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Home My WebLink About2009-11-09 Business Meeting MinutesES Deschutes County Board of Commissioners 1300 NW Wall St., Bend, OR 97701-1960 (541) 388-6570 - Fax (541) 385-3202 - www.deschutes.ora MINUTES OF BUSINESS MEETING DESCHU'1'ES COUNTY BOARD OF COMMISSIONERS MONDAY, NOVEMBER 9, 2009 Commissioners' Hearing Room - Administration Building - 1300 NW Wall St., Bend Present were Commissioners Dennis R. Luke and Tammy Baney; Commissioner Alan Unger was out of the office. Also present were Dave Kanner, County Administrator; Nick Lelack, Kristen Maze and Cindy Smidt, Community Development; Mark Pilliod, Legal Counsel; Hillary Borrud of The Bulletin; and four other citizens. Chair Baney opened the meeting at 10:00 a.m. 1. Before the Board was Citizen Input. None was offered. 2. Before the Board was Consideration of Approval of County Administrator's Signature of Document No. 2009-553, a Services Agreement with Opportunity Foundation of Central Oregon. Dave Kanner explained that this is a pass-through of funds from the State to the provider. He said that this type of funding is one of the last to be cut by the State.. LUKE: Move approval. BANEY: Second. VOTE: LUKE: Yes. BANEY: Chair votes yes. 3. Before the Board was Consideration of Approval of County Administrator's Signature of Document No. 2009-552, a Services Agreement with Central Oregon Resources for Independent Living (CORIL). Minutes of Board of Commissioners' Business Meeting Monday, November 9, 2009 Page 1 of 9 Pages Dave Kanner explained that this program serves adult clients. LUKE: Move approval. BANEY: Second. VOTE: LUKE: Yes. BANEY: Chair votes yes. 4. Before the Board was Consideration of Chair Signature of Document No. 2009-578, Amendment #1 to the Criminal Justice Commission, Family Drug Court Grant. Sheryl Hogan gave a brief overview of the item. She said that all costs, including staff time, are covered by the grant. LUKE: Move approval. BANEY: Second. VOTE: LUKE: Yes. BANEY: Chair votes yes. 5. Before the Board was Consideration of Chair Signature of Document No. 2009-619, an Intergovernmental Agreement with the U.S. Department of Agriculture regarding Bird Control Services at Knott Landfill. Mr. Kanner stated that this agreement has been in place for at least five years. Commissioner Luke clarified that this is for the control of starlings, which are an invasive species and considered a nuisance. The program also allows for the education of the public regarding how to live with wildlife. Chair Baney asked if this is something that goes out to bid. Mr. Kanner said that there is no need to do so when it involves a federal agency, and highly specialized work. LUKE: Move approval. BANEY: Second. VOTE: LLTKE: Yes. BANEY: Chair votes yes. Minutes of Board of Commissioners' Business Meeting Monday, November 9, 2009 Page 2 of 9 Pages 6. Before the Board was Continuation of a Public Hearing on Ordinance No. 2009-023, a Text Amendment regarding the Sign Ordinance. Cynthia Smidt gave an overview of the item. She submitted a revised staff memo with input from Carlson Sign Company (a copy of which is attached). She said that Legal Counsel was concerned about content -based language in Code, so adjustments have been made. Commissioner Luke stated that Commissioner Unger has a lot of questions about this issue, and suggested that it be addressed at the next regular Board meeting. Ms. Smidt went over the comments from Kevin Wells of Carlson Sign Company. She stated that 99% of his comments are not directly related to this ordinance. He commented on destination resort language, but it does not apply in this case. Chair Baney asked that the meeting stay on point and the Carlson Sign Company comments are not within the scope of this particular text amendment. Chair Baney closed the public hearing. This item will be brought before the Board again at the regular meeting of November 30. 7. Before the Board was a Public Hearing and Consideration of First and Second Readings and Adoption, by Emergency, of Ordinance No. 2009- 025, Amending Code to Allow Utility Facilities in the La Pine Industrial District. Nick Lelack said that there is a twenty-one day appeal period applies whether or not the Ordinance is adopted by emergency. Chair Baney read the opening statement at this time. Regarding bias, prejudgment or personal interest, Commissioner Luke said that there have been public presentations and posted meetings on this issue in the past. Commissioner Luke stated that he thought this should be before the City of La Pine. Kristen Maze replied that this is based on County Code since the City does not yet have one of its own; they can only comment. If it is appealed, however, it will go before them. Mr. Lelack stated that quasi-judicial does require an appeal to go before the City Council since it is in their jurisdiction. Minutes of Board of Commissioners' Business Meeting Monday, November 9, 2009 Page 3 of 9 Pages Ms. Maze gave the staff report at this time. At this time there is no provision to permit this type of activity, the construction of a biomass facility, in the District. The reason is that this is not addressed, so therefore cannot be approved. Exhaust stack heights are currently regulated by the Department of Environmental Quality. Currently thirty feet is the maximum allowed, but they are asking for this to be 100 feet. The La Pine Sewer District has indicated that their capacity is adequate. All of this will be addressed at the site review and approval level. Commissioner Luke asked how 100 feet could be allowed when other structures are not able to go over thirty feet. Ms. Maze said that in an industrial There was a joint meeting of the County Planning Commission and the City Council, and they unanimously supported this without change. There was concern about an emergency clause. As a result, the biomass company representative explained the nature of their federal grant funding. Chair Baney asked why this is not something to be covered by the applicant. Mr. Lelack said that this amendment may be important to other businesses, and is allowed in other situations and zoning already. It is already allowed in other rural industrial areas, so this would only apply in the La Pine Industrial Park. Commissioner Luke asked if there is a letter from the La Pine City Council. Ms. Maze stated that there are comments on the record based on the hearing, and were unanimous in support of moving forward. Lee Smith, general manager of the La Pine Industrial Group, said that his group strongly recommends for this change. They have an interest beyond just this one company. There is a second option within the park for Silvin Power, which will also require a text amendment of this type. They have also talked with two companies regarding co -gen plants because of the natural gas pipeline that is nearby. Also, another company received a $25 million grant to investigate geothermal energy production. This text amendment would be necessary for any of these companies to consider locating in La Pine. Minutes of Board of Commissioners' Business Meeting Monday, November 9, 2009 Page 4 of 9 Pages Gloria Fleming, La Pine City Planning Commissioner, expressed concern regarding approval of the text, but there was little discussion of the stacks or anything else at their meeting. She said that if this is allowed, could there be many others. She does not want to see a lot of smoke stacks in the area. Chair Baney stated that this change would allow for the use, but each would be an individual application, with a public hearing and process for each. Discussion took place regarding the process and the responsibilities of the County and the City. Chair Baney asked that if the process needs adjustment, to let the County know so that the property changes can be made. Adele Moilanen, City of La Pine Councilor, said that the City Council did want to support the text amendment. Ms. Maze stated that this would be the maximum height allowed in that zone, although they have not asked for this. It would cover the height limitation should an application be approved. Commissioner Luke stated that this is different from the height of a house or other building. He observed that the DEQ and other probably oversee this. He suggested that they be allowed to meet, but not exceed, state or federal requirements. They'd have to make the case if they want more height. Ms. Maze said the Planning Commission of the County and City did address the height limitation at their joint meeting. It will be addressed during the application and conditional use permit process as