The Dalles City Zoning Code
CHAPTER 10
13 SIGN REGULATIONS
§ 10.13.010.010 Purpose.
The purpose of this Chapter is to provide reasonable and necessary regulations for the erection and maintenance of signs in order to:
A.
Promote free and meaningful exchange of ideas and information.
B.
Protect the health, safety, property, and welfare of the public.
C.
Improve the neat, clean, orderly, and attractive appearance of the City.
D.
Improve the effectiveness of signs in identifying and advertising businesses and facilities.
E.
Provide for the reasonable, orderly, and effective display of outdoor advertising.
F.
Preserve, protect, and enhance the economic, scenic, historic, and aesthetic values and objectives of the City and its citizens.
G.
Provide effective signing to meet the anticipated differing needs of various areas in the City.
§ 10.13.010.020 Scope.
The provisions of this Chapter apply to all lands within the City limits of the City of The Dalles. The provisions of this Chapter apply to all lands outside the City limits but within the urban growth boundary of the City of The Dalles, from the date of adoption of this Title by the Wasco County Court in accordance with the City/County Joint Management Agreement.
§ 10.13.010.030 Definitions.
Words used in the present tense include the future, the singular number includes the plural, and word "shall" is mandatory and not directory, and the word "building" includes "structure" other than "sign structure." Types of signs are described under the term "sign" unless the context otherwise requires:
means any form of movement by electric, mechanical, or kinetic means including, but not limited to rotation, revolving, or wind activation of all or a portion of a sign incorporating flashing or intermittent light for sign illumination or for changing the message on a message sign.
means a plastic approved by Underwriters Laboratory for use in construction of electric signs.
means the total area of a sign, including all decorative or structural trim, facing announcement, demonstration, display, illustration, or any other attention-getting device, exclusive of essential structural supports.
means a roof-like structure that extends from a building face, generally frame constructed with a cloth or metal cover. An awning contains a sign when a message is incorporated by design or attached to the awning surface.
means the primary front of a building as viewed from the public street to which it is orientated. The area of a building front is calculated as the height multiplied by the width of the primary front.
means all of the activities carried on by the same legal entity on the same premises and shall include, but not be limited to, charitable, fraternal, benevolent, educational, and social organizations.
means a permanent-roofed structure which may be freestanding or partially attached to a building for the purpose of providing shelter to pedestrians or patrons in automobiles but shall not mean a completely closed structure.
means the City of The Dalles, Oregon.
means a display in the form of letters, figures, characters, representations, or others in cutout or irregular form attached to or super-imposed upon an advertising sign.
means the Director of the Community Development Department of the City of The Dalles, or the Director's official designee, charged with the responsibility for administration of this Title.
means the area made available by the sign structure for the purpose of displaying a message thereon.
means to construct, paint, place, affix, or otherwise bring into being.
means a sign designed to display electronic messages that move, flash, or scroll, the content of which may be changed.
means a material that will not ignite at or below a temperature of 1,200 degrees F. during an exposure of 5 minutes and which will not continue to burn or glow at that temperature when tested in accordance with the UBC.
means a building with a roof less than 12 feet above the sidewalk.
means to allow to exist or continue.
means a permanent roofed structure attached to or supported by a building but does not mean a "canopy" as defined herein.
means any depiction, other than a business logo, not using words. A depiction which is a combination of scenes and words can be divided so that the sign area is limited to the area around the words. Mural also means those murals and words showing historic scenes.
means a molding, batten, caps, nailing strip or stringer, lattice, cutout, letter or walkway attached to a sign structure.
means an individual, corporation, partnership, association, joint venture, or other legal entity.
means the distance which a projecting sign extends from a building face or the distance by which any other type of sign extends over public property.
means the line which marks the highest point of the vertical front of a building in the case of a false front or the line where the roof is joined to the vertical front wall of the building in other cases.
means a building or group of buildings planned and developed as a center on land with two or more retail business occupancies existing or planned. A "shopping center" shall not include a business which fronts on a collector street and which has a marked segregated parking or use area separate from the shopping center parking. Two or more businesses not otherwise qualified may voluntarily join to form a "shopping center" by executing a form provided by the Director including written consent of the owner or owners of the premises, including a provision for removal of nonconforming signs if the "shopping center" is discontinued.
means any sign, display, message, light (other than lighting designed primarily for the illumination of premises), emblem, device, figure, mannequin, painting, drawing, placard, poster, or other thing that is designed, used, or intended for an advertising purpose and includes, where applicable, the sign structure, display surface and all components of the sign. "Sign" includes, but is not limited to:
"Abandoned sign"a. b.
means a sign for an advertised business that is no longer conducted in or upon the premises on which a sign is located; such sign shall be considered an abandoned sign subject to removal by the person who owns the sign or the owner of the building, structure, or premises on which the sign is located. The following are not considered an abandoned sign:
An advertising sign for which a person has merely leased or contracted advertising space thereon.
A sign to which the successor to a person's business location or business agrees to maintain as provided in this Chapter by the filing of a letter of intent with the Director within 30 days after notification of a violation of this provision.
"Advertising sign"
means a sign which advertises goods, products, business or services which are not sold, manufactured or distributed on or from the premises or facilities on which the sign is located.
"Building directory"
means a sign giving the name and room number or location of the occupants of a building.
"Directional sign"
means an on-premises sign designed to be read by a person already on the premises and used only to identify and locate an office, entrance, exits, motor vehicle route, telephone, or similar place, service or route.
"Electric sign"
means a sign containing electrical wiring.
"Flush sign"
means a sign erected on the face of a building, marquee, canopy, or roof overhang in a place parallel to such face and not extending more than 12 inches therefrom. A "flush sign" also includes a sign erected against supporting or ornamental columns supporting an overhanging roof in a place generally parallel to the nearest building face. An "attached flush sign" is a flush sign which does not extend beyond the corners of a building and is located under the eaves.
