Department of Land Conservation and Development 635 Capitol Street, Suite 150 Salem, OR 97301-2540 Theodore R. Kulongoski, Governor (503) 373-0050 Fax (503) 378-5518 www.lcd.state.or.us NOTICE OF ADOPTED AMENDMENT October 22, 2008 TO: Subscribers to Notice of Adopted Plan or Land Use Regulation Amendments FROM: Mara Ulloa, Plan Amendment Program Specialist SUBJECT- City of Keizer Plan Amendment DLCD File Number 002-08 The Department of Land Conservation and Development (DLCD) received the attached notice of adoption. Copies of the adopted plan amendment are available for review at DLCD offices in Salem, the applicable field office, and at the local government office. Appeal Procedures* DLCD ACKNOWLEDGMENT or DEADLINE TO APPEAL: November 4, 2008 This amendment was submitted to DLCD for review prior to adoption with less than the required 45- day notice. Pursuant to ORS 197.830 (2)(b) only persons who participated in the local government proceedings leading to adoption of the amendment are eligible to appeal this decision to the Land Use Board of Appeals (LUBA). If you wish to appeal, you must file a notice of intent to appeal with the Land Use Board of Appeals (LUBA) no later than 21 days from the date the decision was mailed to you by the local government. If you have questions, check with the local government to determine the appeal deadline. Copies of the notice of intent to appeal must be served upon the local government and others who received written notice of the final decision from the local government. The notice of intent to appeal must be served and filed in the form and manner prescribed by LUBA, (OAR Chapter 661, Division 10). Please call LUBA at 503-373-1265, if you have questions about appeal procedures. *NOTE: THE APPEAL DEADLINE IS BASED UPON THE DATE THE DECISION WAS MAILED BY LOCAL GOVERNMENT. A DECISION MAY HAVE BEEN MAILED TO YOU ON A DIFFERENT DATE THAN IT WAS MAILED TO DLCD. AS A RESULT YOUR APPEAL DEADLINE MAY BE EARLIER THAN THE DATE SPECIFIED ABOVE. Cc: Gloria Gardiner, DLCD Urban Planning Specialist Steve Oulman, DLCD Regional Representative Sam Litke, City of Keizer n Oregon 1 2 Notice of Adoption THIS FORM MUST BE MAILED TO DLCD OCT 1 5 2008 WITHIN 5 WORKING DAYS AFTER THE FINAL DECISION PER ORS 197.610, OAR CHAPTER 660 - DIVISION 18 AAW l^ ry-\ For DLCD Use Only Jurisdiction: Keizer Local file number: TA20Q8-10 Date of Adoption: 1Q/6/2QQ8 Date Mailed: 10/13/2008 Date original Notice of Proposed Amendment was mailed to DLCD: 5/14/2008 I I Comprehensive Plan Text Amendment O Comprehensive Plan Map Amendment ^ Land Use Regulation Amendment O Zoning Map Amendment • New Land Use Regulation • Other: Summarize the adopted amendment. Do not use technical terms. Do not write "See Attached" Text amendment to Section 2.308 (Signs) of the Keizer Development Code to include new provisions relating to electronic signs. Describe how the adopted amendment differs from the proposed amendment. If it is the same, write "SAME' If you did not give Notice for the Proposed Amendment, write "N/A". Same _ _ _ _ Plan Map Changed from, n a to: _na Zone Map Changed from: na to: _na Location: n a Acres Involved: n a Specify Density: Previous: na New: na Applicable Statewide Planning Goals: na Was and Exception Adopted? • YES M NO DLCD File No.: Did the Department of Land Conservation and Development receive a Notice of Proposed Amendment Forty-five (45) days prior to first evidentiary hearing? IEI Yes • No If no, do the statewide planning goals apply? • Yes • No If no, did Emergency Circumstances require immediate adoption? • Yes • No Affected State or Federal Agencies, Local Governments or Special Districts: none Local Contact: Sam Litke, Senior Planner Phone: (503) 856-3442 Extension;. Address: 390 Chemawa Rd. City: Keizer Zip Code + 4: 97307- Email Address: litkes@keizer.org ADOPTION SUBMITTAL REQUIREMENTS This form must be mailed to DLCD within 5 working days after the final decision perORS 197.610, OAR Chapter 660 - Division 18. 1. Send this Form and TWO (2) Copies of the Adopted Amendment to: ATTENTION: PLAN AMENDMENT SPECIALIST DEPARTMENT OF LAND CONSERVATION AND DEVELOPMENT 635 CAPITOL STREET NE, SUITE 150 SALEM, OREGON 97301-2540 2. Submit TWO (2) copies the adopted material, if copies are bounded please submit TWO (2) complete copies of documents and maps. 3. Please Note: Adopted materials must be sent to DLCD not later than FIVE (5) working days following the date of the final decision on the amendment. 4. Submittal of this Notice of Adoption must include the text of the amendment plus adopted findings and supplementary information. 5. The deadline to appeal will not be extended if you submit this notice of adoption within five working days of the final decision. Appeals to LUBA may be filed within TWENTY-ONE (21) days of the date, the Notice of Adoption is sent to DLCD. 6. In addition to sending the Notice of Adoption to DLCD, you must notify persons who participated in the local hearing and requested notice of the final decision. 7. Need More Copies? You can copy this form on to 8-1/2x11 green paper only: or call the DLCD Office at (503) 373-0050; or Fax your request to:(503) 378-5518; or Email your request to mara.ulloa@state.or.us - ATTENTION: PLAN AMENDMENT SPECIALIST. J:\pa\paa\fonns\form2word.doc revised: 7/7/2005 1 BILL NO. 560 A BILL ORDINANCE NO. 2 2008- 581 3 FOR 4 5 AN ORDINANCE 6 7 AMENDING KEIZER SIGN REGULATIONS 8 REGARDING ELECTRONIC MESSAGE SIGNS 9 (SECTION 2.308); AMENDING ORDINANCE NO. 10 98-389 (KEIZER DEVELOPMENT CODE) 11 12 The City of Keizer ordains as follows: 13 Section 1 FINDINGS. The City of Keizer makes the findings set forth in Exhibit 14 "A" attached hereto and by this reference incorporated herein. 15 Section 2. AMENDMENT OF KEIZER DEVELOPMENT CODE 16 (ORDINANCE NO. 98-389). The City of Keizer hereby adopts the amendments set forth 17 in Exhibit "B" attached hereto and by this reference incorporated herein. 18 Section 3. OFFICIAL RECORD. One copy of the amendments referenced above 19 shall be marked "Official Text" and kept on file in the office of the City Recorder. 2 0 Section 4. SEVERABILITY. If any section, subsection, sentence, clause, phrase, 21 or portion of this Ordinance is for any reason held invalid or unconstitutional by any 22 court or board of competent jurisdiction, such portion shall be deemed a separate, 2 3 distinct, and independent provision and such holding shall not affect the validity of the 2 4 remaining portions hereof. Page 1 - ORDINANCE NO. 2008- 581 Lien & Johnson Attorneys at Law 4855 River Road North Keizer, Oregon 97303 503-390-1635 INTEGRA 1 Section 5. EFFECTIVE DATE. This Ordinance shall take effect thirty (30) days 2 after its passage. 