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HomeMy WebLinkAboutOrdinance 6389 10/15/2018 CITY OF SPRINGFIELD, OREGON ORDINANCE NO, (GENERAL) AN ORDINANCE UPDATING THE CITY OF SPRINGFIELD"S SIGN REGULATIONS B AMENDING Pl IN FIELD MUNICIPAL CODE SECTIONS 8.202, 8w208j, 8.2101 5.2181 8.232{ Sm2341 8h236, 8w2381 8m240, 8m242, 8.244, 8.246r 8-248r &2SOr 8m2S2, 8m254l 8m2561 8m2SSr 8m260.f 8.262, 8.264f 8m267F 8m268jr 2.568 AND 2.572; REPEALING SECTION ;266; A N D ADOPTING A SEVERABILITY CLAUSE. WHEREAS, the city of Springfield has adopted comprehensive sign regulations in Springfield Municipal Code (SMC) Sections 8.200 through 8.268 for the purposes as stated in SMC .200{ and the city Council now finds it appropriate to update and amend those regulations; WHEREAS., a public hearing was held on October 1, 2018, regarding the proposed code amendments,- WHEREAS,, mendrant {1 HEi EA ,, the City Council finds that exterior sign have a substantial impact on the character and quality of the environment; WHEREAS,EA , the City Council f=inds that signs provide an important medium through which individuals may convey a variety of messages; WHEREAS, the city Council finds that signs can create safety hazards that threaten the public health, safety or welfare; and such a safety threat is particularly great for signs that are structurally inadequate, o r that may confuse or distract drivers or pedestrians, or that may interfere Frith official directional or warning signs; WHEREAS, the City Council finds that signs can also threaten the public welfare by creating aesthetic concerns and detriments to property values; such aesthetic concerns and detriments to property values are particularly great rhea an accumulation of signs results i n visuai clutter, or when one or more signs spoil vistas or views, or when one or more signs add or increase commercialism in noncommercial areas{ WHEREAS., the city has adopted sign regulations i n an effort to foster adequate information and means of expression and to promote the economic viability of the community, while protecting the City and its citizens from a proliferation of signs of a type, size{ location and character that would adversely impact the aesthetics of the co m m u n ity or threaten health safety or the welfar of the comm unit ; and whereas the appropriate regulation of the physical characteristics of signs in the city and other communities has had a positive impact on the safety and the appearance of the community; WHEREAS, these regulations are adopted through the City ofpri ng f i e ld's broad home rule authority under the Chapter II of Springfield City Charter; WHEREAS, under the United States and Oregon Constitutions, the City may adopt content-neutral time., place, and manner regulations for the construction,, placement, and use of signs; WHEREAS, except where specifically noted in the staff commentary provided to the City Counck in the October 1, 2018 City Council agenda packet, these amendments to SMC 8.200 through 8.268 are not intended to and shall not be interpreted to restrict speech on the basis of its content, viewpoint, or message; Ordinance, Page 1 of NOW, THEREFORE,I E, THE COMMON UN IL OF THE CITY OF SPRINGFIELD ORDAINS AS FOLLOWS: Section 1. Springfield Municipal Code Sections 8.202, 8.208{ 8.210, 8.218{ 8.232{ 8.234{ 8.236{ 8.238, 8.240, 8.242, 8.244, 8.246{ 8.248, 8.250, 8.252; 8.254, 8.256; 8.258, 8.260; 8.262, 8.264, 8.267, 8.268, 2.568 and 2.572 are amended as shorn in Exhibit A. Section 2. Springfield Municipal Code Section 8.266 is repealed. Section 3. Savings Clause. Except as specifically provided herein, Cha Ater 2 and Chapter of the Springfield ,Municipal Code shall continue in full force and effect. Section 4. Severability Clause. If any section, subsection, sentence{ clause, phrase or portion of this Ordinance is, for any reason, held invalid or unconstitutional by a court of competent jurisdiction., such Portion shall be deemed a separate, distinct, and independent provision and such holding shall not affect the validity of the remaining portion hereof. ADOPTED by the common Council of the City of Springfield this day Of October~ + 201 by a vote of 6 for and against. APPROVED by the Mayor r of the City cfpri n field this day of nc t n h pr * �. air ATTEST: r Citi corder L REVIEWED PPR D ;A FOS Ir AT?EAg.-: I > OFFICE ATTORNEY Ordinance, Page 2 of ORDINANCE NO. 6389 Exhibit A. Page 1 of 17 EXHIBIT A Section 1. SMC 8.202 is amended to read as follows: 8.202 Definitions. The meaning of specific teras pertaining to the regulation of signs are: Abandoned a . A sign structure not conta i ping a sign, not in use, or in a state of disrepair for a continuous 90-day period. A sign may be considered not in use when the property where the sign is located ceases to be in u se. Approved Plastics. As defined in the current Oregon Structural Specialty Code (OSSC), as adopted by the rimy of Springfield. 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 cha rged with the administration and enforcement of the State Building Code. 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, a s ociation f or limited lisbiIity company. Copy Change. The replacing of an existing advertising copy and/or sign face to reflect an image change without altering the existing sign structure. V i rector. The Development and Public Works Director. D i lay.Surface Area, The area enclosed by the display surface of the sign excluding tru u ra supports. only one face of a double faced sign shall be considered in determining the display surface area. Double-Faced dig n. 