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HomeMy WebLinkAbout90-01191-001^0 BEFORE THE BOARD OF COUNTY COMMISSIONERS OF An Ordinance Adopting Chapter 10.05, Right-of-way Signs, Deschutes County Code, Establishing Standards and Procedures for Signs to be Installed and Maintained Within Public Rights -of - Way Which Fall Under the Jurisdiction of the Board of County Commissioners, and Declaring an Emergency. ORDINANCE NO. 90-011 DESCHUTES COUNTY, OREGON �M .....t�itLe'Y,L4J Arl THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON, ORDAINS as follows: Section 1. Chapter 10.05, Right -of -Way Signs, Deschutes County Code is adopted as follows: 10.05.010 Introduction. This ordinance is enacted to establish standards and proce- dures for signs to be installed and maintained within public rights-of-way which fall under the jurisdiction of the Board of County Commissioners, and which are necessary to meet the needs of the motorist in locating public recreational facilities and services open to the general public. This ordinance shall be known as the Deschutes County Road Right -of -Way Sign Ordinance. 10.05.020 Definitions. The following definitions apply to this ordinance: A. Administrator. The Public Works Director or his desig- nee for Deschutes County, Oregon. B. Applicant. A person or entity applying for a permit to place signs, logos or sign panels or supplemental sign panels within the right-of-way. C. Business Sign (Logo). A separately attached sign mounted on the sign panel to show the brand, symbol, trademark or name, or combination thereof, of services available. D. Directional Information. The name of the business, service or activity, qualified historical feature or qualified cultural feature and other necessary information to direct the motoring public to the business, service or activity, placed on a tourist -oriented directional sign. E. Directional Sign. A sign identifying and containing directional information to one or more public services, to 1 - ORDINANCE NO. 90-011 (12/20/90) 105 1838 natural phenomena or historic, cultural, scientific, educational or religious sites or facilities, or to recreational facilities open to the general public, including marinas, boat ramps, camping facilities and day recreation facilities. F. Erect or Construct. To construct, build, assemble, place, affix, attach, create, paint, draw or in any way bring into being or establish. G. Maintain. Maintain includes painting or routine repairs necessary to maintain the sign in a neat, clean, attrac- tive and safe condition, and the term includes allowing to exist. H. Qualified Motorist Business. A business furnishing gas, food, lodging or camping which has met the requirements of these regulations for the placement of a logo on a sign panel or supplemental sign panel. I. Reconstruction. Replacing a sign totally or partially to increase its size or performing any work, except maintenance work, that alters or changes a sign. J. Responsible Operator or Owner. The owner in fee simple or a person or entity who operates a motorist business and who has authority to enter into an agreement relative to matters covered by this ordinance. K Sign Panel. Sign panel includes "motorist informa- tional signs," "specific informational panel, " and "logo signs." L. Tourist -Oriented Directional Sign. A sign panel with the name of a qualified tourist -oriented business, service or activity, or qualified historical feature or qualified cultural feature together with directional information erected in advance of or at an intersection. M. Trailblazer. A small sign panel with the type of motorist service offered and the name, direction and distance to the qualified motorist business. N. MUTCD means the Manual on Uniform Traffic Control Devices. 10.05.030 Prohibited Uses. A sign or sign panel may not be erected or maintained if it: A. Interferes with, imitates or resembles any official traffic control sign, signal or device, or attempts or appears to attempt to direct the movement of traffic. 2 - ORDINANCE NO. 90-011 (12/20/90) 105 1839 B. Prevents the driver of a motor vehicle from having a clear and unobstructed view of official traffic control signs and approaching or merging traffic. C. Contains, includes or is illuminated by any flashing, intermittent, revolving, rotating or moving lights, or moves or has any animated or moving parts. D. Has any lighting, unless such lighting is so effec- tively shielded as to prevent beams or rays of light from being directed at any portion of the main traveled way of a road, or is of such low intensity as not to cause glare or to impair the vision of the driver or otherwise to interfere with the operation thereof. E. Is located upon a tree or painted or drawn upon a rock or other natural feature. F. Advertises or calls attention to an activity or attrac- tion no longer carried on. G. Advertises activities that are illegal under any state, federal or local law applicable at the location of the sign or of the activities. H. Is not maintained in a neat, clean and attractive condition and in good repair as determined by the public works director or his designee. I. Is not able to withstand a wind pressure of 20 pounds per square foot of exposed surface. J. Does not meet the requirements of this ordinance or the MUTCD. 