Loading...
HomeMy WebLinkAbout81-009VOL 37PAGE 798 BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON An Ordinance Adopting the Deschutes ) County Sign Ordinance; Providing for ) Sign Permits and Administration; Pro- viding for Exemptions, Temporary and ) Prohibited Signs; Providing Dimensional > E p Criteria; Designating Nonconforming ) SPR Signs; Providing for Removal of Unsafe ) 2 1981 Signs; Providing for Inspection and ) EnforcProviding ro ; etVariances; sfor for D�OHU ES PATtERSpN vidingProviding ) COUNTY Penalties; Declaring Certain Signs a ) CLERK Nuisance; and Declaring an Emergency. ) ORDINANCE NO. 81-009 THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON, ORDAINS as follows: Section 1. That the Deschutes County Sign Ordinance marked Exhibit A, attached hereto and by this reference incorporated herein, is hereby adopted. Section 2. This Ordinance being necessary for the immediate preservation of public peace, health and safety, an emergency is declared to exist, and this Ordinance takes effect upon its passage. DATED this ©?L ay of h1 / 1981. BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON ALBERT A. YOUNG, Comnfistioner CLAY C SHE ARD, Comm' sinner ATTEST: SUSAN STONEMAN Recording Secretary ORDINANCE NO. 81-009, PAGE 1 VOL 37PAGE 7 99 EXHIBIT "A" DESCHUTES COUNTY SIGN ORDINANCE ORDINANCE 81-009 1.010 1.020 1.030 1.040 1.050 1.060 DESCHUTES COUNTY SIGN ORDINANCE GENERAL PROVISIONS Short Title Purpose Terminology DEFINITIONS General Definitions Specific Definitions Sign Measurement PERMITS 1.070 Sign Permit 1.080 Administration 1.090 Permit Exceptions 1.100 Signs Wrected Without A Permit EXEMPT, TEMPORARY AND PROHIBITED SIGNS 1.110 Exempt Signs 1.120 Temporary Signs 1.130 Prohibited Signs SIGNS PERMITTED BY ZONE 1.140 Signs Permitted in Resource Zones 1.150 Signs Permitted in Residential Zones 1.160 Signs Permitted in Restricted Commercial Zones 1.170 Signs Permitted in General Commercial Zones 1.180 Signs Permitted in Rural Service Center Zones 1.190 Signs Permitted in Industrial Zones 1.195 Signs Permitted in the Airport Development Zone SIGN REGULATION BY CLASS OF SIGNS 1.200 Wall Signs 1.210 Free -Standing Signs 1.220 Ground Mounted Signs 1.230 Outdoor Advertising Signs 1.240 Awning and Canopy Signs 1.250 Marquee Signs v,L 37PAGE SW NON -CONFORMING SIGNS 1.260 Non -Conforming Signs 1.270 Special Requirements for Non -Conforming Signs 1.280 Compliance 1.290 Removal of Illegal Signs 1.300 Abandoned Signs 1.310 Removal of Unsafe Signs INSPECTION AND ENFORCEMENT 1.320 Inspection 1.330 Enforcement MAINTENANCE, CONSTRUCTION AND SAFETY STANDARDS 1.340 Maintenance 1.350 Wind Loads 1.352 Design 1.360 Seismic Loads 1.370 Combined Loads 1.372 Allowable Stresses 1.380 Anchorage and Supports 1.390 Clearance from High Voltage Power Lines 1.400 Clearance from Fire Escapes, Exits or Standpipes 1.410 Electric Sign Construction PERMITTED MATERIALS 1.420 Permitted Materials ILLUMINATION 1.430 Illumination VARIANCE 1.440 Variance Application SPECIAL PROVISIONS 1.450 Severability 1.460 Penalties 1.470 Interpretation VOL 3 f PAGE 801 GENERAL PROVISIONS 1.010 SHORT TITLE. This ordinance shall be known as the Des- chutes County Sign Ordinance No. and may be so cited and pleaded. 1.020 PURPOSE. The purpose of this ordinance is to provide reasonable and necessary regulations for the erection and maintenance of signs in order to: (1) Protect the health, safety, property and welfare of the public. (2) Promote a neat, clean, orderly and attractive appearance within the County. (3) Improve the effectiveness of signs in identifying and advertising businesses and facilities. (4) Eliminate signs that demand, rather than invite public attention. (5) Provide for reasonable, orderly and effective display of outdoor advertising compatible with their surroundings. (6) Preserve, protect and enhance the economic, scenic, historic and aesthetic values and objectivities of the County and its citizens. (7) Provide effective signing to meet the anticipated differing needs of various areas in the County. 1.030 TERMINOLOGY. The word "County" shall mean the County of Deschutes Oregon. The words "Board of County Commissioners" and "Board" shall mean the Board of County Commissioners of Deschutes County, Oregon. The words "Planning Director" and "Building Official" shall mean the Planning Director and Building Official respectively of the County of Deschutes. DEFINITIONS 1.040 GENERAL DEFINITIONS. For the purposes of this article, words used in the present tense include the future, the singular includes the plural, the word "shall" is mandatory and the word "building" includes structure other than sign structure. 1.050 SPECIFIC DEFINITIONS. The following words and phrases used in this article have the meanings given to them in this section: VOL 3 t PAGE GQ? -2- (1) "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 in- corporating flashing or intermittent light for sign illumination. (2) ""Arterial"" means a restricted access street of substantial continuity which is primarily a traffic artery for intercommunication and so designated on the Roadway Network Plan, Deschutes County, Oregon. (3) "Awning" means a structure made of cloth, metal or similar material with metal frames attached to a building, projecting over a thoroughfare or entrance when the same is so erected as to permit its being raised to a position flat against the building when not in use. (4) "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. (5) "Business Complex" means one property ownership with the property owner and one or more business tenants as occupants or two or more business tenants as occupants of the property. In a business complex, business tenants include executive or administrative services including medicinal clinics and accessory pharmacies, professional offices, and personal service establishments which perform personal services on the premises and similar uses. (6) "Canopy" means a permanent roofed structure which may be free-standing or partially attached to a building for the purpose of providing shelter to patrons in automobiles, and patrons on foot, but shall not mean a completely enclosed structure. (7) "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 thirty (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 non -intersection ends of the other two sides. (8) "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. (9) "Display Surface" means the area made available by the sign structure for the purpose of displaying a message thereon. (10) "Erect means to construct, paint, place, affix or other- wise bring into being. (11) "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. (12) "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". VOL 