Title 17 DEVELOPMENT CODE
Chapter 17.80 SIGNS
17.80.010 Purpose.
17.80.020 Definitions.
17.80.030 General provisions.
17.80.040 Signs allowed.
17.80.050 Signs prohibited.
17.80.060 Signs in noncommercial zones.
17.80.070 Review procedures in noncommercial zones.
17.80.080 Signs in commercial and industrial zones.
17.80.090 Signs in commercial and industrial zones--Appearance.
17.80.100 Signs in commercial and industrial zones--Size.
17.80.110 Signs in commercial and industrial zones--Design review requirements.
17.80.120 Signs in commercial and industrial zones--Permit application.
17.80.130 Sign in commercial and industrial zones--Review procedure.
17.80.140 Nonconforming signs.
17.80.150 Variances--Signs.
17.80.160 Unlawful sign removal.
17.80.170 Conditional uses.
17.80.010 Purpose.
A. The purpose of these sign regulations is to provide equitable signage
rights, promote traffic and pedestrian safety, and increase the economic
viability of the city, by classifying and regulating the location, size, type
and number of signs, in a content-neutral manner.
B. Within the
commercial areas, the city recognizes the need for businesses and organizations
to inform the public about their location and their services. It also recognizes
that a sign is a relative low cost form of business advertising.
C. The
city recognizes that the citizens of Carlton want to retain their unique
small-town quality. One method of preserving the look of a small town is by
controlling the number, size and type of signs allowed within the commercial
district and to provide design guidelines that benefit the citizens and the
businesses in improving the visual quality of the community. (Ord. 647 § 1
(Exh. A)(part), 2006: Ord. 619, 2003)
17.80.020 Definitions.
See Signs, Section 17.12.020.
(Ord. 647 § 1 (Exh. A)(part),
2006: Ord. 619, 2003)
17.80.030 General provisions.
A. Conflicting Standards. Signs shall be allowed subject to the provisions
of this chapter, except when these provisions conflict with the specific
standards for signs in the subject district.
B. Signs Subject to State
Approval. Off-premise advertising signs visible to the traveling public from
state highways are further subject to the regulations and permit requirements of
the State of Oregon, Department of Transportation.
C. Uniform Sign Code.
All signs shall comply with the provisions of the Uniform Sign Code of the
Uniform Building Code.
D. Sign Clearances. A minimum of eight feet above
sidewalks and fifteen (15) feet above driveways shall be provided under all free
standing or wall mounted signs. (Ord. 647 § 1 (Exh. A)(part), 2006: Ord.
619, 2003)
17.80.040 Signs allowed.
The following signs and sign work are allowed outright in all zones. These
signs shall not require a permit, and shall not be included when determining
compliance with total allowed area:
A. Re-painting, changes to the sign
face or copy and maintenance of signs legally existing on the effective date of
the ordinance codified in this chapter.
B. Temporary
Signs.
1. Real estate signs not exceeding six square feet that advertise
the sale, rental, or lease of premises upon which the sign is located. Real
estate signs may be used up to two years without a permit. Only one real estate
sign per lot may be displayed at any time.
2. Political signs shall not
exceed six square feet. Political signs may be used up to sixty (60) days prior
to an election but shall be removed not later than seven days following the date
of the election.
3. Portable signs and other temporary signs that do not
exceed six square feet in area. No lot may display temporary signs for more than
ninety (90) days in any three hundred sixty-five (365)-day period. Only one
temporary sign per lot may be displayed at a time.
4. Balloons or
similar types of tethered objects for a period not to exceed two
weeks.
C. Signs posted by or under governmental authority including
legal notices, traffic, danger, no trespassing, emergency and signs related to
public services or safety.
D. Directional or informational signs bearing
no advertising message and not exceeding four square feet in area erected for
the convenience of the public such as signs identifying restrooms, public
telephones, walkways and similar features or facilities.
E. Flags on
permanent flagpoles that are designed to allow raising and lowering of the
flags.
F. Signs within a building.
G. In a commercial or
industrial zone, signs painted or hung on the inside of
windows.
H. Residential name plates: shall not exceed two square feet.
Only one such sign shall be permitted upon the premises and may only be
indirectly illuminated.
I. Memorial signs or tablets and names of
buildings and dates of erection when cut into or attached to the surface or
façade of the building.
J. Signs placed by a public utility
showing the location of underground facilities.
K. Government Signs.
Signs posted by or under governmental authority including legal notices,
traffic, danger, no trespassing, emergency and signs related to public services
or safety.
