Chapter 9.34
SIGNAGE
Sections:
9.34.005 Purpose/applicability/interpretation.
9.34.020 Temporary signage exempt from land use permitting.
9.34.070 General standards, conditions and limitations for temporary signs.
9.34.090 Violation – Penalty – Abatement.
9.34.005 Purpose/applicability/interpretation.
The purpose of this chapter is to clarify the standards, conditions and limitations on content-neutral temporary signs which do not constitute land development and therefore are not subject to LCMC Title 17 or other applicable land development regulations. The purpose of this chapter is to regulate the size, illumination, movement, location, and condition of all exempt temporary signs placed on private or public property for exterior observation, thus ensuring the protection of property values, the character of neighborhoods, and furthering public safety, including pedestrian and traffic safety. This chapter does not regulate permanent signs or signs requiring a permit. This chapter must be interpreted in a manner consistent with the United States and Oregon Constitutional guarantees of free speech and expression. If any provision of this chapter is found by a court of competent jurisdiction to be invalid, such finding must not affect the validity of other provisions of this chapter which can be given effect without the invalid provision. (Ord. 2020-22 § 1; Ord. 2019-15 § 1; Ord. 2018-13 § 1)
9.34.010 Definitions.
The definitions concerning signs set forth in Chapter 17.08 LCMC apply to this chapter and are incorporated herein by this reference. (Ord. 2020-22 § 2; Ord. 2019-15 § 2; Ord. 2018-13 § 1)
9.34.015 Reserved.
9.34.020 Temporary signage exempt from land use permitting.
Subject to compliance with the standards, conditions and limitations set forth in this chapter, the following signs are not considered land development and are permitted and exempt from land use permitting requirements:
A. Temporary Signs Allowed at Any Time. A property owner may place one temporary sign with a sign face not exceeding four square feet on the owner’s property at any time. If such temporary sign becomes dilapidated, it must be removed or replaced. There is no restriction on the content of such sign. However, such signs shall also conform to all general standards, conditions and limitations of this chapter. This section does not permit snipe signs.
B. Temporary Signs Allowed at Any Time. Subject to design standards, a property owner may place signs in a window on the property that is visible from the right-of-way at any time. There is no restriction on the content of such sign. However, such signs shall also conform to all general standards, conditions and limitations of this chapter.
C. Temporary Signs Placed Outside during Specified State and Local Election Periods. Temporary signs with a sign face not exceeding eight square feet in area, for each such sign, may be erected on private property, with the permission of the property owner, for a period of 60 days prior to a state or local official election day and for five days following the day of the election. There is no restriction on the content of such signs. No more than eight such signs may be placed on a legal lot or parcel. In a commercial zone, a temporary banner sign, not to exceed 32 square feet, may be substituted for four eight-square-foot signs, during the above-referenced 65-day period, provided such banner is securely attached to a structure. All such signs shall also conform to all general standards, conditions and limitations of this chapter.
D. A Single Temporary Sign Placed Outside during the Period of Time a Real Property Is Being Marketed, in Good Faith, for Sale or Lease. Such temporary sign shall not exceed eight square feet in sign face area when located on a residential property as defined in LCMC Title 17 and 32 square feet in sign face area when located on a commercial property as defined in LCMC Title 17. Such signage may be erected beginning the day the property is offered for sale or lease and must be removed within 30 days after the property is no longer for sale or lease. There is no restriction on the content of such sign. However, such signs shall also conform to all general standards, conditions and limitations of this chapter.
E. Exempt Flags and Feather Banners.
1. A property owner may place up to three temporary flags, and two windsocks attached to a flagpole or structure, on the owner’s property at any time. If such temporary sign becomes dilapidated, it must be removed or replaced. There is no restriction on the content of such signs. However, such signs shall also conform to all general standards, conditions and limitations of this chapter.
2. In a commercial zone the number of flags allowed under subsection (E)(1) of this section may be increased based on the number of licensed businesses physically present on the property, not to exceed three flags per business. In such commercial zone, two feather banners (not to exceed 16 square feet each) may be substituted for two temporary flags, per business. In a commercial zone a flagpole must be shown on the approved site plan. A flagpole, feather banner, flag, or windsock shall not be located in, or project into, a public right-of-way, including sidewalk or street, or onto abutting property. No flagpole may exceed the maximum building height in the underlying zone. Up to two windsocks per business are permitted, when securely attached to a pole or structure.
F. A single portable sign is permitted per legal lot or parcel in a commercial zone. The portable sign shall not exceed 12 square feet in area, and no dimension of the sign face may exceed four feet. Such signs may not obstruct clear vision, vehicular or pedestrian circulation or Americans with Disabilities Act administrative regulations. No portable sign may be supplemented with any form of attachments such as lights, balloons, flags, ribbons, or streamers. No portable sign may be placed in a street, alley, public right-of-way or on public property, unless pursuant to a permit issued by the city and all license fees and charges are paid. There is no restriction on the content of such sign. However, such signs shall also conform to all general standards, conditions and limitations of this chapter.
