This chapter shall hereafter be known and designated as the "sign ordinance of the city of Rogue River."
(Ord. 25-440-O § 1)
[1]
Prior legislation: Ord. 23-418-O.
A.
The purposes of this code are to:
1.
Regulate signage in a manner that does not create an impermissible conflict with statutory, administrative, or constitutional standards, or impose an undue financial burden on the city.
2.
Provide for fair and consistent enforcement of the sign regulations set forth herein under the zoning authority of the city.
3.
Improve the safety and the visual appearance of the city while providing for effective means of communication and orientation, particularly in those settings in which the need for such communication or orientation is greater, consistent with constitutional guarantees and the city's findings and other purposes.
4.
Maintain, enhance and improve the aesthetic environment of the city, including its scenic views and rural character consistent with the purpose of each zone, by preventing visual clutter that is harmful to the appearance of the community, protecting vistas and other scenic views from spoliation, and preventing or reducing commercialism in noncommercial areas.
5.
Otherwise ensure that the choices for signage that are available in particular settings are compatible with their surroundings.
6.
Regulate the number, location, size, type, illumination and other physical characteristics of signs within the city in order to promote the public health, safety and welfare.
B.
Because the impacts of signage are often different in pedestrian-oriented areas and vehicle-oriented areas, these regulations distinguish between areas of the city designed for primarily vehicular access and areas designed for primarily pedestrian access.
C.
These regulations do not seek to regulate every form and instance of visual communication that may be displayed anywhere within the jurisdictional limits of the city. Rather, they are intended to regulate those forms and instances related to structures or uses or property that are most likely to meaningfully affect one or more of the purposes set forth above.
(Ord. 25-440-O § 1)
For the purposes of the Rogue River sign code, unless the context indicates otherwise: words in the present tense include the future; the singular number includes the plural and the plural number includes the singular; undefined words have their ordinary accepted meaning; and, the following words and phrases mean:
board," "curb sign," "sandwich board" or "sidewalk sign" means a sign made out of a solid material that is constructed to stand on its own displaying information for a business.
means a sign or sign structure where:
The sign is no longer used by the person who constructed the sign. Discontinuance of sign use may be shown by cessation of use of the property where the sign is located.
The sign has been damaged, and repairs and restoration are not started within 90 days of the date the sign was damaged, or are not diligently pursued, once started.
means to make a change to a sign or sign structure, including but not limited to changes in area, height, projection, illumination, shape, materials, placement and location on a site. Altering a sign does not include ordinary maintenance or repair, repainting an existing sign surface, including changes of message or image, or exchanging the display panels of a sign.
means the time period a nonconforming property has to conform to a new zoning classification before the nonconforming use becomes prohibited.
means the area included within the outer dimensions of a sign, normally the area of a rectangle, square, circle of the backboard to which the lettering, logo, etc., of the business is affixed, or a geometric border approximate to the outside of the lettering and/or logo.
means a sign erected next to an athletic field by the owner or operator of the field and which is visible to spectators.
means a shelter projecting from and supported entirely from the exterior wall of a building and constructed of rigid or nonrigid materials on a supporting framework.
means a sign attached to or incorporated into an awning.
means a sign made of cloth, canvas, plastic, or other comparable nonrigid material, without an enclosing framework or supporting structure and is typically attached by cords, ropes, or similar means.
means any light with one or more beams directed into the atmosphere or directed at one or more points not on the same lot as the light source; also, any light with one or more beams that rotate or move.
means a sign on which any sign face exceeds 200 square feet in area.
means the area of a single side of a building, measured in square feet and calculated by multiplying the length of the side of the building by the height of the building to the roof line. If the roof line height varies along the side of the building, the average of the lowest and highest roof line height on that side shall be used in the calculation.
means all window and wall areas of a building in one plane or elevation.
means the ground floor lineal length of a building wall that faces a street, driveway, parking lot, courtyard or plaza and has an entrance or exit open to the general public.
means the ground floor lineal length of a building wall that faces a street, driveway, parking lot, courtyard or plaza and does not have an entrance or exit open to the general public.
means the building official or his or her designee.
means a permanent sign providing information in a horizontal linear format, that can be changed either manually through placement of letters or symbols on tracks mounted on a panel, or electronically, through use of an array of lights in a dot matrix configuration, from which characters can be formed.
means a commercial, industrial or public enterprise.
means a lineal front footage of a building or portion thereof that is devoted to a specific business or enterprise.
means a parcel of property or that portion thereof occupied by one tenant.
means a permanent roofed structure which may be freestanding or attached to a building, but which is not a completely enclosed structure or awning.
means any characteristic of a sign that appears to have movement or that appears to change, caused by any method other than physically removing and replacing the sign face or its components, except through the operation of moving, rotating, or otherwise animated parts. This definition does not include video signs or tri-vision signs as defined below. This definition includes a display that incorporates a technology or method allowing the sign face to change the image without having to replace the sign face or its components physically or mechanically. This definition also includes any flashing, blinking, or animated graphic or illumination, and any graphic that incorporates LED lights manipulated through digital input, "digital ink" or any other method or technology that allows the sign face to present a series of images or displays.
means the city of Rogue River, Oregon.
means the city administrator or his or her designee.
means any sign wording, logo or other representation advertising a business, profession, commodity, service or entertainment for business purposes.
means, when used in describing a sign, any element of a sign or its source of support (excluding a building), including but not limited to support structure, accessories, wiring, or framing. Paint, vinyl, paper, fabric, lightbulbs, diodes, or plastic copy panels on a sign do not constitute components.
means a sign required by the Travel Information Council (TIC) as a follow up sign, needed by a business having a freeway sign, or any approved sign requested by a business, but said sign to be located off the business premises and used as a locator and the definition also includes any master directional sign installed by the city.
means any fabric, bunting or other lightweight material that is secured or mounted so as to allow movement caused by the atmosphere.
means, when used in describing a sign, the presence of an intermittent or flashing light source (whether on the face or externally mounted), or the presence of a light source which creates the illusion of intermittent or flashing light by means of animation.
means a sign wholly supported by integral pole(s), post(s), or other structure or frame, the primary purpose of which is to support the sign and connect it to the ground. Examples include monument signs and pole signs. A freestanding sign does not include a portable sign.
means a sign that is constructed, placed or maintained by the federal, state or local government for the purpose of carrying out an official duty or responsibility or a sign that is required to be constructed, placed or maintained by a federal, state or local government either directly or to enforce a property owner's rights.
means any United States government, state of Oregon, Travel Oregon (Oregon Tourism Commission), Jackson County or Rogue River function.
For freestanding signs, "grade" means the average level of the ground measured five feet from either end of the base of the sign, parallel to the sign face. For signs mounted on buildings, "grade" means the average level of the sidewalk, alley or ground below the mounted sign measured five feet from either end of the sign face.
means a sign on a cemetery plot or space, including any floral displays or other decorations placed upon it.
means a sign erected on a freestanding frame, mast or pole and not attached to any building.
means a hand-carried sign of six square feet or less in area, worn or carried by a person when being displayed.
means the vertical distance measured from grade to the highest attached component of a sign including the supporting structure.
means a sign constructed in close proximity to a historic place, object, building, or other landmark recognized by an official historical resources entity, where the sign is constructed by the owner of the historic property and does not exceed 20 square feet in size.
means a sign designated as a historic or cultural resource under city, state or federal law or a sign that is an historical element of an historical landmark.
means a sign which is erected in violation of this chapter.
means a sign illuminated by an internal light source or an external light source primarily designed to illuminate the sign. The illumination is "external" when the light source is separate from the sign surface and is directed to shine upon the sign and "internal" when the light source is contained within the sign but does not include signs where the text or image is composed of dot-matrix or LEDs. External illumination is "direct" when the source of light is directly seen by the public, such as floodlight, and "indirect" when the source of light is not directly seen by the public, such as cove lighting.
means a sign that is not legible to a person of ordinary eyesight with vision adequate to pass a state driver's license exam standing at ground level at a location on the public right-of-way or on other private property.
means, when describing the illumination of a sign, external illumination from a source located away from the sign, which lights the sign, but which is itself not visible to persons viewing the sign from any street, sidewalk or adjacent property.
means a sign that is embedded, extruded or carved into the material of a building facade. A sign made of bronze, brushed stainless steel or aluminum, or similar noncombustible material attached to the building facade and projecting no more than 18 inches from a building.
means a sign erected and maintained inside of a building, including, but not limited to, a sign attached to or painted on the inside of windows. This definition does not include text, pictures, graphics, or similar representations in display windows.
means a temporary freestanding sign made of lightweight materials such as cardboard or vinyl that is supported by a frame, pole or other structure placed directly in or upon the ground without other support or anchor.
means a semiconductor diode that converts applied voltage to light and is used in digital displays.
means normal care or servicing needed to keep a sign functional or perpetuate its use, such as cleaning, replacing or repairing a part made unusable by ordinary wear, and changing light bulbs.
means a permanent roofed structure attached to or supported by a building.
means a sign which is painted on, attached to, or supported by a marquee, awning, or canopy.
means a freestanding sign that is placed on a solid base that extends a minimum of 12 inches above the ground and extends at least 75 percent of the length and width of the sign. The above ground portion of the base is considered part of the total allowable height of a monument sign.
means a permanent wall sign located on the front facade of a residential structure.
means any message that is not commercial speech, which includes but is not limited to, messages concerning political, religious, social, ideological, public service and informational topics.
means a hand-painted work of visual art that is either affixed to or painted directly on the exterior wall of a structure with the permission of the property owner. An original art display does not include mechanically produced or computer-generated prints or images, including but not limited to digitally printed vinyl; electrical or mechanical components; or changing image art display.
means the person owning title to real property on which a sign is located, or the contract purchaser of the real property as shown on the last available complete assessment roll in the office of county assessor. "Owner" also includes the owner of a sign who has a continuing lease of the real property on which the sign is located.
means any flag.
means every person, firm, partnership, association, or corporation.
means a sign that is a freestanding sign connected to the ground by one or more supports with the lower edge of the sign separated vertically from the ground by a distance of nine feet or greater as measured from grade.
means a sign which is not affixed to a building or other structure, or the ground in a permanent manner and is designed to be moved from place to place.
