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HomeMy WebLinkAboutPlanning Commission Packet - August 6, 2013 C row CITY OF CENTRAL POINT PLANNING COMMISSION AGENDA August 6, 2013 - 6:00 p.m. I. MEETING CALLED TO ORDER II. ROLL CALL Planning Commission members Chuck Piland, Mike Oliver, Tim Schmeusser, Tom Van Voorhees, Susan Szczesniak, Craig Nelson Sr. and Kay Harrison HI. CORRESPONDENCE IV. MINUTES Review and approval of July 2, 2013 Planning Commission Minutes. V. PUBLIC APPEARANCES VI. BUSINESS A. Consideration of Resolution No. 793 designating an existing communication tower as a Class A non-conforming use per CPMC Section 17.56.040, located at 4500 Rogue Valley Hwy.; Applicant: City of Central Point, File No. 1301X B. Consideration of Resolution No. 794 Declaring City's Intent to Amend the Municipal Code to Add Sidewalk Cafes and to Revise Other code Sections as Necessary C. Consideration of Resolution No. 795 Declaring City's Intent to Amend Municipal Code Section 15.24, Sign Code; Section 17.67 Design Standards—TOD District and TOD Corridor and to use Reserved Section 17.75.050 signage Standards to Consolidate All Other Referenes to Signs in the Zoning Code D. Consideration of Resolution No. 796 declaring City's Intent to Amend the Municipal Code to Correct the Standards in Section 17.65.050, Table 2 • VII. DISCUSSION A. VIII. ADMINISTRATIVE REVIEWS IX. MISCELLANEOUS X. ADJOURNMENT City of Central Point Planning Commission Minutes July 2, 2013 MEETING CALLED TO ORDER AT 6:00 P.M. II. ROLL CALL Commissioners Chuck Piland, Mike Oliver, Susan Szczesniak, Tom Van Voorhees, Craig Nelson and Tim Schmeusser were present. Kay Harrison was not in attendance at roll call. She arrived at 6:10 p.m. Also in attendance were: Tom Humphrey, Community Development Director, Don Burt, Planning Manager,and Karin Skelton, Planning Secretary. III. CORRESPONDENCE—None IV. MINUTES Craig Nelson made a motion to approve the minutes of the February 5, 2013 which had not been previously approved. Mike Oliver seconded the motion. ROLL CALL: Mike Oliver, yes; Susan Szczesniak, yes; Tom Van Voorhees, yes; Tim Schmeusser, yes; Craig Nelson, yes. Motion passed. Susan Szczesniak made a motion to approve the minutes of May 7, 2013. Tom Van Voorhees seconded the motion. ROLL CALL: Mike Oliver, yes; Susan Szczesniak, yes; Tom Van Voorhees, yes; Tim Schmeusser, abstained; Craig Nelson, yes. Motion passed V. PUBLIC APPEARANCES —None VI. BUSINESS VII. DISCUSSION Don Burt introduced the proposed modification to the Gray Court PUD and stressed that it was final platted in 2006. He explained that the modifications would include changing the original 3 story buildings to 2 story buildings, including a change from two car garages to one car garages. He said this change met the minimum requirements for parking of 2 spaces per lot. There would also be 21 additional guest parking spaces at the end of the street. Additionally the rear setbacks were to be changed from 10 feet to 15 feet. This is consistent with R3 zoning. One favorable comment letter was received from a neighbor in response to the City's notification. It was also mentioned that the currently planned cul-de- Planning Commission Minutes July 2, 2013 Page 2 sac would be replaced with a hammerhead turn-around at the end of the street. This was approved by the Fire Marshall as sufficient room for emergency vehicles. Scott Sinner, agent for the project addressed the Commission. He said that the new plan would include multiple interchangeable house plans to provide for architectural interest and give the project greater street appeal. He also addressed the Commission's concerns regarding landscape and common area maintenance. He indicated that CC&R's would be implemented to address those issues. The front landscaping and common areas would be kept up and the owners would be individually responsible for only their back yards. He replied to an inquiry that the units would be built two at a time. The Commission expressed concerns regarding the traffic issues surrounding the entrance to Gray Court off Hopkins Road. Tom Humphrey said that there had been a speed study done recently due to speeding issues on Hopkins. He said a traffic engineer will study the location and make recommendations. There does not appear to be a problem with exiting the project. Another concern was that there were some trees on one of the lots which somewhat blocked visibility into and out of the PUD and that the possibility of removing them should be considered. Mike Oliver moved that Resolution #792 be approved. Susan Szczesniak seconded the motion. Mike Oliver, yes; Susan Szczesniak, yes; Tim Schmeusser, yes; Craig Nelson, yes; Kay Harrison, yes. Motion passed. Proposed changes to Chapter 12 of the Central Point Municipal Code Trees. Dave Jacob presented proposed changes to Chapter 12 of the municipal code to provide a streamlined process for the City to remove"nuisance trees" located on private property. This would include "hazard trees" located on private property. It would provide a 30 day notice to the property owner to attend to the subject tree in a timely manner and would provide the city with the authority to remove the tree if not taken care of within the specified time period. Proposed Walzreens Tom Humphrey Informed the planning commission that the city received anapplication for a Walgreens at the corner of Front Street and Pine Street (current location of Grange card lock) It would encompass two tax lots. This application is a Type II and can be processed administratively. The planning commission voiced concerns regarding any possible contamination problems that might relate to the removal of gas tanks currently located on the property and the impact on the city, the police department and local customers who currently use the cardlock. 4.•+e Planning Commission Minutes July Z 2013 Page 3 Additional concerns were voiced regarding to the ambiance of the area as an artisan corridor and the visual impact of the standard Walgreens structures. Landscaping and building materials being incorporated into the design were discussed. Also voiced were the impact on the established businesses and the of groundwork done for an artisan area in Central Point. Another issue brought up was the difficulty of entering a future Walgreens parking lot as it would be awkward having to enter and exit from only the southbound lane of the highway and would hinder the traffic flow. A suggestion was made that perhaps Mt. View Plaza would be a more appropriate location for Walgreens. Tom Humphrey informed the Planning Commission that the application for Dairy queen in Central Point had been withdrawn as their corporate headquarters determined there was not enough traffic to warrant building the project on Front Street. VIII. ADMINISTRATIVE REVIEWS IX. MISCELLANEOUS X. ADJOURNMENT Kay Harrison made a motion to adjourn the meeting. Tim Schmeusser seconded the motion. Meeting was adjourned at 8:00 p.m. The foregoing minutes of the July 2, 2013 Planning Commission meeting were approved by the Planning Commission at its meeting on the day of , 2013. Planning Commission Chair STATE POLICE COMMUNICATIONS TOWER DESIGNATION \,......• ' A City of Central Point, Oregon CENTRAL Community Development 140 S 3rd Street, Central Point, OR 97502 POINT Tom Humphrey,AICP, 541.664.3321 Fax 541.664.6384 Oregon Community Development Director www.centralpointoregon.gov STAFF REPORT August 6, 2013 AGENDA ITEM: FILE NO. 13014 Consideration of Resolution No. 793 designating an existing communication tower as a Class A non- conforming use per CPMC Section 17.56.040, located at 4500 Rogue Valley Hwy(Oregon State Police Headquarters). The property is identified on the Jackson County Assessor's map as 37S 2W 03BD, Tax Lot 900. The 3.57 acre project site is within the TOD-EC zoning district. Applicant: City of Central Point. STAFF SOURCE: Don Burt, Planning Manager Background: On August 27, 1996, by Resolution No. +4 ;; at ` 361, the Planning Commission approved a '' { 4 headquarters facility for the Oregon State Police. As part of this facility an 80 ft. =-)- communications tower("Tower") was approved. At the time of approval the property was zoned R-2 and communication towers were permitted. Cuninlunica 'pn sta. %I ulcer - ` , In 1998 the City Council rezoned the t property from R-2 to TOD (EC). yo;. f Communication towers are not permitted in ' the TOD (EC) district. At the time of the rezoning the issue of the Tower's non- conforming status was not considered. By default the Tower is considered a Class B '_S non-conforming use (Section 17.56.030(B). O The property's current zoning(TOD-EC) targets commercial use. In an alternative , commercial zoning district outside the TOD district the zoning would be C-4 or C-5 both j of which allow communication towers as a E conditional use. • 0 01 \re. . General Project Description: Because of the nature of the Tower as a necessary accessory use/structure to the operation of the Oregon State Police headquarters, the Tower is needed for the continued protection, safety, and general welfare of the public. At this time it is the applicant's objective to classify the Tower as a Class A Non-Conforming Use, which allows greater flexibility in the continued use, maintenance, and operation of the Tower consistent with the purpose and function of the Oregon State Police Headquarters facility. The Tower is located on the northerly edge of the property(setback 35 ft. from side property line and over 100 ft. from the front and rear property lines). The Tower is constructed of metal and is 80 ft. in height. The nearest property adjacent to the Tower is zoned TOD-LMR, owned by the City and intended for use as an arboretum. ISSUES: The Tower has been in use since 1998 and has not been the cause of any complaints or other issues. FINDINGS: The Tower has met the criteria set forth in Section 17.56.030 for designation as a Class A Non-Conforming Use(See Attachment"A" Findings of Fact") CONDITIONS OF APPROVAL: ATTACHMENTS/EXHIBITS: Attachment "A"- Findings of Fact ACTION: Consideration of Resolution No. 793 designating the Tower as a Class A Non-Conforming Use. RECOMMENDATION: Approve Resolution No. 793. Page 2 of 2 02 ATTACHMENT "A" BEFORE THE PLANNING COMMISSION FOR THE CITY OF CENTRAL POINT JACKSON COUNTY, OREGON CONSIDERATION TO DESIGNATE AN ) FINDINGS OF FACT AND EXISTING COMMUNICATION TOWER AS A ) CONCLUSIONS OF LAW CLASS A NON-CONFORMING USE PER ) CPMC SECTION 17.56.040, FILE NO. 13014, ) August 6,2013 LOCATED AT 4500 ROGUE VALLEY HWY.; WITHIN THE CITY OF CENTRAL POINT, OREGON Introduction On August 27, 1996,by Resolution No. 361, the Planning Commission approved a headquarters facility for the Oregon State Police. As part of this facility an 80 ft. communications tower(Tower) was approved.At the time of approval the property was zoned R-2 and communication towers were permitted. In 1998 the City Council rezoned the property from R-2 to TOD(EC). Communication towers are not permitted in the TOD(EC)district and as such at the time of rezoning the Tower became non- conforming.Non-Conforming Uses/Structures are subject to Section 17.56 Non-Conforming Uses. Section 17.56.030 provides for the classification of non-conforming uses as either Class A or Class B. The project site is located in the TOD-EC and GC zoning district and is subject to compliance with CPMC Chapters 17.65, 17.66, and 17.67. At the time of rezoning there was no discussion,or consideration of the Towers non-conforming status, and by default the Tower was classified as a Class B non-conforming use/structure(Section 17.56.030(B)). As a Class B non-conforming use the Tower is subject to the regulations set forth in Section 17.56.060(B), which are very restrictive. The property's current zoning(TOD-EC) targets commercial use. In an alternative commercial zoning district outside the TOD district the zoning would be CA or C-5 both of which allow communication towers as a conditional use. Because of the nature of the use of the property as a headquarters for the Oregon State Police,the Tower is an essential accessory use/structure to the operations of the headquarters and for the protection, safety, and general welfare of the public, and as such is a candidate for designation as a Class A Non- Conforming Use/Structure. Section 17.56.060(A)regulates the continued use of Class A non-conforming uses/structures, and is considerably more lenient in the continued use and maintenance of non-conforming uses/structures. Section 17.56.040 sets forth procedures for the change in classification of a non-conforming use/structure provided that compliance with the criteria set forth in Section 17.56.030(A)can be met. 03 • ATTACHMENT "A" Findings _ Section 17.56.030 Classification Criteria. All non-conforming uses and structures within the city of Central = Point shall be classified as either Class A or Class B non-conforming uses, according to the following criteria: Cummunicat'v n A. Properties 1o1%cr , containing non- conforming uses or \x `a structures may be ctli 41/4s designated Class A by the planning '• commission based on findings that all of the following criteria apply: 1. Continuance • of the existing use or structure would not be d contrary to the public health, safety or welfare, or to the spirit of this title. Finding 1: The Tower is an essential component of the Oregon State Police headquarters operation. The continued use of the Tower is to the benefit of the public's general health, safety, and welfare. Conclusion 1: Consistent. 2. The continued maintenance and use of the non-conforming property is not likely to depress the values of adjacent or nearby properties, nor adversely affect their development potential in conformance with present zoning. Finding 2: To the north the Tower is immediately (35 ft. set back) adjacent to City property, which is designated for park use (arboretum). 04 • ATTACHMENT "A" To the north and east, and separated by the Oregon State Police headquarters is an office/meeting facility for the Medford Labor Temple (372W03BD 1000). To the west are Hwy. 99 and the railroad tracks. In addition to the above properties and within 100.ft. of the Oregon State Police headquarters property there are four additional properties designated for residential use. The Tower has been in use since 1998 and has not been the subject of any complaints relative to its use or its impact on property values. Conclusion 2: Consistent. 