A.

Title. This chapter shall be known as the sign code of the city of Mill City, Oregon.

B.

Purpose. The city council finds and declares that it is necessary to regulate the construction, erection, maintenance, electrification, illumination, type, size, height, clearance, number, and location of signs in order to:

1.

Protect the health, safety, property and welfare of the public;

2.

Maintain the neat, clean, orderly and attractive appearance of the city;

3.

Provide for the safe erection and maintenance of signs;

4.

Preserve the safe flow of traffic in Mill City;

5.

Preserve and enhance the unique scenic beauty of Mill City.

(Ord. 278 § 1 (part), 1999: Ord. 273 § 11.010(1, 2), 1998)

The following words and phrases, where used in this chapter, shall have the meanings given to them in this section.

"Area" or "area of sign" means the area within an established sign edge, frame, or perimeter which encloses the limits of any writing, representation, emblem, figure or character. The area of a sign having no such perimeter, or the area of a sign having an irregular shape, shall be computed by enclosing the surface area within a circle, square, rectangle, and/or triangle. The area of all signs in existence at the time of the enactment of the ordinance codified in this title, whether conforming or nonconforming, shall be counted in establishing the permitted sign area of all new signs to be allowed for an individual business on a premises. Where a sign is of a three-dimensional or round or irregular solid shape, the largest cross section shall be used, as though it were a flat surface, to determine sign area.

"Clearance" is measured from the highest point of the grade below the sign to the lowermost point of the sign.

"Display surface" means the area made available by the sign structure for the purpose of displaying the message.

"Erect" means to build, construct, attach, place, suspend, or affix and shall also include the painting of wall signs.

"Face of a building" means all window and wall area of a building in one plane.

"Flag" means any fabric, banner or bunting containing distinctive colors, patterns, or symbols, used as a symbol of a government, political subdivision, or other entity.

"Frontage" means the length of the property line of any one premises along each public street it borders. Each portion of the premises abutting a separate street shall be considered a separate frontage.

"Height" is measured from the highest point of the grade below the sign to the topmost point of the sign.

"Maintain" means to permit a sign, sign structure, or part thereof to continue, or to repair or refurbish a sign, sign structure, or part thereof.

"Parapet" or "parapet wall" means the part of any exterior wall which extends above the roof line.

"Permittee" means a person who has applied for a city sign permit to allow placement or erection of a sign covered by this chapter, or a person who has not as yet applied for a sign permit, but will be required to do so due to an intent to place or erect a sign covered by this chapter, or by the premature placement or erection of a sign covered by this chapter.

"Premises" means a lot, parcel, or tract of land occupied, or to be occupied, by a building or unit or group of buildings and its accessory buildings. If more than one business or activity is located on the lot, parcel, or tract of land, each separate business shall be considered a separate premises.

"Projection" means the distance by which a sign extends from its supporting structure.

"Sign" means a presentation or representation by words, letters, figures, designs, pictures, or colors displayed out-of-doors in view of the general public so as to give notice relative to a person, a business, an article of merchandise, a service, an assemblage, a solicitation, or a request for aid or other message. This definition includes, but is not limited to, billboards, ground signs, free-standing signs, projecting signs, flashing signs, wall-mounted signs, wall-painted signs, banners, pennants, roof signs, fence signs, window signs, and street clocks, and includes the surface upon which the message is displayed.

Sign, Abandoned. "Abandoned sign" means any sign located on a premises when the business or activity to which it relates is no longer conducted or in existence on the premises.

Sign, Banner. "Banner sign" means a sign of lightweight fabric or similar material that can be mounted both on a permanent or temporary basis. A banner sign shall be considered as a wall sign provided that the appropriate wall sign standards are met. National flags, state or municipal flags, or the official flag of any institution or business shall not be considered banners.

Sign, Changing (Automatic). "Automatic changing sign" means a sign such as an electronically or electrically controlled public service, time, temperature, and date sign, message center, or reader board, where different copy changes are shown on the same lamp bank.

Sign, Externally Illuminated. "Externally illuminated sign" means a sign illuminated by an exterior light source or luminous tubing which is primarily designed to illuminate only the sign.

Sign, Fence. "Fence sign" means a sign attached to the side of a fence on a permanent basis.