L. Building or freestanding signs that display or reflect the
history or character of Carlton, as approved by the city council, after
recommendation by the planning commission. (Ord. 647 § 1 (Exh. A)(part),
2006: Ord. 619, 2003)
17.80.050 Signs prohibited.
The following signs are prohibited in all zones:
A. Portable signs
within the public right-of-way, except for sidewalk or sandwich board signs that
comply with Section 17.80.080(D).
B. Signs that emit odor, visible
matter, or sound, however an intercom system for customers remaining in their
vehicles, such as used in banks and “drive thru” restaurants, shall
be allowed.
C. Signs that use or employ side guy lines of any
type.
D. Signs that obstruct any fire escape, required exit, window or
door opening used as a means of egress.
E. Signs closer than twenty-four
(24) inches horizontally or vertically from any overhead power line or public
utility guy wire.
F. No vehicle or trailer shall be parked on a public
right-of-way or public property, or on private property so as to be visible from
a public right-of-way which has attached thereto or located thereon any sign or
advertising device for the basic purpose of providing advertisement of products
or directing people to a business or activity located on the same or nearby
premises. This provision applies where the primary purpose of a vehicle is for
advertising purposes and is not intended to prohibit any form of vehicular sign,
such as a sign attached to a motor vehicle which is primarily used for business
purposes, other than advertising.
G. Rotating/revolving signs, except by
conditional use permit.
H. Flashing signs.
I. Private signs that
project into public right-of-ways, except signs under a canopy that project over
a public sidewalk where the sign is not less than eight feet above the
sidewalk.
J. Signs that obstruct required vision clearance area as
defined in Section 17.92.080 or obstruct a vehicle driver’s view of
official traffic control signs and approaching or merging traffic, or which
present a traffic hazard.
K. Signs that interfere with, imitate, or
resemble any official traffic control sign, signal or device, emergency lights,
or appears to direct traffic, such as a beacon light.
L. Signs attached
to any pole, post, utility pole, or otherwise placed in the public
right-of-way.
M. Signs or sign structures placed on or over private
property without the written consent of the owner or agent
thereof.
N. Pennants, banner signs and streamers except in a commercial
zone, with prior approval of the city manager for a period of display not to
exceed thirty (30) days.
O. Billboard signs.
P. Roof signs,
except by variance.
Q. Signs attached to trees, shrubs, stones or
fences.
R. Bench signs, except as a conditional use, or those
designating donor(s).
S. Any sign on unimproved property unless allowed
as a real estate or temporary sign.
T. Any illegible sign or sign that
has twenty-five (25) percent or more of its surface destroyed, defaced or
missing.
U. Message signs, except by conditional use
permit.
(Ord. 647 § 1 (Exh. A)(part), 2006: Ord. 619,
2003)
17.80.060 Signs in noncommercial zones.
The following regulations apply to signs in the AH, SR, MH, MX, and MR
zones:
A. Maximum Number. Any combination of signs not exceeding the
sign area and height limitations of this section; plus signs allowed in Section
17.80.040.
B. Maximum total sign area for property on which the building
or buildings are located:
1. Single-family and two-family (duplex)
dwelling: six square feet;
2. Multiple family dwelling: twenty-four (24)
square feet;
3. Public and semi-public: thirty-two (32) square
feet.
C. Maximum sign height of freestanding signs: six
feet.
D. Location of freestanding signs: where fences are
allowed.
E. Illumination. Signs may only be indirectly illuminated by a
concealed light source, and shall not flash, blink, fluctuate or produce glare.
(Ord. 647 § 1 (Exh. A)(part), 2006: Ord. 619, 2003)
17.80.070 Review procedures in noncommercial zones.
A. Permit Required. No property owner, lessee or contractor shall
construct or alter any sign without first obtaining a valid sign
permit.
B. Current Signs. Owners of conforming or nonconforming signs
existing as of the date of adoption of this title are not required to obtain a
permit.
C. Permit Fees. Permit fees may be established by city council
resolution.
D. Application Requirements.
1. An application for a
sign permit shall be made on a form prescribed by the city manager. The
application shall include, at a minimum, a sketch drawn to scale indicating the
proposed sign and identifying existing signs on the premises, the sign’s
location, graphic design, structural and mechanical design and engineering data
which ensures its structural stability. The application shall also contain the
names and address of the sign company, person authorizing erection of the sign
and the owner of the subject property.
2. The city manager shall issue a
permit for a sign unless the sign does not comply with the provisions of these
regulations or other provisions of this title. Sign permits mistakenly issued in
violation of these regulations or other provisions of this title are void. The
city manager may revoke a sign permit if he or she finds that there was a
material and misleading false statement of fact in the application for the
permit.