3. The use or structure was lawful at the time of its inception and no useful purpose would be served by strict application of the provisions or requirements of this chapter with which the use or structure does conform. Finding 3: As noted in the above description, the Tower was constructed as a permitted use. The continued operations of the Oregon State Police headquarters are dependent on the continued use of the Tower. Conclusion 3: Consistent. 4. The property is not predominantly surrounded by conforming uses or structures and, considering current growth and development trends, is not reasonably expected to come under development pressure during the next five years. Finding 4: The subject property is located in a predominantly developed area of conforming uses. The only properties subject to future development are the two properties to the north, one of which is abutting the Oregon State Police headquarters property and is owned by the City (372W03BD 800), zoned for residential use (LMR), and planned to be developed as an arboretum. There are no conflicts with the continued use of the Tower and the proposed arboretum. The other property(372W03BD 600) is zoned for residential use (LMR), is also located north of the Oregon State Police headquarters property, but buffered by the City's arboretum site. This property is vacant with no immediate (next 5 years)plans for development. Conclusion 4: Consistent. 5. The property is structurally sound, well-maintained,and occupied and used for the purpose for which it was intended. 05 ATTACHMENT"A" Finding 5: The Oregon State Police headquarters is well maintained and continues, and is expected to continue, to be used as a public safety headquarters facility for many years. The Tower is also well maintained and is a crucial component of the headquarters operation. Conclusion 5: Consistent. 6. Continuance of this non-conforming use will not in any way delay or obstruct the development or establishment of conforming uses on the subject property or on any adjacent or nearby properties in accordance with the provisions of the zoning ordinance. Finding 6: The continued use of the Tower is not expected to compromise or impede, the development of the area around the tower. Vacant residential land to the north is screened from the Tower by the City property (arboretum). Conclusion 6: Consistent. SUMMARY CONCLUSION: The classification of the Tower as a Class A Non-Conforming Use meets the necessary criteria set forth in Section 17.56.030(A). 06 AMENDMENT TO MUNICIPAL CODE TO ADD SIDEWALK CAFES AND REVISE OTHER CODE SECTIONS AS NECESSARY • It Planning Department CENTRAL __p AIC STAFF REPORT Tom Humphrey, POINTCommunity Development Director/ STAFF REPORT August 6, 2013 AGENDA ITEM: Consideration of City's Intent to Amend the Municipal Code to Add Sidewalk Cafes and to Revise Other Code Sections as Necessary. STAFF SOURCE: Tom Humphrey, Community Development Director BACKGROUND: The Community Development Department has been approached by Bobbio's Pizza about serving food and alcoholic beverages outside in front of their business.The City has also envisioned this practice in front of other restaurants in the Downtown. Unfortunately, there are some municipal code sections that prohibit this practice. The City Attorney recommended the introduction of a Sidewalk Café ordinance which would provide both opportunity and safeguards for outdoor dining and drinking. Staff proposes adding Sidewalk Cafés to Chapter 5 and has made two subtle changes in Chapters 9.54 (Intoxication) and 9.64(Obstructing Public Passage) which will make Sidewalk Cafes consistent with the rest of the code. Attachment A reflects the new code and changes to existing language in Chapters 5 and 9. ISSUES: There don't appear to be significant issues with these revisions.The provisions for Sidewalk Cafes have been used successfully in Ashland for years without any negative consequences. Changes to Chapters 5 and 9 are all very straightforward amendments that can be made locally and quickly. EXHIBITS/ATTACHMENTS: Attachment "A"—Title 5,Business Licenses and Regulations and Chapters 9.54- Intoxication and 9.64— Obstructing Public Passage ACTION: Make a recommendation to the City Council. RECOMMENDATION: Deliberate and 1) Recommend in favor of the code amendments; 2)Recommend in favor with revisions. Page 1 of 1 - 07 Title 5 BUSINESS LICENSES AND REGULATIONS1 Chapters: 5.04 Business Licenses 5.06 Yard Sales 5.08 Public Dances 5.10 Sidewalk Cafes 5.12 Electrical Contractors 5.16 Plumbing 5.20 Solicitors, Canvassers and Peddlers 5.24 Adult Businesses 5.32 Mobile Home Parks 5.33 Merchant Police and Private Detectives 5.34 Pawnbrokers and Secondhand Dealers 5.38 Drug Paraphernalia 5.42 Special Event Permits 1 For statutory provisions authorizing cities to license, regulate and control any lawful business, see ORS 221.916(7). 08 ATTACHMENT " A. 11 Chapter 5.10 SIDEWALK CAFES Sections: 5.10.010 Purpose 5.10.020 Permit Required 5.10.030 Definitions 5.10.040 Application and Permit Fees 5.10.050 Permit Application 5.10.060 Notice Required 5.10.070 Location Rules and Review Criteria 5.10.080 Liability and Insurance 5.10.090 Forms and Conditions of Permit 5.10.100 Denial, Revocation,or Suspension of Permit 5.10.110 Penalties 5.10.010 Purpose. The purpose of this chapter is to permit and encourage sidewalk dining that is compatible with other uses of the public sidewalk. The City finds that sidewalk cafes encourage a pedestrian-oriented environment, help to create a visually attractive atmosphere and streetscape, and promote overall commerce. 5.10.020 Permit Required. Private commercial use of public sidewalks for the purpose of operating a sidewalk café in the City is prohibited unless a permit is obtained from the Community Development Department as provided in this chapter. 5.10.030 Definitions. A. Abutting property owners and occupants. Any owner or occupant of property which abuts the subject sidewalk café site excluding public right-of-way. B. Adjacent sidewalk area. That portion of the public sidewalk between the curb line and the property line demarcated by extending the side building lines of the premises until they intersect the curb. C. Operate a sidewalk café. Serving food or beverage from a restaurant to patrons seated at tables located within the adjacent sidewalk area, including, in the case of a permittee in possession of a valid license for the sale of alcohol beverages covering such sidewalk, the service of such beverages, or providing seating for patrons in the adjacent sidewalk area. 5.10.040 Application and Permit Fees. The application and annual permit fees shall be established by resolution of the City Council and adjusted annually by the CPI for the previous calendar year. 5.10.050 Permit Application. A. Application for a permit to operate a sidewalk café shall be made at the Community Development Department on a form provided. The request for permit shall minimally contain: - 09 ATTACHMENT " A 1. A completed application; 2. A scale diagram of the area for sidewalk café use,with dimensions shown; 3. A certificate of insurance and endorsement form; and 4. The location and description of the tables and materials requested to be in the right-of-way. B. Other information shall be provided as required by the Community Development Director to carry out the purpose of this chapter. 5.10.060 Notice Required. Prior to rendering a decision,the Community Development Director shall mail abutting property owners and occupants notice that an application for a sidewalk café has been filed. The notice shall contain a copy of the diagram submitted by the applicant, state whether or not the business is licensed to serve alcoholic beverages which may be served and consumed at the sidewalk café if the permit is granted, and state that all comments concerning the proposed sidewalk café must be received by the Community Development Department within 15 calendar days from the date of mailing the notice. The applicant shall also be required to post a copy of the public notice in a readily visible location on the frontage of the applying business establishment for 15 calendar days. 5.10.070 Location Rules and Review Criteria. A. The Community Development Director shall consult with the Public Works Director and the two shall review the application for its compliance with the following criteria: 1. The operation of a sidewalk café is limited to structures which are sited within ten feet of a public sidewalk, and which are located in one of the following zoning districts: TOD-EC(Employment Commercial),TOD G-C(General Commercial), or C-4 (Tourist and Office Professional). 2. The operation of a sidewalk café shall be located such that there is at least six(6)feet clear and unobstructed passageway between the sidewalk café tables, chairs and barriers and street trees, bike racks, lamp posts,sign posts, and any other fixtures or obstructions. The Community Development Director may require more than six feet if necessary to protect the public safety. The Director may also reduce this requirement where unusual circumstances exist and where public safety would not be jeopardized. 3. The sidewalk café may only be located in the adjacent sidewalk area to the applicant's business, but may extend in front of adjacent businesses with the written consent of both the property owner and the business owner, subject to review by the Community Development Director. 4. The sidewalk café shall be located five feet from driveways and alleys, and ten feet from intersections. These requirements may be modified by the Community Development Director where unusual circumstances exist. 5. The location of the sidewalk café shall be as approved by the Community Development Director. - 10 ATTACHMENT " A 511 B. The Community Development Director shall forward all applications for review by the Police Chief for any business who holds a valid liquor license,or in which alcoholic beverages are intended to be served. 1. The Police Chief upon review of the application will sign the application for concurrence with granting the permit,or; 2. Submit a memorandum of concerns to the Public Works Director for consideration. C. The Community Development Director shall determine the zoning of the request, and decide whether the proposed use is in conformance with the requirements of the Land Use Ordinance. 5.10.080 Liability and Insurance. Prior to the issuance of a permit,the Permittee shall: A. Furnish a signed statement, with the application,that the permittee shall defend, indemnify and hold harmless the City, its officers and employees,from any claims for damages to property or injury to persons which may occur in connection with an activity carried on under the terms of the permit. B. Furnish and maintain such public liability,food products liability, liquor liability and property damages insurance as will protect permittee and City from all claims for damage to property or bodily injury, including death,which may arise from operations under the permit or in connection therewith. Such insurance shall provide coverage of not less than the amount of municipal tort liability under the Oregon Tort Claims Act.Such insurance shall be without prejudice to coverage otherwise existing, and shall name the City, its officers and employees, as additional insured's, and shall further provide that the policy shall not terminate or be canceled prior to the expiration of the permit without 30 days written notice to the City. 5.10.090 Forms and Conditions of Permit. A. Requirements for all sidewalk cafes: 1. Each permit issued shall terminate December 31st of the year in which it is issued. Requests for renewals shall be filed with the Community Development Department after January 1. The Community Development Director may approve, approve with additional conditions, or deny the request for renewal. No application fee shall be required for renewals.An annual permit fee based on the number of seats authorized is due at the time of the initial application and each renewal. 2. The permit issued shall be personal to the permittee only and is not transferable in any manner. 3. The permit may be temporarily suspended by the Community Development Director if the public interest requires use of the right-of-way for a public event, construction, repair, or any other purpose. 4. The permit is specifically limited to the area approved or as modified by the Community Development Director,and will include a diagram indicating the area approved for the sidewalk café and the location of the tables and materials permitted to be in the right-of-way. - 11 ATTACHMENT " 1 " 5. The operation of the sidewalk café shall be such that there is at least six feet from the outermost edge of the sidewalk café to the street curb,that also includes a minimum of five feet clear and unobstructed passageway between the sidewalk café tables, chairs and barriers and street trees, bike racks, lamp posts,sign posts,and any other fixtures or obstructions.The Community Development Director may require increased clearance distances if necessary to protect the public safety. The Director may also reduce these requirement where unusual circumstances exist and where public safety would not be jeopardized. 6. The sidewalk and all things placed there shall at all times be maintained in a clean and orderly condition. Only those things authorized by the permit and shown on the diagram may be stored in the public right-of-way when the sidewalk café is not in operation. Should the permittee not utilize the sidewalk as authorized for a period of 48 hours or more, all the tables and materials shall be removed therefrom. 7. The operation of a sidewalk café requires that trash containers be provided on site. 8. All required building modifications or parking improvements shall be completed prior to the commencement of the operation of the sidewalk café. 9. No signs shall be attached to any furniture, umbrellas,awnings,or other structure related to the operation of the sidewalk café. 10. Smoking shall not be allowed in approved sidewalk café areas. 11. Sidewalk cafes shall be continuously supervised by employees of the establishment. 12. Sidewalk cafes shall meet all requirements of the Jackson County Health Department. 