1995-35618-Ordinance No. 95-063 Recorded 10/12/19959535618
BEFORE THE BOARD OF COUNTY COMMISSIONERS OF
REVIEWED
LEGAL COUNSEL
DESCHUTES COUNTY, OREGON
C7
An Ordinance Ordinance Amending Title 15, * ' tn:
Buildings and Construction, of * 1,v
the Deschutes County Code and
Declaring an Emergency. * `'' w
4.
ORDINANCE NO. 95-063
0148--0f1_2
THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON,
ORDAINS as follows:
Section 1. Amendment. Title 15, "Buildings and Construction,"
as amended and as presented here in its codified form is further
amended to read as set forth in Exhibit "A," attached hereto and by
this reference incorporated herein, with new language in bold type and
deletions noted in brackets.
Section 2. Severability. The provisions of this ordinance are
severable. If any section, sentence, clause or phrase of this
ordinance is adjudged to be invalid by a court of competent
jurisdiction, that decision shall not affect the validity of the
remaining portions of this ordinance.
Section 3. Codification. County Legal Counsel shall have the
authority to format the provisions contained herein in a manner that
will integrate them into the County Code consistent with the Deschutes
County Form and Style Manual for Board Documents. Such codification
shall include the authority to make such changes, to make changes in
numbering systems and to make such numbering changes consistent with
interrelated code sections. In addition, as part of codification of
these ordinances, County Legal Counsel may insert appropriate
legislative history reference. Any legislative history references
included herein are not adopted as part of the substance of this
ordinance, but are included for administrative convenience and as a
reference. They may be changed to correct errors and to conform to
proper style without action of the Board of County Commissioners.
Section 4. Repeal of Ordinances as Affecting Existing
Liabilities. The repeal, express or implied, of any ordinance,
ordinance provision, code section, or any map or any line on a map
incorporated therein by reference, by this amending ordinance shall not
release or extinguish any duty, condition, penalty, forfeiture, or
liability previously incurred or that may hereafter be incurred under
such ordinance, unless a provision of this amending ordinance shall so
expressly provide, and such ordinance repealed shall be treated as
still remaining in force for the purpose of sustaining any proper
action or prosecution for the enforcement of such duty, condition,
penalty, forfeiture, or liability, and for the purpose of authorizing
the prosecution, conviction and punishment of the person or persons who
previously violated the repealed ordinance.
L�
PAGE 1 - ORDINANCE NO. 95-063 (10/11/95)
p 2 1995
0148-0213
Section 5. Emergency. This ordinance being necessary for the
immediate preservation of the public peace, health and safety, an
emergency is declared to exist, and this ordinance takes effect on its
passage.
DATED this 11th day of October, 1995.
BOARD OF COUNTY COMMISSIONERS
OF DESCHUTES COUNTY, OREGON
BWY H. SLAUGHTER, Chairman
ATTEST: 14 CY P EISCIYiLANGEN, Com $sioner
' J
Recording Secretary RO RT L. NIPPER, C mmissioner
PAGE 2 - ORDINANCE NO. 95-063 (10/11/95)
0148-0214
EXHIBIT "A"
Title 15
BUILDINGS AND CONSTRUCTION
Chapters:
15.04 Building and Construction Codes and Regulations
15.08 Signs
15.10 Outdoor Lighting Control
15.12 System Development Charges
Chapter 15.04
BUILDING AND CONSTRUCTION
CODES AND REGULATIONS
Sections:
Mobile homes -Placement
15.04.010
Documents adopted with
15.04.140
amendments -Enforcement.
15.04.020
Applicability.
15.04.030
Structural code -Adopted.
15.04.035
Dwelling code -Adopted.
15.04.037
(Repealed by Ord. 93-044 § 1,
1993)
15.04.040
Plumbing code -Adopted.
15.04.050
Mechanical code -Adopted.
15.04.055
(Repealed by Ord. 91-025 § 1,
15.04.180
1991)
15.04.060
Electrical code -Adopted.
15.04.070
Building abatement code -
Adopted.
15.04.080
Fire code -Adopted.
15.04.090
Definitions.
15.04.095
Definition -Appointing
authority.
15.04.100
Definition -Building
department.
15.04.105
Definition -Building official.
15.04.110
Definition -County.
15.04.115
Definition -Fire chief.
15.04.120
Definition -Mobile home.
15.04.125
Definition-Modularorfactory-
built home.
15.04.130
Mobile homes -Placement
15.04.200
permit -Inspection.
15.04.140
Expedited Construction Start
15.04.150
Mobile homes -State
15.04.220
certification required.
15.04.160
Building permit issuance-
15.04.230
Zoningconformance-Planning
department approval.
15.04.170
Industrial/Commercial
Structure -Occupancy
certificate required.
15.04.180
Building or mobile home
placement permit issuance -
Zoning and subdivision
conformance.
0148-0215
15.04.190
Permit fees -Adjustments.
15.04.200
Numbers for addresses -
Placement.
15.04.210
Administration -Enforcement.
15.04.220
Conditions deemed a public
nuisance.
15.04.230
Violation -Penalty.
15.04.010 Documents adopted with
amendments -Enforcement.
The codes, laws and rules adopted by this
chapter as the county building codes, are
adopted as constituted on August 1, 1983, and
as thereafter constituted. The regularly
adopted amendments to the codes, laws and
rules by the state, the State Department of
Commerce and the State Fire Marshal shall
be effective as of the effective date of the
change, and shall be enforceable by the county
as of such date. (Ord. 83-056 § 14, 1983)
15.04.020 Applicability.
The provisions of the codes, laws, rules and
regulations adopted by this chapter apply to
all buildings, structures and mobile homes in
the unincorporated areas of the county. (Ord.
83-056 § 16, 1983)
15.04.030 Structural code -Adopted.
A certain book or publication, a copy of
which is on file with the County Clerk,
marked and entitled Uniform Building Code,
1991 Edition, State of Oregon Structural
Specialty Code, 1993 Edition, effective
January 1, 1993, hereinafter referred to as the
"structural code," is adopted in its entirety as
the structural code for the unincorporated
areas of the county, for regulating and
controlling the construction, reconstruction,
remodeling, enlargement, alteration, repair,
moving, removal, conversion, demolition,
occupancy, equipment, use, height, area and
maintenance of buildings or structures in the
unincorporated areas of the county. The
structural code adopted and on file in the
County Clerk's office is referred to and by this
Chapter 15.04 1 (10/95)
reference made a part of this chapter as
though fully set out in this chapter. (Ord. 93-
006 § 1, 1993; Ord. 90-005 § 1, 1990; Ord. 87-
017 § 1, 1987; Ord. 86-075 § 1, 1986; Ord. 86-
048 § 1 (part), 1986; Ord. 83-056 § 1, 1983)
15.04.035 Dwelling code -Adopted.
A certain book or publication, a copy of
which is on file with the County Clerk,
marked and entitled, State of Oregon 1993
Edition One and Two Family Dwelling
Specialty Code, effective May 1, 1993, hereby
is adopted as the code for one- and two-family
dwellings in unincorporated Deschutes
County; and such dwelling code, so adopted
and on file in the office of the clerk is
referred to and by this reference made a part
of this chapter as though fully set out herein.
(Ord. 93-024 § 1, 1993; Ord. 90-030 § 1,1990;
Ord. 87-020 § 1, 1987; Ord. 86-073 § 1, 1986)
15.04.037 Wildfire hazard designation.
(Repealed by Ord. 93-044; Ord. 93-041 §1,
1993)
15.04.040 Plumbing code -Adopted.
A certain book or publication, a copy of
which is on file with the County Clerk,
marked and entitled, State of Oregon
Plumbing Specialty Code, 1992 Edition, based
on the Uniform Plumbing Code, 1991 Edition,
as amended by the State of Oregon, effective
January 1, 1992, hereinafter referred to as the
"plumbing code," is adopted in its entirety as
the plumbing code for the unincorporated
county for regulating and controlling the
erection, installation, alteration, addition,
repair, relocation, replacement, maintenance
or use of plumbing systems in the
unincorporated areas of the county. The
plumbing code adopted and on file in the
County Clerk's office is referred to and by this
reference made a part of this chapter as
though fully set out in this chapter. (Ord. 93-
006 § 1, 1993; Ord. 92-035 § 1, 1992; Ord. 90-
005 § 1,1990; Ord. 87-025 § 1, 1987; Ord. 87-
0148-0216
022 § 1,1987; Ord. 87-001 § 2,1987; Ord. 83-
056 § 2, 1983)
15.04.050 Mechanical code -Adopted.
A certain book or publication, a copy of
which is on file with the County Clerk,
marked and entitled, Uniform Mechanical
Code, 1991 Edition, State of Oregon
Mechanical Specialty Code, 1993 Edition,
effective January 1, 1993, hereinafter referred
to as the "mechanical code," is adopted in its
entirety as the mechanical code for the county
for regulating and controlling the design,
construction, installation, quality of materials,
locations, operation and maintenance of
heating, ventilating, cooling, refrigeration
systems, incinerators and heat producing
application, except boilers and pressure vessels
regulated by State Boiler Pressure Vessel Law,
in the unincorporated areas of the county.
The mechanical code so adopted and on file
in the County Clerk's office is referred to and
by this reference made a part of this chapter
as though fully set out in this chapter. (Ord.
93-006 § 1, 1993; Ord. 90-005 § 3, 1990; Ord.
87-018 § 1,1987; Ord. 86-048 § 1 (part), 1986;
Ord. 83-056 § 1, 1983)
15.04.055 Solid fuel heating devices.
(Repealed by Ord. 91-025 § 1, 1991; Ord. 91-
016§1,1991)
15.04.060 Electrical code -Adopted.
A certain book or publication, a copy of
which is on file with the County Clerk,
marked and entitled, State of Oregon
Electrical Specialty Code, and NFPA 70
National Electrical Code, 1993 Edition for
commercial structures and NFPA 70A
National Electrical Code, 1993 Edition for
one- and two-family dwellings and their
accessory structures, hereinafter referred to as
the "electrical code" is adopted in its entirety
as the electrical code for the unincorporated
areas of the county, for regulating and
controlling the design, construction,
installation, quality of materials, location,
Chapter 15.04 2 (10/95)
operation, erection, addition, repair,
relocation, replacement and maintenance of
electrical service, wiring, equipment, special
occupancies, conditions, communications
systems and other specified electrical
application. The electrical code adopted and
on file in the County Clerk's office is referred
to and by this reference made a part of this
chapter as though fully set out in this chapter.
(Ord. 93-042 § 1,1993; Ord. 90-030 § 2,1990;
Ord. 87-019 § 1, 1987; Ord. 84-028 § 1, 1984;
Ord. 83-056 § 4, 1983)
15.04.070 Building abatement code -
Adopted.
A. Except as provided in subsection B of
this section, a certain book or publication, a
copy of which is on file with the County Clerk,
marked and entitled, Uniform Code for the
Abatement of Dangerous Buildings, 1991
Edition, hereinafter referred to as 'building
abatement code," is adopted in its entirety as
the building abatement code for the
unincorporated areas of the county for
regulating and controlling the repair, vacation,
demolition and abatement of dangerous
buildings in the unincorporated areas of the
county. The Building Abatement Code
adopted and on file in the County Clerk's
office is referred to and by this reference
made a part of this chapter as though fully set
out in this chapter.
B. The Uniform Code for the Abatement
of Dangerous Buildings is adopted as
amended below:
1. The words "or premises" are inserted
after the word 'building" under sections 401,
402, 403, 404, 701, 703, 802 and 901;
2. Chapter 9 is amended as follows:
Section 901. Account of Expense, Filing
of Report: Contents. The director of the
Community Development Department shall
keep an itemized account of the expense
incurred by the county in the repair or
demolition of any building done pursuant to
the provisions of section 701(C)3 of this
0148-0217
code. Upon the completion of the work of
repair or demolition, said director shall
prepare and file with the Board of County
Commissioners a report specifying the work
done, the itemized and total cost of the
work, a description of the real property
upon which the building or structure is or
was located, and the names and addresses of
the persons entitled to notice pursuant to
subsection (c) of section 401.
Section 902. Report Transmitted to
Board -Set for Hearing. Upon receipt of
said report, the board shall fix a time, date
and place for hearing said report and any
protests or objections thereto. The board
shall cause notice of said hearing to be
posted upon the property involved,
published once in a newspaper of general
circulation in this jurisdiction, and served by
certified mail, postage prepaid, addressed to
the owner of the property as the owner's
name and address appear on the last
assessment roll of the county. Such notice
shall be given at least 10 days prior to the
date set for hearing and shall specify the
day, hour and place when the board will
hear and pass upon the director's report,
together with any objections or protests
which may be filed as hereinafter provided
by any person interested in or affected by
the proposed charge.
Section 903. Protests and Objections -
How Made. Any person interested in or
affected by the proposed charge may file
written protests or objections with the board
at any time prior to the time set for the
hearing on the report of the director. Each
such protest or objection must contain a
description of the property in which the
signer thereof is interested and the grounds
of such protest or objection.
Section 904. Hearing of Protests. Upon
the day and hour fixed for the hearing, the
board shall hear and pass upon the report
Chapter 15.04 3 (10/95)
of the director together with any objections
or protests. The board may make such
revision, correction or modification in the
report or the charge as it may deem just;
and when the board is satisfied with the
correctness of the charge, the report (as
submitted or as revised, corrected or
modified) together with the charge, shall be
confirmed or rejected. The decision of the
board on the report and the charge, and on
all protests or objections, shall be final and
conclusive.
Section 905. Personal Obligation and
Lien Against Property.
(a) General. The board may thereupon
order that said charge may be made a
personal obligation of the property owner
and/or assess said charge as a lien against
the property involved.