3 PASSED this 6th day of October , 2008. 4 Page 2 - ORDINANCE N O 2008- 5 8i Lien & Johnson Attorneys at Law 4855 River Road North Keizer, Oregon 97303 503-390-1635 EXHIBIT "A Findings regarding the adoption of amendments to the Keizer Development Code (Section 2.308, Sign Code) The review criteria are listed in Section 3.111 04 of the Keizer Development Code. The City of Keizer finds that: 1. General Findings. a. The City of Keizer has set strong aesthetic and traffic safety standards for the welfare of the community, while maintaining reasonable standards governing the appropriate time and place of individual property owner's fundamental right of free speech. The proposed amendments are consistent with this standard. The purpose of these amendments is to allow electronic message signs that are consistent with the City's interest in maintaining aesthetic standards and traffic safety. b. There are a number of commercial businesses within the city limits. Many are stand alone businesses on individual separate lots, while other businesses are situated within an integrated business center. All businesses are allowed to have signs provided that the signs are consistent with the city's sign code regulations. This includes wall signs, and for most businesses, a free standing sign along the street adjacent to the business. Currently, the city's sign code regulations do not adequately address electronic message signs. c. The city's last update of the sign regulations was in 2005 was to allow secondary signage for businesses situated in integrated business centers. d. The particulars of this case are found within planning file text amendment 2008-10. d. A demonstrated need exists for the product of the proposed amendment - Section 3.111.04.B. Findings: The proposed revision to the zone code reflects a demonstrated need. The City Council has recognized that from time to time the City's Development Code should be updated to avoid having the code become so out of date that it would require a massive and costly comprehensive update. The intent is to identify chapters that can be updated in a manageable format. The proposed Exhibit "A" Page 1 of 6 revision will allow for the zone code to be updated so that it is both easier to read and also eliminates identified confusions within the regulations. The proposed revision will modify Section 2.308 (Signs) and is specifically related to electronic message signs. Recent changes in sign technology have resulted in a new type of sign (electronic message signs) that are not adequately addressed in the city's development code. These signs can be of varying sizes and animated with frequent changes of text. The current code is silent on what is an appropriate time period that an electronic message can be displayed. This proposed revision would define an electronic message sign, would continue to require that this type of sign obtain a conditional use permit approval while clarifying the Conditional Use decision criteria, and specify the message change no faster than once an hour which would be a non variable standard. In addition, the text amendment allows additional mitigation measures may be required when these types of signs are adjacent to residential areas. The proposed limits on the brightness of such displays would be regulated under the provisions limiting the Nits produced by such signage. This is identical to the levels established in the proposed City of Salem code revision on this subject. This was done to accommodate a desire to keep standards uniform where possible between the two jurisdictions. Considering the advances in sign technology the city council found that it was appropriate to consider the proposed amendment and that a need was demonstrated for the proposed text amendment. This need was supported by the lack of guidance within the existing sign regulations governing electronic message signs. This included lack of clear definition as to what entailed an electronic message sign, brightness of signage, zone districts which are appropriate for this type of sign, and frequency that message may change. A clear definition of this type of sign was added. This defines Electronic Message Sign as signs that incorporate as part of, or wholly, an electronic message or display by means oflight emitting diodes, plasma, electronic ink, or other means that allow that display to be changed through electronic controls. An inclusion of limits on brightness based on Nits was included. The proposed signs may be located in an EG, P, IBP, CR,_CO, MU, CM or a CG zone. Electronic Message Signs that are proposed to be located in a P zone adjacent to residential areas shall include mitigation measures such as screening and buffering or other measures to mitigate any impacts onto adjacent properties. Further for Electronic Message Signs that are in the P zone and are proposed to be located adjacent to residential areas shall only be illuminated between the hours of 6:00 AM and 11:00 PM and may only be changed once in a 24 hour period. However, they be only free- standing and not on wall signs. Further the message may be changed no more than once every 15 minutes the council determined the amendment was appropriate. Therefore, the proposed code revision complies with this review criterion. Exhibit "A" Page 2 of 6 Electronic Message Signs are not allowed as wall signs. The City Council specifically finds that wall signs can be more distracting to motorists. In addition, the Council finds this provision will also limit the total number of Electronic Message Signs, thereby decreasing distractions and enhancing aesthetic standards. e. The proposed amendment to the Keizer Development Code complies with statewide land use goals and related administrative rules - Section 3.111.04.C. FINDINGS: The proposed text amendment complies with the statewide land use planning goals as discussed below. Goal 1 - Citizen Involvement: The adoption of this ordinance followed notice to interested parties, a public process of decision making involving a public hearing, deliberation, and ordinance adoption. Public notice was provided in the KeizerTimes. Public hearings were held before the planning commission