"Framed sign"
means a sign placed within a rigid border which prevents the sign from moving. A framed sign may be allowed within the total sign allowance, if possible. If not, then it is treated as a temporary sign and is allowed for up to 90 days.
"Freestanding sign"
means an on-premises sign supported by one or more uprights or braces in the ground and detached from any building or structure.
"Ghost sign"
means any sign, at least 50 years old, on a wall or other portion of a building which advertises a business, service, or product no longer found at that location.
"Message sign"
means a sign providing information by means of sequential illumination of lights contained in or upon the sign.
"Motor vehicle directional sign"
means a sign identifying motor vehicle entrances or exits to or from the premises on which the sign is located.
"Nonconforming sign"
means a sign which does not conform to the provisions of this Title.
"On-premises sign"
means a sign which advertises only the business or the goods, products, or facilities located on the premises on which the sign is located or the sale, rent, or lease of the premises.
"Principal sign"
means the primary permanent on-premises sign designed to identify or advertise a business or facility to motorists or pedestrians approaching the business or facility.
"Projecting sign"
means a sign other than a flush sign which projects beyond the building face to which it is attached.
"Roof sign"
means a sign erected upon the roof of a building, roof structure, or a flat canopy or marquee roof.
"Secondary sign"
means a freestanding sign on the premises where the building is set back from the front property line, as hereinafter specified.
"Secondary marquee sign"
means a marquee sign located only on an alley and under a canopy or flush to the building.
"Secondary wall sign"
means an incidental, permanent, on-premises flush sign.
"Temporary sign"
means a sign, banner, balloon, pennant, valance, or advertising display constructed principally of cloth, paper, cardboard, plywood, wood, wallboard, plastic, sheet metal, or similar light weight materials with or without a frame and which is not permanently affixed to any sign structure, sign tower, pole or building. Except for a balloon, banner, pennant or valance constructed of cloth, flexible light weight plastic, paper or cardboard, temporary signs shall be limited to signs displayed five feet or less above ground level.
"Window sign"
means a sign located on the outside of a building, but affixed to the window and within the boundaries of the window frame.
"Under marquee sign"
means a sign erected under and supported by a marquee or canopy.
"Unsafe sign"
means any sign deemed to be unsafe by the Director.
means a lot line fronting on a street or highway. The width along such lot line must be at least 50 feet to qualify as a "street frontage," unless the premises has only one such frontage. Access to a street or highway is not required to establish a "street frontage" on a lot line fronting on a limited-access highway.
means the Uniform Building Code as adopted by the State of Oregon.
means the boundary established as the outer limit for urban growth, as acknowledged by the Oregon Land Conservation and Development Commission.
means a zone established pursuant to this Title.
§ 10.13.020.010 Sign Permit.
No sign shall hereafter be erected, re-erected, constructed, altered or maintained until a sign permit has been issued, unless no permit is required under Section 10.13.020.030. Where a group of signs is to be erected on the same building at the same time, each sign requires a separate permit. The application procedure is set forth in Section 10.13.020.040.
§ 10.13.020.020 Permit Fee.
Before a sign permit is issued, a permit fee therefor shall be paid to the City. The City Council may, at any time, adopt a resolution to set or adjust sign permit fees.
§ 10.13.020.030 Permit Exceptions.
A sign permit shall not be required for routine maintenance, such as repainting and repair of existing signs. Exceptions are also made for exempt signs listed in Section 10.13.030.010. However, a permit is required for a change of business name or any structural alteration to an existing sign.
§ 10.13.020.040 Permit Procedure.
A.
Installer shall consult with the Director and where appropriate will be provided with a sign permit application.
B.
The completed application shall be submitted with the appropriate fee and drawings to indicate the dimension, location, and height of all existing and proposed signs for the subject business.
C.
Electric signs shall require notations to indicate capacity, power consumption, and shall bear U.L. approval labels. A permit for an electric sign will not be issued until an Oregon State Building Codes electrical permit is presented to the Director.
D.
The Director may require additional information, such as photographs, needed to determine whether the proposal meets the requirements of this section.
E.
The completed application shall include proof the installer is a licensed contractor with the State of Oregon Construction Contractor's Board.
F.
The Director will determine when the application is complete. The permit will be approved or denied within 15 days from the submittal date, unless referred to a City Commission as herein provided. Variances and appeals will be processed as set forth in Section 10.13.070.100.
G.
When approved, a permit shall be issued by the Director with the name of the sign installer thereon. The sign installer shall retain the permit for inspection during construction.
H.
Sign applications shall expire 60 days after approval unless a sign permit has been issued. If signs are not installed within 60 days after issuance, the sign permit shall expire.
§ 10.13.020.050 Measurement.
All signs shall be measured to include the entire sign area as follows. The area of a sign composed of individual block letters and/or individual decorative devices, displays, illustration, etc. or other attention-getting device, shall be the area included between 2 sets of horizontal and vertical lines as follows:
§ 10.13.030.010 Exempt Signs.
Unless determined by the Director to be a hazard to motorists, pedestrians, or property, the following signs are exempt from the permit process, but shall comply with the safe erection and maintenance standards of Article 13.060, and with all specified standards of this Chapter.
A.
ATM Sign. Unless otherwise allowed additional signage, each ATM shall be allowed 1 sign not to exceed 4 square feet.
B.
Benches with advertising thereon if approved by the Planning Commission.
C.
Building directory signs are permitted in shopping centers and multi-tenant buildings.
D.
Christmas or seasonal decorations as customarily used.
E.
Construction signs of 32 square feet for nonresidential construction, and 16 square feet for nonresidential construction, and 16 square feet for residential construction, during construction from the time a building permit is issued to completion.
F.
Community interests may be identified by the City on a temporary or permanent basis. Such signs may promote, but are not limited to, the promotion of: community events, public parks, and points of interest that serve a substantial public purpose.
G.
Directional sign erected by public authority.
H.
Flags of the United States, State of Oregon, United States or State of Oregon Military Service, foreign countries, United Nations, or civic, fraternal, veterans, or charitable organizations.