(b) Personal Obligation. If the board
orders that the charge shall be a personal
obligation of the property owner, it shall
direct County Legal Counsel to collect the
same on behalf of the county by use of all
appropriate legal remedies.
(c) Lien. If the board orders that the
charge shall be assessed as a lien against the
property, it shall direct County Legal
Counsel to take all necessary action to
perfect the lien under the provisions of
Oregon Revised Statutes chapter 87.
Section 906. Lien.
(a) Priority. Any lien filed pursuant to this
chapter shall have the priority established in
Oregon Revised Statutes chapter 87 for
construction liens. The lien shall continue
until the principle and all interest due and
payable thereon are paid.
(b) Interest. Any such lien filed shall bear
interest at the then legal rate.
Section 907. Foreclosure of Lien. The
lien filed pursuant to section 905 of this
chapter shall be foreclosed as provided in
Oregon Revised Statutes chapter 87.
U148-0 8
Section 912. Disbursement of Lien. All
money recovered from the sale of the
property through lien foreclosure
proceedings under Oregon Revised Statutes
chapter 87 shall be paid to the County
Treasurer, who shall credit the same to the
county general fund.
(Ord. 95-005 § 1,1995; Ord. 88-027 § 1,1988;
Ord. 83-056 § 5, 1983)
15.04.080 Fire code -Adopted.
A certain book or publication, a copy of
which is on file with the County Clerk,
marked and entitled, Uniform Fire Code, 1991
Edition, State of Oregon 1992 Amendments,
effective July 15, 1992, hereinafter referred to
as "fire code," hereby is adopted in its entirety
as the fire code of the county for regulating
the hazards from storage, handling and use of
hazardous substances, materials and devices,
and from conditions or premises in
unincorporated Deschutes County; and the
fire code so adopted and on file in the office
of the County Clerk is referred to and by this
reference made a part of this chapter as
though fully set out herein. (Ord. 93-006 § 1,
1993; Ord. 90-005 § 4, 1990; Ord. 86-068 § 1,
1986; Ord. 83-056 § 6, 1983)
15.04.090 Definitions.
Whenever appropriate in applying the
provisions of this chapter, the following
[definitions apply:] words and phrases are
defined as set forth in 15.04.095-125. (Ord.
95-063 § 1, 1995; Ord. 83-056 § 12, 1983)
15.04.095 Definition -Appointing
authority.
"Appointing authority" means the Board of
County Commissioners. (Ord. 83-056 § 12,
1983)
15.04.100 Definition -Building
department.
"Building department" means the office of
Chapter 15.04 4 (10/95)
the county building official or his designee.
(Ord. 83-056 § 12, 1983)
15.04.105 Definition -Building official.
"Building official" means the person
designated by the board as the building
administrator. (Ord. 83-056 § 12, 1983)
15.04.110 Definition -County.
"County" means Deschutes County, a
political subdivision of the State of Oregon.
(Ord. 83-056 § 12, 1983)
15.04.115 Definition -Fire chief.
"Fire chief' means the applicable chief of
any rural fire protection district. (Ord. 83-056
§ 12, 1983)
15.04.120 Definition -Mobile home.
"Mobile home" has the meaning provided in
Title 18 of this code. (Ord. 83-056 § 12, 1983)
15.04.125 Definition-Modularorfactory-
built home.
"Modular or factory -built home" means a
factory -built dwelling unit designed to be
transported to a site and the construction
meets the standards of the Oregon
Prefabricated Structures Code, and is a
structure for the purposes of this chapter.
(Ord. 83-056 § 12, 1983)
15.04. [100] 130 Mobile homes -Placement
permit -Inspection.
No mobile home shall be occupied within
the unincorporated areas of the county
without first obtaining a placement permit and
satisfactory inspection of placement on the
site, electrical connections and plumbing
connections. (Ord. 83-056 § 7, 1983)
15.04. [105] 140 Expedited construction start.
A. Notwithstanding any other provision set
forth in this chapter, the Deschutes County
Community Development Department is
authorized to allow the commencement and
undertaking of certain construction work for
0148-0'1! 9
certain types of single-family residences served
by sewer and certain types of garages prior to
the issuance of building permits. The Building
Safety Director shall have the discretion to
limit the kind of construction project to which
this section applies and the extent to which
such construction can proceed before building
permits must be issued. Such discretion shall
be exercised in a manner calculated to protect
public safety and to limit applicability to
projects with a very high probability of gaining
ultimate approval under applicable land use
and building codes.
B. In all cases, owners or their authorized
representatives shall have applied for required
building permits. Before commencing
construction under this section, owners and
any general contractor employed by the owner
shall be required to sign a form of agreement
with the county, acting by and through the
building official or the director of the
Community Development Department or such
other persons as the Board of County
Commissioners may designate, by which the
owner and any general contractor agree at a
minimum to assume all risks associated with
proceeding before building permits are issued,
agree to call for required inspections under
the applicable Building Code and to correct
any construction deficiencies noted, agree to
take remedial action, including but not limited
to removal of construction work, in the event
that the plans submitted for approval are
ultimately not approved by the Community
Development Department, and to indemnify
the county for any damage suffered by reason
of commencing and undertaking construction
under this section.
C. Any owner wishing to proceed with
construction under this section shall apply to
the Community Development Department for
approval and pay an application fee in an
amount determined by the Board of
Commissioners.
D. For purposes of enforcement, violation
of any provision of the agreement authorized
by this section by any owner or contractor who
Chapter 15.04 5 (10/95)
is a party to such an agreement shall be
treated as if it were a violation of a provision
of this chapter. Enforcement under this
chapter shall be in addition to any remedies
set forth under the Agreement. (Ord. 91-046
§ 1, 1991)
15.04. [110] 150 Mobile homes -State
certification required.
No modular or factory -built home shall be
located in the unincorporated areas of the
county until such modular or factory -built
home has been certified by the state as
meeting all state requirements. (Ord. 83-056 §
8, 1983)
15.04. [120] 160 Building permit issuance -
Zoning conformance -
Planning department
approval.
No building permit shall be issued for the
construction, reconstruction, remodeling,
enlargement, alteration, repair or conversion
of any dwelling unit containing two or more
dwelling units, commercial or industrial
structure, or public use structure until plans
therefor, including plot plan, are submitted to
the planning department and approved by it as
conforming to the zoning ordinances of the
county. (Ord. 83-056 § 10, 1983)
15.04. [125] 170 Industrial/Commercial
structure -Occupancy certificate
required.
No industrial or commercial structure shall
be occupied until a certificate of occupancy
has been issued. (Ord. 95-063 § 1, 1995; Ord.
93-052 § 1, 1993)
15.04. [130] 180 Building or mobile home
placement permit issuance -
Zoning and subdivision
conformance.
No building permit or mobile home
placement permit shall be issued if the parcel
of land upon which the building or mobile
home is to be erected or located on, or is
0148-0220
located on, would be in violation of Title 17,
the subdivision title [of this code] or Title 18,
the zoning [ordinance] title. A subdivision
shall be deemed to be in violation of the
zoning ordinance for the purpose of issuing
building permits so long as roads and other
improvements remain uncompleted in
accordance with the applicable subdivision
provisions. (Ord. 95-063 § 1, 1995; Ord. 83-
056 § 11, 1983)
15.04. [140] 190 Permit fees -Adjustments.
The fees for permits under this chapter shall
be the fees prescribed by the State Building
Codes Agency. The county may set any
permit fee at any amount lower than the fees
adopted by the state, or set a fee for a permit
for which the state has failed to set a fee by
proper resolution. (Ord. 93-006 § 1, 1993;
Ord. 83-056 § 15, 1983)
15.04.[150]200 Numbers for addresses -
Placement.
Numbers for addresses shall be placed on all
new and existing buildings in such a position
as to be plainly visible and legible from a
distance of 50 feet. Such numbers or
addresses shall contrast with their background
and shall be the official address number as
assigned the property by the county, the City
of Bend, the Redmond Fire District or the
City of Sisters. (Ord. 83-056 § 9, 1983)
15.04.[160]210 Administration -Enforcement.
The building official as defined in this
chapter shall administer and enforce this
chapter, except that the provisions of the fire
code shall be administered and enforced by
the applicable fire chief. (Ord. 83-056 § 13,
1983)
15.04.[170]220 Conditions deemed a public
nuisance.
Any act or condition which is in violation of
any of the provisions of this chapter, which is
committed, continued or permitted, is
declared to be a public nuisance, and the
Chapter 15.04 6 (10/95)
0148-0291
county may, in addition to any other remedies
provided by law, institute the proceedings for
the enforcement of this chapter. (Ord. 83-056
§ 18, 1983)
15.04. [180] 230 Violation -Penalty.
A. It is unlawful for any person, firm or
corporation to erect, construct, enlarge, alter,
repair, move, improve, convert, demolish,
equip, use, occupy or maintain any building,
structure or mobile home in the
unincorporated areas of the county, or cause
the same to be done, contrary to or in
violation of any of the provisions of this
chapter.
B. Violation of any provision of this
chapter is a Class A infraction. (Ord. 83-056
§ 17, 1983)
Chapter 15.04 7 (10/95)
0148-0222
Chapter 15.08 1 (10/95)
Chapter 15.08
15.08.220
Removal of erected signs
without permit.
SIGNS
Article III. Exempt, Temporary and
Sections:
Prohibited Signs
15.08.230
Exempt signs.
Article I. General Provisions
15.08.240
Temporary signs.
and Definitions
15.08.250
Prohibited signs.
15.08.010
Short title.
15.08.020
Purpose.
Article IV. Classes of Signs
15.08.030
General definitions.
15.08.260
Wall signs.
15.08.040
Specific definitions.
15.08.270
Freestanding signs.
15.08.045
Definition -Animation.
15.08.280
Ground -mounted signs.
15.08.050
Definition -Arterial.
15.08.290
Outdoor advertising signs.
15.08.055
Definition -Awning.
15.08.300
Awnings and canopy signs.
15.08.060
Definition -Board.
15.08310
Marquee signs.
15.08.065
Definition -Business.
15.08.070
Definition -Business complex.
Article V. Signs Permitted by Zones
15.08.075
Definition -Canopy.
15.08320
Resource zones.
15.08.080
Definition -Clear vision area.
15.08330
Residential zones.
15.08.085
Definition -County.
15.08340
Restricted commercial zones.
15.08.090
Definition -Cutout.
15.08350
General commercial zones.
15.08.095
Definition -Display surface.
15.08360
Businesses not classified in
15.08.100
Definition -Erect.
a shopping center or business
15.08.105
Definition -Frontage, building.
complex.
15.08.110
Definition -Frontage, street.
15.08370
Shopping center complexes.
15.08.115
Definition -Incombustible
15.08380
Business complexes.
material.
15.08390
Rural service center zone.
15.08.120
Definition -Maintain.
15.08.400
Industrial zones.
15.08.125
Definition -Marquee.
15.08.410
Airport development zone.
15.08.130
Definition -Nonstructural trim.
15.08.135
Definition -Person.
Article VI. Nonconforming Signs
15.08.140
Definition -Planning director
15.08.420
Existing signs -Conformance
and building official.
required.
15.08.145
Definition -Roof line.
15.08.430
Special requirements.
15.08.150
Definition -Shopping center.
15.08.440
Compliance.
15.08.155
Definition -Sign.
15.08.450
Removal of illegal signs.
15.08.160
Definition -Uniform Building
15.08.460
Abandoned signs.
Code.
15.08.470
Removal of unsafe signs.
15.08.165
Definition -Uniform Sign Code.
15.08.170
Definition -Zone.
Article VII. Measurement, Materials
15.08.180
Interpretation.
and Illumination
15.08.480
Sign measurement.
Article II. Permits
15.08.490
Permitted materials.
15.08.190
Sign permit.
15.08.500
Illumination standards.
15.08.200
Administration.
15.08.210
Exceptions.
Chapter 15.08 1 (10/95)
Article VIII. Maintenance,
Construction and Safety Standards
15.08.510
Maintenance.
15.08.520
Design.
15.08.530
Wind loads.
15.08.540
Seismic loads.
15.08.550
Combined loads.
15.08.560
Allowable stresses.
15.08.570 Anchorage and supports.
15.08.580 Electric sign construction.
15.08.590 Clearance from high voltage
power lines.
15.08.600 Clearance from fire escapes,
exits or standpipes.
Article IX. Variances
15.08.610 Variance application.
15.08.620 Review -Approval.
15.08.630 Conditions.
Article X. Inspection and Enforcement
15.08.640 Inspection.
15.08.650 Enforcement.
15.08.660 Violation declared a nuisance.
15.08.670 Violation -Infraction.
Article 1. General Provisions
and Definitions
15.08.010 Short title.
This chapter shall be known as the "County
Sign Ordinance No. 81-009," and may be cited
and pleaded. (Ord. 81-009 § 1, Exhibit A, §
1.010, 1981)
15.08.020 Purpose.
The purpose of this chapter is to provide
reasonable and necessary regulations for the
erection and maintenance of signs in order to:
A. Protect the health, safety, property and
welfare of the public;
B. Promote a neat, clean, orderly and
attractive appearance within the county;
C. Improve the effectiveness of signs in
identifying and advertising businesses and
facilities;
D. Eliminate signs that demand, rather
0148-0223
than invite public attention;
E. Provide for reasonable, orderly and
effective display of outdoor advertising
compatible with their surroundings;
F. Preserve, protect and enhance the
economic, scenic, historic and aesthetic values
and objectives of the county and its citizens;
G. Provide effective signing to meet the
anticipated differing needs of various areas in
the county. (Ord. 81-009 § 1, Exhibit A, §
1.020, 1981)
15.08.030 General definitions.
For the purposes of this chapter, words used
in the present tense include the future, the
singular includes the plural, the word "shall" is
mandatory and the word "building" includes
structure other than sign structure. (Ord. 81-
009 § 1, Exhibit A, § 1.040, 1981)
15.08.040 Specific definitions.
For the purposes of this chapter, unless
otherwise apparent from the context, certain
words and phrases used in this chapter are
defined as [follows:] set forth in 15.08.045-170.
