Chapter 19.170
SIGN REGULATIONS

Sections:

19.170.010    Purpose/application.

19.170.020    Definitions.

19.170.030    Sign permit required.

19.170.040    Design standards.

19.170.050    Signing of nonconforming uses.

19.170.060    Nonconforming signs.

19.170.070    Hardship relief.

19.170.080    Exemptions.

19.170.090    Temporary signs.

19.170.100    Prohibited signs.

19.170.110    Allowed signs within residential zones.

19.170.120    Permitted signs within community service parks (CSP) zone.

19.170.130    Permitted signs within commercial and light industrial zones (CC, TCC, NC, LI, VO, and VC).

19.170.140    Permitted signs within village mixed use (VMU) zone.

19.170.150    Permitted signs within industrial zones (GI).

19.170.160    Sidewalk A-board signs.

19.170.170    Abatement of prohibited, substandard and dangerous signs.

19.170.180    Maintenance.

19.170.010 Purpose/application.

It is the city’s policy to protect the public interest by promoting signs through regulations that:

A. Protect the public health and safety.

B. Maintain a balance between the need to identify sites and activities, and the negative impact on community image created by visual clutter.

C. Are content-neutral, acknowledging that signs are a protected form of speech under the First Amendment of the United States Constitution.

D. Provide residents and business owners with ample opportunities and alternatives to communicate messages through signage. (Ord. 2-2013 § 1 (Att. 1); Ord. 4-2012 § 1 (Att. 1); Ord. 2-2010 § 1 (Att. 1); Ord. 6-2001 § 1)

19.170.020 Definitions.

“A-board sign” means a double-faced portable sign constructed with an A-shaped frame, composed of two sign boards attached at the top and separate at the bottom, and not supported by a structure in the ground.

“Abandoned sign” means a sign structure not containing a sign for 120 continuous days or a sign not in use for 120 continuous days.

“Accessory sign” means a sign which is an integral part of outdoor accessory or display structures.

“Athletic field sign” means a sign placed on the interior of an athletic field fence or wall so as to be viewed from within the athletic facility.

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

“Balloon sign” means any three-dimensional ambient air-filled object, or to which a temporary sign has been attached, or to which a sign has been incorporated.

“Banner sign” means a temporary sign made of fabric or other nonrigid material with or without an enclosing framework.

“Bench sign” means a sign that is displayed on a structure designed for sitting and displayed out of doors in view of the general public.

“Billboard sign” means a freestanding sign over 200 square feet and with display surface or surfaces primarily designed for the purpose of painting or posting a message thereon at periodic intervals.

“Canopy” means a permanent decorative porch or walkway cover other than an awning which is attached to a building.

“Direct illumination” means exposed lighting or neon tube on the sign face.

“Directional sign” means a permanent sign which is designed and installed solely for the purpose of traffic or pedestrian direction and placed on the property to which the persons are directed.

“Directory sign” means a sign listing the names, and/or use, and/or location of the various businesses or activities conducted within a building or group of buildings.

“Door sign” means any sign, picture, symbol, or combination thereof that is placed on, painted, or affixed to a door.

“Electronic message center” means signs whose message or display is presented with patterns of lights that may be changed at intermittent intervals by an electronic process.

“Facade” means the building elevation that faces the street upon which the building is addressed, or is otherwise understood to be the front of the building through common usage of the term “front.” Buildings located at the corner of intersecting streets have two facades with one facade on each street frontage.

“Fascia sign” means a single-faced sign attached flush to a building.

“Fin sign” means a sign which is supported by a pole or poles and partly by a building.

“Flag” means a rectangular piece of fabric or other material of distinctive design, used as a symbol.

“Flashing” means an intermittent or sequential light source used primarily to attract attention.

“Flashing sign” means lights which blink on and off randomly or in sequence.

“Freestanding sign” means a sign on a frame, pole or other support structure which is not attached to any building. Includes monument, pole, and directory signs.