I.
Garage/yard sale signs are allowed, 1 per calendar month to a premises, with a maximum of 3 square feet in area, and not to exceed 72 hours in duration.
J.
Historic landmark signs that are erected by the City or the owner of a historic building or placed in accordance with an official historic designation.
K.
House or building numbers limited to 6 inches in height for dwellings of 4 or less families and 1 foot in height for other buildings.
L.
Historic murals and murals not containing words or logos.
M.
Name signs denoting the name of the owner or occupant, limited to 2 square feet in sign area.
N.
Non-illuminated directional and motor vehicle directional signs painted on paving or otherwise limited to a maximum height of 4 feet and a sign area of 8 square feet, and prohibited in residential zones. Up to one quarter of the maximum of 8 square feet may be a logo or company name.
O.
Official sign, traffic sign, or traffic signal, including, but not limited to, a sign identifying a public building or use or erected by a public officer performing an official duty under law, court, or administrative officer.
P.
Permanent building identification limited to 24 square feet in a sign area and prohibited in residential zones.
Q.
Permanent political, ideological, religious signs which convey a message but which do not advertise a product or service for sale; provided such signs shall be subject to all sections and regulations concerning size, placement, materials, and the type and soundness of supporting structure.
R.
Signs located inside a building, unless such sign is prohibited under Section 10.13.030.030.
S.
Street banners approved by the City Manager advertising a public entertainment or event and conditioned upon safe erection and maintenance and such conditions as the City Manager may attach, including, but not limited to, insurance and bonding.
T.
For Sale Signs. A temporary "For Sale" sign not exceeding 6 square feet in area with a maximum height of 4 feet may be erected upon private residential property; provided that it advertises the sale, lease, or rental of the property upon which it is erected. One additional "For Sale" or "Open House" sign limited to the same size. On commercial property one "For Sale" sign not exceeding 32 square feet may be erected upon the property for sale.
U.
Political campaign signs shall be erected only on private property. Signs shall comply with the vision clearance provisions in Article 6.100. Signs may be erected during the campaign for a period of 60 days prior to the election in which candidates or issues are to be voted upon. Signs shall be removed not later than the fifth day following the election.
V.
Subdivision Signs. A temporary subdivision sign may be erected upon a tract of land designated as a subdivision advertising sale of the tract or lots in the tract. Such signs are only allowed for up to 5 years after approval of subdivision. Allow 32 square foot maximum for subdivision signs.
W.
Warning sign erected to warn the public of a danger on, or limiting access to, public and private property, limited to a maximum width dimension of 2 feet, a maximum sign area of 4 square feet, and maximum height of 6 feet.
X.
Tourist Oriented Destination (TOD) Signs. It is the purpose of this Chapter to allow signs for TODs not readily visible from public roads under the following set of criteria:
1.
Signs generally will be allowed at intersections only.
2.
Businesses must have permanent restroom facilities, a business telephone, drinking water, and adequate on-site parking.
3.
If the business is not open during normal business hours, the sign must indicate the hours it is open.
4.
Except as provided for in paragraph 3 above, only the business name, a directional arrow, and the distance to the site is allowed on the sign.
5.
If the business is seasonal, the sign may be covered during the off season.
6.
The number of signs is limited to the minimum necessary to adequately direct visitors similar to ODOT regulations.
7.
An application with fee is required.
8.
The business will be responsible for costs of installation, maintenance, and sign replacement, plus an annual fee.
9.
If businesses need multi-jurisdictional approvals for adequate signage, City approval is contingent on all approvals being granted.
10.
The sign may be up to 3 feet by 3 feet in size, and the design will be similar to that allowed by Wasco County for similar purposes.
Y.
One 20 square foot name sign in the CFO zone.
Z.
Window signs.
AA.
Ghost signs.
§ 10.13.030.020 Temporary Signs.
A.
Nonprofit signs identifying or advertising a nonprofit civic, charitable, or benevolent event complying with the same requirements as temporary signs to be used for promotional purposes, except no permit is required.
B.
Signboards. Signboards may be used under the following conditions:
1.
A permit is required.
2.
The signboards are limited to the premises of the business location.
3.
The signboards must be on private property.
4.
The size, number, hours of display, attachments, maintenance, fees, and enforcement are as provided for in the relevant provisions of Section 10.13.050.160: Sidewalk Signboards.
C.
Commercial and promotional signs may be used only on private property and subject to the following:
D.
One temporary sign per street frontage is allowed in addition to the regular sign allowance, up to 90 days in duration. A no fee permit is required.
E.
Balloons and other inflatable devices, except during community events, are allowed only for a period of 7 days, and are allowed in addition to any other temporary sign.
§ 10.13.030.030 Prohibited Signs.
No sign shall be erected or maintained which:
A.
Bears or contains statements, words or pictures of an immoral character, that will offend the public morals or decency.
B.
Extends or is erected, (such as a roof sign) above the roof line of the building to which it is attached, except as provided in Section 10.13.050.060.
C.
The Director determines to be creating confusion with or interfering with the effectiveness of traffic signs or signals or signs that resemble traffic signs.
D.
Is placed on, affixed to, or painted on a motor vehicle, vehicle, or trailer and placed on public or private property for the primary purpose of providing a sign not otherwise permitted by this Title.
E.
Is a private sign placed on, painted on, or affixed to any utility pole.
F.
Is located in an area of the City zoned residential, except for those signs designated in Sections 10.13.030.010, 10.13.040.010 and 10.13.040.040.
G.
By use of lights or illumination, creates an unduly distracting or hazardous condition to a motorist or pedestrian. No exposed reflective-type bulb, spot, or incandescent lamp shall exceed 30-watt capacity.
H.
A sign that exceeds an average horizontal foot candle of 0.3 at an adjacent property line of a residentially zoned property.
I.
Is otherwise in violation of any provision of this Title.
§ 10.13.040.010 Signs in Residential Zones.