37PAGE 803 -3- (13) "Incombustible Material" means a material that will not ignite at or below a temperature of 1200 degrees F. during an exposure of five minutes and which will not continue to burn or glow at that temperature. The test for an "incombustible material" shall be conducted as specified in the Uniform Building Code. (14) "Maintain" means to allow to exist or continue. (15) "Marquee" means a permanent roofed structure attached to or supported by a building, but does not mean a "canopy" as defined herein. (16) "Non -Structural Trim" means a molding, batten, cap, nailing strip or stringer, lattice, cutout, letter or walkway attached to a sign structure. (17) "Person" means an individual, corporation, partnership, association, joint venture, or other legal entity. (18) "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. (1'9) "Shopping Center" means a'premises planned and developed as a unit with an undivided, non -segregated parking area and is advertised as a center or mall and has multiple occupancy by business or service farms. (20) "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 structure, dis- play 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) "Free -Standing 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 (4) feet from the ground. VOL J l PAGE 804 -4- (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) "Non -Conforming Sign" means a sign erected prior to the adoption of this ordinance which does not conform to the provisions contained herein. (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 per- pendicular 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. (1) "Wall Sign" means a sign painted or otherwise affixed to the face of a building, marquee, or roo: overhang in a plane parallel to such face and extending not more than 18 inches therefrom. (21) "Uniform Builaing Code" means the Uniform Building Code published by the International Conference of Building Officials, as adopted by Deschutes County and which is referred to as "UBC" in this ordinance. (22) "Uniform Sign Code" means the Uniform Sign Code published by the International Conference of Building Officials, (23) "Zone" means a zoning district established pursuant to the Deschutes County Zoning Ordinance. 1.060 SIGN MEASUREMENT. (1) The following criteria shall be used in measuring a sign to determine compliance with this ordinance: (a) Area or sign area, The area of a sign shall be measured within lines drawn between the outermost edges of a sign including non-structural trim, facing announcement acid display, but ex- clusive of essential structural supports. Where a sign is of three dimensional shape, the largest cross section shall be used -5 - VOL 37PAGE 605 in a flat projection for the purpose of determining sign area. Where open area is employed between sections, modules or characters of words forming the display surface, sign area shall be the smallest outline which encloses the entire group. For a two (2) faced sign with sign faces parallel and not more than three (3) feet apart, only one (1) face is measured for determining sign area. For a V -type sign with not more than three (3) feet between display surfaces at the farthest point, only one (1) face is measured for determining sign area. (b) Clearance. Clearance of a sign is measured from the average grade at the base of the sign to the lowest point of the sign. (c) 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. (2) Area of front building facade. When the area of the front building facade is used to determine sign area, said 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 are devoted to the particular business. "False fronts" and mansard roofs may be included when calculating the area of the building facade. 1.070 SIGN PERMIT. Except as provided in Section 1.090 of this ordinance, no sign shall be erected, structurally altered or relocated until a sign permit has been issued. 1.080 ADMINISTRATION. (1) 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 relation- ship to the ground or to any building or structure to which the sign is proposed to be installed or affixed. When appropriate, a plot plan drawn to scale shall be submitted which indicates the location of proposed signing relative to street and property lines. Prior to the issuance of a sign permit, the Building Official may review the construction aspects of the proposed sign. The Planning Director or Building Official may require other pertinent information where in their opinion, such information is necessary to determine compliance with the provisions -of this ordinance. (2) The Planning Director shall issue a permit for a sign covered by application duly made unless the sign is in violation of the provisions of this ordinance. Sign permits mistakenly issued in violation of this ordinance are void. (3) The Planning Director may_ revoke a sign permi t if he finds that there was a material and misleading false statement fact in the application for the permit. (4) A sign permit shall be null and void if work for which the permit was issued has not been completed within a period of six (6) months of the date of issuance of the permit. voL 37PAGE 8'06 10 (5) Where an electrical permit for a sign installation is required, it shall be obtained from the "Oregon State Department of Commerce, Building Codes Division, prior to making the final Electrical connection from the sign to the electrical power source. 1.090 PERMIT EXCEPTIONS. The following signs or procedures shall not require a sign permit but are subject to all other applicable requirements of this ordinance. (a) Exempt signs listed in Section 1.110. (b) Temporary signs of the following types: (i) -construction signs (ii) real estate or owner erected signs (iii) open house directional signs (iv) farm product signs (v) signs identifying a non-profit, civic, charitable or benevolent event (vi) political campaign signs (c) The changing of advertising or message on an approved painted or printed sign or sign specifically designed for the use of replacable copy, except for changing the name of the business or use advertised. (d) The painting, repainting, and repair of an existing structural change is made. cleaning and normal maintenance sign unless a substantial 1.100 REMOVAL OF SIGNS ERECTED WITHOUT A PERMIT. The Planning Director may order the removal of any sign erected without a sign Permit or otherwise in violation of this code. Removal costs may be colilected as provided in Section 1.290. EXEMPT, TEMPORARY AND PROHIBITED SIGNS 1.110 EXEMPT SIGNS. The following types of signs are exempted from the provisions of this ordinance except as specifically noted below: (1) Public signs of a non-commercial nature erected