“Ground story” means the vertical space between the ground elevation around the building and the elevation of the second floor deck.

“Hazardous sign” means a sign that is hazardous either directly through its structural design or indirectly through distracting or confusing features or functions that are visible from a right-of-way, private roadway, or other property.

“Illuminated awning sign” means a sign made of a translucent, flexible covering designed in awning form. Such signs are internally illuminated.

“Indirect illumination” means the light source is separate from the sign face or cabinet and is directed so as to shine on the sign.

“Internal illumination” means the light source is concealed within the sign.

“Lawn sign” means a temporary freestanding sign that is supported by a frame, pole or other structure placed directly in or upon the ground, wall or window.

“Mansard wall sign” means any sign placed on a building with an actual or false roof which does not vary more than 30 degrees from the vertical. Such mansard wall shall extend along the full width of the building.

“Moving parts” means features or parts of a sign structure which through mechanical means are intended to move, swing or have some action.

“Municipal sign” means a sign placed by a municipality.

“Nonconforming sign” means a sign or sign structure lawfully installed and properly maintained that would not be allowed under the sign regulations presently applicable to the site.

“Outdoor advertising sign” means a sign supported by a substantial permanent sign structure with a display surface or display surfaces.

“Painted highlights” means painted areas which highlight a building’s architectural or structural features.

“Painted wall decoration” means displays painted directly on a wall and are designed and intended as decorative or ornamental.

“Painted wall sign” means a sign applied to a building wall with paint and which has no sign structure.

“Pennant sign” means a triangular or irregular piece of fabric or other material, commonly attached in strings or strands, or supported on small poles.

“Permanent sign” means a sign attached to a building, structure or the ground in some manner requiring a permit and made of materials intended for more than short-term use.

“Portable sign” means a sign designed to be transported which can be freestanding and unattached or temporarily or permanently attached to the ground, structures or other signs.

“Projecting sign” means a sign attached to and projecting out from a building face or wall and generally at right angles to the building. Projecting signs include signs projecting totally in the right-of-way, partially in the right-of-way and fully on private property.

“Readerboard sign” means a sign on which message copy can be changed manually, in the field, through the utilization of attachable letters, numbers, symbols and other similar characters or changeable pictorial panels.

“Roof line” means the lower edge of the roof or top of the parapet, whichever forms the top lines of the building wall.

“Roof sign” means a sign installed upon, against or directly above a roof, or roof eave, or on top of or above the parapet, or on a nonfunctional architectural appendage above the roof or roof eave.

“Rotating sign” means sign faces or portions of a sign face which revolve around a central axis.

“Scroll” means the continuous movement of a message on an electronic message center in a horizontal, vertical or diagonal direction.

“Sign” means materials placed or constructed primarily to convey a message or other display to identify sites and activities and which can be viewed from right-of-way, private roadway or another property.

“Sign face” means the display portion of a sign.

“Sign installation” means erecting, constructing, reconstructing, placing, altering, changing the sign face, relocating, suspending, attaching and the installation of electrical parts, wiring or illumination of any sign. However, installation shall not include changes in copy of a readerboard or outdoor advertising sign or of the removable panels of on-site directory signs.

“Sign maintenance” means normal care needed to keep a sign functional such as cleaning, oiling and changing of light bulbs.

“Sign repair” means fixing or replacement of broken or worn parts. Replacement is of comparable materials only. Repairs may be made with the sign in position or with the sign removed.

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

“Site” means the area, tract, parcel or lot of land.

“Special event banner sign” means a banner sign that is temporarily displayed over a right-of-way for a limited period of time.

“Structural alteration” means modification of the size, shape or height of a sign structure. Also includes replacement of sign structure materials with other comparable materials, for example, metal parts replacing wood parts.

“Suspended sign” means a sign which is attached to the underside of a canopy or awning and is supported by the canopy or awning.

“Temporary sign” means any sign, regardless of construction material, that is not permanently attached to a building, structure or the ground.

