(1) Uniform sign standards and fair and equal treatment of sign users.

(2) Safe sign construction, erection, and maintenance standards.

(3) The prevention of sign clutter for the following reasons:

(4) The prevention of traffic accidents by ensuring that official traffic regulating devices are easily visible and that no sign will unduly distract or confuse operators of motor vehicles or aircraft.

(5) The prevention of negative impacts associated with temporary signs, which may be degraded, damaged, moved, or destroyed by weather elements and, after such degradation, damage, movement, or destruction, such signs harm the safety and aesthetics of the city if they are not removed. (Ord. 2061 § 1, 2022)

“A-frame sign” means a double-faced temporary sign composed of two sign boards attached at the top and separate at the bottom, not permanently attached to the ground.

“Abandoned sign" means a sign or sign structure where: (a) the sign is no longer used by the person who constructed the sign. Discontinuance of sign use may be shown by cessation of use of the property where the sign is located; (b) the sign has been damaged, and repairs and restoration are not started within 90 days of the date the sign was damaged, or are not diligently pursued, once started.

“Aggregate area” means the area of all signs combined.

“Alter” means to make a change to a sign or sign structure, including, but not limited to, changes in area, height, projection, illumination, shape, materials, placement and location on a site. Altering a sign does not include ordinary maintenance or repair, repainting an existing sign surface, including changes of message or image, or exchanging the display panels of a sign.

“Athletic scoreboard” means a sign erected next to an athletic field by the owner or operator of the field and which is visible to spectators.

“Attraction device” means any device, design, or symbol that is temporary in nature which is used primarily to attract attention. Banners, windsocks, posters, pennants, flags, ribbons, streamers, inflatable balloons drive by air blowers, and other similar devices are attraction devices.

“Awning” means a shelter projecting from and supported by the exterior wall of a building constructed of rigid or nonrigid materials on a supporting framework.

“Awning sign” means a sign attached to or incorporated into an awning.

“Banner” means any sign made of fabric or other nonrigid material intended to be hung either with or without frames.

“Beacon sign” means any light with one or more beams directed into the atmosphere or directed at one or more points not on the same lot as the light source; also, any light with one or more beams that rotate or move.

“Billboard” means a sign on which any sign face exceeds 200 square feet in area.

“Building front” means the lineal length of a building wall that faces a parking lot and has an entrance or exit open to the general public.

“Building official” means the city of North Bend building official or his or her designee.

“Business” means professions, trades, occupations, shops, and every kind of calling carried on for profit or livelihood.

“Canopy” means a permanent, freestanding, unenclosed, roofed structure.

“City” means the city of North Bend.

“City administrator” means the city of North Bend city administrator or his or her designee.

“City permit technician” means the city of North Bend permit technician or his or her designee.

“City planning director” means the city of North Bend planning director or his or her designee.

“Clearance” means the distance between the average grade below a sign to the lowermost portion of the sign.

“Commercial speech” means any sign wording, logo, or other representation advertising a business, profession, commodity, service, or entertainment for business purposes.

“Component” means, when used in describing a sign, any element of a sign or its source of support (excluding a building), including but not limited to support structure, accessories, wiring, or framing. Paint, vinyl, paper, fabric, lightbulbs, diodes, or plastic copy panels on a sign do not constitute components.

“Decoration” means something that adorns, enriches, or beautifies.

“Display sign” means a small sign either mounted on a building wall oriented to the height of pedestrians, or a freestanding sign oriented to occupants of a vehicle in a drive aisle.

“Double-faced sign” means a sign with sign copy on two faces, generally back to back or with an angle that does not exceed 45 degrees.

“Dwelling” means any building or portion thereof providing complete independent living facilities, including permanent provisions for living, sleeping, eating, cooking, and sanitation.

“Electronic display” means a display created by light emitting diodes, liquid crystal displays, plasma display panels, pixel or sub-pixel technology, or other similar technology.

“Electronic display sign” means a sign including, or comprised solely or partially of, an electronic display which can be changed by automatic means, including, but not limited to, the operation of computer software. Definition does not include readerboard signs.

