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1998-45617-Ordinance No. 98-052 Recorded 8/31/1998169' .- 0429 REVIEWED Vc� (4 Q.uNSTL 98-45617 BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON An Ordinance Amending Chapter 15.08 and Creating toCD Chapter 15.08A to Implement the Intergovernmental Agreement between the City of Bend and the County G-.) Regarding Planning Authority within the Bend Urban * --+. r W Area and Declaring an Emergency. * rt ORDINANCE NO. 98-052 00 0 WHEREAS, the City of Bend and Deschutes County have through an interg6verental agreement transferred planning authority within the Bend Urban Area to the City of Bend; and WHEREAS, in interest of efficiency and ease of administration, the intergovernmental agreement between City and County require that the County's land use ordinances within the Bend Urban Area order be amended to consistent with the City's land use ordinances insofar as is practicable; now, therefore, THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON, ORDAINS as follows: Section 1. ADDING. Deschutes County Chapter 15.08 is amended to add a new section 15.08.015, Bend Urban Area Sign Code, as set forth in Exhibit "A," attached hereto and by this reference incorporated herein. Section 2. ADOPTION. Deschutes County Code Chapter 15.08A is hereby adopted to read as set forth in Exhibit `B," attached hereto and by this reference incorporated herein. Notwithstanding any description or reference contained therein that Chapter 15.08A is applicable only to lands within the City of Bend, the provisions contained therein shall, consistent with Deschutes County Code Section 15.08.015, apply to all lands lying outside the city limits of the City of Bend and within the Bend Urban Growth Boundary, as that term is described in that certain intergovernmental agreement between the City of Bend and the County dated February 18, 1998. The document set forth in Exhibit `B" and adopted as Chapter 15.08A herein shall be codified as part of the County Code, retaining the section numbering as set forth in Exhibit `B." Section 3. AMENDMENTS TO EXHIBIT B. Exhibit `B," attached hereto is amended in the following particulars: A. References to the geographic area of the City of Bend in the City of Bend Zoning Ordinance adopted herein shall when referring to the geographic area to which the zoning ordinance is applicable be construed to mean that portion of the Bend Urban Area lying between the Urban Growth Boundary and the city limits of the City of Bend. B. References to staff and/or institutional bodies as between the City and County shall be read to be consistent with the division of responsibilities set forth in that certain intergovernmental agreement entered into between the City of Bend and the County dated February 18, 1998. ICEYPU CF;EJ_ MICROF11 h-Eb PAGE 1 OF 2 - ORDINANCE NO. 98-052 (8/26/98) �� OCT 14 Izj�d V 169 - 0430 Section 4. APPLICABILTY TO PENDING APPLICATIONS. The standards adopted by this ordinance shall not be applicable to any applications accepted prior to the effective date of this ordinance. Section 5. REPEAL OF ORDINANCES AFFECTING EXISTING LIABILITIES. The repeal, express or implied, of any ordinance, ordinance provision, code section or any map or line on a map by this ordinance shall not release or extinguish any duty, condition, penalty, forfeiture, or liability incurred under such ordinance, unless a provision of this 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, for the purpose of authorizing the prosecution, conviction and punishment of the person or persons who violated the repealed ordinance. Section 6. 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 26`x' day of August, 1998. ATTEST: Recording Secretary BOARD OF COUNTY COMMISSIONERS OF D HUTES C Y, OREG N NANCY SC NG , Chair RO RT L. NIPPER, Co.1*'Ssioner PAGE 2 OF 2 - ORDINANCE NO. 98-052 (8/26/98) L. ssioner 169 a 0431 EXHIBIT "A" 15.08.015. Bend Urban Area Sign Code Notwithstanding any other provision of this chapter, this chapter shall not apply to those lands lying outside the city limits of Bend and within the Bend Urban Growth Boundary, as that term is defined in that certain intergovernmental agreement entered into between the city of Bend and the county dated February 18, 1998. The city of Bend Sign Code Ordinance, No. NS -1495, as adopted by the Board of County Commissioners as chapter 15.08A of this code, and as may be amended from time to time, shall apply in that geographic area instead. (Ord. 98-052 § 1, 1998) PAGE 1 OF 1 - EXHIBIT "A" TO ORDINANCE 98-052 (8/26/98) 69 0432 143 CITY OF BEND SIGN CODE ORDINANCE NO.. NS -1495 $5.00 5 . � -yC i -7y}s �r �r �. J L 34S�xt'_�`y � .�"���` Sr �• Y BEND CODE CHAPTER 9 BUILDING 169 - 0433 Compilation Ordinance Subject Number Number 9-1 Repealed by Ord. No. NS -1495 9-2 Repealed by Ord. No. NS -1495 9-3 Repealed by Ord. No. NS -1495 9-4 Repealed by Ord. No. NS -1495 9-5 Repealed by Ord. No. NS -1495 9-6 Repealed by Ord. No. NS -1495 9-7 Repealed by Ord. No. NS -1495 9-8 Repealed by Ord. No. NS -1495 9-9 Repealed by Ord. No. NS -1495 9-10 Repealed by Ord. No. NS -1495 9-11 Repealed by Ord. No. NS -1495 9-12 Repealed by Ord. No. NS -1495 9-13 Repealed by Ord. No. NS -1495 9-14 Repealed by Ord. No. NS -1495 9-15 Repealed by Ord. No. NS -1495 9-16 Repealed by Ord. No. NS -1495 9 17 NS=1374 amended by -N5=1383, -0-S` Code 1 x 1 NS , 388,r�NS NS-i458,'NS 1672 9 NS -1495 Building Code 9-18 NS -1627 Woodstove Removal 169 0434 9-17.1.010 BEND CODE 9-17.1.050 CITY OF BEND SIGN CODE ARTICLE I TITLE AND PURPOSE 1.010 Short Title. This ordinance shall be known as the City of Bend Sign Code and may be so cited and plead. 1.020 Purpose. The purpose of this ordinance is to provide reasonable and necessary regulations for the erection and maintenance of signs in order to: 1. Protect the health, safety, property and welfare of the public. 2. Promote a neat, clean, orderly and attractive appearance within the City. 3. Improve the effectiveness of signs in identifying and advertising businesses and facilities. 4. Eliminate signs that demand, rather than invite, public attention. 5. Provide for reasonable, orderly and effective display of outdoor advertising compatibl'- with their surroundings. 6. Preserve, protect and enhance the economic, scenic, historic and aesthetic values and objectives of the City and its citizens. 7 Provide effective signing to meet the anticipated differing needs of various areas`` e E' T �t�',rr7 � { � -�,. � .� . t ✓ ,i �.. y r # yn�'3�e� # 'fit+ � �. 1 � �yt'�pi'` �r DEFINITIONS 1.040 Terminology. The word "City" shall mean the City of Bend, Oregon. The words "City Council" shall mean the City Council of Bend, Oregon. The words "Manager", "Planning Director" and "Building Official" shall mean the Manager, Planning Director and Building Official respectively of the City of Bend. The words "Planning Commission" shall mean the Bend Urban Area Planning Commission. 1.050 General Definitions. For the purposes of this article, words used in the present tense include the future, the singular includes the plural, the word "shall" is mandatory and the word "building" includes structures other than sign structures. 169 0435 9-17.1.060 BEND CODE 9-17.1.060 1.060 Specific Definitions. The following words and phrases used in this article have the meanings given to them in this section. 1. Animation. 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 sign, or incorporating flashing or intermittent light for sign illumination. 2. Arterial. A restricted access street of substantial continuity which is primarily a traffic artery and so designated by the City of Bend. 3. Awning. A structure made of cloth, metal or similar material with metal frames attached to a building, projecting over a thoroughfare or entrance. 4. Banner. A flag, bunting or other flexible sign characteristically hung on a building, or otherwise suspended down or along its face or across any public streets of the City. The banner may or may not include copy or other graphic symbols. 5. Bench Sian. Any sign painted on or otherwise attached to a bench or other seat placed in a public right-of-way or meant to be seen by the public. 