“Unsafe sign” means any sign determined to be a hazard to the public by the building official or authorized representative.

“Upper story” means the vertical space between the floor and ceiling elevation of any story located above the ground story.

“Wall sign” means any sign painted on or attached to a building wall.

“Wind sign” means any attention-getting device or series of devices such as streamers, banners and pennants designed and fastened in such a manner as to move upon being subject to pressure by the atmosphere.

“Window sign” means any sign, picture, symbol, or combination thereof, that is placed, painted, or affixed to a window, upon the interior or exterior face of window panes, or mounted to the interior window frame, or otherwise located within 24 inches of the window interior.

(Ord. 2-2013 § 1 (Att. 1); Ord. 4-2012 § 1 (Att. 1); Ord. 2-2011 § 1 (Att. 1); Ord. 2-2010 § 1 (Att. 1); Ord. 6-2001 § 1. Formerly 19.170.030)

19.170.030 Sign permit required.

Sign permits are subject to a Type I review process. Building and electrical permits and corresponding inspections may be required based on size and weight requirements.

A. Permanent Sign Permit Application.

1. Sign Permit Form. Application for a sign permit shall be made on the sign permit application form provided by the city.

2. Administrative Approval. Completed sign permit applications must be approved by the community development director or designee. Incomplete sign permit applications are subject to denial.

3. Plans. The applicant shall submit two copies of plans. These plans must be detailed enough to show compliance with all applicable sign regulations. The plan is to include:

a. A drawing to scale showing the design of the sign, including dimension, sign size, method of attachment, source of illumination and showing the relationship to any building or structure to which it is, or is proposed to be, installed or affixed, or to which it relates, to include elevations.

b. A fully dimensioned plot plan, drawn to scale, indicating the location of the sign relative to property line, rights-of-way, streets, sidewalks, vehicle area and other buildings or structures on the premises.

c. The maximum and minimum heights and clearances of the sign.

d. Number, size and location of all existing signs on the same building, lot or premises.

e. For signs requiring a building/electrical permit. Provide structural and mechanical design and engineering data sufficient to ensure compliance with applicable Oregon Specialty Codes.

B. Temporary Sign Permit Application. All temporary signs larger than eight square feet in area require a temporary sign permit.

1. Application. Applicants shall submit an application form, to be provided by the city, for all temporary signs greater than eight square feet. The applicant shall indicate the size and proposed location of the temporary sign.

2. Permit Sticker Required. Upon approval, a city-issued sticker, indicating the date of placement and the date the sign is to be removed, shall be placed on the sign face of the approved temporary sign. (Ord. 2-2013 § 1 (Att. 1); Ord. 4-2012 § 1 (Att. 1); Ord. 2-2010 § 1 (Att. 1); Ord. 6-2001 § 1. Formerly 19.170.040)

19.170.040 Design standards.

A. Measurements.

1. Sign Area.

a. The area of sign faces enclosed in frames or cabinets is determined based on display area of the sign (see Figure 1). Sign area does not include masonry walls, rocks, foundations, supports or other essential structures which are not serving as a backdrop or border to the sign. Only one face of a double-faced sign is counted. If a sign has more than two faces, the total area may not exceed twice the area permitted.

Figure 1

b. When a sign is on a base material and attached without a frame, such as wood board or Plexiglas panel, the dimensions of the base material are to be used unless it is clear that part of the base contains no sign, related display or decoration.

c. When signs are constructed of individual pieces attached to a building wall, sign area is determined by a perimeter drawn (the greater height multiplied by the greater width) around all the pieces.

d. For sign structures containing multiple modules oriented in the same direction, the modules together are counted as one sign face (see Figure 2).

Figure 2

e. The maximum surface area visible at one time of a round or three-dimensional sign is counted to determine sign area.

f. When signs are incorporated into awnings, the entire panel containing the sign is counted as the sign face unless it is clear that part of the panel contains no sign, related display or decoration.

g. The area of an illuminated awning sign shall be calculated as a sign incorporated into an awning except that an illuminated face of the awning shall not exceed three times the sign area allowed.

h. The area of a window sign is measured along the outer frame of the window where it meets the wall. Window signs are to be measured by the outermost dimensions of text and graphics.

