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HomeMy WebLinkAboutAgenda Item - 2001-10-16 - Number 7.4 - 7.4 CITY OF LAKE OSWEGO 10/16/01 AGENDA REPORT SUMMARY MEETING DATE: October 16, 2001 SUBJECT: ORDINANCE No. 2310. AN ORDINANCE OF THE CITY OF LAKE OSWEGO AMENDING LOC CHAPTER 47 (SIGN CODE) OF THE CITY OF LAKE OSWEGO CODE TO ALLOW TEMPORARY SIGNS IN THE PUBLIC RIGHT- OF-WAY AT SPECIFIED TIMES. RECOMMENDED MOTION: Moved to adopt Ordinance No. 2310. An ordinance of the City of Lake Oswego amending LOC Chapter 47 (Sign Code) of the City Of Lake Oswego Code to allow temporary signs in the public right-of-way at specified times. ESTIMATED FISCAL ATTACHMENTS: NOTICED (Date): IMPACT: September 7, 2001 • Council Report dated October 9, 2001 Ordinance no.: 2310 • Exhibit A - Excerpt from STAFF COST: $ formal Ordinance 2310 Resolution no.: • Exhibit B- Formal BUDGETED: Ordinance 2310 per Y N 10/2/01 discussion Previous Council • Exhibit C - Excerpt from consideration: September 4 and Councilor Graham's October 2, 2001 FUNDING SOURCE: proposal • Exhibit D — Formal Ordinance 2310— Councilor Graham's proposal r t6,, /71 CITY ATTORNEY • CITY NAGER signoff/date signoff/date M:\Ord\Rpt-Cov-Ord2310.doc `,Sy of LAKE ossve City Attorney's Office it Count Report OREGo$ To: Judie Hammerstad, Mayor Members of Lake Oswego City Council Doug Schmitz, City Manager From: David D. Powell, City Attorney 41' Date: October 9, 2001 Subject: Proposed Ordinance No. 2310 Temporary Portable Signs in the Public Right-of-Way BACKGROUND The Lake Oswego Code currently forbids temporary signs in the public right-of-way. Although it may vary in individual circumstances, the right-of-way typically extends beyond the improved roadway and usually includes the curb, parking strip and sidewalk. Local realtors have asked the City Council to consider amending the Sign Code to allow temporary signs in the right-of-way under criteria similar to those in a recently adopted City of Portland ordinance. DISCUSSION Proposed Ordinance No 2310 (relevant language attached as Exhibit "A," formal ordinance attached as Exhibit "B") amends the Sign Code to allow temporary signs in the public right-of way. The proposed ordinance is similar to Portland's ordinance in the following particulars: • Only "portable signs" (signs that are easily moved and not affixed to the ground or a structure) are permitted. It is expected that most signs placed under this ordinance will be "A-frame" types. • Signs are allowed only on Tuesdays and on weekends. • Signs can be no more than 4 square feet in area, no wider than 2.5 feet and no taller than 2 feet. • Signs are not allowed in medians, traffic islands, on approaches to curb ramps, or at corners of intersections. • Signs may not obstruct access from sidewalks to transit stops, disabled parking spaces or building exits. Council Report October 9, 2001 Ord. No. 2310 Right-of-Way Signs Page 2 • Signs may not be anchored to trees, public property, the ground or the pavement. • Signs may not be in parking spaces, pedestrian pathways or bicycle paths. • Consent of the abutting property owner is not required for a sign to be placed in a parking strip or other location in the public right-of-way. The proposed Lake Oswego ordinance differs from Portland's ordinance in the following ways: • The right-of-way signs would be allowed only in residential zones. • Signs would be prohibited on any sidewalk. • Signs may not obstruct a continuous through pedestrian zone of at least five feet in width. • Signs would be allowed only between 9 a.m. and 3 p.m. on Tuesdays (realtor open house days), and between 10 a.m. and 6 p.m. on Saturdays and Sundays. The Portland ordinance allows signs throughout the weekend from 6 p.m. Friday until 8 p.m. Sunday (in addition to Tuesday between 6 a.m. and 1 p.m.). Based upon the Council's discussion at the October 2, 2001 Information Session, the proposed ordinance was edited as follows: • The "sunset clause", which would have repealed the ordinance after one year, was deleted. • The requirement that signs be at least two feet behind the curb was deleted. • The width of the protected "through pedestrian zone" was changed from six feet to five feet. The City cannot constitutionally regulate the content of signs. Therefore the messages on temporary right-of-way signs allowed by the proposed ordinance could not be limited to real estate sales. Signs containing any kind of message - commercial, political, religious, personal, etc. - would be allowed in the right of way as long as the signs meet the time, dimension and location requirements of the ordinance. COUNCILOR GRAHAM'S PROPOSAL Councilor Graham has asked that the City Council consider a number of changes to the proposed ordinance. These changes are detailed on Exhibit C (new material in bold type, deleted material shown by st+keth rough.) The formal ordinance reflecting this proposal is attached as Exhibit D. Councilor Graham's suggested changes include the following: • Right of way signs would also be allowed on Fridays. • On Friday, Saturday and Sunday, signs could be placed as early as 8 a.m. (The preceding proposal allows signs no earlier than 10 a.m. on Saturday and Sunday). • The restriction on signs at corners would be deleted. • Signs could be up to 30 inches tall (rather than 24 inches). For traffic safety reasons, the City's Zoning Code prohibits signs within the "vision clearance triangle" at intersections if the sign is more than 30 inches above the height of the centerline of Council Report October 9, 2001 Ord. No. 2310 Right-of-Way Signs Page 3 the adjacent pavement. Since Councilor Graham's proposal allows signs at corners, and increases the allowed height of signs to 30 inches (the sidewalk may be higher than the centerline of the pavement), a cross-reference to the vision-clearance ordinance has been added. Under the vision-clearance ordinance, signs more than 30 inches above the pavement height (rather than the sidewalk height) must be at least 60 feet away from the corner at uncontrolled intersections. At controlled intersections such signs may be closer, if the distance is based upon a traffic study meeting certain criteria. Since realtors are unlikely to commission a traffic study simply to place a sign, the 60-foot