means a nonresidential use of property by an owner or lessee. Multiple principal uses may be located on a lot or development.
means a sign whose location, dimensions or other physical characteristics do not conform to the standards of this chapter, but which was legally constructed or placed in its current location prior to the enactment of this chapter or its amendment that made it nonconforming.
means a sign, other than a wall sign, that projects from, and is supported by or attached to, a roof or wall of a building or structure.
means travel area dedicated, deeded or under control of a public agency, including, but not limited to, highways, public streets, bike paths, alleys and sidewalks.
means a sign erected, constructed, or placed within the public right-of-way or on public property by or with the approval of the governmental agency having authority over, control of, or ownership of the right-of-way or public property.
means a tall, narrow, vertically oriented advertising sign made of fabric or other flexible material, designed with a curved or tapered top resembling a feather or teardrop shape. It is mounted on a flexible pole that allows the banner to flutter or wave in the wind, thereby attracting attention.
means a sign with a fixed or changeable display area composed of letters, numbers, symbols, or graphics that can be manually arranged or electronically updated to convey messages, announcements, or information. Reader boards are typically freestanding or mounted and designed for easy updating of the displayed content, often used to advertise events, promotions, or other timely information.
means mending or replacing broken or worn parts with comparable materials.
means the top edge of a roof or a building parapet, whichever is higher, excluding any cupolas, chimneys or other minor projections.
means a sign erected upon, against, or over the roof of any building or structure.
means a light that has holiday lights or mini lights inside of a PVC tube.
means every type of decoration displayed on a seasonal basis.
means the horizontal distance from the property line to the sign, measured at the closest points of the sign to the property line.
means any business or group of businesses which are in a building or group of buildings, on one or more lots.
means the area of the sign measured within lines drawn between the outermost points of a sign, but excluding essential sign structures, foundations, or supports.
means a continuous horizontal band located on a facade where there are no doors, windows or other architectural features.
means the message or image conveyed by a sign.
means the sum of the surfaces of a sign face as seen from one plane or elevation included within the outer dimensions of the sign board, frame or cabinet.
means the average level of the grade below the sign to the topmost point of the sign including the supporting sign structure, foundations, and supports.
means the area, tract, parcel, or lot of land owned by or under the lawful control of an owner. Abutting platted lots under the same ownership shall be considered one site.
means the length or width of a site, measured along a line separating the site from a street or public right-of-way.
means a lighting fixture that is composed of electrical wiring encased in plastic with sockets for bulb placement.
means a site with four or more lots.
means a structure specifically intended for supporting or containing a sign.
means a sign suspended from the underside of a canopy, awning, eve, or marquee.
means a temporary business as defined by the city of Rogue River Municipal Code.
means a sign that is attached to a building, structure, vegetation, or the ground for what is expected to be a transitory or temporary period not to exceed 90 days, cumulatively, within a single calendar year. Temporary signs include, but are not limited to, A-frames, banners, flags, pennants, balloons, blimps, streamers, lawn signs and portable signs.
means a sign that contains display surfaces composed of a series of three-sided rotating slates arranged side by side, either horizontally or vertically, that are rotated by an electro-mechanical process, capable of displaying a total of no more than three separate and distinct messages, one message at a time; provided, that the rotation from one message to another message is no more frequent than every eight seconds and the actual rotation process is accomplished in four seconds or less.
means a sign that does not conform to the provisions of this code and is not a nonconforming sign.
means a sign constructed or placed by a public utility on or adjacent to a pole, pipe, or distribution facility of the utility and within the public right-of-way or utility easement.
means a sign placed in or attached to the motor vehicle, trailer, railroad car, or light rail car that is used for either personal purpose or is regularly used for purposes other than the display of signs.
means a sign providing information in both a horizontal and vertical format (as opposed to linear), through the use of pixel and subpixel technology having the capacity to create continuously changing sign copy in a full spectrum of colors and light intensities.
means a triangular area on a lot at the intersection of two streets or a street and a railroad, alley, or driveway as defined and measured in Rogue River zoning ordinance.
includes but is not limited to any mosaic, mural, painting or graphic art technique or combination or grouping of mosaics, murals, paintings or graphic art techniques applied, implanted or placed directly onto a wall or fence.
means a sign that is painted on a wall of a building, or a sign attached to the wall of a building and extending no more than 18 inches from a wall, or attached to or erected against a roof with a slope not more than 20 degrees from vertical, with the exposed face of the sign in a plane that is vertical or parallel to the plane of that roof, and which does not project more than 18 inches from the wall or roof. Window signs that are permanently attached to the outside of a window are wall signs.
means any sign or device in the nature of banners, flags, balloons, or other objects fastened in such a manner as to move upon being subject to pressure by wind or breeze.
means a sign attached to or painted on a window or displayed inside the building within six inches of a window or building opening so that it is viewable from the outside of the building.
(Ord. 25-440-O § 1)
The city administrator, or his or her designee, is responsible for regulating, reviewing, amending and enforcing this chapter.
(Ord. 25-440-O § 1)
A.
Signs shall be maintained in a neat, clean, and attractive condition. All signs shall be constructed of such materials or treated in such a manner to withstand normal wear from weathering. Sign materials should be able to meet the Oregon Specialty Codes for wind resistance. The design, fabrication and lettering and/or message elements shall be comparable in quality to a product produced by a professional commercial sign shop.
B.
Except as provided in RRMC § 17.85.060, no person shall erect, construct, enlarge, alter, repair, move, improve, remove, convert, demolish, equip, use or maintain any sign, or cause or permit the same to be done, contrary to or in violation of any of the provisions of the Rogue River sign code.
C.
Except as provided in RRMC § 17.85.090, no person shall erect, construct or alter a sign, or permit the same to be done, unless a sign permit has been issued by the city. A sign permit for the construction and continued use of a sign is subject to the terms and conditions stated in the permit and to the Rogue River sign code.
E.
An application for sign permit approval is subject to the procedures set forth in RRMC § 17.85.150.
F.
The Rogue River sign code shall not be construed to permit the erection or maintenance of any sign at any place or in any manner unlawful under any other city code provision or other applicable law. In any case where a part of the Rogue River sign code conflicts with a provision of any zoning/development, building, fire, safety or health ordinance or code, the provision which establishes a stricter standard for the protection of public health and safety shall prevail.
G.
Subject to the landowner's consent, noncommercial speech may be substituted for commercial speech; provided, that the sign structure or mounting device is legal without consideration of message content. This provision prevails over any provision to the contrary in this chapter. The purpose of this provision is to prevent any inadvertent favor of commercial speech over noncommercial speech or favoring of any particular noncommercial message over any other noncommercial message. This provision does not create a right to increase the total amount of signage on a lot or parcel, nor does it affect the requirement that a sign structure or mounting device be properly permitted.
H.
The Rogue River sign code is not intended to and does not restrict speech based on its content, viewpoint or message. No part of this chapter shall be construed to favor commercial speech over noncommercial speech. To the extent any provision of this chapter is ambiguous, the term shall be interpreted to not regulate on the basis of speech content, and the interpretation resulting in the least restriction on the content of the sign message shall prevail.
I.
If any section, subsection, paragraph, sentence, clause or phrase of the Rogue River sign code is declared invalid for any reason by a court having jurisdiction under state or federal law, the remaining portions of this chapter shall remain in full force and effect.
(Ord. 25-440-O § 1)
Except for signs prohibited by this chapter, the following signs are exempt from the provisions of the Rogue River sign code:
A.
Incidental signs.
B.
Grave markers.
C.
Original art displays that do not constitute commercial speech.
D.
Seasonal decorations, rope lights, string lights, holiday lights or mini-lights.
(Ord. 25-440-O § 1)
Except for prior lawful nonconforming signs, the following signs are unlawful and are nuisances:
A.
Abandoned signs.
B.
Beacon signs, except those associated with emergencies or aircraft facilities.
C.
Flying signs, such as blimps or kites, designed to be kept aloft by mechanical, wind, chemical or hot air means that are attached to the property, ground or other permanent structure.
D.
Inflatable signs that are attached to the property, ground or other permanent structure, including but not limited to balloons.
E.
Billboards.
F.
Video signs.
G.
Signs and components and elements of faces of signs that move, shimmer, or contain reflective devices.
H.
Signs which emit any odor, noise or visible matter other than light.
I.
Commercial speech affixed to any transmission facility.
J.
Vehicle signs, including trailers, used as static displays such that the primary purpose of the vehicle is the display of the sign, placed or parked on the public right-of-way for a continuous period of two days or more. Vehicles and equipment regularly used in the conduct of the business such as delivery vehicles, construction vehicles, fleet vehicles, or similar uses shall not be subject to this prohibition.
K.
Any sign constructed, maintained or altered in a manner not in compliance with the Rogue River sign code.
L.
Any nonpublic sign constructed or maintained which, by reason of its size, location, movement, coloring or manner of illumination may be confused with or construed as a traffic control device or which hides from view any traffic control device.
M.
Any sign (other than a government sign) constructed in such a manner or at such a location that it will obstruct access to any fire escape or other means of ingress or egress from a building or an exit corridor, exit hallway or exit doorway. No sign or supporting structure shall cover, wholly or partially, any window or doorway in any manner that it will substantially limit access to the building in case of fire.
N.
Any sign located in a manner which could impede traffic on any street, alley, sidewalk, bikeway or other pedestrian or vehicular travel way.
O.
Any sign equipped with moving, rotating or otherwise animated parts, except for athletic scoreboards permitted under RRMC § 17.85.090.
P.
Any sign that is wholly or partially illuminated by a flashing or intermittent light, lights, lamps, bulbs, or tubes. Rotary beacon lights, zip lights, strobe lights, or similar devices shall not be erected or maintained, or attached to or incorporated in any sign.
Q.
Any sign (other than a government sign) within the vision clearance area provisions contained in the zoning/development ordinance.
R.
Any sign attached to a tree or a plant, a fence or a utility pole, except as otherwise allowed or required by the Rogue River sign code or other chapters of the city code.
S.
Any sign that is offensive or obscene based on community standards.
(Ord. 25-440-O § 1)
A.
Nonconforming signs may continue in use, subject to the restrictions in this subsection:
1.