2. Sign Height. The overall height of a sign or sign structure is measured from the average grade directly below the sign to the highest point of the sign or sign structure.

3. Sign Clearance. Clearances are measured from the average grade directly below the sign to the bottom of the sign structure enclosing the sign face.

4. Building Height Method of Measurement. Building height is measured as the vertical distance above a reference datum measured to the highest point of the coping of a flat roof or to the deck line of a mansard roof or to the average height of the highest gable of a pitched or hipped roof. The reference datum shall be selected by either of the following, whichever yields a greater height of building:

a. The elevation of the highest adjoining sidewalk or ground surface within a five-foot horizontal distance of an exterior wall of the building when such sidewalk or ground surface is not more than 10 feet above the lowest grade.

b. An elevation 10 feet higher than the lowest grade when the sidewalk or ground surface described in subsection (A)(4)(a) of this section is more than 10 feet above the lowest grade. The height of a stepped or terraced building is the maximum height of any segment of the building.

B. Placement.

1. Placement. All signs and sign structures shall be erected and attached totally within the site except when allowed to extend into or over the right-of-way pursuant to Chapter 12.45 FMC.

a. Signs Permitted within the Right-of-Way. Signs located within city of Fairview right-of-way require a right-of-way permit unless otherwise stated in this chapter. Signs placed in Multnomah County right-of-way may require a permit from the county.

i. Municipal signs.

ii. A-board signs in accordance with FMC 19.170.090(B)(5) and 19.170.160.

iii. A right-of-way permit may be granted for the placement of a temporary sign in accordance with Chapter 12.45 FMC when there is no required front yard on a property.

iv. Signs associated with a public works project placed by a utility company or a licensed contractor.

2. Frontages. Signs allowed based on the length of one site frontage may not be placed on another site frontage. Signs allowed based on a building frontage may not be placed on another building frontage.

3. Clear Vision Area. No sign shall be located in the clear vision area as defined in FMC 19.162.020(O). No support structure(s) shall be located in the clear vision area unless the combined total width is 12 inches or less and the combined total depth is 12 inches or less.

4. Vehicle Area Clearances. When a sign extends over an area where vehicles travel or are parked, there shall be a minimum 14-foot clearance. Exception: The bottom of an electric sign or an outline lighting enclosure shall have not less than a 16-foot clearance unless such enclosures are protected from physical damage. In no cases shall the vehicle area clearance be less than 14 feet. Vehicle areas include driveways, alleys, parking lots and loading and maneuvering areas.

5. Pedestrian Area Clearances. When a sign extends over private sidewalk, walkways or other spaces accessible to pedestrians, there shall be a minimum of seven feet clearance.

6. Required Yards. Signs may be erected in required yards.

C. Sign Types. All permanent signs require a sign permit in accordance with FMC 19.170.030 and shall be in compliance with FMC 19.170.110 through 19.170.140.

1. Fascia Sign. No point of a fascia sign may extend more than 18 inches from the wall to which it is attached, except for permitted electronic message signs, which may be up to 24 inches in thickness. Fascia signs may not extend beyond the corners of buildings.

2. Projecting Sign. The support structure for a projecting sign shall be designed so that there is the minimum visible support structure above the sign face. There shall be no more than one foot of support structure between the building wall and the sign. Projecting signs may extend into the right-of-way two feet except no portion of the sign shall be closer than 30 feet from the centerline of an existing right-of-way.

3. Freestanding Sign.

a. Freestanding signs shall not extend into the right-of-way.

b. Signs shall comply with clear vision requirements per FMC 19.162.020(O).

c. Signs shall meet vehicle area and pedestrian area clearance requirements per subsection B of this section.