rule will need to be observed for taller signs. CONCLUSION After receiving public testimony and deliberating, the Council has the following options: 1. Adopt proposed Ordinance No. 2310 allowing right-of-way signs (Exhibit B); 2. Adopt Councilor Graham's proposed version of Ordinance No. 2310 (Exhibit D); 3. Direct staff to make additional changes to the proposed ordinance and return it to the Council for consideration; or 4. Decline to change the sign code at this time. EXHIBIT A ORDINANCE NO. 2310 PER DISCUSSION AT 10-2-01 INFORMATION SESSION 47.08.300 Temporary Signs Exempt From Permit and Fee * * * B. Allowed Signage * * * 3. In any residential zone portable signs, as defined in LOC 47.03.015, shall be allowed within the public right-of-way on Tuesdays between the hours of nine (9) a.m. and three (3) p.m., on Saturdays between the hours of ten (10) a.m. and six (6) p.m., and on Sundays between the hours of ten (10) a.m. and six (6) p.m., provided that they meet all of the following standards: a. The sign is not placed on any sidewalk. b. The sign is entirely outside the roadway and any shoulder; c. The sign is not placed in a median, traffic island, or other area within the roadway; d. The sign is no larger than 4 square feet in area, counting one side of the sign, and the sign face is no wider than 2.5 feet; e. The sign, including the support structure, is no taller than 24 inches; f. The sign is entirely outside of the area of a right-of-way corner that is between the curb and the lines created by extending the property lines to the curb face. See Table 47-3. g. The sign is entirely outside the area of a right-of-way corner that is between the lines created by extending the edges of any curb ramp to the property line; h. Where no curb exists, the sign must be placed outside the roadway at least five feet from the edge of the roadway. i. The sign does not obstruct a continuous through pedestrian zone of at least five feet in width; EXHIBIT Exhibit A—Ord 2310 Page 1 of 2 O► Y )3iv j. The sign does not obstruct pedestrian and wheelchair access from the sidewalk to any of the following: (1) transit stop areas; (2) designated disabled parking spaces;or (3) building exits including fire escapes. k. The sign is not attached or anchored in any way to trees or to public property including without limitation utility or light poles, parking meters, the ground or the pavement; 1. The sign is not placed in parking spaces, pedestrian pathways, or bicycle paths. M:\Ord\2 310-Sign-ROW-Ex-B.doc • • • Exhibit A—Ord 2310 Page 2 of 2 ORDINANCE No. 2310 AN ORDINANCE OF THE CITY OF LAKE OSWEGO AMENDING LOC CHAPTER 47 (SIGN CODE) OF THE CITY OF LAKE OSWEGO CODE TO ALLOW TEMPORARY SIGNS IN THE PUBLIC RIGHT-OF-WAY AT SPECIFIED TIMES The City of Lake Oswego ordains as follows: The Lake Oswego Code is hereby amended by deleting the text shown by st eelft and adding the new text shown in redline and underline. Section 1. Section 47.03.030 is hereby amended to read as follows 47.03.030 Area of Signs. Sign area includes the area within a perimeter enclosing the limits of lettering, writing, representation, emblem, figure, character and lighted surface, but excluding essential sign structure, foundations or supports. Exeept, as,pro ded.in LOC. 47.08300..(BX3)(d), 'Ffor a multiple-face (more than two sided) sign, the sign area shall be the total of all faces. If the sign consists of more than one section or module, all areas will be totaled. For a double-faced sign in a single cabinet, the allowed area shall be the dimension of the cabinet, not the total of the area of message. See TABLES 47-1 and 47-2. (Ord. No. 1921, Sec. 7; 07-02-85. Ord. No. 2085, Enacted, 01/04/94) Section 2. Section 47.03.015 is hereby amended to read as follows 47.03.015 Definitions. For the purpose of this chapter certain terms and words are defined as follows: the words "used for" include "designed for" and vice-versa; words used in the present tense include the future, the singular tense include the plural and vice-versa; the word "shall" is always mandatory; the word "may" is discretionary; the masculine gender includes the feminine gender, except as otherwise provided. The definitions in LOC 48.02.015, and 49.16.015 apply to this chapter to the extent that they do not conflict. The following terms shall mean: Abandoned Sign. A sign associated with the use of a property which has ceased for a period of at least six months. Accessory Signs. Signage which is an integral part of outdoor accessory or display structures or uses allowed by City code. Alter. Any change to a sign excluding change of copy or maintenance - when there is no change of use, or occupancy or ownership. Architectural Detail. Elements of building design commonly used in Lake Oswego building styles, including the Arts and Crafts, English Tudor and the Oregon Rustic Styles. (See photos and descriptions in Lake Oswego Development Standards (LODS) Chapter 23, Appendix C). Awning. A shelter supported entirely from the exterior wall of a building and composed of nonrigid materials except for supporting framework. Backlighting, "backlighted", and "backlit". Includes cabinet signs, "Channelhume" (plastic lighted letters), neon lighted letters, and individual letters on awnings and canopies. Balloon Signs. A sign consisting of a membrane that relies on internal gaseous pressure or a Ordinance No. 2310 EXHIBIT Page 1 of 7 B semirigid framework for maintaining its form. Banners. Nonrigid material secured or mounted so as to allow movement caused by the wind. Blade Sign. A sign hung from a canopy or awning perpendicular to the direction of pedestrian movement. Canopy. A nonmovable roof-like structure attached to a building. Change of Copy. The change of logo and/or message upon the face or faces of a legal sign. Commercial Zones. Commercial Zones shall mean the CR&D, EC, GC, HC, MC, NC, OC/R-2.5, OC, OC/NC and R-2.5/W zones as described and established in the Lake Oswego Zoning Code. Complex Sign. A sign which is located at a street intersection or principle access to a multi- building complex. Cornice. The horizontal element in the elevation of a building demarcating the difference between the pedestrian oriented level on street (characterized by entrances, shops, service