These areas are not zoned for commercial use, but are permitted the following non-animated, nonilluminated signs.
A.
One 4-square-foot flush sign for homes with approved home occupation permits.
B.
Community facility signs permitted by Section 10.13.040.040.
C.
Multifamily housing complexes with at least 4 dwellings are allowed a flush or a freestanding sign no more than 8 feet above grade, as follows.
Number of dwelling units | Sign area |
|---|---|
4 to 8 | 12 square feet |
9 to 15 | 24 square feet |
16 to 24 | 32 square feet |
25 or more | 48 square feet |
§ 10.13.040.020 Signs in Neighborhood Commercial Zones.
These areas are zoned for limited commercial use and are surrounded by residential neighborhoods, and are permitted the following signs.
§ 10.13.040.030 Signs in Recreational Commercial Zones.
These areas are zoned for limited recreational and commercial uses, and are permitted the following signs.
A.
The same signs as allowed in the Neighborhood Commercial Zone, Section 10.13.040.020; and
B.
A freestanding principal sign for non-advertising community use, such as a park sign, with a 48-square-foot limit, not to exceed 8 feet above grade.
§ 10.13.040.040 Signs in Community Facilities Overlay Zones.
These areas are zoned for community facility uses as an overlay to the primary (residential, commercial, etc.) underlying zone. Signs for the purpose of identification of a public or private facility which serves a substantial public purpose, including, but not limited to, churches, schools, hospitals, medical offices, clinics, radio/television stations and utility substations are permitted as follows: One flush or freestanding sign not to exceed 48 square feet in area. The top of a freestanding sign shall not exceed 8 feet above grade.
§ 10.13.040.050 Signs in Central Business Zones.
These areas are zoned for a variety of retail and service business uses, and are allowed the following signs.
A.
One principal sign, either flush, projecting, or freestanding. If projecting or freestanding, limited to 1 square foot for each linear front foot of the major street frontage of the property with a maximum of 100 square feet, and subject to the requirements of Section 10.13.050.030.
B.
A secondary sign if the building is set back over 20 feet from the property line, a maximum of 35 square feet of sign area not to exceed 20 feet in height above street grade.
C.
One maximum 48 square foot sign, either flush mount or freestanding in the CBC zone. Freestanding sign limited to 8 feet in height.
§ 10.13.040.060 Signs in General Commercial Zones.
These areas are zoned for a variety of retail, wholesale, and service business uses, and are allowed the following signs.
A.
The same principal signs as allowed in the Central Business Zone, Section 10.13.040.050.
B.
A secondary sign if the building setback is 50 feet, a maximum of 50 square feet of sign area not to exceed 20 feet in height above street grade.
§ 10.13.040.070 Signs in Light and Heavy Industrial and Manufacturing Zones.
These areas are zoned for a variety of industrial, manufacturing, and limited commercial and residential uses. The following signs are allowed.
A.
The same principal signs as allowed in the Central Business Zone, Section 10.13.040.050.
B.
A secondary sign if the building setback is 50 feet, a maximum of 50 square feet of sign area not to exceed 20 feet in height above street grade.
§ 10.13.040.080 Signs in the Highway District.
A.
This district was formed to allow greater visibility of signs proximate to primary and secondary highways. For the purposes of this section the Highway District is described as follows: Any parcel within 100 feet of each right-of-way line of U.S. Highway I-84N from the West Urban Growth Boundary (UGB) to the East UGB, and Oregon State Highway No. 292 (West Second Street) from its intersection with Webber Street, westerly to the UGB.
B.
The following signs are allowed in the Highway District.
1.
The same principal signs as allowed in the Central Business Zone, Section 10.13.040.050, except that a freestanding sign may have a maximum area of 250 square feet, given 1 square foot of sign area per linear foot of major street frontage.
2.
A secondary sign if the building is set back at least 50 feet from the property line, a maximum of 50 square feet of sign area with a maximum height of 20 feet above grade.
§ 10.13.040.090 Signs for Shopping Centers in Appropriate Zones.
Retail shopping centers are generally located in the Central Business and General Commercial Zones and are allowed the following signs: Each tenant is allowed flush signs at a maximum of 25% of the building front. Only 1 freestanding sign permitted for the center, with the same area and height allowances provided for in the Highway District (250 square foot area and 40-foot height maximum).
§ 10.13.040.100 Historic Districts.
Notwithstanding other provisions of this Title, signs in historic districts must meet the Historic District guidelines for signs, or seek approval from the Historic Landmarks Commission.
§ 10.13.050.010 Principal Sign.
A principal sign is limited to a combination, freestanding, flush, or projecting sign.
§ 10.13.050.020 Secondary Sign.
A secondary sign is a freestanding sign on the premises where the building is set back from the front property line.
§ 10.13.050.030 Freestanding and Projecting Signs.
Such signs shall be located in conformity to this Title.
A.
A freestanding sign shall not exceed a maximum height of 40 feet above the street grade.
B.
Signs may project 12 inches over an alley with a minimum clearance of 14 feet above grade and may project an additional 12 inches for each 24 inches of additional clearance above grade, to a maximum projection of 36 inches.
C.
Except in alleys or other areas of vehicular traffic, a minimum of 8 feet clearance shall be maintained from the bottom of a projecting or freestanding sign, and the level of the sidewalk or grade immediately below at the building line with a maximum projection of 12 inches. For each additional projection of 6 inches the sign shall have 12 inches of vertical clearance above the 8-foot minimum requirement (see diagram below). In no case shall the maximum projection exceed 5 feet nor shall any sign extend closer to the street or alley than 2 feet from the outer curb face or 2 feet from the traveled surface where no curb is present.
Clearances for Projecting Signs  |
D.
Unless approved by the Director for a minimum number of braces on a building face not able to support a projecting sign, no projecting signs shall be supported by a frame commonly known as an "A-frame" or other visible frame located on a building roof.
E.
To ensure traffic safety, signs shall be located in accordance with the "clear vision area" provisions of this Title.
