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Madras City Zoning Code

18.35 Signs

Prior legislation: Ord. 888.

(1) Residential properties are limited to two residential signs per property.

(2) Notwithstanding subsection (1) of this section, nonresidential uses authorized by the Development Code and residential structures comprised of five or more independent dwelling units may erect additional signs as follows:

18.35.010 Basic provisions.

(1) Sign Erection, Repair, Etc. It is unlawful for any person to erect, repair, alter, relocate or maintain within the City any sign or other graphic except as provided in this Development Code.

(2) Sign Conformance. All signs must be erected, altered, and maintained in conformance with this Development Code, the Uniform Building Code, and all other applicable state and federal laws. No sign shall stand on, protrude onto, or be anchored in rights-of-way or other public property without the written authorization of the public entity responsible for such property. [Ord. 933 § 7.1, 2019.]

18.35.020 Prohibited signs.

Except for nonconforming signs, the following signs are unlawful and are declared nuisances:

(1) Abandoned signs.

(2) Video signs or other signs that display a moving image other than scrolling/flashing/changing text or numbers.

(3) Electronic signs that flash, change colors, display a moving/changing image (including scrolling/flashing/changing text or numbers), or would otherwise pose a distraction to motorists unless authorized to be located on public property.

(4) Any sign constructed, maintained, or altered in a manner without a permit or otherwise in violation of this Development Code.

(5) Any sign constructed or maintained which, by reason of its size, location, movement, coloring, or manner of illumination may be confused with or construed as a traffic control device/signage or which hides from view any traffic control device/signage.

(6) Any sign constructed in such a manner or at such a location that it will obstruct access to any fire escape or other means of ingress or egress from a building or an exit corridor, exit hallway, or exit doorway. No sign or supporting structure shall cover, wholly or partially, any window or doorway in any manner that it will substantially limit access to the building in case of fire or other emergency.

(7) Any sign located in a manner that could impede traffic on any street, alley, sidewalk, bikeway, or other pedestrian or vehicular travel way.

(8) Any sign equipped with moving, rotating, or otherwise animated parts.

(9) Any sign that is wholly or partially illuminated by a flashing or intermittent light, lights, lamps, bulbs, or tubes. Rotary beacon lights, zip lights, strobe lights, or similar devices shall not be erected or maintained, or attached to or incorporated in any sign.

(10) Any sign located on private property within the vision clearance area.

(11) Any sign attached to a tree, plant, or utility pole, except as otherwise allowed or required by applicable law.

(12) Any sign within or over any public right-of-way (including banners spanning a public right-of-way) or located on private property less than two feet from any area subject to vehicular travel, except for signs, whether permanent or temporary, specifically allowed within the public right-of-way with the approval of the controlling jurisdiction.

(13) Off-premises signs and signs not authorized within a right-of-way by the controlling jurisdiction.

(14) Roof signs.

(15) Any other sign that is not allowed under this Development Code that presents a threat to public health, safety, or welfare, or is otherwise unlawful. [Ord. 933 § 7.2, 2019.]

18.35.030 Signs in residential zones.

(1) Residential properties are limited to two residential signs per property.

(2) Notwithstanding subsection (1) of this section, nonresidential uses authorized by the Development Code and residential structures comprised of five or more independent dwelling units may erect additional signs as follows:

(a) One or more wall-mounted signs not exceeding 100 square feet. Signs authorized under this provision must be erected as a flush-mounted wall sign as defined in this Development Code.

(b) One freestanding sign not exceeding 100 square feet in size.

(c) The total area for all signage shall be limited to 150 square feet.

(d) Signs shall not be back-lighted or electronic. Front-light illumination is authorized where it does not project onto adjoining properties and is otherwise compliant with the outdoor lighting standards.

(3) Property designated as common property on a plat or other deed restriction is deemed to be an authorized nonresidential use for purposes of this section.

(4) Notwithstanding subsection (2) of this section, only residential signs may be used to advertise home occupations, as that term is defined in the Development Code. [Ord. 933 § 7.3, 2019.]

18.35.040 Signs in nonresidential zones.

Signs in nonresidential zones shall meet the following standards:

(1) The total area of all signs on the premises may not exceed 300 square feet. Unless otherwise prohibited by this section, the maximum area shall be 150 square feet for any individual sign.

