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HomeMy WebLinkAboutItem 01 Sign Code Update AGENDA ITEM SUMMARY Meeting Date: 6/11/2018 Meeting Type: Work Session Staff Contact/Dept.: Kristina Kraaz/City Attorney’s Office Staff Phone No: 541-746-9621 Estimated Time: 30 minutes S P R I N G F I E L D C I T Y C O U N C I L Council Goals: Mandate ITEM TITLE: SIGN CODE UPDATE ACTION REQUESTED: Provide direction regarding proposed amendments to the City of Springfield Sign Code, Chapter 8.200 of the Springfield Municipal Code. ISSUE STATEMENT: To comply with the U.S. Supreme Court’s decision in Reed v. Town of Gilbert, the City should amend its sign code, Chapter 8.200 of the Springfield Municipal Code to remove content-based regulations that are not narrowly tailored to serve a substantial public purpose. General housekeeping updates are also proposed. ATTACHMENTS: Attachment 1: Council Briefing Memorandum Attachment 2: Proposed Sign Code Amendments DISCUSSION/ FINANCIAL IMPACT: See Council Briefing Memorandum for an explanation of the U.S. Supreme Court’s decision in Reed v. Town of Gilbert and the proposed sign code amendments to implement that decision, as well as other updates recommended by the City Attorney’s Office. The proposed amendments would change some of the standards and exemptions for sign permits. In limited cases, signs that previously required a permit may become exempt from permits, but these changes are not anticipated to have a financial impact on the City. M E M O R A N D U M City of Springfield Date: 6/11/2018 To: Gino Grimaldi COUNCIL From: Kristina Kraaz BRIEFING Subject: SIGN CODE UPDATE MEMORANDUM ISSUE: To comply with the U.S. Supreme Court’s decision in Reed v. Town of Gilbert, the City should amend its sign code, Chapter 8.200 of the Springfield Municipal Code to remove content- based regulations that are not narrowly tailored to serve a substantial public purpose. General housekeeping updates are also proposed. COUNCIL GOALS/ MANDATE: Council Goals: Mandate BACKGROUND: In 2015, the U.S. Supreme Court decided Reed v. Town of Gilbert, Arizona, which overruled the Town of Gilbert’s sign code and many other municipal sign codes across the country. The Court held that the Town’s sign code regulations violated the First Amendment because they were “content-based.” Importantly, the Court overturned Gilbert’s sign code for several types of temporary signs, specifically directional signs, political signs, and ideological signs. The Court explained that, if an official has to read a sign before deciding how to enforce the code, the regulation is content-based. Content-based regulations are constitutional only if they pass “strict scrutiny”: they must be narrowly tailored to serve a compelling government interest. Very few regulations meet this test. The decision in Reed overturned several existing provisions in the City’s sign code, including the current definition of a “sign” in SMC 8.202 that determines whether a thing is a “sign” based on whether the content of the sign is related to a business or particular place or person. The Supreme Court provided some guidance in Reed for the types of sign regulations that are content-neutral and thus constitutional. Standards that regulate the physical characteristics of signs including size, building materials, lighting, and portability, without regard to the sign’s content, are generally allowed. Standards that allows a sign on any topic whatsoever within a specific time period, such as leading up to an election, or that vary based only on the underlying zoning district are also typically allowed. SUMMARY OF THE PROPOSED SIGN CODE CHANGES: The proposed changes are intended to fix the constitutional issues in the sign code after Reed and to make other housekeeping changes. Many of the proposed amendments are based on the recommended language in the International Municipal Lawyers Association (IMLA) model sign code, which was specifically developed in response to Reed. CAO seeks feedback from the Council on the proposed changes. The commentary in Attachment 2 provides an explanation for each proposed change. Where possible, the proposed standards retain the existing code requirements for the size of signs and number of signs; in some cases, the existing standards must be changed to ensure that the sign code does not discriminate between different types of signs based on content. A summary of the Attachment 1, Page 1 of 2 MEMORANDUM 6/1/2018 Page 2 proposed changes is provided on the next page. 1. SMC 8.202 Definitions:  Removes content-based definitions for types of signs – i.e. definitions that require the Building Official to read a sign to determine how to enforce the code.  Replaces the definition of a “mural” as an artistic painting not intended for advertising with a content-neutral definition based on the form of construction (i.e. hand-painted onto a wall and not digitally-printed).  Cleans up inconsistent or redundant definitions and removes definitions for terms not used in the code. 2. SMC 8.232 Non-Conforming Signs:  Provides a clearer definition of a non-conforming sign that is consistent with the definition of non-conforming uses and buildings used in the Development Code.  Replaces content- and speaker-based requirements to remove abandoned signs with standards that are content- and speaker-neutral. 3. SMC 8.234 Exempt Signs.  Removes the existing content-based exemptions for directional signs, real estate signs, campaign signs, and construction signs, because the Building Official must review the sign copy to know whether the exemption applies.  Replaces the exemptions listed above with exemptions for small and/or temporary signs at a given time without regard to content (i.e. allows extra sign when property is offered for sale or building is under construction but does not regulate content).  Adds exemption for Window Signs. This is a proposed change to codify the City’s existing practice to exempt signs placed inside a window from requiring a sign permit. This creates an inconsistent result where painted or applied vinyl signs on the inside of glass do not require a permit, but those painted outside on the glass do require a permit. The proposed change retains the City’s current practice regarding signs inside windows and fixes the inconsistency by including an exemption for painted or applied vinyl signs on both sides of a window.  Keeps a limited number of content-based sign regulations that are justified by important public safety reasons, including Neighborhood Watch Signs and Parking Lot Signs (i.e. ADA/tow zone signs). 4. SMC 8.238 Appeals  Changes the process for sign code modifications and appeals to provide review by the DPW Director, the City Manager, and the City Council in that order, rather than the defunct Building Board of Appeals. 5. District Sign Standards – SMC 8.240 through 8.268  Removes speaker-based distinctions between signs for churches and those for schools and parks and consolidates the standards for all residential institutional uses.  Removes content-based regulations for signs showing “logos” in each district. In addition, staff would like feedback from the Council whether to schedule another work session later this year to discuss revisions/reductions to the billboards permitted in the City. RECOMMENDED ACTION: Provide direction regarding sign code amendments as proposed in Attachment 2. N:\OneDrive for Business\City\Planning Zoning\Signage Restrictions\Sign Code Update 2018\CBM Sign Code Update Jun 11.docx Attachment 1, Page 2 of 2 Page 1 of 24 Attachment 2 Proposed Sign Code Amendments The proposed sign code amendments are shown in legislative format (deleted text with strike-thru red font and new text with underline red font, text to be moved from one location to another is shown in green). Commentary explaining the proposed change is shown in blue inside a blue box. Changes needed to make the code content-neutral under Reed v. Town of Gilbert are noted in the commentary. Alternative standards to replace some of the existing content-based regulations have been proposed. Council should provide feedback regarding the proposed alternatives. In general, alternatives have been based on the International Municipal Lawyer’s Association (IMLA) model sign code. Housekeeping changes and changes to fix other issues are also noted. Commentary: No proposed changes to the following sections: • 8.200 Purpose. • 8.201 Authority. 8.202 Definitions. The meaning of specific terms pertaining to the regulation of signs are: Commentary: Expands the definition of an abandoned sign, because not all signs are related to businesses. Abandoned Sign. A sign structure not containing a sign, not in use, or in a state of disrepair for a continuous 90-day period. Those signs not used in conjunction with a business for more than 90 days. Approved Plastics. As defined in the current Oregon Structural Specialty Code (OSSC), as adopted by the city of Springfield. Commentary: Housekeeping - Removes a redundant definition. Awning. Any structure made of cloth, vinyl or metal with a noncombustible frame attached to a building which projects over a walkway or sidewalk. The area of the awning that contains sign copy shall be considered a wall sign. Banner. Any non-rigid material such as canvas, vinyl or cloth, with no enclosing framework that contains advertising copy. Billboard. Any sign greater than two hundred (200) square feet for one face shall be considered a billboard. Building Official. The officer or other designated authority charged with the administration and enforcement of the State Building Code. Commentary: Provides definition for a “business” where none existed, to clarify that “business” does not only mean commercial signs, but also includes non-commercial signs. Proposed language is modeled after the definition of a business used in Oregon trademark law. Oregon constitutional law generally prohibits content-based distinctions between commercial and non-commercial speech. Business. A legal entity that owns or occupies premises in a commercial or industrial district and all activity carried on, conducted, or transacted by a legal entity on the same premises, including charitable, fraternal, religious, educational or social organizations. A “legal entity” includes but is not limited to an individual proprietorship, partnership, corporation, nonprofit corporation, association, or limited liability company. Page 2 of 24 Copy Change. The replacing of an existing advertising copy and/or sign face to reflect an image change without altering the existing sign structure. Commentary: Housekeeping – The following deletions remove redundant or unnecessary definitions. “Curb line” is used only once under the code and has been integrated into that section. “Development area” is replaced with the more inclusive “property,” defined below. “Directional sign” is a content-based definition. Curb Line. The line at the face of the curb nearest to the street or roadway. In the absence of a curb, the curb line shall be established by the public works director or their authorized representative. Development Area. The area of a commercial, industrial or