well. Ms. Moilanen stated that she thought that public input would be part of the hearing process. Chair Baney said that if it is allowed by Code, it is hard to make a decision that does not take this into consideration. Commissioner Luke said that exceeding what is required by the DEQ might be necessary. Chair Baney wants to see some appropriate language so that it is clear to both entities. Mr. Lelack said that they should be able to come up with some language in this regard. Chair Baney state that someone could come in and ask for taller stacks. Ms. Maze said that it would be required regardless. Ms. Moilanen said they will put their comments in writing as soon as possible, and will work County staff to come up with the proper language. Minutes of Board of Commissioners' Business Meeting Monday, November 9, 2009 Page 5 of 9 Pages Tim Riley, representing the bio -energy company, said the stacks are generally about 80 to 90 feet, and the concern is the air quality. He said that they request the height based on what is required on the DEQ permit. He stated that the DEQ has posted pubic meetings and does so prior to any decisions. No further comments were offered. A discussion took place as to how to conduct the first and second readings. Mark Pilliod, Legal Counsel, joined the meeting at this time. Chair Baney wanted to be sure that changes could be allowed between first and second readings for a staff -initiated text amendment. Mr. Pilliod confirmed this is allowed, although any changes may need to be read into the record at that time. Chair Baney closed the public hearing. LUKE: Move first reading, by title only, of Ordinance No. 2009-025. BANEY: Second. VOTE: LUKE: Yes. BANEY: Chair votes yes. Chair Baney conducted the first reading at this time. The second reading will take place at the regular Board meeting of November 30, 2009. 8. Before the Board was Continuation of Discussion on the Comprehensive Plan Update and Planning Staff Report on the November 5 Planning Commission Meeting. Commissioner Luke asked Ms. Moilanen about the process used to obtain public input and whether she has heard any comments. Ms. Moilanen said that she felt staff was exceptional about listening to citizens and that the process seems to be going well. Nick Lelack said there was a public meeting with the City of La Pine last week. They will continue the public input process and work on the scorecard in mid- December. The public will have the ability to work on the matrix/scorecard to set a starting point. This is not the deciding point as to what will be in or out, but an attempt to get consensus on what is desired. Staff would explain if there was something that staff feels should be included or excluded, and discussion would take place in that regard. They will also explain anything that must be included or excluded based on State law. Minutes of Board of Commissioners' Business Meeting Monday, November 9, 2009 Page 6 of 9 Pages In January, the groundwork would be laid to begin laying the way things are to proceed. Chair Baney stated that she thought there would be details shown regarding recommendations of planning, staff and the Board. Mr. Lelack stated that he believes this is how it will proceed. There were a lot of other questions from the Planning Commission regarding what documents they would receive. It was pointed out to them that any documents that they get would be public, as they are a public body. Mr. Lelack explained that in regard to farm and forest lands, clarification will be needed as to what is required by the State and what is under local control, to determine as to when the County has full authority. A number of local ordinances have been adopted over time and those will need to be justified so they can be either included or eliminated. Any that should be eliminated must be done so by action of the Board, which is a separate process. Terri Payne said that the actions and policies in the proposed comprehensive plan amendment do not change Code; they simply say that these are to be reviewed and considered. This begins the process of what needs to be reviewed in Code. Changing the comprehensive plan does not automatically change the Code. Commissioner Luke stated that exclusive farm use in this area is not that suitable for farm uses. The County did not have any other way to address this at the time. He asked if State law has changed in this regard. Perhaps it could be zoned for open space instead. Ms. Payne said that the agricultural zone could be reviewed under the "Big Look" process, and there are a lot of variables. Commissioner Luke said that people typically take better care of land if they can live there, so a home should be allowed in most cases. They are required to farm the land but can't live on it. Some of the laws do not make sense in this regard. Ms. Payne said that State law limits what can be allowed, even if it would make sense to do so. Chair Baney said that Commissioner Unger pointed out that the Planning Commission indicated that there should have been a "first look" for them, prior to release; that they would like to have it to review first. Mr. Lelack said that it is public record as soon as it has been released, so this is not possible. Minutes of Board of Commissioners' Business Meeting Monday, November 9, 2009 Page 7 of 9 Pages He added that there are four relatively new members who may not be clear on this point. Ms. Payne suggested that perhaps Legal Counsel could provide a memo explaining the public process to them. Mr. Lelack said that he is pleased that these questions are being addressed early in the process. Before the Board was Consideration of Approval of the Consent Agenda. LUKE: Move approval. BANEY: Second. VOTE: LUKE: Yes. BANEY: Chair votes yes. Consent Agenda Items 9. Chair Signature of Document No. 2009-637, an Amendment to the Financial Intergovernmental Agreement with the Oregon Department of Human Services regarding Local Public Health Services 10. Chair Signature of Document No. 2009-629, Amendment #1 to the Juvenile Accountability Block Grant 11. Signature of Order No. 2009-071, Declaring Certain Deschutes County Personal Property Surplus, and Authorizing Sale through PublicSurplus.com 12. Economic Development Grants: • Sisters School District — Luthier Program — Commissioner Luke granted $500 • Heritage Theatre Company — Community Arts & Meals — Commissioners Baney and Unger granted $250 each 13. Signature of Minutes of Meetings: • Work Sessions: October 26; November 2 and 4 • Business Meeting: October 28; November 2 CONVENED AS THE GOVERNING BODY OF THE 911 COUNTY SERVICE DISTRICT 14. Before the Board was Consideration of Approval of Weekly Accounts Payable Vouchers for the 9-1-1 County Service District. Minutes of Board of Commissioners' Business Meeting Monday, November 9, 2009 Page 8 of 9 Pages The amounts were not available, so this will be addressed at the December 2 Board meeting. CONVENED AS THE GOVERNING BODY OF THE EXTENSION AND 4- H COUNTY SERVICE DISTRICT 15. Before the Board was Consideration of Approval of Weekly Accounts Payable Vouchers for the Extension/4-H County Service District. The amounts were not available, so this will be addressed at the December 2 Board meeting. RECONVENED AS THE DESCHUTES COUNTY BOARD OF COMMISSIONERS 16. Before the Board was Consideration of Approval of Weekly Accounts Payable Vouchers for Deschutes County. The amounts were not available, so this will be addressed at the December 2 Board meeting. 17. ADDITIONS TO THE AGENDA None were offered. Being no further items addressed, the meeting adjourned at 11:55 a.m. DATED this 9th Day of November 2009 for the Deschutes County Board of Commissioners. ATTEST: Recording Secretary Tammy Baey, Chair Dennis R. Luke, Vice Chair ata,v, r Alan Unger, Commissioner Minutes of Board of Commissioners' Business Meeting Monday, November 9, 200 ) Page 9 of 9 Pages Ci 1 Deschutes County Board of Commissioners 1300 NW Wall St., Bend, OR 97701-1960 (541) 388-6570 - Fax (541) 385-3202 - www.deschutes.org BUSINESS MEETING AGENDA DESCHLTTES COUNTY BOARD OF COMMISSIONERS 10:00 A.M., MONDAY, NOVEMBER 9, 2009 Commissioners' Hearing Room - Administration Building - 1300 NW Wall St., Bend 1. CITIZEN INPUT This is the time provided for individuals wishing to address the Board, at the Board's discretion, regarding issues that are not already on the agenda. Citizens who wish to speak should sign up prior to the beginning of the meeting on the sign-up cards provided. Please use the microphone and also state your name and address at the time the Board calls on you to speak. PLEASE NOTE: Citizen input regarding matters that are or have been the subject of a public hearing will NOT be included in the record of that hearing. 