Removal Generally Required for Nonconforming Signs Following Amortization Period. Any sign made nonconforming by a provision of the sign code:
a.
May be maintained for a reasonable period of time to amortize the investment therein. The amortization period shall be determined as follows:
i.
Except as provided in subsection (A)(1)(a)(ii) of this section and nonconforming billboards, every nonconforming sign shall be removed in accordance with the following amortization schedule:
Type of Sign | Maximum Period of Time Sign May Be Maintained |
|---|---|
Residential Sign Within a Residential District | 6 Months |
Nonresidential Sign in a Residential District | 9 Months |
Signs Within a Commercial, Industrial or Public-Open Space District | 1 Year |
ii.
The amortization period shall begin on the date of mailing by the city administrator or his or her designee of notice to the owner of the property on which the sign is located (as determined from the most recent tax assessor's roll), of the fact that the sign is nonconforming and subject to amortization. The notice shall include a statement of the owner's right to seek an extension of the amortization period under subsection (A)(3) of this section.
iii.
Notwithstanding any other provision in this subsection (A)(1)(a)(iii), any nonconforming sign that has been fully depreciated for federal or state income tax purposes shall be removed or modified to comply with the provisions of the sign code within one year of the date the sign became nonconforming.
2.
Extension of Amortization Period. If the amortization period established by the above provision of this section creates an exceptional hardship for the sign owner, the owner may make an application for an extension of the amortization period, provided the application is submitted before the expiration of such amortization period. For purposes of this subsection, "owner" includes lessee.
a.
Application. An application shall be submitted to the city administrator or his or her designee and shall be accompanied by a fee as may be set by resolution adopted by the city council. The application shall contain the name and address of the sign owner, the land owner, the type, location and size of sign, the date the sign was erected, the height (including supports) of the sign, the cost of construction, and the length of time extension is requested; and shall be accompanied by a detailed statement of reasons an extension is sought, and why the amortization period constitutes an exceptional hardship.
b.
Procedures. Applications for extension of an amortization period shall be heard by the city administrator or his or her designee, which shall determine whether the application satisfies the criteria set forth in subsection (A)(3) of this section. The city administrator or his or her designee may grant or deny the extension and impose such conditions as may be necessary to minimize the adverse effects of such extension upon surrounding properties. In granting an extension, the city administrator or his or her designee shall determine the length of the time for the extension. The findings and the basis for the city administrator or his or her designee's decision shall be transmitted to the applicant in writing.
c.
Criteria. In considering an application for an extension of the amortization period for a nonconforming sign, the following criteria shall be applied:
i.
The original cost of the sign;
ii.
The date the sign was constructed and located on the site;
iii.
The degree of deviation from the sign regulations;
iv.
Whether unusual circumstances concerning the sign's size, height, location or nature are present;
v.
The nature of the exceptional hardship, and whether allowing an extension in light of the hardship would be inconsistent with the intent of sign amortization;
vi.
The effect of the nonconforming sign on the use, value, and enjoyment of surrounding and neighboring properties;
vii.
The least amount of additional time required, if any, for the applicant to amortize any unreasonable economic loss, over and above the amortization period already permitted under this section; and
viii.
Proof that the sign has not been fully depreciated for federal income tax purposes shall be required except in extraordinary circumstances where such proof is deemed inapplicable.
3.
General Requirements for Nonconforming Billboard Signs.
a.
All billboard signs in service as of the date of the passage of the ordinance codified in this chapter are allowed to remain, as long as said sign complied with the ordinances in existence at the time the sign permit was issued. Any construction, replacement, alteration, or relocation of an existing sign shall require a new sign permit application.
b.
A billboard sign may undergo normal maintenance with the following exceptions:
i.
"Normal maintenance" excludes major structure repairs designed to extend the useful life of the nonconforming sign.
ii.
If a billboard sign is damaged by wind, fire, neglect or by any other cause, and such damage exceeds 50 percent of its replacement value, the billboard sign shall be removed.
iii.
When any proposed change, repair, or maintenance constitutes an expense of more than 50 percent of the lesser of the original value or replacement value of the sign, the billboard sign shall be removed.
B.
Nothing in this section shall be deemed to prevent the maintenance of any sign, or regular manual changes of sign copy on a sign.
C.
Continuation of Prior Lawful Nonconforming Sign as Public Nuisance – Removal and Abatement.
1.
The continuation of any nonconforming sign beyond the time period(s) set forth in subsection (A) of this section is hereby declared to be a public nuisance, which may be abated as provided by this section.
2.
Any nonconforming sign that remains in place after the expiration of the amortization period, or any extension thereof, shall be removed within 30 days after a written notice for removal has been posted on the property upon which the sign is located, and a copy sent by certified mail, postage prepaid, to the sign owner and landowner, if different. Such notice shall state the particulars of the violation and require removal of the sign upon or before a date specified in the notice, but not less than 30 days after such posting and mailing, and that written objections to such removal may be filed with the city administrator or his or her designee on or before such date. If the nonconforming sign is not removed on or before the date specified in the notice, and if no written objections to such removal are filed, the city administrator or his or her designee may cause the removal thereof at the expense of the owner of the real property upon which such sign is located.
3.
Upon receipt of timely filing of objections, the nonconforming sign shall remain in place. Hearing upon the objections shall be held before the planning commission. Notice of the time, date and place of the hearing shall be personally delivered, or mailed by certified mail, postage prepaid, to the person filing such objections at the address provided in the objections, at least 10 days prior to the hearing.
4.
Any nonconforming sign ordered removed by the planning commission shall be removed within 30 days after notice of the removal order has been mailed to such objector and if not removed within such time, the city administrator or his or her designee shall cause the removal to be made at the expense of the owner of the real property upon which such sign is located.
D.
Prior to approval of an additional sign, all existing signs must be brought into conformance.
(Ord. 25-440-O § 1)
The following signs are allowed in all zones without a permit. Use of these signs does not affect the amount or type of signage otherwise allowed by this chapter. The painting, repainting, cleaning, maintenance and repair of an existing sign shall not require a permit, unless a substantial structural alteration is made. The changing of a sign copy or message shall not require a permit. All signs listed in this section are subject to all other applicable requirements of the Rogue River sign code.
A.
Government signs.
B.
Informational Signs. Informational signs placed by the city of Rogue River, Jackson County, state of Oregon, or the United States government in the publicly owned right-of-way. Collective identification or directory signs placed by the city showing the types and locations of various civic, business, recreation, historic interest areas, or other similar uses, when such signs are located on publicly owned right-of-way or on city property.
C.
Memorials. Memorial tablets, cornerstones, or similar plaques not exceeding six square feet in size.
D.
Flags made of fabric or other flexible material, customarily bearing a distinctive design or message, and attached along one edge to a staff or pole, used for identification, signaling, or decorative purposes – including, but not limited to, flags of national, state, or local government. No flag shall exceed a height of six feet or an area of six square feet.
E.
Interior Signs. Signs within a building provided they are not visible to persons outside the building.
F.
Signs Not Visible from Public Way. Any sign which is not visible to motorists or pedestrians on any public highway, sidewalk, street, or alley.
G.
Small Incidental Signs. Small incidental signs provided said signs do not exceed two square feet in area per sign, not more than two in number on any parcel or two per business frontage, whichever is greater.
H.
String of Lights. Strings of lights in nonresidential zones where the lights do not exceed five watts per bulb and do not flash or blink in any way. Strings of lights in residential districts are not regulated.
I.
Integral signs.
J.
One indirectly illuminated or nonilluminated sign not exceeding one and one-half square feet in an area placed on any non-multifamily residential lot. This type of sign is typically used as a name plate.
L.
Signs displayed upon a bus or light rail vehicle owned by a public transit district.
M.
Historical signs or historical or landmark markers.
N.
Handheld signs.
O.
A sign up to six square feet constructed or placed within a parking lot, for each access point square feet of parking area. These signs are typically used to direct traffic and parking.
P.
A sign within the public right-of-way that is erected by a governmental agency, utility or contractor doing authorized work within the right-of-way.
Q.
A sign that does not exceed eight square feet in area and six feet in height and is erected on property where there is a danger to the public or to which public access is prohibited.
R.
Nonilluminated interior signs in nonresidential zones designed primarily to be viewed from a sidewalk or street, provided the sign does not obscure more than 25 percent of any individual window.
S.
Illuminated interior signs in nonresidential zones designed primarily to be viewed from a sidewalk or street, provided the sign face is less than six square feet in area.
T.
One suspended sign for each principal use erected on property which is not considered public right-of-way, under an attached first floor awning or canopy upon a building with direct exterior pedestrian access, provided the sign does not exceed six square feet in area and has a minimum of eight feet of clearance.
U.
An exterior sign erected next to an entrance, exit, rest room, office door, or telephone, provided the sign is no more than six square feet in area. This type of sign is typically used to identify and locate a property feature.
V.
Signs located within a sports stadium or athletic field, or other outdoor assembly area which are intended for viewing by persons within the facility. The signs shall be placed so as to be oriented towards the interior of the field and the viewing stands.
W.
Signs incorporated into vending machines or gasoline pumps.
Y.
Utility signs.
Z.
Signs for hospital or emergency services, and railroad signs.
(Ord. 25-440-O § 1)
The following signs are temporary by their nature, and are limited to special events, self-canceling upon completion of advertisement, or are placed by a governmental agency. All temporary signs shall be subject to the other regulations contained in this chapter relative to the size, lighting or spacing of such sign.
A.
Temporary signs exempt from permit requirements include, but are not limited to, the following, provided they adhere to the requirements associated with their specific type. In addition, no temporary sign shall be affixed to utility poles or public property or shall be placed without a property owner's written consent.
B.
Banners and Bunting. Cloth, canvases, or fabric signs may extend across a public street only with permission from the city council. Such signs, when extended over a public street, shall maintain a minimum clearance of 18 feet above grade. One banner sign shall be permitted for each temporary use. The maximum sign area shall not exceed 20 square feet in any residential district or 50 square feet in any commercial, industrial or public-open space district.
C.
Razor Flag Banner. Razor flag banners, also known as feather flags, swooper flags, or blade banners, shall be permitted only in commercial, industrial, and public-open space zones and must be located solely on the property where the business is conducted. Such banners shall not extend into public sidewalks, streets, or rights-of-way, nor create obstructions to pedestrian or vehicular traffic.