residential development that is contained within a single tax lot. Digital Billboard. An outdoor advertising sign that is static and changes messages by any electronic process or remote control, provided that the change from one message to another message is no more frequent than once every eight seconds and the actual change process is accomplished in two seconds or less. Directional Sign. A permanent sign which is designed and erected solely for the purpose of directing vehicular traffic. Directory Sign. A sign giving the name and room number or location of the occupants of a building. Director. The Development and Public Works Director. Display Surface Area. The area enclosed by the display surface of the sign excluding structural supports. Only one face of a double faced sign shall be considered in determining the display surface area. Double-Faced Sign. A sign that has two display surfaces that are used for advertising. Electronic Reader Board. An electric sign which conveys a message supported by one or more uprights in the ground or by an approved method attached to a building wall. Electric Sign. Any sign containing electrical wiring which is attached or intended to be attached to an electrical energy source and provides artificial light either through exposed lighting on the sign face or through transparent or translucent material from a light source within the sign. Exempt. Signs exempted from normal permit requirements; however, still subject to those restrictions as stated in sections 8.200 to 8.268. Fees. The amount required to be paid to the city as specified to undertake any provision of sections 8.200 to 8.268 in pursuit of installing a sign. Flashing Sign. An illuminated sign, or a sign constructed of reflective material to simulate movement, on or within which light is not maintained stationary and constant in intensity and color at all times. This description does not include anAn approved electronic reader board is not a flashing sign. Commentary: Housekeeping – “Pole” sign does not appear as a separate term in the sign code. Freestanding or Pole Sign. A sign supported by one or more uprights in the ground and detached from any building or structure. Grade. The lowest elevation point of the finished ground surface directly below or at the sign location, and any point within five feet from the sign location. If the sign or any projection is within five feet of a public sidewalk, alley, or other public way, the grade will be the elevation of the sidewalk, alley or public way. Page 3 of 24 Commentary: Housekeeping – The following deletions remove unnecessary or redundant definitions. Home Occupation Sign. An on-premise sign identifying a home occupation, as defined by the Springfield Development Code. Illegal Sign. Any sign that has been installed without a sign permit, required inspections, or erected in violation of this Code. Illuminated Sign. Any sign which has characters, letters, figures, or designs illuminated by internally mounted fluorescent lights or luminous tubes. Incidental Sign. A sign identifying or advertising associated goods, products, services or facilities available on the premises. Such incidental signs include, but are not limited to “trading stamps,” “credit cards accepted,” “brand names,” “beverages,” “price signs” or “services.” Indirectly Lighted Sign. A sign from which light is directed from an external source such as floodlights, or gooseneck reflectors. Install. This term shall mean attach, place, alter, construct, reconstruct, enlarge or move, and includes the painting of wall signs, but does not include copy changes on any sign. Commentary: Proposed amendments remove separate treatment of “logos” under the code (because that is a content-based regulation), so definition becomes unnecessary. Logo. A letter, character, symbol or trademark used to symbolize or stand for a business that has been registered with the U.S. Patent and Trademark Office. Marquee. A permanent roofed structure attached to and supported by the building and projecting over public property and constructed of durable materials such as metal, glass or plastic. Commentary: Updated, content-neutral definition based on the IMLA model sign code. Murals. An artistic painting hand-painted work of visual art applied to and made integral with a wall surface. A mural 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 displays. The primary purpose of a mural is not to advertise products marketed within the structure. Commentary: Housekeeping – The following deletions remove unnecessary or redundant definitions. Non-Combustible Material. As defined in the current Oregon Structural Specialty Code. Non-Conforming Signs. A sign that does not meet the requirements in sections 8.200 to 8.268 for a legal sign. Non-Structural Trim. Material which is molding, battens, caps, nailing strips, latticing, cutouts or letters and walkways which are attached to the sign structure. Portable Sign. A single or double faced sign which is temporary in nature. The sign or sign frame is not attached permanently to the building or ground and does not meet the definition of a banner. Commentary: Housekeeping – Renames “portable swinger” signs to “A-Frame” signs to better distinguish from other types of “portable” signs. Portable Swinger A-Frame Sign. An advertising device that is usually in the shape of an “A”, located on the ground and is easily movable. Projecting Sign. Any sign other than a wall sign that projects more than 12 inches from an exterior wall. Commentary: The proposed sign code amendments use “property” in place of “development area,” because not all sign permits are processed concurrently with a development application. Property. The area contained within a lawfully-created lot or parcel or the development area as defined in Springfield Development Code Section 6.1-110, whichever area is larger. Page 4 of 24 Commentary: “Real estate signs” is a content-based definition. Real Estate Sign. A temporary sign placed upon the affected property for the purpose of advertising to the public the sale, rent or lease of a property or a structure. Commentary: Housekeeping – Change makes definition consistent with the sign code text. Revolving Rotating Sign. A sign which moves or rotates as if on an axis. Roof Sign. A sign constructed upon or above a roof or parapet of a structure. Commentary: Updated definition of a “sign” based on the IMLA model sign code. New wording is content- neutral and better defines the scope of the sign code. Sign. Any letter, figure, character, marquee, pictorial, picture, logo, trademark, reading matter, or illuminated service which is constructed, placed, attached, painted, erected, fastened, or manufactured in any manner so that it shall be used for the attraction of the public to any place, subject, person, firm, corporation, performance, article, machine, merchandise which is displayed in any manner outdoors. Every sign shall be classified and conform to the requirements of that classification of this code. A name, identification, description, display, illustration, or logo that is affixed to, painted, or represented directly or indirectly upon a building or other outdoor surface. which directs attention to or is designed or intended to direct attention to the sign face or to an object, product, place, activity, person, or business. Each display surface of a sign or sign face is considered a sign and therefore subject to this code and the Springfield Development Code as noted elsewhere in this Chapter. Signs that are located completely within an enclosed building, and not exposed to view from a street, are not subject to this code. Sign Copy. Any lettering placed on a building wall or on a sign face. Sign Face. The entire area of a sign on which copy may be placed. Sign Height. The vertical distance from grade to the highest point of a sign or a sign structure. Sign Structure. Any structure which supports or is capable of supporting a sign as defined in this code. Commentary: Housekeeping – The following deletions remove unnecessary or redundant definitions. Spotlight Illumination. Spotlight illumination shall mean illumination which comes from lamps, lenses or devices designed to focus or concentrate light rays on the source. Stadium Signs. Signs located within a sports stadium or athletic field which are intended for viewing primarily by persons within the stadium. Temporary Sign. A temporary sign is any sign, banner, pennant, balloon or valance not permanently attached to a building, structure or the ground. Under Marquee Sign. A sign which is attached only to a marquee and which is suspended or projects downward from a marquee and has no portion of the sign above the bottom surface of the marquee structure. Commentary: Housekeeping – Proposed Springfield Development Code amendments to implement the Transportation System Plan would change the way the vision clearance is determined during development review. To make sure that the sign code and development code use the same vision clearance area regardless of future code amendments, the proposal eliminates a separate definition for “vision clearance” and adds a reference to the Springfield Development Code wherever the sign code references the vision clearance area. Vision Clearance. A triangular shaped portion of land established at street intersections in which nothing over two and one-half feet is erected, placed, planted or allowed to grow in such a manner as to obstruct the sight distance of motorists entering or leaving the intersection, unless specifically Page 5 of 24 exempted by this code. All corner lots shall maintain a clear area at each access to a public street and on each corner of property at the intersection of two streets or a street and an alley in order to provide adequate sign distance for approaching traffic. The clear vision area shall be in the shape of a triangle. Two sides of the triangle shall be lot (property) lines for a distance of 25 feet. Where the lot (property) lines have rounded corners, the lines shall be measured by extending them in a straight line to a point of intersection. The third side of the triangle is a line across the corner of the lot joining the non-intersecting ends of the other two sides. The required vision clearance area for any driveway shall be 10 feet and measured as described above. The required vision clearance for any alley shall be 15 feet and measured as described above. Exemptions for vision clearance areas are items associated with utilities or publicly owned structures such as poles and signs, and existing trees, no screen or other physical obstruction shall be permitted two and one-half and eight feet above the established height of the curb in the triangular area. For a visual diagram of the vision clearance, please refer to diagram 32-B of the Springfield Development Code. Wall Sign. A sign painted on or attached to a building wall that projects no more than 12 inches from the wall. Hanging signs attached to a building eave or overhang and not classified as a projecting sign in section 8.202. Signs placed on, attached to or constructed on a canopy, awning or marquee, whether or not such