(2) Freestanding signs in all nonresidential zones are subject to the following restrictions:

Table 18.35.040-1. Freestanding Signs in Nonresidential Zones

FREESTANDING SIGNS

ZONE

TYPE ALLOWED

NUMBER ALLOWED

MAXIMUM AREA

MAXIMUM HEIGHT

C-1

Pole or Monument

1 *

150 sq. ft.

20 ft.

C-2

Monument

1 *

32 sq. ft.

8 ft.

C-3

Pole or Monument

1 *

40 sq. ft.

20 ft.

NC

Pole or Monument

1 *

32 sq. ft.

20 ft.

Industrial

Pole or Monument

1 *

150 sq. ft.

35 ft.

*One freestanding sign shall be allowed per property except as allowed by subsections (3) and (4) of this section.

(3) For through lots (properties that have frontage on opposite sides of the same block), two freestanding signs are permitted. The freestanding signs must be oriented toward opposite frontages.

(4) A business complex under two acres in gross area, regardless of the number of individual properties comprising the business complex, shall only be permitted the amount of signage permitted for a single property. A business complex over two acres in gross area shall be permitted the amount of signage permitted for two properties, which may be distributed throughout the business complex regardless of internal property lines. These limitations apply regardless of the number of businesses, buildings, or properties that comprise the business complex.

(5) Each building on a property shall be entitled to two square feet of flush-mounted or wall sign area per lineal foot of the building’s width on the dominant facade, with a maximum of 150 square feet of signs or six percent (6%) of the linear measurement of the building’s dominant facade, whichever is greater. This limitation applies regardless of the number of businesses that may occupy the building. [Ord. 933 § 7.4, 2019.]

18.35.050 Projecting signs.

Unless otherwise permitted by this Development Code or by the Public Works Director, signs shall not encroach onto:

(1) Adjoining properties;

(2) A public right-of-way; or

(3) Any vision clearance area. [Ord. 933 § 7.5, 2019.]

18.35.060 Directional signs.

Directional signs designed to be read by a person on the premises on which the sign is located and used to identify buildings/businesses/amenities or direct persons on the premises are limited to four square feet in area and may be no more than four feet high if freestanding. If the sign is on the wall of a building, the directional sign shall be limited to four square feet in area and located no more than eight feet high. [Ord. 933 § 7.6, 2019.]

18.35.070 Sign location.

Except for billboards, signs may not extend above the roofline, eaves, or parapet wall of the building to which they are attached, or above the tallest building on the premises (or closest building if the property is vacant) if the sign is freestanding. [Ord. 933 § 7.7, 2019.]

18.35.080 Billboards.

Billboards are allowed with certain limitations in specified nonresidential zones but are prohibited in all residential zones. Billboards shall also be subject to the following regulations:

(1) Limitation on the Total Number of Billboards. The total number of billboards located within the City limits and urban growth boundary shall be limited to eighteen (18). Signs lost or removed for any reason shall not be replaced until the total number of billboards in the City limits and urban growth boundary is reduced to fourteen (14), which shall then become the maximum number of billboards permitted thereafter.

(2) Replacement of Billboards. When the total number of billboards within the City limits and urban growth boundary has been reduced in number to a total of fourteen (14), in accordance with subsection (1) of this section, billboards may be replaced upon application by any person or entity possessing an appropriate State of Oregon permit, subject at all times to the maximum fourteen (14) sign number limitation.

(a) No person or entity shall file an application for a new or replacement billboard without proof of possession of a valid State of Oregon permit allowing placement of a billboard within the designated City limits and urban growth boundary. New or replacement billboards shall be permitted only as provided in subsection (3) of this section.

(3) Maximum Size Limit for Replacement Billboard. The maximum size of each replacement billboard sign, noted in subsection (2) of this section, shall be 250 square feet per side.

(4) Location of Billboards.

(a) No billboards shall be permitted on 4th or 5th Streets between S.E. J Street and N.E. Cedar Street.

(b) Only one billboard is permitted per property.

(c) No billboard shall be located within 400 feet of another billboard.

(5) Height of Billboards. No billboard shall exceed 35 feet in height.

(6) Features. Billboards may not feature video screens, reader boards, or other components that flash, change colors, display movement, or would otherwise pose a distraction to motorists. [Ord. 933 § 7.8, 2019.]

18.35.090 Temporary signs.

(1) General Requirements. Temporary signs shall not be restricted by content and shall not affect the amount or type of signage otherwise allowed by this Development Code. Examples of temporary signs include, but are not limited to, nonpermanent signs usually and customarily used to advertise real estate sales, political or ideological positions, garage sales, construction, or events. Temporary signs may be erected and maintained in the City only in compliance with the following specific provisions:

(a) No temporary sign shall be internally illuminated or be illuminated by an external light source primarily intended for the illumination of the temporary sign without a permit.