13. Tables,chairs, and other structures associated with the sidewalk café shall be kept free of litter and other debris at all times. 14. Sidewalk cafes and adjoining sidewalks shall remain clear of litter, food scraps, and soiled dishes at all times. Where establishments provide take-out or self-service,an adequate number of employees must be maintained to clear sidewalk cafes on a regular basis. Sidewalk and flooring areas must be cleaned daily, including adjacent sidewalk areas. 15. The sidewalk café permit must be visibly displayed during business hours. 16. The City of Central Point has the right to repeal or amend this Chapter and thereby terminate or modify all sidewalk café operations. No permittee shall obtain any property right in the continued private commercial use of the public sidewalk. B. Businesses which intend to serve alcoholic beverages at the sidewalk café must meet the following additional requirements: 1. The business shall hold a valid Oregon Liquor Control Commission liquor license. 12 ATTACHMENT " A • 2. Storage of containers commonly used for dispensing alcoholic beverages to customers including but not limited to bottles, pitchers, and carafes must be kept inside the business unless an employee is stationed in the outside area at all times. No taps, kegs, coolers, or other alcoholic beverage storage devices are allowed outside on the sidewalk. 3. Sidewalk cafés where alcoholic beverages are served and consumed require supervision by employees of the license business, as required by the Oregon Liquor Control Commission liquor license. 4. All service and consumption of alcoholic beverages at sidewalk cafes shall discontinue by 11 p.m. 5. All alcoholic beverage service providers must also provide food service in the licensed area. 13 ATTACHMENT " " 5.10.100 Denial, Revocation, or Suspension of Permit A. The Community Development Director may deny, revoke, or suspend the permit upon finding that any provision of this chapter or condition of approval will be or has been violated. B. Upon denial, revocation, or suspension the Community Development Director shall give notice of such action to the applicant or permittee in writing stating the action which has been taken and the reason therefor. The action shall be effective immediately, but the applicant or permittee may make written request,within 10 calendar days after the notice is issued,for a hearing by the City Council. Upon hearing the matter,the City Council shall render a final decision concerning the permit. 5.10.110 Penalties. Any violation of this chapter shall be an infraction as defined by CPMC 1.16.010 and punishable by a fine as set forth in that section. The City Manager or his designee is authorized to issue a citation to any person violating the provisions of this chapter. After two infractions, the sidewalk café permit shall be revoked for a period of at least one year. 14 ATTACHMENT " A If Title 9 PUBLIC PEACE, MORALS AND WELFARE1 Chapters: I.OFFENSES GENERALLY 9.02 Definitions II. OFFENSES BY OR AGAINST OFFICERS AND GOVERNMENT 9.04 Fire Equipment and Alarms 9.06 Police Officers 9.08 Prisoners 9.10 Public Records and Notices 9.12 Stop and Frisk 9.14 Criminal Attempt III.OFFENSES AGAINST THE PERSON 9.20 Assault and Battery 9.22 Fraud on Innkeepers 924 Accosting for Deviate Purposes 9.26 Occult Arts IV. OFFENSES AGAINST PUBLIC DECENCY 9.32 Gambling 9.34 Public Indecency 9.36 Obscene Phone Calls 15 ATTACHMENT " A If 9.38 Offensive Substances 9.40 Pig Sties 9.44 Prostitution V.OFFENSES AGAINST PUBLIC PEACE 9.50 Disorderly Conduct 932 Inhaling Vapors 9.54 Intoxication 9.56 Vagrancy VI. OFFENSES AGAINST PROPERTY 9.62 Larceny 9_64 Obstructing Public Passage 9.66 Trespass--Destruction of Property 9.68 Rules and Regulations of Public Parks--Defining and Punishing Certain Offenses against the Public General Welfare - 16 ATTACHMENT " A Chapter 9.54 INTOXICATION"- Sections: 9.54.010 Drinking in public places. 9.54.020 Drunkenness. 9.54.030 Dealings with intoxicated persons. 9.54.010 Drinking in public places. It is unlawful for any person to drink any intoxicating liquor upon any street or in any public place; provided however, that nothing contained in this section applies to the drinking of any intoxicating liquor in any establishment or its associated sidewalk café, wherein the same may be sold for premises consumption under the laws of the state. (Ord. 306 §9, 1951). 9.54.020 Drunkenness. It is unlawful for any person to be found in an intoxicated or drunken condition on any street or in any public place. (Ord. 306 §8, 1951). 9.54.030 Dealings with intoxicated persons. It is unlawful for any pawnbroker,junk dealer, chattel-loan broker or any person to purchase property from any person who is in an intoxicated condition or under the influence of any narcotic drug, or to advance or to loan money to such person or to have any dealings with any such person respecting the title of property. (Ord. 306 §11, 1951). 1 For statutory provisions regarding public intoxication, see ORS 166.035. 17 ATTACHMENT " A Chapter 9.64 OBSTRUCTING PUBLIC PASSAGE1 Sections: 9.64.010 Sidewalks--Obstruction. 9.64.020 Sidewalks--Driving on. 9.64.030 Streets--Deposits of injurious substances. 9.64.040 Streets and sidewalks--Obstruction. 9.64.050 Building entrances--Obstruction. 9.64.060 Leaving cellar doors open. 9.64.010 Sidewalks--Obstruction. It is unlawful for any crowd or collection of persons to gather or to stand upon any sidewalk or street crossing so as to prevent, interrupt or obstruct the travel or free passage over the same by the public or for any person to fail or refuse to disperse or move on when directed to do so by any peace officer. (Ord. 306 §51, 1951). 9.64.020 Sidewalks--Driving on. It is unlawful for any person to ride any horse or other animal or any motor vehicle upon, over or across any sidewalk except where a proper incline or crossing is provided for that purpose. (Ord. 306§47, 1951). 9.64.030 Streets--Deposits of injurious substances. It is unlawful for any person wilfully to place or deposit upon any street or public way any substance tending to mar the appearance or to detract from the cleanliness or safety of such street or public way. (Ord. 306§62, 1951). 9.64.040 Streets and sidewalks--Obstruction. It is unlawful for any person to place or deposit upon any street or sidewalk any article which tends to prevent, interrupt or obstruct the travel or free passage of pedestrian and vehicular traffic. (Ord. 306§52, 1951). Exceptions may be made where a permit has been approved for a Sidewalk Café per CPMC, Chapter 5.10. 9.64.050 Building entrances--Obstruction. It is unlawful for any person to obstruct any entrance to any building or to loiter unnecessarily about or near any entrance, stairway or hall leading to any building. (Ord. 306 §48, 1951). 9.64.060 Leaving cellar doors open. It is unlawful for any person to keep or leave open any cellar door or grating of any kind in or upon any sidewalk except when the same is necessarily open during the immediate use thereof. During such time such opening shall be properly guarded and protected. (Ord. 306§55, 1951). 18 ATTACHMENT " A " AMENDMENT TO MUNICIPAL SIGN CODE Planning Department STAFF REPORT CENTRAL Tom Humphrey,AlcR POINTCommunity Development Director/ STAFF REPORT August 6, 2013 AGENDA ITEM: Consideration of an Intent to Amend Municipal Code Section 15.24 Sign Code; Section 17.67 Design Standards—TOD District and TOD Corridor and to use Reserved Section 17.75.050 Signage Standards to Consolidate All Other References to Signs in the Zoning Code. STAFF SOURCE: Tom Humphrey, Community Development Director BACKGROUND: The Community Development Department has been approached by People's Bank of Commerce about having an electronic sign at their Central Point Branch(Tenth and Pine Streets)the copy of which can be changed intermittently through the use of a pattern of lights in a dot matrix configuration. This type of sign is currently prohibited in the City but the bank's request has led the Department to initiate this discussion about changes that should be made to the municipal code. Signs are actually addressed in multiple locations in the code(as noted in the agenda title)and some sections haven't been updated since they were adopted in the 1960s. Staff formed a focus group of sign manufacturers to offer their professional input to this process. The focus group would like to see the electronic sign prohibition limited to the TOD and not in areas in the vicinity of the freeway.They would also like more flexibility in the TOD relative to lettering dimensions, illumination and materials.Consequently, staff evaluated all references to signs and is prepared to make more extensive changes that are internally consistent within the municipal code. Our intention is to address signs from both a building perspective and a zoning perspective.The new Building Official has edited Chapter 15 (structural) and the Planning Department has edited Chapter 17 (zoning and design)to offer a point of departure for the Commission. ISSUES: The Planning Commission is being presented with selected changes to Chapters 15 and 17. Many of the proposed changes in Chapter 15 (Attachment A) are updates to make the document consistent with the state building code. The one exception is Section 15.24.290 which the focus group would like to see moved to Section 17.67.050.M (Attachment B). Proposed changes in Attachment B address sign and letter dimensions and the way those dimensions are calculated. Sidewalk"A-Board" Signs and banners are proposed to be removed from the prohibited signs list and allowed with conditions. External illumination is better defined to reflect what new businesses in the TOD have been allowed to do with"back lighting". Chapter 17.75.050, Sign Standards (Attachment C) was reserved in the code so that references to signs in the Commercial and Industrial Zones could be consolidated in one location. This would be the time to accomplish this task. 19 As the Commission is aware,the Department of Land Conservation and Development(DLCD)needs to be notified whenever a city proposes changes to either its Comprehensive Plan or Land Use and Development Code. If the Commission is in support of the changes being proposed with this staff report, then a resolution of intent(Attachment D)can be adopted to start the amendment process.The specifics of the amendment need not be discussed at this time but opinions can be offered,direction can be given to staff and an amendment can be initiated. EXHIBITS/ATTACHMENTS: Attachment "A"-Chapter 15.24, Sign Code Attachment`B"-Chapter 17.67, Design Standards(Signs)—TOD District and TOD Corridor Attachment"C"-Chapter 17.75.050, Signage Standards Attachment"D"-Resolution of Intention ACTION: Discuss Sign standards and initiate a Code Amendment by Resolution using the provisions in Chapter 17.96.020. RECOMMENDATION: Deliberate and I)Approve a Resolution of Intention to Amend the Municipal Code; 2)Defer a Resolution of Intention to the City Council with a Recommendation. - 20 Chapter 15.24 SIGN CODE1 Sections: 15.24.010 Title. 15.24.020 Purpose and scope. 15.24.030 Definitions. 15.24.040 Compliance with code. 15.24.050 Permit—Application. 15.24.060 Permit—Exceptions. 15.24.070 Permit—Fees. 15.24.080 Annual license required. 15.24.090 Inspection. 15.24.100 Maintenance. 15.24.110 Location restrictions. 15.24.120 Certain signs prohibited. 15.24.130 Removal of signs. 15.24.140 Removal of unsafe signs. 15.24.150 Signs not be abandoned. 15.24.160 Ground signs. 15.24.170 Roof sign--Materials. 15.24.180 Roof sign--Clearance. 15.24.190 Roof sign--Anchorage and supports. 15.24.200 Roof sign—Cutout displays. 15.24.210 Wall sign--Materials. 15.24.220 Wall sign--Clearance. 15.24.230 Wall sign--Anchorage and supports. 15.24.240 Projecting sign—Materials. 15.24.250 Projecting sign--Thickness limited. 15.24.260 Projection, height and clearance limited. 15.24.270 Blanketing prohibited. 15.24.280 Amount of illumination required. 15.24.290 Certain lights, flashing arrows and devices prohibited. 15.24.300 Plastic and combination plastic and metal signs. 15.24.310 Combination sign—Materials. 15.24.320 Combination sign—Supports. 15.24.330 Combination sign--Thickness. • 21 ATTACHMENT ". P " 15.24.340 Combination sign--Projection limited. 15.24.350 Signs as part of marquee. 15.24.360 Electric sign--Materials. 15.24.370 Electric sign--Construction and installation. 15.24.380 Electric sign--Information required--Removal. 15.24.390 Temporary sign--Size and projection limited. 15.24.400 Cloth signs. 15.24.405 Street banners. 15.24.410 Sign tower--Materials. 15.24.420 Sign tower--Projection limited. 15.24.430 Sign tower--Size limited. 15.24.440 Sign tower--Advertising limited. 15.24.450 Billboard--Size and height of sign face. 15.24.460 Billboard--Cutouts. 15.24.470 Billboard--Density. 15.24.480 Billboard--Illumination. 15.24.490 Billboard--Location. 15.24.500 Nonconforming signs--Removal. 15.24.510 Nonconforming signs--Notification of board of appeals. 15.24.520 Enforcement--Building official. 15.24.530 Board of appeals. 15.24.540 Right of appeal--Procedure. 15.24.560 Sign construction. 15.24.570 Use of glass. 15.24.580 Sign installations not covered by Underwriters Laboratories. 15.24.600 Signs along arterials, collectors and freeways--Restrictions. 15.24.610 Signs along arterials, collectors and freeways--Removal when. 15.24.630 Permits--Expiration. 15.24.010 Title. This chapter shall be known as the Central Point Sign Code, may be cited as such and may be referred to in this chapter as this code." (Ord. 928§1, 1968). 15.24.020 Purpose and scope. A. The purpose of this code is to protect the health, safety, property and welfare of the public by regulating the design, quality of materials, construction, location, electrification, illumination and maintenance of all signs and sign structures not located within a building or affixed to a moving or movable motor vehicle.Whenever the building official is required by the terms of this chapter to exercise his discretion in granting or withholding permission, in approving or disapproving an installation or proposed installation, or in determining whether a sign is so maintained or designed as to violate the ATTACHMENT " A- " - 22 requirements of this code, such discretion shall be exercised in furtherance of the purposes of this chapter herein expressed. B. Nothing in this code permits the erection or maintenance of any sign or sign structure at any place or in any manner unlawful under any other ordinance. C. This chapter shall not be construed to relieve from or lessen the responsibility of any person or persons constructing, erecting, installing, operating, owning or leasing a sign within the city limits for damages to anyone injured by any defect therein nor shall the city or any agent thereof be held as assuming any such liability by reason of the approval and issuance of a permit authorizing construction, erection or installation of the same. (Ord. 928§2, 1968). 