6. Billboards. A sign structure subject to the provisions of this ordinance erected for the purpose of leasing advertising space to promote an interest other. than that of an individual, business, product or service available on the premise the billboard is located on. 7. Business. , All of the activities carried on by the same legal enttty on the same :premises and shall include but not be'limited to, sevice, .commercial and uidustna`l'-. uses and fraternal .benevolent education ` ` ` government and _.social organizations. 8. Business Complex. One property ownership with the property owner and one or more business tenants as occupants of the property. In a business complex, business tenants include retail shops, executive or administrative services including medical clinics and accessory pharmacies, professional offices, and personal service establishments which perform personal services on the premises and similar uses. 9. Canny. A permanent roofed structure which may be free-standing or partially attached to a building for a purpose of providing shelter to patrons in automobiles, and patrons on foot, but shall not mean a completely enclosed structure. 169 -0436 9-17.1.060 BEND CODE 9-17.1.060 10. Clear Vision Area. In a residential district the minimum distance shall be 30 feet or, at intersections including an alley, 10 feet. In all other districts where yards are required, the minimum distance shall be 15 feet or, at intersections including an alley, 10 feet. Provided, however, when the angle of intersection between streets other than an alley is less than 30 degrees, the distance shall be 25 feet. 11. Cutout. A display in the form of letter, figures, characters, or other representations in cutout or irregular form attached to or superimposed upon an advertising sign. 12. Display Surface. The area made available by the sign structure for the purpose of displaying a message thereon. 13. Eave. Lowest horizontal line of any roof. 14. Erect. To construct, paint, place, affix or otherwise bring into being. 15. Facade. Any face of a building. a. Dominant. The principal facade of the building where its principal entrance is located and which may or may not face the street upon which its legal address is located. b. Subordinate. The sides or rear of a building; facades other than the dominant facade. 16. Section 1.060(16) repealed by Ordinance No NS 1425, passed December x18, 1985.] rsv F F h. § 17. Frontage Street.' A lot line fronting a public street.'. Unless the premises hasnly one such frontage, the width along such lot line must be at least 50 feet to"qualify as a "frontage". 18. Incombustible Material. A material that will not ignite at or below a temperature of 1200 degrees F. 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. 19. Kiosk. A small, free standing structure which may have one or more surfaces used to display advertising or to identify or index a business or businesses. 20. Maintain. To allow to exist or continue. 169 " 0431 9-17.1.060 BEND CODE 9-17.1.060 20A. Model. Any three dimensional object displayed for advertising purposes including, but not limited to, models of people, beer bottles, animals, buildings, motor vehicles, ships, and aircraft; sculpture; vehicles; and hot air balloons. 21. Marquee. A permanent roofed structure attached to or supported by a building, but does not mean a "canopy" as defined herein. 22. Non-structural Trim. A molding, batten, cap, nailing strip or stringer, lattice, cutout, letter or walkway attached to a sign structure. 23. Parapet. A low wall or railing used to protect the edge of a roof, also called a parapet wall. 24. Peer og_la. A structure usually consisting of parallel colonnades supporting an open roof of girder and cross rafters, also known as an arbor, trellis or ramada. 25. Person. An individual, corporation, partnership, association, joint venture, or other legal entity. 26. Roof Line. 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. 27. ShooingCenter. A premises planned and developed as a unit with an undivided, non -segregated parking area and is advertised as a center or mall and has multiple occupancy by business. 28 A sign is any object or device or part thereof situated outdoors or indoors' whichC 3f t ....,. _ �:' Pjected;in such a manner to attract theattention ofhepub c�putside,xt; is used to'advertise or identify . an object, person,' .institution, : organization, t 3.: y business, product, service, event or location by means including pictures, colors, motion illumination or projected images. Signs do not include the following: a. Flags of nations, or an organization of nations, states and cities, fraternal, religious and civic organizations. b. Merchandise, pictures or models or products or services in window display. C. Time and temperature devices not related to a product. d. National, state, religious, fraternal, professional and civic symbols or crests. e. Works of art which in no way identify a product except as provided for in 9-17.1.060 169 0438 BEND CODE 9-17.1.060 Section 3.010 (13). Particular Signs. (1) Building Directory Sign. A sign giving the name, address number or location of the occupants of a building or buildings. (2) Directional Sign. 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. (3) Ground Mounted Sign. A sign supported by one or more uprights or braces and not attached or incidentally attached to any building or structure. (4) Internally Illuminated Sign. A sign which is wholly or partially illuminated by an internal light source from which source light passes through the display surface to the exterior of the sign. (5) Mobile Sign. Any sign which is mounted or designed for mounting on wheels, or which is mounted or designed for mounting on self-propelled or towed vehicle, and the primary purpose of which is advertising. (6) Motor Vehicle Directional Sign. A sign identifying motor vehicle entrances or exits to or from the premises on which the sign is located. () Non -conforming Sign. A sign erected, prior to the adoption of, this ordinance which does not conform to the provisions contained herein (8) Outdoor Advertising Sign... `A .sign which adverttses goods, products^or services which are not sold, manufactured or distributed on or from the premises or facilities on which the sign is located. (9) Parapet or Pergola Sign. Any sign or other commercial graphic attached to a parapet, ramada, pergola or other similar structure. (10) Portable Sign. Any sign or other graphic which is designed to be or is capable of being transported from one place to another. (11) Projecting Sign. A sign which extends perpendicular or nearly perpendicular from the building face to which it is attached. (12) Roof Sign. A sign located on or above the roof of any building, not including a false mansard roof or other fascia. 9-17.1.060 BEND CODE 169 0439 9-17.1.060 (13) Temporary Sign. 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. (14) Wall Sign. 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. [Section 1.060 (29) repealed by Ordinance No. NS -1672 passed February 19, 19971. 30. Uniform Building Code. The State of Oregon Structural Specialty Code and Fire and Life Safety Code of 1979 Edition (Uniform Building Code) published by the International Conference of Building Officials, as adopted by the City of Bend and which is referred to as "UBC" in this ordinance. 31. Zones or Zoning District. A zoning district established pursuant to the City of Bend Ordinance. [Section 1.060 (16) repealed by ORD. No. NS -1425, passed December 18, 1985.] [Section 1.060 (20A) added by ORD. No. NS -1425, passed December 18, 1985.1 [Section 1.060 (28) amended by ORD. No. 1425, passed December 18, 1985.1 [Section 1.060 (29) repealed by ORD. No. NS -1572, passed February 19, 19971. .: y. .•. �_ .:. .., .'-, 1.. i�k4 �.A�{.ria {�'f F�,n i 169 - 0440 9-17.2.010 BEND CODE 9-17.2.010 ARTICLE II GENERAL PROVISIONS AND PROCEDURES 2.010 General Provisions 1. It is unlawful for any person to erect, repair, alter or relocate or maintain within this City, any sign or other graphic except as provided in this ordinance. 2. No sign shall be attached to or placed against a building or other structure in such a manner as to prevent or inhibit ingress or egress through any door or window required or designated for access to any building, nor shall any sign obstruct or be attached to a fire escape. 