D.
Portable Business Signs. A movable sign, such as a real estate sign, that is not permanently fixed to any building, structure, or ground. It shall be located only on the property where the business or real estate is situated and must not encroach into public sidewalks, streets, or rights-of-way, nor cause obstruction to pedestrian or vehicle movement.
E.
Reader board signs, to include sandwich board and A-frame signs, on public sidewalks adjacent to commercial, public or institutional uses which comply with the following standards:
1.
The temporary sign does not exceed three and one-half feet in height; and
2.
The temporary sign is placed on the sidewalk within the first three feet behind the curb; and
3.
The temporary sign is present only during the business hours of the enterprise responsible; and
4.
No more than one temporary sign shall be placed in the public right-of-way adjacent to any property frontage on a single street; and
5.
A temporary sign placed elsewhere than directly adjacent to the primary use shall be placed only with the written consent of the property owner of the adjacent property.
F.
Temporary Window Signs, Nonresidential Zone. Temporary signs painted or placed upon a window in a nonresidential zone, when such signs do not obscure more than 25 percent of such window area and are maintained for a period not exceeding 90 days. Signs that remain longer than 90 days will be considered permanent and must comply with the provisions of this chapter.
Table 17.85.100(A) Temporary and Other Exempt Signs1,2,3,4,5 | |||||
|---|---|---|---|---|---|
Type Of Sign | Number | Height | Maximum Area | Location4 | Duration |
Banner and Bunting Sign: A sign made of fabric or other nonrigid material with no enclosing framework. | One banner sign shall be permitted for each temporary use. | Such signs, when extended over a public street, shall maintain a minimum clearance of 18 feet above grade. | 20 square feet in any residential district. 50 square feet in any commercial, industrial or public-open space district. | May extend across a public street only with permission from the city council. | Banners shall be erected for no more than 90 continuous days in duration, cumulatively, within a single calendar year. |
Memorials: Memorial tablets, cornerstones, or similar plaques. | Six square feet. | ||||
Portable Signs: "Real estate sign" A sign which is not affixed to a building or other structure, or the ground in a permanent manner and is designed to be moved from place to place. | One for each building frontage. | Six feet. | Six square feet. | Located only on the property where the business or real estate is situated and not within the public right- of-way or as to interfere with pedestrian or vehicular traffic. | No more than 90 continuous days in duration, cumulatively, within a single calendar year. |
Razor Flag Banner: A tall, narrow, vertically oriented advertising sign made of fabric or other flexible material, designed with a curved or tapered top resembling a feather or teardrop shape. It is mounted on a flexible pole that allows the banner to flutter or wave in the wind, thereby attracting attention. | One for each building frontage. | Six feet. | Located on the property, not within the public right-of-way or as to interfere with pedestrian or vehicular traffic. | No more than 90 continuous days in duration, cumulatively, within a single calendar year. | |
Signs on Public Sidewalks: "Reader board," "A-frame," "sandwich board" or "sidewalk sign" A sign made out of a solid material that is constructed to stand on its own displaying information for a business. | No more than one temporary sign shall be placed in the public right-of-way adjacent to any property frontage on a single street. | Three and one-half feet. | Adjacent to commercial, public, or institutional uses within the first three feet behind the curb. | Present only during business hours of the enterprise responsible. Temporary signs placed elsewhere than directly adjacent to the primary use shall be placed only with the written consent of the property owner of the adjacent property. | |
Small Incidental Signs: A sign that is not legible to a person with ordinary eyesight with vision adequate to pass a state driver's license exam standing at ground level at a location on the public right-of-way or on other private property. | Not more than two on any parcel or two per business frontage, whichever is greater. | Two square feet in area per sign. | |||
String Lights: A lighting fixture that is composed of electrical wiring encased in plastic with sockets for bulb placement. *Strings of lights in residential districts are not regulated. | In nonresidential zones, the lights may not exceed five watts per bulb and may not flash or blink in any way. | ||||
Temporary Sign: A sign that is attached to a building, structure, vegetation, or the ground for what is expected to be a transitory or temporary period. Temporary signs include, but are not limited to, A-frames, banners, flags, pennants, balloons, blimps, streamers, lawn signs and portable signs. | One for each building frontage. | Six feet. | Six square feet. | No temporary sign shall be affixed to utility poles or public property or shall be placed without a property owner's written consent. | No more that 90 days in duration, cumulatively, within a single calendar year. |
Temporary Window Sign (nonresidential zones): A sign attached to or painted on a window or displayed inside the building within six inches of a window or building opening so that it is viewable from the outside of the building. | May not obscure more than 25 percent of window area. | Signs that remain longer than 90 days will be considered permanent and must comply with the provisions of this chapter. | |||
1 All signs shall be sited in accordance with RRMC § 17.65.040. |
2 Any of the temporary signs are deemed exempt from requiring a sign permit, so long as they adhere to the specific requirements associated with their type. |
3 Limited to special events, self-canceling upon completion of advertisement, or are placed by a governmental agency. |
4 Except for holiday seasonal decorations, temporary signs shall not be illuminated. |
5 Any temporary sign placed elsewhere than directly adjacent to the primary use shall be placed only with the written consent of the property owner of the adjacent property. |
(Ord. 25-440-O § 1)
In addition to the signage allowed without permits, the following signage is allowed subject to the requirements of this chapter:
B.
Permitted Sign Types, Number and Area. Signs within the residential districts are limited as follows and require issuance of permits under RRMC § 17.85.160:
1.
Residential Sign Regulations.
a.
Banner Signs.
i.
For multifamily residential developments, one banner sign shall be permitted for each development. The banner sign shall be limited to a display period of a maximum of 90 continuous days, cumulatively, within a single calendar year. The sign area shall not exceed 20 square feet.
ii.
For temporary uses, one banner sign shall be permitted for each temporary use provided these signs shall be erected for no more than 90 continuous days, cumulatively, within a single calendar year. The maximum sign area shall not exceed 20 square feet.
b.
Monument and Ground-Mounted Signs.
i.
In multifamily developments, one double-faced monument sign, or not more than two single-faced monument signs on either side of a vehicular entrance, shall be permitted on the primary street frontage. Sign area shall not exceed 20 square feet for each sign face. Where a complex has multiple street frontages, this signage may be permitted on each building frontage that abuts a TSP designated arterial or collector street.
ii.
In subdivisions, not more than two single-faced monument signs for a subdivision or planned unit development having 20 or more lots may be permitted on either side of a public right-of-way or private street tract entrance. Sign area shall not exceed 20 square feet for each sign face.
2.
Nonresidential Sign Regulations in the Residential Districts.
a.
Awning Signs.
i.
Awning signs are permitted only as an integral part of the awning to which they are attached or applied.
ii.
The awning supporting structure shall maintain a clearance of eight and one-half feet.
iii.
An awning shall not extend to within two feet from the curb. An awning shall not project above the roof line.
iv.
The awning sign shall extend no more than eight feet from the building face.
v.
One awning sign for each building frontage shall be permitted. Total sign area including wall signs shall not exceed 12 percent of the building elevation area, with a maximum sign face area of 20 square feet on primary frontages, and eight percent of the building elevation area on secondary frontages, with a maximum sign face area of 20 square feet.
b.
Banner Signs.
i.
For principal uses in residential districts, one banner sign shall be permitted for each principal use. The banner sign shall be limited to a display period of a maximum of 90 continuous days, cumulatively, within a single calendar year. The sign area shall not exceed 20 square feet.
ii.
For temporary uses, one banner sign shall be permitted for each temporary use provided these signs shall be erected for no more than 90 continuous days, cumulatively, within a single calendar year. The maximum sign area shall not exceed 20 square feet.
c.
Bulletin Boards.
i.
One single- or double-faced bulletin board per site may be incorporated into an approved monument or ground-mounted sign. Sign area for a bulletin board shall not exceed 20 square feet for each sign face or 65 percent of the total sign face.
d.
Freestanding Signs.
i.
No part of a freestanding sign shall be erected or maintained within three feet of a street front property line, or within five feet of a side lot line, unless the application for the permit has been reviewed by the fire marshal and the fire marshal has determined that the location of the sign does not interfere with adequate fire access to any property.
ii.
No part of a freestanding sign shall project or extend into any public right-of-way.
iii.
Except as provided in this subsection, no freestanding sign shall project or extend into any vision clearance area. One or two sign poles supporting a freestanding sign may be located within the vision clearance area if they are necessary for the support of the sign, and if no other portion of the sign is located within the vision clearance area between two feet and 10 feet over grade.
iv.
A freestanding sign shall be directly supported by poles or foundation supports in or upon the ground. No external cross braces, guy wires, "T" frames, "A" frames, "trusses," or similar bracing systems shall be used to buttress, balance, or support a freestanding sign.
v.
Only one freestanding sign is allowed for each street frontage.
vi.
A minimum of nine feet clearance is required in areas accessible to vehicles. The lowest point of these signs may be less than nine feet above grade in areas not accessible to vehicles when the signs are protected from physical damage by the installation of bumper poles or other ground protections.
e.
Monument and Ground-Mounted Signs.
i.
For public and institutional uses, one single- or double-faced monument sign shall be permitted for each such facility. Where such a facility has multiple street frontages, this signage may be permitted on each frontage. Sign area shall not exceed 20 square feet for each sign face.
ii.
For commercial uses within a residential district, one single- or double-faced monument sign shall be permitted on the primary frontage of the development. In lieu of one monument sign, one single- or double-faced ground-mounted sign shall be permitted on the primary frontage of developments which contain five or more principal uses in one structure. Where a development has multiple street frontages, this signage may be permitted on each building frontage that abuts an arterial or collector street. Sign area shall not exceed 20 square feet for each sign face.
f.
Projecting Signs. An otherwise authorized sign shall be permitted to project over public right-of-way if the sign meets all of the following requirements:
i.
The sign is attached to the face of a building where the building face is located within five feet of the property line abutting a street.
ii.
No external cross braces, guy wires, trusses, or similar bracing systems are used in constructing the sign.
iii.
The sign extends no more than 18 inches from the building's face and shall be no less than eight feet above the ground under the projecting sign.
iv.