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 i n. Any sign containing electrical wiring which is attached or intended to be attached to an electrical energy source and provides artificial right either through exposed lighting on the sign face or through transparent or translucent material from a light source within the sign. Ecce m t. Sig ns e em pted from no rrna I perm it req u i reme nt f however, sti 11 su bject to these 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 1 n pu rsu it of i nsta I I i rig a sig n. Flashim 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. An approved electronic reader board is net a flashing sign. Freestanding Sign. A sign supported by one or more uprights i n the ground and detached from any building or structure. ORDINANCE No. 6389 Exhibit A. Page 2 of 17 Grade. The lowest elevation point of the finished ground su rface directly below or at the sign location, and any point within five e feet from the sign location. If the sign or any projection is within fire feet of a public sidewalk, alley, or other public gray, the grade will be the elevation of the sidewalk, alley or public way. Install. This term shall mean attach, place, alter, construct, reconstruct, enlarge or more, and incl odes the painting of wall signs, but does not include copy changes on any sign. 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, l ass or plastic. Murals. A hand-painted work of vi uaI a rt applied to and made integral with a gall surface. m u ra l does not i ncl ude meth a n ica I lir-prod aced or corp p ute r-g enerated prints or i mages, i ncl ud i ng but not limited to digitally-printed vinyl, electrical or mechanical components, or changing image displays. Non-Structural Trim. Material which is molding, battens, caps., nailing stripsf [attici ng, cutouts or letters and walkways which are attached to the sign structure. Portable Sicio. A single or double faced sign whir h is temporary in nature. The S-ign or sign fra m e is not attached permanently to the building or ground and does not meet the definition of a banner. A-Fra me Sig n. An ad erti si n g device that is u su a I ly i n the sha pe of a n "A"', located on the g rou nd and is easily movable. Pro1Q.Uing SJon. Any sign other than a wall sign that projects more than 1 inches from an exterior wall. PropeLbj. The area contained wilthin a lawfully-created lot or parcel or the development area as defined in Springfield Development Cede Section 6.1-110, whichever area is larger. otati nQ Sion. A sign which roves or rotates as if on an axis. Roof g n. A sig n corp structed upon o r a bo e a roof or pa ra pet of a structu re. , A na mef Identification, description, display, iIIustrationf or logo that is affixed to f 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. Signs that are located completely within an enclosed building, and not exposed to view from a street, are not subject to this code. The scope of the term "sig n F'does not depend on the content of the message or image being conveyed. Sign Cor)y- Any lettering placed on a building gall or on a sign face. Sign Face. The entire area of a sign on which copy may be placed. Sign Height. The vertical distance frorn grade to the highest point of a sign or a sign structure. Sign Structure. Any structure vvhich supports or is capable of supporting a sign as defined in this code. Temporary Sign. A tem porary sign is any sig n, banner, pennant, balloon or va la nce riot permanently attached to a building,. structure or the ground. U nde r Ma Lq uee Sign. A sig n wh ich is a tta ched on ly to a m a rq uee a nd which is su spended or projects downward from a marquee and has no portion of the sign above the bottom surface of the marquee structure. Wall SIgLn. 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 cage or overhang and not classified as a projecting sign in section 8.202. Signs placed on, attached to or constructed on a canopy, a n i ng or oRDfHE NO. 6389 Exhibit Af Page 3 of 17 ma rq uee, whether o r n of su ch structu res a re located i n the pu bi is rig ht-of-way, a re a I so corp sid erect wall signs. Section 2., SMC 8.208 is amended to read as follows: .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 H i h 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 StandpipQs. 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) Clea ra nce.a rid Access, Roof S kg res. No sig n sh a I I obstruct a ny open i rigs to s uch a n 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) SAdjacent to Wall Openinq5. Exterior signs 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 Allev. No sign or sign structure shall project into a public alley below a h Ight of 14 feet above grade, nor project more than 12 inches where the sign structure is located 14-16 feet above grade. The sign or sign structure may project not more than 36 inches into the public alley w here the sign or sign structure is located more than 1 feet above grade. (c) Clearance from Streets. Signs shall not project within two feet of the curb lire, as measured at the face of the curb nearest to the street or roadway. In the absence of a curb, the curb lire 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. Section 3. SMC 8.210 is amended to read as follows: 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 m i n i m um of 15 feet from the cu r in order to be considered for an exemption from the fire-foot setback from any property line. o sign shall be located within the vision clearance area a defined in the Springfield Development Code. All signs shall be located entirely on private property unless they are located E n the Downtown Sign District where projection over the right-of-way is permitted with the appropriate insurance reguirements. ORDINANCE O,6389 Exhibit A, Page 4 of 17 Section 4. SMC 8,218 is amended to read as folio s: 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 