F.
Allow each property 1 freestanding sign per street frontage, up to a maximum of 100 square feet, in the CBC, CG, and CR zones, separate from other allowances.
(Ord. 23-1400)
§ 10.13.050.040 Flush Signs.
Flush signs shall comply with the following standards and specifications:
A.
Maximum Area.
1.
Residential Zones. Two square feet in area. Multifamily complexes are allowed larger signs in accordance with Section 10.13.040.010(C).
2.
Shopping Centers. Twenty-five percent of building front maximum.
3.
Neighborhood Commercial Zones. Twenty-five percent of building front maximum.
4.
Central Business Zones. Fifty percent of building front maximum.
5.
General Commercial and Industrial Zones. Fifty percent of building front maximum.
6.
Highway District. Fifty percent of building front maximum.
7.
Recreational Commercial Zone. Fifty percent of building front maximum.
8.
Community Facilities Overlay Zone. Forty-eight square foot maximum.
B.
Placement and Projection.
§ 10.13.050.050 Message Signs.
Message signs are limited to stationary time, date, temperature signs, or rotating signs with a maximum speed of 7 revolutions per minute.
§ 10.13.050.060 Roof Signs.
Roof signs are permitted only on low profile buildings and the top of roof signs shall not extend more than 12 feet from sidewalk grade.
§ 10.13.050.070 Secondary Marquee Signs.
Secondary marquee signs shall not be over 8 square feet in area, shall be located under a canopy or flush in an alley with a minimum of 7 1/2 feet clearance.
§ 10.13.050.080 Home Occupation Signs.
Non-illuminated home occupation signs are permitted in the residential district, not to exceed 4 square feet in area and flush mounted.
§ 10.13.050.090 Service Station Island Signs.
Signs in addition to principal and secondary signs to designate the type of fuel, or a promotional sign for fuel only, and signs indicating fuel price are allowed at the rate of 4 square feet maximum per pump island. In addition, 1 sign designating fuel prices may be attached to a pole with the top of the sign not to exceed 12 feet above ground level, with a maximum area of 32 square feet.
§ 10.13.050.100 Restaurant Menu Board.
Signs in addition to principal and secondary signs for a restaurant with a drive-through window are allowed; no more than 2 menu boards not to exceed a total of 64 square feet, with a maximum height of 8 feet.
§ 10.13.050.110 On-Premises Signs.
All on-premises signs must utilize at least 50% of the sign area for advertising the main business on the premises. Signs that contain more than 50% off-premises advertising shall be regulated under Section 10.13.050.150.
§ 10.13.050.120 Secondary Street Frontage Signs.
Secondary frontage signs shall be of a flush type only. Size limits for secondary frontage flush signs are those given in Section 10.13.050.040.
§ 10.13.050.130 Electric Signs.
Electric signs shall bear the Underwriters Laboratories, Inc. seal of approval. All electrical signs shall be installed in accordance with the National Electric Safety Code as regards distances from electrical line. Electrical equipment used in connection with display signs shall be installed in accordance with the City ordinances regulating electrical installations.
§ 10.13.050.140 Animated Signs.
Except for message signs of the type giving time and temperature information, or signs rotating at a speed not to exceed 7 rpms, no sign which has any mechanical moving, revolving, rotating, or animated parts are allowed.
§ 10.13.050.150 Off-Premises Advertising Signs.
Advertising signs shall be located only in General Commercial and Industrial Zones, as designated by this Title.
A.
The maximum height above grade shall be 24 feet, but shall be increased to 40 feet in the Highway District.
B.
Outdoor advertising signs shall have metal primary structural members.
C.
Size.
1.
Primary and Secondary Highways. The maximum number of advertising signs shall not exceed 8 per mile with no more than 5 on one side of the street and no closer than 500 feet apart when measured at right angles to the street or highway centerline to which the sign is oriented. Sign area shall not exceed 672 square feet, with maximum dimensions of 14 feet vertical and 48 feet horizontal.
2.
City Streets. The maximum number of advertising signs shall not exceed 8 per mile with no more than 5 on one side of the street and no closer than 300 feet apart when measured at right angles to the street centerline to which the sign is oriented. Sign area shall not exceed 288 square feet, with maximum dimensions of 12 feet vertical and 24 feet horizontal.
§ 10.13.050.160 Sidewalk Signboards.
Sidewalk signboards are allowed for any business in the Central Business Commercial zone, whenever there is a minimum of 6 feet of clear, concrete sidewalk passage, excluding pavers.
B.
Number. One sidewalk signboard per business is allowed. More than one business can be listed on a sidewalk signboard.
C.
Placement.
1.
Sidewalk signboards shall be located adjacent to the property occupied by the business; no offsite sidewalk signboards are allowed.
2.
Sidewalk signboards shall not be placed closer than 3 feet from the entrance to the business or storefront, measured from the nearest door edge to the near edge of the sign (see diagram).
 |
3.
Sidewalk signboards shall not be placed closer than 3 feet from the edge of the property line, measured from the nearest property corner to the near edge of the sign (see diagram).
 Street |
4.
Sidewalk signboards shall be placed at least 6 feet apart, measured from the near edge of one sign to the near edge of the other sign.
5.
Sidewalk signboards shall not be placed in front of murals, except where the bottom of the mural is above the top of the sidewalk sign.
6.
Sidewalk signboards shall not be allowed in alleys.
D.
Hours of Display. Sidewalk signboards shall only be displayed during business hours. The signs shall be moved indoors when the business is closed. In the case where multiple businesses are displayed on a single sidewalk signboard, only one of the businesses needs to be open for the sidewalk signboard to be displayed.
E.
Attachments. No extraneous fixed or moving attachments shall be placed on any sidewalk signboard.
F.
Materials.
1.
The following materials are acceptable for use in the construction of sidewalk signboards:
2.
Exposure 1 and interior grade plywood shall not be allowed. Veneer grades B, C-Plugged, C or D shall not be allowed.