4. Suspended Signs and Awnings.

a. Signs may be placed on or incorporated into canopies and awnings; provided they do not extend above the upper surfaces of the structure.

b. Canopies and awnings containing signs may extend into the right-of-way two feet except no portion of the sign shall be closer than 30 feet from the centerline of an existing right-of-way.

5. Illuminated Awning Sign.

a. Illuminated awning signs may extend into the right-of-way the same distance as is allowed for awnings.

b. The projection of an illuminated awning sign shall not be less than three feet.

c. An illuminated awning sign may only be placed on a wall facing a street or adjacent to a pedestrian walkway. (Ord. 2-2013 § 1 (Att. 1); Ord. 4-2012 § 1 (Att. 1); Ord. 2-2010 § 1 (Att. 1); Ord. 6-2001 § 1. Formerly 19.170.050)

19.170.050 Signing of nonconforming uses.

The following provisions for signs apply when a use has been found to lawfully exist within the provisions of Chapter 19.530 FMC; however, no sign is allowed to exceed the requirements set forth in the zoning district where the subject nonconforming use would be a permitted use:

A. Freestanding Sign. Any existing freestanding sign on the premises of a nonconforming use can be maintained, improved or relocated on the premises provided the change does not increase the total sign area or the height of the existing sign.

B. Wall Sign. Any existing wall sign on the premises of a nonconforming use can be maintained, improved or relocated on the premises provided the maximum area does not exceed five percent of the wall area the sign is located on. Only one wall sign shall be permitted.

C. Projecting Sign. Any existing projecting sign on the premises of a nonconforming use can be maintained, improved, or relocated on the premises provided the change does not increase the total sign area or the height of the existing sign.

D. Readerboard. A permanent readerboard may be incorporated into any one, but no more, of the above permitted signs provided the readerboard assembly is integral to the sign, does not exceed 40 inches in height and constitutes no more than 60 percent of the face of the sign.

E. Replacement. Existing signs for nonconforming uses found in commercial and industrial zones may be replaced by signs as allowed in that section. Existing signs for nonconforming uses found in the residential zones may be replaced with signs as allowed in that section.

F. Billboard Signs. Billboard signs existing at the effective date of the ordinance adopted July 10, 2010, shall be permitted to remain and be maintained in reasonable repair, but may not be replaced, relocated, enlarged, or otherwise structurally modified. Changes in message shall not affect nonconforming status. (Ord. 2-2013 § 1 (Att. 1); Ord. 4-2012 § 1 (Att. 1); Ord. 2-2010 § 1 (Att. 1); Ord. 6-2001 § 1. Formerly 19.170.060)

19.170.060 Nonconforming signs.

A. Nonconforming signs are signs installed prior to July 7, 2010, which do not conform to the requirements of this chapter.

B. Permanent signs made nonconforming by changes to this chapter will be permitted to remain subject to sign maintenance standards in FMC 19.170.180.

C. Any nonconforming temporary sign installed prior to July 7, 2010, which does not comply with this chapter shall be made to comply, or be removed by January 7, 2011.

D. Changes in copy on readerboards or outdoor advertising signs are permitted without loss of nonconforming status. On-site or off-site repairing or restoring of any part of a sign or sign structure to a safe condition, including normal maintenance, is permitted without loss of nonconforming status. (Ord. 2-2013 § 1 (Att. 1); Ord. 4-2012 § 1 (Att. 1); Ord. 2-2010 § 1 (Att. 1); Ord. 6-2001 § 1. Formerly 19.170.110)

19.170.070 Hardship relief.

A. Hardship relief may be requested from the planning commission for all sign regulations except for prohibited signs.

B. Requests for hardship relief shall be reviewed in accordance with variance procedures in Chapter 19.520 FMC.

C. Applicants may request a “street closure” sign variance from the city manager or designee where the visibility of an existing sign is obstructed as a result of a public works project.