2. CONSIDERATION of Approval of County Administrator's Signature of Document No. 2009-553, a Services Agreement with Opportunity Foundation of Central Oregon — Kathy Drew, Behavioral Health 3. CONSIDERATION of Approval of County Administrator's Signature of Document No. 2009-552, a Services Agreement with Central Oregon Resources for Independent Living (CORIL) — Kathy Drew, Behavioral Health 4. CONSIDERATION of Chair Signature of Document No. 2009-578, Amendment #1 to the Criminal Justice Commission, Family Drug Court Grant — Sheryl Hogan, Behavioral Health 5. CONSIDERATION of Chair Signature of Document No. 2009-619, an Intergovernmental Agreement with the U.S. Department of Agriculture regarding Bird Control Services at Knott Landfill — Timm Schimke, Solid Waste Department 6. CONTINUATION of a Public Hearing on Ordinance No. 2009-023, a Text Amendment regarding the Sign Ordinance — Cynthia Smidt, Community Development Board of Commissioners' Business Meeting Agenda Monday, November 9, 2009 Page 1 of 5 Pages 7. A PUBLIC HEARING and Consideration of First Reading of Ordinance No. 2009-025, Amending Code to Allow Utility Facilities in the La Pine Industrial District — Kristen Maze, Community Development 8. CONTINUATION cif Discussion on the Comprehensive Plan Update and Planning Staff Report on the November 5 Planning Commission Meeting — Nick Lelack, Community Development CONSENT AGENDA 9. Chair Signature of Document No. 2009-637, an Amendment to the Financial Intergovernmental Agreement with the Oregon Department of Human Services regarding Local Public Health Services 10. Chair Signature of Document No. 2009-629, Amendment #1 to the Juvenile Accountability Block Grant 11. Signature of Order No. 2009-071, Declaring Certain Deschutes County Personal Property Surplus, and Authorizing Sale through PublicSurplus.com 12. Economic Development Grants: • Sisters School District — Luthier Program — Commissioner Luke granted $500 • Heritage Theatre Company — Community Arts & Meals — Commissioners Baney and Unger granted $250 each 13. Signature of Minutes of Meetings: • Work Sessions: October 26; November 2 and 4 • Business Meeting: October 28; November 2 CONVENE AS THE GOVERNING BODY OF THE 911 COUNTY SERVICE DISTRICT 14. CONSIDERATION of Approval of Weekly Accounts Payable Vouchers for the 9-1-1 County Service District CONVENE AS THE GOVERNING BODY OF THE EXTENSION AND 4-H COUNTY SERVICE DISTRICT 15. CONSIDERATION of Approval of Weekly Accounts Payable Vouchers for the Extension/4-H County Service District Board of Commissioners' Business Meeting Agenda Monday, November 9, 2009 Page 2 of 5 Pages RECONVENE AS THE DESCHUTES COUNTY BOARD OF COMMISSIONERS 16. CONSIDERATION of Approval of Weekly Accounts Payable Vouchers for Deschutes County 17. ADDITIONS TO THE AGENDA Deschutes County meeting locations are wheelchair accessible. Deschutes County provides reasonable accommodations for persons with disabilities. For deaf, hearing impaired or speech disabled, dial 7-1-1 to access the state transfer relay service for TTY. Please call (541) 388-6571 regarding alternative formats or for further information. FUTURE MEETINGS: (Please note: Meeting dates and times are subject to change. All meetings take place in the Board of Commissioners' meeting rooms at 1300 NW Wall St., Bend, unless otherwise indicated. If you have questions regarding a meeting, please call 388-6572.) Monday, November 9 10:00 a.m. Board of Commissioners' Meeting 12 noon Regular Meeting with Department Directors 1:30 p.m. Administrative Work Session — could include executive session(s) Wednesday, November 11 Most County Offices will be closed to observe Veterans' Day. Thursday, November 12 7:00 a.m. Regular Meeting with the City of Redmond Council — Redmond City Hall 8:30 a.m. Joint Meeting with Jefferson County Board of Commissioners and the Oregon Department of Transportation, at the Fairgrounds Officer, Redmond 3:00 p.m. COACT Meeting, Redmond November 15 through 20 Annual Association of Oregon Counties' Conference — Portland Board of Commissioners' Business Meeting Agenda Monday, November 9, 2009 Page 3 of 5 Pages Thursday, November 26 Most County Offices will be closed to observe Thanksgiving Friday, November 27 Most County Offices will be closed to observe Thanksgiving (unpaid day off) Monday, November 30 10:00 a.m. Board of Commissioners' Meeting 1:30 p.m. Administrative Work Session — could include executive session(s) Wednesday, December 2 10:00 a.m. Board of Commissioners' Meeting 1:30 p.m. Administrative Work Session — could include executive session(s) Thursday, December 3 8:00 a.m. Regular Meeting with Road Department 9:00 a.m. Regular Meeting with Solid Waste 10:00 a.m. Regular Update with District Attorney 11:00 a.m. Regular Update with Community Development 12:00 noon Meeting of Full Audit Committee Monday, December 7 10:00 a.m. Board of Commissioners' Meeting 1:30 p.m. Administrative Work Session — could include executive session(s) 3:30 p.m. Regular Meeting of LPSCC (Local Public Safety Coordinating Council) Wednesday, December 9 10:00 a.m. Board of Commissioners' Meeting 1:30 p.m. Administrative Work Session — could include executive session(s) Board of Commissioners' Business Meeting Agenda Monday, November 9, 2009 Page 4 of 5 Pages Thursday, December 10 11:00 a.m. Regular Update with Health and Human Services Tuesday, December 15, 2009 1:00 p.m. (Tentative) Official Signing of Greater Sisters Community Wildfire Protection Plan Wednesday, December 16 11:00 a.m. Oregon Youth Challenge Graduation Ceremony 2:30 p.m. Administrative Work Session — could include executive session(s) — Please note later time! Thursday, December 17 9:00 a.m. Regular Update with the Sheriff's Office 11:00 a.m. Regular Update with Community Justice Thursday, December 24 Most County Offices will be closed to observe Christmas (unpaid day ofJ) Friday, December 25 Most County Offices will be closed to observe Christmas Thursd y, December 31 Most County Offices will be closed to observe New Years (unpaid day ofJ) Friday, January 1 Most County Offices will be closed to observe New Years Deschutes County meeting locations are wheelchair accessible. Deschutes County provides reasonable accommodations for persons with disabilities. For deaf, hearing impaired or speech disabled, dial 7-1-1 to access the state transfer relay service for TTY. Please call (541) 388-6571 regarding altemative formats or for further information. Board of Commissioners' Business Meeting Agenda Monday, November 9, 2009 Page 5 of 5 Pages BOARD OF COMMISSIONERS' MEETING Agenda Item of Interest: Name 1 REQUEST TO SPEAK :.- Z S- -. 1e y Date: 1%1 (V05 Address 767 Phone #s /rue i.o4 44604 ,._ 7410 E-mail address r In Favor Neutral/Undecided Submitting written documents as part of testimony? Yes If so, please give a copy to the Recording Secretary for the record. BOARD OF COMMISSIONERS' MEETING REQUEST TO SPEAK Agenda Item of Interest: Date: / l C Opposed No Name Address a&L ( et.. lA �/ tie. kc t' 6 c'i Phone #s E-mail address a d wL 01 ( Q.-( ' '` ` U' In Favor Neutral/Undecided Submitting written documents as part of testimony? Yes If so, please give a copy to the Recording Secretary for the record. Opposed No BOARD OF COMMISSIONERS' MEETING REQUEST TO SPEAK C "' .,e Agenda Item of Interest:R6r;.. 72 Y' sesc\'")it 4 r t ri Date: 1 f k laze) 1 Name dvt — Qt + ri 0. n n r r^t reLl Address to V Phone #s rf t E-mail address In Favor Jk Neutral/Undecided Submitting written documents as part of testimony? Yes If so, please give a copy to the Recording Secretary for the record. BOARD OF COMMISSIONERS' MEETING REQUEST TO SPEAK Agenda Item of Interest: r% Name Opposed No Date: ► \ /0q Address Phone #s ! `( 1 - 5 -- c� o �1 E-mail address ; A. ryu t I J In Favor Neutral/Undecided Submitting written documents as part of testimony? Yes If so, please give a copy to the Recording Secretary for the record. Opposed No Community Development Department Planning Division Building Safety Division Environmental Health Division . .... , bbl.. .;'. 