For upper floor businesses, two projecting signs for each street frontage shall be permitted for buildings having two or more floors and at least 50 feet of street frontage.
v.
Sign area for each sign shall not exceed six square feet.
vi.
The sign shall not project above the roof line or parapet wall, whichever is higher.
vii.
Projecting signs shall conform to all provisions of this section which are designed to provide safe minimum clearance along public sidewalks and streets. The setback of the outer edge of the projecting sign must be a minimum of two feet from the curbline.
viii.
Spacing between an earlier erected and any later erected projecting sign shall be a minimum of 20 feet.
g.
Suspended Signs. For each business in the residential districts, one suspended sign over public right-of-way shall be permitted under an attached first floor awning or canopy with direct exterior pedestrian access. The sign area shall not exceed six square feet.
h.
Wall Signs.
i.
A wall sign shall not project more than 18 inches from the wall to which it is attached. A wall sign located on an alley frontage shall have 15 feet of clearance.
ii.
A wall sign shall not be projected above the roof line, or top of the parapet wall, whichever is higher.
iii.
No external braces, guy wires, "A" frames, or similar bracing systems shall be used in constructing a wall sign.
iv.
The height of a wall sign attached to the end or face of a marquee shall not exceed 30 inches. The lower edge of the sign shall not extend below the marquee.
v.
Wall signs on mansard roofs of 30 degrees or less may be installed vertically if solid background is used.
vi.
Wall signs shall be placed within the sign band.
vii.
For commercial uses permitted in the residential districts, one wall sign for each tenant occupancy shall be permitted.
viii.
For public and institutional uses, one wall sign for each building frontage shall be permitted.
ix.
Sign area for all wall signs shall not exceed eight percent of the building elevation area, with a maximum individual sign face area of 20 square feet on primary frontages. Sign area for all wall signs shall not exceed six percent of the building elevation area on secondary frontages, with a maximum individual sign face area of 20 square feet.
x.
No more than two wall signs shall be permitted on the frontage of the primary building. Only one wall sign shall be permitted on the secondary frontage.
C.
Maximum Sign Height. Signs shall be no more than six feet in height.
D.
Illumination.
1.
Except for monument signs in the residential districts, athletic scoreboards, bulletin boards, and wall signs permitted in the residential districts, any illumination of signs in the residential districts shall be indirect.
2.
The illumination of signs within the residential districts shall comply with the standards contained in RRMC § 17.85.150.
Table 17.85.110(A) Residential Sign Regulations in the Residential Districts1,2,3 | ||||
|---|---|---|---|---|
Type Of Sign | Number | Height | Maximum Area | Location |
Banner Signs (multifamily residential developments): A sign made of fabric or other nonrigid material with no enclosing framework. | One banner sign for each development. | Six feet. | 20 square feet. | Limited to a display period of a maximum of 90 continuous days, cumulatively, within a single calendar year. |
Banner Signs (temporary uses): A sign made of fabric or other nonrigid material with no enclosing framework. | One banner sign for each temporary use. | Six feet. | 20 square feet. | Limited to special events, self-canceling upon completion of advertisement. Banners shall be erected for no more than 90 continuous days, cumulatively, within a single calendar year. |
Monument and Ground-Mounted Signs (multifamily developments): "Monument sign" means a freestanding sign that is placed on a solid base that extends a minimum of 12 inches above the ground and extends at least 75 percent of the length and width of the sign. The above ground portion of the base is considered part of the total allowable height of a monument sign. "Ground-mounted sign" means a sign erected on a freestanding frame, mast or pole and not attached to any building. | One double-faced monument sign, or not more than two single-faced monument signs on either side of a vehicular entrance on the primary street frontage. | Six feet. | 20 square feet for each sign face. | Where a complex has multiple street frontages, this signage may be permitted on each building frontage that abuts a TSP designated arterial or collector street. |
Monument and Ground- Mounted Signs (subdivisions): "Monument sign" means a freestanding sign that is placed on a solid base that extends a minimum of 12 inches above the ground and extends at least 75 percent of the length and width of the sign. The above ground portion of the base is considered part of the total allowable height of a monument sign. "Ground-mounted sign" means a sign erected on a freestanding frame, mast or pole and not attached to any building. | Not more than two single-faced monument signs for a subdivision or planned unit development having 20 or more lots. | Six feet. | 20 square feet for each sign face. | On either side of a public right-of-way or private street tract entrance. |
1 All signs shall be sited in accordance with RRMC § 17.65.040. |
2 The lowest portion of a projecting sign must be at least eight feet above grade, or 10 feet above grade if located within a corner clearance clear vision area. |
3 Except for monument signs, athletic scoreboards, bulletin boards, and wall signs, any illumination of signs shall be indirect and comply with the standards contained in RRMC § 17.85.150. |
Table 17.85.110(B) Non-residential Sign Regulations in the Residential Districts1,2,3,4 | ||||
|---|---|---|---|---|
Type Of Sign | Number | Height | Maximum Area | Location |
Awning Signs: A sign attached to or incorporated into an awning. | One awning sign for each building frontage. | The awning supporting structure shall maintain a clearance of 8.5 feet. An awning shall not project above the roof line. | Total sign area including wall signs shall not exceed 12 percent of the building elevation area, with a maximum sign face area of 20 square feet on primary frontages, and eight percent of the building elevation area on secondary frontages, with a maximum sign face area of 20 square feet. | An awning shall not extend to within two feet from the curb. The awning sign shall extend no more than eight feet from the building's face. |
Banner Signs (principal uses): A sign made of fabric or other nonrigid material with no enclosing framework. | One banner sign shall be permitted for each principal use. | Six feet. | 20 square feet. | Limited to a display period of a maximum of 90 continuous days, cumulatively, within a single calendar year. |
Bulletin Boards: A permanent sign providing information in a horizontal linear format, that can be changed either manually through placement of letters or symbols on tracks mounted on a panel, or electronically, through use of an array of lights in a dot matrix configuration, from which characters can be formed. | One single- or double-faced bulletin board incorporated into an approved monument or ground-mounted sign. | Six feet. | Sign area for a bulletin board shall not exceed 20 square feet for each sign face or 65 percent of the total sign face. | |
Freestanding signs: A sign wholly supported by integral pole(s), post(s), or other structure or frame, the primary purpose of which is to support the sign and connect it to the ground. Examples include monument signs and pole signs. A freestanding sign does not include a portable sign. *For freestanding signs, "grade" means the average level of the ground measured five feet from either end of the base of the sign, parallel to the sign face. For signs mounted on buildings, "grade" means the average level of the sidewalk, alley or ground below the mounted sign measured five feet from either end of the sign face. | Only one freestanding sign is allowed for each street frontage. | Six feet in height with a minimum of nine feet in clearance is required in areas accessible to vehicles. The lowest point of these signs may be less than nine feet above grade in areas not accessible to vehicles when the signs are protected from physical damage by the installation of bumper poles or other ground protections. | 20 square feet. | No part of a freestanding sign shall be erected or maintained within three feet of a street front property line, or within five feet of a side lot line, unless the application for the permit has been reviewed by the fire marshal and the fire marshal has determined that the location of the sign does not interfere with adequate fire access to any property. No part of a freestanding sign shall project or extend into any public right-of-way. |
Monument and Ground- Mounted Signs (public and institutional uses): "Monument sign" means a freestanding sign that is placed on a solid base that extends a minimum of 12 inches above the ground and extends at least 75 percent of the length and width of the sign. The above ground portion of the base is considered part of the total allowable height of a monument sign. "Ground-mounted sign" means a freestanding sign with a minimum of 12 inches of vertical solid base directly and continuously connected to at least 50 percent of the sign face width or, is borne by two or more supports which are a minimum of 12 inches but less than eight feet above grade. | One single- or double-faced monument sign shall be permitted for each such facility. | No more than six feet in height. | Sign area shall not exceed 20 square feet for each sign face. | Where such a facility has multiple street frontages, this signage may be permitted on each frontage. |
Monument and Ground-Mounted Signs (commercial uses): "Monument sign" means a freestanding sign that is placed on a solid base that extends a minimum of 12 inches above the ground and extends at least 75 percent of the length and width of the sign. The above ground portion of the base is considered part of the total allowable height of a monument sign. "Ground-mounted sign" means a freestanding sign with a minimum of 12 inches of vertical solid base directly and continuously connected to at least 50 percent of the sign face width or, is borne by two or more supports which are a minimum of 12 inches but less than eight feet above grade. | One single- or double-faced monument sign shall be permitted on the primary frontage of the development. In lieu of one monument sign, one single- or double-faced ground- mounted sign shall be permitted on the primary frontage of developments which contain five or more principal uses in one structure. | No more than six feet in height. | Sign area shall not exceed 20 square feet for each sign face. | Where a development has multiple street frontages, this signage may be permitted on each building frontage that abuts an arterial or collector street. |
Projecting Signs: A sign, other than a wall sign, that projects from, and is supported by or attached to, a roof or wall of a building or structure. | Two signs for each street frontage shall be permitted for buildings having two or more floors and at least 50 feet of street frontage. | The sign shall not project above the roof line or parapet wall, whichever is higher. | Sign area for each sign shall not exceed six square feet. | Attached to the face of a building where the building face is located within five feet of the property line abutting a street. The sign shall not extend more than 18 inches from the building's face and shall be no less than eight feet above the ground under the projecting sign. The setback of the outer edge of the projecting sign must be a minimum of two feet from the curbline. Spacing between an earlier erected and any later erected projecting sign shall be a minimum of 20 feet. |
Suspended Signs (business): A sign suspended from the underside of a canopy, awning, eve, or marquee. | One suspended sign over public right-of-way shall be permitted under an attached first floor awning or canopy with direct exterior pedestrian access. | A minimum of eight feet of clearance. | Six square feet. | |
Wall Signs (permitted commercial, public and institutional uses): A sign that is painted on a wall of a building, or a sign attached to the wall of a building and extending no more than 12 inches from a wall, or attached to or erected against a roof with a slope not more than 20 degrees from vertical, with the exposed face of the sign in a plane that is vertical or parallel to the plane of that roof, and which does not project more than 18 inches from the wall or roof. Window signs that are permanently attached to the outside of a window are wall signs. | For commercial uses permitted in the residential district, one wall sign for each tenant occupancy shall be permitted. For public and institutional uses, one wall sign for each building frontage shall be permitted. No more than two wall signs shall be permitted on the frontage of the primary building. Only one wall sign shall be permitted on the secondary frontage. | A wall sign shall not be projected above the roof line, or top of the parapet wall, whichever is higher. The height of a wall sign attached to the end or face of a marquee shall not exceed 30 inches. The lower edge of the sign shall not extend below the marquee. | Sign area for all wall signs shall not exceed eight percent of the building elevation area, with a maximum individual sign face area of 20 square feet on primary frontages. Sign area for all wall signs shall not exceed six percent of the building elevation area on secondary frontages, with a maximum individual sign face area of 20 square feet. | A wall sign shall not project more than 18 inches from the wall to which it is attached. A wall sign located on an alley frontage shall have 15 feet of clearance. Wall signs on mansard roofs of 30 degrees or less may be installed vertically if solid background is used. |
1 All signs shall be sited in accordance with RRMC § 17.65.040. |
2 The lowest portion of a projecting sign must be at least eight feet above grade, or 10 feet above grade if located within a corner clearance clear vision area. |
3 No ground sign shall be erected where the sign projects into a pedestrian walkway. |
4 Except for monument signs in the residential districts, athletic scoreboards, bulletin boards, and wall signs permitted in the residential districts, any illumination of signs in the residential districts shall be indirect and comply with the standards contained in RMC 17.85.150. |
(Ord. 25-440-O § 1)
In addition to the signage allowed without permits, the following signage is allowed subject to the requirements of this chapter:
A.