and the city council. Citizens were afforded the opportunity to participate in the public process. This process is consistent with the provision for providing an opportunity for citizens to be involved in all phases of this planning process as required by this Goal and with implementing administrative rules within Oregon Administrative Rules. Goal 2 - Land Use Planning: This ordinance amends the Keizer Development Code. The adoption proceeding was conducted in a manner consistent with requirements of the Keizer Comprehensive Plan, Keizer Development Code, and applicable state law. Notice was published in the Keizer Times. Public hearings were conducted before both the planning commission and city council where both verbal and written testimony was provided. Therefore, the proposed revision to the zone code is consistent with this statewide planning goal and administrative rules. Goal 3 - Farm Land: The purpose of this goal is to protect lands that are designated for agricultural uses. Within the city limits there is only one zone located in the northwest portion of the city near the city's urban growth boundary that is designated to allow for commercial agricultural uses. The amendment involves regulations within the boundaries of the city limits of Keizer. The amendment does not impact any properties that are designated to allow for agricultural uses. Therefore, the proposed amendment will comply with the Farm Land Goal and with any implementing administrative rules. Goal 4 - Forest Land: The intent of this goal is to protect lands that are designated for commercial forest uses. There are no lands designated within the city limits to allow for commercial forestry. The amendment to Section 2.308 of the zone code does not involve any land which is designated as Forest land, nor will it impact the use of any forest lands. Therefore, this Goal and Exhibit "A" Page 3 of 6 implementing administrative rules are not applicable to the proposed zone code amendments. Goal 5 - Natural Resources: The intent of the Natural Resources Goal is to protect various natural resources such as wetlands, waterways, big game habitat, etc. The proposed amendment to the zone code regulations will not affect any of the city's natural resources protection regulations or the lawful use of any properties that are within this overlay zone. Therefore, the amendment to the sign code regulations will be consistent with this goal and with administrative rules designed to implement this goal. Goal 6 - Air, Water and Land Quality: The intent of this goal is to protect the city's air, water and land qualities. The revision to the city's zone code will not impact the quality of air, water, or land resources and so complies with this goal and with administrative rules that implement this goal. Goal 7 - Natural Hazards: The purpose of this goal is to protect life and property from hazards resulting from flooding, steep slopes or other natural occurrences. The city has floodplain regulations that govern the placement of structures within identified 100-year floodplains. The revision to the zone code will neither impact this goal nor any administrative rules. Goal 8 - Recreation. This goal requires the city to identify and plan for the current and future recreation needs of the residents of the city. There are a number of parks, playgrounds, and other recreational opportunities within the city limits. The proposed amendment will have no impact on the recreational activities or uses within the city. Therefore, this goal and any related rules are not applicable. Goal 9 - Economic Development: The intent of this goal is to ensure that the city plans for its overall economic vitality. The proposed amendment will allow for businesses to utilize new sign technology. Specifically the amendment will allow the use of electronic message signs. Signage is an accepted means of conveying information to potential customers. Allowance for this type of new signs may result in increased sales to businesses that choose to use these types of signs which will therefore have a positive impact on the economic development activities or uses within the city. Therefore the proposal is consistent with this goal. Goal 10 - Housing: This goal requires the city to plan and provide for the housing needs of its residents. The proposed amendment to Section 2.308 will have no impact on either this goal or on any related rules. Goal 11- Public Facilities and Services: The intent of this goal is to develop a timely, orderly and efficient arrangement of public facilities and services necessary to serve the residents of Keizer. The proposed amendment to Section Exhibit "A" Page 4 of 6 2.308 will not impact any of the city's public facilities and services, and so this goal and any rules are not applicable. Goal 12 - Transportation. The city has an adopted Transportation System Plan that describes the city's transportation systems. This system includes streets, transit, bike, and pedestrian systems. The revision to Section 2.308 will not impact any of the city's public transportation systems, and so this goal and any rules are not applicable. Goal 13 - Energy Conservation. This goal seeks to maximize the conservation of energy. The allowance for the new electronic message signs will utilize low energy consumption light sources that will use less energy than current sign light bulbs. The proposed revision will be consistent with this goal and implementing administrative rules. Goal 14 - Urbanization: The intent of this goal to provide for an orderly and efficient transition from rural to urban land use. The city has an adopted Comprehensive Plan and zone code that complies with the goal. The proposed zone code revisions will have no impact on the intent of this goal as it only will involve land that is within the city limits and not the use of land being transitioned from rural to urbanized uses. Goal 15 - Willamette River: This goal seeks to protect, conserve, maintain the natural, scenic, historical, agricultural, economic and recreational qualities of lands along the Willamette River. While the Willamette River is located along the western flanks of Keizer the proposed text amendments will not impact the Willamette River. The revisions will have no impact on the ability of the city to regulate uses along the river or the Willamette River overlay zone regulations and so this goal is not applicable. Goal 16 (Estuarine Resources), Goal 