“File” means to provide a copy of a document along with the appropriate fee to the city permit technician at city hall during working hours.

“Flag” means any fabric, bunting, or other lightweight material that is secured or mounted so as to allow movement caused by the atmosphere.

“Flashing” means, when used in describing a sign, the presence of an intermittent or flashing light source (whether on the face or externally mounted), or the presence of a light source which creates the illusion of intermittent or flashing light by means of animation.

“Freestanding sign” means a sign erected on a freestanding frame, mast, or pole supported in or on the ground and not attached to any building and where the base is not more than 75 percent of the sign width.

“Frontage” means all property abutting a public right-of-way or building frontage along a parking lot.

“Government sign” means a sign that is constructed, placed, or maintained by the federal, state, or local government for the purpose of carrying out an official duty or responsibility or a sign that is required to be constructed, placed, or maintained by a federal, state, or local government, or by order of a court either directly or to enforce a property owner’s rights.

“Grade” means, for freestanding signs, the average elevation of the finished surface of the ground within an area between the base of a structure and a point five feet from the structure. For wall signs, grade means the average elevation of the finished surface of the ground below the mounted sign measured five feet from each end of the sign. In case the structure is parallel to and within five feet of a public sidewalk, alley, or other public way the grade shall be the elevation of the public way measured at a point perpendicular from the center of the sign structure.

“Handheld sign” means a small hand-carried portable sign that is worn or carried by a person when being displayed.

“Height” means, for purposes of this chapter, the vertical distance measured from the highest point of the sign structure to the grade beneath the sign.

“Historical or landmark marker” means a sign constructed in close proximity to a historic place, object, building, or other landmark recognized by an official historical resources entity.

“Holiday lights or mini lights” means light fixtures that use bulbs that are sized C6, C7, or C9 or LED bulbs that are eight mm or smaller.

“Illuminated sign” means a sign illuminated by an internal light source or an external light source primarily designed to illuminate the sign. The illumination is “external” when the light source is separate from the sign surface and is directed to shine upon the sign and “internal” when the light source is contained within the sign, but does not include signs where the text or image is composed of dot matrix or LEDs. External illumination is “direct” when the source of light is directly seen by the public, such as a floodlight, and “indirect” when the source of light is not directly seen by the public, such as cove lighting.

“Incidental sign” means a sign in area of less than two square feet that is not legible to a person of ordinary eyesight with vision adequate to pass a state driver’s license exam standing at ground level at a location on the public right-of-way or other private property.

“Interior sign” means a sign located inside a building and not intended to attract the attention of a person on the outside to the site or to a business.

“LED” means a semiconductor diode that converts applied voltage to light and is used in electronic displays.

“Lot” means a parcel or tract of land.

“Maintenance” means normal care or servicing needed to keep a sign functional or perpetuate its use, such as cleaning, replacing, or repairing a part made unusable by ordinary wear, and changing light bulbs.

“Marquee” means a permanent roofed structure, other than a roof or canopy, attached to, supported by, and projecting from a building.

“Marquee sign” means any sign attached to a marquee.

“Monument sign” means a low-profile freestanding sign affixed to the ground where the base is at least 75 percent of the sign length and width.

“Mural” means any pictorial or graphic work of visual art which is applied directly to a structure with the permission of the owner.

“Nit” means a unit of luminance, or brightness, emitted from a luminous surface, equal to one candela per square meter, measured by pointing a nit gun directly at the rays of the source of illumination.

Nit Gun. See “photometer.”

“Noncommercial speech” means any message that is not commercial speech, which includes, but is not limited to, messages concerning political, religious, social, ideological, public service, and informational topics.

“Nonconforming sign” means a lawful existing sign at the time this chapter or any amendment thereto becomes effective which does not conform to the requirements of this chapter.

“Owner” means the person owning title to real property on which a sign is located, or the contract purchaser of the real property as shown on the last available complete assessment roll in the office of the county assessor. A person who has a continuing lease of the real property on which the sign is located is, also, an owner for purposes of this chapter.