3.
No sandbags, concrete blocks, scrap metal, or other similar materials shall be used to stabilize any sidewalk signboard.
4.
Staples, zip ties, thumbtacks, and other similar materials shall not be allowed in the assembly of the sidewalk signboard, nor to affix materials to said sign.
G.
Design.
1.
Signboards shall not be lighted in any manner, other than incidentally by other lighting.
2.
No neon or fluorescent colors shall be allowed.
3.
Sidewalk signboards shall be secured against the wind, in order to keep the signs from falling over and to keep applied materials from blowing away.
4.
Any and all lettering and/or other display information shall be applied in a professional manner, that is, be of a quality that would be provided if the sidewalk signboard was created by a professional sign-making company.
5.
For base and frame-type signs, the height of the base pad cannot exceed one-quarter inch for the first 10 inches from either leading edge (see diagram).
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6.
Sidewalk signboards in The Dalles Commercial Historic District and Trevitt's Addition shall adhere to design standards set forth in the document entitled "Design Guidelines for The Dalles Commercial Historic District and Trevitt's Addition."
H.
Maintenance. Signs must be kept in a state of good repair and condition, and free from the following conditions:
1.
Rust;
2.
Chipped or peeling paint;
3.
Delaminating or peeling materials;
4.
Scratched materials;
5.
Faded, smudged, smeared, or streaked images or lettering;
6.
Missing hardware;
7.
Poor craftsmanship or construction that would cause the sign to be structurally unsound and thereby pose a health or safety hazard;
8.
Any other condition that the Director of the Community Development Department deems to be contrary to the purposes of promoting visually-appealing and structurally-sound signage.
I.
Fees. There is a one-time fee for a sidewalk signboard permit. The fee and permit are not transferable to other sidewalk signboards.
J.
Enforcement. The following notice and enforcement standards shall apply to the placement and display of sidewalk signboards.
1.
For purposes of administering the provisions of this Article, the City Manager shall appoint appropriate staff persons.
2.
An unsafe sidewalk signboard shall be defined as a sidewalk signboard that violates any of the following provisions:
b.
Any placement standard set forth in paragraphs (C)(1) through (6) of this section;
c.
The design standards set forth in paragraph (G)(3) or (5) of this section; or
d.
Any maintenance standard set forth in paragraphs (H)(1) through (8) of this section, such that the condition of the sign poses a danger to the health or safety of the public.
3.
In the case of a sidewalk signboard which has been determined to be unsafe, the authorized staff person shall immediately attempt to give verbal notice of the violation to the owner or owners of the business(es) that the sidewalk signboard advertises, or to an on-site employee of the business(es). In the event the responsible person(s) who is provided notice under this Article refuses to correct the violation immediately, the authorized staff person shall remove or cause others to remove and impound the sign.
4.
In the case of a sidewalk signboard which is displayed during non-business hours, the authorized staff person shall issue a written notice of the violation. The notice shall be given to the owner or owners of the business(es) that the sidewalk signboard advertises, and shall be either delivered personally or by certified mail, return receipt requested, sent to the owner's last known address of record. The notice shall require correction of the violation within 5 days from either the date of personal delivery of the notice, or the date of mailing of the notice.
a.
If the violation is not corrected within the 5-day period, the authorized staff person shall send a second written notice of violation, by certified mail, return receipt requested, to the owner or owners of the business(es) that the sidewalk signboard advertises, indicating that the sidewalk signboard may be impounded if the violation is not corrected within 5 days from the date of mailing of the notice.
b.
If the violation remains after issuance of the second notice, the authorized staff person may remove or cause others to remove and impound the sidewalk signboard.
5.
For other sidewalk signboards which have been determined not to conform to the provisions of this Article, the authorized staff person shall issue a written notice of noncompliance. The notice shall be given to the owner or owners of the business(es) which the sidewalk signboard advertises. The notice shall either be delivered personally to the business owner(s), or sent by certified mail, return receipt requested, to the business owner(s) at the owner's last known address of record. The notice shall set forth the nature of the violation, and shall require the violation be corrected within 15 days from either the date of personal delivery or the date of mailing of the notice, unless the time for compliance is extended for good cause shown. If the nonconforming sign is not brought into compliance within the required time period, the authorized staff person may remove or cause others to remove and impound the sidewalk signboard.
6.
Upon impoundment of a sidewalk signboard under the provisions of paragraph 3, 4, or 5 of this subsection, the authorized staff person shall post a notice of impoundment in a visible location upon the premises of the business which the sign advertises. The authorized staff person shall immediately provide a copy of the impoundment notice to the business owner(s) by either personal delivery or by certified mail, return receipt requested, sent to the owner's last known address of record.
a.
The notice of impoundment shall specify the sections of the section which have been violated, the place and time when the impounded sign can be recovered, the cost of any fee which must be paid to recover the sign, and the length of time until the impounded sign is discarded if the sign is not reclaimed.
b.
The notice shall also provide the owner(s) of the sign which has been impounded with notice that they may request a hearing to contest the validity of the impoundment. A request for a hearing must be made, to the Director of the Community Development Department, within 5 calendar days after either the date of personal delivery of the impoundment notice, or the date that notice of impoundment was mailed, as evidenced by the postmark, not including Saturdays, Sundays or holidays. When a timely request for a hearing is made, a hearing shall be set in the Municipal Court for 4 calendar days after the request is received, excluding Saturdays, Sundays, and holidays, but may be postponed at the request of the person asking for the hearing. The Municipal Court Judge shall determine whether impoundment of the sidewalk signboard was proper.
7.
In order to retrieve an impounded sidewalk signboard, the owner of the sidewalk signboard shall present a copy of the impound notice to the Community Development Department at the time and place indicated on the notice of impoundment.
a.
The fee to retrieve an impounded sidewalk signboard for a first violation of this Article, a second violation of this Article, and for a third or subsequent violation of this Article, shall be established by resolution adopted by the City Council. For purposes of this Article, the number of offenses shall be calculated based upon the number of violations attributable to the business owner(s) of the sidewalk signboard, who has violated the provisions of this Article.
b.