Sign, Flashing. "Flashing sign" means any sign which contains an intermittent or flashing light source, or which includes the illusion of intermittent or flashing light by means of animation, or an externally mounted intermittent light source. Automatic change signs such as public service, time, temperature, and date signs or electronically controlled message centers are classed as "changing signs", not "flashing signs."

Sign, Free-Standing. "Free-standing sign" means a sign wholly supported by a sign structure in the ground. "Free-standing signs" include pole signs and monument signs.

Sign, Internally Illuminated. "Internally illuminated sign" means a sign which is wholly or partially illuminated by an internal light source from which source light passes through the display surface to the exterior of the sign.

Sign, Nonconforming. "Nonconforming sign" means a sign in existence or under construction on the effective date of the ordinance codified in this title which does not conform to the provisions of this title, but which was or is being constructed, erected, or maintained in compliance with regulations in effect at the time the sign was constructed or erected.

Sign, Notice. "Notice sign" means a sign posted by either a public agency or private individuals intended to convey information of a legal nature pertaining to specific properties. Examples of notice signs include building permits, no trespassing notices, public hearing notices, and similar signs.

Sign, Pennant. "Pennant sign" means a shaped, lightweight sign, made of plastic, fabric, or other material (whether or not containing a message of any kind) suspended from a rope, wire, or string, usually in a series, designed to move in the wind.

Sign, Projecting. "Projecting sign" means and includes any sign which is attached to a building and extends more than twelve (12) inches beyond the line of the building or more than twelve (12) inches beyond the surface of that portion of a building to which it is attached.

Sign, Roof. "Roof sign" means a sign erected upon or above a roof or parapet of a building.

Sign, Temporary. "Temporary sign" means any sign, regardless of construction materials, which is not permanently mounted and is intended to be displayed on an irregular basis for a limited period of time.

Sign, Time and Temperature. "Time and temperature sign" means a sign providing only time and/or temperature information.

Sign, Unsafe. "Unsafe sign" means any sign determined to be a hazard to the public by the zoning official or duly authorize representative.

Sign, Wall-Mounted. "Wall-mounted sign" means any sign, attached to, or erected against a wall of a building or structure, with the exposed face of the sign in a plane parallel to the plane of said wall, the angle of said wall not to exceed thirty (30) degrees from the vertical. Wall-mounted signs may not project more than twelve (12) inches from the wall to which they are attached.

Sign, Wall-Painted. "Wall-painted sign" means a sign painted directly onto a wall of a building which is located in a commercial or industrial zone. A mural painted onto the side of a building is considered to be a wall-painted sign.

Sign, Window. "Window sign" means a sign, pictures, symbols, neon-tubing, or combination thereof, designed to communicate information that is placed within a window and directed towards the outside of the window. "Window signs" do not include painted or printed displays of a temporary nature associated with the holidays.

"Structural alteration" means any change in a sign or sign structure other than advertising message or normal maintenance.

"Written message" means the lettering, wording, numbers, and/or other symbols on a sign intended to convey a message. "Written message" does not include notation of the sign identifying the sign installer or artist, provided such identification is less than one square foot in area.

(Ord. 278 § 1 (part), 1999: Ord. 273 § 11.010(3), 1998)

A.

Permit Required. All signs erected after the effective date of the ordinance codified in this title, other than exempt signs, shall require a sign permit. All applications for sign permits shall be submitted to, and in such form as may be required by, the zoning official or duly authorized representative.

B.

Permit Fee. A fee as established by resolution of the city council shall be paid to the city upon filing an application. Such fee shall not be refundable.

C.

Interpretations. This chapter supercedes any provision dealing with signs in any previously adopted ordinance, resolution or regulation.

D.

Enforcement Authority. The zoning official shall have the power and duty to interpret and enforce the provisions of this chapter.

E.

Permit Expiration. Every permit issued by the zoning official under the provisions of this chapter shall become null and void if the building or work authorized by such permit is not commenced within one year 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 (180) days. Before such work can be recommenced, a new permit shall first be obtained, and the fee thereof shall be one-half of the amount required for a new permit for such work, provided no changes have been made or will be made in the original plans and specifications for such work; and provided, further, that such suspension or abandonment has not exceeded one year.

F.

Permit Suspension or Revocation. The zoning official may, in writing, suspend or revoke a permit issued under provisions of this chapter whenever the permit is issued on the basis of incorrect information supplied, or in violation of any applicable ordinance or regulation or any of the provisions of this title.

G.