space, loading areas and lobbies) and office/residential use on levels above. Erect. To build, construct, attach, place, suspend, or affix, including the painting of a wall sign. Facing or Surface. The surface of a sign upon, against, or through which the message is displayed or illustrated. Free Standing Sign. Any ground mounted, pole or monument sign supported by one or more uprights or braces placed upon the ground, and not attached to any building. Frontage Business. A business that has building wall exposure to a street or area open to public travel. Frontage may include streets, alleys, driveways, easements, or parking aisles. Indirectly Lighted Sign. A sign with a source of illumination which is intended to light the sign, but which is not attached to the sign, its trim or support. Interior or exterior lighting which incidentally illuminates the sign is not considered indirect lighting. Industrial Zones. Industrial Zones shall mean the I and IP zones as described and established by the Lake Oswego Zoning Code. Maintenance. The replacing or repairing of a part or portion of a sign made unusable by ordinary wear, or damaged beyond the control of the owner or the replacing of existing copy without changing the composition or color of the copy. Monument Sign. A sign which is affixed to a base which is no more than 30 inches above the nearest ground surface. Non-conforming Sign. Non-conforming signs are those signs which were lawfully installed which do not comply with the requirements of this sign code. Overhanging Sign. A sign which is attached perpendicular to a building wall and hangs out over the public right-of-way or any private area subject to pedestrian travel. Pennants. Strings of small flags. Permanent Sign. Any legally placed sign which is intended to be and is so constructed as to be of a lasting and enduring condition, remaining unchanged in character, condition (beyond normal wear) and position, and in a permanent manner affixed to the ground, wall or building. Pole Sign. A free standing sign erected on one or more supports which are more than 30 inches above the adjacent ground surface. Portable Sign. A temporary sign which is capable of being moved easily and is not pew affixed to the ground or a structure. Public Sign. A sign erected and maintained by a public agency within the right-of-way of a Ordinance No. 2310 Page 2 of 7 . street or alley. Residential Zones. Residential Zones shall mean the R-0, R-2, R-2.5, R-3, R-5, R-6, R-7.5, R-10, R-15, DD and WR zones as described and established by the Lake Oswego Zoning Code. Roof Line. The ridge on a gable or peaked roof, the parapet or fascia of a flat roof. A mansard roof is considered as a gable roof for the purpose of this definition. Roof Sign. Any sign erected upon or over the roof of any building with the principal sign support on the roof structure. Sign. A device, structure, or fixture which incorporates graphics, symbols, or written copy visible to the public, including those devices, structures or fixtures which are behind windows or building openings, which are intended to communicate information. Graphics, art work and seasonal decorations which do not relate to the use of a site or structure are not considered signs. Sign Band. A continuous painted, attached or structurally internal linear area for the placement of signs extending along one or more sides of a structure located between the windows and the parapet on a one story building with a flat roof and at or below the fascia on a one story building with a pitched roof. On a multistory building it shall be located above the windows and below the second story line. Sign Height. The vertical distance from the lowest point of the adjacent grade below the sign to the highest part of the sign. Temporary Sign. Any sign, banner, pennant, valance or advertising display constructed of cloth, canvas, light fabric, cardboard, wallboard or other like materials, with or without frames, and any other type sign not permanently attached to the ground, or a structure, intended to be displayed for a short period of time only. Wall Sign. A sign attached to, erected against or painted on a wall of a structure, with the exposed face of the sign projecting twelve (12) inches or less, with the exception of awnings and canopies which may project more than twelve (12) inches. Sign bands are not wall signs. Window signs that are permanently attached to the outside of a window are wall signs. Wind Sign. Signage which is an integral part of a device intended to more or operate by the action of the wind such as a wind sock or pin wheel. (Ord. No. 1921, Sec. 3; 07-02-85. Ord. No. 2085, Enacted, 01/04/94) Section 3. Section 47.04.115 is hereby amended to read as follows 47.04.115 Prohibited Signs. 1. No sign, unless exempt or allowed pursuant to this chapter shall be permitted except as may be permitted pursuant to LOC 47.12.500 (Variances). 2. No sign or sign structure shall be allowed that is 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 any 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. . 3. In a commercial or industrial zone no sign shall be placed inside or outside a structure so as to obscure more than 25 percent of any individual window surface. In a residential zone no sign shall be placed so as to obscure more than 10 percent of any individual window surface. Glass doors shall be considered an individual window surface. 4. No permanent sign, other than a public sign, may be placed within or over any portion of the public right-of-way, except those signs which are consistent with the provisions of this • Ordinance No. 2310 Page 3 of 7 chapter and which are legally installed in accordance with LOC Chapter 45 (Buildings). 5. No sign shall be allowed within 2 feet of any area subject to vehicular travel. 6. xgepic ;pro'id d,:it W; `. 8:FM '(31r#to temporary sign, orttr4thattexcept for banner signs for which a permit has been issued under LOC 47.08.305 and those necessary for temporary traffic control that comply with LOC 47.08.300(A)(2)(b) shall be placed within or over any portion of the public right-of-way of a major collector or arterial street. 7. No sign shall be located in a manner which cpuld impede travel on any pedestrian or vehicular travel surface. 