structures are located in the public right-of-way, are also considered wall signs. Commentary: Housekeeping – Removes an unnecessary definition. Wind Activated Sign. Any commercial advertisement flag, pennant, balloon, spinner or blimp. Commentary: No proposed changes to the following sections: • 8.204 Design. • 8.206 Construction. Commentary: Housekeeping changes to consolidate definitions of “non-combustible materials” and “curb- line” into the actual code text. 8.208 Projection and Clearance. (1) General. All signs shall conform to the clearance and projection requirements of this section or as specified in specific sign district. (2) Clearance From High Voltage Power Lines. Signs shall be located as specified in the current National Electric Safety Code, and by the public utility commission. (3) Clearance From Fire Escapes, Exits or Standpipes. No sign or sign structure shall be erected 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. (4) Clearance and Access, Roof Signs. No sign shall obstruct any openings to such an extent that light or ventilation is reduced to a point below that required by the Oregon Structural Specialty Code or the Springfield Development Code. (a) Sign Adjacent to Wall Openings. Exterior Ssigns erected within five feet of an exterior wall opening shall be constructed of non-combustible material as defined in the current Oregon Structural Specialty Code or approved plastics. (b) Clearance in a Public Alley. No sign or sign structure shall project into a public alley below a height of 14 feet above grade, nor project more than 12 inches where the sign structure is located Page 6 of 24 14-16 feet above grade. The sign or sign structure may project not more than 36 inches into the public alley where the sign or sign structure is located more than 16 feet above grade. (c) Clearance from Streets. Signs shall not project within two feet of the curb line, as measured at the face of the curb nearest to the street or roadway. In the absence of a curb, the curb line shall be established by the Director. (d) Clearance Over Vehicle Use Area. The minimum clearance of all signs projecting over any portion of a vehicle use area shall be 16 feet. Bollards or other physical barriers capable of protecting all portions of the sign projecting over the vehicle use area may be used to satisfy this standard. Commentary: Housekeeping changes. 8.210 Location and Setbacks. No sign or sign structure shall be installed within a public utility easement. No sign or sign structure shall be installed within a five-foot setback from the property line. The property line must set back a minimum of 15 feet from the curb in order to be considered for an exemption from the five-foot setback from any property line. No sign shall be located within the vision clearance area as defined in the definitions of this codeSpringfield Development Code. All signs shall be located entirely on private property unless they are located in the dDowntown sSign dDistrict where projection over the right-of-way is permitted with the appropriate insurance requirements. 8.218 General. Except as specified in section 8.234, no person shall erect, construct, alter or relocate any sign unless a permit has been obtained from the building official. A separate electrical permit shall be required for each sign service equipment as specified in the Electrical Specialty Safety Code. Sign permits shall be issued only to contractors licensed in accordance with city and state regulations, or any property owner or a designee erecting a sign or sign structure on their own property, provided the sign erection work is performed by a person regularly and directly under their employ. The following requirements shall be included with each sign permit application: (1) Permit Applications. Two complete sets of plans, engineering calculations, diagrams and other data shall be submitted with each application for a permit. The building official may require plans, computations and specifications to be prepared and designed by an engineer or architect. (a) A scaled plot plan with building dimensions, setback and location of proposed signs shall be submitted with the sign permit application. A photograph of each facade of the building shall be submitted. (b) A scaled elevation drawing shall be submitted in addition to the above requirements if a wall mounted sign will be erected. (c) A description of materials, anchors, footings and attachment systems shall be provided. (d) For all freestanding, pole or projecting signs over 20 feet in height above grade, plans shall be submitted, drawn by a registered engineer. (e) Each application shall include photographs of existing signage on the property or associated with the business. (f) If the application is for a billboard, the application must include an approved permit from the state of Oregon under the Oregon Motorists Information Act of 1971 (ORS 377.700 et seq.) prior to the erection of the billboard. Page 7 of 24 (2) Permit-Fees. Sign permit fees for permanent and temporary signs, excluding electrical, shall be set by resolution of the council. Only one face of a double-faced sign will be used for calculation purposes. Each sign shall be considered separately when calculating plan review and sign permit charges. Commentary: The proposed change affects sign code policy by removing the requirement for a temporary sign deposit, per recommendation of the Building Official. The administrative expense in charging and then refunding the deposits outweighs the deterrent benefit of requiring the deposit. The changes also clarify that a permit is not required for a temporary sign that has been exempted under Section 8.324 Exempt Signs. The changes also remove the redundant exemptions for city and other government signs and special event signs and the exemption for “hospital community events” as a speaker-based exemption; these signs can be allowed under a special event permit instead. (3) Temporary Sign Permit Fees. Four permits for each approved development areaon each property shall be permitted per calendar year. The fee for each permit shall be set by resolution by of the council. No temporary sign(s) shall be larger than 60 square feet and be erected for a maximum of 30 consecutive days per each permit. The temporary sign(s) shall be located completely on private property and shall be in compliance with the required setbacks as identified in this code. A security deposit is required when this permit is issued. If the applicant fails to remove the temporary sign(s) by the date specified on the permit, the deposit shall be forfeited and the city may remove the temporary sign(s). If any temporary signs are erected without first obtaining a permit, the permit fee shall be doubled. This subsection does not apply to temporary signs that are exempted under section 8.234 of this code. Temporary signs erected by or for the city for city sponsored events, authorized by the city, or for the park district, utility company, or hospital for community events are exempt. (4) Permit Issuance. (a) Compliance. The building official shall not issue a permit unless the sign and its location are in compliance with the provisions of this code and the Springfield Development Code. No permit issued shall be transferred to another party. (b) Expiration. If the sign authorized by a sign permit is not installed within 180 days after the date the permit is issued, or an inspection requested to verify progress of the proposed installation, the permit shall be void. The building official may extend an unexpired sign permit for a period not exceeding 180 days upon written request by the permittee showing that circumstances beyond their control have prevented work on the sign. No permit shall be extended more than once. (5) Penalty Fees. The fee for any sign permit where the applicant begins work (and/or erects or re-erects a sign) prior to obtaining a sign permit, shall be double the fee specified by resolution of the city council. Commentary: Proposed update to sign code policy. The insurance requirement under this section was set circa 1986 to correspond to the city’s liability limits under the Oregon Tort Claims Act at that time. The proposed language removes the outdated $300,000 limit and instead uses the same language as used elsewhere in the code for encroachments into or work within the public right of way. Based on current OTCA liability limits, the City’s current policy is to generally require insurance at a level of $2,000,000 per occurrence and $3,000,000 aggregate. Subsection (b) is removed because the code already requires a sign company to comply with this section. Page 8 of 24 (6) Insurance. (a) Every property owner or designee who applies for a permit to erect, alter, or maintain a sign which projects more than 12 inches over public property, must carry public liability insurance sufficient in the judgment of the Director to save the city and its employees harmless against any injury or damage resulting from the permitted sign. shall file with the building official copies of their public liability and property damage insurance policies. These policies shall This policy must be maintained in full force and effect during the time the sign remains over public property. Public liability insurance shall not be less than $300,000.00 for injuries, which includes accidental death to any person. The policy shall and must contain a requirement of notice of cancellation to the city. (b) Any sign company erecting a sign owned by the company shall comply with section 8.218. Commentary: No proposed changes to the following sections: • 8.220 Inspections. • 8.222 Removal. • 8.224 Stop Work Order. • 8.226 Utility Disconnection. • 8.228 Utility Connection. • 8.230 Access For Inspections. Commentary: The following amendments are intended to (1) more clearly state the definition of a non- conforming sign and remove redundant language regarding signs in newly-annexed areas, and (2) make the requirement to remove abandoned signs content- and speaker-neutral (see the proposed definition of an abandoned sign under SMC 8.202), by setting a time limitation on whether the sign is “in use,” rather than when “a business” ceases operation. 