(b) Temporary signs may not be reflective, electronic, or contain any moving or flashing parts.

(c) A temporary sign shall be attached to the site or constructed in a manner that both prevents the sign from being easily removed by unauthorized persons or blown from its location and allows for the easy removal of the sign by authorized persons.

(d) Except as provided in this Development Code, temporary signs shall not be attached to trees, shrubbery, utility poles, or traffic control signs or devices.

(e) No temporary sign shall be erected or maintained which, by reason of its size, location, or construction constitutes a hazard to the public.

(f) No temporary signs shall be allowed in the public right-of-way or on public property except as provided below. The following temporary signs shall be permitted in the right-of-way without issuance of a permit and shall not affect the amount or type of signage otherwise allowed by this Development Code. No temporary sign permitted under this subsection shall interrupt the normal flow of vehicle, pedestrian, or bicycle traffic, shall provide a minimum of five feet of clear passage for pedestrians on a sidewalk where a sidewalk exists, and shall not inhibit the use of parking facilities. No temporary sign permitted under this subsection shall extend into a vision clearance area. Temporary signs allowed under this subsection include:

(i) Signs owned or erected by the public body that owns or manages the right-of-way or public property;

(ii) Sidewalk signs subject to the following limitations:

(A) Sidewalk signs shall be displayed only during the business hours of the responsible business.

(B) Sidewalk signs shall occupy no more than four square feet of right-of-way and shall be no taller than four feet.

(C) Sidewalk signs placed anywhere other than directly adjacent to the business shall be placed only with the written consent of the property owner of the adjacent property.

(D) No more than one sidewalk sign shall be permitted per business on a particular property except that one additional sidewalk sign shall be permitted per property for each 200 feet of street frontage. Notwithstanding the foregoing, in no event may a property be associated with more than three sidewalk signs.

(g) Substantially similar temporary signs and those advertising the same event, which are erected sequentially, will be considered the same temporary sign for purposes of applicable temporal limitations.

(h) Temporary signs shall be removed within seven days after the culmination of the event or purpose for which the temporary sign was erected, regardless of any permitted time then remaining.

(2) Temporary Signs in Residential Zones. Temporary signs in residential zones shall be restricted as follows:

(a) Temporary signs not exceeding six square feet in area or four feet in height shall be permitted for a period of ninety (90) days.

(b) Temporary signs exceeding six square feet in area and/or four feet in height, but not exceeding 12 square feet and/or six feet in height shall be permitted for a period of thirty (30) days. No more than one such sign shall be permitted per property.

(c) The maximum square footage of temporary signs on any particular residential property is 25 square feet.

(3) Temporary Signs in Nonresidential Zones. Temporary signs in nonresidential zones shall be restricted as follows:

(a) Temporary signs not exceeding 20 square feet in area or six feet in height shall be permitted for a period of one hundred twenty (120) days.

(b) Temporary signs exceeding 20 square feet in area and/or six feet in height, but not exceeding 32 square feet and/or 10 feet in height, shall be permitted for a period of sixty (60) days.

(c) The maximum square footage of temporary signs on any particular nonresidential property is 250 square feet per acre with a minimum of 50 square feet and maximum of 500 square feet. [Ord. 968 § 2.6 (Exh. F), 2022; Ord. 933 § 7.9, 2019.]

18.35.100 Exemptions.

The following signs are exempt from the permitting requirements of this Development Code. All signs, even those exempt from permitting, must comply with sign dimensional, location, placement, maintenance, and all other applicable requirements.

(1) Traffic or pedestrian control signs.

(2) Signs erected or maintained by public bodies.

(3) Flags mounted on a pole in the ground or on a building are exempt, but are subject to Development Code height regulations and shall be located and constructed so that, if the pole should collapse, its reclining length would be contained on the property on which it is installed.

(4) Signs placed in the public right-of-way by the public body responsible for administering the right-of-way or by a public body providing transit services within the right-of-way.

(5) Plaques, tablets, or inscriptions on buildings that do not exceed four square feet in area.

(6) Signs constructed to identify emergency services such as fire, police, or hospital facilities.

(7) Temporary signs that comply with the provisions of MDC 18.35.090.

(8) Residential signs.