Any sidewalk signboard which has been impounded and is not reclaimed within 90 days from the date of impoundment, may be disposed of by the authorized staff person.
(Ord. 19-1370)
§ 10.13.050.170 Sandwich Boards and A Frames.
A.
No more than one "sandwich board" or "A frame" of a maximum of 5 feet above ground level shall be allowed for each premises.
B.
Signs shall be located only on private property.
C.
This sign allowance is for areas zoned Commercial or Industrial and outside the Central Business Commercial zone. See Section 10.13.050.160 for sidewalk signboards allowed in the Central Business Commercial zone.
D.
The permit fee for sandwich boards and A frames shall be the same as for sidewalk signboards.
§ 10.13.060.010 Maintenance and Appearance.
All signs shall be maintained in a safe, neat, clean, and attractive condition.
A.
Signs shall be kept from excessive rust, corrosion, peeling paint, or other surface deterioration. The display surfaces, trims, frames, and supports of all signs shall be kept neatly painted or otherwise neatly maintained, as applicable.
B.
On-premises ground signs shall be directly supported by poles or supports in the ground. No external cross-braces, guy wires, "T-frames," "A-frames," "trusses," or similar bracing systems shall be used in constructing a ground sign or freestanding sign.
C.
Except for temporary signs, all signs shall be rigid and firmly attached to their supporting structure.
§ 10.13.060.020 Design and Construction.
Except as specified in this Article, design, loading, construction, and materials shall be those specified in the Uniform Building Code, as amended by the State of Oregon.
§ 10.13.060.030 Clearance and Safeguard.
To ensure public safety, the installation and maintenance of all signs shall be subject to the following provisions.
A.
The installation or erection of any sign requiring the operation of any crane or other equipment must be conducted in a manner so as to maintain a minimum clearance from any and all high-voltage electric power or other type electrical lines, as dictated by the National Electric Safety Code.
B.
All freestanding sign installers must utilize the "call before you dig" utilities locate service (1-800-332-2344) offered by the Oregon Utilities Coordinating Council to ensure clearance from underground utilities.
C.
All signs together with all of their supports, braces, guys, and anchors shall be kept in good repair and be maintained in a safe condition.
(Ord. 23-1400)
§ 10.13.070.010 Nonconforming Signs.
Signs and advertising structures which do not conform to the provisions of this Chapter but which lawfully existed and were maintained on the effective date of Ordinance 92-1153 shall remain lawful except as provided in this Article.
A.
A nonconforming sign which has been determined by the Director to be improperly maintained shall be removed within 30 days after notice as provided in Section 10.13.070.020.
B.
Nonconforming signs which violate the provisions of Section 10.13.030.030, Prohibited Signs, shall be removed within 30 days after notice.
C.
Nonconforming signs which are structurally altered, relocated or replaced shall immediately comply with all provisions of this Chapter.
D.
Nonconforming signs which have been abandoned or those advertising a business that is no longer conducted in or upon the premises and has not been so conducted for a period of 60 days shall comply with this Chapter or shall be removed within 30 days after notice.
§ 10.13.070.020 Removal of Nonconforming Signs.
The Director shall give written notice of a nonconforming sign. The notice shall be given to the owner of the building, structure or premises on which the sign is located. Notices shall be sent by certified mail or be delivered personally to the building owner at his or her last known address, or address of record. The notice shall specify the violations of this Chapter and the time allowed for compliance.
§ 10.13.070.030 Signs for Nonconforming Uses.
A use which has been determined to be nonconforming pursuant to this Title, but which would ordinarily require a sign, if such use were located in an appropriate zoning district, shall be permitted a sign, subject to the requirements of the zone which best fits the nonconforming use, as determined by the Director.
§ 10.13.070.040 Administration.
A.
Inspection. The Director under the supervision and control of the City Manager is hereby authorized and directed to enforce this Chapter. Upon the presentation of proper credentials, he or she may enter at reasonable times into or upon any building or premises in the City to inspect signs or carry out the duties and responsibilities imposed on him or her by this Article. The Director may inspect or reinspect any sign to determine if it complies with this Title.
B.
Removal of unsafe signs. Upon documentation that despite reasonable attempts to provide notice as set forth herein, that notice could not be delivered to the sign owner or the owner of the building, structure or premises upon which the sign is located, or that notification was received and the notified person(s) has or have refused to comply with this Title in the time specified by the Director, the Director may remove or cause others to remove the sign or make the minimum necessary repairs to remove the danger or hazard. The owner shall reimburse the City for any costs incurred in the removal of the sign or when making the minimum necessary repairs when removing the danger or hazard.
C.
Removal of signs in public right-of-way or on City-owned real property. Any sign installed on or placed in the public right-of-way or on City-owned real property, except in conformance with the requirements of this Chapter, may be removed and immediately confiscated without prior notice to the owner of the sign.
1.
For purposes of administering the provisions of this Chapter, the City Manager shall appoint appropriate staff persons.
2.
The City shall store any sign confiscated by the authorized staff person for a period of 30 days from the time the person responsible for the sign is notified as provided in paragraph 3 below. The City shall continue to store such sign for any additional period during which an appeal is pending before the municipal court, or any appeal is filed concerning a decision of the municipal court.
3.
If a telephone number or address of the owner of the sign, the person responsible for the sign, or the person or business that is the subject of the communication, is visible on the sign or the text of the sign, the City shall contact the person or business by telephone or by mail (based on the manner of contact stated on the sign), and advise that the City believes the following:
4.
The communication shall advise the person or business that the City has confiscated the sign and shall destroy the sign after 30 days from the time the person responsible for the sign is notified, unless either the sign is claimed and the fee to retrieve the impounded sign is paid in full, or a request for a hearing has been made to the Director of the Community Development Department. Such a request for a hearing must be made within 5 calendar days of the date of communication by telephone, or the date that notice of impoundment was mailed as evidenced by the postmark, not including Saturdays, Sundays, or holidays.