8.232 Non-Conforming and Abandoned Signs. For the purpose of this section, a non-conforming sign is a sign that was legally established on the effective date of this ordinance, [insert effective date], but which does not fully comply with the current sign regulations shall be defined as a legal sign existing on the effective date of February 21, 2012. (1) Compliance. All on-site, non-conforming signs prohibited in this code shall be removed when the current business ceases to operate. (21) Damaged Non-Conforming Signs. Should any Any non-conforming sign be damaged by any means to the extent of more than 50 percent of its replacement cost or sign area at the time of damage, it shall must be removed or reconstructed in conformance with this code. (32) Enlarging Non-Conforming Signs. No non-conforming sign may be enlarged or altered in a way that would increase its nonconformity. (43) Abandoned Signs. Abandoned signs shall be removed or replaced in conformance with this code.Any sign or sign structure that remains empty for a period of 90 days shall be considered an abandoned sign. Any non-conforming sign and/or sign structure located on property previously used by a business that ceases operation shall be removed. Conforming, abandoned signs shall have the sign face covered or reversed so no sign copy is visible. (5) Annexed Areas and Areas Within the Springfield Urban Growth Boundary. Except as otherwise provided in this section, all signs in areas annexed to the city after the date of adoption of this code and which do not conform to the provisions of this code, shall be regarded as non- Page 9 of 24 conforming signs. These signs may remain until the current business ceases to operate then they shall be removed. (64) Existing Non-Conforming Signs. When an application is made for new signs on property which has existing non-conforming signs, permits may be issued for the new sign(s) in accordance with the provisions of this code, provided that the proposed new signs together with the existing signs do not exceed the allowable number and types of permitted signs. Commentary: As further explained within this section, the proposed changes are primarily intended to replace content-based regulations with an alternative regulation that is content-neutral. Council should provide direction regarding the proposed temporary sign regulations and whether they should be expanded or limited. 8.234 Exempt Signs. The following signs or operations are permitted without a sign permitshall be exempt from the sign permit process, but shall adhere to the standards listed below: (1) Changing of Copy/Face Change. Changing of copy or face change on signs specifically designed to allow for this unless the sign face remains empty for a period of 90 days. If the sign remains vacant for 90 days, it shall be considered abandoned and shall be removed. (2) Maintenance. Normal maintenance and repair of a sign structure or sign service equipment. Normal maintenance and repair does not include structural changes, removal and replacement, copy changes or the addition of electrical wiring. Commentary: Provides a more thorough definition of a government sign that is exempt from the code to include signs that are not constructed by a public employee but that are placed under a legal requirement, such as building permits. (3) Public Government Signs. Public signs shall include the following: signs of a public nature, i.e., Government signs are signs that are required to be constructed, placed or maintained by the federal, state or local government either directly or to enforce a property owner’s rights and all signs erected by a public employee in the performance of a public duty, including, but not limited to, safety signs, danger signs, signs indicating scenic or historical points of interest; , signs constructed or placed in a public right-of-way by or with the approval of a governmental agency having legal control or ownership over the right-of-way; , and signs owned or constructed or placed under the direction or authorization of the cityCity. (4) Under Marquee Signs. A sign attached to the underside of a marquee. The maximum height of this sign shall be 12 inches. Such sign shall be permanently attached to the marquee and shall be a minimum of eight feet above grade. Commentary: This exemption conflicts with the home occupation sign standard under the residential district sign standards. (5) Home Occupation Signs. Home occupation signs for approved home occupation businesses shall be erected flat against the wall and not exceeding one and one-half square feet. Commentary: The following sign exemptions for directional signs, real estate signs, campaign signs, and construction signs are all examples of content-based regulations, because the building official must review the sign copy to know whether the exemption applies. In place of these exemptions, the proposed code exempts for a certain number of small and/or temporary signs at any given time, without regard to content. The code would allow a property owner to install more signs at certain times, such as when property is for Page 10 of 24 sale or under construction or during election season, but the code would not place limits on the content or purpose of any extra signs during those times. (6) Directional Signs. A sign indicating traffic movements onto or within a premise, not exceeding six square feet and two and one-half feet in height. A maximum of one sign per vehicle ingress/egress shall be permitted. No sign shall be located in any vision clearance area as defined in the definitions of this code. (7) Real Estate Signs. In any district, there may be two signs located on the subject property. These signs shall be limited to one wall sign and one freestanding sign. These signs shall be set back a minimum of 10 feet from the street and shall be no larger than eight square feet in a residential area, and up to 20 square feet in a commercial or industrial district. (8) Election Campaign Signs. Election campaign signs are permitted to be placed on private property in any district, subject to the following conditions: (a) An election campaign sign shall be allowed 90 days prior to any public election and removed within three days following the final election. The owner of the property on which the sign is placed shall be responsible for its removal. (b) An election campaign sign shall be no larger than 32 square feet. (9) Building Construction Signs. A maximum of one sign per contractor and one sign indicating the business to be located in the new structure is permitted for the duration of work conducted on the site. Maximum size for each allowable sign is 32 square feet. (5) Exempt Temporary or Small Signs. Signs exempted under the following provisions shall not be tacked, nailed, posted, pasted, glued or otherwise attached to trees, utility or light poles, fences, or other objects not erected, owned and maintained by the owner of the sign. Commentary: This proposed exemption is a catch-all exemption that replaces other content-based exemptions, including home occupation signs and directional signs. Council should provide direction on the size of sign allowed under this new provision; 2 square feet is the standard proposed by the IMLA Model Sign Code. Currently, home occupation signs can be 1.5 square feet per face and directional signs may be up to 6 square feet per face. (a) One sign with a sign face no larger than 2 square feet may be located on a property at any time. Commentary: This proposed exemption replaces the Election Campaign Sign exemption and is based on the IMLA Model Sign Code. The size of sign allowed and the timeline for placing the signs come from the current code. Signs posted during this period can relate to any content. (b) One temporary sign not larger than 32 square feet per face may be located on a property for a period of 90 days prior to and 3 days after an election involving candidates for a federal, state or local office that represents the district in which the property is located or involves an issue on the ballot of an election within the district where the property is located. Commentary: This proposed exemption replaces the exemption for Real Estate Signs by allowing any sign without regard to content when property is being offered for sale. (c) One temporary wall sign and one temporary freestanding sign, each with a sign face no larger than 8 square feet in a residential zone or 20 square feet in a commercial or industrial zone and set back a minimum of 10 feet from the street, may be located on a property when: (i) the property is being offered for sale through a licensed real estate agent; (ii) if not offered for sale through a real estate agent, when the sign is owned by the property owner and that property is offered for sale by the owner through advertising in a local newspaper of Page 11 of 24 general circulation; and (iii) for a period of thirty days following the date on which a contract of sale has been executed by a person purchasing the property. Commentary: This proposed exemption replaces the exemption for garage sale signs and allows an additional sign during other open-house type events on residential property. The time limitation is based on the municipal code’s limitations on garage sales, but Council should provide feedback regarding the time limitations and size. (d) One temporary sign with a sign face no larger than 2 square feet may be located on a property in a residential zone when the property owner is opening the property to the public; provided, however, the owner may not use this type of sign for more than ten consecutive days or for more than two separate occasions per calendar year. Commentary: This proposed exemption would replace the exemption building contractor signs. It allows an additional sign of any content when construction work is being conducted on the property. Council should provide feedback on size of sign and whether zoning limitations should apply. (e) Two temporary signs with sign faces no larger than 32 square feet each may be located on a property when permitted construction work is being conducted on the property. Commentary: The proposed change codifies the City’s existing practice regarding window signs on the inside of glass, and adds an exemption for all window signs that are painted or applied vinyl on either side of the glass. The City currently treats anything on the inside of a building as exempt from the sign code, including signs placed directly inside a window. This creates an inconsistency in that a sign placed inside a pane of glass is regulated differently than the same sign placed directly outside. (6) Window Signs. Signs that are permanently or temporarily attached to the interior of a window or that consist of paint or adhesive vinyl film applied to either side of a window. (107) Stadium Signs. Signs located within a sports stadium or athletic field which are intended for viewing primarily by persons within the stadium. Commentary: Housekeeping – not all signs are associated with a business. (118) Invisible Signs. The primary purpose of invisible signs is to allow information to be viewed by the business customers once the customer is on the propertyfrom the interior of the property. Invisible signs are not intended for viewing from any public right-of-way, private right-of- way, or another development site . Examples could beincluding but not limited to building identification within a large complex, internal directional signs, and safety award signs, etc. All outside locations are to be reviewed and approved by the building official prior to installation. by the building official. Commentary: This exemption is based on the content of the sign, but the City has a very strong interest in encouraging the use of these specific signs for improving citizen safety. These signs are essentially quasi- governmental: they identify that a particular business or property participates in a city-approved public safety program, and therefore the City has a strong interest in encouraging the use of these signs by property owners when applicable. This exemption