15.24.030 Definitions. Words used in the singular include the plural, and the plural the singular.Words used in the masculine gender include the feminine, and the feminine the masculine. As used in this code, unless the context requires otherwise: 1. "Advertising area" means the area of the display surface of a sign plus the area of any cutouts or cutout displays which project beyond the display surface to the extent to which they add to the area of the display surface. 2. "Approved plastic materials" shall be those tested and approved in accordance with ASTM D 635. The use of plastic materials in design and construction shall conform to specifications as set forth in the building code .- -' _ - - - ---, == - •, - •-- - , --- - • - 3. "Billboard" includes printed billboards, poster billboards and multiple-copy billboards. 4. "Blanket or blanketing,"when applied to signs projecting over a public sidewalk, means the partial or complete shutting off of the view of the display surface of a sign by another sign, when viewed by a person standing upon the sidewalk. 5. "Building code" means the adopted Oregon Structural Specialty Code and/or the Oregon Electrical Specialty Code. 6"Building line" means a line established by ordinance beyond which no building may extend. A building line may be a property line. 7. "Building official" means the officer or other person charged with the administration and enforcement of this code or his duly authorized deputy. 23 ATTACHMENT " 4 " 8. "Combination sign" means any sign incorporating any combination of the features of a ground sign, projecting sign, roof sign and sign tower. 9. "Curb line"means the line at the face of the curb nearest to the street or roadway. In the absence of a curb, the curb line shall be established by the city engineer. 10. "Cutout" includes every type of display in the form of letters, figures, characters, representations or others in cutout or irregular forms attached to or superimposed upon a billboard. 11. "Cutout display" includes every type of display in the form of letters, figures, representations or others in cutout or irregular form attached to or superimposed upon a sign other than a billboard. 12. "Display surface" means the area made available by the sign structure for the purpose of displaying the advertising message. 13. "Electric sign" means any sign containing electrical wiring but does not include signs illuminated by an exterior light source. xx. "Facade, principal. The side(s)of the building facing a street. xx. "Façade, secondary. Any side of a building not facing a street. 14. "Ground sign"means a sign which is supported by one or more uprights, poles or braces in or upon the ground other than a combination sign. 15. "Horizontal sign" means a projecting sign other than a vertical sign. 16. "Maintain"means to allow to exist or continue; also, where the context indicates, to keep in a safe, neat and clean condition. 17. "Marquee" means a permanent roofed structure attached to or supported by a building and projecting beyond the building. 18. "Multiple-copy billboard"means a sign supported by a substantial permanent sign structure with a display surface wholly or partially consisting of panels which rotate periodically to show multiple advertising measures. 19. "Noncombustible material" means materials which have been tested and approved in accordance with ASTM E 136. 24 ATTACHMENT " i " 20. "Nonstructural trim" includes the moldings, battens, caps, nailing strips and latticing, letters and walkways which are attached to a sign structure. 21. "Painted billboard"means a sign supported by a substantial permanent sign structure with a display surface which is primarily designed for the purpose of painting and advertising messages thereon. 22. "Painted sign"means any sign, except a temporary sign, the subject matter of which is painted directly upon the surface of a building or structure. 23. "Plastic materials"means those made wholly or principally from standardized plastics listed and described in U.B.C. Standard 52-1-64. 24. "Portable display surface" means a display surface temporarily affixed to a standardized sign structure which is regularly moved from sign to sign at periodic intervals. 25. "Portable ground sign" means a sign which, with its supports and accessories, is designed to be mobile and which is supported by the ground but not affixed to any pole, building or other permanently- located sign-bearing structure. 26. "Poster billboard" means a sign supported by a substantial permanent sign structure with a display surface which is primarily designed for the purpose of posting an advertising message thereon by means of pasting, glueing or similar method. 27. "Projecting sign"means a sign other than a wall sign which projects beyond the building or building line. 28. "Projection" means the distance which a sign extends beyond the building or building line. 29. "Roof sign" means a sign erected upon or above a roof of a building or roof structure. 30. "Royal facing"means a display surface attached to or superimposed upon a billboard, which display surface is not surrounded by a border or trim and which display surface is not a cutout. 31. "Sign" means any medium which is used or intended to be used to attract attention to the subject matter for advertising purposes other than paint or ornamental trim on a building. 32. "Sign structure" means the supports, uprights, braces and framework of the sign. 33. "Sign tower"means a tower erected for the specific purpose of supporting a sign or having a sign attached flat against its face or faces. A sign tower may or may not be an integral part of a building. 34. "Structure" means that which is built or constructed, an edifice or building of any kind or any piece of work artificially built up or composed of parts joined together in some definite manner. 25 ATTACHMENT " A 35. 'Temporary sign" includes any sign, banner, pennant, valance or advertising display constructed of cloth, canvas, light fabric, cardboard, wallboard or other light materials, with or without frames, intended to be displayed for a limited period of time. A temporary sign shall also mean and include any sign or advertising display constructed of metal, wood, masonite, neon, glass, plastic or other permanent material or any combination thereof, either illuminated or non-illuminated, which is not permanently fastened to any sign structure, sign tower or building. 35. "Vertical sign" means a projecting sign having a greater vertical than horizontal dimension. 36. "Wall sign" means any sign painted on, attached to, or erected against the wall or parapet of a building or structure with the exposed face of the sign in a plane parallel to the plane of said wall. (Ord. 928 §3, 1968). 15.24.040 Compliance with code. A. No person shall erect, construct, enlarge, move or maintain any sign or sign structure or permit the same to be done contrary to any of the provisions of this code. B. No person in control of any premises within the city shall permit thereon any sign which violates the provisions of this code. (Ord. 928 §4, 1968). 15.24.050 Permit--Application. A. No person shall erect or construct any sign unless a sign permit has been issued by the building official for such sign. A separate permit shall be required for each sign. Provisions of this section shall apply to existing signs when they are reinstalled or reset. B. No person having a permit to erect the sign shall construct or erect the same in any manner except in the manner set forth in his application for permit therefor. C. No person shall remove or demolish a sign or sign structure without a permit if the sign or sign structure or any part thereof projects over a public street, sidewalk or way, except that this shall not apply to signs for which a permit to erect would not have been required in the first instance. D.Application for a sign permit shall be made in writing upon forms furnished by the building official. Such application shall contain the location of the proposed sign by street and number, the name and address of the sign owner and of the person erecting the sign, the type of construction of the sign, the design and 26 ATTACHMENT " A " dimensions and the type of sign supports, and such other information as may be required by the building official. E. The building official shall require the filing of plans or other pertinent information where, in his opinion, such information is necessary to insure compliance with this code and provisions of the Uniform Building Code regarding construction, materials and safety which he finds to be applicable to the type, size and location of the sign for which the permit is sought. Applicants must be qualified and hold a currently valid license for performing such service in the city; provided that this shall not apply to the owners who are exempt from annual licensing requirements under this chapter. F. The building official shall issue a permit for a sign covered by the application duly made, unless the proposed sign would be in violation of the provisions of this code or the zoning ordinance, or any statute or any ordinance or administrative rule or regulation of the city. G. It shall be the duty of any person to whom such a permit is issued to notify the building official within eighteen hours after the sign has been erected or completed. (Ord. 928 §5, 1968). 15.24.060 Permit--Exceptions. A. The following operations shall not require a sign permit but shall conform to all other applicable provisions of this code: 1. The changing of the advertising copy or message on a painted or printed sign or a billboard or on a theater marquee and similar signs specifically designed for the use of replaceable copy; 2. Painting, repainting, cleaning and normal maintenance and repair of a sign or sign structure unless a structural change is made. B. The following types of signs if located entirely on private property shall be exempt from permit requirements, but shall conform to all other applicable provisions of this code: 1. Announcing Signs. Signs announcing the names of architects, engineers or contractors of a building under construction, alteration or repair and signs announcing the purpose for which the building is intended; provided, such signs shall not exceed fifty square feet in display area and must be removed promptly upon completion of the building involved; 2. Real Estate Signs. Signs not exceeding thirty-two square feet in area advertising the sale, rental or lease of the premises on which they are located; 3. Political Campaign Signs. Signs or posters not exceeding five square feet in display surface, announcing candidates seeking political office. Such signs shall be removed ten days after the election for the office sought; 27 ATTACHMENT " A 4. Memorial Signs. Memorial signs or tablets, names of buildings and date of erection when cut into any masonry surface or when constructed of bronze or other noncombustible ineen4kfetiele materials; 5. Municipal Signs.Traffic or other municipal signs, legal notices or railroad crossing signs; 6. Public Service Signs. Signs of public service companies indicating danger and aids to service and safety; 7. Incidental Signs. Nonelectric signs not exceeding five square feet in display surface indicating services, trading stamps, prices, credit cards or other information relating to products sold or services rendered on premises; 8. Small Signs. Signs not exceeding three square feet in display surface which are nonelectrical and which indicate the name and occupation of building tenants and are attached flat against the building; 9. Public Signs. Signs of a public, noncommercial nature which include safety signs, danger signs, trespassing signs, signs indicating scenic or historic points of interest and all signs erected by a public officer in the performance of a public duty; 10. Room, Board and Rental Signs. Signs on the premises announcing rooms for rent or apartments or houses for rent, not exceeding five square feet in area; 11. Traffic Directing Signs. Nonelectric directional signs indicating traffic movement onto a premises or within a premises not exceeding three square feet for each sign and one such sign per entrance to the premises. Directional signs on paving shall be exempt from the size standards indicated above; 12. Holiday Decorations. Holiday decorations which bear or contain a message, words, pictures or are ornamental using banner, flags, posters, pennants, ribbons, streamers, strings of electric lamp and/or spinner or other illuminated objects of a display nature and which are appropriate to the season or day being celebrated. (Ord. 928§6, 1968). 15.24.070 Permit—Fees. The application for a sign permit shall be accompanied by a fee in accordance with the fee schedule established by this jurisdiction. (Ord. 1781 §5, 1997; Ord. 1391 §7, 1980; Ord. 928 §7, 1968). 