(Ord. 95-063 § 1, 1995; Ord. 81-009 § 1,
Exhibit A, §§ 1.030 and 1.050, 1981)
15.08.045 Definition -Animation.
"Animation" means any form of movement
by electric, mechanical or kinetic means
including, but not limited to, rotation,
revolving or wind activation of all or a portion
of a sign, or incorporating flashing or
intermittent light for sign illumination. (Ord.
81-009 § 1, Exhibit A, §§ 1.030 and 1.050,
1981)
15.08.050 Definition -Arterial.
"Arterial" means a restricted access street of
substantial continuity which is primarily a
traffic artery for intercommunication and so
designated on the County Roadway Network
Plan. (Ord. 81-009 § 1, Exhibit A, § § 1.030
and 1.050,1981)
15.08.055 Definition -Awning.
"Awning" means a structure made of cloth,
Chapter 15.08 2 (10/95)
metal or similar material with metal frames
attached to a building, projecting over a
thoroughfare or entrance when the same is so
erected as to permit its being raised to a
position flat against the building when not in
use. (Ord. 81-009 § 1, Exhibit A, §§ 1.030 and
1.050, 1981)
15.08.060 Definition -Board.
"Board" means the Board of County
Commissioners of the county. (Ord. 81-009 §
1, Exhibit A, §§ 1.030 and 1.050, 1981)
15.08.065 Definition -Business.
"Business" means all of the activities carried
on by the same legal entity on the same
premises and shall include, but not be limited
to, service, commercial and industrial uses and
fraternal, benevolent, educational and social
organizations. (Ord. 81-009 § 1, Exhibit A, §§
1.030 and 1.050, 1981)
15.08.070 Definition -Business complex.
"Business complex" means one property
ownership with the property owner and one or
more business tenants as occupants or two or
more business tenants as occupants of the
property. In a business complex, business
tenants include executive or administrative
services including medicinal clinics and
accessory pharmacies, professional offices and
personal service establishments which perform
personal services on the premises and similar
uses. (Ord. 81-009 § 1, Exhibit A, §§ 1.030
and 1.050, 1981)
15.08.075 Definition -Canopy.
"Canopy" means a permanent roofed
structure which may be freestanding or
partially attached to a building for the purpose
of providing shelter to patrons in automobiles,
and patrons on foot, but shall not mean
completed enclosed structure. (Ord. 81-009 §
1, Exhibit A, §§ 1.030 and 1.050, 1981)
15.08.080 Definition -Clear vision area.
"Clear vision area" means a triangular area
two sides of which are measured from the
0148-Oti24
corner intersection of the street right of way
for a distance of 30 feet, or where lot lines
have rounded corners, the lot lines extended
in a straight line to a point of intersection and
so measured, the third side of which is a line
across the corner of the lot adjoining the
nonintersection ends of the other two sides.
(Ord. 81-009 § 1, Exhibit A, §§ 1.030 and
1.050, 1981)
15.08.085 Definition -County.
"County" means the County of Deschutes,
State of Oregon. (Ord. 81-009 § 1, Exhibit A,
§§ 1.030 and 1.050, 1981)
15.08.090 Definition -Cutout.
"Cutout" means a display in the form of
letters, figures, characters or other
representations in cutout or irregular form
attached to or superimposed upon an
advertising sign. (Ord. 81-009 § 1, Exhibit A,
§§ 1.030 and 1.050, 1981)
15.08.095 Definition -Display surface.
"Display surface" means the area made
available by the sign structure for the purpose
of displaying a message thereon. (Ord. 81-009
§ 1, Exhibit A, §§ 1.030 and 1.050, 1981)
15.08.100 Definition -Erect.
"Erect" means to construct, paint, place,
affix or otherwise bring into being. (Ord. 81-
009 § 1 Exhibit A, §§ 1.030 and 1.050, 1981)
15.08.105 Definition -Frontage, building.
"Frontage, building" means that facade of a
building which faces and is parallel to, or most
nearly parallel to the public street which
provides the primary direct vehicular access to
the building. (Ord. 81-009 § 1, Exhibit A, §§
1.030 and 1.050, 1981)
15.08.110 Definition -Frontage, street.
"Frontage, street" means a lot line fronting
on a public street. Unless the premises has
only one such frontage, the width along such
lot line must be at least 50 feet to qualify as a
frontage. An access easement shall not
Chapter 15.08 3 (10/95)
qualify as a frontage. (Ord. 81-009 § 1,
Exhibit A, §§ 1.030 and 1.050, 1981)
15.08.115 Definition -Incombustible
material.
"Incombustible material" means a material
that will not ignite at or below a temperature
of 1,200 degrees Fahrenheit during an
exposure of five minutes and which will not
continue to burn or glow at that temperature.
The test for an incombustible material shall be
conducted as specified in the Uniform
Building Code. (Ord. 81-009 § 1, Exhibit A,
§§ 1.030 and 1.050, 1981)
15.08.120 Definition -Maintain.
"Maintain" means to allow to exist or
continue. (Ord. 81-009 § 1, Exhibit A, §§
1.030 and 1.050, 1981)
15.08.125 Definition -Marquee.
"Marquee" means a permanent roofed
structure attached to or supported by a
building, but does not mean a canopy as
defined in this section. (Ord. 81-009 § 1,
Exhibit A, §§ 1.030 and 1.050, 1981)
15.08.130 Definition -Nonstructural trim.
"Nonstructural trim" means a molding,
batten, cap, nailing strip or stringer, lattice,
cutout, letter or walkway attached to a sign
structure. (Ord. 81-009 § 1, Exhibit A, §§
1.030 and 1.050, 1981)
15.08.135 Definition -Person.
"Person" means an individual, corporation,
partnership, association, joint venture or other
legal entity. (Ord. 81-009 § 1, Exhibit A, §§
1.030 and 1.050, 1981)
15.08.140 Definition -Planning director
and building official.
"Planning director" and 'building official"
mean the planning director and building
official, respectively, of the county [of
Deschutes]. (Ord. 95-063 § 1, 1995; Ord. 81-
009 § 1, Exhibit A, §§ 1.030 and 1.050, 1981)
0148-0225
15.08.145 Definition -Roof line.
"Roof line" means the line which marks the
highest point of the vertical front of a building
in the case of a false front, or the line where
the roof is joined to the vertical front wall of
the building in other cases. (Ord. 81-009 § 1,
Exhibit A, §§ 1.030 and 1.050, 1981)
15.08.150 Definition -Shopping center.
"Shopping center" means a premises planned
and developed as a unit with an undivided,
nonsegregated parking area and is advertised
as a center or mall and has multiple
occupancy by business or service farms. (Ord.
81-009 § 1, Exhibit A, §§ 1.030 and 1.050,
1981)
15.08.155 Definition -Sign.
"Sign" means any identification, display,
description or illustration which is affixed to
or otherwise represented directly or indirectly
upon a building or outdoor surface or piece of
land and which is used or intended to direct
attention to an object, product, place, activity,
person, institution or business and includes,
where applicable, the sign structures, display
surface and all other components of the sign.
A. "Building directory sign" means a sign
giving the name, address number or location
of the occupants of a building or buildings.
B. "Directional sign" means an on -premise
sign designed to be read by a person already
on the premises and used only to identify and
locate an office, entrance, exit, motor vehicle
route, telephone or similar place, service or
route.
C. "Freestanding sign" means a sign
supported by one or more uprights or braces
and not attached or only incidentally attached
to any building or structure but does not
include ground -mounted signs.
D. "Ground -mounted sign" means a sign
which is not attached to any structure or
building, and has a support which places the
bottom thereof less than four feet from the
ground.
E. "Internally illuminated sign" means a
sign which is wholly or partially illuminated by
Chapter 15.08 4 (10/95)
an internal light source from which source
light passes through the display surface to the
exterior of the sign.
F. "Motor vehicle directional sign" means
a sign identifying motor vehicle entrances or
exits to or from the premises on which the
sign is located.
G. "Nonconforming sign" means a sign
erected prior to the adoption of the ordinance
codified in this chapter which does not
conform to the provisions contained in this
chapter.
H. "Outdoor advertising sign" means a sign
which advertises goods, products or services
which are not sold, manufactured or
distributed on or from the premises or
facilities on which the sign is located.
I. "Projecting sign" means a sign which
extends perpendicular or nearly perpendicular
from the building face to which it is attached.
J. 'Roof sign" means a sign located on or
above the roof of any building, not including
a false mansard roof or other fascia.
K. "Temporary sign" means a banner,
pennant, poster or advertising display
constructed of cloth, canvas, plastic sheet,
cardboard, wallboard, sheet metal, plywood or
similar materials and intended to be displayed
for a limited period of time.
L. "Wall sign" means a sign painted or
otherwise affixed to the face of a building,
marquee or roof overhang in a plane parallel
to such face and extending not more than 18
inches therefrom. (Ord. 81-009 § 1, Exhibit A,
§§ 1.030 and 1.050, 1981)
15.08.160 Definition -Uniform Building
Code.
"Uniform Building Code" means the
Uniform Building Code published by the
International Conference of Building Officials,
as adopted by the county and which is
referred to as "Uniform Building Code" in this
chapter. (Ord. 81-009 § 1, Exhibit A, §§ 1.030
and 1.050, 198 1)
15.08.165 Definition -Uniform Sign Code.
"Uniform Sign Code" means the Uniform
0148-0226
Sign Code published by the International
Conference of Building Officials. (Ord. 81-009
§ 1, Exhibit A, §§ 1.030 and 1.050, 1981)
15.08.170 Definition -Zone.
"Zone" means a zoning district established
pursuant to the zoning ordinance. (Ord.81-009
§ 1, Exhibit A, §§ 1.030 and 1.050, 1981)
15.08. [050] 180 Interpretation.
Where conditions imposed by the provisions
of this chapter are less restrictive than
comparable conditions imposed by any other
provisions which are more restrictive, the
more restrictive shall govern. (Ord. 95-063 § 1,
1995; Ord. 81-009 § 1, Exhibit A, § 1.470,
1981)
Article II. Permits
15.08. [060] 190 Sign permit.
Except as provided in section [15.08.070]
15.08.200 of this chapter, no sign shall be
erected, structurally altered or relocated until
a sign permit has been issued. (Ord. 95-063 §
1, 1995; Ord. 81-009 § 1, Exhibit A, § 1.070,
1981)
15.08. [070] 200 Administration.
A. Applications for a sign permit shall be
made in writing upon forms furnished by the
planning director. Such application shall
include a scale drawing of the sign including
dimensions, height and materials and showing
its relationship to the ground or to any
building or structure to which the sign is
proposed to be installed or affixed. When
appropriate, a plot plan drawn to scale shall
be submitted which indicates the location of
proposed signing relative to street and
property lines. Prior to the issuance of a sign
permit, the building official may review the
construction aspects of the proposed sign.
The planning director or building official may
require other pertinent information where in
their opinion, such information is necessary to
determine compliance with the provisions of
this chapter.
Chapter 15.08 5 (10/95)
B. The planning director shall issue a
permit for a sign covered by application duly
made unless the sign is in violation of the
provisions of this chapter. Sign permits
mistakenly issued in violation of this chapter
are void.
C. The planning director may revoke a sign
permit if he finds that there was a material
and misleading false statement fact in the
application for the permit.
D. A sign permit shall be null and void if
work for which the permit was issued has not
been completed within a period of six months
of the date of issuance of the permit.
E. Where an electrical permit for a sign
installation is required, it shall be obtained
from the Community Development
Department, prior to making the final
electrical connection from the sign to the
electrical power source. (Ord. 95-063 § 1,
1995; Ord. 95-062 § 1, 1995; Ord. 81-009 § 1,
Exhibit A, § 1.0801, 1981)
15.08.[080]210 Exceptions.
The following signs or procedures shall not
require a sign permit but are subject to all
other applicable requirements of this chapter:
A. Exempt signs listed in section
[15.08.100] 15.08.230 of this chapter.
B. Temporary signs of the following types:
1. Construction signs;
2. Real estate or owner -erected signs;
3. Open house directional signs;
4. Farm product signs;
5. Signs identifying a nonprofit, civic,
charitable or benevolent event;
6. Political campaign signs.
C. The changing of advertising or message
on an approved painted or printed sign or sign
specifically designed for the use of replaceable
copy, except for changing the name of the
business or use advertised.
D. The painting, repainting, cleaning and
normal maintenance and repair of an existing
sign unless a substantial structural change is
made. (Ord. 95-063 § 1, 1995; Ord. 81-009 §
1, Exhibit A, § 1.090, 1981)
0148-022'1
15.08.[090]220 Removal of erected signs
without permit.
The planning director may order the
removal of any sign erected without a sign
permit or otherwise in violation of this code.
Removal costs may be collected as provided in
section [15.08.320] 15.08.450 of this chapter.
(Ord. 95-063 § 1, 1995; Ord. 81-009 § 1,
Exhibit A, § 1.100, 1981)
Article III. Exempt, Temporary and
Prohibited Signs
15.08. [100] 230 Exempt signs.
The following types of signs are exempted
from the provisions of this chapter except as
specifically noted:
A. Public signs of a noncommercial nature
erected by a public authority including, but
not limited to, safety signs, trespassing signs,
memorial plaques and historical markers.
B. House or building numbers limited to
eight inches in height for dwellings of three or
less families and one foot in height for other
buildings.