E. Design, Construction, and Maintenance. All signs shall be
designed, constructed, and maintained according to the following
standards:
1. All signs shall comply with the applicable provisions of
Uniform Building Code in effect at the time of the sign permit application and
all other applicable structural, electrical and other regulations. The issuance
of a sign permit under these regulations does not relieve the applicant of
complying with all other permit requirements;
2. All signs shall be
maintained in a good structural condition at all times;
3. The owner
shall be responsible for its erection and maintenance and its compliance with
the provisions of these regulations or other laws or ordinances regulating
signs. (Ord. 647 § 1 (Exh. A)(part), 2006: Ord. 619, 2003)
17.80.080 Signs in commercial and industrial zones.
All signs in the CB, CI and IG zones shall conform to Sections 17.80.020
through 17.80.050 and the following standards:
A. Signs or sign
structures located in commercial and industrial zones which are within
seventy-five (75) feet of a residentially zone property shall be set back so as
to meet the side and front yard setback requirements of the adjoining
residential district.
B. Accessory temporary signs are permitted
provided such signs are securely affixed to the surface of a building wall or
window, and must have the date of initial posting clearly written on the face of
the sign. Such signs, including but not limited to sale signs and special
product announcements, must be removed not later than ten (10) days after
initial posting. Such signs shall not exceed the permitted ratio of sign area,
including temporary signs, to building face area.
C. Historical signs
that are an integral part of a building design, or signs with a cultural
significance to the community, as determined by the planning commission, may be
exempted from the standards for signs.
D. Sidewalk signs or sandwich
boards shall be professional in appearance with a maximum height of thirty-six
(36) inches and a maximum width of twenty-four (24) inches in width. The total
sign area shall not exceed six square feet per side. Signs must be removed at
the close of each business day. One sandwich board sign per business is
permitted. For off-premise sandwich board signs, the sign shall not be placed
within a public right-of-way and the business must obtain the permission of the
property owner where the sign will be placed prior to
placement.
E. On-premise sidewalk and sandwich board signs shall only be
allowed within an adjacent public right-of-way when they can be placed so that a
minimum clear width of thirty-six (36) inches within the right-of-way is
available for pedestrians immediately adjacent to the sign. Adjacent private
property may be used to provide the thirty-six (36) inch clear width area when
approved by the city manager.
F. Suspended signs that are suspended from
the underside of a horizontal plane surface and is supported by that surface,
shall have a maximum area of three square feet and shall not project more than
thirty (30) inches from the face of the building. (Ord. 661 § 1 (Exh.
A)(part), 2007: Ord. 647 § 1 (Exh. A)(part), 2006: Ord. 619,
2003)
17.80.090 Signs in commercial and industrial zones--Appearance.
Signs shall be constructed of wood, brick, tile, masonry, synthetic
materials, glass, wrought iron, or metal. Signs shall be constructed of
materials consistent with the age, appearance and purpose of the buildings
adjacent to the sign. The design shall reflect and be consistent with the
appearance, design, architecture and historical character of adjacent buildings
and uses. Fluorescent or unusually bright colors shall not be permitted. (Ord.
647 § 1 (Exh. A)(part), 2006: Ord. 619, 2003)
17.80.100 Signs in commercial and industrial zones--Size.
A. Businesses with Two or More Street Frontages.
1. Land abutting
more than one street shall be allowed its quota of signs on each of the streets,
and up to ten (10) percent of the permitted quota on any street may be deducted
there from and added to the other street frontage.
2. Where a business
located on a corner erects an attached sign designated to be read from both
intersecting public streets, the total aggregate area of such sign shall not
exceed one-half that which would be allowed for separate signs fronting on the
intersecting public streets.
3. Where a business located on a corner is
allowed a monument sign, it may have one such sign designed to be read from both
intersecting public streets, or two such freestanding signs, provided that each
sign is designed to be read from only one of the intersecting
streets.
B. Area.
1. Wall signs shall not exceed ten (10)
percent of the building face facing a street. For purposes of the area, the
height of the lower level or story or twenty (20) feet, whichever is larger,
shall be multiplied by the building frontage. Height of lettering cannot exceed
twenty-four (24) inches.
2. Awning signs shall not exceed ten (10)
percent of the awning area. For purposes of calculating the awning area, the
height shall be multiplied by the width of the awning.
3. Projecting
signs shall not exceed five percent of the building face facing a street. For
purposes of calculating the area, the height of the lower level or story, or
twenty (20) feet, whichever is less, shall be multiplied by the building
frontage. Height of lettering cannot exceed eight inches.