15.24.080 Annual license required. A. Except as provided in subsection C of this section, no person shall hang, rehang, paint or repaint, place, construct, install or structurally alter any sign, nor shall any person repair any electric sign, projecting sign, wall sign, roof sign, combination sign, or billboard without first having obtained a license 28 ATTACHMENT ", " for the work froth the recorder. The license shall be in lieu of a business license, which shall not be required unless work beyond the scope of this section is performed. B. The fees for the license required by subsection A of this section shall be according to the schedule for fees for business licenses as set forth in Section 5.04.090 of this code and shall be for the same term as provided therein. It is unlawful for a commercial sign painter to paint or repaint a painted sign without painting thereon his license number. C. Nothing in this code shall prohibit an owner from constructing, hanging, repainting, rehanging, repairing, placing, installing, or structurally altering any sign if: 1. The sign standards set forth in this code have been complied with; 2. The permit to perform the work specified has been issued as provided in this code; and 3. The sign is placed on the premises of the business project or activity to which it refers. For the purposes of this section, an owner is a person who owns or has a controlling interest in the sign and the premises on which it is to be placed, and who is engaged in or has an interest in the business project or property to which the sign refers. D. If a person who has secured a license under the provisions of this section fails to comply with any of the provisions of this code, the council may revoke his license after holding a public hearing thereon. E. Except as permitted under the provisions of subsection C of this section, no license may be issued under this section which would permit anyone to engage in the business of installing or repairing electrically illuminated signs unless such person has a state electrical contractor's license or aad a state limited journeyman sign electrician's license : =• • - - - - -- . :. -- -: as required by ORS 479.630 : :. "_ • :. :• e - •-• - • • (Ord. 1259, 1976; Ord. 928§8, 1968). 15.24.090 Inspection. All signs for which a permit is required may be inspected at least annually by the building official. The building official may inspect footings for ground signs and sign towers. (Ord. 928§9, 1968). 15.24.100 Maintenance. All signs, together with all of their supports, braces, guys and anchors shall be kept in good repair and maintained in safe condition. All signs shall be maintained in a neat, clean and attractive condition. The display surfaces of all signs shall be kept neatly painted or posted. It shall be the duty of the owner, 29 ATTACHMENT " A " lessee or other persons in possession or control of the premises or structure to comply with the requirements of this section. (Ord. 928 §10, 1968). 15.24.110 Location restrictions. A. No sign or sign structure shall be erected or maintained in such a manner so that any portion of its surface or supports will interfere in any way with an exit or fire protection system. B. It is unlawful for any person, except a public officer or employee in performance of official duty, to paste, paint, print, nail, tack or otherwise fasten any card, handbill, sign, poster or advertisement or notice of any kind or cause the same to be done on any curbstone, sidewalk, lamp post, pole, hydrant, bridge or tree upon a public street or upon public property within the corporate limits of the city except as may be required by ordinance of the city or by the laws of the state or of the United States. C. No sign shall be installed on any firewall without the express permission of the director-ef building official safety stated in the sign permit, nor shall any hangers or attachments be fastened to the firewall unless express permission is stated in the sign permit. (Ord. 928 §11, 1968). 15.24.120 Certain signs prohibited. No sign shall be constructed, erected or maintained: A. Unless the sign is so constructed, erected and maintained as to enable it to withstand a wind pressure as required by the building code : . ___ ::_ •:. :: .:. . : :: : : ::..: ..•_.,; B. Which displays to the view of the general public nudity, sado-masochistic abuse, sexual conduct, sexual excitement or which contains obscenities; C.Which purports to be or is an imitation of or resembles an official traffic sign or signal or it bears the words "Stop,""Go Slow,""Caution," "Danger"or similar words or which hides from view any traffic sign or signal. (Ord. 1168 §1, 1974; Ord. 928§12, 1968). 15.24.130 Removal of signs. The building official may order the removal of any sign erected or maintained in violation of Sections 15.24.100 through 15.24.120. The building official shall give thirty days' notice in writing to an owner or other person in control of the building or structure or premises on which the sign is located to remove the sign or bring it into compliance with these sections. If, after thirty days, the sign remains in violation of Sections 15.24.100 through 15.24.120, the building official may remove or authorize others to remove the sign from the premises where installed. The owner of the sign or the owner or person in control of the building, structure or premises to whom such notice has been given shall reimburse the city or others for costs incurred. (Ord. 928 §13, 1968). 15.24.140 Removal of unsafe signs. 30 ATTACHMENT PO If the building official finds that any sign or sign structure is in violation of Section 15.24.100 or subsections A or C of Section 15.24.120 and that by reason of its condition, it presents an immediate and serious danger to the public, he may order its immediate removal or repair within a period of time he may specify. The building official may remove or authorize others to remove such sign in the event that the person responsible for such sign cannot be found or if such person, after notification, refuses to repair or remove it. The owner of the sign or sign structure or the owner of the building or premises shall reimburse the city or others for costs incurred. (Ord. 928§14, 1968). 15.24.150 Signs not to be abandoned. Any person who owns or leases a sign shall remove such sign when either the business it advertises has discontinued business in the city or the business it advertises is no longer conducted in or upon the premises upon which such sign is located. If the person who owns or leases such sign fails to remove it as provided in this section, the building official shall give the owner of the building, structure or premises upon which such sign is located thirty days'written notice to remove it. If the owner fails to remove the sign within thirty days after receipt of written notice from the building official, the building official or his duly authorized representative may remove such sign at cost to the owner of the building, structure or premises.The following signs need not be removed in accordance with this section: A. Billboards where a person has merely leased or contracted advertising space thereon; B. Signs which the successor to the person's business location or business agrees to maintain as provided in Section 15.24.100. Such agreement shall be in writing, signed by the successor and filed with the building official; C. Signs which the owner thereof or the owner of the building, structure or premises on which such signs are located agrees to maintain as provided in Section 15.24.100. Such agreement shall be in writing, signed by the owner and filed with the building official. (Ord. 928 §15, 1968). 15.24.160 Ground signs. A. Materials. Ground signs located in wildfire hazard zones shall be constructed of noncombustible ineembustible materials. Nonstructural trim, portable display surfaces, cutouts, royal facings and cutout displays may be constructed of wood, metal, approved plastic materials or any combination thereof. B. Obstruction of Vision Prohibited. All ground signs shall be so located as not to obstruct pedestrians, or motor vehicle drivers' vision of traffic. C. Portable Electric Ground Signs. No portable electric ground sign shall exceed twenty-five square feet in single face sign area or have a height more than six feet six inches above grade at its highest point. All portable electric ground signs shall be so anchored weighted as to withstand wind pressures as required by the building code . (Ord. 928§16, 1968). 15.24.170 Roof sign--Materials. 31 ATTACHMENT " A " Roof signs in wildfire hazard zones shall be constructed of noncombustible iasembustible materials except nonstructural trim, cutouts, royal facings and portable display surfaces, which may be constructed of metal, approved plastic materials or any combination thereof. (Ord. 928 §17, 1968). 15.24.180 Roof sign--Clearance. Roof signs exceeding five feet in sign height shall have a vertical clearance of not less than five feet between the sign and the roof. No less than fifty percent of the space beneath the sign shall be and remain clear of obstruction. Cutouts and cutout displays may project below the sign as provided in Sections 15.24.210 and 15.24.460, provided that fifty percent of the space below the sign is and remains clear of obstruction.The display surfaces of such signs shall be set back at least three feet from the inside of the parapet or wall adjacent thereto, and the ends of the sign shall be not less than one foot inside the inside face of the parapet or wall adjacent thereto; provided however, if a vertical clearance of at least seven feet above the roof directly beneath the sign is maintained, the display surface and the ends of a roof sign may project to but not overhang the firewall. (Ord. 928§18, 1968). 15.24.190 Roof sign--Anchorage and supports. Roof signs shall be thoroughly secured to the frame of the building over which they are constructed and erected. Roof signs shall be supported on and attached to the building by a suitable frame which shall be positively anchored to the main structural members of the building which may be designed for this additional load; or the signs shall be designed with their own supports. Sills and stringers used for anchorage of the frames supporting the sign connected to the structural framework shall be of heavy timber with a minimum dimension of six inches or of noncombustible materials protected with rust- inhibiting or oxidizing retardant coatings. (Ord. 928 §19, 1968). 15.24.200 Roof sign--Cutout displays. Cutout displays constructed of noncombustible insembustitble materials may be maintained in conjunction with, attached to or superimposed upon any roof sign subject to the following conditions: A. Cutout displays shall not extend more than one and one-half feet above the top of the upper ornamental moldings. B.The total surface area of the solid portions of cutout displays projecting beyond the top, bottom or side moldings shall not exceed thirty-three percent of the total area of the display surface of the sign to which they are attached. (Ord. 928§21, 1968). 15.24.210 Wall sign--Materials. Wall type electric signs shall be constructed of noncombustible iasembustible materials. Nonstructural trim, portable sign display surfaces and cutout displays may be constructed of metal, approved plastics or any combination thereof. (Ord. 928§22, 1968). 15.24.220 Wall sign--Clearance. 32 ATTACHMENT " A Wall signs which project over public property shall have a clearance of eight feet six inches over a sidewalk or street; provided however, that wall signs with work platforms shall have a vertical clearance of fourteen feet over a sidewalk or street. (Ord. 928 §23, 1968). 15.24.230 Wall sign--Anchorage and supports. Wall signs shall be securely affixed to the wall of the building or structure to which they are attached. (Ord. 928§24, 1968). 15.24.240 Projecting sign—Materials. Projecting signs shall be constructed of noncombustible incombustible materials except nonstructural trim, cutout displays and portable display surfaces, which may be constructed of metal, approved plastics or any other combination thereof. The building official may allow the use of wood or other combustible materials in signs which project over a public sidewalk if he finds: A. That such sign is properly designed and constructed, and will be safely secured and anchored; B. That the illumination of such sign would not produce a glare into a public street; C. That the use of such materials is necessary to carry out a special effect, an architectural scheme including the building and sign or an overall design including the building and sign; D. That there is no safety hazard involved. (Ord. 928§26, 1968). 15.24.250 Projecting sign—Thickness limited. The thickness of a projecting sign shall not exceed three feet nor be less than three inches minimum except that signs projecting not over eighteen inches shall have no minimum thickness limitations. (Ord. 928§27, 1968). 15.24.260 Projection, height and clearance limited. A. Projecting signs other than illuminated signs shall have a maximum area of thirty-two square feet. B. No sign or sign structure shall project into any public alley more than eighteen inches or below a height of eight feet six inches above grade unless the bottom of the sign or sign structure is placed a minimum of fourteen inches above grade. C. No projecting sign shall project a greater distance than that set forth in Table No. A. TABLE NO.A PROJECTION OF SIGNS OVER PUBLIC PROPERTY Clearance Maximum Projection of Maximum Projection of Vertical Signs or Portions Thereof 3 3 ATTACHMENT " A " Between Bottom of Horizontal Signs Sign or Portion Thereof and Grade Below Below 8 feet 6 Not Permitted Not Permitted inches 8 feet 6 inches to 3 feet Not Permitted 10 feet 10 feet 3 feet 4 feet 6 inches 10 feet to 32 feet 8 feet 0 inches or within 2 4 feet 6 inches plus an additional 6 inches for each foot of feet inside the curb line, clearance above 10 feet over the grade below up to a maximum whichever is less of 8 feet, or two feet inside of curb line, whichever is less. Over 32 feet 8 feet or within 2 feet inside 8 feet or within 2 feet inside the curb line,whichever is less. the curb line,whichever is less. D. The inner edge of a projecting sign shall not be more than six inches from the property line. E. Where an existing projecting sign meets the requirements of this section, and the curb line is moved closer to the property line, the sign shall be considered to be within the requirements of this section if the sign does not extend beyond said new curb line and the sign is of a height of more than thirteen feet six inches above the street grade. (Ord. 928 §28, 1968). 