C. Christmas or seasonal decorations as
customarily used.
D. Nonilluminated directional and motor
vehicle directional signs painted on paving or
otherwise limited to a maximum dimension of,
four feet and a sign area of eight feet.
E. Small signs not exceeding three square
feet in area, attached flat against a building,
nonilluminated and announcing only the name
and occupation of the building tenant.
F. Interior signs designed primarily to be
viewed from a sidewalk or street when
maintained inside a building, including but not
limited to, signs attached to or painted on the
inside of a window; provided, however, the
permitted area for such signs shall be subject
to the area requirements for wall signs and
that such signs conform to the illumination
requirements of this chapter.
G. Garage sale signs posted on the
premises of which the sale is to be held,
limited in size to eight square feet in area, and
removed at the end of the sale. (Ord. 95-063
Chapter 15.08 6 (10/95)
§ 1, 1995; Ord. 81-009 § 1, Exhibit A, § 1.110,
1981)
15.08.[110]240 Temporary signs.
The following signs shall be permitted as
temporary signs and shall be subject to the
provisions of this chapter, except as
specifically noted:
A. Construction signs which identify the
architects, engineers, contractors and other
individuals or firms involved with construction
or renovation of a building. Such sign shall be
located on the site of construction, shall not
exceed 32 square feet in area and shall be
removed within 14 days of the beginning of
the intended use of the project;
B. Real estate firm or owner -erected signs
advertising the sale, rental or lease of the
premises or part of the premises on which the
signs are displayed, up to a total area of 32
square feet. Such signs shall be at least 10
feet from a property line and shall be removed
within 14 days of the sale, rental or lease;
C. Open house directional signs for the
purpose of directing the public to open house
events providing for sale, rental or lease of the
premises other than upon which the sign is
located, provided such signs shall be erected
only during daylight hours and shall be
removed the same day they are erected. The
signs shall not be located in such a manner as
to cause a public safety hazard or nuisance,
and shall not exceed an area of eight square
feet;
D. Political campaign signs, if located on
private property with the consent of the legal
possessor of the premises and not located on
utility poles, trees or rocks. Political signs
shall not exceed a sign area of 32 square feet
and may be displayed for 30 days before and
10 days after the election for which they are
used. The provisions of this subsection are
not intended to apply to outdoor advertising
signs;
E. Signs identifying or advertising a
nonprofit civic, charitable or benevolent event.
Such signs shall be removed within seven days
after the event;
0148-0228
F. Street banners advertising a public
entertainment or event. Such banners and
their location shall be approved by the Board
of County Commissioners. Street banners
may be displayed during and for 14 days
before and seven days after an event;
G. Farm products signs in agricultural
zones which refer to agricultural products
grown on the farm where the sign is located.
Signs shall be confined to the farm or
residential premises, shall not exceed 16
square feet and shall be removed within seven
days of the termination of sale activities;
H. Land development project signs
pertaining to the sale, lease, rent or
development of a subdivision, office complex,
shopping center, industrial park or similar
parcel are allowed for a period of one year
upon issuance of a permit by the planning
director. The size of signs shall be controlled
by the following schedule:
Maximum Area Per
Total Number of Sign
Project Size Signs (Square Feet)
4 acres or less 1 32
Over 4 acres 1 96
(Ord. 95-063 § 1, 1995; Ord. 81-009 § 1,
Exhibit A, § 1.120, 198 1)
15.08.[120]250 Prohibited signs.
No sign shall be constructed, erected or
maintained which:
A. Uses pennants, streamers, valances,
propellers or similar wind -activated or
attention -attracting devices. These devices
when not part of any sign, but on the premises
where a sign is utilized, are similarly
prohibited unless they are permitted
specifically by other legislation;
B. Advertises an activity, business, product
or service which is no longer provided, sold,
manufactured or distributed on or from the
premises or facilities on which the sign is
located;
C. Contains or includes or is illuminated by
any flashing, intermittent, revolving, rotating
or moving lights, or moves, or has any
animated moving parts; however, this does not
Chapter 15.08 7 (10/95)
apply to traffic -control signs or signs providing
public service information such as time, date,
temperature, weather or similar information;
D. Extends or is erected (such as a roof
sign) above the roof line of the building to
which it is attached;
E. The planning director determines a
violation of Oregon Revised Statutes 483.138,
which applies to signs creating confusion with,
or interfering with the effectiveness of traffic
signs or signals;
F. Is placed on, affixed to or painted on a
motor vehicle, vehicle or trailer and placed on
public or private property for the primary
purpose of providing a sign not otherwise
permitted by this chapter;
G. Is not supported by a sign structure in
the ground, nor attached to or erected against
a building or structure, and is capable of being
moved about the premises;
H. Is placed on, painted on or affixed to
any utility pole, tree or rock;
I. Benches with advertising thereon;
J. Is a projecting sign as defined in this
chapter;
K. Is not otherwise in conformance with
the provisions of this chapter. (Ord. 95-063 §
1, 1995; Ord. 81-009 § 1, Exhibit A, § 1.130,
1981)
Article IV. Classes of Signs
15.08.[130]260 Wall signs.
Unless otherwise specified in this chapter,
the following criteria shall be applicable for
attached wall signs:
A. Wall signs shall not project more than
eighteen inches from the wall to which they
are attached. A wall sign located on an alley
frontage may not project from the face of the
building below a clearance of 12 feet.
B. Wall signs shall not project above the
eave line, roof line or top of a parapet wall.
C. Wall signs attached to the end of the
face of a marquee shall not exceed a height of
30 inches. The lower edge of such sign shall
not extend below the marquee.
D. A wall sign shall not project beyond the
0148-- 04W'
ends of the wall to which it is attached.
E. Except as provided elsewhere in this
chapter, wall signs shall not be located on a
building fascia which faces a street frontage
that does not provide direct vehicular access
to the building the sign identifies.
F. Wall signs shall be located on that
building fascia which is used for determining
sign area. (Ord. 95-063 § 1,1995; Ord. 81-009
§ 1, Exhibit A, § 1.200, 1981)
15.08.[140]270 Freestanding signs.
Unless otherwise specified in this chapter,
the following criteria shall be applicable to all
free standing signs:
A. Freestanding signs may be 16 feet in
height plus one additional foot for each 20
feet of street frontage over 100 feet which
abut the project, not to exceed a maximum
height of 24 feet. Such signs may contain one
square foot of sign area for each one lineal
foot of street frontage which abuts the project
for the first 100 feet, plus one-half square foot
of sign area for each two lineal feet of street
frontage which abut the project over 100 feet,
not to exceed a maximum area of 150 square
feet.
B. Freestanding signs shall not be located
in a side yard common to another lot or
within a rear yard. A freestanding sign may
extend to the street right of way within a front
yard subject to a minimum clearance of eight
feet. In the case of a double -frontage lot, a
freestanding sign shall be located only on that
frontage which provides direct vehicular access
to the site.
C. No freestanding sign shall project or
extend into any clear vision area. One or two
sign poles supporting a freestanding sign may
be located within a clear vision area if they
are necessary for the support of the sign,
provided they do not exceed a combined total
width of 12 inches and provided no other
portion of the sign is located within the clear
vision area beneath eight feet in height. (Ord.
95-063 § 1, 1995; Ord. 81-009 § 1, Exhibit A,
§ 1.210, 1981)
Chapter 15.08 8 (10/95)
15.08.[150]280 Ground -mounted signs.
The following criteria shall be applicable for
a ground -mounted sign:
A. A ground -mounted sign shall not be
located within 10 feet of any other sign or side
lot line, within five feet of any street right of
way or within any clear vision area.
B. No more than one ground -mounted sign
shall be permitted for each individual
structure. Unless otherwise specified in this
chapter, ground -mounted signs shall have
maximum overall dimensions and area not
exceeding any of the following:
1. A maximum height of 10 feet;
2. Fifty square feet of area;
3. A maximum width of 16 feet. (Ord. 95-
063 § 1, 1995; Ord. 81-009 § 1, Exhibit A, §
1.220, 1981)
15.08. [160] 290 Outdoor advertising signs.
The following criteria shall be applicable for
all outdoor advertising signs:
A. Outdoor advertising signs shall only be
permitted in the following locations:
1. On property zoned commercial or
industrial which adjoins roadways designated
as arterials within the urban growth
boundaries of Bend and Redmond;
2. On property zoned commercial which
adjoins roadways designated as arterials within
the La Pine Rural Service Center area.
B. All such signs shall be spaced a
minimum of 500 feet apart. Outdoor
advertising signs in existence on the date of
adoption of the ordinance codified in this
chapter shall not be considered as
nonconforming signs and are not subject to
the provisions of section [15.08.290] 15.08.420
of this chapter.
C. No outdoor advertising sign shall exceed
a maximum height of 30 feet.
D. The face size of any outdoor advertising
sign shall not exceed 12 feet in vertical height
or 24 feet in horizontal length.
E. All outdoor advertising signs shall be
installed outside of the highway right of way.
F. All structural supports for outdoor
advertising signs shall be constructed of steel.
0148-x0230
G. Evidence must be provided showing the
obtaining of a state permit in compliance with
the Oregon Motorist's Information Act of
1971, where applicable. (Ord. 95-065 § 1,
1995; Ord. 81-009 § 1, Exhibit A, § 1.230,
1981)
15.08.[170]300 Awnings and canopy signs.
The following shall be applicable for signs
on awnings and canopies:
A. No advertising shall be placed on any
awning or canopy, except the name of the
owner, business or industry conducted within
the premises.
B. The area of a sign on an awning or
canopy shall be deducted from the wall sign
permitted within the respective zone in which
the building is located.
C. Posts or columns beyond the building
line will not be permitted for awnings.
D. Lettering shall be painted or otherwise
permanently placed in a space not exceeding
16 inches in height on the front and sides of
the awning. (Ord. 95-063 § 1, 1995; Ord. 81-
009 § 1, Exhibit A, § 1.240, 1981)
15.08.[180]310 Marquee signs.
The following criteria shall be applicable for
signs under marquees:
A. Signs may be located under a marquee
if a vertical clearance of seven feet is
maintained between the bottom of the sign
and the grade below.
B. Vertical height of signs shall not exceed
18 inches and shall not exceed a sign area of
eight square feet. (Ord. 95-063 § 1,1995; Ord.
81-009 § 1, Exhibit A, § 1.250, 198 1)
Article V. Signs Permitted by Zones
15.08.[190]320 Resource zones.
This section applies to all signs in the
following zones: Zones designated for
exclusive farm use (EFU), multiple use
agriculture (MUA), forest use (F), open space
and conservation (OS&C), research and
development (R&D), rural industrial (R-1),
floodplain (FP), surface mining (SM) and
Chapter 15.08 9 (10/95)
surface mining reserve (SMR) within the
zoning ordinance; zones designated urban
reserve (UAR) and surface mining (SM)
within the Bend urban growth boundary
zoning ordinance; and zones designated park
reserve -open space (P -R) within the Redmond
urban area zoning ordinance. No signs shall
be permitted in these zones except as provided
in this section.
A. Sign Area. One sign shall be permitted,
not to exceed 32 square feet in area and 10
feet in height, for a use not in a platted
subdivision or in a platted subdivision in which
the average lot size is greater than three acres.
For a use within a platted subdivision in which
the average lot size is less than three acres,
one sign shall be permitted not to exceed
three square feet in area, four feet in height
and shall not be illuminated.
B. Context. Signs in these zones shall be
identity signs only, containing information
directly pertaining to the permitted use.
C. Location. Signs shall be erected no
closer than five feet from a street right of way,
shall be a minimum of 25 feet from an
adjacent lot and shall be placed on the
property upon which the use is located.
D. Illumination. No sign permitted in this
section shall be illuminated, except that any
illuminated sign existing on the effective date
of the ordinance codified in this chapter may
continue to be illuminated.
E. Exempt and Temporary Signs. Exempt
and temporary signs shall be as provided in
sections [15.08.100] 15.08.230 and [15.08.110]
15.08.240 of this chapter. (Ord. 95-063 § 1,
1995; Ord. 81-009 § 1, Exhibit A, § 1.140,
1981)
15.08.[200]330 Residential zones.
This section applies to all signs in the
following zones: Zones designated rural
residential (RR) and rural service residential
(RSR) within the zoning ordinance; zones
designated suburban low density residential
(SR), suburban high density residential (RL),
urban standard residential (RS), urban
medium density residential (RM) and urban
. 0148-021131
high density residential (RH), within the Bend
urban growth boundary zoning ordinance; and
zones designated limited residential (R-1),
limited residential -planned (R-2 and R-3),
general residential (R4) and urban high
density residential (R-5) within Title 20 of this
code. No signs shall be permitted in these
zones except as provided in this section.
A. Individual Dwelling Units and Home
Occupations. One nameplate or home
occupation sign for each dwelling unit. Such
signs shall not exceed three square feet in area
and shall be a flat wall sign.
B. Multiple -family Dwellings. For
multiple -family dwellings, one sign not to
exceed 32 square feet in area shall be
permitted per project. Such signs shall be a
wall or ground -mounted type.
C. Subdivisions and Mobile Home Parks.
For subdivisions and mobile home parks, one
ground -mounted sign not to exceed 50 square
feet in area shall be permitted.
D. Buildings Other Than Dwellings. A
building other than a dwelling shall be
permitted one sign with a maximum sign area
of 20 feet. Such sign shall be a wall or
ground -mounted type.
E. Medical and Dental Clinic. A medical
or dental clinic in a residential zone may have
one sign not to exceed 75 square feet in area
and may have a building directory sign,
provided the area of such sign does not
exceed one square foot per occupant of the
building.