17 (Coastal Shorelands), Goal 18 (Beaches and Dunes), and Goal 19 (Ocean Resources): These goals govern areas along the ocean. Since Keizer is not located along the coast these goals are not applicable. In consideration of the above findings, the proposed zone code revision to Section 2.308 complies with all applicable statewide land use goals and with all applicable administrative rules which implement the relevant goal. f. The amendment is appropriate as measured by at least one of the following criteria - Section 3.111.04.D: a. It corrects identified error(s) in the previous plan. b. It represents a logical implementation of the plan. c. It is mandated by changes in federal, state, or local law. d. It is otherwise deemed by the council to the desirable, appropriate, and proper. Exhibit "A" Page 5 of 6 FINDINGS: The proposed amendment is not intended to correct any identified errors within the existing regulations but is rather a response to changes in sign technology. The proposed amendment to the zone code represents a logical implementation of the Keizer Comprehensive Plan. The only policy in the comprehensive plan that addresses the issue of signage is Special Land Use Policy 2 (d) (3) (f) that states that the city work with existing businesses, property owners and residents to establish a sign policy along North River Road. The proposed amendment is consistent with this policy because it should not result in a significant increase in businesses signage. The proposed amendment will not result in any increase in the number of free standing signs that a business is permitted to erect rather it would allow a property owner with an existing free standing to replace it with a newer model so there is not expected to be an overall increase in the, number of free standing signs. In addition, as a condition of approval through the conditional use process it will be a requirement that overall square footage is reduced by 25 per cent thereby allowing for a reduction in the total square footage of signage along River Road. The amendment will is intended to make a number of clarifications that will make the code easier to read. The proposed amendment is not mandated by any federal, state, or local laws. Considering the advances in sign technology the city council found that it was appropriate to consider the proposed amendment and that a need was demonstrated for the proposed text amendment. This need was supported by the lack of clear guidance within the existing sign regulations governing electronic message signs. This included lack of clear definition as to what entailed an electronic message sign, brightness of signage, zone districts which are appropriate for this type of sign, and frequency that message may change. The revisions contains a clear definition of electronic message signs, includes limits on brightness, where the electronic message signs can be placed (on free standing signs and not on wall or other type of signage), and the allowance that the messages may be changed no more than once every 15 minutes. The City Council has, by this adoption, determined that the text revisions to Section 2.308 are desirable, appropriate, and proper. As such, the proposal complies with this criterion. 8 Exhibit "A" Page 6 of 6 DRAFT REVISIONS 6-20-08 Deletions and additions in red 2 . 3 0 8 S I G N S 2.308.01 Purpose The purpose of these sign regulations is to provide equitable signage rights, reduce signage conflicts, promote traffic and pedestrian safety, and, increase the aesthetic value and economic viability of the city, all by classifying and regulating the location, size, type and number of signs and related matters, In a content-neutral manner. (5/98) 2.308.02 Definitions For the purposes of this Chapter, the following definitions shall apply: (5/98) Alteration or Altered: Any change in the size, shape, method of illumination, position, location, construction, or supporting structure of a sign. A change in sign copy or sign face alone shall not be considered an alteration. (5/98) Area: The area of a sign shall be the entire area within any type of perimeter or border which encloses the outer limits of any writing, representation, emblem, figure, or character. If the sign is enclosed in a frame or cabinet the area is based on the inner dimensions of the frame or cabinet surrounding the sign face. When a sign is on a base material and attached without a frame, such as a wood board or Plexiglas panel, the dimensions of the base material are to be used. The area of a sign having no such perimeter, border, or base material shall be computed by enclosing the entire area within a parallelogram or a triangle of the smallest size sufficient to cover the entire message of the sign and computing the area of the parallelogram or a triangle. For the purpose of computing the number of signs, all writing included within such a border shall be considered one sign, except for multi-faced signs on a single sign structure, which shall be counted as one sign per structure. The area of multi-faced signs shall be calculated by including only one-half the total area of all sign faces. (5/98) -AP» ft*. Sign Area Multi-Faced Sign Keizer Development Code - M a y 1998 (Printed 3/2006) 2.308 SIGNS 11 Awning: A shelter supported entirely from the exterior wall of a building and composed of non-rigid materials, except for the supporting framework. (5/98) Building Face: The single wall surface of a building facing a given direction. (5/98) Building Frontage, Primary: The portion of a building face most closely in alignment with an adjacent right-of- way or fronting a parking lot when so defined, as allowed in this chapter. A gasoline service station may use the overhanging canopy as a substitute for building frontage when computing the allowable sign area. The longest side of the canopy shall be used to compute the allowable sign area. (om. 2005-53311/05) Awning Sign Building Frontage and Face Building Frontage, Secondary: Buildings located on lots abutting more than one Right of Way or a parking lot may designate one building face as a secondary building frontage, (ord. 2005-53311/05) Canopy Sign: A sign hanging from a canopy or eve, at any angle relative to the adjacent wall, the lowest portion of which is at least eight (8) feet above the underlying grade. (5/98) Construct: Build, erect, attach, hang, place, suspend, paint in new or different word, affix, or otherwise bring