p rf ied in the Electrical Specialty Safety Cede. Sign permits shall be issued only to contractors licensed i n accordance with city and state regulations, or any property owner or a designee recti ng 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 a pp f i cation (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 sca I ed plot pla n with bu i Id'i ng d i mens i o ns, setback a nd locatio n 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 i n addition to the above requirements if a gall mounted sign will be erected. (c) A description of materials, anchors, footings and attachment systems shall b provided. (d) For all freestanding 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 sig rage on the property or associated Frith the business. f If the a pp kcation i s 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 eq. prior to the ere ion of the billboard. (2) 'Permit-Fees. Sign permit fees for permanent and tern porary signs, c[ud i ng ei ectrica I f shall be set by resolution of the council. only one face of a double-faced sign i I E be used for calculation purposes. Each sign shall be considered separately hen calculating plan review and sign permit charges. (3) Temporary Sign Permit Fees. Four permits on each property shall be permitted per calendar year. The fee for each permit shall be set by resolution of the cou nc-1I. No temporary sign(s) shall be larger than 60 squa re feet and be erected for a magi mum of 30 con secutive days per each permit. The temporary signs shall be located completely on private property ty a rid shall be in compliance with the required setback5 as identified in this code. If any temporary signs are erected without fi rst obta i;n i rig a pe rm it, th e perm i t fee sha I I be doubled. Th is s ubsecti o n does not a pply to ternporary signs that are exempted under section 8.234 of this code. (4) Permit Issuance. (a) Compliance. The building official shall not issue a permit unless the sign and its location are fn 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 i s not installed within 180 days after the date the permit is issued, or an inspection reque ted to verify progress of the ORDINANCE No, 6389 Exhibit A, Page 5 of 1 proposed i n sta I I ation, the permit s ha I I be void. the bu i Id ing officio l may extend a n une pi red sig n perm it for a period not exceed-I rig 180 days u pon written req uet by the permittee showing that circumstances beyond their control have prevented work on the sign. No permit shall be extended more than once. (5) Penally Fees. The fee for any sign permit where the applicant begins work (and/or erects or re-erects a sign prior to obta C n i ng a sign permit, shall be double the fee specified by resolution of the city council. (6) Insurance. 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 i ns u ra nce sufficient i n the j udg rn ent of th e D i recto r to save the city a nd its em ployees ha rmless against any injury or damage resulting from the permitted sign. This policy must be maintained in full force and effect during the time the sign remains over public property and must contain, a requirement of notice of cancellation to the city. Section S. SMC 8.232 is amended to read as fol logs .232 Non-Conforming and Abandoned Signs. (1) For the purpose of this section, a non-conforming sign is a sign that was legally established on the effective date of this ordinance, but which does not fully cora ply with the current sign regulations. (2) Damacied Non-Conform in q Signs. Any non-conforming sign da mag ed by a ny means to the extent of more th a n 50 percent of its replacement cost or sig n a rea at the ti me of da mag e m ust be removed or reconstructed in conformance with this code. (3) Enlarclina Von- onformincl Signs. No non-conforming sign may be enlarged or altered in a way that would increase its nonconformity. (4) ins. Abandoned silgins shall be removed or replaced in conformance with this code. (5) Existing Non-Con form i nci Sim. When an application is rade for neer signs on property which has existing non-conforming signs, perm its may be 'issued for the new signs in accordance with the provisions of this code, provided that the new signs together with the existing signs do not exceed the allowable number and types of permitted signs. Section 6. SIVIC 8.234is amended to read as follows: 8.234 Exempt Signs. The following signs or operations are permitted without a sign perr-nit, but shall adhere to the standards listed below: (1) Cha m i n cl ofCopy/Face Chang . Changing of copy or face change on signs specifically designed to allover 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 I maint nance and repair does riot include structural changes, removal and replacement, copy changes or the addition of e lectrlca I wiring. ORDINANCE Ivo. 6389 Exhibit A, Page 6 of 1 (3) Govern ment Government signs are sagas that are required to be constructed, placed or maintained by the federal, stag or local government either directly or to enforce a property owner's rig hts and a I I 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 inter st, 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 rig ht-of-way, and signs owned or constructed or placed under th direction or authorization of the City. (4) Under a rq ueei_fin__. 