4. Roof signs
are not permitted except by variance.
5. Freestanding signs: one square
foot of sign area for each linear foot of property frontage upon a city street
or a total of fifty (50) square feet for each street frontage, whichever is
lesser.
C. Height. Not more than four feet above the eave line provided
the maximum height above the ground line shall not exceed twenty (20)
feet.
D. Location. Attached to the building, except such signs shall not
be roof signs.
(Ord. 647 § 1 (Exh. A)(part), 2006: Ord. 619,
2003)
17.80.110 Signs in commercial and industrial zones--Design review requirements.
All signs permitted within the commercial or industrial zones of the city
shall conform with the following design review criteria, unless otherwise
provided for in this title:
A. Signs must be compatible in design and
color with the architectural and historical qualities of Carlton and with the
buildings with which they are associated.
B. Signs illuminated by
spotlights or indirect lighting shall be lighted in such a manner that glare
from the light source is not visible to pedestrian or vehicle
traffic.
C. Directory signs (wall, projecting, and freestanding), and
the individual signs comprising a directory sign shall be uniform or consistent
in size, shape, and design. Individual signs in a directory sign may be added,
moved, or substituted with signs for new businesses or uses without going
through the design review process, provided that the design is consistent and
the provisions of the original permit are met. (Ord. 647 § 1 (Exh.
A)(part), 2006: Ord. 619, 2003)
17.80.120 Signs in commercial and industrial zones--Permit application.
A. Permit Required. No property owner, lessee or contractor shall
construct, alter or relocate any sign without first obtaining a valid sign
permit.
B. Current Signs. Owners of conforming or nonconforming signs
existing as of the date of adoption of this title are not required to obtain a
permit.
C. Permit Fees. Permit fees may be established from time to time
by city council resolution.
D. Application Requirements. An application
for a sign permit shall be made on a form prescribed by the city manager. The
application shall include the following information:
1. The names and
addresses of the sign company, person authorizing erection of the sign and the
owner of the subject property;
2. The location by street address of the
proposed sign;
3. A drawing suitable for folding for file storage,
accurately colored and to scale showing the details of the sign, including all
mounting structures and devices, materials from which constructed, lighting, and
the name of the proposed lettering style, along with detailed illustration of
the sign face;
4. An accurate scaled site plan, showing the location of
building(s), street(s) and other existing sign(s);
5. In the case of
wall and projecting signs, an accurate scaled drawing of all building faces to
be signed, including the scaled outlines of all existing a proposed
signs.
E. Design, Construction, and Maintenance. All signs shall be
designed, constructed, and maintained according to the following
standards:
1. All signs shall comply with the applicable provisions of
Uniform Building Code in effect at the time of the sign permit application and
all other applicable structural, electrical and other regulations. The issuance
of a sign permit under these regulations does not relieve the applicant of
complying with all other permit requirements;
2. All signs shall be
maintained in a good structural condition at all times;
3. The owner
shall be responsible for its erection and maintenance and its compliance with
the provisions of these regulations or other laws regulating signs. (Ord. 647
§ 1 (Exh. A)(part), 2006: Ord. 619, 2003)
17.80.130 Sign in commercial and industrial zones--Review procedure.
A. All signs requiring a permit shall be reviewed by the city staff. staff
shall consider the design, lettering, arrangement, size, texture, materials,
colors, lighting, placement, and appropriateness of the proposed sign in
relation to other signs and other structures on the premises and contiguous area
in keeping with the intent of this title. city staff shall recommend approval,
modification or denial of the permit to the planning commission.
B. In
the event the permit is modified or denied by the planning commission, the
applicant may appeal to the city council by giving written notice of the appeal
to the city recorder no later than ten (10) days following the modification or
denial of the sign permit application by the planning commission. The city
council shall hear the matter at its next regularly scheduled meeting. The
planning commission shall furnish to the city council its findings and
conclusions with respect to the permit. The city council may modify or deny the
permit. (Ord. 647 § 1 (Exh. A)(part), 2006: Ord. 619, 2003)
17.80.140 Nonconforming signs.
To ease the economic impact of this title on persons with substantial
investments in signs in existence on the date of adoption of this title,
nonconforming signs may be continued provided they are maintained in good
repair, subject to the following provisions. All signs erected after thirty (30)
days following adoption of this title must be approved prior to installation.
All signs must be in conformance with the provisions of this Chapter 17.80
within ten (10) years of adoption of the ordinance codified in this
title.