15.24.270 Blanketing prohibited. For the purpose of preventing the blanketing of one sign by another, the following provisions regulating the size of a sign according to its location shall govern: A. The maximum height of a sign erected at or below ten feet between the bottom of the sign and the grade below shall be thirty inches. Between ten feet and twenty feet from the bottom of the sign and grade below, an additional three inches of height may be added for each additional foot of clearance above grade. B. No projecting sign, except a wall sign, shall be erected in the same horizontal plane as an adjacent sign, unless the signs are spaced the following distances apart, measured center to center: 1. Sign projects three feet or less, spacing ten feet; 2. Sign projects three feet to four feet, spacing twenty feet; 3. Sign projects four feet to six feet, spacing twenty-five feet; 4. Sign projects more than six feet, spacing thirty feet. 34 ATTACHMENT " A C. Any projecting sign erected at a shorter distance apart than required by subsection B of this section shall be erected above the top edge or below the bottom edge of the adjacent sign. The vertical distance above or below the adjacent sign shall be at least one-fourth of the spacing distance required by subsection B for the same projecting sign if erected in the same horizontal plane, minus "D,"where "D" equals the horizontal distance between the adjacent signs. (Ord. 928§29, 1968). 15.24.280 Amount of illumination required. The amount of illumination required on all illuminated sidewalk projecting signs shall be as follows: A.When luminous gas lamps of the fluorescent type, designed for an open circuit voltage of one thousand volts or less, are employed in the interior of a sign to illuminate said sign, as permitted in Section 15.24.300, there shall be provided at least one-half foot of tubing for each square foot of total sign area so illuminated. B.When luminous tubing of neon type is employed in the interior of a sign to illuminate said sign, as permitted in Section 15.24.300, there shall be provided at least one foot of tubing for each square foot of total sign area so illuminated. C. When incandescent lamps are employed in the interior of a sign to illuminate said sign, as permitted in Section 15.24.300 there shall be provided not less than ten watts for each square foot of total sign area so illuminated. The maximum rating of individual lamps used for interior sign illumination, as permitted in Section 15.24.300. shall be forty watts. D. When luminous tubes are mounted on the sign surface for sign illumination, there shall be provided at least one foot of tubing for each square foot of total sign area so illuminated. This provision shall not apply where luminous tubes are used for decorative purposes or on signs having the required amount of surface mounted incandescent lamp illumination. Where the incandescent lamps are employed on the sign surface for sign illumination, the combined wattage of the lamps shall be not less than ten watts for each square foot of total sign area so illuminated. The maximum rating of individual lamps shall be forty watts when mounted on the display surface of the sign. E. When colored globes or caps are used on exterior lamps, the total wattage of lamps shall be increased twenty-five percent. F. When incandescent lamps are used in borders, chasers and effects, they shall be spaced not to exceed ten inches center to center. G. Sign illumination shall be distributed over at least two-thirds of the area of the sign. (Ord. 928§30, 1968). 15.24.290 Certain lights,flashing arrows and devices prohibited. It is unlawful for the following to be erected or to be maintained except as otherwise provided in this chapter. 35 ATTACHMENT "_ R A. A sign that interferes in any way with a traffic control sign or device or prevents clear and unobstructed view of official traffic control signs or devices or approaching or merging traffic; B. A sign on which copy is created through the use of a pattern of lights in a dot matrix configuration, which may be changed intermittently; except that any existing sign now violating this section after having been previously authorized and erected, shall not be deemed unlawful; C.A sign that contains, includes or is illuminated by any flashing or revolving, rotating or moving light or moves or has any animated or moving parts. This subsection does not apply to traffic control signs or devices; and D.A sign with lighting which is not effectively shielded as to prevent beams or rays of light from being directed at any portion of the main traveled right-of-way of a state highway, or an arterial street, or is of such low intensity or brilliance as not to cause glare or to impair the vision of the driver of a motor vehicle or otherwise to interfere with the operations thereof. For purposes of this section, "traffic control sign or device" means a sign erected by the city of Central Point, Jackson County, the state of Oregon or the United States, (Ord. 1902§1, 2007; Ord. 928§31, 1968). 15.24.300 Plastic and combination plastic and metal signs. Notwithstanding any provisions of Section 15.24.280, plastics, except those having a nitrocellulose base, may be used in panels, letters, decorations and facings. The provisions of Section 15.24.280 requiring exterior illumination or mounting of incandescent lamps or luminous tubes on the surface of a sign shall not apply to that portion of a sign equipped with plastic panels, letters, decoration or facings illuminated from the interior. The interior illumination of such portions of a sign so equipped may be solely by incandescent lamps mounted on the interior of the sign. Where a sign is so constructed that a portion of such sign is permitted to be provided with interior illumination and a portion of the same sign is required to be provided with exterior illumination, then the amount of illumination for the entire sign as set forth in Section 15.24.280 shall be determined by applying the formula for each type of illumination required or permitted to that portion of the sign surface so illuminated. (Ord. 928 §32, 1968). 15.24.310 Combination sign--Materials. Combination signs shall be constructed of noncombustible incombustible materials except nonstructural trim and the portable display surfaces of signs, which may be constructed of metal, approved plastic material or any combination thereof. (Ord. 928 §33, 1968). 15.24.320 Combination sign--supports. All supports of combination signs shall be placed in or upon private property and shall be securely constructed and erected. (Ord. 928 §34, 1968). 15.24.330 Combination sign—Thickness. 36 ATTACHMENT " 4 " The thickness of that portion of a combination sign which projects over public property shall not exceed a maximum of three feet. (Ord. 928§35, 1968). 15.24.340 Combination sign--Projection limited. Combination signs may project over public property or beyond a building line as set forth in Table No. A in Section 15.24.260. (Ord. 928§36, 1968). 15.24.350 Signs as part of marquee. Signs may be placed on, attached to or constructed in a marquee. Such signs shall,for the purpose of determining projection, clearance, height and material, be considered a part of and shall meet the requirements of a marquee as specified. If any part of the sign extends below the marquee itself, a marquee sign having letters more than seven inches in height shall be illuminated as required for electrical signs over sidewalks. Where a sign is attached to a marquee, the sign or the face of the marquee, including the sign, shall not exceed three feet in height; provided, that an electrical marquee sign not exceeding four feet six inches in height with removable letters may be permitted if it is illuminated as required for signs projecting over sidewalks. No marquee shall be used for general advertising purposes. No wooden sign shall be attached to a marquee. No sign bearing on a marquee shall be installed until the approximate weight of the sign has been submitted to the building official and a permit has been issued expressly granting permission to install a sign bearing on the marquee. (Ord. 928§37, 1968). 15.24.360 Electric sign--Materials. Electric signs shall be constructed of noncombustible incombustible materials, metals, approved plastic material or any combination thereof. (Ord. 928§38, 1968). 15.24.370 Electric sign--Construction and installation? Electric signs shall be constructed and installed in accordance with the building code.requirements-0 - •- - •: : : _:•-:: _:• • . _. - _ (Ord. 928 §39, 1968). 15.24.380 Electric sign--Information required--Removal. Every electric sign shall have placed within easy view the name of the sign erector. The building official may order the removal of any sign which does not conform to this section upon thirty days' written notice to the person responsible for maintaining the sign. If the person responsible for maintaining the sign cannot be found and notified, the building official may order the owner of the building, structure or premises upon which such sign is located to remove the sign upon thirty days' S7 ATTACHMENT " A " written notice. if the sign is not made to comply with this section and is not removed within thirty days after notice is given, the building official shall have the right to remove, or cause its removal, and the owner of the sign or of the buildings or structure shall reimburse the city for the cost of such removal. Where any violation of the provisions hereof is such as to constitute an immediate and serious danger to the public within the meaning of Section 15.24.140, the notice provisions hereof shall not apply and Section 15.24.140 shall be applicable. (Ord. 928§40, 1968). 15.24.390 Temporary sign—Size and projection limited. A. Temporary signs shall comply with the sign requirements of the zoning ordinance. B. Temporary signs, other than cloth, which have a vertical clearance of eight feet six inches or more above the ground may project not more than six inches over the property line. C. Temporary illuminated signs must have a vertical clearance of not less than eight feet six inches above established grade. D. Wiring shall comply with the building code. ' . • : ' ' ' • •: e : •_ -_: : _ . . (Ord. 928§41, 1968). 15.24.400 Cloth signs. Every temporary cloth sign shall be properly supported and securely attached. Cloth signs and panels shall be perforated over at least ten percent of their areas to reduce wind resistance. Cloth signs may extend across a public street only in accordance with Section 15.24.405 of this chapter. (Ord. 1740 §1, 1996; Ord. 928§42, 1968). 15.24.405 Street banners. A. Banners may be installed across Pine Street only, and may hang for no more than thirty days. B. Only Central Point-based, nonprofit organizations may hang banners, and scheduling shall be done on a first-come, first-served basis. C. Subject to city approval, installation of the banner, including the costs thereof, shall be the responsibility of the applicant. D. Banners must be constructed according to the specifications therefor set forth in the city's Uniform Standard Details for Public Works Construction Manual, Uniform Standard Details section. E. No politically-oriented messages of any kind will be permitted on street banners. F. No religious symbols or messages will be allowed if the primary message or effect of the symbol or message is either the advancement or inhibition of religion. G. All persons or organizations wishing to hang a street banner shall complete an application furnished by city staff, and shall agree to indemnify and hold harmless the city of Central Point for any and all damages 38 ATTACHMENT " A 'r or claims brought by the applicant or third persons relating to the hanging of the banner. (Ord. 1826, 2002; Ord. 1740§2, 1996). 15.24.410 Sign tower--Materials. Sign towers built as an integral part of a building may be constructed of the same materials as the building. Sign towers separate from a building shall be constructed of noncombustible materials. (Ord. 928§43, 1968). 15.24.420 Sign tower--Projection limited. Sign towers shall not project over public property. (Ord. 928§44, 1968). 15.24.430 Sign tower--Size limited. The horizontal dimension parallel with the wall of a building on which a sign tower is erected shall not exceed fifty percent of the length of that wall. (Ord. 928 §45, 1968). 15.24.440 Sign tower--Advertising limited. A. Sign towers built as an integral part of a building shall be used only for signs which advertise identification of the business goods manufactured or sold or services rendered on the premises. B. Sign towers which are not an integral part of a building may be used for signs which advertise the sale of goods sold or services rendered both on or off the premises. (Ord. 928 §46, 1968). 15.24.450 Billboard--Size and height of sign face. Billboards shall not exceed the following heights and overall area limitations, which limitations include the height an area of border and trim but exclude cutouts, supports and foundations: A. Painted billboards shall not have a display surface exceeding fifteen feet in height or seven hundred fifty square feet in area. B. Poster billboards shall not have a display surface exceeding fifteen feet in height or three hundred twenty-five square feet in area. C. Multiple copy billboards on which a portion of the display surface consist of rotating panels shall be limited to the height and area allowed to either the painted billboard or poster billboard to which the rotating panel display is attached. D. On multiple copy billboards on which the entire display surface consists of rotating panels, no display surface shall exceed fifteen feet in height or seven hundred fifty square feet in area. (Ord. 928§47, 1968). 15.24.460 Billboard--Cutouts. Cutouts securely affixed to billboards shall be permitted but shall not be permitted to project more than five and one-half feet above, nor more than four feet below, nor more than four feet to either side of the billboards to which they are attached.The surface area of cutouts projecting beyond the borders of 39 ATTACHMENT `r A " billboards shall not exceed one-third of the area of the billboards to which they are attached. (Ord. 928 §48, 1968). 15.24.470 Billboard—Density. There shall be no more than four billboard display surfaces on which an advertising message thereon can be read by traffic moving in one direction in a linear distance of six hundred feet measured parallel to the centerline of the street. For the purpose of measurement, billboard display surfaces on both sides of the street shall be considered as if they were in a single line on one side of the street. (Ord. 928 §49, 1968). 