into being. (5/98) Election Signs: Those signs which relate to an election, initiative or political viewpoint. Such signs will otherwise meet the specifications of Temporary Signs. ( 5 / 0 4 - o r d 2004-498) Canopy Sign Electronic Message Sign: Signs that incorporate as part of, or wholly, an electronic message or display by means of light emitting diodes, plasma, electronic ink, or other means that allow that display to be changed through electronic controls. Further, an electronic message sign cannot be a wall sign. Finish Ground Level: The average elevation of the ground (excluding mounds or berms, etc. located only in the immediate area of the sign) adjoining the structure or building upon which the sign is erected, or the curb height of the closest street, which ever is the lowest. (5/98) Free-Standina Sign 18 SIGNS 2.308 May 1998 - Keizer Development Code (Printed 3/2006) DRAFT REVISIONS 6-20-08 Deletions and additions in red Flashing Sign: A sign any part of which pulsates, scrolls, flutters, animates, lights intermittently, or blinks on and off._r Indirect Illumination Free-Standing Sign: A sign supported by one or more uprights, poles or braces placed in or upon the ground, or a sign supported by any structure primarily for the display and support of the sign. (5/98) Incidental Signs: A sign that is normally incidental to the allowed use of the property, but can contain any message or content. Such signs can be used for, but are not limited to, nameplate signs, warning or prohibition signs, and directional signs not otherwise allowed. (5/98) Indirect Illumination: A source of illumination directed toward such sign so that the beam of light falls upon the exterior surface of the sign. (5/98) Integrated Business Center: A group of two or more businesses which are planned or designed as a center, and share a common off-street parking area or access, whether or not the businesses, buildings or land are under common ownership. (5/98) Internal Illumination: A source of illumination from within a sign. (5/98) Joint Use Sign: When two of more businesses combine part or all of their total allowed sign area into free-standing sign for each common frontage of such business. (5/98) Nit: Nit is used as a measurement of luminance, where the Nit is equal to one candela per sguare meter (1cd/m2). A candela is a unit of measurement of the intensity of light, where one candela is the monochromatic radiation of 540THz with a radiant intensity of 1/683 watt per steradian in the same direction. By way of example, an ordinary wax candle generates approximately one candela. Small Integrated Business Center Large Integrated Business Center a^defined herein, A-sign which can change its-message Keizer Development Code - M a y 1998 (Printed 3/2006) 2.308 SIGNS 11 / T P Internal Illumination Multi-faced Sign: A sign which has two or more identical sign faces, contained in a single sign structure. (5/98) Multi-family Dwelling: A residential structure or complex of structures that include three or more separate dwelling units, whether rented or owned by the occupants. (5/98) Mural: An illustration (with or without words or numbers) which is painted or otherwise applied (without projections) to an outside wall of a structure. (5/98) Nonconforming Sign: Any sign which lawfully exists prior to the effective date of this chapter but, which due to the reguirements adopted herein, no longer complies with the height, area and placement regulations or other provisions of Joint-Use Sign these regulations. (5/98) Owner: As used in these regulations, "owner" means owner or lessee of the sign. If the owner or lessee of the sign cannot be determined, then "owner" means owner or purchaser of the land on which the sign is placed. (5/98) Portable Sign: Any sign that is not originally designed to be permanently affixed to a building, structure, or the ground. A sign originally designed, regardless of its current modification, to be moved from place to place. These signs primarily include, but are not limited to, A-frame or sandwich board signs, signs attached to wood or metal frames and designed to be self supporting and movable, and also including trailer reader boards. Portable signs are not to be considered temporary signs as defined and used in this chapter (5/98) _ Pnr+ahlo t ir ine mu HE • W \ iunl t p AUM&P Projecting Signs: A sign the face of which is not parallel to the wall on which it is mounted, (ord. 2005-533 11/2005) Real Estate Sign: A sign for the purpose of rent, lease, sale, etc. of real property, building opportunities, or building space. (5/98) Roof Line and Roof Sign Projecting Sign Roof Line: Either the eaves of the roof or the top of the parapet, at the exterior wall. (A "mansard roof is below the top of a parapet and is considered a wall for sign purposes.) 18 SIGNS 2.308 May 1998 - Keizer Development Code (Printed 3/2006) DRAFT REVISIONS 6-20-08 Deletions and additions in red Roof Sign: A sign or any portion of which is displayed above the highest point of the roof, whether or not such sign also is a wall sign. (5/98) Rotating/Revolving Sign: A sign, all or a portion of which, moves in some manner. (5/98) Sign: Any writing, including letter, word, or numeral; pictorial presentation, including mural, illustration or decoration; emblem, including device, symbol or trademark; flag, including banner or pennant; or any other device, figure or similar thing which is a structure or any part thereof, or is attached to, painted on, or in any other manner represented on a building or structure or device; and is used to announce, direct attention to, or advertise; and is visible from any public right-of-way. (5/98) Sign Face: Surface of a sign containing the message. The sign face shall be measured as set forth in the definition for "area." Sign Height: The distance from the finish ground level the top of the sign or the highest portion of the sign structure or frame, whichever is greater. (5/98) Sign Structure: The supports, uprights, braces, framework and other structural components of the sign. (5/98) Street Frontage: That portion of a property that abuts Temporary Sign a paved street right-of-way and measured by the lineal distance of the property adjacent to such right-of-way. (5/98) Temporary Business: A business of a temporary nature authorized through a Temporary Business Permit issued by the City of Keizer. (5/98) Temporary Sign. A sign not permanently affixed to a