by a public authority including, but not limited to safety signs,_trespassing signs, memorial plaques and historical markers. (2) House or building numbers limited to eight (8) inches in height for dwellings of three or less families and one (1) foot in height for other buildings. (3) Christmas or seasonal decorations as customarily used. (4) Non -illuminated directional and motor vehicle directional signs painted on paving or otherwisie limited to a maximum dimension of four (4) feet and a sign area of eight (8) feet. . votr 37PAGE S0 7 (5) Small signs not exceeding three (3) square feet in area, attached flat against a building, non-illiminated and announcing only the name and occupation of the building tenant. (6) Interior signs designed primarily to be viewed from a sidewalk or street when maintained inside a building, including but not limited to, signs attached to or painted on the inside of a window, provided however, the permitted area for such signs shall be subject to the area requirements for wall signs and that such signs conform to the illumination requirements of this ordinance. (7) Garage sale signs posted on the premises of which the sale is to be held, limited in size to eight (8) square feet in area, and removed at the end of the sale. 1.120 TEMPORARY SIGNS. The following signs shall be permitted as temporary signs and shall be subject to the provisions of this ordinance, except as specifically noted below: (1) Construction signs which identify the architects, engineers, contractors and other individuals or firms involved with the con- struction or renovation of a building. Said signs shall be located on the site of construction, shall not exceed thirty-two (32) square feet in area and shall be removed within fourteen (14) days of the beginning of the intended use of the project. (2) Real estate firm or owner erected signs advertising the sale, rental or lease of the premises or part of the premises on which the signs are displayed, up to a total area of thirty-two (32) square feet. Such signs shall be at least ten (10) feet from a property line:and shall be removed within fourteen (14) days of the sale, rental or lease. (3) Open house directional signs for the purpose of directing the public to "Open House" events providing for sale, rental or lease of premises other than upon which the sign is located, provided said signs shall be erected only during daylight house and shall be removed the same day they are erected. Said 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 (8) square feet. (4) 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 thirty-two (32) square feet and may be displayed for thirty (30) days before and ten (10) days after the election for which they are used. The provisions of this subsection are not intended to apply to outdoor advertising signs. (5) Signs identifying or advertising a non-profit civic, charitable or benevolent event. Said signs shall be removed within seven (7) days after the event. VOL 37PACE 808 (6) Street banners advertising a public entertainment or event. Such banners and their location shall be approved by the Board of County Commissioners. Street banners may be displayed during and for fourteen (14) days before and seven (7) days after an event. (7) 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 pre- mises, shall not exceed sixteen (16) square feet and shall be removed within seven (7) days of the termination of sale activities. (8) Land development project signs pertaining to the sale, lease, rent or development of a subdivision, office complex, shopping center, industrial park or similar parcel are allowed for a period of one (1) year upon issuance of a permit by the Planning Director. Size of signs shall be controlled by the following schedule: PROJECT SIZE TOTAL # OF SIGNS MAXIMUM AREA PER SIGN 4 acres of less 1 32 sq, ft. over 4 acres 1 96 sq. ft. 1.130 PROHIBITED SIGNS. No sign shall be constructed, erected or maintained which: (1) Uses pennants, streamers, valances, propellers or similar wind activated or attention attracting devices. :These de -vices when not part of any sign, but on the premises where a sign is utilized, are similarly prohibited unless they are permitted specifically by other legislation. (2) Advertises an activity, business, product or service which are no longer provided, sold, manufactured or distributed on or from the premises or facilities on which the sign is located. (3) 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 in- formation such as time, date, temperature, weather or similar information. (4) Extends or is erected (such as a roof sign) above the roof line of the building to which it is attached. (5) The Planning Director determines violates ORS 483.138, whi-ch applies to signs creating confusion with, or interfering with the effectiveness of traffic signs or signals. (6) Is placed on, affixed to or painted on a motor vehicle, vehicle or trailer and placed on public or private property for the primary purpose of providing a sign not otherwise permitted by this ordinance. (7) 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. Wn VOL 37PaGE 809 (8) Is placed on, painted on or affixed to any utility pole, tree or rock. (9) Benches with advertising thereon. (10) Is a projecting sign as defined in this ordinance. (11) Is not otherwise in conformance with the provisions of this ordinance. SIGNS PERMITTED BY ZONES 1.140 SIGNS PERMITTED IN RESOURCE ZONES. This section shall apply to all signs in the following zones: Zones designated for "Exclusive Farm Use" (EFU), "Multiple Use Agriculture" (MUA), "Forest Use" (F), "Open Space and Conservation" (OS&C), "Research and Development" (R&D), "Rural Industrial" (R -I), "Flood Plain" (FP), "Surface Mining" (SM), and "Surface Mining Reserve" (SMR). within the Deschutes County Zoning Ordinance of 1979 (Ordinance No. PL -15); zones designated "Urban Area Reserve" (UAR) and "Surface Mining" (SM) within the Zoning Ordinance of the Bend Urban Area of Deschutes County (Ordinance o.