(9) Signs altered or erected pursuant to MDC 18.35.120(1)(c). [Ord. 933 § 7.10, 2019.]

18.35.110 Sign permits.

(1) Permit Applications. Unless exempt under MDC 18.35.100, a permit issued by the Community Development Director is required to erect or alter any sign within the City limits. Applications for a sign permit shall be made in writing upon forms furnished by the City and subject to applicable fees. Such applications shall include a scale drawing of the sign, including dimensions, height, and materials, and show its relationship to the ground or to any building or structure to which the sign is proposed to be installed or affixed. When appropriate, a plot plan drawn to scale shall be submitted that indicates the location of proposed signage relative to streets and property lines.

Prior to the issuance of a sign permit, the Building Official may review the construction aspects of the proposed sign and a building permit may be required. The Building Official or Community Development Director may require other pertinent information where, in their opinion, such information is necessary to determine compliance with the provisions of this Development Code.

(2) Issuance of Permit. The Community Development Director shall approve an application and issue a sign permit unless the sign fails to meet the standards or is otherwise in violation of the provisions of this Development Code. Sign permits mistakenly issued in violation of this Development Code are void.

(3) Permit Revocation. The Community Development Director may revoke a sign permit if there was a material omission or misleading statement of fact in the application for the permit.

(4) Permit Time Restrictions. A sign permit shall be null and void if all work necessary to erect the sign has not been completed within six months of the date of issuance of the permit. The Community Development Director may authorize a single extension for up to an additional three months if the applicant demonstrates significant progress or that the delay was the result of circumstances outside of the applicant’s control. Otherwise, the applicant must apply for and obtain a new approval to erect the subject sign.

(5) Temporary Sign Permits. The Community Development Director may grant temporary permits for nonexempt temporary signs for a period of no more than thirty (30) days if the Community Development Director determines the sign will not present a risk to health, safety, or welfare and does not exceed applicable regulations for a comparable permanent sign. The Community Development Director may condition a temporary sign permit by any means necessary to achieve the objectives of this Development Code. Applicants shall apply for a temporary sign permit on the forms prescribed by the Community Development Director. [Ord. 933 § 7.11, 2019.]

18.35.120 Sign maintenance and enforcement.

(1) Existing Sign Alteration or Replacement.

(a) Nonconforming signs must not be altered or replaced unless the sign is made to conform to the provisions of this Development Code, or otherwise allowed under subsection (3) of this section, Sign Maintenance Requirements.

(b) Premises with a nonconforming sign shall not be eligible for any additional signs until the existing sign is made to conform to the requirements of this Development Code.

(c) Pole signs located in the Downtown Commercial (C-2) Zone are permitted to change the business name and logo on existing pole signs without application for a new sign permit so long as the use of a building does not change (e.g., retail to retail). A change in use of a building requires all signage to comply with all requirements of this Development Code. A change of use shall be determined by the difference in the minimum number of required off-street parking spaces between the previous and proposed uses as required under MDC Table 18.25.050-1. If there is a difference in the minimum number of required off-street parking spaces, it shall constitute a change of use only for the purposes of the sign maintenance requirements of this Development Code under subsection (3) of this section.

(d) For signs subject to permitting requirements, changes to interchangeable panels or other alterations to the face of a sign shall also be subject to the permitting requirements in MDC 18.35.110.

(2) Damaged Signs. Any sign that is damaged by over fifty-one percent (51%) of the replacement cost of the sign shall not be eligible for repair, but shall be immediately removed. Any replacement signs shall conform to the standards of this Development Code and be subject to the same permitting requirements as if the sign were new.

(3) Sign Maintenance Requirements.

(a) All signs within the City limits shall be maintained in a secure and safe manner. Maintenance includes minor repairs necessary to maintain the sign in its original state.

(b) Temporary and freestanding signs shall be kept clear of rubbish and weeds. All other signs shall be securely mounted to a structure. If any sign is found not to be securely mounted, or if it is a hazard, the owner shall be notified and shall be instructed to secure the sign. An owner shall secure the sign within ten (10) days of notice. [Ord. 933 § 7.12, 2019.]

18.35.130 Variance.

An applicant for a sign permit or an applicant owning or leasing a sign that is not in compliance with the provisions of this Development Code may apply for a variance. Applications for a minor or major variance shall be processed in accordance with the procedures and criteria for a variance set out in MDC 18.50.040. [Ord. 933 § 7.13, 2019.]