5.
If no telephone number or mailing address is stated for the owner of the sign on the sign itself, the City shall retain the sign for a period of 15 days to permit the sign owner to ascertain that the sign has been removed and to file a request for a hearing, or arrange for payment of the fee to retrieve the impounded sign. If a sign has not been reclaimed within the 15-day period established in this Article, the sign may be disposed of by an authorized person.
6.
When a timely request for a hearing is made, the hearing shall be set in the municipal court for 4 calendar days after the request is received, excluding Saturdays, Sundays and holidays, but may be postponed at the request of the person asking for the hearing. The municipal judge shall determine whether the impoundment of the sign was improper.
a.
A prima facie violation of this Chapter shall be met if it is shown that the sign was located in a public right-of-way or on City-owned real property, and that the sign owner was not a public entity authorized to install and maintain public signs within the public right-of-way. The sign owner may rebut the prima facie showing of a violation by showing the sign was lawfully permitted within the public right-of-way or upon City-owned real property, or that the law does not require the sign owner to obtain a permit under this Chapter to place a sign within the public right-of-way or upon City-owned real property.
b.
If the municipal judge determines that the sign was not lawfully placed upon the public right-of-way or on City-owned real property, then, following any applicable appeal or review period, unless the sign has been retrieved from impoundment by payment of the applicable fee set forth in paragraph 7 below, the sign shall be destroyed in such manner as the municipal judge deems appropriate.
7.
In order to retrieve an impounded sign, the owner of the sign shall pay the applicable fee to retrieve the sign from impoundment.
a.
The fee to retrieve an impounded sign for a first violation of this Chapter shall be $10.00. The fee to retrieve an impounded sign for a second violation of this Chapter shall be $50.00. The fee to retrieve an impounded sign for a third violation of this Chapter shall be $100.00. For each subsequent violation of this Chapter, the fee to retrieve an impounded sign shall be $100.00. For purposes of this Chapter, the number of offenses shall be calculated based upon the number of violations attributable to the owner(s) of the sign who has violated the provisions of this Chapter.
b.
Any sign which has been impounded and is not reclaimed within 30 days from the date of notification of impoundment as provided for in Section 10.13.070.040(C)(3) may be disposed of by the authorized person.
D.
Release from Liability. Neither the Director nor the City nor any of its authorized representatives shall be liable for any damages, costs, or expenses for any failure to enforce the provisions of this Chapter.
§ 10.13.070.050 Enforcement.
A.
Violation. It shall be a violation of this Title for any person to erect, maintain, display, or use an illegal sign. An illegal sign includes nonconforming signs not brought into compliance within the time period allotted, signs erected or maintained without a permit, abandoned signs, unsafe signs, prohibited signs, and any sign not in compliance with the provisions of this Chapter.
B.
Persons Responsible. Property owners, persons in control of the property, business owners, and any other person who has violated this Title are subject to the penalty provisions of this Chapter.
C.
Notice. It is the policy of the City of The Dalles to attempt to gain voluntary compliance with the provisions of this Chapter. The Director shall provide the type of notice that will inform responsible persons of the violation and the steps needed to bring the violation into compliance. Prior to initiating any penalties, the Director shall provide written notice and allow the following times from the date of the written notice to bring the violation into compliance:
D.
E.
Citation.
1.
For those persons who have not brought their illegal sign into compliance within the time period allowed in subsection C of this section, the Director may issue a citation. The citation shall provide a fine amount and a date and time for the responsible party to either pay the fine or appear in municipal court and request a hearing. Failure to either pay the fine or request a hearing by the date and time specified shall constitute a waiver of the right to object and the fine as set in the citation shall be final.
2.
The fine for violations of this Chapter shall be $50.00 for the first offense, $100.00 for the second offense within a year, and $250.00 for each subsequent offense within a year. Each day that a sign is in violation of the provisions of this Chapter shall constitute a separate offense.
§ 10.13.070.060 Variances and Appeals.
A.
The Planning Commission of the City of The Dalles shall act on all requests for variances and appeals of sign permit determination by the Director.
B.
The Planning Commission shall conduct hearings for appeal and variance matters in the same manner and shall apply the same standards as are used for variance hearings conducted pursuant to this Title.
C.
Except in the case of unsafe signs, no action shall be taken by the Director under this Chapter pending an appeal or variance request to the Planning Commission and during any further appeal to the City Council.
D.
Appeals. Any person aggrieved by a determination of the Director may appeal to the Planning Commission. Upon appeal, the Commission may affirm, reverse, or modify the Director's determination, which modification could include a determination of the suitability of alternative materials or methods of construction.
E.
In exercising its appeal or variance authority, the Commission may attach such conditions to either as it determines to be necessary to achieve the purposes stated in Section 10.13.010.010 of this Title.
§ 10.13.080.010 Districts of Special Control.
The Planning Commission shall have the authority to establish districts which must be at least one city block in length (or the equivalent thereof) that would allow for variance of sign sizes, types, heights, etc. when:
A.
The area is shown to have, or it is desired to promote, a unique and beneficial display of desirable architectural, historic, or historic area; or
B.
A group of commercial activities in an intensive commercial area joins together in a cooperative arrangement to sign their occupancies so as to create an unusual or unique display; but only after a plan showing all of the new sign arrangement and a petition of all property owners is presented to the City Planning Commission. After approval by the Planning Commission is received, the plan will be forwarded to the City Council to either: (1) by section designate the district as one of the special control; (2) return the petition to the Planning Commission for correction or further study; or (3) reject the plan.
C.
Once approved, the plan shall govern sign design, location, number, and size within the special district. However, all other provisions of this Chapter, including, but not limited to, permitting, safety, inspection, and enforcement, shall have full force and effect.
§ 10.13.080.020 Severability.
If any part, section, subsection, sentence, or phrase of this Chapter is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Chapter.