- an zones designated "Park Reserve -Open Space" (P-R)within the Redmond Urban Area Zoning Ordinance of 1980 (Ordinance No. 80-201 7 - No signs shall be permitted in these zones except as provided in this section. (1) Sign Area. One (1) sign shall be permitted, not to ex- ceed thirty-two (32) square feet in area and ten (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 (3) acres . For a use within a platted subdivision in which the average lot size is less than three (3) acres, one sign shall be permitted not to exceed three (3) square feet in area, four (4) feet in height and shall not be illuminated. (2) Context. Signs in these zones shall be identity signs only, containing information directly pertaining to the permitted use. (3), Location. Signs shall be erected no closer than five (5) feet from a street right-of-way, shall be a minimum of twenty-five (25) feet from an adjacent lot and shall be placed on the property upon which the use is located. (4) Illumination. No sign permitted in this section shall be illuminated except that any illuminated sign existing on the date of this ordinance may continue to be illuminated. (5) Exempt and temporary signs. Exempt and temporary signs as provided in Section 1.110 and 1.120. vat J ( PAGE Bin -10 - 1.150 SIGNS PERMITTED IN RESIDENTIAL ZONES. This section shall apply to all signs in the following zones: Zones designated "Rural Residential" (RR) and "Rural Service Residential" (RSR) within the Deschutes County Zoning Ordinance of 1979 (Ordinance No. PL -15); zones designated "Suburban Low Density Residential" (SR),"Suburban High Density Residential" (RL)_ "Urban Standard Residential" (RS), "Urban Medium Density Residential" (RM) and "Urban High Density Residential" (RH), within the Zoning Ordinance of the Bend Urban Area of Deschutes County (Ordinance No. PL--11-T;— and zones designated Limited Residential (R-1), "Limited Residential - Planned" (R-2 and R-3) "General Residential" (R-4),_. and "Urban High Density Residential" (R-5) within the Redmond Urban Area Zoning Ordinance of 1980 (Ordinance No. 80 -2 -0 -1T, -No signs shall be permitted in these zones except as provided in this section. (1) Individual Dwelling Units and Home Occupations. One name plate or home occupation sign for each dwelling unit. Such signs shall not exceed three (3) square feet in area and shall be a flat wall sign. (2) Multiple Family Dwellings. For multiple family dwellings, one (1) sign not to exceed thirty-two (32) square feet in area shall be permitted per project. Such signs shall be a wall or ground mounted type. (3) Subdivisions and Mobile Home Parks. For subdivisions and mobile home parks, one (1) ground mounted sign not to exceed fifty (50) square feet in area shall be permitted. (4) Buildings other than Dwellings. A building other than a dwelling shall be permitted one (1) sign with a maximum sign area of twenty (20) square feet. Such sign shall be a wall or ground mounted type. (5) Medical and Dental Clinic. A medical or dental clinic in a residential zone may have one (1) sign not to exceed seventy-five (75) square feet in area and may have a building directory sign provided the area of such sign does not exceed one (1) square foot per occupant of the building. (6) Illumination. No sign in a residential zone shall be illuminated, except that any illuminated sign existing on the date of this ordinance may continue to be illuminated. (7) Location. Signs shall be no closer than five (5) feet from a street right-of-way and shall be placed on the property upon which the use is located. (8) Exempt and Temporary Signs. Exempt and temporary signs as provided in 1.110 and 1.120. 1.160 SIGNS PERMITTED IN RESTRICTED COMMERCIAL ZONES. This section shall aplly to all signs in the following zones: "Neigh- borhood Commercial" (CN) within the Zoning Ordinance of the Bend Urban Area of Deschutes County (Ordinance No, PL-11);and the Special - Service Commercial" (C-3) zone within the Redmond Urban Area Zoning Ordinance of 1980 (Ordinance No. 80-201). No signs _11- VOL 37PAGE SJI shall be permitted in these zones except as provided in this section. (1) Wall sign. A business may have a sign area not to exceed th_i rty-two ( 32 ) . square feet or two (2) percent of the total. square footage of the front building fascia, whichever is greater. (2) Free-standing signs. No free-standing signs shall be permitted in these zones. (3) Ground mounted sign. In addition to the allowable sign area provided in 1.160(1), one (1) ground mounted sign with a maximum area thirty-two (32) square feet shall be permitted for each building. (4) Residential use.- Signs for residential use within these zones shall be subject to the provisions of 1.150. (5) Exempt and temporary signs. Exempt and temporary signs shall be permitted as provided in 1.110 and 1.120, 1.170 SIGNS PERMITTED IN GENERAL COMMERCIAL ZONES. This section shall apply to all signs in the following zones: Zones designated "Limited Commercial" (CL), "Convenience Commercial" (CC), "General Commercial" (CG) and "Highway Commercial" (CH) within the Zoning Ordinance of the Bend Urban Area of Deschutes County (Ordinance No. PL -11); and zones designated "Strip Service Commercial" (C-1) "Central Business District Commercial" (C-4) and "Tourist Commercial" (C-5) within the Redmond Urban Area Zoning Ordinance of 1980 (Ordinance No. 80-201). No signs shall be permitted in these zones except as provided in this section. (1) Signs for businesses not in a shopping center or business complex shall be subject to the following requirements: (a) Wall Signs. The maximum sign area permitted on a building shall not exceed six (6) percent of the area of the front building facade if said facade is located within 250 feet of the street right-of-way. The permitted area may be increased by forty (40) percent provided no free-standing signs are utilized on the property. The maximum sign area permitted shall not exceed ten (10) percent of the area of the front building facade if said 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 twenty-five (25) percent of the total sign area permitted under 1.170 (la) and shall be located on that building facade which faces the second street. -12 - VOL 37PAGE 812 (c) Free-standing and ground mounted signs, In addition to the requirements of 1.170 (la), one (1) free-standing or ground mounted sign shall be permitted per lot subject to the requirements of 1,210 and 1,220 respectively, (d) Directional Signs, On premise 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 (4) square feet in area and four (4) feet in height, (e) Motor vehicle service or drive -up window signs. For a motor vehicle service or drive -up window, sign area shall be limited to one (1) ground mounted sign not to exceed twelve (12) square feet. (f) Building directory signs. Building directory signs not to exceed three (3) square feet per occupant. (g) Alley sign. An alley sign limited to a wall sign of six (6) square feet in area used to identify a business. Such sign shall be located at the service entrance of the business and shall not be located on the same fascia as any other sign. (h) Exempt and temporary signs. Exempt and temporary signs as provided in 1.110 and 1.120. (2) Signs for shopping center complexes. Signs permitted in this section shall be the only signs permitted in a shopping center complex. (a) Wall signs. The maximum area permitted for a business