“Permanent sign” means any sign constructed of durable materials and affixed, lettered, attached to or placed upon a fixed, nonmovable, nonportable supporting structure.

“Person” means every person, firm, partnership, association, or corporation.

“Photometer” means an instrument that measures light intensity in terms of luminance. A photometer is a nit gun.

“Portable sign” means a sign not permanently affixed, anchored, or secured to the ground or a structure on the lot it occupies, including trailer signs but excluding signs affixed to or painted on a vehicle.

“Projecting sign” means a sign other than a wall-mounted sign which projects from and is supported by a wall or roof of a building or structure.

“Public right-of-way” means, for purposes of this chapter, travel area dedicated, deeded, or under control of a public agency, including, but not limited to, highways, public streets, alleys, bike paths, and sidewalks.

“Public sign” means a sign erected, constructed, or placed within the public right-of-way or on public property by or with the approval of the governmental agency having authority over, control of, or ownership of the right-of-way or public property.

“Readerboard sign” means a permanent sign with letters and/or advertising providing information in a horizontal linear format that can be readily changed manually, through placement of letters or symbols on tracks mounted on a panel.

“Repair” means mending or replacing broken or worn parts with comparable materials.

“Roof line” means the top edge of a roof or a building parapet, whichever is higher, excluding any cupolas, chimneys, or other minor projections.

“Roof sign” means a sign erected or painted upon, against, or over the roof of a building or structure.

“Rope light” means a light that has holiday lights or mini lights inside of a PVC tube.

“Seasonal decorations” means every type of decoration displayed on a seasonal basis.

“Service drive sign” means a sign erected at a driveway entering a street from a drive-in business establishment or from an off-street parking area, excluding residential driveways serving fewer than five dwelling units. See NBCC 18.68.060(1)(e).

“Setback” means, for the purposes of this chapter, the horizontal distance from the property line to a sign, measured at the closest points of the sign to the property line.

“Sign” means a display, illustration, structure, or device of any kind that has a visual display visible from a public right-of-way and is designed to identify, announce, direct, or inform. The scope of the term “sign” does not depend on the content of the message or image being conveyed.

“Sign area” means an area measured within lines drawn between the outermost points of a sign but excluding essential sign structures, foundations, or supports lying outside and below the limits of a sign and not forming an integral part of the display.

“Sign band” means a continuous horizontal band located on a facade where there are no doors, windows, or other architectural features.

“Sign copy” means the message or image conveyed by a sign.

“Sign face” means the area of a sign on which sign copy is displayed.

“Sign height” means the vertical distance measured from the grade below a sign to the highest attached component of a sign including the supporting structure.

“Sign structure” means the entire structure that comprises the sign, including, but not limited to, the display surface, supports, foundation, and sign tower.

“Sign tower” means a semi-detached structure, not integral to the building and erected for the purpose of signage.

“Single-faced sign” means a sign with sign copy on only one side.

“Site” means the land owned by or under the lawful control of an owner. For purposes of this chapter, individual abutting tax lots held in the same ownership shall be considered separate sites.

“Site sign” means a temporary sign constructed of paper, vinyl, plastic, wood, metal, or other comparable material that is located on a vacant lot or on a lot under construction.

“Street” means the entire width between the right-of-way lines of every way which provides for public use for the purpose of vehicular and pedestrian traffic and including the terms road, highway, lane, place, avenue, alley or other similar designations.

“Street frontage” means the linear length of a site, measured along a line separating the site from a street or public right-of-way.

“String light” means a lighting fixture that is composed of electrical wiring encased in plastic with sockets for bulb placement.

“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 and which requires location on the ground or which is attached to something having a location on the ground.

“Subdivision” means either an act of subdividing land or an area or tract of land subdivided into four or more lots.

“Supporting structure” means a structure specifically intended for supporting or containing a sign.

“Temporary sign” means a sign which, based upon its materials, location, and/or means of construction (e.g., light fabric, cardboard, wallboard, plywood, paper, or other light materials), with or without a frame, is intended or designed to be displayed for a limited period of time.