15.24.480 Billboard--Illumination. Billboards may be illuminated by internal or external light sources. If an internal light source is used, either in billboard or in cutouts attached thereto, the billboard or cutouts shall conform to Sections 15.24.370 and 15.24.380 . (Ord. 928§50, 1968). 15.24.490 Billboard—Location. Billboards shall be a permitted use of property and shall comply with the requirements of the zoning ordinance. (Ord. 928§51, 1968). 15.24.500 Nonconforming signs—Removal. All signs which do not conform to provisions of this code, but which conformed to previous regulations may be continued for a period of ten years from the effective date of the ordinance codified herein, if properly repaired and maintained as provided in this code; provided however: A.Any sign erected or maintained in violation of Section 15.24.100(regarding maintenance of signs) or of subsection A or C of Section 15.24.120 (regarding wind load and traffic safety), which sign by reason of its condition presents an immediate and serious danger to the public, shall be removed immediately as provided in Section 15.24.140. B. Any sign erected or maintained in violation of Sections 15.24.100 through 15.24.120 shall be removed as provided in Section 15.24.130. C. Any such nonconforming sign which is structurally altered, relocated or replaced shall immediately comply with all provisions of this code; provided however: 1. Such signs may be structurally altered where such alteration is necessary for structural safety. 2. Such signs may be reconstructed at the same site if they are damaged or destroyed by an act of God or an accident or are moved for construction or repair of public works and such construction is completed within one year from the date of the damage, destruction or removal of the sign. D. No sign shall be maintained in violation of Sections 15.24.150, subsections A through D of Section 15.24.290, Section 15.24.380 and Section 15.24.400. (Ord. 928§52, 1968). 40 ATTACHMENT " P 11 15.24.510 Nonconforming signs--Notification of board of appeals. If the building official finds that two or more signs are in violation of provisions of Section 15.24.270 or Section 15.24.470, he shall, upon request of an interested person, notify the sign code board of appeals of the violation. The sign code board of appeals shall accord all interested persons a full opportunity to be heard and shall thereafter make a finding as to the date of erection of each of the signs.The first erected sign or signs may remain. The other signs shall be considered nonconforming signs which may remain only as provided in Section 15.24.500. This section shall apply only to signs in existence on the effective date of the ordinance codified in this chapter. (Ord. 928§53, 1968). 15.24.520 Enforcement--Building official. The building official is authorized and directed to enforce all of the provisions of this code. Upon presentation of proper credentials, the building official or his duly authorized representatives may enter at reasonable times any building, structure or premises in the city to perform any duty imposed upon him by this code. (Ord. 928§54, 1968). 15.24.530 Board of appeals. A. There is created a board to be known as the sign code board of appeals, hereinafter referred to as "the board."The board shall consist of the members of the Central Point city council. B. No member of the board shall act in any case in which he is personally interested. (Ord. 1902 §2(part), 2007; Ord. 965, 1969; Ord. 961, 1969; Ord. 928 §55, 1968). 15.24.540 Right of appeal--Procedure. A. Any person who has been ordered by the building official to incur an expense for the alteration or removal of any sign, or any person whose application for a permit for a sign has been refused, may appeal to the board by filing written notice with the city recorder within seven days of the transmittal of the order or denial. B. Any person appealing from an order or action of the building official shall, upon forms supplied by the building official, file a notice of appeal and shall accompany the notice with a check in the amount defined in the city's adopted fee schedule. If the appeal is sustained, the check shall be returned to the applicant but if the appeal is not sustained, the check shall be retained by the city as its reasonable costs of processing the appeal. C. Upon the filing of a notice of appeal, the building official shall take no further action with regard to the sign involved until the final decision of the board on the appeal unless the building official finds that the sign involved, by reason of its condition, presents an immediate and serious danger to the public, in which case, he shall proceed immediately as provided in Section 15.24.140. (Ord. 1902 §2(part), 2007; Ord. 928 §56, 1968). 15.24.560 Sign construction. 41 ATTACHMENT " P If A. Signs erected over sidewalks or roofs shall be constructed as follows: Entirely of metal; sheet copper shall be at least twenty once (.028 inch); sheet steel may be No. 28 USS gauge(.0149 inch) except that for outline lighting and for electric discharge signs sheet metal shall be No. 24 USS gauge(.0239 inch), unless ribbed, corrugated or embossed over its entire surface, when it may be of No. 26 USS gauge (.0179 inch). The frame shall be constructed of angles or other rolled steel shapes or galvanized iron not thinner than No. 20 USS gauge bent into the frame of angles or other shapes. The parts of the frame shall be riveted, welded or bolted together. Metal covering shall be attached to the frame by clinching, riveting or bolting the edges together in a substantial and water-tight manner. B. The building official may allow the use of materials or construction techniques other than those provided in this code provided he finds that such materials or construction techniques are at least equally safe. The building official may require the submission of data, tests or other information he deems necessary to determine the suitability and safety of such materials or construction techniques. The building official may himself test or submit for test or analysis to competent testing agencies such material or construction techniques. The applicant who seeks to use such materials or construction techniques shall pay all costs involved. (Ord. 928 §58, 1968). 15.24.570 Use of glass. The use of glass in signs is prohibited except: A. Glass in which wire mesh is embedded, but the wire mesh shall not exceed seven hundred twenty square inches in area of forty-eight inches in any dimension for any piece; B. Pieces of glass not less than one-eighth of an inch thick covered with metal except for areas cut out to form letters or numerals, but the area of the piece of glass shall not exceed three hundred twenty-four square inches; C. Tempered glass manufactured in such a way that shattering produces pieces not more than one-fourth inch in width, surface dimension; D. Neon tubing and fluorescent or incandescent lamps. (Ord. 928§59, 1968). 15.24.580 Sign installations not covered by Underwriters Laboratories. This section covers all outline lighting and general illumination operating at five thousand volts or more. This includes but is not limited to all types of outline lighting, marquee illumination, trim and copy on marquee, skeleton glass tubing placed on a building for the purpose of illumination of letters, pictorials, outline or trim. All installations covered by this section shall conform to the regulations set forth below and any installation of this type not under this section shall conform to the electrical code of the state governing these installations. A.All conductors carrying a voltage of five thousand volts or more shall be of a type approved under the electrical code of the state as to size and voltage rating for the voltage conducted. 42 ATTACHMENT " A " B. All conductors carrying five thousand volts or more shall be installed in rigid metal conduit, electric metallic tubing or metal troughing. Flexible metal conduit may be used where there is no danger of mechanical injury and if exposed to weather in any portion must be used only in conjunction with lead armored cable. Open wiring is not acceptable. All conduits must have a continuous ground. C. All conduits shall terminate in terminal boxes which comply with the electric code.standards-of the D. Not more than twenty feet of cable from a single transformer shall be run in any metal raceway where the potential between the cable and the raceway is five thousand volts or more. E.Transformers used outdoors shall be of a type approved under the provisions of the electrical code of the state and shall contain at least two drain holes at the bottom which are three-eighths to three-quarters inch in diameter. F. All tubing terminals shall terminate in: 1. Noncombustible nonabsorbative receptacles; or 2. Terminal boxes as provided in subsection C of this section; or 3. A metal troughway. (Ord. 928 §60, 1968). 15.24.600 Signs along arterials, collectors and freeways--Restrictions. Notwithstanding any other provision contained in this code, any sign visible from an arterial, collector or freeway shall comply with the following provisions: A. No more than one freestanding sign per parcel or lot; B. The sign shall be no higher than sixty feet from existing grade; and C. Contain not over one hundred square feet of advertising surface. All applicable strength and safety requirements shall apply to signs placed under this section. (Ord. 1902 §3(part), 2007; Ord. 1823 §2, 2001; Ord. 1710 §2, 1994; Ord. 928§62, 1968). 15.24.610 Signs along arterials, collectors and freeways--Removal when. A sign for which a permit has become validly granted but which sign does not conform to Section 15.24.600 shall not be continued after October 1, 1968, or until said sign is removed, whichever occurs earlier. If such nonconforming sign is in existence on October 2, 1968, the city manager shall notify, in writing, the holder of the permit for such sign to remove the same within fifteen days. If upon the expiration of said fifteen-day period the sign is not removed, the city may remove the same and said permit holder shall be liable to the city for the costs of removal. (Ord. 1902 §3(part), 2007; Ord. 928 §63, 1968). 43 ATTACHMENT " R " 15.24.630 Permits--Expiration. Every permit issued by the building department under the provisions of this code shall expire and become void if the building or work authorized by such permit is not commenced within one hundred eighty days from the date of such permit, or if the building or work authorized by such permit is suspended or abandoned at any time after the work is commenced for a period of one hundred eighty days. Before such work can be recommenced, a new permit shall be obtained. (Ord. 1902 §3(part), 2007; Ord. 928 §66, 1968). 1 For statutory provisions restricting the placing of signs near highways, see ORS 377.715 et seq. 2 Ordinance 726 was repealed by Ord. 1167. 44 ATTACHMENT r'- " Chapter 17.67 DESIGN STANDARDS--TOD DISTRICT AND TOD CORRIDOR Sections: 17.67.010 Purpose. 17.67.020 Area of application. 17.67.030 Conflict with other regulations. 17.67.040 Circulation and access standards. 17.67.050 Site design standards. 17.67.060 Public parks and open space design standards. 17.67.070 Building design standards. 17.67.010 Purpose. The purpose of the Central Point TOD district and TOD corridor design standards is to complement and support efficient and sustainable land development, to reduce auto reliance and to increase transit use as required by the Oregon Transportation Planning Rule. (Ord. 1815§1(part), Exh. C(part), 2000). 17.67.020 Area of application. These regulations apply to the Central Point TOD district and TOD corridor. The boundaries of the district and corridor are shown on the official city zoning map. (Ord. 1815§1(part), Exh. C(part), 2000). 17.67.030 Conflict with other regulations. When there is a conflict between the provisions of this chapter and other requirements of this title, the provisions of this chapter shall govern. (Ord. 1815 §1(part), Exh. C(part), 2000). 17.67.050 Site design standards. M. Signs. 1.The provisions of this section are to be used in conjunction with the city sign regulations in the Central Point Sign Code, Chapter 15.24. The sign requirements in Chapter 15.24 shall govern in the TOD district and corridor with the exception of the following: a.The types of signs permitted shall be limited only to those signs described in this chapter. b.All signs in the TOD district and corridor shall comply with the design standards described in this chapter. c. Decorative exterior murals are allowed and are subject to review and criteria by planning commission or architectural review committee appointed by city council. d. Signs that use images and icons to identify store uses and products are encouraged. e. Projecting signs located to address the pedestrian are encouraged. 4 5 ATTACHMENT " " 2. Sign Requirements. LMR, MMR, HMR(a),C.and OS Sign Type EC and GC Zones Zones Freestanding Maximum Number 1 1 Height 4 feet. 20 feet. Sign area per 16 square feet. 50 square feet. building face Total sign area— 32 square feet. 100 square feet. all building faces Location At entry point(s)to housing complex or Outside of the public right-of-way. subdivision. Wall and Projecting Maximum Number 1 No limit. Height Lowest part at least 8 feet above Lowest part at least 8 feet above underlying grade for underlying grade for projecting signs. projecting signs. Sign area per 8 square feet. Principal facade; 1-1/2 square feet for each linear foot building face of business frontage, not to exceed 2 square feet of frontage if 20'from r-o-w. Secondary facade; 2 square feet of linear business frontage ' • . •• Total sign area-- 16 square feet. -- - all building faces Determined by linear distance of building frontage. Location Signs shall not project more than 4 Signs shall not project more than 4 feet from a feet from a building wall unless building unless attached to a canopy. attached to a canopy. Temporary*** Maximum Number A maximum of 2 lawn signs are 4 permitted. All other temporary signs are not permitted. Height 3 feet maximum. 4 feet for freestanding signs and up to parapet or roof 46 ATTACHMENT r" :P) eaves for wall signs. Sign area per 6 square feet. 32 square feet. face Total sign area— 24 square feet. 64 square feet. all faces Location Outside of the street right-of-way. Outside of the street right-of-way. Time limit 120 days. 120 days. Directional Maximum Number 1 sign per driveway. 