Special Provisions.
1.
Frontage. The number and use of signs allowed by virtue of a given business street frontage shall be placed only upon such business street frontage, and no business shall be allowed more than two signs for each business frontage except by application and approval of the city administrator or his or her designee.
2.
Area. The total area of any sign shall not exceed 60 square feet.
C.
Permitted Sign Types, Number and Area. Signs within the commercial, industrial and public-open space districts are limited as follows and require issuance of permits under RRMC § 17.85.160.
1.
Wall Signs.
a.
Signs may project a maximum of 18 inches from the face of the building to which they are attached, provided the lowest portion of the sign is at least eight feet above grade. A wall sign located on an alley frontage shall have 15 feet of clearance.
b.
No business shall be allowed more than two wall signs for each business frontage except by application and approval of the city administrator.
c.
A wall sign shall not project above the roof line, or top of the parapet wall, whichever is higher.
d.
No external braces, guy wires, "A" frames, or similar bracing systems shall be used in constructing a wall sign.
e.
The height of a wall sign attached to the end or face of a marquee shall not exceed 30 inches. The lower edge of the sign shall not extend below the marquee.
f.
Wall signs on mansard roofs of 30 degrees or less may be installed vertically if solid background is used.
g.
Wall signs shall be placed within the sign band.
2.
Monument and Ground-Mounted Signs.
a.
Monument and ground-mounted signs shall be limited to one per business, and the height shall be determined by the city administrator or his or her designee with consideration given to location and area. No ground sign shall exceed 40 feet in height.
b.
The lowest portion of a ground sign, if within a pedestrian traffic area, shall not be less than eight feet above grade.
3.
Marquee or Awning Signs.
a.
A maximum of two signs shall be permitted for each business frontage in lieu of wall signs.
b.
Awning signs shall not exceed 12 percent of the building elevation area with a maximum sign face area of 60 square feet. Where the use has multiple frontages, the signage on secondary frontages shall not exceed eight percent of the building elevation area, with a maximum sign face area of 50 square feet.
c.
Signs may not project beyond the face of the marquee if suspended, or above the face of the marquee if attached to and parallel to the face of the marquee.
d.
Signs shall have a maximum face height of nine inches if placed below the marquee, and the lowest portion of any sign must be at least eight feet above grade.
e.
The supporting structure shall maintain a clearance of eight and one-half feet.
f.
Awning signs are permitted only as an integral part of the awning to which they are attached or applied.
g.
An awning shall not extend to within two feet from the curb. An awning shall not project above the roof line.
h.
The awning sign shall extend no more than eight feet from the building face.
4.
Projecting Signs/Roof Signs.
a.
One sign shall be permitted for each business or group of businesses occupying a single common space or suite in lieu of a wall sign.
b.
Except for marquee or awning signs, a projecting sign shall not exceed an area of one square foot for each two feet of lineal business frontage that is not already utilized by a wall sign. The maximum area of any projecting sign shall be 20 square feet.
c.
Signs may project from the face of the building to which they are attached a maximum of 18 inches if located eight feet above grade.
d.
No roof sign shall exceed 40 feet in height from grade and shall be at a minimum of eight feet above grade.
e.
An otherwise authorized sign shall be permitted to project over public right-of-way if the sign meets all the following requirements:
i.
The sign is attached to the face of a building where the building face is located within five feet of the property line abutting a street.
ii.
No external cross braces, guy wires, trusses, or similar bracing systems are used in constructing the sign.
iii.
The sign extends no more than 18 inches from the building's face and shall be no less than eight feet above the ground under the projecting sign.
iv.
The sign does not project above the roof line or parapet wall, whichever is higher.
v.
Projecting signs shall conform to all provisions of this section which are designed to provide safe minimum clearance along public sidewalks and streets. The setback of the outer edge of the projecting sign must be a minimum of two feet from the curbline.
vi.
Spacing between an earlier erected and any later erected projecting sign shall be a minimum of 20 feet.
5.
Changing Image Signs or Electronic Message Signs. Changing image signs or electronic message signs permitted under this chapter shall comply with the following standards and all other applicable requirements under this code or other applicable law:
a.
The sign is constructed, established, operated, or otherwise functioning in such a way that the message or display changes no more frequently than every two seconds, and the actual copy change shall be accomplished in four seconds or less. Once changed, the copy shall remain static until the next change.
b.
The changing image sign may not be more than 40 square feet, whether the changing image is stand alone or a part of a more comprehensive sign.
c.
The changing image sign must be constructed, established, and operated so that its illumination is limited to what is necessary for visibility only. Under no circumstances shall the brightness exceed 5,000 nits or equivalent candelas during daylight hours, or 1,000 nits or equivalent candelas between dusk and dawn. If a sign is found to be overly luminous, the city administrator may require it to be adjusted or removed.
d.
The permittee shall submit written certification from the manufacturer stating that the sign's light intensity has been preset in the factory and does not exceed the specified brightness thresholds. The certification must also confirm that the intensity level is secured against adjustment by the end user, either through password-protected software or another method acceptable to the building official.
e.
No other flashing light is permitted on the same side of a sign containing a changing image sign.
f.
Displays may travel horizontally or scroll vertically onto electronic message signs, but must hold in a static position after completing the travel or scroll.
g.
Electronic message signs requiring more than four seconds to change from one copy to another shall be turned off during the change interval.
h.
Sign copy shall not appear to flash, undulate, or pulse, or portray explosions, fireworks, flashes of lights, or blinking or chasing lights. Copy shall not appear to move toward or away from the viewer, expand or contract, bounce, rotate, spin, twist, or otherwise portray graphics or animation as it moves onto, is displayed on, or leaves the sign face.
i.
For shopping centers and business complexes, one single- or double-faced changing image sign or electronic message sign per site may be incorporated into a pole, monument, or ground sign; the sign area of the electronic message portion of the sign shall not exceed 50 percent of the total sign face, not to exceed the maximum allowable square footage of a changing image/electronic message sign of 40 square feet.
j.
Changing image or electronic message signs located within 150 feet of any residence or residential district, as measured from any part of the sign to the nearest boundary of a property used or zoned residential, are subject to the following additional requirements:
i.
Between the hours of 7:00 a.m. and 10:00 p.m., the signs may operate in accordance with the provisions outlined above.
ii.
Between the hours of 10:00 p.m. and 7:00 a.m., the sign may only display static images with a hold time of no less than three seconds, with instantaneous transitions from one static frame to another static frame, without the use of any frame entrance, exit or hold effects or the use of any animation or background animation.
6.
Freestanding Signs.
a.
No part of a freestanding sign shall be erected or maintained within three feet of a street front property line, or within five feet of a side lot line, unless the application for the permit has been reviewed by the fire marshal and the fire marshal has determined that the location of the sign does not interfere with adequate fire access to any property.
b.
No part of a freestanding sign shall project or extend into any public right-of-way.
c.
Except as provided in this subsection, no freestanding sign shall project or extend into any vision clearance area. One or two sign poles supporting a freestanding sign may be located within the vision clearance area if they are necessary for the support of the sign, and if no other portion of the sign is located within the vision clearance area between two feet and 10 feet over grade.
d.
A freestanding sign shall be directly supported by poles or foundation supports in or upon the ground. No external cross braces, guy wires, "T" frames, "A" frames, "trusses," or similar bracing systems shall be used to buttress, balance, or support a freestanding sign.
e.
Only one freestanding sign is allowed for each street frontage.
f.
A minimum of nine feet clearance is required in areas accessible to vehicles. The lowest point of these signs may be less than nine feet above grade in areas not accessible to vehicles when the signs are protected from physical damage by the installation of bumper poles or other ground protections.
g.
Freestanding signs permitted in a commercial, industrial or public-open space district shall not be located closer than 50 linear feet from the property line of any single-family residential or multifamily residential property as measured along the street frontage.
D.
Illumination. The illumination of signs within the commercial, industrial and public-open space districts shall meet the standards contained in RRMC § 17.85.150.