“Traffic control device” means a device designed to redirect traffic away from property and pedestrians such as road signs, traffic signals, road markings, and traffic bollards.

“Trailer sign” means a sign placed on or affixed to a trailer or other portable device that may be pulled by a vehicle that is not being used for purposes other than the display of signs.

“Unlawful sign” means a sign that does not conform to the provisions of this chapter and is not a legal nonconforming sign.

“Vehicle sign” means a sign painted on, placed in, or affixed to a vehicle that is used for either a personal purpose or is regularly used for purposes other than the display of signs.

“Video sign” means an electronic display sign providing information in a format that uses continuous motion.

“Vision clearance area” means a triangular area on a lot at the intersection of two streets or a street and a railroad, two sides of which are lot lines measured from the corner intersection of the lot lines for a distance specified in these regulations. The third side of the triangle is a line across the corner of the lot joining the ends of the other two sides. Where the lot lines at intersections have rounded corners, the lot lines will be extended in a straight line to a point of intersection. The vision clearance area contains no plantings, walls, structures, or temporary or permanent obstructions exceeding three and one-half feet in height measured from the top of the curb. See NBCC 18.72.090.

“Wall sign” means a sign affixed directly to or painted or otherwise inscribed on an exterior wall and confined to the limits thereof.

“Window sign” means any sign attached to or painted or otherwise inscribed on, or displayed inside a building within 12 inches of a window, with the primary purpose of being viewed from the exterior of the building.

“Yard sign” means a temporary freestanding sign constructed of paper, vinyl, plastic, wood, metal, or other comparable material that is supported by a frame, pole, or other structure placed directly in or upon the ground without other support or anchor on a lot with one or more existing permanent structures. (Ord. 2061 § 1, 2022)

(1) No person shall construct, erect, enlarge, alter, or relocate any sign, or install electrical parts, wiring, or illumination in or upon a sign, until all required permits have been obtained, including, but not limited to, sign permits, building permits, electrical permits, and any other permit required under federal, state, or local law. A sign permit for the construction and continued use of a sign is subject to the terms and conditions stated in the permit and to the provisions of this chapter.

(2) Building and electrical permits shall be the responsibility of the owner. Prior to obtaining building and electrical permits, the owner shall obtain a sign permit or demonstrate an exception from the permit requirements of this chapter.

(3) An application for sign permit approval is subject to the procedures set forth in NBCC 18.70.060.

(4) All illuminated signs must be installed by a state-licensed sign contractor, subject to the requirements of the state electrical code. All electrically illuminated signs shall be listed, labeled, and tested by a testing agency recognized by the state of Oregon.

(5) Except as provided in NBCC 18.70.080, no person shall erect, construct, enlarge, alter, repair, move, improve, remove, convert, demolish, equip, use, or maintain any sign, or cause or permit the same to be done, in violation of any provision of this chapter or a permit issued hereunder.

(6) Nothing in this chapter is intended, nor shall be construed, to permit the erection, construction, enlargement, alteration, or maintenance of any sign at any place or in any manner unlawful under any other federal, state, or local law. When any part of this chapter conflicts with another provision of federal, state, or local law, the provision that establishes the stricter standard shall control.

(7) Nothing in this chapter is intended to and does not restrict speech on the basis of its content, viewpoint, or message. No part of this chapter shall be construed to favor commercial speech over noncommercial speech, or to favor any particular noncommercial message over any other noncommercial message. To the extent any provision of this chapter is ambiguous, the term shall be interpreted to not regulate on the basis of speech content, and the interpretation resulting in the least restriction on the content of the sign message shall prevail.

(8) Signs located within management units within the Coos Bay estuary management plan shall be regulated under the provisions of this chapter based upon the appropriate underlying zone district standards.

(9) Nonconforming signs that were lawfully installed prior to the adoption of the ordinance codified in this chapter may remain subject to NBCC 18.70.100(6). Normal maintenance and repair are allowed provided the cost of the structural repairs does not exceed 50 percent of the replacement value of the sign. If the structural repairs exceed 50 percent of the replacement value of the sign it must conform to the current requirements. (Ord. 2061 § 1, 2022)

(1) Applicability. Except as otherwise provided in this chapter, a permit is required for the construction, erection, enlargement, alteration, or relocation of any sign.