is narrowly tailored to only those specific programs that the City sanctions, which are unlikely to increase sign clutter in the city. (912) Neighborhood Watch, Drug Free Zone, and Business Alert, and Safe Place Signs. Neighborhood Watch, Business Alert, and Drug Free zone and Safe Place signs shall be located solely on private property. Maximum size for these signs is six square feetSign area must not exceed six square feet per sign face. Signs cannot be located in anymust be located outside the vision clearance area as defined in the Springfield Development Code. Page 12 of 24 Commentary: The exemption for drive up menus used only for product or transaction information is a content-based restriction. The changes proposed to remove the content-based language to allow any sign placed in a drive-up area that meets the size limits without reference to the sign’s content or purpose. (1310) Drive-Up Signs Menu Boards. Menu boardsSigns placed in a driveway specified for drive-up transactions shall be used solely for vehicular and pedestrian product purchasing or transaction information. This sign shall be located out of the front yard setback and will be located where the primary viewing is to the drive-up customers. Maximum height of this sign will be eight feet and maximum size will be 40 square feet. Each drive-up will be limited to two menu boardssigns through exempt status. Additional menu boardssigns in the drive-up area will be counted in the permitted allowable signs for the district (i.e., counted as one wall sign if placed on the structure). These signs shall be used only for providing product or transaction information necessary for utilizing the drive-up. (1411) Parking Lot Signs. Signs for accessible parking and towing zones on private property shall be allowed without obtaining a sign permit. These signs shall not exceed six square feet in total size, or exceed seven feet in total height above grade. The number of allowable accessible parking signs is based on the required parking for the specific approved development areathe property. All signs shall be permanently attached either to a building or secured in concrete. (1512) Murals. A mural on a wall located in a commercial, public land, or industrial districtzone. The size of the mural is not regulated. Commentary: Housekeeping – Revised for clarity and to remove content-based reference to “holidays.” (16) Special Event/Holiday Signs. Temporary signage sSigns allowed as part of an approved city special event license or approved city special event under sSections 7.400- through 7.422 of this code. Commentary: Housekeeping – Revised for clarity. (1713) Portable A-Frame Signs. Each business located in areas zoned other than residential shall beare allowed to place two portable A-frame signs on their property without obtaining permits. Each portable A-Frame sign shall not exceed two feet by three feet per face. Portable A-frame signs shall be located on private property where practicable. or wWhen placed in the public right-of-way, A-frame signs must not create a hazard or interfere with pedestrian and/or vehicular travel. Signs are allowed only during regular business hours of the business presenting the portable sign. Signs shall must be placed to conform to all relevant portions of the Americans with Disabilities Act, and maintain a continuous, clear sidewalk width of 36 inches or more. Signs shall must be placed to avoid conflict with opened doors of parked vehicles. Signs are allowed only during regular business hours of the business presenting the portable sign. The sign shape, colors and appearance shall must not be similar to any traffic control device. The final determination of signs that are unacceptable due to appearance similar to traffic control devices shall be as determined by the city traffic engineer. Commentary: Housekeeping – Other sections deal with abandoned signs and prohibited materials. 8.236 Prohibited Signs. The following signs are prohibited: (1) Abandoned Signs. Those signs not used in conjunction with the business located on the premises for more than 90 days. (2) Illegal Signs. Signs installed without the required permit, inspection approvals, or those improperly constructed. Page 13 of 24 (31) Signs Interfering with a Traffic Control Device. Any sign blocking or creating confusion with a traffic control device. (42) Motor Vehicle Signs. Signs placed on or painted on a motor vehicle, trailer or manufactured home which is to be parked on a lot with the purpose of providing additional signs on or for property not otherwise permitted. (53) Rotating or Flashing Signs. Signs in which the sign face moves or lights flash, travel or reflect. This does not include approved, permitted electronic reader boards. (64) Portable Signs. A sign which that is not permanently anchored to a building or the ground in accordance with section 8.204 of this code, unless except a sign allowed under subsection 8.234 of this code or approved under a temporary sign special permit as described inunder section 8.218(3) of this code. (75) Posters. Any sign attached to any tree or public utility pole. (86) Emitting Signs. Any sign that emits an audible sound, odor or visible matter. (9) Prohibited Sign Materials. Any sign constructed of paper, cardboard or unpainted unstained plywood material or any other material not specifically allowed by Oregon Specialty Code or without the building officials approval per section(s) 8.204, 8.206 and 8.214 of this code. (107) Exterior Fencing. No signs which are intended for viewingthat are viewable from the exterior of the property shall beare allowed to be attached to exterior fencing. Fencing is defined as a structure which serves as an enclosure, barrier or screen that is not part of a building. (118) Signs in the public right-of-way not authorized by a government agency. (129) No sign shall be illuminated or use lighting where such lighting is directed at any portion of a traveled street or will otherwise cause glare or impair the vision of the driver of a motor vehicle. Commentary: This change proposes to fix a currently problem with the sign code’s appeal process that relies on the Building Board of Appeal, which is not currently an appointed body. The City must have in place a process that provides all permit applicants with due process of law, which generally includes an opportunity to appeal a permit denial. For that reason, not having an appointed Building Board of Appeals is a problem if the City denies a sign code permit or places conditions on a permit. The proposed code amendments remove the sign code from the jurisdiction of the defunct Building Board of Appeals and provide for appeal to the DPW Director and City Manager first, keeping the City Council as the final appeal option. Other proposed changes to this section clarify the language and applicable standards of review. The Council should provide feedback on these proposed changes and the process for sign code appeals decisions going forward. 8.238 Appeals. (1) For tThose who wish to erect a sign that is either larger than authorized by this sign code or a sign that is nonconforming in some other respect, may apply for a modification permit (size) or variance (other nonconforming characteristic) may be requested consistent with this section. (2) A modification is a request for a sign that complies with the provisions of this sign code in all respects except size or height when the modification does not exceed 15 percent larger than the applicable dimension or area allowed by this code. The fee for a modification permit will be set by resolution of the Council. The Director will issue a decision on a modification permit within 30 days of receiving a complete application.A modification is defined as a request for a sign that complies with the provisions of this sign code in all respects except size or height and the proposed request is not more than 15 percent greater than otherwise allowed. If the applicant chooses to apply for a modification to the sign code, they may apply through the development services department for a Page 14 of 24 cost set by resolution of the council. This modification request will be reviewed, and a decision reached by the development services director within 30 days of the application, providing the application is complete. (3) The Director may approve a modification according to the following criteriaThe following criteria must be met in order for a modification to be approved: (a) Locational and/or dimensional problems affecting the ability to comply with height and size standards have been identified; and (b) The proposed adjustment will not cause any of the following adverse effects on neighboring properties: (i) Creates a vision clearance hazard for pedestrians, motor vehicles or bicyclists; or (ii) Creates a hazard for fire prevention or fire suppression; or (iii) Public safety is compromised; and (c) The hardship applicant’s need for a modification is not self-imposed. (34) A variance is a request for a sign that does not conform to the requirements of this code in respects other than size, or a size modification that exceeds 15 percent larger than the applicable dimension or area allowed by this code. The fee for a variance will be set by resolution of the Council. The Director will issue a decision on the variance within 30 days of receiving a complete application. A variance is defined as a request for a sign that is different non-conforming from the requirements of this sign code in respects other than size and/or the size variation more than 15 percent larger than otherwise allowed by this code. An applicant for a variance may apply to the building board of appeals. The cost for this appeal is set by resolution of the council. The variance request will be heard and a decision reached within 30 days from the date of application providing the application is complete. (5) The Director may approve a variance according to the following criteriaThe following criteria must be met in order for a variance to be approved: (a) There are unusual conditions associated with the property and structure affecting the ability to comply with the standards of this Code; and (b) Granting of the variance would not have any of the following adverse effects on neighboring properties: (i) Creates a vision clearance hazard for pedestrians, motor vehicles or bicyclists; or (ii) Creates a hazard for fire prevention or fire suppression; or (iii) Public safety is compromised; and (c) The need for the variance has not arisen solely from a previous code violation; and (d) The hardship need for a variance is not self-imposed; and (e) There are not other practical alternatives available that better meet the provisions of the Springfield Sign Code and its purposes as set forth in section 8.200. (46) A decision to approve a modification or variance expires one year after the date of approval if If the applicant doest not construct, erect, alter or complete the subject sign any sign which has been approved within one year of the date of approval, the decision shall expire. The DSD dDirector may grant an extension not to exceed one year, provided that the