Conditional Use, Site Plan Review or SPD Zone Signs. Signs for uses requiring conditional use or site plan review permits, or for uses in the special planned development (SPD) zone shall be reviewed by the planning commission regarding size, lighting, height, clearance, location and similar standards at the public hearing for conditional use, site plan review or SPD zone uses.

H.

Pre-Existing Signs. Signs constructed or placed on property prior to the date of the ordinance codified in this title shall be considered nonconforming and shall comply with the sign code requirements in effect at the time the sign was located on the property. If the sign is to be relocated or replaced, the replacement or relocated sign shall comply with the provisions of this chapter. Additional signs to be placed on the premises shall comply with the provisions of this chapter.

(Ord. 278 § 1, 1999: Ord. 273 § 11.020, 1998)

A.

Exempted Signs. The following signs shall not require a sign permit but shall conform to all other applicable provisions of this chapter and shall be permitted in all zones, except as otherwise noted:

1.

Signs not exceeding three square feet in area, nonilluminated, and not exceeding three feet in height if ground mounted. Such signs may include, but are not limited to property address or building numbers, names of occupants or premises, professional nameplates, on-site directional, and similar signs. Sign standards for home occupations are found in Section 17.44.130(B)(3)(i) of this title;

2.

Temporary signs which are non-illuminated, have an overall face area not exceeding sixteen (16) square feet in a residential or public zone or thirty-two (32) square feet in a commercial or industrial zone, are not permanently installed, and are intended to be located on property for short durations of time. Such signs may include, but are not limited to, real estate lease and sales, political signs, construction signs, and garage sale, open house, special event, and similar signs. Such signs shall only be posted for the duration of the activity. Sign requirements for temporary transient sales are in Section 17.44.080 of this title. No sign shall be extended into or extend over a street right-of-way except as provided in subsection (A)(6) of this section. See also subsection B of this section;

3.

Signs Placed for Purposes of Public Direction and Safety. Such signs may include, but are not limited to, traffic and municipal signs, directional signs for emergency services (such as hospitals, police stations and fire stations), legal notices, railroad crossing signs, danger signals, and similar signs. Such signs may be placed within the public right-of-way in such a manner as not to be a hazard to pedestrian, bicycle or motor vehicle safety;

4.

Temporary Display or Lights or Other Decorations Associated with Holidays. Such display shall be in place for a period of time not to exceed forty (40) days;

5.

Banners not exceeding a total display area of forty (40) square feet per face and pennants not to exceed a length of fifty (50) feet per site, used on premises in conjunction with temporary events and not in place longer than a period of thirty (30) days;

6.

Banners in Public Rights-of-Way. Banners to be placed in the street right-of-way which are intended to advertise or promote the community or region or an event planned to occur within the community or region, are permitted subject to the approval of the city public works supervisor and the State of Oregon Department of Transportation (ODOT) if the banners are to be located along Highway 22;

7.

Flags;

8.

Signs carved into a building or which are a part of materials which are an integral part of the building such as cornerstones, building names, and similar signs;

9.

Signs of public or legal notice;

10.

Window signs in commercial and industrial zones;

11.

Painted or printed displays in windows of a temporary nature associated with holidays;

12.

Promotional displays for special events, provided such displays shall be in place for a period not to exceed seven days;

13.

Fence signs which are located on the inside of a fence and are used in conjunction with athletic events for the sale of advertising on behalf of the athletic events occurring on the site.

B.

Prohibited Signs. It is unlawful for any person to erect, display or maintain, and no permit shall be issued for the erection, display, or maintenance of, any sign or advertising structure listed in this subsection.

1.

Signs erected within the right-of-way of any street, along any driveway, or in any other location which do not meet the requirements of subsection A of this section; or by reason of the location, shape, color, animation, or message are likely to be confused with any traffic control device; or create a distracting or hazardous condition for motorists, bicyclists, or pedestrians;

2.

Such advertising devices as banners, pennants, and balloons, except as permitted under subsection A of this section;

3.

Temporary signs, except as permitted under subsection A of this section;

4.

No sign shall be erected or maintained which by use of lights, illumination, sequential illumination, or other form of total or partial illumination creates an unduly distracting or hazardous condition to a motorist, bicyclist, or pedestrian;

5.

No sign or portion thereof shall be placed so that it obstructs any fire escape, stairway, or standpipe; interferes with human exit through any window or any room located above the first floor of the building; obstructs any door or required exit from any building; or obstructs any required light or ventilation;

6.