Table 17.85.120 Commercial, Industrial and Public-Open Space Sign Regulations1,2,3,4 | |||||
|---|---|---|---|---|---|
Type Of Sign | Number | Height | Maximum Area2,3 | Location1 | Duration |
Changing Image Signs or Electronic Message Signs: *Signs shall conform to the additional regulations in subsections (C)(5)(a) through (C)(5)(j) of this section. *The sign is constructed, established, operated, or otherwise functioning in such a way that the message or display changes no more frequently than every two seconds, and the actual copy change shall be accomplished in four seconds or less. Once changed, the copy shall remain static until the next change. | For shopping centers and business complexes, one single- or double-faced changing image sign or electronic message sign per site may be incorporated into a pole, monument, or ground sign. | No more than 40 square feet, whether the changing image is stand alone or a part of a more comprehensive or aggregate sign. The sign area of the electronic message portion the sign shall not exceed 50 percent of the total sign face, not to exceed the maximum allowable square footage of a changing image/electronic message sign of 40 square feet. | No other flashing light is permitted on the same side of a sign containing a changing image sign. | Changing image or electronic message signs located within 150 feet of any residence or residential district, as measured from any part of the sign to the nearest of boundary of a property used or zoned residential, are subject to the additional requirements in subsections (C)(5)(j)(i) and (C)(5)(j)(ii) of this section. | |
Freestanding signs: A sign wholly supported by integral pole(s), post(s), or other structure or frame, the primary purpose of which is to support the sign and connect it to the ground. Examples include monument signs and pole signs. A freestanding sign does not include a portable sign. *Freestanding signs permitted in a commercial, industrial or public-open space district shall not be located closer than 50 linear feet from the property line of any single-family residential or multifamily residential property as measured along the street frontage. **For freestanding signs, "grade" means the average level of the ground measured five feet from either end of the base of the sign, parallel to the sign face. For signs mounted on buildings, "grade" means the average level of the sidewalk, alley or ground below the mounted sign measured five feet from either end of the sign face. | Only one freestanding sign is allowed for each street frontage. | A minimum of nine feet in clearance is required in areas accessible to vehicles. The lowest point of these signs may be less than nine feet above grade in areas not accessible to vehicles when the signs are protected from physical damage by the installation of bumper poles or other ground protections. | No part of a freestanding sign shall be erected or maintained within three feet of a street front property line, or within five feet of a side lot line, unless the application for the permit has been reviewed by the fire marshal and the fire marshal has determined that the location of the sign does not interfere with adequate fire access to any property. No part of a freestanding sign shall project or extend into any public right-of-way. | ||
Marquee or Awning Signs: A sign which is painted on, attached to, or supported by a marquee, awning, or canopy. *Awning signs are permitted only as an integral part of the awning to which they are attached or applied. | A maximum of two signs shall be permitted for each business frontage in lieu of wall signs. | The supporting structure shall maintain a clearance of 8.5 feet. Signs shall have a maximum face height of nine inches if placed below the marquee, and the lowest portion of any sign must be at least eight feet above grade. | Awning signs shall not exceed 12 percent of the building elevation area with a maximum sign face area of 60 square feet. Where the use has multiple frontages, the signage on secondary frontages shall not exceed eight percent of the building elevation area, with a maximum sign face area of 50 square feet. | An awning shall not extend to within two feet from the curb. An awning shall not project above the roof line. The awning sign shall extend no more than eight feet from the building's face. Signs may not project beyond the face of the marquee if suspended, or above the face of the marquee if attached to and parallel to the face of the marquee. | |
Monument and Ground- Mounted Signs: A sign erected on a freestanding frame, mast or pole and not attached to any building. | One per business. | Determined by the city administrator with consideration given to location and area. Shall not exceed 40 feet in height. | The lowest portion of a ground sign, if within a pedestrian traffic area, shall not be less than eight feet above grade. | ||
Projecting Signs/Roof Signs: A sign, other than a wall sign, that projects from, and is supported by or attached to, a roof or wall of a building or structure. | One sign shall be permitted for each business or group of businesses occupying a single common space or suite in lieu of a wall sign. | No roof sign shall exceed 40 feet in height from grade and shall be at a minimum of eight feet above grade. | Except for marquee or awning signs, a projecting sign shall not exceed an area of one square foot for each two feet of lineal business frontage that is not already utilized by a wall sign. The maximum area of any projecting sign shall be 20 square feet. | Signs may be projected from the face of the building to which they are attached a maximum of 18 inches if located eight feet above grade. | |
Projecting Signs (Over the Public Right-of-Way): A sign, other than a wall sign, that projects from, and is supported by or attached to, a roof or wall of a building or structure. | One sign shall be permitted for each business or group of businesses occupying a single common space or suite in lieu of a wall sign. | No more than 18 inches from the building's face and shall be no less than eight feet above the ground under the projecting sign. The sign shall not project above the roof line or parapet wall, whichever is higher. | The sign is attached to the face of a building where the building face is located within five feet of the property line abutting a street. The setback of the outer edge of the projecting sign must be a minimum of two feet from the curbline. Spacing between an earlier erected and any later erected projecting sign shall be a minimum of 20 feet. | ||
Suspended Signs: A sign suspended from the underside of a canopy, awning, eave, or marquee. | One suspended sign for each principal use. | A minimum of eight feet of clearance. | Six square feet. | Erected on property which is not considered public right-of-way, under an attached first floor awning or canopy upon a building with direct exterior pedestrian access. | |
Wall Signs: A sign that is painted on a wall of a building, or a sign attached to the wall of a building and extending no more than 12 inches from a wall, or attached to or erected against a roof with a slope not more than 20 degrees from vertical, with the exposed face of the sign in a plane that is vertical or parallel to the plane of that roof, and which does not project more than 18 inches from the wall or roof. Window signs that are permanently attached to the outside of a window are wall signs. *No external braces, guy wires, "A" frames, or similar bracing systems shall be used in constructing a wall sign. | No more than two wall signs for each business frontage except by application and approval of the city administrator. | May not project above the roof line, or top of the parapet wall, whichever is higher. The height of a wall sign attached to the end or face of a marquee shall not exceed 30 inches. The lower edge of the sign shall not extend below the marquee. | Wall signs on mansard roofs of 30 degrees or less may be installed vertically if solid background is used. | May project a maximum of 18 inches from the face of the building to which they are attached, provided the lowest portion of the sign is at least eight feet above grade. A wall sign located on an alley frontage shall have 15 feet of clearance. Wall signs shall be placed within the sign band. | |
1 All signs shall be sited in accordance with RRMC § 17.65.040. |
2 The number and use of signs allowed by virtue of a given business street frontage shall be placed only upon such business street frontage, and no business shall be allowed more than two signs for each business frontage except by application and approval of the city administrator or his or her designee. |
3 The total area of any sign shall not exceed 60 square feet. |
4 The illumination of signs within the commercial, industrial and public-open space districts shall meet the standards contained in RRMC § 17.85.150. |
(Ord. 25-440-O § 1)
The following shall be used in measuring a sign to determine compliance with this chapter:
A.
Sign Area.
1.
Sign area shall be measured within lines drawn between the outermost dimensions of the frame or cabinet surrounding the display area containing the sign copy. When signs are not framed or on a base material and are inscribed, painted, printed, projected or otherwise placed upon, or attached to a building, canopy, awning or part thereof, the sign area is the smallest possible space enclosing the sign copy that can be constructed with straight lines. Where a sign is of a three-dimensional, round, or irregular solid shape, the largest cross-section shall be used in a flat projection for the purpose of determining sign area.
2.
The area of all signs in existence at the time of enactment of the ordinance codified in this chapter, whether conforming or nonconforming, shall be counted in establishing the permitted sign area.
3.
When signs are constructed in multiple separate pieces containing sign copy, sign face area is determined by a perimeter drawn in straight lines, as small as possible, around all pieces.
Table 17.85.130(A)  |
B.
Height.
1.
Height of sign above grade is measured from the average level of the grade below the sign to the topmost point of the sign including the supporting structure.
2.
Where there is a limitation on the size of lettering, the lettering shall be measured cumulatively in height. See graphic below.
Table 17.85.130(B) Method of Measuring Height of Lettering for Cornice Signs  |
C.
Clearance. Clearance is measured from the average grade below the sign to the lowermost point of the sign.
D.
Spacing.
1.
For the purpose of applying spacing requirements to signs, distances shall be measured parallel to the centerline of the adjacent street or highway.
2.
The sign or sign location under consideration shall be included as one sign.
3.
A back-to-back sign is counted as a single sign for the purpose of spacing distances.
(Ord. 25-440-O § 1)
A.
All permanent signs shall be constructed and erected in accordance with the requirements of the state building code.
B.
All illuminated signs must be installed by a state-licensed sign contractor, subject to the requirements of the state electrical code. All electrically illuminated signs shall be listed, labeled, and tested by a testing agency recognized by the state of Oregon.
C.
Building and electrical permits shall be the responsibility of the applicant. Prior to obtaining building and electrical permits, the applicant shall obtain a sign permit or demonstrate an exception from the permit requirements of this chapter.
D.
All signs, together with all of their supports, braces, guys, and anchors, shall be kept in good repair and be maintained in a safe condition. All signs and the site upon which they are located shall be maintained in a neat, clean, and attractive condition. Signs shall be kept free from excessive rust, corrosion, peeling paint or other surface deterioration. The display surfaces of all signs shall be kept neatly painted or posted. All letters, figures, and other message elements shall be safely secured to the sign structure. Signs which are faded, torn, damaged or otherwise unsightly or in a state of disrepair shall be immediately repaired or removed.
E.
No sign shall be erected or maintained in such a manner that any portion of its surface or supports will interfere in any way with the free use of any fire escape, exit, or standpipe. No signs shall be erected or maintained so as to obstruct any building opening to such an extent that light or ventilation is reduced below minimums required by any applicable law or provisions of this code.
(Ord. 25-440-O § 1)
A.
No sign, light, lamp, bulb, tube, or device shall be used or displayed in violation of this section.
B.
Regardless of the maximum wattages or milliampere rating capacities allowable under subsection (E) of this section, no light source shall create an unduly distracting or hazardous condition to a motorist, pedestrian or the general public. Lighted signs shall be placed, shielded or deflected so as not to shine into residential dwelling units or structures, or impair the road vision of the driver of any vehicle.
C.
External light sources for a sign shall be directed and shielded to limit direct illumination of any object other than the sign.
D.
Except for holiday seasonal decorations, temporary signs shall not be illuminated.
E.
The illumination of signs shall comply with the following standards:
1.
No exposed reflective type of bulb, par spot nor incandescent lamp, which incandescent lamp exceeds 25 watts, shall be exposed to direct view from a public street or highway, but may be used for indirect light illumination of the display surface of a sign.
2.