10.05.040 Exemptions. The following signs are exempted under this ordinance. A. Those traffic signs that are required for traffic control and safety included in the MUTCD. B. Those portions of sign that intrude into the public right-of-way that were granted a permit under the Deschutes County Sign Ordinance. C. Temporary activity signs that are granted a permit lasting less than ninety days which otherwise are in compliance with the terms of this ordinance, including parades, fun runs, bicycle or pedestrian contests, political signs or special public functions. 3 - ORDINANCE NO. 90-011 (12/20/90) 105 ® 1840 10.05.050 Sign types. The following types of signs are allowed under the terms of this ordinance. A. Type I - Qualified Motorist Business. Tour route signs; tourist information signs; public facility and service signs; commercial businesses offering food, gas, lodging or camping services; historic location signs; federal, state and local recreational and facility signs; and non-profit institu- tions, including churches and civic organizations. B. Type II - Qualified Tourist -Oriented Business. Any legal, cultural, historical, recreational, educational or enter- taining activity or a unique or unusual commercial or non-profit activity the major portion of whose income or visitors are derived during its normal business season from motorists not residing in the immediate area of the activity. 10.05.060 Application process. A. Application for a Type I or Type II sign shall be made in writing addressed to the Public Works Director for Deschutes County, Oregon. It may be in letter form or on a form prepared for such purpose by the department. Information contained shall include the following: the name, address and telephone number of the owner or operator of the business or service for which the sign is intended; the reason for the sign; a description of the location(s) for the sign; a description of the information requested on the sign; and be accompanied by the appropriate application fee. Each business applicant shall also submit a copy of the business' land use permit. The administrator shall notify the appropriate planning director of the application and request review and comment on the application. B. Within thirty working days from the date of receipt of the request for a sign, the administrator shall respond in writing to the applicant as to the adequacy of the information received. Requests for signs that do not comply with the provi- sions of this chapter shall be denied by the Administrator. If the application is denied, the administrator shall cite the appropriate section of the ordinance or MUTCD pertinent to the application. C. Each application shall be accompanied with the appro- priate fee for processing. If the application is approved, the applicant shall make arrangements to have the Department install the sign and pay the required costs for materials, labor and travel. Payment of such costs and execution of a maintenance agreement, along with not less than two year's maintenance fees, shall be made in advance. 4 - ORDINANCE NO. 90-011 (12/20/90) 105 - 1841 D. If the application is denied, the applicant may appeal the decision as provided in Title 22 of the Deschutes County Code. 10.05.070 Composition. All signs installed under the terms of this ordinance shall be in compliance with the MUTCD. A. Sign panels shall have a blue background with a white reflectorized border for all signs, except historical, cultural and recreational which shall have a brown background. B. Logos shall have a blue background with a white legend and border. The principal legend should be at least equal in height to the directional legend on the sign panel. Where business identification symbols or trademarks are used alone for a logo, the border may be omitted, the symbol or trademark shall be reproduced in the colors and general shape consistent with customary use and any integral legend shall be in proportionate size. messages, symbols and trademarks which resemble any official traffic control device are prohibited. The vertical and horizontal spacing between logos on sign panels shall not exceed 8 inches and 12 inches respectively. C. All directional arrows and all letters and numbers used in the name of the type of service and directional legend shall be white and reflectorized. D. Each logo shall be contained within a 24 -inch wide and 18 -inch high rectangular background area, including border. E. All letters used in the name of the type of service on the sign panel shall be 4 -inch capital letters. F. Tourist -oriented directional signs shall have a blue reflectorized background with a white reflectorized border and message. The intersection sign shall not exceed 18 inches in height and 72 inches in length, and shall have not more than two lines of legend, including a separate direction arrow and the distance to the facility to the nearest one-quarter mile. The content of the legend shall be limited to the identification of the business and shall not include promotional advertising as determined by the administrator. A six-inch letter height shall oriented directional signs shall be tourist -oriented directional signs, directional arrow and mileage, the tional word information "ahead" or required. 