Fence signs exceeding one square foot of sign face per twenty (20) feet of fence length in residential and public zones or one square foot of sign face per five feet of fence length in commercial and industrial zones, excepting temporary signs intended for the sale or lease of the property containing the fence, and excepting internal fence signs as described in subsection (A)(13) of this section;

7.

Signs affixed to power, utility, or traffic control poles other than city-approved traffic control signs and pole identification placards;

8.

Searchlights.

(Ord. 278 § 1 (part), 1999: Ord. 273 § 11.030, 1998)

A.

Residential or Public Zones. No signs shall be erected or maintained in an R-1, R-2 or P zone, except as allowed under Section 17.68.040(A) of this chapter, or as otherwise noted in this section.

1.

Permanent apartment, condominium, subdivision, manufactured home park, conditional use permit or P zone signs:

a.

Area. A sign may have a maximum area of two square feet per dwelling unit to a maximum of thirty-two (32) square feet and sixteen (16) square feet per display surface area;

b.

Subdivisions, manufactured home parks, and conditional uses may have one sign per vehicular entry to the property, provided the total sign area for all display surfaces shall be no more than sixty-four (64) square feet;

c.

Height and/or Clearance. A free-standing sign shall be limited to a maximum height of six feet above grade;

d.

Number. Limited to one sign per entrance;

e.

Permanent apartment, condominium, or conditional use signs when the use has only one vehicular entry. Either one free-standing or one wall sign per street frontage permitted;

f.

No wall sign shall extend above the roof line at the wall or the top of a parapet wall, whichever is higher;

2.

Illumination. Signs in R and P zones may have external illumination only. Par spot or reflective type bulbs may be used for indirect illumination of the display surface if properly shielded from direct glare onto streets. Sign illumination shall be directed away from, and not be reflected upon, adjacent premises;

3.

Subdivision, apartment, or condominium sign standards which apply in a residential zone shall also apply in a commercial and industrial zone;

4.

No sign shall project into the street right-of-way or into a vision clearance area.

B.

Commercial or Industrial Zones. No sign shall be erected or maintained in the CC, CH or I zones, except as allowed under Section 17.68.040(A) of this chapter, or as otherwise noted in this section.

1.

Free-Standing Sign.

a.

Sign Area and Number of Signs. The maximum area for all free-standing signs on a premises zoned and used for commercial and industrial purposes shall be one hundred fifty (150) square feet for signs with one face and two hundred (200) square feet for signs with two faces. Only one free-standing sign shall be permitted for each premises;

b.

Height and/or Clearance. Free-standing signs shall not exceed a total height of twenty (20) feet measured from the grade of the property where the sign is to be located, except if the grade of the property is lower than the grade of the street, the grade of the street immediately in front of the location for the sign shall be used to determine the height of the sign. The minimum clearance below the lowest portion of a free-standing sign and the ground below shall be fourteen (14) feet in any driveway or parking area;

c.

Location. No free-standing sign, or any portion of any free-standing sign, shall be located on or be projected over the property line or within twenty-five (25) feet of any property line within a residential zone;

2.

Wall-Mounted and Wall-Painted Signs.

a.

Area. Wall-mounted signs shall not exceed in gross area thirty (30) percent of the face of the building to which the sign is attached or on which the sign is maintained. Wall-painted signs may cover up to one hundred (100) percent of the area of one face of the building but shall not exceed thirty (30) percent of the area of all faces of the building;

b.

Height and/or Clearance. No wall-mounted sign shall extend above the roof line at the wall or the top of the parapet wall, whichever is greater;

c.

Number. No limit, dictated by area requirements;

3.

Projecting Signs.

a.

Area. Projecting signs shall not exceed in gross area twenty (20) percent of the face of the building to which the sign is attached or on which the sign is maintained. However, if a projecting sign is located on the same building face as a wall sign, the total of all sign surfaces shall not exceed thirty (30) percent of the face of the building;

b.

Height and/or Clearance. No projecting sign shall extend above the roof line at the wall or top of a parapet wall, whichever is higher. There shall be at least eight feet of clearance between the bottom of the sign and the grade. Signs shall not project more than four feet into the street right-of-way or over the street roadway;

4.

Roof Signs.

a.

Area. Total sign area for roof signs shall not exceed one square foot for each two lineal feet of street frontage of the parcel of real property on which the sign is to be located;

b.