8. No temporary signs, bench signs, banners, pennants, wind signs, balloon signs, flags or any other temporary sign structure shall be allowed as except specifically authorized by this Chapter. 9. No sign shall be equipped or displayed with moving, flashing or intermittent illumination except athletic scoreboards. 10. No sign shall have or consist of any moving, rotating, or otherwise animated part. 11. No signs on buildings shall be placed on the roof or extend above the roof line or parapet of the structure. 12. No sign shall be attached to a tree or vegetation. 13. No non-public sign which purports to be, is an imitation of, or resembles an official traffic sign or signal, or which attempts to direct the movement of traffic on the street, or which hides from view any official traffic sign or signal shall be permitted. 14. No public address system or sound devices shall be used in conjunction with any sign or advertising device. 15. No signs that are internally illuminated shall be permitted in any residential zone. 16. No sign that obstructs free and clear vision of the traveling public at the intersection of any street or driveway shall be permitted. (Ord. No. 1921, Sec. 15; 07-02-85. Ord. No. 2085, Enacted, 01/04/94) Section 4. Section 47.08.300 is hereby amended to read as follows 47.08.300 Temporary Signs Exempt From Permit and Fee. The following signs shall comply with all provisions and regulations of this chapter; however, no fee, permit or application is required. Temporary signs are prohibited signs except as provided by this section. A. Generally. • 1. Illumination: No temporary sign shall be internally or externally illuminated. 2. Location: a. Except as provided fhis see Ale temporary sign shall extend into or over the public right-of-way of any street. b. Signs allowed in the right-of-way for temporary traffic control shall provide a minimum of 5 feet of clear passage for pedestrians on the sidewalk where a sidewalk exists and shall come no closer than 2 feet from areas subject to vehicular travel. c. No temporary sign shall extend into the vision clearance area. 3. Maintenance: Temporary signs shall be kept neat, clean and in good repair. Signs which are faded, torn, damaged or otherwise unsightly or in a state of disrepair shall be immediately repaired or removed. 4. Placement: Except as provided by this section, temporary signs shall not be attached Ordinance No. 2310 Page 4 of 7 to trees, shrubbery, utility poles, or traffic control signs or devices. They shall not obstruct or obscure primary signs on adjacent premises. 5. Sign Collection and Retrieval: a. The City may collect temporary signs placed in the public right of way without a permit. b. Each sign collected will be stored for a minimum of 30 days. c. Notice will be mailed within 3 business days of the date of collection to the owner of each sign if the ownership is reasonably discernible from the sign or as previously filed by the owner of the sign with the City Maintenance Department. d. The owner of a sign may retrieve a sign collected by the City within 30 days of the collection date. The owner must present proof of ownership of the sign and pay a sign retrieval fee in an amount established by resolution of the City Council. e. The owner of a sign may request a hearing before a Hearing Examiner to contest the sign removal. The City Manager shall designate the Hearings Examiner. To request a hearing, the owner of a sign must file an application for a hearing and pay a hearing fee in an amount established by resolution of the City Council within 15 days of the date of mailing of the notice as provided in subsection (c) above. The hearing fee and the sign retrieval fee are refunded if the Hearing Examiner finds that the sign was removed improperly. At the hearing, testimony and evidence begins with the City, followed by the owner, and concludes with rebuttal by the City. After the evidence has been provided, the Hearing Examiner will close testimony and issue a written decision that states the facts of the case and the conclusions of the decision. f. Final Decision. The decision of the Hearing Examiner shall be the final decision of the City. B. Allowed Signage. 1. In any residential zone temporary signage shall be allowed for each and every lot. This signage shall not be restricted by content, but is usually and customarily used to advertise real estate sales, political or ideological positions, garage sales, home construction or remodeling, etc. Signage shall be allowed for each lot as follows: a. Temporary signs not exceeding six square feet, provided the signs are erected not more than 90 days prior to an election and removed within five days following the election. b. One temporary sign not exceeding six square feet provided the sign is removed within fifteen days from the sale, lease or rental of the property or within seven days of completion of any construction or remodeling. An additional sign of the same size may be erected if the property borders a second street and the signs are not visible simultaneously. On tracts of land of more than 2 acres in residential zones the sign area may be increased to 32 square feet. In no case shall the sign or signs be erected for more than twelve (12) months. c. One temporary sign not exceeding four square feet in area which is erected for a maximum of eight days in any calendar month and is removed by sunset on any day it is erected. d. Temporary signs erected within a building which do not obstruct more than 10 percent of any individual window surface. 