117 NW Lafayette Avenue Bend Oregon 97701-1925 (541)388-6575 FAX (541)385-1764 http://www.co.deschutes.or us/cdd/ MEMORANDUM TO: Deschutes County Board of County Commissioners FROM: Cynthia Smidt, Associate Planner DATE: November 5, 2009 MEETING DATE: November 9, 2009 SUBJECT: Continued Public Hearing for Text Amendment TA -08-12, Deschutes County Code, Sign Ordinance. Carlson Sign Company comments. As indicated in the memorandum dated November 3, Planning staff requested additional comments from Carlson Sign Company. Kevin Wells from Carlson Sign Company submitted comments on November 4, 2009. In the submitted email, Mr. Wells states the following. We appreciate the opportunity to provide a bit of input. As a general comment, we continuously hear from business owners that this sign code is a frustrating document to deal with, requiring a lot of effort to attempt to figure out. Part of the problem rests with the numerous sections dealing with what appears to be excessive divisions of various types of sign districts, especially for commercial businesses, the definitions of which are certainly not logical or intuitive, are not easily agreed upon, must be interpreted in many cases, and cannot simply be looked up or "found", discovered, or understood by most cone users. More to the point, a few of these sign district definitions may actually matter in terms (7f their visual aesthetic impacts for residents and tourists, but for virtually all of the conn y commercial activity, the definitions and the classifications by sign district make it a daunting challenge for any of our business customers to figure out what signage they are legal y allowed. Did I mention that the code design makes it a very daunting challenge? I near y always have to can & ask for help from county staff when I start a sign project in Deschutes County. It would be nice if I were not faced with a sign code and a set of rules that even we in the sign business can't decipher. So, we look forward to the day when it's boiled down and all the different county sign districts are combined into just 3 or 4 logical divisions (e.g. Resat, Residential, Commercial, & Agricultural). We would use a formula from the code that is both logical, clear & concise in specifying the allowed sizes and quantity of signage, and which will allow the business owner the needed flexibility to exercise his judgment regarding the most appropriate placement for his particular business and the nature of the property at hand. Other than that, my remaining more specific comments on the proposed pending text amendme it Quality Services Performed with Pride action are noted on the attached draft. [Staff has included Mr. Wells's comments with this memo]. The Planning Division concurs with Mr. Wells and recognizes the need of revising the Sign Ordinance in its entirety. However, the text amendment before you was intended to address specific signage issues identified by staff through the application of the code. Together with specific sections, staff proposed some minor miscellaneous changes to the sign ordinance. Planning staff has reviewed Mr. Wells's comments. Because some of his comments are new to this text amendment and not yet reviewed by the Planning Commission, staff believes these comments should be considered when the Planning Division proceeds, at a date uncertain, with another text amendment to the sign ordinance. Therefore, based on this, staff did not address many of Mr. Wells's comments in this memorandum. Staff will review and analyze those comments that are believed to correlate with the proposed amendments. ANALYSIS Sign Location In the staff memorandum, dated October 20, 2009, staff addressed one of Mr. Wells's comments regarding wall sign location. Based on initial comment, staff proposed to modify DCC 15.08.130(E) by eliminating the criterion that requires a wall sign to be located only on a wall that faces a roadway providing vehicular access. Staff proposed to eliminate the vehicular access portion of the requirement. However, Mr. Wells suggests further modification by removing placement location from the code. A revision based on this additional comment, staff would suggest deleting subsection (E) and re -lettering the DCC 15.08.130. As indicated previously, staff finds Mr. Wells's recommendation logical and suggests the Board consider the additional modification. Following the above recommendation, Mr. Wells continues this suggestion in another section of the sign ordinance. In DCC 15.08.260 Shopping Center Complexes, subsection (B), Mr. Wells suggests removing sign placement location. Staff is aware that the sign ordinance contains additional sign placement standards and thus should be considered for modification. However, the staff believes these additional sectional changes would be considered new to the proposal and not yet reviewed by the Planning Commission and the public. Staff recommends all reference to sign placement location should be reviewed in subsequent text amendments to the sign ordinance. Resort Facilities and Destination Resorts — Entrance Signs In the September 14, 2009 report to the Board, staff noted a miscellaneous change to DCC 15.08.220 Resort Facilities and Destination Resorts. In subsection (A), the second sentence speaks of a second monument [entrance] sign permitted. Staff found this sentence confusing and suggested a modification for clarification. Mr. Wells provided additional feedback regarding this section indicating that the placement of the additional entrance sign should be at the discretion of the property owner and not necessarily at each entrance. However, staff is concerned that this does not meet the intention of the original ordinance, Ordinance 98-061. Staff recommends this suggestion be reviewed in subsequent text amendments to the sign ordinance. Staff recommends that the Board of County Commissioners close the Public Hearing, review written testimony, discuss, and decide on what option for the proposed text amendment. Attachments: 1. Carlson Sign Company Comments BOCC Staff Memo TA -08-12 Page 2 Page 1 of 3 Cynthia Smidt From: Kevin Wells [kdwells@carlsonsign.com] Sent: Wednesday, November 04, 2009 12:04 PM To: Cynthia Smidt; Peter Carlson Subject: Comments from Carlson Sign: DC Sign Ordinance text amendment Attachments: input Chapter 15.08 draft (10-20-09).doc Hi Cynthia - We appreciate the opportunity to provide a bit of input. As a general comment, we continuously hear from business owners that this sign code is a frustrating document to deal with, requiring a lot of effort to attempt to figure out. Part of the problem rests with the numerous sections dealing with what appears to be excessive divisions of various types of sign districts, especially for commercial businesses, the definitions of which are certainly not logical or intuitive, are not easily agreed upon, must be interpreted in many cases, and cannot simply be looked up or "found", discovered, or understood by most code users. More to the point, a few of these sign district definitions may actually matter in terms of their visual aesthetic impacts for residents and tourists, but for virtually all of the county commercial activity, the definitions and the classifications by sign district make it a daunting challenge for any of our business customers to figure out what signage they are legally allowed. Did I mention that the code design makes it a very daunting challenge? I nearly always have to call & ask for help from county staff when I start a sign project in Deschutes county. It would be nice if I was not faced with a sign code and a set of rules that even we in the sign business can't decipher. So, we look forward to the day when it's boiled down and all the different county sign districts are combined into just 3 or 4 logical divisions (e.g. Resort, Residential, Commercial, & Agricultural). We would use a formula from the code that is both logical, clear & concise in specifying the allowed sizes and quantity of signage, and which will allow the business owner the needed flexibility to exercise his judgment regarding the most appropriate placement for his particular business and the nature of the property at hand. Other than that, my remaining more specific comments on the proposed pending text amendment action are noted on the attached draft. Thanks again, Kevin Wells Carlson Sign Company 11/9/2009 Page 2 of 3 Phone: 541-382-2182 Fax: 541-382-2196 1605 NE Forbes Road, Bend, OR 97701 carlsonsign.com Cynthia Smidt wrote: Hi Kevin, Your feedback would be greatly appreciated!! I will hope to receive something from you by the end of Thursday. Thanks. Oh, and if you have nothing to say, just send me an email saying it so... this way I can report back to the Board. I have attached the following items I sent to the Board of County Commissioners for the Oct. 26 hearing. 