structure on a property. These signs primarily include, but are not limited to, canvas, cloth, rigid plastic or paper, vinyl banners or posters hung on a building wall or on a permanent pole such as on a free-standing sign support. Paper signs may only be used for single day events. (5/04 ord. 2004-498) »SM WW Sign Height .to flW TWvft UT rWKTMW Street Frontage Keizer Development Code -May 1998 (Printed 3/2006) 2.308 SIGNS 11 Wall Sign: A sign attached to, erected against or painted on a wall of a building or structure, with the exposed face of the sign in a plane approximately parallel to the face of said wall. A sign painted on an awning in which the face of the sign is approximately parallel to the wall shall also be considered a wall sign. (5/98) 2.308.03 Review Procedures A. Permit Required. Except as specifically excluded herein, no property owner, lessee or contractor shall construct or alter any sign without first obtaining a valid permit to do so. (5/98) B. Current Signs. Owners of conforming or nonconforming signs existing as of December 4, 1989 are not required to obtain a permit until the end of the abatement period described in Section 2.308.04.C.(5/98) C. Permit Fees. Permit fees shall be established from time to time by City Council resolution. (5/98) D. Application Requirements. An application for a sign permit shall be made on a form prescribed by the Zoning Administrator. The application shall include, at a minimum, a sketch drawn to scale indicating the proposed sign and identifying existing signs on the premises, the sign's location, graphic design, structural and mechanical design and engineering data which ensures its structural stability. The application shall also contain the names and address of the sign company, person authorizing erection of the sign and the owner of the subject property. (5/98) The Zoning Administrator shall issue a permit for a sign unless the sign is in violation of the provisions of these regulations or other provisions of the Keizer Zoning Ordinance. Sign permits mistakenly issued in violation of these regulations or other provisions of the Keizer Zoning Ordinance are void. The Zoning Administrator may revoke a sign permit if he finds that there was a material and misleading false - --"-"- - »»•— statement of fact in the application for the permit. ~ - j ^ ^ ^ g l ^ ^ g p F r Wall Sign E. Design, Construction, and Maintenance. All signs shall be designed, constructed, and maintained according to the following standards: (5/98) 1. Compliance with Building Codes. All signs shall comply with the applicable provisions of Uniform Building Code in effect at the time of the sign permit application and all other applicable structural, electrical and other regulations. The issuance of a 18 SIGNS 2.308 May 1998 - Keizer Development Code (Printed 3/2006) DRAFT REVISIONS 6-20-08 Deletions and additions in red sign permit under these regulations does not relieve the applicant of complying with all other permit requirements. (5/98) 2. Materials. Except for banners, flags, temporary signs, and window signs conforming in all respects with the requirements of these regulations, all signs shall be constructed of permanent materials and shall be permanently attached to the ground, a building, or other structure by direct attachment to a rigid wall, frame, or structure. (5/98) 3. Maintenance. All signs shall be maintained in a good structural condition and readable at all times. (5/98) 4. Owner Responsibility. The owner shall be responsible for its erection and maintenance and its compliance with the provisions of these regulations or other laws or Ordinances regulating signs. (5/98) 2.308.04 Nonconforming Signs A. Alteration of Nonconforming Sign Faces. Nonconforming signs are subject to the following provisions regarding alteration: (5/98) 1. Change Permitted. Within the abatement period described in Section 2.308.04.C., a change in sign face alone is allowed without requiring compliance with these regulations. (5/98) 2. Termination of Nonconforming Sign. Within the abatement period described in Section 2.308.04.C., when a nonconforming sign face is damaged or destroyed by fire, flood, wind, or other calamity or act of God, such sign face may be restored to its original condition provided such work is completed within sixty (60) days of such calamity. However, a sign structure or support mechanisms so damaged shall not be replaced except in conformance with the provisions of these regulations. (5/98) B. Permits for Properties with Nonconforming Signs. (5/98) 1. Businesses in Integrated Business Centers. For individual businesses in integrated business centers, all signs of the individual business must comply prior to issuance of sign permits for new or altered signs. No free-standing sign permits will be issued for the integrated business center, unless all free- standing signs comply. (5/98) 2. Businesses Not in Integrated Business Centers. No permits shall be issued for new or altered signs unless all signs of the Keizer Development Code -May 1998 (Printed 3/2006) 2.308 SIGNS 11 individual business comply with these regulations, except as set forth in Section 2.308.04.B.4. (5/98) 3. Nonconforming Sign Area. Except as set forth above and in Section 2.308.08.B.4., all conforming and/or nonconforming signs in existence as of the date of the permit application shall be included in the total allowed area, number or size when reviewing applications for new or altered signs to be allowed on the property. (5/98) 4. Exception for Non-Owned Signs. Signs which are not owned or controlled by the property owner or lessee prior to May 7, 1990, and which were constructed or installed prior to May 7, 1990, shall not be included in the total allowed area for sign permits granted prior to May 7,1997.(5/98) C. Abatement of Nonconforming Signs. Permanent signs in existence on May 7, 1990 that are not in conformance with the provisions of this Ordinance shall be regarded as nonconforming signs and must be removed, altered, or replaced so as to conform on or before May 7, 1997. The period from the date of the enactment of these regulations to May 7, 1997, shall be described as the "abatement period." Nonconforming signs remaining after the abatement period ends shall be considered illegal signs. Temporary and portable signs that are not in conformance with the provisions of this Ordinance shall be regarded as nonconforming and shall be removed on or before September 7, 1990.