2. In any commercial or industrial zone temporary signage shall be allowed for each and every lot. This signage shall not be restricted by content, but is usually and customarily used to advertise real estate signs, political or ideological positions, construction or remodeling, etc. The signage shall be allowed for each lot as follows: a. Temporary signs not exceeding six square feet, provided the signs are erected not more than 90 days prior to an election and removed within five days following the election. Ordinance No. 2310 • Page 5 of 7 b. Temporary sign not exceeding 32 square feet provided said signs are removed within fifteen days from the sale, lease or rental of the property or within seven days of completion of any construction or remodeling. An additional sign of the same size may be erected if the property borders a second street and the signs are not visible simultaneously. c. Temporary non-illuminated signs not exceeding 16 square feet for charitable fund- raising events placed by nonprofit and charitable organizations. Such signs shall not be placed more than seven days prior to the event and must be removed within two days following the event. No more than three such events shall be advertised in this manner per lot per year. d. Temporary signs not exceeding 16 square feet in area erected in association with the temporary uses allowed by LOC 48.20.510, including Christmas tree sales, pushcart vendors, Saturday market and sidewalk sales. These provisions shall also apply to fireworks sales authorized by LOC Chapter 15 (Fire Protection). The signage shall be allowed for the same duration as the temporary use. e. Temporary signs erected within a building which do not obstruct more than 25 percent of any individual window surface. -woni th3i,n, n e.p.any ri. ce.,sIdg ent-tioafl w0aey 0,06ables r rb. , ballowed onTuedaybetwete.theours et9)` n and.three3p.in.. Saturday etv en th eho oftoz ( ) a.r i"d'siam.(6 p.m.'ano Sundayetween the hours of ten (1,0)a.m.;andWsix(6)p . prods-e that:th meet all I e_following standards: ,si Ttie sr ,Is riot pX"aced,-0 °ari °sidek outsideh c adwa_`,a:, `'ari ,.shoulder; c. :The sign,is not lac t a°median traffic 1�nd, r er area,witlhi i th i adwa ; ;d 'Tktetgn`tso larger thanqun aawIrting,ranee of.;the. iganii;the , P sign face4l no w<ler han feet: e., The sign,tncludin th ;su port s ictiure,.Is ;t le h %3O,inches r The sign i ;entire y outs de i t _ ea° o aright=of=_way °corz that is between: the curb and the.lines created by'e tending the ropert, l ees o the curb face. 'See T. BL 47-3. Where no curb exists'1__the si muis� �e," laced utside the Y roadway at,least ve feet _ t� from'th'erredge iif he roadway. , h.6,The sign does tot bstrruct a-cpntinuous through pedesitrian,zone'of=atlea t;five feet;in width; obstruct,pedestrian and wheelchair'acces :from the.'sidewalk to''-any of the following: p,, translt�stfl,„areas ),€esi ated di°s bled arkin ; ces;or _ - (3 ';bpi d%n a i'ts'tn 1udiiii re eseMs: The si o„ P p y inclu° ng without limitation uGt lit or lght po rl ng mete s tl e groan or the pavement; k= `lie i is of pla to puff paces,W: •elan path .or l is cle�paths. (Ord. No. 2085, Enacted, 01/04/94) Section 5. Severability. The provisions of this ordinance are severable. If any portion of this ordinance is for any reason held to be invalid, such decision shall not affect the validity of the remaining portions of this ordinance. ' /// Ordinance No. 2310 Page 6 of 7 Read by title and enacted at the regular meeting of the City Council of the City of Lake Oswego held on day of , 2001. AYES: NOES: ABSENT: ABSTAIN: Judie Hammerstad, Mayor Dated: ATTEST: Robyn Christie, City Recorder AP ROVED AS TO xitia David D. Powell, City Attorney M:\Ord\2310-Sign-ROW-100901.doc Ordinance No. 2310 Page 7 of 7 TABLE 47-3 (LOC 47.08.300) CD Property Line 1 t Portable Signs not allowed in this area Curb Line Street EXHIBIT C ORDINANCE NO. 2310 COUNCILOR GRAHAM'S PROPOSAL (Showing Changes from 10-2-01 Information Session Version) 47.08.300 Temporary Signs Exempt From Permit and Fee * * * B. Allowed Signage * * * 3. In any residential zone portable signs, as defined in LOC 47.03.015, shall be allowed within the public right-of-way on Tuesdays between the hours of nine (9) a.m. and three (3) p.m., and on Fridays, Saturdays and Sundays between the hours of ten (10) eight (8) a.m. and six (6) p.m., and on Sundays between the hours of ten (10) a.m. and six (6) p.m., provided that they meet all of the following standards: a. The sign is not placed on any sidewalk. b. The sign is entirely outside the roadway and any shoulder; c. The sign is not placed in a median, traffic island, or other area within the roadway; d. The sign is no larger than 4 square feet in area, counting one side of the sign, and the sign face is no wider than 2.5 feet; e. The sign, including the support structure, is no taller than 24 30 inches; f. The sign is entirely outside of the area of a right of way corner that is between the curb and the lines created by extending the property lines to the curb face. See Table /17 3. g f. The sign is entirely outside the area of a right-of-way corner that is between the lines created by extending the edges of any curb ramp to the property line; h g. Where no curb exists, the sign must be placed outside the roadway at least five feet from the edge of the roadway. }h. The sign does not obstruct a continuous through pedestrian zone of at least five feet in width; EXHIBIT Exhibit C -Ordinance 2310 l Page 1 of 2 bra t a i. The sign does not obstruct pedestrian and wheelchair access from the sidewalk to any of the following: (1) transit stop areas; (2) designated disabled parking spaces;or (3) building exits including fire escapes. k j. The sign is not attached or anchored in any way to trees or to public property including without limitation utility or light poles, parking meters, the ground or the pavement; 1 k. The sign is not placed in parking spaces, pedestrian pathways, or bicycle paths. Cross-Reference Note: See restrictions on signs taller than 30" above the level of the centerline of adjacent pavement within the "vision clearance triangle" at intersections — LOC 48.20.530 M:\Ord\2310-Sign-ROW-Ex-C-Graham.doc Exhibit C - Ordinance 2310 Page 2 of 2 ORDINANCE No. 2310 (Councilor Graham's Proposal) AN ORDINANCE OF THE CITY OF LAKE OSWEGO AMENDING LOC CHAPTER 47 (SIGN CODE) OF THE CITY OF LAKE OSWEGO CODE TO ALLOW TEMPORARY SIGNS IN THE PUBLIC RIGHT-OF-WAY AT SPECIFIED TIMES The City of Lake Oswego ordains as follows: The Lake Oswego Code is hereby amended by deleting the text shown by strikeout and adding the new text shown in redline and underline. Section 1. Section 47.03.030 is hereby amended to read as follows 47.03.030 Area of Signs. Sign area includes the area within a perimeter enclosing the limits of lettering, writing, representation, emblem, figure, character and lighted surface, but excluding essential sign structure, foundations or supports. Except .as provided in LOC 