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. (5) Exempt Temporary r or Srna I I ice. Signs exempted under the following provisions shall not be tacl ed f 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. a one sign with a sign face no larger than 3 square feet may be located on a property at any time. (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 5 days after an election involving candidates for a federal, stag or local office that represents the district i n which the property is located or involves an issue on the ballot of an election within the district where the property is located. (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 or for lease through a property management company; (ii) If not offered for sale through a real estate agent or lease through a property management company, when the sign Is owned by the property owner and that property is offered for sale or lease by the owner; and (iii) For a period of thirty days following the date on which a contract of sale or I ea se agreement has been executed by a person purchasing or leasing the property. (d) one tempora y sigh with a sign face no larger than 3 square feet may be located on a property in a residential zone when the property owner i5 opening the property to the public; provided, however, the owner may not use W5 s type of sign for more than tern consecutive days or for more than two separate occasions per calendar year. e Two temporary signs with sign faces no larger than 32 square feet each may be located on a property when permitted construction work i s being conducted on the property, (6) 1 i ndo Liv Sig n s. S ig ns that a re perm a n ntly or term porn ri I y attached to the i n to rior of a i ndow or that con si st of pa i rpt or ad hesi e vi nyl f I m a ppl ied to either side of a pri ndo . (7) Stadium Sighs. Signs located within a sports stadium or athletic fieCd which are intended for viewing primarily by persons within the stadium. (8) Invisible lis. The primary purpose of invisible signs is to a f ow information to be vievved from 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 including but not limited to building ORDINANCE NO. 6389 Exhibit A, Page 7 of 17 identification within a large complex, internal directional signs, and safety award signs. All outside locations are to be reviewed and approved b the building official pr+or to 'installation. (9) Neighborhood Watch. Drug Free Zone, Business.Alert, and Safe Place . Neighborhood Watch, Business Alert, Drug Free zone and Safe Place signs shall be located solely on private proper. Sign area must not exceed six square feet per sign face. Signs must be located outside the vision clearance area a defined i n the Seri ngfie ld Development Code. (10) Drive-Up Signs. Signs placed in a driveway specified for drive-up transactions shall be located out of the front ya rd setback a rid vii I I be located where the pri m a ry viewi ng l s to th e d rive- up customers. Maximum Leight of this sign will be eight feet and maximum size will be 40 square feet. Each drive-up will be limited to two signs through exempt status,. which may include electronic sig ns. Add iti o na I s Igns i n the d rive-u p a rea wi I I be cou rated i n the permitted a I Iowa ble sig ns. fo r the district i.e., counted as one wall sign if placed on the structure). (11) Pring Lot_ icon s. Signs for accessible parking ng and towing zones on private property shall be allowed without obtaining a sign permit. These signs shall not exceed six square foot 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 property. All signs shall be permanently attached either to a building or secured in concrete. (12) Murals. A mural on a wall located in a commercial, public land, or industrial zone. (13) Secial Event Signs. Signs aHo ed as part of an approved city special event license under Sections 7.4013 through 7.422 of this code. (14) Signs. Each business located in areas zoned other than residential are allowed to place two -frame signs on their property. Each A-Frame sign shall not exceed t O feet by three feet per face. -frame signs shall be located on private property ncere practicable. When placid i n the public right-of-way, -frame signs must not create a hazard or interfere with pedestrian or eh i u I a r travel. Sig n s rn ust be placed to co nfo rrn to a I I releva rpt portion s of the America res with Disabilities Act, and maintain a contl n uou s, clear sidewalk width of 36 'inches or more. Signs must be placed to avoid canfiict 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 must not be similar to any traffic control device as determined by the city traffic engineer. Section 7. SMC 8.236 is amended to read as follows. 8.236 Prohibited Signs. The following signs are prohibited: (1) with a Traffic Control Device. Any sign blocking or creating confusion with a traffic control device. (2) 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. (3) Rotati ng or Flashing Signs. Signs in which the sign face moves or lights fl ash, travel or reflect. This does not include approved, permitted electronic reader boards. (4) Portable Signs. A sign that is not permanently anchored to a building or the ground in accordance with section 8.204 of this code, except a sign allowed urider subsection 8.234 of this code or approved under a temporary sign permit under section 8.218(3) of this code. ORDINANCE NO. 6389 Exhibit A. Page 8 of 17 (5) Posters. Any sign attached to any tree or public utility pale. (5) Emitting Signs. Any sign that emits an audible sound, odor or risible matter. (7) Exterior Fencing. No signs that are viewable from the exterior of the property are allowed to he 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. (8) Signs in the public right-of-way not authorized by a government agency. (9) No sign shall be illuminated or use fighting 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. Section 8. SMC 8.238 is amended to read as follows: 8.238 Appeals. (1) Those who wish to erect a sign that is either karger than authorized by this sign code or a sign that is nonconforming in some other respect may apply for a modification