(2) Submittal Requirements. An application for a sign permit shall be filed with the city on forms that comply with the provisions of this chapter and with applicable laws of the state of Oregon. A separate sign permit is required for each sign, except that a combined application for all signs along a single street or building frontage may be accepted. The application for sign permit shall include the following information:

(3) Criteria. An application for a sign permit shall be granted if the following criteria are met:

(4) Inspection Required. A person who constructs, erects, enlarges, alters, or relocates any sign, or installs electrical parts, wiring, or illumination in or upon a sign for which a sign permit is required shall notify the building official immediately upon completion of the work and request a final inspection. Failure to do so shall result in the revocation of the sign permit.

(5) Expiration. Sign permits shall be valid for 180 days after the date of issuance. The planning director may grant a one-time extension for a sign permit, not to exceed 90 days, upon showing that there was reasonable cause for the delay and that the construction, erection, alteration, or other work still complies with this chapter.

(6) Maintenance. All signs, together with the site and all components of the sign structure, shall be kept in good repair, free from deterioration, and in a safe condition. (Ord. 2061 § 1, 2022)

(1) Measurements shall be taken as follows:

(1) General. The signs authorized under this section shall not be included in the limitation on the number of signs allowed on a property, nor shall they be included in the computation of the overall permitted aggregate area, nor shall they be illuminated unless otherwise stated.

(2) The following activities do not require a sign permit:

(3) The following types of signs are allowed without permit subject to the limitations and requirements set forth below:

(1) Except for signs prohibited by this chapter, the following signs are exempt from the provisions of this chapter:

(1) Abandoned Signs. See NBCC 18.70.190(4), Enforcement-removal of Abandoned Signs.

(2) Signs within Residential Zones. No roof sign, trailer sign, or billboard shall be permitted in a residential zone.

(3) Signs within the Central Commercial Zone (C-C). No sign along a street frontage shall be within 40 feet of another sign along the same frontage, unless each sign is at a different elevation.

(4) Obscene Signs. Any sign that is of an obscene character as defined by applicable state and federal law.

(5) Signs Interfering with Traffic.

(6) Unsafe Signs. No person shall construct or maintain any sign or supporting structure except in a safe and structurally sound condition. See NBCC 18.70.190(3), Enforcement-Removal of Unsafe Signs. (Ord. 2061 § 1, 2022)

(1) Public signs within the public right-of-way are only allowed upon approval by the city traffic committee subject to the following standards:

(1) Display Signs.

(1) All electronic display signs shall meet the following standards:

(2) In the event that any component of the sign, including but not limited to, its display, control, communication, design, or other operational component causes any portion of the display to fail or malfunction, including display brightness at luminance levels greater than those set forth herein, the sign owner or operator shall take immediate action to turn the display off, or reduce the entire display to its minimum possible luminance level. The display shall remain in this condition until the problem has been resolved. (Ord. 2061 § 1, 2022)

(1) There shall be not more than six billboards permitted within the city. The inventory of existing billboards is maintained by the planning department. No new billboard may be erected unless it replaces an existing billboard.

(2) The permitting of a new billboard to replace an existing billboard shall be in accordance with the following:

(1) All signs shall be permanent in nature, except for those signs allowed in NBCC 18.70.160. Permanent signs shall be subject to the standards for permitted signs by zone in NBCC 18.70.170.

(2) Sign Types. Permanent signs include the following sign types:

(3) Awning Signs. An awning sign may include a printed or mounted sign. These signs may only be placed on awnings that are located on the ground floor facade of a building. No sign mounted to an awning shall project beyond, above, or below the face of the awning. Awning signs shall also comply with the standards for projecting signs in subsection (8) of this section.

(4) Canopy Signs. Canopy signs may include a printed or mounted sign. The canopy upon which a canopy sign is placed may be attached to a building or attached to a standalone structure. Canopy signs shall also comply with the standards for projecting signs in subsection (8) of this section.