4tOlk300 (B)(3)(d); For a multiple-face (more than two sided) sign, the sign area shall be the total of all faces. If the sign consists of more than one section or module, all areas will be totaled. For a double-faced sign in a single cabinet, the allowed area shall be the dimension of the cabinet, not the total of the area of message. See TABLES 47-1 and 47-2. (Ord. No. 1921, Sec. 7; 07-02-85. Ord. No. 2085, Enacted, 01/04/94) Section 2. Section 47.03.015 is hereby amended to read as follows 47.03.015 Definitions. For the purpose of this chapter certain terms and words are defined as follows: the words "used for" include "designed for" and vice-versa; words used in the present tense include the future, the singular tense include the plural and vice-versa; the word "shall" is always mandatory; the word "may" is discretionary; the masculine gender includes the feminine gender, except as otherwise provided. The definitions in LOC 48.02.015, and 49.16.015 apply to this chapter to the extent that they do not conflict. The following terms shall mean: Abandoned Sign. A sign associated with the use of a property which has ceased for a period of at least six months. Accessory Signs. Signage which is an integral part of outdoor accessory or display structures or uses allowed by City code. Alter. Any change to a sign excluding change of copy or maintenance - when there is no change of use, or occupancy or ownership. Architectural Detail. Elements of building design commonly used in Lake Oswego building styles, including the Arts and Crafts, English Tudor and the Oregon Rustic Styles. (See photos and descriptions in Lake Oswego Development Standards (LODS) Chapter 23, Appendix C). Awning. A shelter supported entirely from the exterior wall of a building and composed of nonrigid materials except for supporting framework. Backlighting, "backlighted", and "backlit". Includes cabinet signs, "Channelhume" (plastic Ordinance No. 2310 EXHIBIT Page 1 of 7 0rd )..310 lighted letters), neon lighted letters, and individual letters on awnings and canopies. Balloon Signs. A sign consisting of a membrane that relies on internal gaseous pressure or a semirigid framework for maintaining its form. Banners. Nonrigid material secured or mounted so as to allow movement caused by the wind. Blade Sign. A sign hung from a canopy or awning perpendicular to the direction of pedestrian movement. Canopy. A nonmovable roof-like structure attached to a building. Change of Copy. The change of logo and/or message upon the face or faces of a legal sign. Commercial Zones. Commercial Zones shall mean the CR&D, EC, GC, HC, MC, NC, OC/R-2.5, OC, OC/NC and R-2.5/W zones as described and established in the Lake Oswego Zoning Code. Complex Sign. A sign which is located at a street intersection or principle access to a multi- building complex. Cornice. The horizontal element in the elevation of a building demarcating the difference between the pedestrian oriented level on•street (characterized by entrances, shops, service space, loading areas and lobbies) and office/residential use on levels above. Erect. To build, construct, attach, place, suspend, or affix, including the painting of a wall sign. Facing or Surface. The surface of a sign upon, against, or through which the message is displayed or illustrated. Free Standing Sign. Any ground mounted, pole or monument sign supported by one or more uprights or braces placed upon the ground, and not attached to any building. Frontage Business. A business that'has building wall exposure to a street or area open to public travel. Frontage may include streets, alleys, driveways, easements, or parking aisles. Indirectly Lighted Sign. A sign with a source of illumination which is intended to light the sign, but which is not attached to the sign, its trim or support. Interior or exterior lighting which incidentally illuminates the sign is not considered indirect lighting. Industrial Zones. Industrial Zones shall mean the I and IP zones as described and established by the Lake Oswego Zoning Code. Maintenance. The replacing or repairing of a part or portion of a sign made unusable by ordinary wear, or damaged beyond the control of the owner or the replacing of existing copy without changing the composition or color of the copy. Monument Sign. A sign which is affixed to a base which is no more than 30 inches above the nearest ground surface. Non-conforming Sign. Non-conforming signs are those signs which were lawfully installed which do not comply with the requirements of this sign code. Overhanging Sign. A sign which is attached perpendicular to a building wall and hangs out over the public right-of-way or any private area subject to pedestrian travel. Pennants. Strings of small flags. Permanent Sign. Any legally placed.sign which is intended to be and is so constructed as to be of a lasting and enduring condition, remaining unchanged in character, condition (beyond normal wear) and position, and in a permanent manner affixed to the ground, wall or building. Pole Sign. A free standing sign erected on one or more supports which are more than 30 inches above the adjacent ground surface. Portable Sign. A temporary sign which is capable of being moved easily and is not Ordinance No. 2310 • Page 2 of 7 • permanently affixed to the ground or a structure. Public Sign. A sign erected and maintained by a public agency within the right-of-way of a street or alley. Residential Zones. Residential Zones shall mean the R-0, R-2, R-2.5, R-3, R-5, R-6, R-7.5, R-10, R-15, DD and WR zones as described and established by the Lake Oswego Zoning Code. Roof Line. The ridge on a gable or peaked roof, the parapet or fascia of a flat roof. A mansard roof is considered as a gable roof for the purpose of this definition. Roof Sign. Any sign erected upon or over the roof of any building with the principal sign support on the roof structure. Sign. A device, structure, or fixture which incorporates graphics, symbols, or written copy visible to the public, including those devices, structures or fixtures which are behind windows or building openings, which are intended to communicate information. Graphics, art work and seasonal decorations which do not relate to the use of a site or structure are not considered signs. Sign Band. A