permit or variance 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 applicahle dimen sEon 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. {3} The Director may approve a modification according to the fallowing criteria: (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) Create a vision clearance hazard for pedestrians, motor vehicles or bicyclists; or (ii) Create a hazard for fire prevention or fire suppression; or (iii) Public safetyis compromised; and (c) The applicant's need for a modification is not self-imposed. (4) A variance is a request for a sign that does not con form 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. (5) The Director may approve a variance according to the following criteria: (a) There are unusual conditions associated with the property and structure affecting the ability to comply with the standards of this Cade; and (b) Granting of the variance would not have any of the following adverse effects an neighboring properties: (i) Create a vision clearance hazard for pedestrians, motor vehicles or biCyC15C5; 01" (i1) Create a hazard for fire prevention or fire suppression; or [iii] Public safety is compromised; and ORDINANCE No. 6389 Exhibit A. Page 9 of 17 (c) The need for the variance has nc)t arisen solely from a previous code violation; and (d) The need for a variance is not self-imposed; and (e) There are not other practical alternatives available that better meet the pro i Sion of the Springfield Sign Code and its purposes as set forth in section 8.200. (6) A decision to a pprove a mod ificat on or va ria nce epi res one yea r after the date of approval if the applicant does not construct, erect, alter or complete the subject sign. The Director may grant an extension not to exceed one year, provided that the extension does not conflict with stag law regarding expiration of pernnits including but not limited to the expiration of any building permit. The building official's I's decision to doer a sign permit or approve with conditions may be appealed to the Director Frithkn 15 days of the decision. The Director will issue a decision within 30 days. (8) The Director's decision to deny a sign permEtf modification, or variance., or to approve such application with conditions, is appealable to the city Manager within 15 days of the Director's deci sion. The city Ma n ager Wi I I i ss ue a deci sion withi n 30 d ays. (9) The Oty a n ager"s decision may be appealed to the City Council within 15 days of the deci sion. The Cou n i I ori I I con cider the City Ma nager"s recon mendati o n a rid a I I other evidence presented including oral or written testimony from the applicant. The council will affirm, modify, or reverse the City Tanager's decision. The Council's decision and any findings will be rendered in writing. The Council"s decision is final. Section 9. SIVIC 8.240 is amended to read as follows: .240 Residential District Sign Standards. The following sEgn standards have been established for residential districts and for public land and open space that is directly adjacent to a residential district. (1) Horne occu Dation. Each s i ng le fa m i lir c r d u Alex dwel I i ng u n it with a permitted leo me occupation per section 4.7-165 of the Springfield Development code is allowed one non-i I I u m i hated wall sign of not more than one and one-half square feet. (2) Multifamily, Mobile Horne Parks, Day Care Facilities, 5ubdivi5ions, Group Care Facilities and Bed.and Breakfast Facilities. Each multiple-family dwelling complex, mobile horne park, adult day care or child care center., residential subdivision, group care facility, and bed and breakfast facility 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 area. The maximum height for f re standing Signs shall be fire feet above g rade. The maxim urs height for wall signs Sha II be 20 feet above grade, provided that in no case shall a vialI sign extend above the building wall. Internally illuminated signs are prohibited. (3) Non-Residential Professional Offices. Each propel shall be I i mited 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 net to exceed eight square feet. Internally lighted signs are prohibited. ORDINANCE No. 6399 Exhibit A. Page 10 of 17 (4) Institutional lases. Each property containing a permitted church, school, park or other institutional use shall be limited to a maximum imum of three wail signs not to exceed a combined area of g square feet, and two freestanding signs not to exceed a combined area of 40 square feet. Freestanding signs or wall signs shall not be more than eight feet above grade. Each detached building shall be perms tied one additional gall sEgn not to exceed eight square feet. Interna[l - lighten signs are prohibited. Section 10. SMC 8.242is amended to read as fellows: .242 H-Historic Overlay District. The size, color, design, materiaI, and location of all signs within the Historic verlay District shall comply with the standards in Section 3.3-900 of the Springfield Development Code. The addition or alteration of a sign shall be reviewed by the historic com mission at the time of a ny major or minor alteration to a historic landmark structure. (1) Historic Landmark Plaques. to nda rds for the design, size, material., placement and content of h istoric house plaq ues sh a I I be a p p roared by the h istori c cc m m i ssion a rid kept on fl le with the development services director. (2) Special Use Signage. For uses identified in the Springfield Development Code, Section 3.3- 935.13, . - g5.13, one of the following shall be permitted: (a) One freestanding or wall sign of not more than eight square feet for one face a n d 16 square feet for two faces where frontage exists on a collector or an arterial street. One