Height and/or Clearance. The maximum height of a roof sign shall not exceed four feet above the highest point of the building;

c.

Location. No roof sign shall be erected unless and until approved by the Mill City rural fire protection district after a finding that the site type, and location of the sign will not substantially interfere with fire fighting. Roof signs may not project over the parapet wall;

5.

Illumination. Signs in commercial and industrial zones may be illuminated internally, or the lights used to indirectly illuminate signs shall be placed, shielded, and deflected so as not to shine into a residential dwelling unit or to impair the vision of the driver of any vehicle;

6.

Fence Signs. Fence signs not exceeding one square foot in area per five feet of fence length;

7.

The following signs shall be permitted as conditional uses subject to Chapter 17.52 of this title: moving signs or flashing signs, electronic message center signs, changing signs (automatic) and revolving signs or any sign which has any visible moving part or visible mechanical movement of any description; excepting signs such as clocks, barber poles, or electronic time and temperature signs which are permitted outright. Sign requests subject to conditional use review as outlined in this section shall be submitted to the Oregon Department of Transportation (ODOT) as part of the conditional review process when such sign is located in the CH zone and the sign is for a business located adjacent to Highway 22;

8.

Off-premise signs shall be permitted on residentially used and vacant properties located within a commercial or industrial zone provided only one sign per street frontage is permitted, and that the maximum area for the sign is sixty-four (64) square feet for a two-faced sign and thirty-two (32) square feet per display surface.

C.

Signs in Special Planned Development (SPD) Zone. In approving signs in the special planned development (SPD) zone, the city shall use the standards for the particular use as a guideline (such as commercial zone standards for a commercial use), but the city may make the standards more restrictive in keeping with the nature of the proposed use in the zone and the development in the surrounding area.

(Ord. 278 § 1 (part), 1999: Ord. 273 § 11.040, 1998)

A.

Construction Requirements. Except as otherwise provided in this title, the construction of all signs or sign structures shall conform to the applicable provisions of the State of Oregon Building Code, Fire Code and Electrical Code.

B.

Maintenance Requirements. All signs and the site upon which they are located shall be maintained in a neat and attractive condition. All signs, together with their supports, braces, guys, and anchors, shall be constructed of materials that are durable and weather resistant, and shall be regularly maintained so as to exist at all times in a state of good repair.

(Ord. 278 § 1 (part), 1999: Ord. 273 § 11.050, 1998)

A.

Abandoned Sign.

1.

Time Limit. Abandoned signs and their supporting structures shall be removed within one hundred eighty (180) days by the owner or lessee when the business activity which it advertises or identifies is no longer conducted on the premises;

2.

Notice Given. If the owner or lessee fails to remove the sign within the specified time period, the zoning official shall give the owners fifteen (15) days written notice to remove it, or the penalty provisions of Sections 17.64.120 to 17.64.140 go into effect.

B.

Unsafe Sign.

1.

Time Limit. The Linn County building official or the zoning official or duly authorized representative may cause any sign and/or sign support structure, which is determined to be a hazard to persons or property by reason of it or its support structure being or becoming unsound or in an unsafe condition; i.e. weakened or broken support, broken parts, including tubing, wiring, plastic, etc., to be removed summarily;

2.

Notice Given. Two days' notice shall be given, except that no notice is required if a determination is made that the sign and/or sign support structure poses an immediate peril to persons or property.

(Ord. 278 § 1 (part), 1999: Ord. 273 § 11.060, 1998)

A.

Variances. Signs may exceed the limits imposed by this chapter up to a maximum of fifty (50) percent through application for an approval of a variance as outlined in Chapter 17.56 of this title. A variance may be granted upon the adoption of findings based on the following criteria rather than the criteria as specified in Section 17.56.030 of this title.

1.

There are unique circumstances or conditions of the lot, building, or traffic pattern which result in undue hardship to the activity or use on the property in question;

2.

The granting of the variance compensates for those circumstances in a manner equitable with other properties in the immediate vicinity;

3.

The granting of the variance shall not decrease traffic safety nor be detrimental to the use and enjoyment of properties which are partially or fully within one hundred (100) feet of the exterior boundaries of the property where the sign is to be located;

4.

The variance shall not be the result of a self-imposed condition or hardship.

(Ord. 278 § 1 (part), 1999: Ord. 273 § 11.070, 1998)