extension does not extend conflict with state law regarding expiration of permits, this includes, including but is not limited to, the expiration of any building permit. Page 15 of 24 (7) The building official’s decision to deny a sign permit or approve with conditions may be appealed to the Director within 15 days of the decision. The Director will issue a decision within 30 days. (58) The Director’s decision to deny a sign permit, modification, or variance, or to approve such application with conditions, is appealable to the City Manager within 15 days of the Director’s decision. The City Manager will issue a decision within 30 days. An applicant who is denied a modification request may appeal the decision of the DSD director to the building board of appeals for a cost set by resolution of the council. The request will be reviewed by the board and a decision reached within 30 days of the application date. (69) The City Manager’s decision may be appealed to the City Council within 15 days of the decision. The Council will consider the City Manager’s recommendation and all other evidence presented including oral or written testimony from the applicant. The council will affirm, modify, or reverse the City Manager’s decision. The Council’s decision and any findings will be rendered in writing. An applicant may appeal the decision of the Board of Appeals regarding an Appeal of a modification or a variance to the city Council for a cost set by resolution of the council. The city council’s Council’s decision is final. except that or a writ of review to circuit court is available to appeal the city council’s decision pursuant to Oregon law. Commentary: The changes to subsection (2) are housekeeping changes for clarity. 8.240 Residential District Sign Standards. The following sign standards have been established for residential districts and for public land and open space that is directly adjacent to a residential district. (1) Home Occupation. Each single family or duplex dwelling unit that has received development approval forwith a permitted home occupation per section 4.7-165 of the Springfield Development Code is shall be allowed one non-illuminated wall sign of not more than one and one- half square feet. (2) Multifamily, Mobile Home Parks, Day Care Facilities, Subdivisions, Group Living Care Facilities and Bed and Breakfast Facilities. Each group living situation, multiple-family dwelling complex, mobile home park, adult day care or child care center, residential subdivision, group care facility, and bed and breakfast facilityfacilities, and, including a mobile home park or subdivision, shall be allowed one wall sign or freestanding sign at each public vehicular entrance of not more than eight square feet for one face, or 16 square feet total sign areafor two or more faces. The maximum height for freestanding signs shall be five feet above grade. The maximum height for wall signs shall be 20 feet above grade, provided that in no case shall a wall sign extend above the building wall. Internally illuminated signs are shall be prohibited. (3) Non-Residential Professional Offices. Each property approved development area shall be limited to one freestanding sign and one wall sign. The freestanding sign shall be a maximum of 16 square feet for one face and 32 square feet total for two or more faces. The wall sign shall be a maximum of 16 square feet. Freestanding signs or wall signs shall not be more than eight feet above grade. Each detached building shall be permitted one additional wall sign not to exceed eight square feet. Internally lighted signs are shall be prohibited. Commentary: The changes to subsection (4) combine the sign standards for churches and schools in residential zones and in PLO adjacent to residential zones into one standard that applies to all institutional uses within residential zones to address the speaker-based distinction between similar uses in residential Page 16 of 24 areas. In addition to the speaker-based problem under Reed, having different standards for churches may be problematic under the Free Exercise Clause of the First Amendment. The proposed sign area allowed to churches is more than under the existing code. For schools, the proposal increases the number of freestanding signs allowed (one to two) but maintains the same sign area. (4) Churches Institutional Uses. Each property containing a permitted church, school, park or other institutional useapproved development area shall be limited to a maximum of three wall signs not to exceed a combined area of 80 square feet, and two freestanding signs not to exceed a combined area of 40 square feetand one wall sign. The signs shall be a maximum of 32 square feet for one face and 64 square feet for two or more faces. Freestanding signs or wall signs shall not be more than eight feet above grade. Each detached building shall be permitted one additional wall sign not to exceed eight square feet. Neon Internally-lighted signs are prohibited. Commentary: Housekeeping changes. 8.242 H-Historic Overlay District. The size, color, design, material, and location of all signs within the Historic Overlay District shall comply with the standards in Article 30Section 3.3-900 of the Springfield Development Code. The addition or alteration of a sign shall be reviewed by the historic commission at the time of any major or minor alteration to a historic landmark structure. (1) Historic House Landmark Plaques. Standards for the design, size, material, placement and content of historic house plaques shall be approved by the historic commission and kept on file with the development services director. (2) Special Use Signage. For special uses identified in the Springfield Development Code, Article 30Section 3.3-935.B, one of the following shall be permitted: (a) One freestanding or wall sign of not more than eight square feet for one face and 16 square feet for two faces where frontage exists on a collector or an arterial street. One freestanding or wall sign of not more than four square feet for one face and 16 8 square feet for two faces where frontage exists along a local street. (b) A freestanding sign shall not exceed five feet in height and a wall sign shall be no more than 20 feet above grade. (c) AIn addition, an entrance identification sign of not more than one and one-half square feet shall be permitted. Commentary: Housekeeping changes for clarity. The special reference to “logos” is removed. The general definition of a sign has been revised to make clear that a sign includes logos, and therefore this special regulation under each zoning district is no longer necessary. A stand-alone regulation for signs that contain logos is a content-based regulation. 8.244 General Office Sign Standards. (1) Single Businesses. When only one business occupies a building, the Each business shall be permitted a maximum number of three wall signs totaling 64 square feet for all faces, and not more than 32 square feet for any one face. (2) Multiple Businesses. When Mmultiple businesses occupying one the same building, each business shall be allowed one overall wall or freestanding sign of not more than 32 square feet for one face, or 64 square feet for two or more faces. The maximum height for this freestanding sign shall be eight feet. This overall sign shall be in lieu of the wall signs permitted in subsection (1). Page 17 of 24 (3) Property Development Area Signage. In addition to the signs named above, each propertyapproved development area shall be allowed one freestanding sign of not more than 100 square feet for one face, or 200 square feet for two or more faces. The maximum height for this sign shall be 12 feet above grade. (4) Logos. Logos are allowed in addition to the permitted wall signs listed above provided the logo is the logo of the business residing on the premises and provided the total square footage of the permitted wall signs and the logos do not exceed a combined area of 64 square feet for a single business. A permit is required for each logo that is being installed based on the square footage of the proposed logo. (54) Illumination from Signs on Non-Residential Property. External illumination shall be shielded so that the light source elements are not directly visible from property in a residential zone which is adjacent to or across a street from the property in the non-residential zone. Commentary: Housekeeping changes and removes “logos” section. 8.246 Neighborhood Commercial. (1) Each approved development areaproperty in a NC District shall be allowed one freestanding sign not to exceed 40 square feet per sign face, with a maximum size of 80 square feet for two or more faces. This sign cannot exceed eight feet in height above grade and shall not be internally illuminated. In addition, each business in the NC District shall be limited to two wall signs, with a maximum combined area of 40 square feet and cannot exceed 20 feet in total height above grade. Wall signs are also prohibited from being internally illuminated. (1) Logos. Logos are allowed in addition to the permitted wall signs listed above provided the logo is the logo of the business residing on the premises and provided the total square footage of the permitted wall sign and the logos do not exceed a combined area of 32 square feet. A permit is required for each logo that is being installed based on the square footage of the proposed logo. (2) Illumination from Signs on Non-Residential Property. External illumination shall be shielded so that the light source elements are not directly visible from property in a residential zone which is adjacent to or across a street from the property in the non-residential zone. Commentary: Housekeeping changes and removes “logos” section. 8.248 Community Commercial and Major Retail Commercial District. These standards apply for all property located in CC or MRC Districts except those located in the Downtown Sign District, I-5 Mall Sign District and the I-5 Commercial Sign District: (1) Single Businesses. When only one business occupies a building, the Each business shall be permitted a maximum number of four wall signs totaling 350 square feet for all faces. (2) Freestanding, Roof and Projecting Signs. In addition to wall signs permitted above, one sign from this group shall be permitted for each approved development areaproperty. The total area permitted for a freestanding sign, roof or projecting sign shall be 100 square feet for one face or 200 square feet for two or more faces at a maximum of 20 feet above grade. (3) Second Story Businesses and Above. Two wall signs per business shall be permitted with a maximum sign display area of 175 square feet for all faces. (4) Logos. Logos are allowed in addition to the permitted wall signs listed above provided the logo is the logo of the business residing on the premises and provided the total square footage of the permitted wall signs and the logos do not exceed a combined area of 350 Square feet for single Page 18 of 24 story businesses and 175 square feet for second story businesses. A permit is required for each logo that is being installed based on the square footage of the proposed logo. (54) Illumination from Signs on Non-Residential Property. External illumination shall be shielded so that the light source elements are not directly visible from property in a residential zone which is adjacent to or across a street from the property in the non-residential zone. Commentary: Removes the “logos” section. Additional changes to this section are proposed as part of the Downtown Design Standards project and have been recommended by the Downtown Advisory Committee. 