3. No sign or other street graphic other than a City or other public agency sign shall be allowed to be erected, installed, replaced or maintained in, over or on any public right-of-way, including parkways, except as provided in Section 3.020 (5) and (5A), 4.060 and 4.070 of this ordinance. 4. Any sign or other street graphic which is supported by more than one means and therefore cannot be clearly defined as a ground, marquees, wall, roof, projecting, or other sign shall be administratively assigned to the sign category most logically applicable and the appropriate standards applied. 5. Service signs such as those identifying VISA or Mastercharge shall not be attached to an approved sign. If such services are to be advertised, the. signs shall be . integrated into the overall sign design and are subject t6 all requirements of-this..r ; ordinance t �3 ' l r3�f� r�� ° h fptf, *� 6. Signing shall'be 'in ,,proportion with'and;visually�related to the ; clu :teetotal ' A:: character of the building, `restrained in the size and be _ in -conformance with _ generally accepted principles of good design and architecture. 7. Signing adjacent to, or in a residential area shall be harmonious with and reflect the residential character of the area. 8. Signing for a business within a commercial or industrial center, shall be in harmony with the signing of the entire complex. The signing for any new or remodeled commercial or industrial center shall be approved concurrent with the site plan of the project in the form of a signing program. 9. The use of logos, trademarks, and/or three dimensional symbols is encouraged. Innovation and artistry are encouraged where visually and economically effective. 169 "' 0441 9-17.2.010 BEND CODE 9-17.2.030 10. This ordinance outlines maximum requirements; however, signs must be appropriate to the nature of the activity to which they pertain and compatible with their surroundings. [Section 2.010 (3) amended by ORD. No. NS -1458, passed June 3, 1987]. 2.020 Sign Permit Except as provided in Section 2.050 of this ordinance, no sign shall be erected, structurally altered or relocated until a sign permit has been issued. 2. No sign permit will be issued if existing signs for a building or business do not comply with the provisions of this sign ordinance..A permit may be issued once the existing signs are brought into compliance with the sign ordinance. 2.030 Procedure 1. Applications for a sign permit shall be made in writing upon forms furnished by the Building Official. Such applications 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 installe d 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 Building Official or designee may require other pertinent information where in their opinion, such information is necessary to determine compliance with the provisions of this ordmanc : , _3 r '- t R"',5 2. :The: Building'.Official or -designee -shall ;issue a_:permit fQrlaKsigaby application duly made unless the " i pp y sign is in violation of the :provisions bf this ordinance. Sign permits mistakenly issued in violation of this- ordinance are'void. - 3. The Building Official or designee may revoke a sign permit if he finds that there was a material and misleading false statement of fact in the application for the permit. 4. 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 (6) months of the date of issuance of the permit. 5. Where an electrical permit for a sign installation is required, it shall be obtained from the Oregon State Department of Commerce, Building Code Division, prior to making the final electrical connection from the sign to the electrical power source. 169 0442 9-17.2.030 BEND CODE 9-17.2.040 6. A permittee must remake, redo or remove any sign approved by the Sign Review Committee that is not executed as described in the sign permit within 15 days of receiving notice from the Committee that the sign was not properly executed. [Section 2.030 (6) added by ORD. No. NS -1425 passed December 18, 1985]. [Section 2.030 (1) amended by ORD. No. NS -1672 passed February 19, 1997]. 2.040 Measurement. 1. The following criteria shall be used in measuring a sign to determine compliance with this ordinance: a. Area or Area of Sign. Area or area of a sign is the area within any perimeter which encloses the limits of any writing, representation, emblem, figure or character. The area of a sign having an irregular shape shall be computed by enclosing the surface area within a known plane geometric shape or shapes. The area of all signs in existence at the time of the enactment of this ordinance, whether conforming or non -conforming, shall be included when calculating sign area available for all new signs to be allowed for an individual business or a premises. Where a sign is of a three dimensional or round or irregular s-3lid shape, the largest cross section shall be used as though it were a flat surface to determine sign area. b. Clearance. Clearance of a sign is measured from the average grade at the base of the sign to the lowest point of the sign :Leight Iieightjs�:measured from the gr*bf—the curb Zine closest , .. base of the sign to the highest point of the sign: In the absence of a curb � line, the edge of the'street pavement shall be used. 2. Area of Dominant Facade. "False fronts" and mansard roofs may be included when calculating the area of the dominant facade. [Section 2.040(la) and (2) amended by ORD. No. NS -1425 passed December 18, 1985.] 169 -0443 9-17.2.050 BEND CODE 9-17.2.050 2.050 Permit Exceptions. The following signs or procedures shall not require a sign permit and shall be allowed in all zones. Provided, however, these signs shall be subject to the provisions of Section 3.030 excepting Subsection (10): 1. Exempt signs listed in Section 3.010. 2. Temporary signs listed in Section 3.020, provided, however, before signs under Subsections. (5), (5A), (7) or (8) of Section 3.020 may be erected, a permit shall be obtained. 3. 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. 4. The painting, repainting, cleaning and normal maintenance and repair of an existing sign unless a substantial structural change is made. [Section 2.050(2) amended by ORD. No. NS -1425, passed December 18, 1985.1 , 169 - 0444 9-17.3.010 BEND CODE 9-17.3.010 ARTICLE III EXEMPT, TEMPORARY AND PROHIBITED SIGNS 3.010 Exempt Signs. Safety signs, trespassing signs, memorial plaques and historical markers. 2. Except as provided for in Section 3.020, signs of a noncommercial nature. Provided, however, the permitted area for said signs shall be subject to the area and location requirements of the pertinent zone in which they are located. Signs determined to have historical value as determined in accordance with Section 7.030 of this ordinance. 4. Individual dwelling units. One name plat for each dwelling unit. 5. Kiosk on public property. 6. Non -illuminated directional and motor vehicle directional signs painted on paving or otherwise limited to a maximum dimensions of four feet and a sign area of eight feet. 7. Small signs not exceeding 1-1/2 square feet in area, attached flat against a building, non -illuminated and announcing only the name and occupation of the building tenant. 8. :Intenor non -illuminated signs' designed :primarily:'to be viewed }fron'nside�fa�� sR .. _ ✓.'fad l " .Y building.Y Interior non -illuminated. signs which are designed to be ;viewed `from outside of a building are exempt from the provisions of this ordinance if they do not advertise a business and are displayed for no longer than thirty days a year. All such signs must be located inside a building. 9. Signs on coin operated vending machines, gasoline pumps, and telephone booths and not exceeding the dimensions of said machines, etc. 10. In commercial, professional or industrial areas, signs not exceeding one square foot bearing only the street address. 11. Traffic or other municipal signs, legal notices, railroad crossing signs and danger signs. The City may also post off -premise directional signs for restaurants, hotels (motels), automobile service stations and business/industrial centers in accordance with a signing plan approved by the City Council. 