1) Chapter 15.08 — amended text 2) Staff memo (you will see I only captured one of your ideas but not all) Just so you know, regarding 15.08.250 Businesses Not Classified in a Shopping Center orBusiness Complex and 15.08.260 Shopping Center C,onplexes where we introduce the "menu board"... there is concern that what we added is content based (legal issues). Therefore, I am proposing two alternative that might go something like this... Option 1: This alternative was presented at the October 26 hearing. Motor Vehicle Service Entrance or Drive -up Window Signs. A motor vehicle service entrance or a drive -up window may have one ground -mounted sign not to exceed 12 square feet in area. Notwithstanding the proceeding, another ground -mounted sign may be allowed subject to DCC 15.08.150, provided the sign is a menu board for drive - up window service of a non-mobile food establishment as defined in OAR 333. Option 2: This alternative replaces "food establishment" with "service establishment." It also removes the reference to "menu board." This option would also remove from DCC Section 15.08.040 the proposed definition of "menu board." Motor Vehicle Service Entrance or Drive -up Window Signs. A motor vehicle service entrance or a drive -up window may have one ground -mounted sign not to exceed 12 square feet in area. Notwithstanding the proceeding, another ground -mounted sign may be allowed subject to DCC 15.08.150, provided the sign is for drive -up window service of a non-mobile service establishment. 11/9/2009 Page 3 of 3 Clench a Sweat Deschutes Couvl,tDeveLo1v&Levvt 117 NW L -a -Fa d etre Ave. gewd, oregovA. _97701 1'hovte: (541) .317-.3150 Fax: (541) 325-1764 Ewta%L: ctAthias@co.deschutes.or.us website: ht-q_:/,/www.co.deschutes.or.us/cdd/ 11/9/2009 Chapter 15.08. SIGNS 15.08.010. Short Title. 15.08.015. Bend Urban Area Sign Code. 15.08.020. Purpose. 15.08.030. General Definitions. 15.08.040. Specific Definitions. 15.08.050. Interpretation. 15.08.050. Sign Permit. 15.08.070. Administration. 15.08.080. Exceptions. 15.08.090. Repealed. 15.08.100. Exempt Signs. 15.08.110. Temporary Signs. 15.08.120. Prohibited Signs. 15.08.130. Wall Signs. 15.08.140. Freestanding Signs. 15.08.150. Ground -Mounted Signs. 15.08.160. Monument Signs. 15.08.170. Outdoor Advertising Signs. 15.08.180. Awnings and Canopy Signs. 15.08.190. Marquee Signs. 15.08.200. Resource Zones. 15.08.210. Residential Zones. 15.08.220. Resort Facilities and Destination Resorts. 15.08.230. Restricted Commercial Zones. 15.08.240. General Commercial Zones. 15.08.250. Businesses Not Classified in a Shopping Center or Business Complex. 15.08.260, Shopping Center Complexes. 15.08.270. Business Complexes. 15.08.280. Unincorporated Community Zones. 15.08.290. Industrial Zones. 15.08.300. Airport Development Zone. 15.08.310. Existing Signs -Conformance Required. 15.08.320. Special Requirements. 15.08.330. Compliance. 15.08.340. Repealed. 15.08.350. Abandoned Signs. 15.08.360. Removal of Unsafe Signs. 15.08.370. Sign Measurement. 15.08.380. Permitted Materials. 15.08.390. Illumination Standards. 15.08.400. Maintenance. 15.08.410. Design. 15.08.420. Wind Loads. 15.08.430. Seismic Loads. 15.08.440. Combined Loads. 15.08.450. Allowable Stresses. 15.08.460. Anchorage and Supports. 15.08.470. Electric Sign Construction. 15.08.480. Clearance from High Voltage Power Lines. Chapter 15.08 1 (2006) 15.08.490. Clearance from Fire Escapes, Exits or Standpipes. 15.08.500. Variance. 15.08.510. Repealed. 15.08.520. Conditions. 15.08.530. Inspection. 15.08.540. Enforcement. 15.08.550. Violation Declared a Nuisance. 15.08.560. Violation. 15.08.010. Short Title. DCC 15.08 shall be known as the "County Sign Ordinance No. 81-009," and may be cited and pleaded. (Ord. 81-009 §l, Exhibit A, §1.010, 1981) 15.08.015. Bend urban Area Sign Code. Notwithstanding any other provision of DCC 15.08, 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 as DCC 15.08A, and as may be amended from time to time, shall apply in that geographic area instead. (Ord. 98-052 §1, 1998) 15.08.020. Purpose. The purpose of DCC 15.08 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 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 DCC 15.08, 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 §I, Exhibit A, §1.040, 1981) 15.08.040. Specific Definitions. For the purposes of DCC 15.08, unless otherwise apparent from the context, certain words and phrases used in DCC 15.08 are defined as set forth in DCC 15.08.040. "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. Chapter 15.05 2 (2006) "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 Transportation System Plan. "Awning" means a structure made of cloth, metal or similar material with rigid 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. "Board" means the Board of County Commissioners of the County. "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. "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 medical clinics and accessory pharmacies, professional offices and personal service establishments which perform personal services on the premises and similar uses. "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. "Clear vision area" means a triangular area two sides of which are measured from the 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. "County" means the County of Deschutes, State of Oregon. "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. "Display surface" means the area made available by the sign structure for the purpose of displaying a message thereon. "Erect" means to construct, paint, place, affix or otherwise bring into being. "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. "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 qualify as a frontage. "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 Eedestate adopted building code. "Maintain" means to allow to exist or continue. "Marquee" means a permanent roofed structure attached to or supported by a building, but does not mean a canopy as defined in DCC 15.08.040. "Menu Board" means a sign on which a food menu is written. "Nonstructural trim" means a molding, batten, cap, nailing strip or stringer, lattice, cutout, letter or walkway attached to a sign structure. Chapter 15.08 3 (2006) "Person" means an individual, corporation, partnership, association, joint venture or other legal entity. "Planning Director" and "Building Official' mean the Planning Director and Building Official, respectively, of the County. "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. "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 firms. "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 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 DCC 15.08 which does not conform to the provisions contained in DCC 15.08. 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. M. "Monument sign" means a sign which has its base affixed to or set on the ground with no other visible means of support. • 15.08. Officials. • "Zone" means a zoning district established pursuant to the zoning ordinance. (Ord. 2009-023 §1, 2009; Ord. 97-067 §1, 1997; Ord. 95-063 §1, 1995; Ord. 81-009 §1, Exhibit A, §§1.030 and 1.050, 1981) Chapter 15.08 4 (2006) 15.08.050. Interpretation. Where conditions imposed by the provisions of DCC 15.08 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) 15.08.060. Sign Permit. Except as provided in DCC 15.08.070, 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. 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 DCC 15.08. 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 DCC 15.08. Sign permits mistakenly issued in violation of DCC 15,08 are void. C. A sign permit may be revoked if the Planning Director finds that there was a material and misleading false statement of 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 one year 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. 97-067 §1, 1997; Ord. 95-063 §1, 1995; Ord. 95-062 §1, 1995; Ord. 81-009 §1, Exhibit A, § 1.0801, 1981) 15.08.080. Exceptions. The following signs or procedures shall not require a sign permit but are subject to all other applicable requirements of DCC 15.08: A. Exempt signs listed in DCC 15.08.100. B. Temporary signs listed in DCC 15.08.110. 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. 97-067 §1, 1997; Ord. 95-063 §1, 1995; Ord. 81-009 §1, Exhibit A, § 1.090, 1981) 15.08.090. (Repealed by Ord. 97-067, 1997.) 15.08.100. Exempt Signs. Chapter 15,08 5 (2006) The following types of signs are exempted from the provisions of DCC 15.08 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 DCC 15.08. 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. 