(5/98) The Zoning Administrator shall notify non-conforming permanent sign owners by certified mail of the conformance deadline at least two years prior to such deadline as a public service. Failure to be notified of the deadline shall not relieve the owner of responsibility to conform with this Ordinance within the time period herein. Properties annexed to the City after the effective date of this Ordinance shall have 7 years following annexation in which to conform to these regulations, with the exception of temporary signs that shall conform to the regulations within 90 days following annexation. (5/98) Electronic Message Signs which are legally placed and maintained in all respects on or before October 6. 2008 shall be allowed to remain as non-conforming signs and do not have to be brought into compliance. However, once a non-conforming Electronic Message Sign is removed, any replacement sign must comply in all respects with these regulations. (10/2008) D. Abandoned Signs. All signs for a business shall be removed within 30 days after that business ceases to operate on a regular basis, and the 18 SIGNS 2.308 May 1998 - Keizer Development Code (Printed 3/2006) DRAFT REVISIONS 6-20-08 Deletions and additions in red entire sign structure or structures shall be removed within 12 months of such cessation of operation. (5/98) E. Minor Nonconforming Signs. Individual signs that otherwise comply and are existing as of May 7,1990, that are within 5% of both the allowed area (total and per sign) and the allowed height as set forth in these regulations are allowed to remain as nonconforming signs and do not have to be brought into compliance. However, once a nonconforming sign is removed, any replacement sign must comply in all respects with these regulations. (5/98) 2.308.05 Signs Generally Permitted Subject to the limitations in Sections 2.308.04.C., 2.308.07 and 2.308.08, the following signs and sign work are permitted in all zones. These signs shall not require a permit, and shall not be included when determining compliance with total allowed area: (5/98) A. Sign Copy. Painting, change of sign face or copy and maintenance of signs legally existing on the effective date of this Ordinance. If structural changes are made, the sign shall conform in all respects with these regulations. (5/98) B. Temporary Signs. Temporary signs that do not exceed 16 square feet in area. No lot may display temporary signs for more than 90 days in any 365 day period. Only one temporary sign per lot may be displayed at a time except during the period 45 days preceding and seven days following elections, signs which relate to such elections may be unlimited in number. (5/04ord. 2004-498) C. Real Estate Signs. Real estate signs not exceeding 32 square feet that advertise the sale, rental or lease of premises upon which the sign is located. Real estate signs may be used up to two years without a permit. (5/98) D. Government Signs. Signs posted by or under governmental authority including legal notices, traffic, danger, no trespassing, emergency, city identification and signs related to public services or safety, (ord 2005-533 11/2005) E. Development Signs. One sign not over 32 square feet for a residential development or subdivision, and located at each street entrance to the development. (5/98) F. Incidental. Incidental signs that do not exceed 6 square feet. Such signs shall not be mounted on permitted freestanding sign structures. (5/98) Keizer Development Code -May 1998 (Printed 3/2006) 2.308 SIGNS 11 G. Flags. Flags on permanent flag poles that are designed to allow raising and lowering of the flags. Flagpoles shall either be freestanding or shall be mounted on the building but if mounted on the building may not be taller than the peak of the roof. Flags shall not exceed 25 square feet in area. (5/98) H. Interior Signs. Signs within a building. (5/98) I. Window Signs. For commercial or industrial buildings, signs painted or hung on the inside of windows. (5/98) J. Non-profit Signs. A non-profit organization may display a portable sign subject to the following: (5/98) 1. Three signs per organization at one time. (5/98) 2. Maximum sign area: 16 square feet. (5/98) 3. The sign shall be displayed no more than six times in any 365 day period, and shall not be displayed longer than five days each time. (5/98) 4. The sign shall not be placed on public property or in any right-of- w a y . (5/98) 5. The non-profit organization shall request and receive consent from the property owner of the property on which the sign is placed. (5/98) 6. If requested, the non-profit organization shall provide appropriate proof that such organization is organized not to make a profit, but for charitable, educational, religious, or philanthropic purposes. (5/98) K. Residential Signs. Residential signs, pursuant to requirements in Section 2.308.07. (5/98) L. Election Signs. During the period of forty-five (45) days prior and seven (7) days after any governmental election, signs which meet the definition of temporary signs, and which pertain to such election, may be unlimited in number, (sm ord. 2004-498). 2.308.06 Prohibited Signs The following signs are prohibited: (5/98) 18 SIGNS 2.308 May 1998 - Keizer Development Code (Printed 3/2006) DRAFT REVISIONS 6-20-08 Deletions and additions in red A. Tethered Signs. Balloons or similar types of tethered objects, including strings of pennants. (5/98) B. Portable Signs. Portable signs (except as noted in Section 2.308.05.J. (5/98) C. Roof Signs. Roof signs or signs which extend higher than the roof line. (5/98) D. Odor, Visible Matter. Signs that emit odor, visible matter, or sound, however an intercom system for customers remaining in their vehicles, such as used in banks and "drive through" restaurants, shall be allowed. (5/98) E. Wire Supports. Signs that use or employ side guy lines of any type. (5/98) F Obstructing Signs. Signs that obstruct any fire escape, required exit, window or door opening used as a means of egress. (5/98) G. Utility Lines. Signs closer than 24 inches horizontally or vertically from any overhead power line or public utility guy wire. (5/98) H. Vehicle, Trailer Signs. No vehicle or trailer shall be parked on a public right-of-way or public property, or on private property so as to be visible from a public right-of-way which has attached thereto or located thereon any sign or advertising device for the basic