freestanding or gall sign of not more than four square feet for one face and 8 square feet for two faces where frontage exists along a I o>ca I 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) Ire addition, an entrance identification sign of not more than one and one-half square feet shall be permitted. Section 11. SMC 8.2-44 i s amended to read as fol lows .244 General Office Sign Standards. (1) Businesses. when only one business occupies a building, the 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. Multiple Businesses. when multiple businesses occupy the same building, each business shall be allowed one 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 sign shall be in lieu of the wall signs permitted in subsection (1). (3) Pry Si- n . In addition to the signs named above, each property shall be alawed one free to rid i rig sig n of not more tha n 100 sq ua re feet for one face, or 200 sq ua re feet fo r two or more faces. The maximum height for this sign shall be 12 feet above grade. (4) Illumination from Signs on Non-Residential Prop rt r. External illumination shali be shielded so that the light source elements a r not directly isi bl from property in a residential zone adjacent to or across a street from property in the non-residential zone. ORDINANCE Ivo. 6389 Exhibit A, Page 11 of 17 Section 12. SIVIC 8.246 is amended to read as f of logs: .246 Neighborhood Commercial.. (1) Each property in a NC District shall be allowed one freestanding sign not to exceed 40 sq u a re feet per sig n face, with a maxi nn u r n size of Bg sq ua re feet for two or more faces. Th i s sig n 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 Ery total height above grade. Wall signs are also prohibited from being internally illuminated. (2) Rumination from Signs on Non-Residential FroQ External illumination shall be shielded so that the light source elements are not directly vi si ble from property in a residential zone adjacent to or across a street from property in the non-residential zone. Section 13. SMC 8.248 is amended to read as follows: 8.248 Community Commercial and Major Retail Commercial District. These standards apply for a I I property located i n CC or MRC Districts except those located in the Downtown Sign District., I-5 Mall Sign District and the 1-5 CommerciaI Sign District: (1) Businesses, When only one business occupies a building, the business shall be permitted a maximum n umber of four waII signs totaling 350 square feet for all faces. (2) Freestandinci, Roof and Projecting Signs. In addition to wall signs permitted above, one sign from this group shall be permitted for each property. 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) Illumination from Signs on Non-Residential Prorertv. External i I lu rninat�on shall be shielded so that the light source elements are not directly visible from property in a residential. zone adjacent to or across a street from property in the non-residential zone. Section 14. SMC 8.250 is amended to read as follows: .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 Sign . Each business shall be allowed the following (a) First Storer 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 bOI ng gall. (2-) Freestandincl,.projecting or Roof i res. Each building shall be permitted one freestanding sign f projecting sign or roof sig n which shall be limited to a maxi m u m area of 80 square feet for one ORDINANCE No. 6389 Exhibit A, Page 12 of 17 face and 160 square feet for two or more faces. The maximum height for freestanding signs shall he 0 feet a eve grade. (3) Encroachment. The minimum Leight for all signs encroaching i n 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 u rd or driveway line. (4) Illumination from Sicins on Non-Residential Propertv. External illumination shall be shielded o that the light source elements are not directly visible from property in a residential zone adjacent to or across a street from property i n the non-residential zone. Section 1 . SMC 8.252 is amended to read as follows: 8.252 Booth Kelly Sign District. The area containing the Booth Kelly District Is defined in Article 19 of the Springfield e elopment Code. The following c mbination of signs shall be permitted for this property because of its unique size: (1) tall Sign. 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 Sicins. One sign of up to 200 square feet for one face and 400 square feet for two faces shall he permitted for the overall site. In addition, each property of at least 10 acres shall be permitted one freestanding sign of 2-00 square feet for one 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) Illumination from n Non-Residential Pro e . External illumination shaII he shielded o that the light source elements are not directly visible from property in a residential one adjacent to or across a street from property in the nor -residential zone. Section 1 . SMC 8.254 is amended to read as follows: 8.254 1-5 Mail District. The 1-5 Mall District is designated on Map No. . The follovving combination of signs shall be permitted for property within this district because of its unique size and the lack of street frontage for businesses and buEIding complexes located within the area: (1) Waif Signs. In addition to freestanding signs, the property may have wall signs at each primary entrance. The total aRowable area for all such signs shall be 1,000 square feet. No single sign shall exceed 400 square feet. (2) Freestanding Siq. (a) To freestanding signs shall be permitted for each property greater than 20 acres. The sign closest to I-5 shall be limited to 00 square feet for one face and 1,400 square feet for tvvo or more faces with a maximum height of 50 feet above grade. The