169 -0445 9-17.3.010 BEND CODE 9-17.3.020 12. Churches, schools and other public facilities in any zone may have an on site sign for each building or activity facility not exceeding 32 square feet. 13. Graphics that do not advertise any business, commercial product or service. A graphic is defined herein as a painting, drawing, engraving or any other form which expresses an idea by means of lines, marks or characters imposed on a surface. 14. Interior fence signs at public ball fields provided said signs are no higher than 12 feet above the ground level. 15. Seasonal business signs for Fourth of July fireworks stands and Christmas tree lots, provided that such signs are securely attached to sales stands or to the ground, are not located in the vision clearance area as defined by the City Zoning Ordinance and are displayed for no longer than thirty days per year. [Section 3.010 (8) amended by ORD. No. NS -1425 passed December 18, 1985.] [Section 3.010 (15) added by ORD. No. NS -1425 passed December 18, 1985.1 [Section 3.010 (5) and (13) amended by ORD. No. NS -1672 passed February 19, 1997]. 3.020 Temporary Signs. 1. Construction signs which identify the architects, engineers, contractors and other individuals or firms involved with the construction or renovation of a building or . landscaping. Said signs shall be located on the site of construction, shall not exceed thirty-two square feet in area and shall be removed within fourteen days ofsa�t` x - s v ;the beginning of the intended use :of <the project �. 2. 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 thirty-two square feet, except for such signs in a residential zone which shall not exceed a total of six square feet. Such signs shall not be located in such a manner as to cause a public safety hazard and shall be removed within fourteen days of the sale, rental or lease. 3. Open house directional signs for the purpose of directing the public to "Open House" events providing for sale, rental or lease of premises other than upon which the sign is located, providing such signs shall be erected only during the daylight hours and shall be removed the same day they are erected. Said signs shal l 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. 169 - 0446 9-17.3.020 BEND CODE 9-17.3.020 4. Signs identifying or advertising a nonprofit civic, charitable or benevolent event. Said signs shall be less than 32 square feet in size and shall be removed within seven days after the event. 5. Street banners across a public street or alley advertising a public event may be allowed for a period not more than thirty days before and three days after the event. Any person proposing a banner shall demonstrate that the banner is safe and will not deteriorate within the period it is proposed to stand. 5A. Sidewalk banners attached to poles or street lights and advertising a public event or promoting the community or portion thereof may be allowed. Any person or groups proposing sidewalk banners shall demonstrate the banner(s) are safe and will not adversely affect the surrounding area and will not deteriorate within the period they are proposed. 6. 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. Size of signs shall be controlled by the following schedule: Project Size Total #{ of Sim Maximum Area Per Sign 4 acres or less 1 32 sq. ft. over 4 acres 1 96 sq. ft. 7. Pennants and streamers only when associated with a grand opening or promotional event of a business which may be displayed for a maximum of thu tyrt�iays - one palendar` 8. One portable reader board less than 16 square feet in size and only when associated with a grand opening or promotional event of a business which may be displayed for a maximum of thirty days in any one calendar year. 9. Christmas or seasonal decorations as customarily used. 10. Temporary political campaign signs that pertain to a certain election date shall be removed within ten days after the election to which the signs pertain. 11. Special sale or close-out sale signs provided no business shall post said signs more than thirty (30) days in any one calendar year. [Section 3.020 (5) and (5A) amended by ORD No. NS -1672, passed February 19, 1997]. 169 - 0447 9-17.3.030 BEND CODE 9-17.3.030 3.030 Prohibited Signs. Except as specifically allowed in this code, the following signs are prohibited: Signs that use 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. 2. That contain or include or are illuminated by any flashing, intermittent, revolving, rotating or moving lights or moves or has any animated moving parts; however, this does not apply to traffic control signs or signs providing public service information such as time, date, temperature, weather. 3. Those the Building Official or designee determines violate ORS 483.138, which applies to signs creating confusion with or interfering with the effectiveness of traffic signs or signals. 4. That are placed on, affixed to or painted on a motor vehicle or trailer and placed on public or private property for the primary purpose of providing a sign not otherwise permitted by this ordinance. Signs on vehicles used in the normal cours e of business shall not be subject to this provision. 5. Portable signs not supported by :: sign structure in the ground, nor attached to or erected against a building or structure, and capable of being moved about the premises except as may be specifically permitted by the terms of this ordinance. 6. Bench signs. 7. rSigns `or, sign structures that create a hazard by obstructing clear anew of pedestrian `�` i and vehicular traffic. 8. Any small sign, generally of a temporary nature, and generally known as a "snipe sign" tacked, nailed, posted, pasted, glued or otherwise attached to trees, poles, stakes, fences or buildings or other structures, where the information appearing thereon is not applicable to the present use of the premises upon which the sign is located. This section shall not apply to signs allowed by a valid garage sale permit authorized by Ordinance No. NS -1375. 9. Except for billboards and exempted signs allowed under the provisions of this ordinance, all signs which advertise a commercial activity, business, product or service which are not provided, sold, manufactured or distributed on or from the premises on which sign is located. 10. Signs not otherwise in conformance with the provisions of this ordinance. 159 0448 9-17.3.030 BEND CODE 9-17.3.030 11. Roof Signs. 12. Models located any place other than inside of a building, except as specifically allowed by this Sign Code. 13. Banners, except as provided in Sections 4.030(10) and 4.097 of this Sign Code. [Section 3.030(8) amended by ORD. No. NS -1383, passed July 6, 1983.] [Section 3.030(10) amended by ORD. No. NS -1425, passed December 18, 1985.] [Section 3.030(12)(13) added by ORD. No. NS -1425 passed December 18, 1985.] 169 0449 9-17.4.010 BEND CODE 9-17.4.015 4.010 Signs in Residential Zones. No signs shall be permitted in any residential zones (RS-RM- RH UAR-10) except as provided in this section. 1. Multiple Family Complex. For multiple family complex with more than 12 units, one sign not to exceed sixteen square feet in area shall be permitted per project. Such signs shall be a wall or ground mounted type. 2. Subdivisions, P.U.D.'s and Mobile Home Parks. For subdivisions, P.U.D.'s and mobile home parks, one ground mounted sign not to exceed thirty-two square feet in area shall be permitted. 3. Professional Office, Medical and Dental Clinic. A medical or dental clinic in a residential zone may have one wall or ground mounted sign not to exceed thirty- two 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. 4. Commercial Uses. All other commercial uses allowed in a residential zone may have one wall or ground mounted sign not exceeding thirty-two square feet in area. 5. Illumination. No sign in a residential zone shall be illuminated. 6. Directional signs subject to the provisions of Section 4.090. 7. Awnings and canopies subject to the provisions of Section 4.070. 8. One non -illuminated name plate or home occupation sign having not more than one and one half (1-1/2) square feet in area per residence. Said sign shall not - i project.beyond the property line: .T [Section 4.010 (8) added by ORD. No. NS -1425 passed December _18, 1985:] 4.015 Signs Permitted In Restricted Commercial Zones. This section shall apply to all signs in the following zones: In the Neighborhood Commercial (CN) District no signs shall be permitted in this zone except as provided in this section. 