purpose of providing advertisement of products or directing people to a business or activity located on the same or nearby premises. This provision applies where the primary purpose of a vehicle is for advertising purposes and is not intended to prohibit any form of vehicular sign, such as a sign attached to a motor vehicle which is primarily used for business purposes, other than advertising. (5/98) Rotating/revolving Signs. K. Projection Signs. Projecting signs exceeding 24 inches and private signs that project into or over driveways and public right-of-ways, except signs under a canopy that projects over a public sidewalk and the sign is 8 feet or more above the sidewalk. (Ord 2005-53311/2005) Keizer Development Code - M a y 1998 (Printed 3/2006) 2.308 SIGNS 11 L. View Obstruction. Signs that obstruct required vision clearance area or obstruct a vehicle driver's view of official traffic control signs and approaching or merging traffic, or which present a traffic hazard. (5/98) M. Safety Interference. Signs that interfere with, imitate, or resemble any official traffic control sign, signal or device, emergency lights, or appears to direct traffic, such as a beacon light. (5/98) N. Use of Utility Poles. Signs attached to any pole, post, utility pole or placed on its own stake and placed into the ground in the public right- of-way. (5/98) O P. Vacant Land. Any sign on unimproved property, unless allowed as a temporary sign. (5/98) P. Electronic Message Signs. Electronic message signsrinctuding Time and-Temperature Displays^except by conditional use permit. Electronic message signs that change more freguently than once per fifteen (15) minutes houf-are prohibited h Further, any change made with the use of scrolling, flashing, fluttering or other animated effects is prohibited. Variances to any of these reguirements are not allowed. 2.308.07 Non-Commercial Signs The following regulations apply to signs for residences, public or semi-public buildings and similar non-commercial, non-industrial uses: (5/98) A. Sign types. The following sign types are allowed: (5/98) 1 Wall, canopy and window signs subject to the limitations in 2.308.0 7. C. (5/98) 2 Free-standing signs subject to the limitations in 2.308.07.C. (5/98) 3. Temporary displays consisting of any sign type for a period not to exceed 21 days in any 365 day period, however the owners or responsible parties of such displays shall be responsible for any public or private nuisance. (5/98) 18 SIGNS 2.308 May 1998 - Keizer Development Code (Printed 3/2006) DRAFT REVISIONS 6-20-08 Deletions and additions in red B. Maximum number. Any combination of wall, canopy or free-standing signs not exceeding the sign area and height limitations of this Section; plus signs allowed in Section 2.308.07.A.3. (5/98) C. Maximum Sign Area. Maximum total sign area for property on which the building or buildings are located. (5/98) 1. Single-family and two-family (duplex) dwelling: 6 square feet. (5/98) 2. Multiple family dwelling: 32 square feet. (5/98) 3. Public and semi-public: 64 square feet. (5/98) D. Maximum sign height: 1. Wall, canopy or window sign: 8 feet. (5/98) 2. Free-standing sign: 6 feet. (5/98) E. Location: (5/98) 1. Wall, canopy or window sign shall be set back from the property lines of the lot on which it is located, the same distance as the building containing the permitted use; provided that wall signs may project into the required setback space up to 1.5 feet. (5/98) 2. Free-standing signs are permitted where fences are allowed. (5/98) F Illumination. Except for Electronic Message Signs, non-commercial sSigns may only be indirectly illuminated by a concealed light source, shall not remain illuminated between the hours of 11:00 p.m. and 6:00 a.m., (except by conditional use permit) and shall not flash, blink, fluctuate or produce glare. (5/98) 2.308.08 Commercial and Industrial Signs The following regulations apply to signs for commercial and industrial uses: (5/98) A. Non-integrated Business Centers: 1 Total allowed area. One and one-half square feet of total allowed sign area for each lineal foot of building frontage, up to a maximum total allowed area of 150 square feet. (5/98) Keizer Development Code -May 1998 (Printed 3/2006) 2.308 SIGNS 11 2. Type, maximum number and size of signs. Within the total allowed area, one free standing sign per street frontage and an unlimited number of wall, canopy or projecting signs. Regardless of total allowed area, the free-standing signs shall be limited to a maximum of 100 square feet in area, shall not exceed one sign on each frontage, and shall be oriented to face the traffic flow on the street upon which then front. (5/98) 3. Maximum sign height: (5/98) a. Wall and canopy signs shall not project above the parapet or roof eaves. (5/98) b. Free-standing signs: 20 feet. (5/98) 4. Location: (5/98) a. Wall or projecting signs may project up to 2 feet from the b u i l d i n g . (5/98) b. Free-standing signs have no limitations except the signs shall not project over street right-of-way and shall comply with requirements for vision clearance areas and special street setbacks. (5/98) B. Integrated Business Centers: 1 Allowed area. For wall, canopy and projecting signs on individual businesses within an integrated business center, one and one-half square feet of total allowed sign area for each lineal foot of building frontage for the individual business, up to a total maximum of 150 square feet per business. The sign area of a projecting sign shall be calculated as a free-standing sign. Individual businesses may not assign their unused allowed area to other businesses in the integrated business center. Free standing signs are permitted only as set forth below and in Section 2.308.08.C. (Ord 2005-53311/2005) 2. On a Secondary Building Frontage, one wall sign shall be allowed, in addition to that listed above, at the rate of 0.75 sq ft per lineal foot of that portion of the building designated a Secondary Building Frontage, up to a maximum of 75 sq ft. (Ord 2005-533 11/2005) 3. Free-standing Sign. For each integrated business center, 1 free- standing sign per street frontage not to exceed 100 square feet in area. Free-standing signs shall not exceed one sign on each 18 SIGNS 2.308 May 1998 - Keizer Development Code (Printed 3/2006) DRAFT REVISIONS 6-20-08 Deletions and additions in red frontage and shall be oriented to face the traffic flow on the street upon which they front.