When neon tubing is employed on the exterior or interior of a sign, the capacity of such tubing shall not exceed 300 milliamperes rating for white tubing nor 100 milliamperes rating for any colored tubing.
3.
When fluorescent tubes are used for interior illumination of a sign, such illumination shall not exceed:
a.
Within residential districts, illumination equivalent to 400 milliampere rating tubing behind a sign face with tubes spaced at least seven inches, center to center;
b.
Within commercial, industrial and public-open space districts, illumination equivalent to 800 milliampere rating tubing behind a sign face spaced at least nine inches, center to center.
(Ord. 25-440-O § 1)
A sign permit and fee will be required except under certain circumstances. If a sign is for a new development that requires development review under Rogue River zoning/development, then the sign shall be reviewed as part of the development review process prior to approval of a sign permit.
A.
A sign permit will be required under the following instances:
B.
An application for a sign permit shall be made on a form prescribed by the city administrator and shall be filed with the city. The application shall be filed by the owner of the sign or a representative of the sign's owner. A separate sign permit application is required for each sign, unless a combined application for all signs in a proposed development is proposed. The application shall include information required by the city administrator and the following:
1.
A sketch of the site, drawn to scale, showing the approximate location of existing structures, existing signs, and the proposed sign;
2.
Building frontage elevations drawn to scale, showing the sign's relative location and placement;
3.
An illustration of the proposed sign, drawn to scale, showing the design, elevations, sign face dimensions and area, materials and engineering data which demonstrates its structural stability. The illustration of the proposed sign need not show the sign message, but shall show the size, style, and design of the lettering, numbers, and graphics conveying any message;
4.
The names and addresses of the applicant, the owner of the property on which the sign is to be located, the manufacturer of the sign and the person installing the sign, and the construction contractor's board number of the installer. The owner of the property on which the sign is to be located shall sign the sign permit application;
5.
A fee in the amount set forth in the resolution by the city council. When a person begins construction of a sign requiring a sign permit before the permit is approved, the permit fee shall be doubled.
C.
When deemed necessary by the building official, building or electrical permits shall be obtained as a part of the sign permit process. When required by RRMC § 17.85.110(B)(2)(d) and § 17.85.120(C)(6), the approval of the fire marshal shall be obtained.
D.
An application for a sign permit shall be processed as a Type I (ministerial) procedure. A Type I decision is made without public notice and without public hearing.
E.
Ministerial Decision Requirements. The city administrator's decision shall address all of the approval criteria. Based on the criteria and the facts contained within the record, the city administrator shall approve or deny the requested permit or action. A written record of the decision shall be provided to the applicant and kept on file at City Hall.
F.
Effective Date. A Type I ministerial decision is effective on the day after the appeal period expires. If an appeal is filed, the decision is effective when the appeal is decided. Further appeal of a Type I ministerial appeal decision must be filed within 21 calendar days of the planning commission's written decision with the State Land Use Board of Appeals.
G.
Permit Expiration.
1.
Every permit issued by the building official, under the provisions of this title and the technical codes, shall expire by limitation and become null and void 180 days from the date of such permit issuance if the building or work authorized by such permit is not commenced, or pursuant to any time limits designated by conditions of approval, or after the building or work authorized by such permit is suspended or abandoned for 180 consecutive days at any time after the work is commenced. The work shall not be considered suspended or abandoned where the permittee has pursued activities deemed by the building official to indicate the intent to start and complete the project. The building official may require the permittee to document these activities.
2.
Any permittee holding an unexpired permit may apply to the building official for an extension of the time within which work is to be completed under that permit when the permittee is unable to complete work within the time required by this section for good and satisfactory reasons. The building official may extend the time for action by the permittee for a period not exceeding 180 days on written request by the permittee showing that circumstances beyond the control of the permittee have prevented work from being completed. No permit shall be extended more than once, unless expressly authorized by the building official.
3.
Where a permit has expired, the permit may be reinstated and the work authorized by the original permit can be recommenced, provided the original permit expired less than one year from the request to reinstate.
4.
The fee for a reinstated permit shall be one-half the amount required for a new permit plus any costs incurred as a result of investigations. Where the request for reinstatement does not comply with the preceding criteria, a new permit, at full permit fees and review, shall be required.
H.
If the sign does not conform to the building code after inspection, the sign will be subject to removal under RRMC § 17.85.200.
I.
The city administrator may revoke a sign permit if he/she finds that there was a material and misleading false statement of fact in the permit application.
(Ord. 25-440-O § 1)
A.
Where practical difficulties, unnecessary hardships and results inconsistent with the general purposes of this title may result from the strict application of certain provisions thereof, a class A variance may be granted as provided in this chapter. This chapter may not be used to allow a use that is not in conformity with the uses specified by this title for the zone in which the land is located. In granting a variance, the city may impose conditions similar to those provided for conditional uses to protect the best interests of the surrounding property, the neighborhood or the city as a whole.
1.
Class A. A class A variance is decided by the city administrator or his or her designee, in accordance with Type I procedure per RRMC § 17.10.070(D), requiring no public notice or public hearing. Class A variances are limited to:
2.
Class B. A class B variance involves limited discretion made by the city administrator or his or her designee, in accordance to Type II procedure per RRMC § 17.10.070(E), requiring public notice and an opportunity for a public hearing if appealed. Examples of class B variances include requests to vary from the code standards for:
a.
Maximum or minimum yard setbacks to avoid or reduce impacts to floodplains, significant trees, wetlands, or other natural features;
B.
Approval Criteria. The city shall approve, approve with conditions, or deny an application for a variance based on its applicable class and its ability to satisfy the relevant set of following criteria:
1.
Class A and Class B Variance Criteria.
a.
The class A or B variance allows for a building plan that is more compatible with adjacent land uses, or it does not create a conflict with adjacent uses;
b.
The class A or B variance is necessary to allow for normal interior building functions, such as mechanical equipment/utility closets, heating and ventilation systems, restrooms, stockrooms, shelving, and similar interior building functions;
c.
Approval of the class A or B variance does not create (a) violation(s) of any other adopted ordinance or code standard, and does not create the need for a variance;
d.
An application for a class A or B variance is limited to one lot per application;
e.
Request for more than one class A or B variance on the same lot shall be consolidated on one application and reviewed concurrently by the city;
f.
Not more than three adjustments may be approved for one lot or parcel in a continuous 12-month period; and
g.
All applicable building code requirements and engineering design standards shall be met.
(Ord. 25-440-O § 1)
A.
Any decision made by the city administrator or his or her designee may be appealed to the city council in writing within seven calendar days of the decision. The appeal must be from the person or business which was the subject of the decision.
B.
If no appeal is received within the seven-day period, the decision of the city administrator or his or her designee will be final.
C.
The city council shall hold a public hearing on an appeal within 30 days from the date the appeal is filed. The city council may continue the hearing for good cause.
D.
Following the hearing the city council may uphold, overrule or modify the decision of the city administrator or his or her designee. The decision of the city council shall be final and have immediate effect.
(Ord. 25-440-O § 1)
A.
If a building permit is required, the building official shall perform a sign inspection upon notification by the permittee that the construction is ready for inspection. Failure of the permittee to notify the building official of the progress of construction for inspection purposes shall result in the revocation of the sign permit. A final inspection of a sign shall be made upon completion of all construction work and prior to its illumination.
B.
All signs may be inspected or reinspected at the discretion of the building official. The building official may inspect footings for monument, ground-mounted or freestanding signs. The building official may enter at reasonable time upon the premises of any person licensed under the provisions of this chapter for the purposes of inspection of signs under construction.
(Ord. 25-440-O § 1)
A.
If the decisions made by the city administrator or his or her designee, city council or municipal court are not complied with, the sign(s) may be removed by the public works department or other qualified person at the owner's expense.
B.
Any sign that creates a hazard, causes a public nuisance or is offensive or unsightly may be removed through the nuisance abatement procedures as outlined in Chapter 8.05 RRMC, Nuisances. The city may remove any sign installed or placed on public rights-of-way or on city property in violation of this chapter. The city shall have the right to recover from the owner or person placing such a sign all costs of removal and disposal of a sign removed under this section, in addition to other remedies within this chapter.
C.
In addition to any other provisions contained herein, the city administrator is authorized to undertake such action as the city administrator deems necessary and convenient to carry out the provisions of this sign code, as is permitted by law.
D.
Nothing contained herein shall preclude the issuance of citations for civil violations of this chapter, either prior to, concurrently with, or after action is commenced to declare a sign to be unlawful or to remove an unlawful sign.
E.
The city administrator may promulgate reasonable rules and regulations necessary to carry out the provisions of this chapter.
(Ord. 25-440-O § 1)
A.
The city administrator or his or her designee will review all complaints regarding signs. Review will include on-site inspection and be completed within 15 days of the city administrator receipt of said complaint.
B.
If it is determined that a possible violation exists, the city administrator shall direct the city recorder to issue a notice to the owner of the property and/or business. This notice will:
1.
List the nature of the violation, and the action necessary to bring the sign into compliance.
2.
Advise the owner that the violation must be corrected within 15 calendar days from receipt of the notice, which will be served by certified mail.
3.
Advise that an appeal may be filed with the city council within seven calendar days from receipt of the notice.
4.
Indicate the public works department as an addressee.
C.
If no appeal is received and the corrections are not made within the 15-day period, the determination made by the city administrator or his or her designee will be final. If it becomes necessary, a summons to appear in municipal court will be served to the owner or person in charge of the property.
(Ord. 25-440-O § 1)
A.
A minimum of double the regular fee shall be charged for signs erected without a permit. Signs erected prior to obtaining a permit from the city administrator or his or her designee may be allowed to remain if said sign(s) comply with this chapter and are approved by the city administrator or his or her designee.
B.
The municipal court is empowered to hear and determine violations of this chapter.
C.
In addition to any other penalty of law, the municipal court may issue a judgment necessary to ensure cessation of the violation, including but not limited to injunctive order and/or monetary penalty.
D.
Any person who places a sign on property in violation of this chapter shall be punishable by a fine not to exceed $100.00. Such a person, firm or corporation shall be in violation of this chapter and each day shall be treated as a separate offense until compliance with a court order has been obtained.
(Ord. 25-440-O § 1)