1. Wall Sign. A business may have a sign area not to exceed thirty-two square feet. 2. Directional signs subject to the provisions of Section 4.090. 3. Awnings and canopies subject to the provisions of Section 4.070. 169 ~ 0450 9-17.4.020 BEND CODE 9-17.4.020 4.020 Signs Permitted in General Commercial Zones. Except as provided for in Section 4.035, this section shall apply to all signs in the following zones: In the Highway Commercial (CH) zone, Limited Commercial (CL) zone, Convenience Commercial (CC) zone and General Commercial zone, no signs shall be permitted in these zones except as provided in this section. 1. Wall Signs. Said signs shall be in conformance with Section 4.045. 2. Ground Mounted Sign. One ground mounted sign shall be allowed. Said sign may be sixteen feet in height plus one foot for each twenty feet of street frontage up to a maximum height of thirty feet. Said sign may have one square foot of sign area for each lineal foot of frontage up to 100 square feet with one-half square foot for each additional lineal foot of frontage with a maximum limit of 200 square feet. For a ground mounted sign only the frontage upon which the sign is located shall be used in determining area and height limits. In cases where it is unclear which frontage a sign is located on, the street frontage which will be used for sign area calculations shall be that street frontage that borders the street from which the sign and its advertising is most visible to passing motorists and pedestrians. 3. Each individual business in a business complex or an integrated shopping center may have one wall sign. The size of said sign shall be in conformance with Section 4.057. 4. Directional signs subject to the provisions of Section 4.090. 5. Awnings, canopy and marquee signs subject to the provisions of .Sections 4.070 and 4.080 respectively." #" r ';C 6. Building directory signs limited to .three square feet per occapant. 7. Motor vehicle service or drive -up window signs limited to one ground mounted sign not to exceed twelve square feet. 8. Billboards subject to Section 4.095. 9. Gasoline stations may also have one ground mounted sign displaying prices of fuel having an area no greater than twenty square feet. 10. Alley sign in conformance with Section 4.055. 11. Projecting signs in conformance with Section 4.060. [Section 4.020 (2)(9) amended by ORD. No. NS -1425 passed December 18, 1985.1 169 - 0451 9-17.4.030 BEND CODE 9-17.4.030 4.030 Signs Permitted In Central Business District (CB) Zone. This section shall apply to all signs in the (CB) Zone. All signs in the (CB) Zone shall be first approved in accordance with the standards set forth herein and guidelines set forth in Appendix B which is attached hereto and incorporated by reference. 1. Wall Signs. Wall signs shall be allowed in conformance with Section 4.045. 2. Directional signs subject to the provisions of Section 4.090. 3. Awnings, canopy and marquee signs subject to the provisions of Section 4.070 and 4.080 respectively. 4. A building directory sign limited to three square feet per occupant. 5. Billboards subject to Section 4.095. 6. Gasoline stations may also have one ground mounted sign displaying prices of fuel having an area no greater than twenty square feet. 7. Alley sign in conformance with Section 4.055. 8. Ground sign. One ground sign per business which is not in an integrated shopping center or business complex. Such signs may be sixteen feet in height plus one foot for each twenty feet of street frontage up to a maximum height of twenty-five feet. Such signs -nay have one square foot of sign area for each lineal foot of street frontage, up to a maximum of 100 square feet. Only the frontage upon which the sign is located shall be used in determining area and height limits. In cases where it is unclear which frontage a sign is located on, the street frontage which will be used for sign area calculations shall be that street frontage that borders the street from which the sign and its advertising is most visible to passing motorists and pedestrians. 9. Projecting signs in conformance with Section 4.060. 10. Banners subject to Section 4.097. 11. Each individual business in a business complex or an integrated shopping center may have one wall sign. The size of said sign shall be in conformance with Section 4.057. In the CB Zone, all signs on Brooks Street, between Oregon and Franklin that project over the public right-of-way shall have a minimum clearance from grade of 15 feet. [Section 4.030 (6)(8) amended by ORD. No. NS -1425 passed December 18, 1985.] [Section 4.030 (11) added by ORD. No. NS -1425 passed December 18, 1985.] [Section 4.030 amended by ORD. No. NS -1672 passed February 19, 1997]. 169 -0452 9-17.4.040 BEND CODE 9-17.4.040 4.040 Signs Permitted In Industrial Zones. This section shall apply to all signs in the following zones: Light Industrial I -L Zone and General Industrial I -G Zone. No signs shall be permitted in these zones except as provided in this section. 1. Wall Sign. For each permitted or conditional use in an industrial zone, the maximum permitted sign area on a building shall not exceed ten percent of the area of the front building facade. Said signing shall only be located on that facade which faces the street where access is obtained. Provided, however, in no case shall the maximum permitted area exceed 200 square feet. 2. Ground Mounted Signs. A Business may have one ground mounted sign. Said sign may have one square foot of sign for each lineal foot of street frontage up to a maximum of seventy-five square feet in area. The maximum height of a ground mounted sign shall not exceed twenty feet. Only the frontage upon which the sign is located shall be used in determining area and height limits. In cases where it is unclear. which frontage a sign is located on, the street frontage which will be used for sign area calculations shall be that street frontage that borders the street from which the sign and its advertising is most visible to passing motorists and pedestrians. 3. Directional signs subject to the provisions of Section 4.090. 4. Building directory sign limited to three square feet per occupant. 5. Billboards subject to the provisions of Section 4.095. r - 6. Projecting`Signs subject to the;provtsions of:Section 4:060 7. Subdivision of PUD signs." =All subdivisions and PUDs allowed in an industrial zone may have one ground mounted sign not to exceed sixty-four square feet in area. [Section 4.040 (2) amended by ORD. No. NS -1425 passed December 18, 1985.1 [Section 4.040 (7) added by ORD. No. NS -1425 passed December 18, 1985.1 169 - 0453 9-17.4.045 BEND CODE 9-17.4.045 SIGN REGULATION BY CLASS OF SIGNS 4.045 WALL SIGNS. Unless otherwise specified in this ordinance, the following criteria shall be applicable for attached wall signs: 1. The signable area of a wall sign shall be the space between the lower and upper limits on the dominant facade of the building as defined below: a. The lower limit shall be the lintel or window head of the first story, but in no case shall it be lower than nine (9) feet from the finished grade immediately below. b. The upper limit shall be the window sill of the floor immediately above the lower limit and, in the absence of a window, two and one-half (2-1/2) feet above such floor. C. For signs erected after the effective date of Ordinance NS -1374, in the case of a one-story building, the upper limit shall be the roof line or the top of the parapet if there is one. 2. Sign area: a. The specific copy for wall signs shall not exceed fifteen percent (15 %) of the signable area. However, this percentage may be increased to thirty percent (30%) if there is no projecting sign, and up to forty-five percent .. (45%) if there are no projecting signs, free standing signs and canopy signs. In no case shall the copy area exceed two (2) square feet per',lineal foot of the width of the dominant facade.