A. Loss of Nonconforming Status. A nonconforming sign shall
immediately lose its nonconforming status if:
1. The sign is altered in
any way in structure or copy, which tends to be or makes the sign less in
compliance with the requirements of this chapter than it was before the
alteration;
2. The sign is relocated to a position making it less in
compliance with the requirements of this chapter;
3. The sign is
replaced;
4. Signs not maintained in good repair, any illegible sign or
sign that has twenty-five (25) percent or more of its surface destroyed,
defaced, missing or inaccurately represents the name or nature of the current
business.
In such events the city manager shall notify the sign user,
sign owner, or owner of the property upon which the sign is located of
cancellation of the signs nonconforming status and the sign shall be removed or
a new sign permit secured.
B. Damaged Nonconforming Sign Faces. When a
nonconforming sign is damaged or destroyed by fire, flood, wind, or other
calamity, such sign face may be restored to its original condition provided such
work is completed within thirty (30) days of such calamity. A sign structure or
support mechanisms so damaged shall not be replaced except in conformance with
the provisions of these regulations.
C. Abandoned Signs. All signs and
sign structures for a business shall be removed within thirty (30) days after
that business ceases to operate on a regular basis. Abandoned signs that are not
removed may be removed by the city following notice to the property owner. The
property owner will be assessed the cost of sign removal if the owner fails to
remove the abandoned sign and the city exercises its authority under this
provision. (Ord. 647 § 1 (Exh. A)(part), 2006: Ord. 619, 2003)
17.80.150 Variances--Signs.
Any allowance for signs not complying with the standards set forth in
these regulations shall be by variance. Variances to this chapter will be
processed according to the procedures in Chapter 17.148; however, the criteria
in Chapter 17.148 shall not be used, but instead the following criteria shall be
used to review and decide sign variance applications:
A. There are
unique circumstances or conditions of the lot, building or traffic pattern such
that the existing sign regulations create an undue hardship;
B. The
requested variance is consistent with the purpose of this chapter as stated in
Section 17.80.010;
C. The granting of the variance compensates for those
circumstances in a manner equitable with other property owners and is thus not a
special privilege to any other business. The variance requested shall be the
minimum necessary to compensate for those conditions and achieve the purpose of
this chapter;
D. The granting of the variance shall not decrease
pedestrian or traffic safety; and
E. The variance request shall not be
the result of a self-imposed condition or hardship.
(Ord. 647 § 1
(Exh. A)(part), 2006: Ord. 619, 2003)
17.80.160 Unlawful sign removal.
A. Any unlawful sign that has not been removed within thirty (30) days
after notification of the property owner may be removed by the city and the
costs charged to the property owner. If removal costs have not been paid and the
sign reclaimed within thirty (30) days of its removal by the city, the city is
entitled to file a lien against the property on which the sign was located to
secure payment of such costs and expenses of removal by the city. The city may
sell or otherwise dispose of the sign so removed and apply the proceeds towards
the cost of removal.
B. Signs which are found upon public streets,
sidewalks, rights-of-way, or other public property, or which present an
immediate and serious danger to the public may be removed without prior notice.
(Ord. 647 § 1 (Exh. A)(part), 2006: Ord. 619, 2003)
17.80.170 Conditional uses.
A. Procedures. Applications for conditional use permits for
rotating/revolving signs or message signs shall be processed according to the
procedure set forth in Chapter 17.156 of this title. The criteria to be reviewed
and applied in conditional use permit proceedings are set forth in this section,
and the criteria of Chapter 17.152 shall not be applied.
B. Decision
Criteria. The following criteria shall be used to review and decide conditional
use permit applications for rotating/revolving, and message
signs:
1. The proposed sign is located in the CB, CI, or IG
zones;
2. The proposed sign, when conditioned, will not significantly
increase or lead to street level sign clutter, or to signs adversely dominating
the visual image of the area;
3. The proposed sign, as conditioned, will
not adversely impact the surrounding area to a significant
degree;
4. The proposed sign will not present a traffic or safety
hazard;
5. If the application is for a message sign, no rotary beacon
lights, zip lights, strobe lights, or similar devices shall be allowed. No
chaser effect or other flashing effect consisting of external lights, lamps,
bulbs or neon tubes are allowed;
6. If the application is for a
rotating/revolving sign, such sign cannot flash or be illuminated by
intermittent light. Rotating/revolving signs shall revolve at a speed no greater
than five revolutions per minute;
7. The total allowed sign area for a
business shall be reduced by twenty-five (25) percent if the business has a
rotating/revolving or message sign;
8. The proposed sign will comply
with all other regulations, including, but not limited to height and placement
restrictions. (Ord. 647 § 1 (Exh. A)(part), 2006)
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