F. Illumination. No sign in a residential
zone shall be illuminated, except that any
illuminated sign existing on the date of the
ordinance codified in this chapter may
continue to be illuminated.
G. Location. Signs shall be no closer than
five feet from a street right of way and shall
be placed on the property upon which the use
is located.
H. Exempt and Temporary Signs. Exempt
and temporary signs shall be as provided in
sections [15.08.100] 15.08.230 and [15.08.110]
15.08.240 of this chapter. (Ord. 95-063 § 1,
Chapter 15.08 10 (10/95)
1995; Ord. 81-009 § 1, Exhibit A, § 1.150,
1981)
15.08.[210]340 Restricted commercial zones.
This section applies to all signs in the
following zones: Neighborhood commercial
(CN) within the Bend urban growth boundary
zoning ordinance; and the special -service
commercial (C-3) zone within the Redmond
urban area zoning ordinance. No signs shall
be permitted in these zones except as provided
in this section.
A. Wall Signs. A business may have a sign
area not to exceed 32 square feet or two
percent of the total square footage of the
front building fascia, whichever is greater.
B. Freestanding Signs. No freestanding
signs shall be permitted in these zones.
C. Ground -mounted Signs. In addition to
the allowable sign area provided in subsection
A of this section, one ground -mounted sign
with a maximum area 32 square feet shall be
permitted for each building.
D. Residential Use. Signs for residential
use within these zones shall be subject to the
provisions of section [15.08.200] 15.08330 of
this chapter.
E. Exempt and Temporary Signs. Exempt
and temporary signs shall be permitted as
provided in sections [15.08.100] 15.08.230 and
[15.08.110] 15.08.240 of this chapter. (Ord. 95-
063 § 1, 1995; Ord. 81-009 § 1, Exhibit A, §
1.160, 1981)
15.08.[220]350 General commercial zones.
This section applies to all signs in the
following zones: Zones designated limited
commercial (CL), convenience commercial
(CC), general commercial (CG) and highway
commercial (CH) within the Bend urban
growth boundary zoning ordinance; and zones
designated strip service commercial (C-1),
central business district commercial (C-4) and
tourist commercial (C-5) within the Redmond
urban area zoning ordinance. No signs shall
be permitted in these zones except as provided
in this section and sections [15.08.230]
15.08.360, [15.08.240] 15.08.370 and
0148-02W
[15.08.250] 15.08.380 of this chapter. (Ord. 95-
063 § 1, 1995; Ord. 81-009 § 1, Exhibit A, §
1.170 (part), 1981)
15.08.[230]360 Businesses not classified in
a shopping center or
business complex.
Signs for businesses not in a shopping center
or business complex shall be subject to the
following requirements:
A. Wall Signs. The maximum sign area
permitted on a building shall not exceed six
percent of the area of the front building
facade if such facade is located within 250 feet
of the street right of way. The permitted area
may be increased by 40 percent provided no
freestanding signs are utilized on the property.
The maximum sign area permitted shall not
exceed 10 percent of the area of the front
building facade if such facade is located 250
feet or more from the street right of way. In
no case shall the maximum permitted area
exceed 500 square feet.
B. Secondary Signs. A business may have
a secondary wall sign where the facade of a
business has frontage on a second street which
provides vehicular access to the site. The
additional area for a secondary sign shall not
exceed 25 percent of the total sign area
permitted under subsection A of this section
and shall be located on that building facade
which faces the second street.
C. Freestanding and Ground -mounted
Signs. In addition to the requirements of
subsection A of this section, one freestanding
or ground -mounted sign shall be permitted
per lot subject to the requirements of section
[15.08.140] 15.08.270 and [15.08.150115.08.280
respectively.
D. Directional Signs. On -premises
directional signs designed to be read by a
person on the premises on which the sign is
located and used to identify or locate an
entrance, exit or drive -up window, limited to
four square feet in area and four feet in
height.
E. Motor Vehicle Service or Drive -up
Window Signs. For a motor vehicle service or
Chapter 15.08 11 (10/95)
drive -up window, sign area shall be limited to
one ground -mounted sign not to exceed 12
square feet.
F. Building Directory Signs. Building
directory signs not to exceed three square feet
per occupant.
G. Alley Signs. An alley sign limited to six
square feet used to identify the business.
Such sign shall be located at the service
entrance of the business and shall not be
located on the same facade as any other sign.
H. Exempt and Temporary Signs. Exempt
and temporary signs shall be as provided in
sections [15.08.100] 15.08.230 and [15.08.110]
15.08.240 of this chapter. (Ord. 95-063 § 1,
1995; Ord. 81-009 § 1, Exhibit A, § 1.170(1),
1981)
15.08.[240]370 Shopping center complexes.
Signs permitted in this section shall be the
only signs permitted in a shopping center
complex.
A. Wall Signs. The maximum area
permitted for a business having a public
entrance on a street or parking area shall not
exceed six percent of the area of that portion
of the front building facade which adjoins the
floor area of the business, provided such
building facade is located less than 250 feet
from the street right of way. The maximum
area permitted for a business having a public
entrance on a street or parking area shall not
exceed 10 percent of the area as specified in
this chapter, provided such building facade is
located 250 feet or more from the street right
of way. In either case, the permitted sign area
shall not exceed a maximum of 500 square
feet.
B. Secondary Signs. A business may have
a secondary wall sign where the business has
a public entrance on a second street or
parking area. The additional area for a
secondary sign shall not exceed 25 percent of
the sign area permitted under subsection A of
this section and shall be located on that
building facade where the secondary public
entrance is provided.
C. Freestanding and Ground -mounted
0148-0A`43_13
Signs. In addition to the requirements of
subsection A of this section, one freestanding
or ground -mounted sign shall be permitted for
each street frontage providing direct vehicular
access into the complex. Such sign shall
identify the name of the shopping center
complex and shall not identify specific
businesses within the center. Such signs shall
be subject to the requirements of sections
[15.08.140] 15.08.270 and [15.08.150] 15.08.280
of this chapter respectively.
D. Directional Signs. On -premises
directional signs not to exceed four square
feet in area and four feet in height used to
identify or locate an entrance, exit or drive -up
service window.
E. Motor Vehicle Service Entrance or
Drive -up Window Signs. For a motor vehicle
service entrance or a drive -up window, limited
to one ground -mounted sign not to exceed 12
square feet in area.
F. Building Directory Signs. A building
directory sign shall be limited to three square
feet per occupant.
G. Alley Signs. An alley sign limited to six
square feet used to identify the business.
Such sign shall be located at the service
entrance of the business and shall not be
located on the same facade as any other sign
used to identify the business.
H. Exempt and Temporary Signs. Exempt
and temporary signs shall be as provided in
sections [15.08.100] 15.08.230 and [15.08.110]
15.08.240 of this chapter. (Ord. 95-063 § 1,
1995; Ord. 81-009 § 1, Exhibit A, § 1.170(2),
1981)
15.08.[250]380 Business complexes.
A. Signs permitted in this section shall be
the only signs permitted in a business
complex.
1. Ground -mounted Signs. A business
complex may have one ground -mounted sign
for each street frontage which provides direct
vehicular access into the complex. Such sign
shall be used to identify the name of the
complex. In lieu of a ground -mounted sign,
the business complex may have a wall sign not
Chapter 15.08 12 (10/95)
to exceed 40 square feet for each street
frontage which provides direct vehicular access
into the complex.
2. Wall Signs. An individual business
within a business complex which is located on
the ground floor of the business complex and
has direct pedestrian access to a street or
parking area shall be permitted one sign with
a maximum sign area not to exceed ten
percent of the area of the facade of the
individual business which faces such street or
parking area.
3. Building Directory Signs. A building
directory sign shall be limited to three square
feet per occupant.
4. Exempt and Temporary Signs. Exempt
and temporary signs shall be as provided in
sections [15.08.100] 15.08.230 and [15.08.110]
15.08.240 of this chapter.
B. Signs for residential and institutional
uses shall be subject to the requirements of
section [15.08.200] 15.08330 of this chapter.
(Ord. 95-063 § 1, 1995; Ord. 81-009 § 1,
Exhibit A, § 1.170(3), 1981)
15.08.[260]390 Rural service center zone.
This section applies to all signs with the
rural service center (RSC) zones as identified
within the zoning ordinance. No sign shall be
permitted in this zone except as provided in
this section.
A. Sign Area. The maximum permitted
sign area for retail or service establishments in
the RSC zone shall not exceed the following:
1. For those businesses with a street
frontage providing vehicular access to a
roadway designated as an arterial on the
County Roadway Network Plan, the
requirements of sections [15.08.220] 15.08350
through [15.08.250] 15.08380 of this chapter
shall apply.
2. For those businesses without direct
vehicular access to a roadway designated as an
arterial on the County Roadway Network
Plan, the requirements of section [15.08.200]
15.08.330 shall apply.
B. All signs for agricultural and residential
uses within the rural service center zone shall
0148-0234
be subject to the requirements of sections
[15.08.190115.08.320 and [15.08.200] 15.08330
respectively. (Ord. 95-063 § 1, 1995; Ord. 81-
009 § 1, Exhibit A, § 1.180, 1981)
15.08.[270]400 Industrial zones.
This section applies to all signs in the
following zones: Zones designated industrial
park (IP), light industrial (IL) and general
industrial (IG) within the Bend urban growth
boundary zoning ordinance; and zones
designated light industrial (M-1) and heavy
industrial (M-2) within the Redmond urban
area zoning ordinance. No signs shall be
permitted in these zones except as provided in
this section.
A. Wall Signs. For each permitted or
conditional use in an industrial zone, the
maximum permitted sign area on a building
shall not exceed five percent of the area of the
front building facade; provided, however, such
sign does not exceed a maximum area of 500
square feet. The signing shall only be located
on that facade which faces the street where
access is obtained.
B. Ground -mounted Signs. In addition to
the provisions of subsection A of this section,
one ground -mounted sign shall be permitted
for each street frontage which provides direct
vehicular access into the site, subject to the
requirements of section [15.08.150] 15.08.280
of this chapter.
C. Freestanding Signs. In lieu of a ground -
mounted sign as permitted in subsection B of
this section, an industrial building may have
one freestanding sign not to exceed 50 square
feet in area and shall be located adjacent to
the street frontage providing direct vehicular
access into the project. The maximum height
of a freestanding sign shall not exceed 20 feet.
D. Directory Signs. A building directory
sign limited to three square feet per occupant.
E. Exempt and Temporary Signs. Exempt
and temporary signs shall be as provided in
sections [15.08.100] 15.08.230 and [15.08.110]
15.08.240 of this chapter.
F. Content. Signs permitted in this zone
shall be identity signs only. (Ord. 95-063 § 1,
Chapter 15.08 13 (10/95)
1995; Ord. 81-009 § 1, Exhibit A, § 1.190,
1981)
15.08.[280]410 Airport development zone.
This section applies to all signs within the
airport development (A -D) zone as identified
within the zoning ordinance. No signs shall be
permitted in this zone except as set forth in
this section.
For signs identifying uses within the A -D
zone, the requirements of section [15.08.200]
15.08.330 shall apply. (Ord. 95-063 § 1, 1995;
Ord. 81-009 § 1, Exhibit A, § 1.195, 1981)
Article V1. Nonconforming Signs
15.08. [290] 420 Existing signs -Conformance
required.
Except as provided in this section, signs in
existence on the date of enactment of the
ordinance codified in this chapter which are
not in conformance with the provisions of this
chapter shall be regarded as nonconforming
signs and must be removed, altered or
replaced so as to conform within five years of
the said date. Signs in violation of any prior
code or requirement must conform
immediately. (Ord. 95-063 § 1,1995; Ord. 81-
009 § 1, Exhibit A, § 1.260, 1981)
15.08.[300]430 Special requirements.
A nonconforming sign which is structurally
altered, relocated or replaced shall
immediately conform to the requirements of
this chapter except that:
A. A sign may be removed from its sign
structure for the purpose of repair,
maintenance or a change of copy within the
dimensions of the existing sign.
B. Signs may be structurally altered where
such alteration is necessary for the public
safety.
C. Such signs may be reconstructed if they
are moved for construction or repair of public
works or public facilities and such
reconstruction is completed within one year.
D. Such signs may be reconstructed if they
0145- 0 5
are damaged by an act of God or an accident,
provided such damage does not exceed 50
percent of the cost of reconstruction of the
entire sign, and provided that such sign is
reconstructed within 90 days of the date the
sign is damaged. (Ord. 95-063 § 1, 1995; Ord.
81-009 § 1, Exhibit A, § 1.270, 1981)
15.08. [310] 440 Compliance.
A change in use or occupation of a site shall
require full compliance with the provisions of
this chapter. (Ord. 95-063 § 1, 1995; Ord. 81-
009 § 1, Exhibit A, § 1.280, 1981)
15.08.[320]450 Removal of illegal signs.
A. The planning director may order the
removal of any sign erected or maintained in
violation of the provisions of this section or
other applicable provisions of this chapter.
Except as provided in section [15.08.340]
15.08.470, the planning director shall give 30
days' written notice to the owner of the sign
or the owner of the building, structure or
premises upon which the sign is located to
remove the sign or bring it in compliance with
the provisions of this chapter.
B. If the owner of the sign, building,
structure or premises upon which the sign is
located has been notified pursuant to this
section and fails to comply or remove the sign,
the planning director may order the removal
of such sign at the expense of the owner of
the sign, building, structure or premises on
which the sign is located and such costs and
expenses including, but not limited to, the
notification, efforts to secure compliance, sign
removal, storage and transportation, may be a
lien against the land or premises on which the
sign is located and may be collected or
foreclosed in the same manner as liens are
entered in the lien docket of the county. (Ord.