having a public entrance on a street or parking area shall not exceed six (6) percent of the area of that portion of the front building facade which adjoins the floor area of the business, provided said 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 ten (10) percent of the area as specified above, provided said building facade is located 250 or more feet from the street right-of-way. In either case, the permitted sign area shall not exceed a maximum of 500 square feet. (b) Secondary signs. A business may have a secondary wall sign where the business has a public entrance on a second street or parking area. The additional area for a secondary sign shall not exceed twenty-five (25) percent of the sign area permitted under 1.170 (2a) and shall be located on that building facade where the secondary public entrance is provided. (c) Free-standing and ground mounted signs. In addition to the requirements of 1.170 (2a), one (1) free-standing or ground mounted sign shall be permitted for each street frontage providing direct vehicular access into the complex. -13- VOL 37PAGE 813 Such sign shall identify the name of the shopping center com- plex and shall not identify specific businesses within the center. Said signs shall be subject to the requirements of 1.210 and 1.220 respectively. (d) Directional signs. On premise directional signs not to exceed four (4) square feet in area and four (4) 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 sign. Fora motor vehicle service entrance or a drive -up window, limited to one (1) ground mounted sign not to exceed twelve (12) square feet in area. (f) Building directory signs. A building directory sign limited to three (3) square feet per occupant. (g) Alley sign. An alley sign limited to six (6) square feet used to identify the business. Such sign shall be located at theservice 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 provided in 1.110 and 1.120. (3) Signs for a business complex. Signs permitted in this section shall be the only signs permitted in a business complex. (a) A business complex may have one (1) ground mounted sign for each street frontage which provides direct vehicular access into the complex. Such sign shall be used to identify the name of the complex. In lieu of a ground mounted sign, the business complex may have a wall sign not to exceed forty (40) square feet for each street frontage which provides direct vehicular access into the complex. (b) 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 (1) sign with a maximum sign area not to exceed 10% of the area of the facade of the individual business which faces said street or parking area. (c) A building directory sign limited to three (3) square feet per occupant. (d) Exempt and temporary signs. Exempt and temporary signs as provided in 1.110 and 1.120. (4) Signs for residential and institutional uses shall be subject to the requirements of Section 1.150. ,14 - VOL 37PAGE 814 1.180 SIGNS PERMITTED IN THE RURAL SERVICE CENTER ZONE. This section shall apply to all signs with the "Rural Service Center" (RSC) zones as identified within the Deschutes County Zoning Ordinance of 1979 (Ordinance No. PL -15). No sign shall be permitted in .this zone except as provided in this section. (1) Sign Area. The maximum permitted sign area for retail or service establishments in the RSC zone shall not exceed the following: (a) For those businesses with a street frontage pro- viding vehicular access to a roadway designated as an arterial on the Roadway Network Plan, Deschutes County, Oregon, the requirements of Section 1.170 shall apply. (b) For those businesses without direct vehicular access to a roadway designated as an arterial on the Roadway Network Plan, Deschutes County, Oregon, the requirements of Section 1.160 shall apply. (2) All signs for agricultural and residential uses within the Rural - Service Center zone shall be subject to the require- ments of 1.140 and 1.150 respectively, 1.190 SIGNS PERMITTED IN INDUSTRIAL ZONES. This section shall apply to all signs in the following zones; Zones designated "Industrial Park (IP), "Light Industrial" (IL) and "General Industrial" (IG) within the Zoning Ordinance of the Bend Urban Area of Deschutes County rdinance No. PL -11); and zones designated "Light Industrial" (M-1), and "Heavy Industrial" (M-2) within the Redmond Urban Area Zoning Ordinance of 1980 (Ordinance No. 80-201 . No signs shall be permitted in these zones except as provided in this section, (1) Wall sign. For each permitted or conditional use is an industrial zone, the maximum permitted sign area on a building shall not exceed five (5) percent of the area of the front building facade, provided however, such sign does not exceed a maximum area of 500 square feet. Said signing shall only be located on that facade which faces the street where access is obtained. (2) Ground mounted signs. In addition to the provisions of 1.190 (1), one (1) ground mounted sign shall be permitted for each street frontage which provides direct vehicular access into the site, subject to the requirements of 1.220. (3) Free-standing sign. In lieu of a ground mounted sign as permitted in subsection (2) above, an industrial building may have one (1) free-standing sign not to exceed fifty (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 free-standing sign shall not exceed twenty (20) feet. (4) Directory sign. A building directory sgin limited to three (3) square feet per occupant. -15 - yob c77PAGE 815 (5) Exempt and temporary signs.as provided in 1.110 and 1.120. (6) Content. Signs permitted in this zone shall be identity signs only. 1.195 SIGNS PERMITTED IN THE AIRPORT DEVELOPMENT ZONE. This section shall apply to all signs within the "Airport Development" (A -D) zone as identified within the Deschutes County Zoning Ordinance of 1979 (Ordinance No. PL -15). No signs shall be permitted in this zone except as set forth in this section. (1) For signs identifying uses within the A -D zone. the requirements of 1.160 shall apply. SIGN REGULATION BY CLASS OF SIGNS 1.200 WALL SIGNS. Unless otherwise specified in this ordinance, the following criteria shall be applicable for attached wall signs. (1) Wall signs shall not project more than eighteen (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 twelve (12) feet. (2) Wall signs shall not project above the eave line, roof line or top of a parapet wall. (3) Wall signs attached to the end of the face of a marquee shall not exceed a height of thirty (30) inches. The lower edge of such sign shall not extend below the marquee. (4) A wall sign shall not project beyond the ends of the wall to which it is attached. (5) Except as provided elsewhere in this ordinance, wall signs shall not be