1. A variance from sign regulations for the underlying zone may be requested from the city manager or designee for temporary alternatives to the location, size or form of sign if it meets the following standards:

a. The proposed sign may not exceed 50 percent of the maximum allowed size requirements for signs in the underlying zone.

b. The sign may not be hazardous to surrounding properties, motorists, cyclists, or pedestrians.

c. The sign may only be displayed for the duration of the hardship or until the public works project is complete.

d. A right-of-way permit shall be required in accordance with Chapter 12.45 FMC if the proposed sign is to be located within the city right-of-way.

e. The sign shall be subject to all other applicable regulations in this chapter unless otherwise specified.

2. The “street closure” sign variance process shall follow a Type I review process.

a. The applicant shall submit a written request to the city manager or designee requesting a street closure sign variance demonstrating compliance with the approval criteria in subsection (C)(1) of this section and a site map showing the location of the proposed sign.

D. Hardship relief for billboards displaced by public improvement projects may be requested from the planning commission and shall be processed in accordance with Chapter 19.520 FMC. (Ord. 8-2021 § 1; Ord. 2-2013 § 1 (Att. 1); Ord. 4-2012 § 1 (Att. 1); Ord. 2-2010 § 1 (Att. 1); Ord. 6-2001 § 1)

19.170.080 Exemptions.

A. Exempt Signs. Except for signs prohibited by FMC 19.170.100, the following signs are exempt from the provisions of the Fairview sign code:

1. Signs placed in the right-of-way authorized by the city or other jurisdiction responsible for the right-of-way.

2. Signs provided to give notice in accordance with FMC 8.30.110(B), private property impounds.

3. Signs required by law, administrative order, or judicial order.

B. Signs Exempt from Permitting Requirements in FMC 19.170.030. The following signs do not require a permit but must conform to all other applicable provisions of this chapter:

1. Permanent signs not exceeding three square feet in area in all zones except single-family residential.

2. Nonilluminated signs not exceeding two square feet in area in single-family residential zones.

3. Temporary signs not exceeding eight square feet in area.

4. Signs cut into any masonry surface, or constructed of bronze or other noncombustible surface not to exceed eight square feet in area.

5. Flags displayed from permanently located freestanding or wall-mounted flagpoles designed to allow raising and lowering of flags. Flags shall be limited to one per 100 feet of linear frontage, with a maximum of six per premises. Such displays shall be kept neat, clean and in good repair.

6. Painted wall decorations and painted wall highlights.

7. One time clock and/or scoreboard sign shall be permitted at each athletic field. Such signs shall have a maximum height of 15 feet above grade.

8. Athletic Field Signs. Banner signs located on athletic field fences may be installed so as to be oriented towards the interior of the athletic field. Each individual sign shall be no more than 32 square feet in area. There shall be no more than 32 square feet of area for any eight linear feet of fence. The maximum height shall not exceed eight feet above grade. The sign shall not project above the fence.

9. Accessory signs within a commercial or industrial zone which are permanent and an internal part of permitted outdoor accessory or display structures (i.e., soft drink machines, fuel pumps and newspaper dispensers, etc.).

10. Signs placed by a utility company or licensed contractor or placed on private property.

11. Pennants.

a. May not obstruct sidewalks or driveways.

b. May not be placed in the right-of-way.

c. Pole on which pennant is attached may not exceed 15 feet in height.

d. Area of pennant may not exceed 24 square feet.

e. One pennant allowed per 100 feet of site frontage with a maximum of six pennants per frontage.

f. Pennant and structure to which pennant is attached must be properly secured to prevent property damage or personal injury due to movement by wind or other physical force.

g. Pennants must be properly maintained; any torn or tattered pennants must be removed or replaced immediately.

h. Prohibited in single-family residential zones (R, R-7.5, R-10, R/SFLD, VSF, VTH). (Ord. 2-2013 § 1 (Att. 1); Ord. 4-2012 § 1 (Att. 1); Ord. 2-2011 § 1 (Att. 1); Ord. 2-2010 § 1 (Att. 1); Ord. 6-2001 § 1)

19.170.090 Temporary signs.

Temporary signs are prohibited signs except as provided in this section.