97-067 §1, 1997; Ord 95-063 §1, 1995; Ord. 81-009 §1, Exhibit A, §1.110, 1981) 15.08.110. Temporary Signs. The following signs shall be allowed as temporary signs and shall be subject to the provisions of DCC 15.08, 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 five days after the election for which they are used. The provisions of DCC 15.08.110 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 five days after the event; F. Street banners advertising a public event. Street banners may be displayed during and for 14 days before and five 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 five 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 use 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: Chapter 15.08 6 (2006) Comment [SAI; Is h value a'tTas re Busanesses ase t.O. q, place a $8n�w1 help custquers Ed.1 Project Size Total Number of Signs Maximum Area Per Sign (Square Feet) 4 acres or less 1 32 Over 4 acres 1 96 (Ord. 97-067 §1, 1997; Ord. 95-063 §1, 1995; Ord. 81-009 §1, Exhibit A, §1.120, 1 981) 15.08.120. 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; 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 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. Creates confusion with, or interferes 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 DCC 15.08; 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 DCC 15.08; K. Is not otherwise in conformance with the provisions of DCC 15.08. (Ord. 97-067 §1, 1997; 95-063 §1, 1995; Ord. 81-009 §1, Exhibit A, §1.130, 1981) 15.08.130. Wall Signs. Unless otherwise specified in DCC 15.08, the following criteria shall be applicable for attached wall signs: A. Wall signs shall not project more than 18 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 ends of the wall to which it is attached. E. ,Exce)i as provided elsewhere in DCC 15,08, wall_signs shall not be Located on a building facade 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 facade which is used for determining sign area. (Ord. 2009-023 &1, 2009; Ord. 2006-006 §1, 2006; Ord. 95-063 §1, 1995; Ord. 81-009 §1, Exhibit A, § 1.200, 1981) t Formatted: Highlight Formatted: Highlight 15.08.140. Freestanding Signs. Unless otherwise specified in DCC 15.08, 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 Chapter 15.08 7 (2006) 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 sib shall not tie located iiia side yard common to another Iot i r w thirtk,a rear yar4j_ 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 of that frontage which provide, 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, 2009-023 §1, 2009; Ord. 95-063 §1, 1995; Ord. 81-009 §1, Exhibit A, §1.210, 1981) 15.08.150. 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, atj:?irf? _ _ feet of any street right if 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 DCC 15.08, 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, Ex A, 1981) 15.08.160. Monument Signs. The following criteria shall be applicable to all monument signs: A. A monument sign shall not be locate0 within 10 feet of au y street rigl lot line, or within any clear vision area. B. A monument sign shall have maximum overall dimensions and area not exceeding any of the following: 1. A maximum height of 12 feet; 2. A maximum width of 30 feet at the base; 3. A maximum area of 150 square feet. When two monument signs are located at the same entry the total area of both signs added together shall not exceed 150 square feet. (Ord. 98-061 §1, 1998; Ord. 97-067 §2, 1997) _ay,any other sign or side 15.08.170. 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 a roadway designated as a principal arterial within the urban growth boundaries of Bend and Redmond; 2. On property zoned commercial which adjoins a roadway designated as a principal arterial within the La Pine Urban Unincorporated Community. 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 DCC 15.08 shall not be considered as nonconforming signs and are not subject to the provisions of DCC 15.08.310. 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. Chapter 15.08 8 (2006) Comment tSA: t6.a meetrear and , w r at t. e �.ng 1 attendad. Sh, s the val e v hzs ul u5•ine$se5 ar8 h np IdCB 5 s e}W^G eustelaera fl,nd'.. dith h01; 1 n: Formatted: Highlight Formatted: Highlight t Formatted: Highlight Formatted: Highlight J F. All structural supports for outdoor advertising signs shall be constructed of steel. 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. 97-067 §1, 1997; Ord. 96-003 §13, 1996; Ord. 95-065 §1, 1995; Ord. 81-009 §1, Exhibit A, § 1.230, 1981) 15.08.180. 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) 15.08.190. 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, 1981) 15.08.200. Resource Zones. DCC 15.08.200 applies to all signs in the following zones: exclusive farm use (EFU), forest use (F), open space and conservation (OS&C), research and development (R&D), floodplain (FP) and surface mining (SM) in DCC Title 18; surface mining (SM) in DCC Title 19; and park reserve -open space (OSPR) in DCC Title 20. No signs shall be permitted in these zones except as provided in DCC 15.08.200. 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 and four feet in height. 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 DCC 15.08.200 shall be illuminated, except that any illuminated sign existing on the effective date of the ordinance codified in DCC 15.08 may continue to be illuminated. E. Exempt and Temporary Signs. Exempt and temporary signs shall be as provided in DCC 15.08.100 and 15.08.110. (Ord. 97-067 §1, 1997; Ord. 95-063 §1, 1995; Ord. 81-009 §1, Exhibit A, §1.140, 1981) 15.08.210. Residential Zones. DCC 15.08.210 applies to all signs in unincorporated communities as specified in DCC 15.08.280 and to all signs in the following zones: rural residential (RR) and multiple use agriculture (MUA) in DCC Title 18; suburban low density residential (SR), suburban high density residential (RL), urban standard residential (RS), urban medium density residential (RM), urban high density residential (RH) and urban area reserve Chapter 15.08 9 (2006) Formatted: Highlight Comment (5d6] de)_. the t Via, what. -thi y Ali (UAR) in DCC Title 19; and limited residential (R-1), limited residential -planned (R-2 and R-3), general residential (R-4) and urban high density residential (R-5) in DCC Title 20. No signs shall be permitted in these zones except as provided in DCC 15.08.210. 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 and Uses Other Than Dwellings. For a building other than a dwelling one wall or ground - mounted sign with a maximum sign area of 20 feet shall be permitted. 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 DCC 15.08 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 DCC 15.08.100 and 15.08.110. (Ord. 2006-006 §1, 2006; Ord. 97-067 §1, 1997; Ord. 95-063 §1, 1995; Ord. 81-009 §1, Exhibit A, § 1.150, 1981) 15.08.220. Resort Facilities and Destination Resorts. DCC 15.08.220 applies to all signs for resort facilities, including resort, community and recreation buildings and uses, and destination resorts. A. Entry sign. One monument, ground -mounted or freestanding sign i4 eachprimary entrance from a -- public ,public road shall be allowed. In accordance with DCC 15.08.160(B), Aan seeend-additional monument sign Ali prima y eniartnp shall be allowed as long as the total area of both sgns at each entrance, together is no more than 150 square feet. B. Directional signs. Directional signs, as defined in DCC 15.08.040 shall be a monument or ground - mounted type with a maximum sign area of 20 square feet. C. Motor vehicle directional signs. Motor vehicle directional signs shall be allowed for resorts with more than one primary entrance from a public road to direct visitors to resort facilities. The following criteria shall be applicable: 1. A maximum of two signs for each primary entrance shall be allowed. 2. A motor vehicle directional sign shall be a monument or ground -mounted type located on -premise, jtt�least five feet from any street right of way and outside any clear vision area. 3. Each sign shall not exceed 32 square feet in area or eight feet in height. D. On -premise signs. On -premise signs not ik§Ibiel from a public right of way or adjacentproperties shall not require a sign permit but are subject to all other applicable requirements of DCC 15.08. E. Illumination. All signs may be illuminated, subject to the requirements of DCC 15.08.390 and DCC 15.10. 