located on a building fascia which faces a street frontage that does not provide direct vehicular access to the building the sign identifies. (6) Wall signs shall be located on that building fascia which is used for determining sign area. 1.210 FREE-STANDING SIGNS. Unless otherwise specified in this ordinance, the following criteria shall be applicable for all free- standing signs. (1) Free-standing signs may be sixteen (16) feet in height plus one (1) additional foot for each twenty (20) feet of street frontage over 100 feet which abut the project not to exceed a maximum height of twenty-four (24) feet. Such signs may contain one (1) square foot of sign area for each one (1) lineal foot of street frontage which abuts the project for the first 100 feet, plus one-half (2) square foot of sign area for each two (2) lineal feet of street frontage which abut the project over 100 feet, not to exceed a maximum area of 150 square feet. VQL 37PAGE 816 -16- (2) Free-standing signs shall not be located in a side yard common to another lot or within a rear yard,. A free-standing sign may extend to the street right-of-way within a front yard subject to a minimum clearance of eight (8) feet. In the case of a double frontage lot, a free-standing sign shall be located only on that frontage which provides direct vehicular access to the site. (3) No free-standing sign shall project or extend into any clear vision area. One or two sign poles supporting a free-standing 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 com- bined total width of twelve (12) inches and provided no other portion of the sign is located within the clear vision area beneath eight (8) feet in height. 1.220 GROUND MOUNTED SIGNS. The following criteria shall be applicable for a ground mounted sign. (1) A ground mounted sign shall not be located within ten (10) feet of any other sign or side lot line, within five (5) feet of any street right-of-way or within any clear vision area. (2) No more than one (1) ground mounted sign shall be permitted for each individual structure. Unless otherwide specified in this ordinance, ground mounted signs shall have maximum overall dimensions and area not exceeding any of the following: (a) A maximum height of ten (10) feet. (b) Fifty (50) square feet of area, (c) A maximum width of sixteen (16) feet. 1.230 OUTDOOR ADVERTISING SIGNS. The following criteria shall be applicable for all outdoor advertising signs. (1) Outdoor advertising signs shall only be permitted in the following locations: (a) On property zoned commercial or industrial which adjoin roadways designated as arterials within the urban growth boundaries of Bend and Redmond. (b) On property zoned commercial which adjoins roadways designated as arterials within the Lapine Rural Service Center area. (2) All such signs shall be spaced a minimum of 500 feet apart. (a) Outdoor advertising signs in existence on the date of adoption of this ordinance shall not be considered as non - forming signs and are not subject to the provisions of Section 1.260. (3) No outdoor advertising signs shall exceed a maximum height of thirty (30) feet. -17^ VOL 37PAGE 817 (4) The face size of any outdoor advertising sign shall not exceed twelve (12) feet in vertical height or twenty-four (24) feet in horizontal length. (5) All outdoor advertising signs shall be installed outside of the highway right-of-way. (6) All structural supports for outdoor advertising signs shall be constructed of steel, (7) Evidence must be provided showing the obtaining of a state permit in compliance with the Oregon Motorist's Information Act of 1971, where applicable. 1.240 AWNINGS AND CANOPY SIGNS. The following shall be applicable for signs on awnings and canopies. (1) No advertising shall be placed on any awning or canopy, ex- cept the name of the owner, business or industry conducted within the premises. (2) The area of a sign on an awning or canopy shall be deducted from the wall sign area permitted within the respective zone in which the building is located. (3) Posts of columns beyond the building line will not be per- mitted for awnings. (4) Lettering shall be painted or otherwise permanently placed in a space not exceeding sixteen (16) inches in height on the front and sides of the awning. 1.250 MARQUEE SIGNS. The following criteria shall be applicable for signs under marquees. (1) Signs may be located under a marquee if a vertical clearance of seven (7) feet is maintained between the bottom of the sign and the grade below. (2) Vertical height of signs shall not exceed eighteen (18) inches and shall not exceed a sign area of eight (8) square feet. NON -CONFORMING SIGNS 1.260 NON -CONFORMING SIGNS. Except as provided within this section, signs in existence on the date of enactment of this ordinance which are not in conformance with the provisions of this ordinance shall be regarded as non -conforming signs and must be removed, altered or replaced so as to conform within five (5) years of the date of this ordinance. Signs in violation of any prior code or requirement must conform immediately. 1.270 SPECIAL REQUIREMENTS FOR NON -CONFORMING SIGNS. A non -conforming sign which is structurally altered, relocated or replaced shall immediately conform to the requirements of this ordinance voL 37PACE 818 except that: (1) A sign may be removed from its sign structure for the purpose of repair, maintenance or a change of copy within the dimensions of the existing sign. (2) Signs may be structurally altered where such alteration is necessary for the public safety. (3) 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 (1) year. (4) Such signs may be reconstructed if they are damaged by an Act of God or an accident, provided such damage does not exceed 50% of the cost of reconstruction of the entire sign, and provided that such sign is reconstructed within ninety (90) days of the date the sign is damaged. 1.280 COMPLIANCE. A change in use or occupation of a site shall require full compliance with the provisions of this ordinance. 1.290 REMOVAL OF ILLEGAL SIGNS. The Planning Director may order the removal of any sign erected or maintained in violation of the provisions of this section or other applicable provisions of this ordinance. Except as provided in Section 1.310, the Planning Director shall give thirty (30) days prior written notice to the owner of the sign or the owner of the building, structure or pre- mises upon which the sign is located to remove the sign or bring it in compliance with the provisions of this ordinance. If the owner of the sign, building, structure or premises upon which the sign is located has been notified pursuant to this section and fails to comply or remove the sign, the Planning Director may order the removal of such sign at the expense of the owner of the sign, building, structure or premises on which the sign is located and such costs and expenses including, but not limited to, the notification, efforts to secure compliance, sign removal, storage and transportation, may be a lien against the land or premises on which the sign is located and may collected or foreclosed in the same manner as liens are entered in the lien docket of the County. 