G. A person holding a permit issued under LCMC 5.04.150(B) (temporary outside display of merchandise) or under LCMC 5.16.020 (special event permit) may display signage for the duration of the seasonal display or special event, as specified in the permit; provided, in the case of LCMC 5.04.150, such signage shall be limited to two signs whose combined areas shall not total more than 64 square feet, in addition to any other signs allowed for the legal lot or parcel. Special event permits shall specify the maximum amount of square footage of signage authorized; however the limit shall be the same as LCMC 5.04.150, if not otherwise specified and justified in the permit. Such permits cannot authorize signage at other public or private locations or in rights-of-way. The permittee must remove any such signs no later than one day following the expiration date on the permit. (Ord. 2020-22 § 3; Ord. 2020-08 § 1; Ord. 2019-27 § 1; Ord. 2019-15 § 3; Ord. 2018-13 § 1)
9.34.030 Prohibited signs.
A. Temporary signs are prohibited in the city except when specifically exempted under this chapter. A temporary sign authorized by this chapter may not include any form of prohibited sign listed in LCMC 17.72.060 (prohibitions). Temporary signs are permitted on undeveloped lots. (Ord. 2020-22 § 4; Ord. 2019-15 § 4; Ord. 2018-13 § 1)
9.34.040 Reserved.
(Ord. 2020-22 § 5; Ord. 2019-15 § 5)
9.34.050 Reserved.
9.34.060 Reserved.
9.34.070 General standards, conditions and limitations for temporary signs.
A. This chapter authorizes only temporary signs. A temporary sign is a sign which is intended to be displayed for a specified period of time and then be removed. A temporary sign is not affixed to a permanent sign structure requiring a land use approval or any type of building permit.
B. This chapter does not authorize signs which require land use or building permits for the sign structure. An exempt temporary sign shall not include any form of prohibited sign such as specified in LCMC 17.72.060 (prohibitions), including but not limited to flashing signs, moving signs, snipe signs, signs that imitate traffic control, signs that obstruct clear vision areas, signs that create glare, parked vehicle signs, or signs prohibited by state or federal law. Placement of prohibited signs subjects both the sign owner and property owner to citation and abatement proceedings by the city.
C. Any temporary sign placed as allowed under this chapter shall be removed by the end of the time period specified for the type of sign or the sign owner and property owner will be subject to citation and abatement proceedings by the city.
D. Nothing in this chapter authorizes temporary signs placed in the city right-of-way; such signs are not authorized by the property owner and are an offense against the city and subject to enforcement under this chapter as well as other city codes.
E. Nothing in this chapter authorizes signs in violation of any applicable state or federal law. The sign owner is solely responsible for obtaining any required permits from state and federal agencies when required by applicable regulations. (Ord. 2020-22 § 6; Ord. 2019-15 § 6; Ord. 2018-13 § 1)
9.34.080 Reserved.
9.34.090 Violation – Penalty – Abatement.
A. Violation of any provision of this chapter, including the standards, limitations and conditions of temporary signs detailed herein, including but not limited to removal within the time specified, shall be considered a nuisance, is unlawful and an offense against the city, and shall be enforced as a Class B violation under Chapter 1.16 LCMC. Signs placed in public right-of-way without approval of the permitting authority shall be enforced as a Class A violation.
B. Each day’s violation of a provision of this chapter constitutes a separate offense.
C. In addition to citation as noted above, failure to abate the nuisance under this chapter shall be subject to city abatement of the nuisance, including cost assessment and lien consistent with Chapter 8.12 LCMC nuisance abatement procedures. The abatement of a nuisance is not a penalty for violation of this chapter, but is an additional remedy.
D. The city may, as an alternative to other remedies that are legally available for enforcing this chapter, institute a civil suit for an injunction, abatement or other appropriate proceedings to prevent, enjoin temporarily or permanently, abate or remove a violation of this chapter.
E. Summary Abatement. The city may remove without notice any unauthorized temporary sign in a public right-of-way, or from any city park, parking lot, or other city property, to a place of storage. Evidence of the violations/crimes shall be held in accordance with the laws of the state and police procedures for use in any subsequent criminal or violation prosecutions. After prosecution, or in the case when no prosecution is commenced, if city reasonably estimates the value of the sign materials to be less than $10.00, the city may immediately dispose of the sign removed without notice. For a sign of greater estimated value, a notice of removal will be sent to any owner known to the city, notifying that the sign will be destroyed unless claimed within 20 days of the notice. If the owner is unknown to the city, the sign may be destroyed without notice if unclaimed after 20 days from the date of removal. No sign removed from the right-of-way will be returned to the owner, unless the owner pays a removal fee in the amount of the actual personnel and storage cost to the city; said fee may be periodically set by council resolution. Nothing in this section prohibits criminal prosecution of a person or organization illegally placing signage on public right-of-way or other public property for the crime of criminal mischief or other offense. (Ord. 2020-22 § 7; Ord. 2018-13 § 1)