other freestanding .sign shall be 11mited to 400 square feet per face, or 800 square feet for two or more faces, with a maximum hei ht of 30 feet. (b) One additional freestanding sign will he permitted at each vehicular entrance. Each sign will be limited to 25 square feet for all faces with a maximum Leight of 20 feet. ORDINANCE NO. 6389 Exhibit A, Page 13 of 17 (3) An chor Tena rets. Aneho r tern a nts with 5 01 Doo or more sgoa re feet of g rc)ss a rea sha I I be permitted a wall sign for each principal face of the building. The maximum allowable sign area per gall shall not exceed Zoo square feet per building face. (4) Second Sty Businesses and Above. Each structure with a second story business shall be permitted one gall sign that is a maximum of 50 square feet. (5) Tenants. Tenants between 20,000 and 49,999 square feet of gross area shall be permitted a gall sign for each principal face of building. The maximum allowable sign area per gall shall not exceed 100 square feet per building face. (6) Additional lulli-.rage. In addition to the wall signage identified above, 12 additional wall signs shall be allowed on the exterior gall of the mall structure. These additional signs shall not exceed a combined square footage of 1,2-00 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. (7) Illumination from Signs on Non-Residential PropeLO1. External illumination shall b'e shielded so that the light source elements are not directly orisible from property in a residential zone adjacent to or across a street from property in the non-residential zone. Section 17. SMC 8,256 is amended to read as follows: 8.256 1-5 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 1o. . (1) Burgle Businesses. Each business shall be permitted a rna imu m of four waII signs tot fi rig a maximum of 350 square feet for all faces. (2) Freestanding or Roof Signs. Either one freestanding or roof sign shall be permitted per property. 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 busies sha I I be permitted two wall signs per business with a maximurn sign display area of 175 square feet. 4 Additional Freesta rid i ri dig n. Each property shall be permitted one add itio�a I freestanding sig n. The tota I a rea perm itted s ha I I be 200 sq ua re feet for one face a nd 400 sq ua re feet for two o r 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 rrrinimum of 30 feet i n height from grade to the bottom of the sign. (5) Illurn ination from Siqns on Non-Residential Pro e . External illumination shall be shielded o that the fight source elements are not directly visible from property in a residential zone adjacent to or across a street from property in the non-residential zone. Section 1 . SIVIC 8.25 is amended to read as follows: .258 Light-Medium, Special Heavy. Industrial and Heavy Industrial Sign Standards. (1) Maximum He ht. The maximum height for all signs is 3 B feet from grade to the top of the sign. ORDINANCE No. 6389 Exhibit A, Page Irk of 17 (2-) Single Businesses. Each business shall be permitted a total number of four wall or projecting signs with a maximum of 350 square feet dor all faces. (3) Freestandinq or Raaf Sign. In addition to wall signs permitted above, one sign from this group shall be permitted for each property. The total area permitted shall be 100 square feet for one face or 200 square feet for two or more faces. (4) Additional Freestanding Signs. Each property of at least five acres shall be permitted one additional freestanding sign of 200 square feet for one face and 400 square feet for two or more faces. (5) Illumination from Signs an Nan-Residential brae . External illumination shall be shielded so that the light source elements are not directly visible from property in a residential zone adjacent to or across a street from property in the non-residential zone. Section 19. SMC 8.260 is amended to read as follows: 8.260 Billboard District. (1) Application. The Billboard District standards apply to all signs located }n the geographically found areas in Map No. 3 that are greater than ZDd square deet for a single fare and not otherwise permitted in this Bade. The number of billboards contained in the Billboard District shall not exceed 38 signs within the city of Springfield city kirnits 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 Si3lbaard District along I-145 and I-5 shall be spaced a minimurrt of 5 0 feet apart. All other designated zones shall permit hiElboa rds 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 a bave. (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. (ii) Westbound from 52nd Street to the intersection of Hight)anks Road (approximately 2,500 feet). ORDINANCE NO. 6399 Exhibit A. Page 15 of 17 (iii) Westbound from 42nd Street to I-5. (c) I-5 Forth bou ncJ from I-105 to Old Coburg Road underpass. (d) Be Itl i ne Road from Gateway Street to 1-5. (e) Harlovv Road from Gateway Street to 1-5. (f) Street westbound from Laura Street southern street frontage only). (g) 1-5 Northbound rid from milepost 190.5 to I-105, East side of 1-5 only—Glenwood 13'0 l board District. (h) South side of Franklin Blvd from the west side of Henderson Avenue to East Side of I-5—Glenwood Billboard District. (6) F elocat-lon of Existing Billboards. The relocation of all billboards located within city limits shall receive priority over signs currently located outside of city limits. Section 20. SMC 8.262is amended to read as follows: .262 Public Lard and Open Space District. (1) one freestanding sign shall be permitted at each entrance and shall not exceed 32 quare feet for all faces. The total sign height shall be a maximum of fire 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. (2) Illumination from_ ins on Ikon- es.id ntial