1.300 ABANDONED SIGNS. (1) A sign shall be removed within thirty .(30) days by the owner or leasee of the premises upon which the sign is located when the advertised business is no longer conducted on the premises. Abondoned signs may be removed and costs may be collected as provided in 1.290. (a) Outdoor advertising signs where a person has merely leased a contracted advertising space need not be moved in accordinance with this section. 1.310 REMOVAL OF UNSAFE SIGNS. If the Planning Director determines that the supports, braces, grip anchors, etc, are not kept in good repair or safe condition, or if the sign presents an immediate and serious danger to the public, he may, without prior written notice, order its immediate removal or repair within a -19- vu 37PAGF 819 period of time he may specify, The Director may authorize the re- moval of such signs in the event that the person responsible for such sign cannot be found,or after notification, such person fails to repair or remove it, The owner of the sign and the owner of the building, structure or premises upon which the sign is located are jointly and severably liable for its removal or repair as provided in 1.290. INSPECTION AND ENFORCEMENT 1.320 INSPECTION. The Planning Director and Building Official may inspect signs periodically to determine their conformance with this ordinance. 1.330 ENFORCEMENT, The Planning Director is hereby authorized and directed to enforce the provisions of this ordinance. (1) The Planning Director shall store any sign removed by him for a period of thirty (30) days from the time the person responsible for such action is notified as provided in this chapter,_ At the expiration of the specified time, if the person responsible for the sign has not reclaimed the sign as provided in subsection (2) of this section,.the Planning Director may destroy the sign or dispose of it in any manner he deems appropriate. (2) To reclaim a sign removed by the Planning Director, the person shall pay to the County as directed, an amount equal to the entire costs incurred by the Director as provided in 1.290, MAINTENANCE, CONSTRUCTION AND SAFETY STANDARDS 1.340 MAINTENANCE. All signs together with all of their supports, braces, guys and anchors shall be kept in good repair and be maintained in a safe condition. All signs and the site on which they are located shall be maintained in a neat, clean, and attractive condition. Signs shall be kept free from 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, 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 or 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, 1.350 WIND LOADS. Signs shall be designed and constructed to withstand wind loads as set forth in the Uniform Building Code, 1.352 DESIGN. (1) All bracing system shall be designed and constructed to transfer lateral forces to the foundations, For signs on buildings, the dead and lateral loads shall be transmitted through the structural frame of the building to the ground in such a manner as not to overstress any of the elements thereof, -20- VOL c i ,f PAGE 820 (2) The overturning moment produced from lateral forces shall in no case exceed two-thirds of the dead -load resisting moment. Up- lift 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. 1.360 SEISMIC LOADS, Signs shall be designed and constructed to resist seismic forces as specified in Chapter 23 of the Uniform Building Code. 1.370 COMBINED LOADS. (1) Wind and seismic loads need not be combined in the design of signs and only that load producing the larger stresses need be used, (2) Vertical design loads, except roof live loads, shall be assumed to be acting simultaneously with the wind or seismic loads. 1.372 ALLOWABLE STRESSES, (1) The design of wood, concrete, steel or aluminum members;)shall conform to the requirements of Chapters 25,26, 27 and 28 of the Building Code, Loads, both vertical and horizontal, exerted on the soil shall not produce stresses exceeding those specified in Chapter 29 of the Building Code. (2) The working stresses of wire rope and its fastenings shall not exceed 25 percent of the ultimate strength of the rope or fasteners. 1.380 ANCHORAGE AND SUPPORTS. (1) Members supporting unbraced signs shall be so proportioned that the bearing loads imposed on the soil in either direction, hori- zontal or vertical, shall not exceed safe values, Braced ground signs shall be anchored to resist the specified wind or seismic load acting in any direction. Anchors and supports shall be designed for safe bearing loads on the soil and for an effective resistance to pull-out amounting to a force of 25 percent greater than the required resistance to overturning, Anchors and supports shall penetrate to a depth below ground greater than the frost line. (2) Signs attached to masonry, concrete or steel shall be safely and securely fastened thereto by means of metal anchors, bolts or approved expansion screws of sufficient size and anchorage to support safely the loads applied. (3) Unless such wall is designed in accordance with the requirements specified in Chapter 23 of the Uniform Building Code, no anchor or support of any sign or wall facade for signs shall be connected to, or supported by an unbraced parapet wall. (4) No wooden blocks or plugs or anchors with wood used in connection with screws or nails shall be considered proper anchorage, except in the case of signs attached to wood framing. -21, VOL 37PAGE 821 1.390 CLEARANCE FROM HIGH VOLTAGE POWER LINES, Signs shall be located not less than eight T8T feet horizontally and twelve (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. The term "overhead conductors" as used in this section means any electrical conductor, either bare or insulated, installed above the ground except such conductors as are enclosed in iron pipe or other material covering of equal strength. 