95-063 § 1, 1995; Ord. 81-009 § 1, Exhibit A,
§ 1.290, 1981)
15.08. [330] 460 Abandoned signs.
A. A sign shall be removed within 30 days
by the owner or lessee of the premises upon
which the sign is located when the advertised
Chapter 15.08 14 (10/95)
business is no longer conducted on the
premises. Abandoned signs may be removed
and costs may be collected as provided in
section [15.08.320] 15.08.450 of this chapter.
B. Outdoor advertising signs where a
person has merely leased or contracted
advertising space need not be moved in
accordance with this section. (Ord. 95-063 § 1,
1995; Ord. 81-009 § 1, Exhibit A, § 1.300,
1981)
15.08.[340]470 Removal of unsafe signs.
If the planning director determines that the
supports, braces, grip anchors, etc. are not
kept in good repair or safe condition, or if the
sign presents an immediate and serious danger
to the public, he may, without prior written
notice, order its immediate removal or repair
within a period of time he may specify. The
director may authorize the removal of such
signs in the event that the person responsible
for such sign cannot be found, or after
notification, such person fails to repair or
remove it. The owner of the sign and the
owner of the building, structure or premises
upon which the sign is located are jointly and
severably liable for its removal or repair as
provided in section [15.08.320] 15.08.450 of
this chapter. (Ord. 95-063 § 1, 1995; Ord. 81-
009 § 1, Exhibit A, § 1.310, 1981)
Article VII. Measurement, Materials and
Illumination
15.08.[350]480 Sign measurement.
A. Measurement Specifications. The
following criteria shall be used in measuring a
sign to determine compliance with this
chapter:
1. Area or Sign Area. The area of a sign
shall be measured within lines drawn between
the outermost edges of a sign including
nonstructural trim, facing, announcement and
display, but exclusive of essential structural
supports. Where a sign is of three-
dimensional shape, the largest cross-section
shall be used in a flat projection for the
purpose of determining sign area. Where
0148-02L6
open area is employed between sections,
modules, characters or words forming the
display surface, sign area shall be the smallest
outline which encloses the entire group. For
a two-faced sign with sign faces parallel and
not more than three feet apart, only one face
is measured for determining sign area. For a
V -type sign with not more than three feet
between display surfaces at the farthest point,
only one face is measured for determining sign
area.
2. Clearance. Clearance of a sign is
measured from the average grade at the base
of the sign to the lowest point of the sign.
3. Height. Height is measured from the
average level of the existing grade at the base
of the sign to the highest point of the sign.
B. Area of Front Building Facade. When
the area of the front building facade is used to
determine sign area, such area shall be
computed by multiplying the width of the
building frontage or portion thereof by the
height of the building or portion thereof which
is devoted to the particular business. False
fronts and mansard roofs may be included
when calculating the area of the building
facade. (Ord. 95-063 § 1, 1995; Ord. 81-009 §
1, Exhibit A, § 1.060, 1981)
15.08. [360] 490 Permitted materials.
A. Materials for construction of signs and
sign structures shall be the quality and grade
as specified for buildings in the Uniform
Building Code.
B. In all sign and sign structures, the
material and details of construction shall, in
the absence of specified requirements,
conform to the following:
1. Structural steel shall be of such quality
as to conform with the Uniform Building
Code Standard. Secondary members in
contact with or directly supporting the display
surface may be forged of light gauge steel,
provided such members are designed in
accordance with the specifications of the
design of light gauge steel as specified in the
Uniform Building Code Standard and in
addition shall be galvanized. Secondary
Chapter 15.08 15 (10/95)
members, when formed integrally with the
display surface, shall not be less than No. 24
thickness. When not formed integrally with
the display surface, the minimum thickness of
the secondary members shall be No. 12 gauge.
Minimum thickness of hot -rolled steel
members furnishing structural support for
signs shall be one-fourth inch except that if
galvanized, such members shall not be less
than one-eighth inch thick. Steel pipes shall
be of such quality as to conform with the
Uniform Building Code Standard. Steel
members may be connected with one
galvanized bolt provided the connection is
adequate to transfer the stresses in the
members.
2. Wood anchors and supports, when
embedded in the soil, shall be pressure -treated
with an approved preservative. Such members
shall be marked and branded by an approved
agency recognized by the Uniform Building
Code.
3. Nonstructural trims, signs under
marquees and portable display surfaces may
be of wood, metal, approved plastics or any
combination thereof.
4. Display surface may be of any approved
material except glass. Glass may be used in
any neon tubing and incandescent lamp and
tube.
5. The planning director may require that
sufficient technical data be submitted to
substantiate the proposed use of any plastic
material and, if it is determined that the
evidence submitted is satisfactory for the use
intended, he may approve its use.
6. No combustible material other than
approved plastics shall be used in the
construction of any electric sign.
7. Wood may be used in signs subject to
the requirements of the county's building and
fire codes.
8. Wood signs shall be supported by a
minimum four -inch by four -inch nominal post.
(Ord. 95-063 § 1, 1995; Ord. 81-009 § 1,
Exhibit A, § 1.420, 1981)
014S-023`7
15.08.[370]500 Illumination standards.
No sign shall be erected or maintained
which, by use of lights or illumination, creates
an unduly distracting and hazardous condition
to a motorist, pedestrian or the general public.
In addition:
A. No exposed reflective type bulb, or
incandescent lamp, which exceeds 25 watts,
shall be exposed to direct view from a public
street or highway, but may be used for indirect
light illumination of the display surface of a
sign.
B. When neon tubing is employed on the
exterior or interior of a sign, the capacity of
such tubing shall not exceed 300 milliamperes
rating for white tubing nor 100 milliamperes
rating for any colored tubing.
C. When fluorescent tubes are used for the
internal illumination of a sign, illumination
shall not exceed illumination equivalent to 800
milliamperes rating tubing behind a plexiglass -
faced space at least nine inches, center to
center.
D. No sign may be internally illuminated if
the wall of the building on which the sign is
displayed directly abuts a residential zone.
E. No colored lights shall be used at any
location or in any manner so as to be
confused with or construed as traffic -control
devices.
F. No sign may be erected or maintained
if it contains, includes or is illuminated by any
flashing, intermittent, revolving, rotating or
moving light or lights, or moves, or has any
animated or moving parts; however, this does
not apply to a traffic -control sign or portions
thereof providing only public service
information such as time, date, temperature,
weather or similar information. (Ord. 95-063
§ 1, 1995; Ord. 81-009 § 1, Exhibit A, § 1.430,
1981)
Article VIII. Maintenance, Construction
and Safety Standards
15.08.[380]510 Maintenance.
A. All signs together with all of their
supports, braces, guys and anchors shall be
Chapter 15.08 16 (10/95)
kept in good repair and be maintained in a
safe condition. All signs and the site on which
they are located shall be maintained in a neat,
clean and attractive condition. Signs shall be
kept free from excessive rust, corrosion,
peeling paint or other surface deterioration.
The display surfaces, trims, frames and
supports of all signs shall be kept neatly
painted or otherwise neatly maintained, as
applicable.
B. No person shall scatter, daub or leave
any paint, paste or glue or other substances
used for painting or affixing a message to the
display surface of any sign or throw or permit
to be scattered or thrown any bills, waste
matter, paper, cloth or materials of
whatsoever kind removed from a sign on any
public street, sidewalk or private property.
(Ord. 95-063 § 1, 1995; Ord. 81-009 § 1,
Exhibit A, § 1.340., 1981)
15.08.[390]520 Design.
A. All bracing systems shall be designed
and constructed to transfer lateral forces to
the foundations. For signs on buildings, the
dead and lateral loads shall be transmitted
through the structural frame of the building to
the ground in such a manner as not to over
stress any of the elements thereof.
B. The overturning moment produced from
lateral forces shall in no case exceed two-
thirds of the dead -load resisting moment.
Uplift due to overturning shall be adequately
resisted by proper anchorage to the ground or
to the structural frame of the building. The
weight of earth superimposed over footings
may be used in determining the dead -load
resisting moment. Such earth shall be
carefully placed and thoroughly compacted.
(Ord. 95-063 § 1, 1995; Ord. 81-009 § 1,
Exhibit A. § 1.352, 1981)
15.08. [400] 530 Wind loads.
Signs shall be designed and constructed to
withstand wind loads as set forth in the
Uniform Building Code. (Ord. 95-063 § 1,
1995; Ord. 81-009 § 1, Exhibit A, § 1.350,
1981)
('31
15.08.[410]540 Seismic loads.
Signs shall be designed and constructed to
resist seismic forces as specified in chapter 23
of the Uniform Building Code. (Ord. 95-063
§ 1,1995; Ord. 81-009 § 1, Exhibit A, § 1.360,
1981)
15.08.[420]550 Combined loads.
A. Wind and seismic loads need not be
combined in the design of signs and only that
load producing the larger stresses need be
used.
B. Vertical design loads, except roof live
loads, shall be assumed to be acting
simultaneously with the wind or seismic loads.
(Ord. 95-063 § 1, 1995; Ord. 81-009 § 1,
Exhibit A, § 1.370, 1981)
15.08.[430]560 Allowable stresses.
A. The design of wood, concrete, steel or
aluminum members shall conform to the
requirements of chapters 25, 26, 27 and 28 of
the Uniform Building Code. Loads, both
vertical and horizontal, exerted on the soil
shall not produce stresses exceeding those
specified in chapter 29 of the Uniform
Building Code.
B. The working stresses of wire rope and
its fastenings shall not exceed 25 percent of
the ultimate strength of the rope or fasteners.
(Ord. 95-063 § 1, 1995; Ord. 81-009 § 1,
Exhibit A, § 1.372, 1981)
15.08.[440]570 Anchorage and supports.
A. Members supporting unbraced signs
shall be so proportioned that the bearing loads
imposed on the soil in either direction,
horizontal or vertical, shall not exceed safe
values. Braced ground signs shall be anchored
to resist the specified wind or seismic load
acting in any direction. Anchors and supports
shall be designed for safe bearing loads on the
soil and for an effective resistance to pull-out
amounting to a force of 25 percent greater
than the required resistance to overturning.
Anchors and supports shall penetrate to a
depth below ground greater than the frost
line.
Chapter 15.08 17 (10/95)
B. Signs attached to masonry, concrete or
steel shall be safely and securely fastened
thereto by means of metal anchors, bolts or
approved expansion screws of sufficient size
and anchorage to support safely the loads
applied.
C. Unless such wall is designed in
accordance with the requirements specified in
chapter 23 of the Uniform Building Code, no
anchor or support of any sign or wall facade
for signs shall be connected to, or supported
by an unbraced parapet wall.
D. No wooden blocks or plugs or anchors
with wood used in connection with screws or
nails shall be considered proper anchorage,
except in the case of signs attached to wood
framing. (Ord. 95-063 § 1, 1995; Ord. 81-009
§ 1, Exhibit A, § 1.380, 1981)
15.08. [450] 580 Electric sign construction.
A. The enclosed shell of electric signs shall
be weather -tight, excepting that service holes
fitted with tight covers shall be provided for
each compartment of such sign.
B. All electrical equipment used in
connection with such signs shall be installed in
accordance with the Uniform Electrical Code,
with state amendments.
C. Every electric sign shall have painted on
the surface of the sign the name of the erector
and the date the sign was erected. Such name
and date shall be of sufficient size and
contrast to be visible from a reasonable
distance. (Ord. 95-063 § 1, 1995; Ord. 81-009
§ 1, Exhibit A, § 1.410, 1981)
15.08.[460]590 Clearance from high voltage
power lines.
A. Signs shall be located not less than eight
feet horizontally and twelve feet vertically
from overhead electrical conductors which are
energized in excess of standard service load as
determined by the utility company providing
the service.
B. The term "overhead conductors" as used
in this section means any electrical conductor,
either bare or insulated, installed above the
ground except such conductors as are enclosed
0148-02U9
in iron pipe or other material covering of
equal strength. (Ord. 95-063 § 1, 1995; Ord.
81-009 § 1, Exhibit A, § 1.390, 1981)
15.08. [470] 600 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.
Signs erected within five feet of an exterior
wall in which there are openings within the
area of the sign shall be constructed of
incombustible material or approved plastics.
(Ord. 95-063 § 1, 1995; Ord. 81-009 § 1,
Exhibit A, § 1.400, 198 1)
Article IX. Variances
15.08. [480] 610 Variance application.
An applicant for a sign permit may seek a
variance to the provisions of this chapter.
Variance requests for sign location or for sign
height or area which are within 20 percent of
the applicable permitted height or area
requirements specified within this chapter may
be determined by the planning director. The
decision of the planning director may be
appealed to the hearings officer. Requests for
variances which exceed 20 percent of the
applicable permitted height or area
requirements specified within this chapter and
other deviations from this chapter shall be
determined by the hearings officer as provided
in the zoning ordinance. (Ord. 95-063 § 1,
1995; Ord. 86-028 § 1 (part), 1986; Ord. 81-
009 § 1, Exhibit A, § 1.440 (part), 1981)
15.08. [490] 620 Review -Approval.
A variance may be granted upon a finding
by the appropriate review body that all of the
following criteria can be satisfied:
A. The request will not be contrary to the
public interest or the intent and purpose of
this chapter and particularly the zone
involved.
B. The request will not cause a substantial
adverse effect upon property values or
Chapter 15.08 18 (10/95)
environmental conditions in the immediate
vicinity or in the zone in which the property of
the applicant is located.
C. The variance will relate only to property
that is under control of the applicant.
D. Circumstances or conditions for which
the variance is requested shall not have
resulted from any act of the applicant or his
predecessors or agents subsequent to the
adoption of the particular zoning regulations
from which relief is sought, and thereby be
used as justification of issuance of a variance.
E. The request will be the minimum
variance necessary to alleviate the hardships
or practical difficulties.