(5) Freestanding Signs. No part of a freestanding sign shall project or extend into any public right-of-way. These signs shall not exceed 30 feet in height, except as follows:

(6) Marquee Signs. No marquee sign shall extend below the lower edge of a marquee. Marquee signs shall also comply with the standards for projecting signs in subsection (8) of this section.

(7) Monument Signs. Monument signs shall include a support structure of wood, masonry, or concrete that is incorporated into the overall design of the sign.

(8) Projecting Signs. Projecting signs shall not project more than eight feet beyond the property line and shall not be closer than two feet to any curb line. These signs shall have a minimum clearance of eight feet above a pedestrian walkway and 15 feet above a public street or alley, driveway, or parking lot.

(9) Roof Signs. Roof signs shall not exceed 30 feet in height, except as follows:

(10) Wall Signs. A wall sign shall be placed flat against the wall within the sign band and shall not project more than four inches from the building. There are no height limitations for wall signs, except that no part of the sign shall extend above the roof eave or roof overhang of the wall on which it is mounted. (Ord. 2061 § 1, 2022)

(1) Temporary signs shall be subject to the standards for signs permitted by zone in NBCC 18.72.170.

(2) Sign Types. Temporary signs include the following sign types:

(3) Attraction Devices. There shall be no limit on the number of attraction devices allowed, except that the total aggregate sign area for all attraction devices on a single site shall not exceed 32 square feet. Attraction devices shall not obstruct any vehicle or pedestrian movement. Banners must be secured so as to avoid flapping in the wind. Flags must be affixed to permanent flagpoles or flagpoles that are mounted to buildings.

(4) Portable Signs. One portable sign per business. Portable signs shall not exceed a maximum of two faces. Portable signs such as sandwich board signs may be placed on sidewalks; provided, that a minimum of three feet of sidewalk width clearance remains available for pedestrian use. These portable signs shall be stored inside each day at close of business.

(5) Site Signs. In all zones, site signs shall not exceed a height of five feet and shall be set back a minimum of five feet from the property line.

(6) Yard Signs. In all zones, yard signs shall not exceed a height of five feet and shall be set back a minimum of five feet from the property line. There shall be no limit on the number of yard signs allowed on a single site. (Ord. 2061 § 1, 2022)

(1) Generally. This section identifies those signs allowed within each of the separate zone districts and sets forth special standards.

(2) Residential Zones.

(3) Commercial and Industrial Zones.

(1) The planning commission may authorize variances from the requirements of this chapter where it can be shown that, owing to special and unusual circumstances related to a specific piece of property, the literal interpretation of this chapter would cause an undue or unnecessary hardship, except that no variance shall be granted to allow the use of a prohibited sign or other sign not authorized within the zone in which the proposed sign would be located. In granting a variance, the city may attach conditions which it finds necessary to protect the best interests of the surrounding property or neighborhood and to otherwise achieve the purposes of this chapter.

(2) Criteria. No variance shall be granted unless it can be shown that all of the following conditions exist:

(3) Procedures. The procedures to be followed in applying for and acting on a variance shall be substantially the same as those provided in Chapter 18.60 NBCC.

(4) Time Limits. Authorization of a variance to this chapter shall be void after six months unless a sign permit has been issued and substantial construction has taken place. The planning commission may extend authorization of the variance for an additional six months upon the written request of the applicant submitted to the planning department prior to the initial six-month expiration period. (Ord. 2061 § 1, 2022)

The planning director or, in the absence of a planning director, the city administrator shall have the power and duty to enforce the provisions of this chapter; and an appeal from a ruling by the planning director or city administrator shall be made to the planning commission, except as otherwise provided for in this section.

(1) Enforcement-Sign in Public Right-of-Way or on City-Owned Real Property.

(2) Enforcement-Sign on Private Property or on Non-City-Owned Public Property, Other Than on Public Right-of-Way.

(3) Enforcement-Removal of Unsafe Signs.

(4) Enforcement-Removal of Abandoned Signs.