1 (Ord. 2009-023 §1, 2009; Ord. 98-061 §1, 1998; Ord. 97-067 §2, 1997) 15.08.230. Restricted Commercial Zones. DCC 15.08.230 applies to all signs in unincorporated communities as specified in DCC 15.08.280 and to all signs in the following zones: neighborhood commercial (CN) in DCC Title 19 and special -service commercial (C-3) in DCC Title 20. No signs shall be permitted in these zones except as provided in DCC 15.08.230. Chapter 15.08 10 (2006) Formatted: Highlight Comma about.. highwa; . Opeed the Is p0 Formatted: Highlight Formatted: Highlight Com ent [S/t87 eeelnn read" n t"ztc intended t2 by persona= adjacent outside be use' 1 r read' Formatted: Highlight A. Wall Signs. A business may have a sign area not to exceed 32 square feet Qtilwn 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 DCC 15.08.230(A), 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 DCC 15.08.210. E. Exempt and Temporary Signs. Exempt and temporary signs shall be permitted as provided in DCC 15.08.100 and 15.08.110. (Ord. 97-067 §1, 1997; Ord. 95-063 §1, 1995; Ord. 81-009 §1, Exhibit A, §1.160, 1981) 15.08.240. General Commercial Zones. DCC 15.08.240 applies to all signs in unincorporated communities as specified in DCC 15.08.280 and to all signs in the following zones: limited commercial (CL), convenience commercial (CC), general commercial (CG) and highway commercial (CH) in DCC Title 19 and zones designated strip service commercial (C-1), central business district commercial (C-4) and tourist commercial (C-5) in DCC Title 20. No signs shall be permitted in these zones except as provided in DCC 15.08.240 and DCC 15.08.250, 15.08.260 and 15.08.270. (Ord. 97-067 §1, 1997; Ord. 95-063 §1, 1995; Ord. 81-009 §1, Exhibit A, §1.170 (part), 1981) 15.08.250. 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 cat.ci theareof , the front building facade if such facade ill located less than. 25O feet from the a% taglti"ri 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 DCC 15.08.250(A) 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 DCC 15.08.250(A), one freestanding or ground- mounted sign shall be permitted per lot subject to the requirements of DCC 15.08.140 and 15.08.150 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-aA motor vehicle service or drive -up window; may have sign ar a shall be limited to one ground -mounted sign not to exceed 12 square feet in area. Notwithstandin the sroceedin• another ound-mounted si• ma be allowed sub'ect to DCC 15.08.150, provided the sign is a menu board for drive -up window service of a non-mobile food establishment as defined in OAR 333. 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. Chapter 15.08 11 (2006) d w th ato)efron e roofiine 'nd eaves ht down, a1r ost to rt wind w5, Formatted: Highlight Formatted: Highlight Formatted: Highlight H. Exempt and Temporary Signs. Exempt and temporary signs shall be as provided in DCC 15.08.100 and 15.08.110. (Ord. 2009-023 §1, 2009; Ord. 97-067 §1, 1997; Ord. 95-063 §1, 1995; Ord. 81-009 §1, Exhibit A, §1.170(1), 1981) 15.08.260. Shopping Center Complexes. Signs permitted in DCC 15.08.260 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 itipercent of tyle 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 DCC 15.08, 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 herq the burin s has a jkiblie 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 DCC 15.08.260 br#dshall bt lopatedon that building facade where the copdar; pu ific traTc t' gra de '( Formatted: Highlight C. Freestanding and Ground -mounted Signs. In addition to the requirements in DCC 15.08.260(A), one t Formatted: Highlight 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 may identify specific businesses within the center. Such signs shall be subject to the requirements of DCC 15.08.140 and DCC 15.08.150 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 aA motor vehicle service entrance or a drive -up window, limited to may have one ground -mounted sign not to exceed 12 square feet in area. Notwithstanding the .proceeding, another ground -mounted sign may be allowed subject to DCC 15.08.150, provided the sign is a menu board for drive -up window service of a non-mobile food establishment as defined in OAR 333. F. Building Directory Signs. A building directory sign shall be limited to three square feet per occupant. G. Alley Signs. An alley sign shall be 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 DCC 15.08.100 and DCC 15.08.110. (Ord. 2009-023 §1, 2009: Ord. 98-061 §1, 1998; Ord. 95-063 §1, 1995; Ord. 81-009 §1, Exhibit A, §1.170(2), 1981) 0 Formatted: Highlight Formatted: Highlight 15.08.000 Business Carnplexes - _ A. Signs permitted in DCC 15.08.270 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. lieu of a ground -mounted sign, the business complex may ,' have a wall sign not 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 jexceect 10 percent of the area of the facade of the individual business which faces such street or parking area. Chapter 15.08 12 (2006) Formatted: Highlight Formatted: Highlight Formatted: Highlight 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 DCC 15.08.100 and 15.08.110. B. Signs for residential and institutional uses shall be subject to the requirements of DCC 15.08.210. (Ord. 95-063 §1, 1995; Ord. 81-009 §1, Exhibit A, §1.170(3), 1981) 15.08.280. Unincorporated Community Zones. DCC 15.08.280 applies to all signs within the unincorporated community zones, including urban unincorporated communities, rural communities, rural service centers, rural commercial and resort communities as identified within DCC Title 18. No sign shall be permitted in these zones except as provided in DCC 15.08.280. A. For these -retail businesses or service establishments with a street frontage on a roadway designated as an arterial on the County Roadway- uer-kTransportation System Plan, the requirements of DCC 15.08.240 through 15.08.270 shall apply. B. For those retail businesses or service establishments without direct vehicular access tostreet frontage on a roadway designated as an arterial on the County Roadway =orlkTransportation System Plan, the requirements of DCC 15.08.230 shall apply. C. All signs for agricultural or forest uses shall be subject to the requirements of DCC 15.08.210. D. All signs for residential uses shall be subject to the requirements of DCC 15.08.210. E. All signs for resort, community and recreation uses shall be subject to the requirements of DCC 15.08.220. F. All signs for industrial uses shall be subject to the requirements of DCC 15.08.290. G. All signs for airport uses shall be subject to the requirements of DCC 15.08.230. H. All signs for utility uses shall be subject to the requirements of DCC 15.08.230. (Ord. 2009-023 §1 2009; Ord. 97-067 §1, 1997; Ord. 96-003 §14, 1996; Ord. 95-063 §1, 1995; Ord. 81-009 §1, Exhibit A, §1.180, 1981) 15.08.290. Industrial Zones. DCC 15.08.290 applies to all signs in unincorporated communities as specified in DCC 15.08.280 and to all signs in the following zones: rural industrial (RI) in DCC Title 18; industrial park (IP), light industrial (IL) and general industrial (IG) in DCC Title 19; and zones designated light industrial (M-1) and heavy industrial (M-2) in DCC Title 20. No signs shall be permitted in these zones except as provided in DCC 15.08.290. 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 el signing shall only be located on that facade which faces the stree : < .' B. Ground -mounted Signs. In addition to the provisions of DCC 15.08.290(A), one ground -mounted sign shall be permitted for each street frontage which provides direct vehicular access into the site, subject to the requirements of DCC 15.08.150. C. Freestanding Signs. In lieu of a ground -mounted sign as permitted in DCC 15.08.290(B), 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 DCC 15.08.100 and 15.08.110. F. Content. Signs permitted in this zone shall be identity signs only. (Ord. 2009-023 §1, 2009; Ord. 97-067 §1, 1997; Ord. 95-063 §1, 1995; Ord. 81-009 §1, Exhibit A, §1.190, 1981) Chapter 15.08 13 (2006) Comment [SA18]. "t e gxeater.,'' of 1 .5 sq•ft of v4il,). sign area for each line irfoot _of leased storefront didth, or nix percent"_ Formatted: Highlight Comment [SA191 rile sagn.where orx$. Formatted: Highlight Formatted: Highlight C have' l Formatted: Highlight phos opt'r 15.08.300. Airport Development Zone, DCC 15.08.300 applies to all signs within the airport development (A -D) zone as identified in DCC Title 18. No signs shall be permitted in this zone except as set forth in DCC 15.08.300. For signs identifying uses within the A -D zone, the requirements of DCC 15.08.230 shall apply. (Ord. 97-067 §1, 1997; Ord. 95-063 §1, 1995; Ord. 81-009 §1, Exhibit A, §1.195, 1981) 15.08.310. Existing Signs -Conformance Required. Except as provided in DCC 15.08.310, signs in existence on the date of enactment of the ordinance codified in DCC 15.08 which are not in conformance with the provisions of DCC 15.08 shall be regarded as nonconforming signs and must be removed, altered or replaced so as to conform within five years of said date. Signs in violation of any prior code or requirement must conform immediately. (Ord. 97-067 §1, 1997; Ord. 95-063 §1, 1995; Ord. 81-009 §1, Exhibit A, §1.260, 1981) 15.08.320. Special Requirements. A nonconforming sign which is structurally altered, relocated or replaced shall immediately conform to the requirements of DCC 15.08 except that: A. A sign may be iemoved 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 are damaged by fire, natural disaster or other casualty, 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. 