F. There are exceptional or extraordinary
circumstances or physical conditions such as
narrowness, shallowness, shape or topography
of the property that do not generally apply to
either properties or uses in the same zoning
district.
G. Such variation is necessary for the
preservation of a substantial property right
possessed by other properties in the same
zoning district and where such variation would
result in comparatively trivial detriment to the
neighborhood, and such variation of this
chapter is clearly outweighed by benefits to
the neighborhood or to the public safety,
convenience or general welfare. (Ord. 95-063
§ 1, 1995; Ord. 86-028 § 1 (part), 1986; Ord.
81-009 § 1, Exhibit A, § 1.440 (part), 1981)
15.08. [500] 630 Conditions.
In determining a variance, the planning
director or the hearings officer may attach
such conditions to granting all or a portion of
any variance as necessary to achieve the
purposes of this chapter. (Ord. 95-063 § 1,
1995; Ord. 81-009 § 1, Exhibit A, § 1.440
(part), 1981)
Article X. Inspection and Enforcement
15.08. [510] 640 Inspection.
The planning director and building official
may inspect signs periodically to determine
their conformance with this chapter. (Ord. 95 -
014S--00'?Ma
063 § 1, 1995; Ord. 81-009 § 1, Exhibit A, §
1.320, 1981)
15.08. [520] 650 Enforcement.
The planning director is authorized and
directed to enforce the provisions of this
chapter.
A. The planning director shall store any
sign removed by him for a period of 30 days
from the time the person responsible for such
action is notified as provided in this chapter.
At the expiration of the specified time, if the
person responsible for the sign has not
reclaimed the sign as provided for in
subsection B of this section, the planning
director may destroy the sign or dispose of it
in any manner he deems appropriate.
B. To reclaim a sign removed by the
planning director, the person shall pay to the
county as directed, an amount equal to the
entire cost incurred by the director as
provided for in section [15.08.320] 15.08.450
of this chapter. (Ord. 95-063 § 1, 1995; Ord.
81-009 § 1, Exhibit A, § 1.330, 1981)
15.08. [530] 660 Violation declared a nuisance.
The location, erection, construction,
maintenance, repair, alteration or use of a sign
in violation of this chapter is declared a
nuisance. (Ord. 95-063 § 1, 1995; Ord. 81-009
§ 1, Exhibit A, § 1.480, 1981)
15.08. [540] 670 Violation -Infraction.
Violation of any provision of this chapter is
a Class A infraction. (Ord. 95-063 § 1, 1995;
Ord. 83-025 § 1, 1983; Ord. 81-009 § 1,
Exhibit A, § 1.460, 198 1)
Chapter 15.08 19 (10/95)
Chapter 15.10
OUTDOOR LIGHTING CONTROL
Sections:
15.10.010 Purpose and intent as relates
to residential, commercial and
public area lighting.
15.10.020 Purpose and intent as relates
to street lighting.
15.10.030 Conformance with applicable
codes.
15.10.040
Approved materials and
methods of construction or
installation/operation.
15.10.050
Definitions.
15.10.055
Definition -Outdoor light
fixtures.
15.10.060
Definition -Community
Development Department.
15.10.065
Definition -Exempt light
fixtures.
15.10.070
Definition -Individual.
15.10.075
Definition -Installed.
15.10.080
Definition -Shielding.
15.10.085
Definition -Fully shielded.
15.10.090
Definition -Partially shielded.
15.10.095
Definition -Directed shielding.
15.10.100
Definition -Unshielded.
15.10.105
Definition -High intensity
discharge lamp sources.
15.10.110
Definition -Luminous tube
lighting.
15.10.120
Requirements for installation
of outdoor lighting.
15.10.130
Submission of plans and
evidence of compliance with
code -subdivision plats.
15.10.140
Shielding.
15.10.150
Prohibitions.
15.10.160
Externally lighted outdoor
advertising signs, billboards.
15.10.170
Exemptions.
15.10.180
Violations and penalties.
15.10.190
Violations constitute public
nuisance.
15.10.200
Code requirements table for
shielding.
0148-0�411
15.10.010 Purpose and intent as relates
to residential, commercial and
public area lighting.
The purpose of this section is to affirm the
right of citizens in Deschutes County, Oregon
to illuminate residential, commercial and
public areas with lighting fixtures appropriate
to the need while utilizing such illumination in
a way that preserves rural and urban vistas
and is confined to the property from which it
is generated. (Ord. 94-024 § 1, 1994)
15.10.020 Purpose and intent as relates
to street lighting.
The purpose of this section is to affirm that
citizens of Deschutes County, Oregon have a
right to the safety of well -lighted streets and
highways and that such illumination by nature
cannot be confined to the property from
which it is generated. Thus, certain high
wattage and low wattage applications for the
propose of highway safety as defined below
are allowed under these provisions. (Ord. 94-
024 § 1, 1994)
15.10.030 Conformance with applicable
codes.
All outdoor electrically powered
illuminating devices shall be installed in
conformance with the provisions of this code,
the building code, the electrical code, and the
sign code of the jurisdiction. No provision of
this ordinance are intended to pre-empt
applicable state codes. (Ord. 94-024 § 1,
1994)
15.10.040 Approved materials and
methods of construction or
installation/operation.
The provisions of this code are not intended
to prevent the use of any design, material, or
method of installation or operation not
specifically prescribed by this code, provided
any such alternate has been approved. The
building official may approve any such
proposed alternate that:
A. Provides an equivalent alternative design
that does not exceed 1800 lumens nor project
Chapter 15.10 1 (10/95)
light off-site of the subject lot or parcel.
(Ord. 94-024 § 1, 1994)
15.10.050 Definitions.
Whenever appropriate in applying the
provisions of this chapter, the following words
and phrases are defined as set forth in
15.10.055-110. (Ord. 95-063 § 1, 1995; Ord.
94-024 § 1, 1994)
15.10.055 Definition -Outdoor light
fixtures.
"Outdoor light fixtures" means outdoor
artificial illuminating devices, outdoor fixtures,
lamps and other similar devices, permanently
installed or portable, used for flood lighting,
general illumination or advertisement. Such
devices shall include, but are not limited to,
search, spot and flood lights for:
1. buildings and structures;
2. recreational areas;
3. parking lot lighting;
4. landscape lighting;
5. billboards and other signs (advertising
or other);
6. street lighting;
7. product display area lighting;
8. building overhangs and open canopies;
9. holiday lighting.
(Ord. 94-024 § 1, 1994)
15.10.060 Definition -Community
Development Department.
"Community Development Department"
means the Community Development
Department or designated representative(s)
for the purposes of th[e]is ordinance. (Ord.
95-063 § 1, 1995; Ord. 94-024 § 1, 1994)
15.10.065 Definition -Exempt light
fixtures.
"Exempt light fixtures" means outdoor
artificial illuminating devices which are
exempted by section 15.10.110. (Ord. 94-024
§ 1, 1994)
15.10.070 Definition -Individual.
"Individual" means any private individual,
tenant, lessee, owner or any commercial entity
including but not limited to companies,
partnerships, joint ventures or corporations.
(Ord. 94-024 § 1, 1994)
15.10.075 Definition -Installed.
"Installed" means initial installation of
outdoor lighting fixtures following the
effective date of this ordinance. Projects with
approved construction plans prior to effective
date of this ordinance are excluded from
compliance with the ordinance in the initial
installation only. (Ord. 94-024 § 1, 1994)
15.10.080 Definition -Shielding.
"Shielding" for the purpose of this ordinance
is provided for a lighting fixture by design of
such fixture or by an externally applied device
such as a shroud or hood of metal, wood or
painted glass that does not allow transmission
of light. (Ord. 94-024 § 1, 1994)
15.10.085 Definition -Fully Shielded.
"Fully shielded" means outdoor light fixtures
shielded or constructed so that light rays
emitted by the fixture are projected below the
horizontal plane. (Ord. 94-024 § 1, 1994)
15.10.090 Definition -Partially shielded.
"Partially shielded" means shielding so that
the edge of the shield is at or below the
centerline of the light source or lamp so as to
limit light emission above the horizontal plane
to 10 percent or less. (Ord. 94-024 § 1, 1994)
15.10.095 Definition -Directed shielding.
"Directed shielding" means shielding by
design or external application that directs light
downward and limits direct line -of -sight of a
fixture's lamp to the property upon which the
fixture is installed. (Ord. 94-024 § 1, 1994)
15.10.100 Definition -Unshielded.
"Unshielded" means light fixtures lacking
any means to restrict the emitted light to
below the horizontal plane.
Chapter 15.10 2 (10/95)
15.10.105 Definition -High intensity
discharge lamp sources.
"High intensity discharge lamp sources"
means high pressure sodium, mercury vapor,
metal halide, low pressure sodium, and other
similar lamps. (Ord. 94-024 § 1, 1994)
15.10.110 Definition -Luminous tube
lighting.
"Luminous tube lighting" means gas-filled
tubing which, when subjected to high voltage,
becomes luminescent in a color characteristic
of the particular gas used, e.g. neon, argon,
etc. (Ord. 94-024 § 1, 1994)
15.10. [060] 120 Requirements for
installation of outdoor
lighting.
A. Except as exempted by provisions of this
ordinance, as of the date of adoption, the
installation of outdoor lighting fixtures shall
be subject to the provisions of this ordinance.
(Ord. 95-063 § 1,1995; Ord. 94-024 § 1, 1994)
15.10. [070] 130 Submission of plans and
evidence of compliance with
code -subdivision plats.
A. All proposed subdivisions and partitions
within Deschutes County that include outdoor
lighting fixtures or street lighting shall be
subject to the provisions of this ordinance.
(Ord. 95-063 § 1,1995; Ord. 94-024 § 1, 1994)
15.10. [080] 140 Shielding.
A. All nonexempt outdoor lighting fixtures
shall have shielding as required by the tables
set forth in section 15.10.[140]200. (Ord. 95-
063 § 1, 1995; Ord. 94-024 § 1, 1994)
15.10. [090] 150 Prohibitions.
A. Laser Source Light. The use of laser
source light or any similar high intensity light
for outdoor advertising or entertainment,
when projected above the horizontal is
prohibited.
B. Searchlights. The operation of
searchlights for advertising purposes is
prohibited between eleven o'clock P.M. and
0148-0243
sunrise the following morning.
C. Recreational Facilities. No outdoor
recreational facility, public or private, shall be
illuminated after eleven o'clock P.M. except to
conclude a specific recreational or sporting
event or any other similar activity conducted
at or in the facility which was in progress
under such illumination prior to eleven o'clock
P.M., except that any outdoor recreational
facility, public or private, which is illuminated
with outdoor lighting fixtures conforming to
this code may operate any time with such
illumination. (Ord. 95-063 § 1,1995; Ord. 94-
024 § 1, 1994)
15.10. [100] 160 Externally lighted outdoor
advertising signs, billboards.
A. All externally lighted advertising signs
and billboards will be illuminated by one of
the following manners:
1. Top mounted fixtures in which case
such fixtures will conform to the shielding
requirements as set forth in section 15.10.140.
2. Bottom mounted fixtures in which case
such fixtures shall be shielded either by
application of external device or manufactured
in such a way that upward and side directed
light is confined to an area within 4 (four)
inches of the outermost surface of the sign's
top and sides. Shielding will be constructed in
such a manner that no reflective surface of the
lighting fixture will extend past the limit of the
shielding in the vertical plane when viewed
from directly above. (See typical drawings -
Figure 1 and Figure 2 attached) (Ord. 95-063
§ 1, 1995; Ord. 94-024 § 1, 1994)
15.10. [110] 170 Exemptions.
A. Nonconformance.
1. All other outdoor light fixtures lawfully
installed prior to and operable on the effective
date of the requirements codified in this
ordinance are exempt from all such
requirements except those regulated in
subsections A, B, and C of section 15.10.090
or as follows:
a. All replacement of outdoor lighting
fixtures, as of the date of adoption, shall be
Chapter 15.10 3 (10/95)
subject to the provisions of this ordinance.
b. Until a date five years after the date of
adoption of this code, August 31, 1999.
2. Fossil Fuel Light. All outdoor light
fixtures producing light directly by the
combustion of natural gas or other fossil fuels
are exempt from all requirement of this code.
B. Airport operations lighting and aircraft
navigational beacons as established by the
Federal Aviation Administration are
permanently exempt from these provisions. All
other airport outdoor lighting must conform
to the intent of this ordinance.
C. Correctional Institutions. Exterior
lighting for county correctional institutions
shall be shielded high pressure sodium except
at the immediate entry area, in which case
other lighting may be used that conforms to
the intent of this ordinance.
D. Lights used for holiday decorations for
no more than 45 days are exempt from the
requirements of this ordinance.
E. Carnivals and Fairs that require the use
of temporary outdoor lighting fixtures are
exempt except that permanent installations at
dedicated sites must conform to the
requirements of this ordinance.
F. Historical areas as designated by proper
authority are exempt from the requirements of
this ordinance. Use of the minimum
illumination necessary to maintain public
safety is encouraged.
G. Motion detector lights that operate
automatically for periods of less than 20
minutes.
H. U.S. flags displayed by top mounted
lighting on a 24 hours basis.
I. Internally lighted advertising signs.
J. Temporary exemptions to the provision
of this title for five days per calendar year.
K. Television or movie film productions are
exempt except that permanent installations at
dedicated sites must conform to the
requirements of this ordinance.
L. Customary agricultural practices are
exempt except that permanent installations at
dedicated sites must conform to the
requirements of this ordinance.
0148.0244
M. Construction necessary for an allowed
use are exempt except that permanent
installations at dedicated sites must conform
to the requirements of this ordinance. (Ord.