�fi �a b. Only the dominant facade shall be used for sign area calculations:.,,The sign: =1 area may be divided between the dominant facade and subordinate facades;' but the total sign area for the entire building may not exceed the total sign area allowed for the dominant facade. 169 - 0454 9-17.4.045 BEND CODE 9-17.4.045 C. Copy area includes the entire area within a single continuous perimeter composed of squares or rectangles, which enclose the extreme limits of the advertising message on a wall sign. yca ls � PIZZk TOTAL AREA = (A) (B) + (C) (D) d. Neutral surfaces intended only to integrate and harmonize a wall sign with the architecture of the building to which it is attached shall not be included in the calculation of sign area, as illustrated below. ST EVIS e. For wall graphics that include an advertising message, the area of the advertising, copy, logo, symbol or lettering shall be computed as sign area.^ Graphic design, wall murals and colored' bands containing no advertising R= shall not be counted as: sign area,,as, illustrated below; =but shall -be `subjectFr to the limitation contained in Section 3.010(13) of this sign code f. Identification wall signs with non -illuminated letters not higher than three inches, up to a total of four (4) square feet in area for each premises, shall be exempted from area calculations. 169 M 0455 9-17.4.045 BEND CODE 9-17.4.055 3. Projection: a. A wall sign shall not project beyond 24 inches from the building face and shall not extend above the sill of any window or above guard rails or balustrades immediately above such sign. b. Lamps and fixtures used to illuminate a wall sign shall not project more than 3 feet beyond building faces and shall have a minimum clearance of 9 feet from the finished grade immediately below. 4. Location: A wall sign may be permitted below the signable area when the Building Official can be assured that the public is satisfactorily protected from the sign and the sign is entirely over private property, and provided the permissible signable area is not exceeded. [Section 4.045 amended by ORD. No. NS -1425 passed December 18, 1985.1 4.050 Ground Mounted Signs. Unless otherwise specified in this ordinance, the following criteria shall be applicable for all ground mounted signs: 1. No sign or structure shall be located in a vision clearance area defined by the City Zoning Ordinance unless the bottom of the sign is higher than 8 feet above the grade at the curbs and the supporting pole is less than 12 inches in diameter. 2. Signs may have a display surface of combustible materials as established by City of Bend Ordinances and subject to the provisions of this code and the Uniform Building Code. 3. Signs shall be located at least 5 feet from.a building,:except when instailed parallel ,: to the building the distance shall be 10 feet from a building. 4. No signs shall be composed of vertical mounted modular cells or letters. 5. No sign shall project into a public right-of-way. [Section 4.050 amended by ORD. No. NS -1425 passed December 18, 1985.] 4.055 Alley Signs. A business located on an alley may have a wall sign of six square feet in area used to identify a business. This is the only type of sign allowed on a building face fronting an alley. Said sign shall be located above or next to an entrance and if it projects it shall have a minimum clearance of 15 feet. 169 - 0456 9-17.4.057 BEND CODE 9-17.4.060 4.057 Signs For A Business Complex or Shopping Center. 1. One principal ground sign for an integrated shopping center or business complex. Such sign may be 16 feet in height plus one foot for each 20 feet of frontage with a maximum height of 30 feet. Such signs may have one square foot of sign area for each lineal foot of frontage, up to 100 square feet, with one-half a square foot for each additional lineal foot of frontage, with a maximum limit of 200 square feet. 2. Signs for interior businesses of shopping centers or a business complex shall be consistent with the provisions of Section 4.045. 3. As an alternative to the above specifications and restrictions set forth for a business complex or shopping center developments or buildings, a complex or shopping center may utilize a comprehensive sign plan.The business must submit a proposed comprehensive signing plan which must include the following: a. A scale drawing of each elevation showing existing -and proposed signage for an entire complex. b. A list of the maximum number of tenant businesses projected to occupy the complex or shopping in the next three years if the business complex is not fully occupied at the time of approval of this plan. C. Paint color chips and material samples must be submitted with the proposal. d. The approved comprehensive sign plan for a business complex will be kept , r on file in the City of Bend Building Department. -All signs displayed business complex must. then meet the -requirements'specified � thes comprehensive sign plan. e. Once a comprehensive sign plan has been approved, any changes in signing for the complex must be approved by the Building Official in the same manner as approval is obtained for an initial comprehensive sign plan. [Section 4.057 amended by ORD. No. NS -1425 passed December 18, 1985.] [Section 4.057 (3) amended by ORD. No. NS -1672 passed February 19, 1997]. 4.060 Projecting Signs. The following criteria shall be applicable for a projecting sign. Projecting signs shall be allowed according to the following provisions: Projection in Residential Zones. No sign shall project over public property in a residential zone. 169 0457 9-17.4.060 BEND CODE 9-17.4.080 2. Projection in Commercial and Industrial Zones: a. In all commercial or industrial zones except the CB, where a building is built to the street property line, or within five feet of the street property line for its entire frontage, a sign may project from the building over a public sidewalk or street right-of-way a maximum of four feet provided that there is a minimum clearance of eight feet between the bottom of the sign and the finished grade below the sign. When no curb exists a minimum height of fourteen feet between the bottom of the sign and the finished grade below the sign. In a CB zone a sign may project not more than two feet over public property provided there is a minimum clearance of eight feet between the bottom of the sign and finished grade below the sign. b. For signs erected after the effective date of this ordinance, no projecting sign shall extend above a parapet wall or the roof line of the supporting building. 4.070 Awnings and Canopy Signs. The following shall be applicable for signs on awnings and canopies: 1. No advertising shall be placed on an awning or canopy, except the name or logo of the owner, business or industry conducted within the premises, address of the building or the building name. 2. The area of a sign on an awning or canopy shall be deducted from the wall sign area permitted within the respective zone in which the building is located. 3. Posts or columns beyond the property: line will not .be. permitted 4. Lettering or logos shall be painted or otherwise permanently affixed in a space which shall not exceed the area allowed for a wall sign on the supporting building. 5. The lowest point of the awning must be at least seven feet above the sidewalk. 6. Awnings and canopies shall not interfere with street trees or traffic signs. [Section 4.070 amended by ORD. No. NS -1425 passed December 18, 1985.] 4.080 Marquee Signs. A sign may be attached on the underside of a marquee or structural projection. Such sign shall not exceed 12" in height or 6 feet in length and must have at least 7 feet of clearance between the bottom of the sign and the sidewalk. The location of such signs shall be limited to a business entrance way only. 169 0458 9-17.4.090 BEND CODE 9-17.4.095 4.090 Directional Signs. On premise directional signs designated 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 are limited to four square feet in area and four feet in height. If the sign is on the wall of the building, it shall be limited to four square feet in area and eight feet in height. 4.095 Billboards. The following criteria shall be applicable for all the billboards allowed in the City of Bend: 1. As used in this section, "double-faced sign" means a sign with multiple display surfaces with two or more separate and different messages visible to traffic from one direction of travel. 