5 - ORDINANCE NO. 90-011 (12/20/90) be used. Advance tourist - the same as intersection except that in lieu of the sign shall include the direc- "next left" etc., as may be 105 - 1842 G. All directional arrows, letters and numbers used in the name of the type of service and the directional legend shall be white and reflectorized. H. Tourist -oriented directional signs are to be located at intersections. I. Notwithstanding the fact that a tourist -oriented business meets all of the eligibility requirements of this ordinance and applicable provisions of the Deschutes County Code, an application may be denied if it is determined, after inves- tigation by the administrator, that adequate direction to the business cannot be given by a reasonable number of allowable tourist information directional signs. 10.05.080 Fees, installation and maintenance. A. All Type I and Type II signs, except city, county, state and federal directional and information signs, shall be required to reimburse the county for the actual costs of process- ing the application and the material and labor required to construct, purchase, locate, install and maintain a sign for an applicant. A fee schedule shall be adopted each budget year which sets forth the department's fees which shall apply until replaced by a new fee schedule. B. All Type I and type II signs shall be installed, maintained and removed by the county in accordance with the MUTCD and this ordinance. 10.05.090 Criteria for specific information panels. A. Each qualified motorist business identified on a sign panel shall have given written assurance to the administrator of its conformity with all applicable laws concerning the provisions of public accommodations without regard to race, religion, color, sex or national origin, and shall not be in breach of the assurance. B. The types of service permitted shall be limited to: "Gas," which shall include fuel, oil, tire repair, air and water, restroom facilities, drinking water and telephone, with con- tinuous operations for a minimum of twelve hours a day, six days a week. "Food" shall include, continuous operations for a minimum of twelve hours a day, six days a week, restroom facili- ties and telephone, with the primary business of providing meals. "Lodging" shall include, adequate sleeping accommodations, modern sanitary facilities and drinking water. "Camping" shall include, adequate parking accommodations, modern sanitary facilities and drinking water. 6 - ORDINANCE NO. 90-011 (12/20/90) 105 " 1843 C. Panels shall be in the direction of traffic. Succes- sive sign panels shall be those for "camping," "lodging," "food, and "gas," in that order. D. Riders with the words "diesel" or "LP gas" or a rider containing both may be placed on a sign panel underneath any gas logo if the qualified motorist service business has diesel or LP gas available during its hours of operation. Such rider shall be 35 inches long and 7 inches high with 6 -inch letters. The color shall be blue with white letters. The combination rider shall be 52 inches long and 7 inches high with 5 -inch high letters. E. Each qualified tourist -oriented business identified on a tourist -oriented directional sign shall have given written assurance to the administrator of its conformity with all appli- cable laws concerning the provisions of public accommodations without regard to race, religion, color, sex or national origin, and shall not be in breach of that assurance. F. Except for undeveloped cultural and historic features, a qualified tourist -oriented business shall have restroom facili- ties and drinking water available; continuous operation at least six hours per day, six days a week during its normal business season; a license where required; and adequate parking accommoda- tions. 10.05.100 Spacing of signs and panels. Spacing of sign panels and the placement of directional signs shall be in accordance with the MUTCD and in the judgment of the administrator. In any case, the number of signs, includ- ing directional signs, shall be the minimum necessary to enable a motorist to locate the tourist -oriented business or to locate the public service. 10.05.110 Violation --Penalty. A. Any person, firm or corporation erecting, constructing, reconstructing or maintaining a business sign, directional sign, tourist -oriented directional sign, trailblazer or temporary activity sign in violation of the provisions of this title constitutes a class A infraction and shall be punishable upon conviction by a fine of not more than five hundred dollars. B. Each day of a violation described in subsection A of this section constitutes a separate offense and is punishable as a continuing infraction under chapter 1.16 of this code. 10.05.120 Nuisance Declared --Removal. A. Any sign maintained in violation of this Ordinance constitutes a nuisance. 7 - ORDINANCE NO. 90-011 (12/20/90) 115 1844 B. Nothing in this chapter shall be construed to limit the authority of the County Road Official pursuant to ORS 368.945. Section 2. This Ordinance being necessary for the immediate preservation of the public peace, health and safety, an emergency is declared to exist, and this Ordinance takes effect on its passage. DATED this dZ22 day of , THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON ✓LOIS 'B "STOW PRANTE, Commissic iL TOM HRO , hair Recording Secretary D MAUDLIN, C mmissioner 8 - ORDINANCE NO. 90-011 (12/20/90)