97-067 §1, 1997; Ord. 95-063 §1, 1995; Ord. 81-009 §1, Exhibit A, §1.270, 1981) 15.08.330. Compliance. A change in use or occupation of a site shall require full compliance with the provisions of DCC 15.08. (Ord. 95-063 §1, 1995; Ord. 81-009 §1, Exhibit A, §1.280, 1981) 15.08.340. (Repealed by Ord. 97-067, 1997.) 15.08.350. 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 business is no longer conducted on the premises. Abandoned signs may be removed and costs may be collected as provided in DCC 15.08.350. B. Outdoor advertising signs where a person has merely leased or contracted advertising space need not be moved in accordance with DCC 15.08.350. (Ord. 95-063 §1, 1995; Ord. 81-009 §1, Exhibit A, §1.300, 1981) 15.08.360. Removal of Unsafe Signs. If the Building Official 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 Building Official 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 Chapter 15.08 14 (2006) 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 DCC 15.08.330. (Ord. 97-067 §1, 1997; Ord. 95-063 §1, 1995; Ord. 81-009 §1, Exhibit A, §1.310, 1981) 15.08.370. Sign Measurement. A. Measurement Specifications. The following criteria shall be used in measuring a sign to determine compliance with DCC 15.08: 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 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) 15.08.380. 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 Codestate adopted 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 Standardstate adopted 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 Standardstate adopted buildijg 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 _ . :. - .. .. ..:state adopted 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 state adopted building code. 3. Nonstructural trims, signs under marquees and portable display surfaces may be of wood, metal, approved plastics or any combination thereof, Chapter 15.08 15 (2006) 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. 2009-023 $1, 2009. Ord. 95-063 §1, 1995; Ord. 81-009 §1, Exhibit A, §1.420, 1981) 15.08.390. Illumination Standards. Illuminated signs shall meet the applicable provisions of DCC 15.10, Outdoor Lighting Control. In addition: A. 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: B. 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. C. 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. D. 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. E. No sign may be internally illuminated if the wall of the building on which the sign is displayed directly abuts a residential zone. F. 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. G. 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. 97-067 §1, 1997; Ord. 95-063 §1, 1995; Ord. 81-009 §l, Exhibit A, § 1.430, 1981) 15.08.400. Maintenance. A. 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 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) Chapter 15.08 16 (2006) 15.08.410. 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) 15.08.420. Wind Loads. Signs shall be designed and constructed to withstand wind loads as set forth in the Uniform Building Codestate adopted building code. (Ord, 2009-023 §1, 2009; Ord. 95-063 §1, 1995; Ord. 81-009 §1, Exhibit A, §1.350, 1981) 15.08.430. Seismic Loads. Signs shall be designed and constructed to resist seismic forces as specified in chapter 23 of the Uniform Buildingstate adopted building code. (Ord. 2009-023 §1, 2009; Ord. 95-063 §1, 1995; Ord. 81-009 §1, Exhibit A, §1.360, 1981) 15.08.440. 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 §I, Exhibit A, §1.370, 1981) 15.08.450. 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 Codestate adopted building code. Loads, both vertical and horizontal, exerted on the soil shall not produce stresses exceeding those specified in chapter 29 of the Uniform Beilding Codcstate adopted 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. 1 (Ord. 2009-023 §1 2009; Ord. 95-063 §l, 1995; Ord. 81-009 §1, Exhibit A, §l.372, 1981) 15.08.460. 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. 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. Chapter 15.08 17 (2006) C. Unless such wall is designed in accordance with the requirements specified in chaptcr 23 of the Uniform Building Codestate adopted 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. 2009-023 §1, 2009; Ord. 95-063 §1, 1995; Ord. 81-009 §1, Exhibit A, §1.380, 1981) 15.08.470. 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) 15.08.480. Clearance from High Voltage Power Lines. A. Signs shall be located not less than eight feet horizontally and 12 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 DCC 15.08.480 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. (Ord. 95-063 §1, 1995; Ord. 81-009 §1, Exhibit A, §1.390, 1981) 15.08.490. 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, 1981) 15.08.500. Variances. An applicant for a sign permit may seek a variance to the provisions of DCC 15.08. A variance may be granted upon a finding by the appropriate review body that all of the following criteria are satisfied: A. The request is not contrary to the public interest or the intent and purpose of DCC 15.08 and particularly the zone involved. B. The variance will not cause a substantial adverse effect upon property values or environmental conditions in the immediate vicinity or in the zone in which the property of the applicant is located. C. The variance relates 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 or her 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 is 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. Chapter 15.08 18 (2006) G. The variance 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 DCC 15.08 is clearly outweighed by benefits to the neighborhood or to the public safety, convenience or general welfare. (Ord. 97-067 §1, 1997; Ord. 95-063 §1, 1995; Ord. 86-028 §1, 1986; Ord. 81-009 §1, Exhibit A, §1.440, 1981) 15.08.510. (Repealed by Ord. 97-067, 1997.) 15.08.520. Conditions. In determining a variance, the review body may approve all or a portion of a variance request and may attach such conditions as are necessary to achieve the purposes of DCC 15.08. (Ord. 97-067 §1, 1997; Ord. 95-063 §1, 1995; Ord. 81-009 §1, Exhibit A, § 1.440 (part), 198 I) 15.08.530. Inspection. The Planning Director and Building Official may inspect signs periodically to determine their conformance with DCC 15.08. (Ord. 95-063 §1, 1995; Ord. 81-009 §1, Exhibit A, § 1.320, 1981) 15.08.540. Enforcement. The Planning Director is authorized and directed to enforce the provisions of DCC 15.08. A. Removal of illegal signs. The Planning Director may order the removal of any sign erected without a sign permit or otherwise in violation of DCC 15.08. Except as provided in DCC 15.08.360, the Planning Director shall give 30 -day 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 DCC 15.08. B. if the owner of the sign, building, structure or premises upon which the sign is located has been notified pursuant to DCC 15.08.540 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. C. Any sign removed by the Planning Director shall be stored for a period of 30 days from the time the person responsible for the sign is notified as provided in DCC 15.08. At the expiration of the specified time, if the person responsible for the sign has not reclaimed the sign as provided for in DCC 15.08.540(D), the Planning Director may destroy the sign or dispose of it. D. 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 DCC 15.08.540(B). (Ord. 97-067 §1, 1997; Ord. 95-063 §1, 1995; Ord. 81-009 §1, Exhibit A, §1.330, 1981) 15.08.550. Violation Declared a Nuisance. The location, erection, construction, maintenance, repair, alteration or use of a sign in violation of DCC 15.08 is declared a nuisance. (Ord. 95-063 §1, 1995; Ord. 81-009 §1, Exhibit A, §1.480, 1981) 15.08.560. Violation. Violation of any provision of DCC 15.08 is a Class A violation. 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