2. The face size of any billboard located within the City of Bend shall not exceed 12 feet in vertical height or 24 feet in horizontal length. 3. Notwithstanding the provisions of sub -paragraph (2) of this section, no sign shall exceed the maximum height established by the Zoning Ordinance of the City of Bend for structures. 4. All billboards erected or moved after the effective date of this ordinance shall be installed behind the legal set -back line of each parcel of property as determined by the Zoning Ordinance of the City of Bend. 5. All structural supports for billboards shall be constructed of steel. 6. All billboards shall be spaced a minimum of 500 feet apart along any street within the City of, Bend. 7. Only flat, single -faced ordouble-faced signs shall be permitted.3:- 8. Before erecting any billboard, a permit must be secured from the Building Official. Where applicable, evidence must be provided showing the obtaining of a State permit in compliance with the Oregon Motorists Information Act of 1971. 9. The maximum number of billboards allowed in the City of Bend is 23. These billboards are identified in Appendix C which is attached hereto and incorporated by reference. No new billboard may be erected after the effective date of this ordinance unless it replaces an existing billboard. Provided, however, billboards outside the City, inside the Bend Urban Area, and existing on the effective date of this ordinance may be added to the maximum number if the area in which they are located is annexed to the City of Bend. The staff shall inventory those billboards existing outside the City but within the Urban Area. An owner whose billboard is not included in this inventory may request the committee add that billboard to the number allowed if it is shown the billboard was existing on the effective date of 169 0459 9-17.4.090 BEND CODE 9-17.4.095 this ordinance. [Section 4.095 (9) amended by ORD. No. NS -1672 passed February 19, 1997]. 0 10. After the effective date of this ordinance, no additional billboards may be erected or replaced on the following streets: Newport Avenue Colorado Drive Simpson Avenue Century Drive Mt. Washington Drive Division Street 14th Street Galveston Avenue 4.097 Banners. In the CB zone, a street or sidewalk banner that do not advertise a product may be displayed. Said banners shall consist of cloth or similar material and may not interfere with th e signage of adjacent businesses. The size of any banner allowed shall be in harmony with the building and the surrounding area. [Section 4.097 amended by ORD. No. NS -1425 passed December 18, 1985.] [Section 4.097 amended by ORD. No. NS -1672 passed February 19, 1997]. 9-17.5.010 169 - 0460 BEND CODE ARTICLE V MAINTENANCE, CONSTRUCTION AND SAFETY STANDARDS 9-17.5.050 5.010 Maintenance. All signs together with all of their supports, braces, guys and anchors shall be 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 deterioration. The display surfaces, trims, frames and supports of all signs shall be kept nearly painted or otherwise nearly maintained, as applicable. 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 throw any bills, waste matter, paper, cloth or materials of whatsoever kind removed from a sign on any public street, sidewalk or private property. 5.020 Wind Loads. Signs shall be designed and constructed to withstand wind loads as set forth in Chapter 23 of the Uniform Building Code. 5.030 Design. 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 overstress any of the elements thereof. 2. 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 laced and thoroughly compacted. 5.040 Seismic Loads. Signs shall be designed and constructed to resist seismic forces as specified in Chapter 23 of the Uniform Building Code. 5.050 Combined Loads. 1. Wind and seismic loads need not be combined in the design or signs and only that load producing the larger stresses need be used. 2. Vertical design loads, except roof live loads, shall be assumed to be acting simultaneously with the wind of seismic loads. 169 0461 9-17.5.060 BEND CODE 9-17.5.080 5.060 Allowable Stresses. 1. The design of wood, concrete, steel or aluminum members shall conform to the requirements of Chapters 25, 26, 27 and 28 of the Building Code. Loads, both vertical and horizontal, exerted on the soil shall not produce stresses exceeding those specified in Chapter 29 of the Building Code. 2. The working stresses of wire rope and its fastenings shall not exceed 25 percent of the ultimate strength of the rope or fasteners. 5.070 Anchorage and Supports. 1. 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. 2. 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. 3. 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 anunbraced parapet wall. 4. 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. 5.080 Clearance From High Voltage Power Lines. Signs shall be located not less than eight feet horizontally and eight feet vertically from overhead electrical conductors which are energized in excess of standard service loads as determined by the utility company providing the service. 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 in iron pipe or other material covering of equal strength. 169 - 0462 9-17.5.090 BEND CODE 9-17.5.105 5.090 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 wal l in which there are openings within the area of the sign shall be constructed of incombustible material or approved plastics. 5.100 Electric Sign Construction. 1. 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. 2. All electrical equipment used in connection with such signs shall be installed in accordance with the Uniform Electric Code, with Oregon amendments. 3. Every electric sign shall have 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. PERMITTED MATERIALS 5.105 Permitted Materials. 1. Materials for construction of signs and sign structures shall be the quality and grade as specified for buildings in the State of Oregon Structural Specialty Code and Fire an Life Safety Regulations. 2. In all sign and sign structures, the material and detail of construction shall, in absence of specified requirements, conform to the following: a. Structural Steel shall be. of such qualityas 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 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. 9-17.5.105 169 - 0463 BEND CODE 9-17.5.110 b. 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. C. Non-structural trims, signs under marquees and portable display surfaces may be of wood, metal, approved plastics or any combination thereof. d. Display surface may be of any approved material except glass. Glass may be used in any neon tubing and incandescent lamp and tube. e. The Building Official or designee 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. f. No combustible material other than approved plastics shall be used in the construction of any electric sign. g. Wood may be used in signs subject to the requirements of the City's Building and Fire Code. h. Wood signs shall be supported by a minimum of 4 X 4 inch nominal post and be a minimum of 2 inch nominal thick plank or 1-1/8 inch thick exterior plywood. 5.110 Illumination. Limit on sign illumination. 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: 1. No exposed reflective type bulb, or incandescent lamp, which exceeds 11 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. 2. When neon tubing is employed on the exterior or interior of a sign, the capacity of such tubing shall not exceed 30 mi. rating for any colored tubing. 3. When florescent tubes are used for the internal illumination of a sign, illumination shall not exceed illumination equivalent to 800 milliamperes rating tubing behind a plexiglass face spaced at least nine inches, center to center. 4. No sign may be internally illuminated if the wall of the building on which the sign is displayed directly abuts a residential zone. 5. No colored lights shall be used at any location or in any manner so as to be 169 - 0464 9-17.5.110 BEND CODE 9-17.5.110 confused with or construed as traffic control devices. 6. 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 contro 1 sign or portions thereof providing only public service information such as time, date, temperature, weather or similar information. 