8.250 Downtown Sign District. The Downtown Sign District is shown on Map No. 1. Each business in this district shall be limited to three signs. (1) Wall Signs. Each business shall be allowed the following: (a) First Story Businesses. First story businesses facing a public street shall be permitted signage of three square feet per lineal foot of building wall. (b) Second Story Businesses and Above. Second story businesses facing a public street shall be permitted signage of one and one-half square feet per lineal foot of building wall. (2) Freestanding, Projecting or Roof Signs. Each building shall be permitted one freestanding sign, projecting sign or roof sign which shall be limited to a maximum area of 80 square feet for one face and 160 square feet for two or more faces. The maximum height for freestanding signs shall be 20 feet above grade. (3) Encroachment. The minimum height for all signs encroaching in the public right of way shall be eight feet above grade. The maximum encroachment into the public right of way shall be six feet, provided that no sign shall encroach within two feet of any curb or driveway line. (4) Logos. Logos are allowed in addition to the permitted wall signs listed above provided the logo is the logo of the business residing on the premises and provided the total square footage of the permitted wall signs and the logos do not exceed a combined area of three square feet per lineal foot of building wall for first story businesses and one and one-half square feet per lineal foot of building wall for second story businesses. A permit is required for each logo that is being installed based on the square footage of the proposed logo. (5) Illumination from Signs on Non-Residential Property. External illumination shall be shielded so that the light source elements are not directly visible from property in a residential zone which is adjacent to or across a street from the property in the non-residential zone. Commentary: Housekeeping changes and removes “logos” section. 8.252 Booth Kelly Sign District. The area containing the Booth Kelly District is defined in Article 19 of the Springfield Development Code. The following combination of signs shall be permitted for this approved development areaproperty because of its unique size: (1) Wall Signs. One wall sign of up to 200 square feet per business is permitted. The maximum height for all wall signs is 20 feet from grade. (2) Freestanding Signs. One directional sign of up to 200 square feet for one face and 400 square feet for two faces shall be permitted for the entire overall site. In addition, each development areaproperty of at least 10 acres shall be permitted one freestanding sign of 200 square feet for one Page 19 of 24 face and 400 square feet for two faces. All freestanding signs shall be installed at a maximum of 30 feet in height from grade to the bottom of the sign. (3) Logos. Logos are allowed in addition to the permitted wall signs listed above provided the logo is the logo of the business residing on the premises and provided the total square footage of the permitted wall signs and the logos do not exceed a combined area of 200 square feet. A permit is required for each logo that is being installed based on the square footage of the proposed sign. (43) Illumination from Signs on Non-Residential Property. External illumination shall be shielded so that the light source elements are not directly visible from property in a residential zone which is adjacent to or across a street from the property in the non-residential zone. Commentary: Housekeeping changes and removes “logos” section. 8.254 I-5 Mall District. The I-5 Mall District is designated on Map No. 2. The following combination of signs shall be permitted for this approved development areaproperty within this district because of its unique size and the lack of street frontage for businesses and building complexes located within the area: (1) Wall Signs. In addition to the freestanding signs, the approved development areaproperty may have wall signs at each primary entrance. The total allowable area for all such signs shall be 1,000 square feet. No single sign shall exceed 400 square feet. (2) Freestanding Signs. (a) Two freestanding signs shall be permitted for each approved development areaproperty greater than 20 acres. The sign closest to I-5 shall be limited to 700 square feet for one face and 1,400 square feet for two or more faces with a maximum height of 50 feet above grade. The other freestanding sign shall be limited to 400 square feet per face, or 800 square feet for two or more faces, with a maximum height of 30 feet. (b) One additional freestanding sign will be permitted at each vehicular entrance. Each sign will be limited to 25 square feet for all faces with a maximum height of 20 feet. (3) Anchor Tenants. Anchor tenants with 50,000 or more square feet of gross area shall be permitted a wall sign for each principal face of the building. The maximum allowable sign area per wall shall not exceed 200 square feet per building face. (4) Second Story Businesses and Above. Each structure with a second story business shall be permitted one wall sign that is a maximum of 50 square feet. (5) Logos. Logos at each primary entrance are allowed to the permitted wall signs listed above provided the logo is the logo of the business residing on the premises and provided the total square footage of the permitted wall sign(s) and logo(s) do not exceed a combined area of l,000 square feet. Anchor tenants with 50,000 or more square feet of gross area may also include logos in their allowable wall signage but shall not exceed a maximum of 200 square feet per building face. Tenants between 20,000 and 49,999 square feet of gross area may also include logos in their allowable wall signage but shall not exceed a maximum of 100 square feet per building face. Businesses located on the second story and above may include logos into their allowable square footage for a combined total of 50 square feet. A permit is required for each logo that is being installed based on the square footage of the proposed logo. (65) Tenants. Tenants between 20,000 and 49,999 square feet of gross area shall be permitted a wall sign for each principal face of building. The maximum allowable sign area per wall shall not exceed 100 square feet per building face. Page 20 of 24 (76) Additional Wall Signage. In addition to the wall signage identified above, 12 additional wall signs shall be allowed on the exterior wall of the mall structure. These additional signs shall not exceed a combined square footage of 1,200 square feet, with no one sign exceeding 100 square feet. These signs will be located in a predetermined four-foot sign band on the structure which begins 17 feet six inches from grade. (87) Illumination from Signs on Non-Residential Property. External illumination shall be shielded so that the light source elements are not directly visible from property in a residential zone which is adjacent to or across a street from the property in the non-residential zone. Commentary: Housekeeping changes and removes “logos” section. 8.256 I-5 Commercial Sign District. Area Covered. The I-5 Commercial Sign District applies only to properties designated CC and NC that are within the geographically bounded area located on Map No. 2. (1) Single Businesses. Each business shall be permitted a maximum of four wall signs totaling a maximum of 350 square feet for all faces. (2) Freestanding or Roof Signs. Either one freestanding or roof sign shall be permitted per approved development areaproperty. The total area permitted for each freestanding sign shall be 100 square feet for one face or 200 square feet for two or more faces, with a maximum height of 20 feet above grade. (3) Second Story Businesses and Above. Each business shall be permitted two wall signs per business with a maximum sign display area of 175 square feet. (4) Additional Freestanding Sign. Each approved development areaproperty shall be permitted one additional freestanding sign. The total area permitted shall be 200 square feet for one face and 400 square feet for two or more faces, with a maximum height of 65 feet above grade. The additional freestanding sign that is over 100 square feet shall be installed at a minimum of 30 feet in height from grade to the bottom of the sign. (5) Logos. Logos are allowed in addition to the permitted wall signs listed above provided the logo is the logo of the business residing on the premises, and provided the total square footage of the permitted wall signs and the logos do not exceed a combined area of 350 square feet for single story businesses and 175 square feet for second story businesses. A permit is required for each logo that is being installed based on the square footage of the proposed logo. (65) Illumination From Signs on Non-Residential Property. External illumination shall be shielded so that the light source elements are not directly visible from property in a residential zone which is adjacent to or across a street from the property in the non-residential zone. Commentary: Housekeeping changes and removes “logos” section. 8.258 Light-Medium, Special Heavy. Industrial and Heavy Industrial Sign Standards. (1) Maximum Height. The maximum height for all signs is 30 feet from grade to the top of the sign. (2) Single Businesses. Each business shall be permitted a total number of four wall or projecting signs with a maximum of 350 square feet for all faces. Page 21 of 24 (3) Freestanding or Roof Sign. In addition to wall signs permitted above, one sign from this group shall be permitted for each approved development areaproperty. The total area permitted shall be 100 square feet for one face or 200 square feet for two or more faces. (4) Directional Additional Freestanding Signs. Each property approved development area of at least five acres shall be permitted one directional additional freestanding sign of 200 square feet for one face and 400 square feet for two or more faces. (5) Logos. Logos are allowed in addition to the permitted wall signs listed above provided the logo is the logo of the business residing on the premises and provided the total square footage of the permitted wall signs and the logos do not exceed a combined area of 350 square feet. A permit is required for each logo that is being installed based on the square footage of the proposed logo. (65) Illumination from Signs on Non-Residential Property. External illumination shall be shielded so that the light source elements are not directly visible from property in a residential zone which is adjacent to or across a street from the property in the non-residential zone. Commentary: Housekeeping changes. Abandoned signs, including billboards, fall under SMC 8.232. 