2 signs per driveway. Height 3 feet. 3 feet. Sign area per 6 square feet. 6 square feet. building face Total sign area-- 24 square feet. 32 square feet. all building faces Location Adjacent to private driveway or Adjacent to private driveway or sidewalk. sidewalk. Total Sign Area 8 square feet in LMR Per Lot 32 square feet in MMR, HMR, C, and Determined by linear foot of business frontage, All sign faces OS. distance from setback and facades. Note: *For ground floor commercial uses in HMR. **For residential uses in HMR. "'Sidewalk A-board signs(1)within fixed dimensions(24"x36")and not obstructing public right-of-way(indefinite); ***Temporary commercial banners to promote grand openings, 30-60 days per year max.with planning permit. 3. Sign materials. a.The base materials for a freestanding sign shall be natural materials including stone, brick, or aggregate. 47 ATTACHMENT " n c. -'-• :• : '•: . • - :: ee : _' '--• :. .. • .. _.. ". . _ e- . Building/sign proportionality. d. Sign illumination shall be limited to external illumination to include conventional lighting and neon, if neon is applied to the sign plane area. External illumination is understood to include 'back lit'or'halo' lighting. . 4. Prohibited Signs. a. Internally-illuminated signs; b. Roof signs; c. Reader boards; d. ; e. Flashing signs; f. Electronic message/image signs on which copy is created through the use of a pattern of lights in a dot matrix configuration, which may be changed intermittently; g. Bench signs; h. Balloons or streamers; i. . (Ord. 1815§1(part), Exh. C(part), 2000). ATTACHMENT " " 48 Chapter 17.75 DESIGN AND DEVELOPMENT STANDARDS Sections: 17.75.010 Purpose. 17.75.020 Applicability. 17,75.030 Site design and development standards. 17.75.031 General connectivity, circulation and access standards. 17.75.033 Residential site design and development standards. 17.75.035 Commercial site design and development standards. 17.75.037 Industrial site design and development standards. 17.75.039 Off-street parking design and development standards. 17.75.040 Building design standards. 17.75.041 Residential building design standards. 17.75.042 Commercial building design standards. 17.75.043 Industrial building design standards. 17.75.050 Signage standards. 17.75.060 Exceptions. 17.75.070 Definitions. 17.75.010 Purpose. The purpose of this chapter is to set forth clear and objective design and development standards to facilitate the submittal and review of development proposals in a manner that implements the goals and policies of the comprehensive plan to maintain and enhance the city's small town environment. The standards set forth in this chapter are considered minimums and may be, on a case by case basis, supplemented by the approving authority as necessary to mitigate impacts on abutting property that are unique to the proposed development. (Ord. 1946 (part), 2011). 17.75.050 Signage standards. Reserved. (Ord. 1946(part), 2011). 49 ATTACHMENT " C " Signs within the C-2(M)and C-5 district shall be limited to the following: A. No illuminated signs or lighting standards used or the illumination of premises shall be designed and installed so that direct rays are toward or parallel to a public street or highway or directed toward any property that lies within a residential district. B. No red,green or amber lights or illuminated signs may be placed in such a location or position that they could be confused with, or may interfere with, any official traffic control device, traffic signal or directional guide signs. Signs within the M-1 and M-2 district shall be limited to the following: A. 1. Permitted signs shall contain not more than one hundred square feet of surface area on any one side, or an aggregate of two hundred square feet of surface on all sides which can be utilized for display purposes; 2. Lighted signs shall be indirectly illuminated and nonflashing; 3. Identification signs shall be permitted within any required setback areas provided it does not extend into or overhang any parking area, sidewalk or other public right-of-way; 4. Signs located within vision clearance areas at intersections of streets shall conform to Section 17.60.110. B. Signs advertising the property"for rent"or for sale" shall not exceed four square feet of area on any one side and one such sign shall be permitted for each street frontage Signs within the BCG, Bear Creek Greenway district shall be limited to the following: A. All signs shall be designed for maximum visual and aesthetic compatibility with the greenway environment and are subject to planning commission review and approval 50 ATTACHMENT " G " Chapter 17.37 C-2(M), COMMERCIAL-MEDICAL DISTRICT Sections: 17.37.010 Purpose. 17.37.020 Permitted uses. 17.37.030 Conditional uses. 17.37.040 Height regulations. 17.37.050 Area, width and yard requirements. 17.37.060 Signage Standards . 17.37.070 Off-street parking. 17.37.010 Purpose. The C-2(M)district is intended to assure that adequate medical care will be available to the residents of Central Point and enhance Central Point's attractiveness as a location for private medical practices and other health facilities, both public and private, that may be directly or indirectly related to hospital-type activities. (Ord. 1684 §43(part), 1993). 17.37.060 Signage Standards . 6067 Signs in the C-2(M)district shall be permitted and designed according to the provisions of Chapter 15.24, Sign Code and Section 17.75.050 Signage Standards 17.60.110. (Ord. 1684§43(part), 1993). 51 ATTACHMENT " C- " Chapter 17.44 C-4, TOURIST AND OFFICE-PROFESSIONAL DISTRICT Sections: 17.44.010 Purpose. 17.44.020 Permitted uses. 17.44.030 Conditional uses. 17.44.040 Site plan and architectural development standards. 17.44.050 General use requirements. 17.44.060 Signage standards. 17.44.070 Off-street parking. 17.44.010 Purpose. The C-4 district is intended to provide for the development of concentrated tourist commercial and entertainment facilities to serve both local residents and traveling public, and also for the development of compatible professional office facilities. C-4 development should occur at locations that will maximize ease of access and visibility from the Interstate 5 freeway and major arterial streets and to be convenient to the users of Expo Park, the airport, and downtown. (Ord. 1946(part),2011; Ord. 1882(part), 2006; Ord. 1436§2(part), 1981). 17.44.060 Signage standards. Signs in the C-4 district shall be permitted and designed according to provisions of Section 17.75.050, Signage standards, and Chapter 15.24, Sign Code. (Ord. 1946 (part), 2011; Ord. 1615§16, 1989; Ord. 1436§2(part), 1981. Formerly 17.44.070). 52 ATTACHMENT r' C " Chapter 17.46 C-5, THOROUGHFARE COMMERCIAL DISTRICT Sections: 17.46.010 Purpose. 17.46.020 Permitted uses. 17.46.030 Conditional uses. 17.46.040 Height regulations. 17.46.050 Area, width and yard requirements. 17.46.060 General requirements. 17.46.070 Signage standards . 17.46.080 Off-street parking. 17.46.010 Purpose. The C-5 district is intended to provide for commercial and business uses that are most appropriately located along or near major highways or thoroughfares, and are largely dependent upon highway visibility and easy vehicular access. (Ord. 1883 (part), 2006; Ord. 1436 §2(part), 1981). 17.46.070 Signs and lighting of premises. eriere. &Signs in the C-5 district shall be permitted and designed according to provisions of Section 17.75.050, Signage standards, and Chapter 15_24, Sign Cod:. '- __.: :_ -__ - -: _ - __. _ 1-7-760.30. (Ord. 1615§17, 1989; Ord. 1436§2(part), 1981). 53 ATTACHMENT " C " Chapter 17.48 M-1, INDUSTRIAL DISTRICT Sections: 17.48.010 Purpose. 17.48.020 Permitted uses. 17.48.030 Standards for permitted uses. 17.48.040 Conditional uses. 17.48.050 Height regulations. 17.48.060 Site area requirements. 17.48.070 Yard requirements. 17.48.080 Signage Standards Signs. 17.48.090 Off-street parking. 17.48.010 Purpose. The purpose of the M-1 district is to provide areas suitable for the location of light industrial uses involved in service, manufacturing or assembly activities and having high standards of operation of such character as to permit their location and operation in close proximity to nonindustrial areas of the community. (Ord. 1436 §2(part), 1981). 17.48.080 Signage Standards Signs. 17.60.110. 54 ATTACHMENT " C , " C. Signs in the M-1 district shall be permitted and designed according to provisions of Section 17.75.050, Signage standards, and Chapter 15.24, Sign Code. Chapter 15.24. (Ord. 1615§18, 1989; Ord. 1436 §2(part), 1981). Chapter 17.52 M-2, INDUSTRIAL GENERAL DISTRICT Sections: 17.52.010 Purpose. 17.52.020 Permitted uses. 17.52.030 Conditional uses. 17.52.040 Standards for permitted and conditional uses. 17.52.050 Height regulations. 17.52.060 Site area requirements. 17.52.070 Yard requirements. 17.52.080 Signage Standards Signs. 17.52.090 Off-street parking and loading. 17.52.010 Purpose. The purpose of the M-2 district is to provide areas suitable for all types of industrial uses and to establish minimum standards of operation to prevent conflicts between industrial uses and other types of uses in their vicinity. M-2 districts provide opportunities for the development and operation of heavy industrial uses that, in most cases, are most appropriately located on the periphery of the community and in areas where good highway and rail access is available. (Ord. 1436 §2(part), 1981). 17.52.080 Signage Standards Signs. 55 ATTACHMENT " C . 17 B. All signs in the M-2 district shall be permitted and designed according to provisions of Section 17.75.050, Signage standards, and Chapter 15.24, Sign Code(Ord. 1615§19, 1989; Ord. 1436§2(part), 1981). Chapter 17.54 B.C.G., BEAR CREEK GREENWAY Sections: 17.54.010 Purpose. 17.54.020 Permitted uses. 17.54.030 Conditional uses. 17.54.040 Height regulations. 17.54.050 Area,width and yard requirements. 17.54.060 General requirements. 17.54.070 Signs. 17.54.080 Fences,walls, hedges, and screen plantings. 17.54.090 Off-street parking. 17.54.010 Purpose. The B.C.G. district is intended to provide for environmental preservation and limited development within the portion of the Bear Creek Greenway that lies within the city limits and urban growth boundary of Central Point. This district is intended to protect the public health and safety, preserve the natural environment of the Bear Creek corridor, encourage the implementation of the greenway plan, provide for limited recreational uses, and ensure the continued preservation of fish and wildlife habitat within the riparian environment of the creek.(Ord. 1531 §1(part), 1984). 17.54.070 Signs. All signs shall be designed for maximum visual and aesthetic compatibility with the greenway environment and are subject to planning commission review and approval, and the requirements of Chapter 15.24 Sign Code and Section 17.75.050 Signage Standards 17.60.110. (Ord. 1615§20, 1989; Ord. 1531 §1(part), 1984). 56 ATTACHMENT " C " PLANNING COMMISSION RESOLUTION NO. 11 Cl 5 RESOLUTION OF INTENTION A RESOLUTION DECLARING THE PLANNING COMMISSION'S INTENT TO INITIATE AMENDMENT OF SECTIONS OF THE CENTRAL POINT MUNICIPAL CODE RELATED TO CHAPTER 15.24, SIGN CODE; CHAPTER 17.67, DESIGN STANDARDS—TOD DISTRICT AND TOD CORRIDOR AND CHAPTER 17.75.050, SIGNAGE STANDARDS WHEREAS, an amendment of the Central Point Municipal Code may be initiated by adoption of a resolution of intention by the Planning Commission (Chapter 17.96.020. A); and WHEREAS, the Planning Commission of the City of Central Point deems that the public necessity and convenience and the general welfare of the public will benefit by the proposed amendment; NOW, THEREFORE, BE IT RESOLVED, by Planning Commission of the City of Central Point, Oregon that it is the intention of the Planning Commission to amend the City of Central Point Municipal Code(Building), Section 15.24 Sign Code; and (Zoning), Section 17.67 Design Standards—TOD District and TOD Corridor and Section 17.75.050 Signage Standards. PASSED by the Planning Commission and signed by me in authentication of its passage this 6`h day of August, 2013. Planning Commission Chair ATTEST: City Representative Approved by me this day of , 2013. Planning Commission Chair Planning Commission Resolution No. (08/06/2013) 57 ATTACHMENT " 10 AMENDMENT TO MUNICIPAL CODE SECTION 17.65.050, TABLE 2 cod City of Central Point, Oregon CENTRAL Community Development 140 S 3rd Street Central Point, OR 97502 POINT Tom Humphrey,AICP, V 541.664.3321 Fax 541.664.6384 P www.centralpointoregon.gov Oregon Community Development Director STAFF REPORT August 6, 2013 AGENDA ITEM: File No. 13015 Consideration of Resolution No. 796 declaring City's intent to amend the Municipal Code Section 17.65.050, Table 2 to correct lot standards. Applicant: City of Central Point. STAFF SOURCE: Don Burt, Planning Manager Background: It has come to the City's attention that in the MMR district the minimum area unit and the average minimum area per dwelling units in Table 2, Section 17.65.050 are mathematically in conflict with the minimum and maximum density requirements in Table 2. As an example the maximum density allowed using the Average Minimum Area per dwelling unit is 21 vs. the allowed 32. For the Minimum Area per dwelling unit the maximum is 28 vs. the allowed 32. This conflict needs to be corrected. Since the density standard is the governing policy standard it is proposed that corrections be limited to the Minimum and Average Minimum Area per Dwelling Unit. Section 17.10 Zoning Map and Text Amendments establish criteria for the amendment of either the zoning map or zoning ordinance. The procedure required is a Type III. General Project Description: To modify Table 2 Minimum Area and Average Minimum Area per Dwelling Unit to be consistent with Table 2 Minimum and Maximum Density requirement. ISSUES: As currently structured the maximum density allowed in MMR(32 units per net acre)district cannot be achieved. FINDINGS: No findings at this time. ATTACHMENTS/EXHIBITS: None ACTION: Consideration of Resolution No. 796 directing Staff to proceed with the correction of Section 17.65.050,Table 2. RECOMMENDATION: Approve Resolution No. 796. Page 1 of 1 58