1.400 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 (5) 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, 1.410 ELECTRIC SIGN CONSTRUCTION. (1) The enclosed shell of electric signs shall be weather tight, excepting that service holes fitted with tight covers shall be provided for each compart- ment of such sign, (2) All electrical equipment used in connection with such signs shall be installed in accordance with the Uniform Electric Code, with Oregon amendments. (3) Every electric sign shall have 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. PERMITTED MATERIALS 1.420 PERMITTED MATERIALS, (1) Materials for construction of signs and sign structures shall be the quality and grade as specified for buildings in the Uniform Building Code, (2) In all sign and sign structures, the material and detail of construction shall, in the absence of specified requirements, conform to the following: (a) Structural steel shall be of such quality as to con- form with the Uniform Building Code Standard. Secondary members in contact with or directly supporting the display sur- face may be forged of light gauge steel, provided such members are designed in accordance with the specifications of the design of light gauge steel as specified in the Uniform Building Code Standard and in addition shall be galvanized. Secondary members, when formed integrally with the display surface, shall not be less than No. 24 thickness, When not formed integrally with the display surface, the minimum thickness of the secondary members shall be No, 12 gauge. Minimum thickness of hotrolled steel members furnishing structural support for signs shall be one- fourth (4) inch except thdt if galvanized, such members shall -22- v4L 37PAGE 822 not be less than one eighth (1/8) inch thick. Steel pipes shall be of such quality as to conform with the Uniform Building Code Standard. Steel members may be connected with one (1) galvanized bolt provided the connection is adequate to transfer the stresses in the members, (b) Wood anchors and supports when embedded in the soil, shall be pressure -treated with an approved preservatives Such members shall be marked and branded by an approved agency re- cognized by the Uniform Building Code.. (c) Non-structural trims, signs under marquees and portable display surfaces may be of wood, metal, approved plastics, or any combination thereof. (d) Display surface may of any approved material ex- cept glass. Glass may be used in any neon tubing and incan- descent lamp and tube. (e) 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, (f) No combustible material other than approved plastics shall be used in the construction of any electric sign, (g) Wood may be used in signs subject to the requirements of the County's Building and Fire Codes, (h) Wood signs shall be supported by a minimum 4 x 4 inch nominal post. 1.430 ILLUMINATION, Limit on sign illumination. No sign shall be erected or maintained which, by use of lights or illumin- ation creates an unduly distracting and hazardous condition to a motorist, pedestrian or the general public. In addition; (1) No exposed reflective type bulb, or incandescent lamp, which exceeds 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. (2) When neon tubing is employed on the exterior or interior of a sign, the capacity of such tubing shall not exceed 300 millamperes rating for white tubing nor 100 millamperes rating for any colored tubing. (3) When fluorescent tubes are used for the internal illumination of a sign, illumination shall not exceed illumination equivalent to 800 millamperes rating tubing behind a plexiglass faced spaced at least nine (9) inches, center to center. VOL ,23 - 37WE 82.3 (4) No sign may be internally illuminated if the wall of the building on which the sign is displayed directly abuts a residential zone, (5) No colored lights shall be used at any location or in any manner so as to be confused with or construed as traffic control devi ces (6) No sign may be erected or maintained if it contains, in- cludes 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, VARIANCE 1.440 VARIANCE APPLICATION, An applicant for a sign permit may seek a variance to the provisions of this ordinance, Variance requests for sign location or for sign height or area which are within twenty (20) percent of the applicable permitted height or area requirements specified within this ordinance may be determined by the Planning Director. The decision of the Planning Director may be appealed to the Hearings Officer. Requests for variances which exceed twenty (20) percent of the applicable permitted height or area requirements specified within this ordinance and other deviations from this ordinance shall be determined by the Hearings Officer as provided in Ordinance PL -9, A variance may be granted upon a finding by the appropriate review body that all of the following criteria can be satisfied: (1) The request will not be contrary to the public interest or the intent and purpose of this article and particularly the zone involved. (2) The request 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. (3) The variance will relate only to property that is under control of the applicant. (4) Circumstances or conditions for which the variance is requested shall not have resulted from any act of the applicant or his predecessors or agents subsequent to the adoption of the particular zoning regulations from which relief is sought; and thereby be used as justification of issuance of a variance. (5) The request will be the minimum variance necessary to alleviate the hardships or practical difficulties, (6) There are exceptional or extraordinary circumstances or physical conditions such as narrowness , shallowness, shape or topography of the property that do not generally apply to other properties or uses in the same zoning district, 24, VOL 37PACE 824 (7) Such variation is necessary for the preservation of a subr stantial 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 the ordinance is clearly outweighed by benefits to th-e neighborhood or to the,public safety, convenience or general welfare, in determining a variance, the Planning Director or the Hearings Officer may attach such conditions to granting all or a portion of any variance as necessary to achieve the purposes of this ordinance, SPECIAL PROVISIONS 1.450 SEVERABILITY, If any part, section, subsection, sentence or phrase of this ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent Jursidiction, such decision shall not affect the validity of the remaining portions of this ordinance, 1.460 PENALTIES, Any person who violates any of the pro- visions of this ordinance upon conviction thereof, shall be punished by a fine of not more than $500,00, 1,470 INTERPRETATION, Where conditions imposed by the pro- visions of this ordinance are less restrictive than comparable conditions imposed by any other provisions which are more restrictive, the more restrictive shall govern, 1.480 VIOLATION DECLARED A NUISANCE, The location, erection, construction, maintenance, repair, alteration or use of a sign in violation of this ordinance is declared a nuisance,