continuous painted, attached or structurally internal linear area for the placement of signs extending along one or more sides of a structure located between the windows and the parapet on a one story building with a flat roof and at or below the fascia on a one story building with a pitched roof. On a multistory building it shall be located above the windows and below the second story line. Sign Height. The vertical distance from the lowest point of the adjacent grade below the sign to the highest part of the sign. Temporary Sign. Any sign, banner, pennant, valance or advertising display constructed of cloth, canvas, light fabric, cardboard, wallboard or other like materials, with or without frames, and any other type sign not permanently attached to the ground, or a structure, intended to be displayed for a short period of time only. Wall Sign. A sign attached to, erected against or painted on a wall of a structure, with the exposed face of the sign projecting twelve (12) inches or less, with the exception of awnings and canopies which may project more than twelve (12) inches. Sign bands are not wall signs. Window signs that are permanently attached to the outside of a window are wall signs. Wind Sign. Signage which is an integral part of a device intended to more or operate by the action of the wind such as a wind sock or pin wheel. (Ord. No. 1921, Sec. 3; 07-02-85. Ord. No. 2085, Enacted, 01/04/94) Section 3. Section 47.04.115 is hereby amended to read as follows 47.04.115 Prohibited Signs. 1. No sign, unless exempt or allowed pursuant to this chapter shall be permitted except as may be permitted pursuant to LOC 47.12.500 (Variances). 2. No sign or sign structure shall be allowed that is 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 any 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. 3. In a commercial or industrial zone no sign shall be placed inside or outside a structure so as to obscure more than 25 percent of any individual window surface. In a residential zone no sign shall be placed so as to obscure more than 10 percent of any individual window surface. Glass doors shall be considered an individual window surface. Ordinance No. 2310 Page 3 of 7 4. No permanent sign, other than a public sign, may be placed within or over any portion of the public right-of-way, except those signs which are consistent with the provisions of this chapter and which are legally installed in accordance with LOC Chapter 45 (Buildings). 5. No sign shall be allowed within 2 feet of any area subject to vehicular travel. 6. Ecc v : ' i t:4 O (B 3 NNao temporary sign, Wait t i°,except for banner signs for which a permit has been issued under LOC 47.08.305 and those necessary for temporary traffic control that comply with LOC 47.08.300(A)(2)(b) shall be placed within or over any portion of the public right-of-way of a major collector or arterial street. 7. No sign shall be located in a manner which could impede travel on any pedestrian or vehicular travel surface. 8. No temporary signs, bench signs, banners, pennants, wind signs, balloon signs, flags or any other temporary sign structure shall be allowed as except specifically authorized by this Chapter. 9. No sign shall be equipped or displayed with moving, flashing or intermittent illumination except athletic scoreboards. 10. No sign shall have or consist of any moving, rotating, or otherwise animated part. 11. No signs on buildings shall be placed on the roof or extend above the roof line or parapet of the structure. 12. No sign shall be attached to a tree or vegetation. 13. No non-public sign which purports to be, is an imitation of, or resembles an official traffic sign or signal, or which attempts to direct the movement of traffic on the street, or which hides from view any official traffic sign or signal shall be permitted. 14. No public address system or sound devices shall be used in conjunction with any sign or advertising device. 15. No signs that are internally illuminated shall be permitted in any residential zone. 16. No sign that obstructs free and clear vision of the traveling public at the intersection of any street or driveway shall be permitted. (Ord. No. 1921, Sec. 15; 07-02-85. Ord. No. 2085,Enacted, 01/04/94) Section 4. Section 47.08.300 is hereby amended to read as follows 47.08.300 Temporary Signs Exempt From Permit and Fee. The following signs shall comply with all provisions and regulations of this chapter; however, no fee, permit or application is required. Temporary signs are prohibited signs except as provided by this section. A. Generally. 1. Illumination: No temporary sign shall be internally or externally illuminated. 2. Location: a. taieis p +-i d his sdi iNno temporary sign shall extend into or over the public right-of-way of any street. b. Signs allowed in the right-of-way for temporary traffic control shall provide a minimum of 5 feet of clear passage for pedestrians on the sidewalk where a sidewalk exists and shall come no closer than 2 feet from areas subject to vehicular travel. c. No temporary sign shall extend into the vision clearance area. 3. Maintenance: Temporary signs shall be kept neat, clean and in good repair. Signs which are faded, torn, damaged or otherwise unsightly or in a state of disrepair shall be Ordinance No. 2310 Page 4 of 7 • immediately repaired or removed. 4. Placement: Except as provided by this section, temporary signs shall not be attached to trees, shrubbery, utility poles, or traffic control signs or devices. They shall not obstruct or obscure primary signs on adjacent premises. 