8.260 Billboard District. (1) Application. The Billboard District standards apply to all signs located in the geographically bound areas in Map No. 3 that are greater than 200 square feet for a single face and not otherwise permitted in this code. The number of billboards contained in the Billboard District shall not exceed 38 signs within the city of Springfield city limits and nine in the Glenwood Designated Billboard District. All signs that are located outside the designated Billboard District or fail to meet the sign face requirements, shall be considered non-conforming. The billboard standards shall apply to all billboards located in the areas designated on Map No. 3. Prior to any site work, the applicant must provide the city with an approved permit from the state of Oregon for the placement of the billboard at the specified proposed location under the Oregon Motorist Information Act of 1971 (ORS 377.700 et seq.) (2) Spacing Between Billboards. All billboards located in the Billboard District along I-105 and I- 5 shall be spaced a minimum of 500 feet apart. All other designated zones shall permit billboards to be located a minimum of 150 feet apart as measured from the center line of the adjacent street. (3) Height. All billboards shall be installed at a minimum of 16 feet, and a maximum of 30 feet in height to the bottom of the sign. Interchanges located on I-105 and I-5 may permit billboards to be installed at a maximum of 45 feet in height to the bottom of the sign. (4) Sign Face Requirements. All billboards installed along I-105 and I-5 shall be a maximum of 14’ by 48’ (672 square feet total) or 10’ by 30’ (300 square feet total). Double faced or one sided billboards shall be considered as one sign and each side may not exceed the allowable size as listed above. (5) Billboard Districts: (a) Main Street and South A Street (North/South frontage): (i) 11th Street to 46th Street. (ii) Chapman Lane to 57th Street. (iii) South A Street from 11th to the intersection of Main Street. (b) Highway I-105: (i) Eastbound only from Mohawk Boulevard to 42nd Street. Page 22 of 24 (ii) Westbound from 52nd Street to the intersection of Highbanks Road (approximately 2,500 feet). (iii) Westbound from 42nd Street to I-5. (c) I-5 Northbound from I-105 to Old Coburg Road underpass. (d) Beltline Road from Gateway Street to I-5. (e) Harlow Road from Gateway Street to 1-5. (f) Shelly Street westbound from Laura Street (southern street frontage only). (g) I-5 Northbound from milepost 190.5 to I-105, East side of I-5 only—Glenwood Billboard District. (h) South side of Franklin Blvd from the west side of Henderson Avenue to East Side of I-5— Glenwood Billboard District. (6) Relocation of Existing Billboards. The relocation of all billboards located within city limits shall receive priority over signs currently located outside of city limits. (7) Abandoned Billboards. Billboards shall be considered abandoned and shall be removed if left vacant and/or left in a state of disrepair for more than 90 days. (Section 8.232(4) Springfield Sign Code.) Commentary: Housekeeping changes and removes “logos” section. 8.262 Public Land and Open Space District. (1) One freestanding sign shall be permitted at each entrance and shall not exceed 32 square feet for all faces. The total sign height shall be a maximum of five feet above grade. In addition to the freestanding sign, three wall signs shall be allowed not to exceed a total combined square footage of 40 square feet. (1) Logos. Logos are allowed in addition to the permitted wall signs listed above provided the logo is the logo of the business residing on the premises and provided the total square footage of the permitted wall signs and the logos do not exceed a combined area of 40 square feet. A permit is required for each logo that is being installed based on the square footage of the proposed logo. (2) Illumination from Signs on Non-Residential Property. External illumination shall be shielded so that the light source elements are not directly visible from property in a residential zone which is adjacent to or across a street from the property in the non-residential zone. Commentary: Housekeeping changes and removes “logos” section. 8.264 Special Light Industrial District. One freestanding monument sign shall be permitted for each entrance to special light industrial districts and at each entrance to approved business parks. The monument sign shall conform to the freestanding sign standards below and shall be permitted in addition to signs allowed for individual businesses as follows: (1) Single Business. Each business shall be permitted a total of three wall signs not to exceed a maximum of 150 square feet for all faces. (2) Freestanding Signs. Each property development area shall be permitted one freestanding sign. The total area permitted shall be 100 square feet for one face and 200 square feet for two or more faces. The maximum height for all freestanding signs shall be a total of six feet to the top of the sign. Page 23 of 24 (3) Logos. Logos are allowed in addition to the permitted wall signs listed above provided the logo is the logo of the business residing on premises and provided the total square footage of the permitted wall signs and the logos do not exceed a combined area of 150 square feet. A permit is required for each logo that is being installed based on the square footage of the proposed logo. (43) Entrance Signs. In addition to the freestanding sign identified above, each propertyapproved development area shall also be allowed a freestanding sign at each vehicular entrance to the property. These signs shall not exceed 18 square feet for one face or 36 square feet for two or more faces and shall not exceed four and one-half feet in height. (54) Illumination from Signs on Non-Residential Property. External illumination shall be shielded so that the light source elements are not directly visible from property in a residential zone which is adjacent to or across a street from the property in the non-residential zone. Commentary: This section is proposed to be combined with the residential sign district standards for churches and public institutions. Outside of residential districts, these signs would be subject to the more generous regulations in the underlying zone. 8.266 Schools. Every public, federal or state funded school shall be allowed a maximum of three wall signs not to exceed a total combined area of 80 square feet and one freestanding sign not to exceed 40 square feet. Neon signage will not be allowed. (1) Logos. Logos are allowed in addition to the permitted wall signs listed above provided the logo is the logo of the business residing on the premises and provided the total square footage of the permitted wall signs and the logos do not exceed a combined area of 80 square feet. A permit is required for each logo that is being installed based on the square footage of the proposed logo. (2) Illumination from Signs on Non-Residential Property. External illumination shall be shielded so that the light source elements are not directly visible from property in a residential zone which is adjacent to or across a street from the property in the non-residential zone. Commentary: Housekeeping changes and removes “logos” section. 8.267 Sports Facility Sign District. The Sports Facility Sign District is designated on Map No. 4. The following combination of signs shall be permitted for property within this District this approved development area because of its unique size and uses within the area: (1) Wall Signs. In addition to the freestanding signs, the property approved development area may have wall signs at each building public entrance. The total allowable area for all such signs shall be 400 square feet. No single sign shall exceed 100 square feet. (2) Freestanding Signs. (a) Two freestanding signs shall be permitted for each propertyapproved development area. The freestanding signs shall be limited to 50 square feet per face, or 100 square feet for two or more faces, with a maximum height of 10 feet. (b) One additional freestanding sign will beis permitted at each vehicular entrance. Each sign will beis limited to 25 square feet for all faces with a maximum height of 2.5 feet. (3) Logos. Logos are allowed in addition to the permitted wall signs listed above provided the total square footage of the permitted wall signs and logos do not exceed a combined area of 400 Page 24 of 24 square feet. A permit is required for each logo that is being installed based on the square footage of the proposed logo. (43) Murals. Murals are allowed as an artistic painting applied to and made integral with a wall surface. To be exempt from permits, murals shall not include logos or lettering. (54) Illumination from Signs on Non-Residential Property. External illumination shall be shielded so that the light source elements are not directly visible from property in a residential zone which is adjacent to or across a street from the property in the non-residential zone. Commentary: Housekeeping changes and to replace the content-based requirements for directional signs with a generic freestanding sign of the same size. Because the hospital is already constructed, this change should have little practical impact. 8.268 RiverBend Development District. The RiverBend Development District is designated on Map No. 5. The following combination of signs shall be permitted for this approved development areaproperty within this district due to its unique size and the number of structures located within the approved area: (1) Wall Signs. Wall signs shall not be allowed with the exception of street address identification of the building(s). (2) Freestanding Signs. (a) Two freestanding monument signs shall be permitted for each approved vehicular entrance off Martin Luther King Jr. Parkway to the RiverBend Development. Each monument sign structure shall be limited to 16 feet in height above grade, 70 feet in length, five feet in width with the lettering not to exceed 60 square feet for each sign per side. (b) In addition to the above- mentioned monument signs, an additional freestanding directional signs shall be permitted with a maximum height of 10 feet above grade, seven feet in length, three feet in width, with lettering area not to exceed 45 square feet per side. (c) Also, each additional building on the approved development site will be permitted two additional freestanding signs not to exceed seven feet in height, 12 feet in length, four feet in width, with lettering not to exceed 30 square feet per side. (d) One additional freestanding sign will be permitted to identify the development area. This monument sign shall not exceed nine feet in height, 40 feet in length, four feet in width, with the lettering not to exceed 50 square feet per side. (e) Additionally, two monuments signs may be placed at a location designated by the property owner not to exceed 16 feet in height, five feet in length, three feet in width, with lettering not to exceed 16 square feet per side. (f) Location of this district will be limited to properties referenced on Map No. 5.