169 a 0465 9-17.6.010 BEND CODE 9-17.6.015 ARTICLE VI INSPECTION AND ENFORCEMENT 6.010 Inspection. The Building Official or designee may inspect signs periodically to determine their conformance with this ordinance. 6.015 Enforcement. The Building Official or designee is hereby authorized and directed to enforce the provisions of this ordinance: 1. The Building Official or designee may order the removal of any sign erected or maintained in violation of this ordinance. Except as provided in Section 6.015(2), the Building Official or designee shall give ten days prior 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 ordinance. If the owner of the sign, building, structure or premises fails to comply or remove the sign, the Building Official or designee 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 notifications, 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 City. 2. If the Building Official or designee 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. The Building Official or designee 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 tails 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. 3. Any order for removal of signs by the Building Official or designee pursuant to the provisions of this section may be appealed to the Hearings Officer by filing a written notice of appeal with the Building Official within fifteen (15) days of the order. 9-17.6.020 169 •• 0466 BEND CODE NON -CONFIRMING AND ABANDONED SIGNS 9-17.6.040 6.020 Non -Conforming Signs. Except as provided within Section 6.030 and Section 7.030, permanent signs in existence on the effective date of Ordinance NS -1374 which are not in conformance with the provisions of this ordinance shall be regarded as non -conforming signs but which do not comply with this ordinance must be removed, altered, or replaced so as to conform within ten years from the effective date of this ordinance. Provided, however, a change in use or occupation of a site shall require full compliance with the provisions of this ordinance. For areas annexed into the City, an owner of a non -conforming sign which complied with Deschutes County ordinances in effect at the time of sign installation shall have ten years from the date of annexation by the City Council to remove said sign. [Section 6.020 amended by ORD. No. NS -1425, passed December 18, 1985.] 6.030 Special Requirements For Non -Conforming Signs A non -conforming sign which is structurally altered, relocated, replaced or has its graphics altered shall immediately conform to the requirements of this ordinance except that: Such signs may be structurally altered where such alteration is necessary for public safety. 2. 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. 3. Such signs may be reconstructed if they are damaged by an act of God or an accident, provided such damage does not exceed fifty percent of the cost of reconstruction of the entire sign, and provided that such sign is reconstructed within 180 days of the date the sign is damaged. [Section 6.030 amended by ORD. No. NS -1425 passed December 18, 1985.] 6.040 Abandoned Signs. A sign shall be removed within thirty days by the owner or lessee of the premises upon which the sign is located when the advertised business is no longer conducted on the premises. Provided, however, a billboard allowed under this ordinance where a person has merely leased a contracted advertising space need not be removed in accordance with this section. Abandoned signs may be removed and costs may be collected as provided in Article VI. 169 - 0467 9-17.7.010 BEND CODE 9-17.7.020 7.010 Variance Application. An application for a sign permit or an applicant owning or leasing a sign that is not in compliance with the provisions of this ordinance may seek a variance to the provisions of this ordinance by filing an application for a variance with the City of Bend. A variance request for sign location for sign height or area may be allowed by the Building Official or designee if the amount of the variance requested is less than ten percent (10%) of the applicable provision. A decision of the Building Official or designee may be appealed to the Bend Urban Area Planning commission within 10 days of the decision. A variance may be granted upon a finding that all of the following criteria can be satisfied: 1. The request will be the minimum variance necessary to alleviate the special hardships or practical difficulties faced by the applicant in meeting the requirements of this ordinance. 2. 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 other properties or uses in the same zoning district. 3. The Building. Official or Bend Urban Area Planning Commission may attach such conditions to granting all or a portion of any variance as necessary to achieve the purpose of this ordinance. 4. A variance application fee shall be set by resolution of the Bend City Council. A variance fee shall be charged for all variance requests. [Section 7.010 amended by ORD. No. NS -1672 passed February 19, 19971. 7.020 Time Limit On A Permit For A Variance. Authorization of a variance shall be void if the work approved by such variance is not commenced within six months of the date of approval. , 't 169 - 0468 9-17.7.030 BEND CODE 9-17.7.050 HISTORICAL SIGNS 7.030 Application. The owner of a non -conforming sign in existence on the date of enactment of this ordinance may apply for a determination that the sign qualifies as an historical sign under the provisions of this ordinance. 7.040 Application Review. An application for an historical sign designation shall be reviewed by the Bend Urban Area Planning Commission. The Commission may. designate a sign as historical if it finds the following criteria have been met or can be met with conditions: 1. The sign is essentially as constructed, with sufficient original workmanship and material to serve as instruction in period of fabrication 2. Through public interest, sentiment, uniqueness or other factors, the sign has come to connote an historical period. 3. Due to removal of similar objects or the uniqueness of this sign, the sign is singularly appropriate to represent an historical theme or period. 4. The sign is associated with significant past trends in structure materials and design and in conformance with generally accepted principles of good design and architecture. 5. The sign was constructed early in the relative scale of local history and is one of a few of its age remaining in the City. [Section 7.040 amended by ORD. No. NS -1672 passed February 19, 1997]. APPEALS 7.050 Any decision of the Building Official may be appealed to the Bend Urban Area Planning Commission in accordance with the City of Bend land use procedures. A decision of the Planning Commission shall be final. [Section 7.050 amended by ORD. No. NS -1425 passed December 18, 1985.] [Section 7.050 amended by ORD. NO. NS -1672 passed February 19, 1997]. A M 169 - 0469 9-17.8.010 BEND CODE 9-17.8.050 ARTICLE VIII SPECIAL PROVISIONS 8.010 Fees. Fees for permits and applications shall be set by Resolution of the City Council. 8.020 Severability. If any part, section, subsections, sentence or phrase of this ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance. 8.030 Penalties. A violation of any provision of this ordinance shall be a Class A Infraction. Each day shall be a separate violation. Violations will be enforced through the Bend Civil Infraction Procedure. 8.040 Interpretation. Where conditions imposed by the provisions of this ordinance are less restrictive than comparable conditions imposed by any other provisions which are more restrictive, the more restrictive shall govern. 8.050 Violation Declared A Nuisance. The location, erection, construction, maintenance, repair, alteration or use of a sign in violation of this ordinance is declared a nuisance and shall be abated in either the manner provided for in this ordinance or in the same manner as all other nuisances. Passed by the Council and approved by the Mayor the 16th day of March 1983. . i : n F" 169 - 0470 9-17 BEND CODE APPENDIX A CITY OF BEND SIGN REVIEW COMMITTEE [Appendix A of NS -1374 deleted by ORD No. NS -1672 passed February 19, 1997]. 9-17