5. Sign Collection and Retrieval: a. The City may collect temporary signs placed in the public right of way without a permit. b. Each sign collected will be stored for a minimum of 30 days. c. Notice will be mailed within 3 business days of the date of collection to the owner of each sign if the ownership is reasonably discernible from the sign or as previously filed by the owner of the sign with the City Maintenance Department. d. The owner of a sign may retrieve a sign collected by the City within 30 days of the collection date. The owner must present proof of ownership of the sign and pay a sign retrieval fee in an amount established by resolution of the City Council. e. The owner of a sign may request a hearing before a Hearing Examiner to contest the sign removal. The City Manager shall designate the Hearings Examiner. To request a hearing, the owner of a sign must file an application for a hearing and pay a hearing fee in an amount established by resolution of the City Council within 15 days of the date of mailing of the notice as provided in subsection (c) above. The hearing fee and the sign retrieval fee are refunded if the Hearing Examiner finds that the sign was removed improperly. At the hearing, testimony and evidence begins with the City, followed by the owner, and concludes with rebuttal by the City. After the evidence has been provided, the Hearing Examiner will close testimony and issue a written decision that states the facts of the case and the conclusions of the decision. f. Final Decision. The decision of the Hearing Examiner shall be the final decision of the City. B. Allowed Signage. 1. In any residential zone temporary signage shall be allowed for each and every lot. This signage shall not be restricted by content, but is usually and customarily used to advertise real estate sales, political or ideological positions, garage sales, home construction or remodeling, etc. Signage shall be allowed for each lot as follows: a. Temporary signs not exceeding six square feet, provided the signs are erected not more than 90 days prior to an election and removed within five days following the election. b. One temporary sign not exceeding six square feet provided the sign is removed within fifteen days from the sale, lease or rental of the property or within seven days of completion of any construction or remodeling. An additional sign of the same size may be erected if the property borders a second street and the signs are not visible simultaneously. On tracts of land of more than 2 acres in residential zones the sign area may be increased to 32 square feet. In no case shall the sign or signs be erected for more than twelve (12) months. c. One temporary sign not exceeding four square feet in area which is erected for a maximum of eight days in any calendar month and is removed by sunset on any day it is erected. d. Temporary signs erected Within a building which do not obstruct more than 10 percent of any individual window surface. 2. In any commercial or industrial zone temporary signage shall be allowed for each and every lot. This signage shall not be restricted by content, but is usually and customarily used to advertise real estate signs, political or ideological positions, construction or remodeling, etc. The signage shall be allowed for each lot as follows: Ordinance No. 2310 • Page 5 of 7 a. Temporary signs not exceeding six square feet, provided the signs are erected not more than 90 days prior to an election and removed within five days following the election. b. Temporary sign not exceeding 32 square feet provided said signs are removed within fifteen days from the sale, lease or rental of the property or within seven days of completion of any construction or remodeling. An additional sign of the same size may be erected if the property borders a second street and the signs are not visible simultaneously. c. Temporary non-illuminated signs not exceeding 16 square feet for charitable fund- raising events placed by nonprofit and charitable organizations. Such signs shall not be placed more than seven days prior to the event and must be removed within two days following the event. No more than three such events shall be advertised in this manner per lot per year. d. Temporary signs not exceeding 16 square feet in area erected in association with the temporary uses allowed by LOC 48.20.510, including Christmas tree sales, pushcart vendors, Saturday market and sidewalk sales. These provisions shall also apply to fireworks sales authorized by LOC Chapter 15 (Fire Protection). The signage shall be allowed for the same duration as the temporary use. e. Temporary signs erected within a building which do not obstruct more than 25 percent of any individual window surface. In anyi resi 4 entlal=zo e;:portable°signs, asiAefined Fin " C 7 .015°`'sh 1rbe allowed ;, .-�-� � tea: , . , within°^t.i r xc r l t a,.,,�on Tuesc 1' ^be the hours-= nine°f n.-and three:( 1 .m t and,ran Fridays, Saturdays! d yd aysbe- eeen the ti ofeht providedtha4thy nA 11cftlef©1gingst lards <: a.^ The sign is riot place �y sid alks Ideo°adwa ; .zid`any shouldett Thersign is not placed in ediar r f is isl d,or a er, Te. area W it the:tea- way;ba4su feet _auntig d. The n side o tl gn and the sin ac ;�E et � a�" . e; The si�ii,includin ,.thesippor # uctuz�;=i �alteaa��thai3 'n�laeti outsideOarea14a-'rig t:cifew� .eorrier7 ate between the lines created:: --exte iding�-the edges o h ciurb ramp'to the, p'erty line Where no Rcurl ex st , he.si; must b aced outside the^r" dwa at least_fie feet g Pico R-.�e;��l rnd ,alb„ 0 °4; 0 1h. The sign does ndf obstruct a continuous=tl ug 'pedestrian one of at least'five-feet in width: .:... .: ..'::::., ...:. .. 3 ..-',;,i:;To-». .:.:.... : The sign does not obstructtpedestrian and wheelchair access from Aherii`dewalk to any © lhe following t, N.,;�;., sit tap areas ;: ; "t' 2' ;designateddisabled arkin aces, or including without : r�utati on uti ah o peas, lsa -pgs°tetrieatne rpsa th e oun d t cycle paavtehmsliimct drti: g e nt TCross-Reference Note. ':See`restnGti, iin sign ler Haan 30'''i& '`eitl e` e el of the x ,, .::..ie.3.. ..... ::;:', ,..��4'i�:i.':i:' -�..i....;:..;;a,. .- :.:....:.:.:r.. CY.�! � :.ii ...t?`� `nie3:g:'r.�. ..:: ��Y: ..:.;�. centerline offadjacent=tpaveme ithin. "`visioilearance�^tri g ""at`irate LionsLOC 4820530 (Ord. No. 2085, Enacted, 01/04/94) Ordinance No. 2310 • Page 6 of 7 • • Section 5. Severability. The provisions of this ordinance are severable. If any portion of this ordinance is for any reason held to be invalid, such decision shall not affect the validity of the remaining portions of this ordinance. Read by title and enacted at the regular meeting of the City Council of the City of Lake Oswego held on day of , 2001. AYES: NOES: ABSENT: ABSTAIN: Judie Hammerstad, Mayor Dated: ATTEST: • Robyn Christie, City Recorder APPROVED AST RM: • David D. Powell, City Attorney • M:\Ord\2310-Sign-Graham-100901.doc • • • Ordinance No. 2310 Page 7 of 7