Prop. External illumination shall be shielded so that the light source elements are not directly visible from property in a residential zone adjacent to or across a street from property ire the non-residential zone. Section 21. SMC 8,264 is amended to read as follows: .264 Special Light Industrial District. (1) 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: (2) Si ng le Bu si nes . Each bus i ness sha I I be perm itted a tots I of th ree gra I I si g res not to exceed a maximum of 150 square feet for all faces. (3) Freestanding Sins. Each propel shall be permitted one freestanding sign. The total area pe rm fitted sha l l be 100 sq u a re feet for one face a nd 2-00 sq ua re 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. (4) Entrance Sims. In add Rion to the freestanding sign identifed above, each property hal l 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. (5) Illumination from Signs on Non-Residential Prop External illumination shell be shielded o that the light source elements are not directly i si ble from property in a residential zone adjacent to or across a street from property in the non-residential zone. ORDINANCE Flo. 6389 Exhibit A, Page 16 of 17 Section 22. SMC 8-267 is amended to read as follows: 8.267 Sports Facility Sign District. The Spot Facility Sign District is designated on Map No. 4. The following combination of signs ha 11 be perm fitted for property with i n th is Di strict beca use of its u n iq ue size and uses with i n th e area: (1) Fall Sicn s. In addition to the freestanding signs, the property may have waII 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-) Freest .pd Ln,q Signs. (a) Two freestanding signs shall be permitted for each property. The freestanding signs shall be limited to 50 square feet per face, or 100 square feet for two or more faces, with a maximum hig ht of 10 feet. (b) One additional freestanding sign is permitted at each vehicular entrance. Each sign is limited to 25 square feet for all faces with a maximum height of 2.5 feet. (3) Murals. Murals are allowed as ars artistic painting applied to and rade integral with a gall surface. To be exempt from permits, murals shall not include IGgos or lettering. (4) Illumination from Siclfls on Non-Residential pry e . External illumination shall be shielded so that the light source elements are not directly isi bl e from property k n a residential zone adjacent to or across a strut from property I n the non-residential zone. Section 23. SMC 8.268 is amended to read as follows: 8.268 RiverBend Development District. The F i erBend Development District is designated on Map No. 5. The fo 110 Ing combination of signs shall be permitted for property within this district due to its unique size and the number of structures located within the approved area: (1) Wall i n . Wall signs shall riot be alleged 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 eh i cu Ia r entrance off Martin Luther King Jr. Parkway to the fir rBend Development. Each monument sign structure shall be limited to 16 feet in height above grade, 70 feet in length, fire 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 sign shall be permitted with a maximum height of 10 feet above grade, seven feet in length, three feet i n 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 « length, four feet in vvidth, with lettering not to exceed 30 square feet per side. (d) one additional freestanding sign will be permitted. This sign shall not exceed nine feet in height,, 40 feet in length, four feet in width, with the letter-Ing not to exceed 50 square feet per side. ORDINANCE N . 6399 Exhibit A, Page 17 of 17 (e) Additionally, two monuments signs may he 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. {0 Location of this district will be limited to properties referenced on Map No. S. Section 24. SMC 2.568 is amended to read as follows: 2.568 Jurisdiction of the Board. It shall be the duty of the board and it shall have the power, except as otherwise provided by law, to: (1) Determine the suitability of alternate materials and methods of construction and to provide for reasonable interpretations of the specialty codes enumerated in Articles 2 through S and 9 of the Building Safety Codes. Provided that, since city specialty code standards are required to be in compliance with state specialty cede standards, the board is not authorized to grant a variance to the state specialty codes. (2) Hear appeals frim the fire and life safety provisions of: (a) The structural specialty code and ire as specified in Article 2 of the building Safety Codes. (b) The mechanical specialty code as specified in Article 3 of the Building Safety Codes. (c) The latest edition of the Fire Code as adopted by the city. (3) Hear appeals regarding the abatement of unsafe, substandard or dangerous buildings, structures or building service equipment as provided in Article 1, Section 204 of the Building Safety Codes. (4) Hear appeals from the dousing Bade as provided in Article 7 of the Building Safety Codes. Section 25. SMC 2.572 is amended to read as follows: 2.572 Decision of the Board. (1) All decisions relating to the suitability of altercate materEals and methods of construction and the reasonable interpretations of the specialty codes are linol unless appealed, in writing, to the appropriate state board within 30 days of the board's decision. (2) A1l decisions relating to the fire and life safety provisions of the specialty codes and all fire code decisions are final. (3) All decisions relating to the abatement of unsafe, substandard or dangerous buildings, structures or building service equipment provisions are lino€. (4) All decisions relating to the housing code are final. ORDINANCE NO. 6389