95-063 § 1, 1995; Ord. 94-024 § 1, 1994)
15.10. [120] 180 Violations and penalties.
For any person, firm or corporation to erect,
construct, enlarge, alter, repair, move, improve
or convert any lighting structure, or cause the
same to be done, contrary to or in violation of
any provision of this ordinance shall constitute
a code infraction subject to section 18.144.050
of this Code. (Ord. 95-063 § 1,1995; Ord. 94-
024 § 1, 1994)
15.10. [130] 190 Violations constitute public
nuisance.
Any outdoor lighting fixture erected,
constructed, enlarged, altered, repaired,
moved, improved, or converted, contrary to
the provisions of this ordinance shall
constitute a code violation subject to section
18.144.040 of this Code. (Ord. 95-063 § 1,
1995; Ord. 94-024 § 1, 1994)
15.10. [140] 200 Code requirements table for
shielding.
(See attached tables)
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Chapter 15.12
SYSTEM DEVELOPMENT CHARGES
Sections:
15.12.010
Definitions.
15.12.015
Definition -Capital
improvement.
15.12.020
Definition -Improvement fee.
15.12.025
Definition -Reimbursement fee.
15.12.030
Definition -Other governmental
unit.
15.12.035
Definition -Qualified public
improvement.
15.12.040
Definition -System development
charge.
15.12.050
Adoption of system
development charges.
15.12.060
Application to pay in
installments -Order -Priority -
Publication.
15.12.070
Crediting qualified public
improvements.
15.12.075
Conditions of approval, relief
for cash contributions.
15.12.080
Authorized expenditures.
15.12.090
Expenditure restrictions.
15.12.100
Improvement plan.
15.12.110
Segregation and use of
revenue.
15.12.120
Challenge of expenditures.
15.12.130
Hearing of challenge to
expenditures.
15.12.140
Prohibited construction.
15.12.010 Definitions.
As used in this chapter, the words and
phrases are defined as set forth in 15.12.015-
040. (Ord. 95-063 § 1, 1995; Ord. 93-051 § 1,
1993)
15.12.015 Definition -Capital
improvement.
A. "Capital improvement" means facilities
or assets used for the following:
1. Water supply, treatment and
distribution;
0148-02'48
2. Waste water collection, transmission,
treatment and disposal;
3. Drainage and flood control;
4. Transportation; or
5. Parks and recreation.
B. "Capital improvement" does not include
costs of the operation or routine maintenance
of capital improvements. (Ord. 93-051 § 1,
1993)
15.12.020 Definition -Improvement fee.
"Improvement fee" means a fee for costs
associated with capital improvements to be
constructed. (Ord. 93-051 § 1, 1993)
15.12.025 Definition -Reimbursement
fee.
"Reimbursement fee" means a fee for costs
associated with capital improvements already
constructed or under construction. (Ord. 93-
051 § 1, 1993)
15.12.030 Definition -Other
governmental unit.
"Other governmental unit" refers to any
other governmental unit, as defined in Oregon
Revised Statutes chapter 223 for whose
benefit Deschutes County collects a system
development charge. (Ord. 93-051 § 1, 1993)
15.12.035 Definition -Qualified public
improvement.
[Qualified public improvement. A]
"[q]Qualified public improvement" means one
that is: (1) required as a condition of
residential development approval; (2)
identified in the plan adopted pursuant to
section [15.12.050] 15.12.090; and (3) not
located on or contiguous to property that is
the subject of residential development
approval. (Ord. 95-063 § 1, 1995; Ord. 93-051
§ 1, 1993)
15.12.040 Definition -System
development charge.
A. "System development charge" means a
reimbursement fee, an improvement fee or a
combination thereof assessed or collected at
Chapter 15.12 1 (10/95)
the time of increased usage of a capital
improvement or issuance of a development
permit, building permit or connection to the
capital improvement. System development
charge includes that portion of a sewer or
water system connection charge that is greater
than the amount necessary to reimburse the
governmental unit for its average cost of
inspecting and installing connections with
water and sewer facilities.
B. "System development charge" does not
include any fees assessed or collected as part
of a local improvement district or a charge in
lieu of a local improvement district
assessment, or the cost of complying with
requirements or conditions imposed upon a
land use decision or limited land use decision.
(Ord. 93-051 § 1, 1993)
15.12.[020]050 Adoption of system
development charges.
A. System development charges, the
collection of which are authorized by Oregon
Revised Statutes 223.297 through 223.314, are
to be collected from developers of real
property and users or prospective users of
capital improvements and may be established
and revised by the Board of County
Commissioners by resolution.
B. Each system development charge
resolution shall include the following:
1. The amount of the fee to be charged,
2. The purpose of the charge,
3. The methodology used to establish the
charge,
4. When such fees are to be paid,
5. For improvement fees, provide for a
credit when a qualified public improvement is
constructed by the developer or user who is
being required to pay a system development
charge. (Ord. 95-063 § 1, 1995; Ord. 93-051 §
1, 1993)
15.12.[025]060 Application to pay in
installments -Order -Priority -
Publication.
A. Whenever a system development charge
imposed by this chapter becomes due and
�Cf
payable, the owner of the real property, as
defined in Deschutes County Code 12.48.081,
may make application to pay the system
development charge in installments pursuant
to Oregon Revised Statutes 223.208 and
223.215.
B. Whenever the board receives such an
application from an owner entitled to make
payment of a systems development charge in
installments, the board shall enter an order
approving the application, describing the
property and owner, setting forth the principal
amount of the lien imposed on the real
property, the interest rate, and the time
period over which payments shall be made.
C. If the application to make system
development charges in installments is made
by a religious, fraternal, or charitable
organization or public corporation, the board
may in its order designate the lien to be a
second lien on the real property.
D. The board shall publish an order
authorized by this section in accordance with
Oregon Revised Statutes 223.210.
E. Where applicable, the procedures set
forth in sections 12.48.250 through 12.48.320,
Deschutes County Code, shall apply to an
order approving an application to make
system development charges in installments.
(Ord. 95-063 § 1,1995; Ord. 94-031 § 1, 1994)
15.12. [030] 070 Crediting qualified public
improvements.
In calculating the system development fee
charged against a developer, the developer
shall be credited to reflect the cost of
qualified public improvements. If a qualified
public improvement is located partially on and
partially off property that is the subject of
residential development approval, the credit
shall be only for the cost of the portion of the
improvement not located on or wholly
contiguous to the property. Such credits shall
be only for the type of improvement being
constructed and shall not exceed such
improvement fee, even if the cost of the
capital improvement exceeds the applicable
Chapter 15.12 2 (10/95)
improvement fee. (Ord. 95-063 § 1,1995; Ord.
93-051 § 1, 1993)
15.12.075 Conditions of approval, relief
for cash contributions.
A. Any condition of approval requiring a
cash contribution for transportation system
improvements for arterials or collectors by the
county, or roads treated as arterials and
collectors, which were imposed in lieu of the
construction of improvements, imposed on or
after June 15, 1993, shall receive a special
credit for transportation SDCs to be imposed
on lots or improvements at the transportation
SDC rate in effect at the time application for
a building permit is made for a building
permit on the subject property. The amount
of the credit shall not exceed the amount of
cash contribution set forth in the conditions of
approval.
B. No development shall be eligible for a
credit unless the owner(s) of real property
benefiting from a land use approval have
entered into a conditions of approval
agreement with the county. Such a conditions
and approval agreement shall, to the extent
possible, be in accordance with the
transportation SDC credit and reimbursement
policies in effect at the date of the conditions
of approval agreement. Application for credit
shall be the responsibility of the owner(s) and
shall be made within one year after the
effective date of this section.
C. No credit shall be provided for
conditions of approval requiring cash
contributions for transportation systems
improvements which have been paid prior to
the effective date of this section.
D. No credit shall accrue after June 16,
2005.
E. The Community Development
Department shall keep a ledger of all
conditions of approval imposing cash
contributions described herein and the amount
of credits applied. If an outstanding balance
exists, on June 16, 2005, the amount shall be
due and payable. (Ord. 95-063 § 1,1995; Ord.
95-049 § 1, 1995)
0148-02'50
15.12.[040]080 Authorized expenditures.
A. Reimbursement fees shall be applied
only to capital improvements associated with
the systems for which the fees are assessed,
including repayment of indebtedness.
B. Improvement fees shall be spent only on
capacity increasing capital improvements,
including expenditures relating to the
repayment of debt for such improvements.
An increase in system capacity occurs if a
capital improvement increases the level of
performance or service provided by existing
facilities or provided new facilities. The
portion of the improvements funded by
improvement fees must be related to demands
created by development. A capital
improvement being funded wholly or in part
from revenues derived from the improvement
fee shall be included in the plan adopted
under section [15.12.060] 15.12.100.
C. Notwithstanding subsections A and B of
this section, system development charge
revenue may be expended on the direct costs
of complying with the provisions of this
ordinance; including the costs of developing
system development charge methodologies and
providing an accounting of system
development charge expenditures. (Ord. 95-
063 § 1, 1995; Ord. 93-051 § 1, 1993)
15.12.[050]090 Expenditure restrictions.
A. A system development charge shall not
be expended for costs associated with the
construction of administrative office facilities
that are more than an incidental part of other
capital improvements.
B. A system development charge shall not
be expended for costs of the operation or
routine maintenance of capital improvements.
(Ord. 95-063 § 1,1995; Ord. 93-051 § 1, 1993)
15.12.[060] 100 Improvement plan.
Capital improvements for which a system
development charge has been imposed shall
be included on a capital improvement or
public facilities plan or a similar master plan
that lists (1) the capital improvements to be
funded by improvement fee revenues, (2) the
Chapter 15.12 3 (10/95)
estimated cost of those improvements, and (3)
sets forth a timetable for completion of such
improvements. (Ord. 95-063 § 1, 1995; Ord.
93-051 § 1, 1993)
15.12. [070] 110 Segregation and use of
revenue.
A. All funds derived from a system
development charge shall be segregated by
accounting practices from all other funds of
the county. The system development charge
shall be used for no other purposes than those
set forth in the section [15.12.040115.12.080
and the resolution adopting the charge.
B. The county shall provide an annual
accounting for system development charges
showing the total amount of system
development charge revenues collected for
each system and the projects that were
funded.
C. In those instances in which a systems
development charge has been adopted by and
collected by the county on behalf of another
governmental unit, such as Bend Metro Parks
and Recreation, the county may require
through an intergovernmental agreement that
ultimate responsibility for accounting for the
system development expenditures lie with such
other governmental unit.
D. In all cases in which the county acts on
behalf of another governmental unit in
adopting and collecting system development
charges and otherwise administering the
collection of and disbursement of system
development charge funds, the county shall
secure an indemnity agreement from the other
governmental unit to indemnify the county
from any claims, losses, damages or any other
expenses that the county may incur by reason
of a claim that system development charge
funds have been spent by the other
governmental unit in an unauthorized manner.
(Ord. 95-063 § 1,1995; Ord. 93-051 § 1, 1993)
15.12. [080] 120 Challenge of expenditures.
A. Any citizen or interested person may
challenge an expenditure of system
development charge revenues based upon an
0141-8-0251.
alleged failure of the county to follow the
requirements of Oregon Revised Statutes
223.307 by filing a written challenge with the
Board of County Commissioners describing,
with particularity, the expenditure which the
person is challenging and the reason that the
challenge is alleged to be unlawful. All such
challenges must be brought within two years
of the date of the expenditure challenged.
B. In those instances in which a systems
development charge is adopted and/or
collected by the county on behalf of another
governmental unit, such as Bend Metro Parks
and Recreation, any challenge regarding
alleged unauthorized expenditures shall be
directed to that other governmental unit if
such other governmental unit has adopted a
procedure to accept and respond to challenges
to system development charge expenditures, as
required by Oregon Revised Statutes 223.307.
If the other governmental unit has not
adopted procedures of its own to accept and
respond to challenges, challenges shall be
directed to the county under section
[15.12.080(A) and 15.12.090] 15.12.120(A) of
this chapter. (Ord. 95-063 § 1, 1995; Ord. 93-
051 § 1, 1993)
15.12. [090] 130 Hearing of challenge to
expenditures.
A. Unless an intergovernmental agreement
with another governmental unit provides
otherwise, a challenge to an expenditure of
system development charges collected by the
county shall be set for an administrative
hearing before the county hearings officer.
Such hearings shall be tape recorded. The
person conducting the hearing must not be
one of the persons who authorized the
challenged expenditure of funds. The
hearings officer shall provide notice to the
person challenging the expenditure and the
public employees or officials who made the
expenditure, of the hearing date, time and
place. The person conducting the hearing
shall also provide said persons an opportunity
to present evidence and legal arguments
concerning the matter. If the hearings officer
Chapter 15.12 4 (10/95)
determines that system development charges
were misspent, he or she shall forward a
report to the board detailing the hearings
officer's findings and indicating the amount of
funds misspent and from where said funds
were spent. The board shall review the
hearings officer's report and replace any funds
it determines have been misspent with funds
derived from other sources.
B. Any indemnity agreement entered into
pursuant to section [15.12.070(C)]
15.12.110(C) shall require that the other
governmental unit be the source of any
monies required by the hearing officer under
section [15.12.090(A)] 15.12.130(A) to replace
monies that the hearing officer has found to
have been misspent. (Ord. 95-063 § 1, 1995;
Ord. 93-051 § 1, 1993)
15.12. [100] 140 Prohibited construction.
A. No person, firm or corporation shall
construct a structure to which a system
development charge applies unless the
applicable system development charge has
been paid.
B. Violation of this provision shall be a
Class A infraction. (Ord. 95-063 § 1, 1995;
Ord. 93-051 § 1, 1993)
Chapter 15.12 5 (10/95)