A. General Requirements.

1. Illumination. No temporary sign shall be internally or externally illuminated.

2. Location. No temporary sign shall extend into or over a public right-of-way or into a clear vision area except as otherwise allowed in this chapter.

3. Maintenance. Temporary signs shall be kept neat, clean and in good repair. Materials used should not fade, tear, rip or otherwise become unsightly during the period of installation.

4. Placement. Temporary signs may not be attached to trees, shrubbery, utility poles, or like items. They shall not obstruct or obscure primary signs on adjacent premises. They shall not create a traffic hazard. Temporary signs are subject to clear vision requirements per FMC 19.162.020(O).

5. Duration. Temporary signs may be displayed for no more than 180 days within any 365-day period.

6. Permit Required. Temporary signs greater than eight square feet in area require a temporary sign permit in accordance with FMC 19.170.030(B).

B. Sign Types.

1. Lawn Signs. Lawn signs shall be pole-mounted lawn signs and must be removed within 180 days of the date of installation. Pole-mounted and wall-mounted lawn signs shall not exceed 60 inches in height in residential zones and eight feet in height in commercial and industrial zones.

2. Balloon Signs. One balloon sign per site is permitted provided the balloon is ground-mounted or roof-mounted and air-filled. A ground-mounted balloon sign shall be no more than 25 feet above grade with a roof-mounted balloon sign being no more than 25 feet above the roof top. The display period is limited to a total of 30 days per year.

3. Banner Signs. One banner sign attached to a building wall per building frontage per street frontage may be permitted. Such banner sign(s) is limited to 32 square feet in area. Banner signs larger than eight square feet in area shall require a temporary sign permit and be removed within six months of placement.

4. Special Event Banner Signs. Permitted in all land use zones consistent with the following criteria:

a. Written consent from any property owner(s) where the banner will be attached. The consent shall identify any restrictions that the property owner may require.

b. Plans showing the location of the banner, height above the right-of-way, support devices for the banner, and proposed dates.

c. Not exceeding 25 consecutive days in duration and for no more than once in any 12-month period.

d. A copy of any liability and/or property damage insurance required by the property owner where the banner will be located.

5. Limited Duration A-Board Signs. Permitted only in residential and village mixed use zones when in conformance with the following criteria:

a. Placement of a sign is limited to 7:00 a.m. through 9:00 p.m.

b. Signs are subject to size and clearance standards for sidewalk A-board signs in FMC 19.170.160.

c. Limited duration A-board signs may be placed no closer than 40 feet to another limited duration A-board sign. (Ord. 2-2013 § 1 (Att. 1); Ord. 4-2012 § 1 (Att. 1); Ord. 2-2010 § 1 (Att. 1); Ord. 6-2001 § 1)

19.170.100 Prohibited signs.

It shall be unlawful for any person to install, display or maintain any sign falling within any of the following descriptions:

A. Hazardous Signs. The following signs are identified as hazardous either as a result of, either directly through their structural design or indirectly through distracting or confusing features or functions visible from a right-of-way, private roadway, or other property:

1. Moving signs, including rotating signs and wind signs, or any sign which has any visible moving part or visible mechanical movement of any description, including movement created by normal wind currents. Clocks and barber poles are exceptions.

2. Flashing signs, or any signs which achieve apparent movement through electrical pulsations, including strobe lights and bead lighting.

3. Signs obstructing free and clear vision of the traveling public at the intersection of any street or driveway.

4. Signs that interfere with the traveling public’s perception of official traffic controls which are otherwise designed or are used in a manner reasonably likely to distract or confuse vehicle operators.

5. Exception electronic message center signs, any sign(s) incorporating reflective-type bulbs, or par spot bulbs, or directly visible bulbs of greater than 25 watts capacity. Electronic message center signs are exceptions.

6. Signs incorporating white or blue neon tubing that exceeds 300 milliamperes rating, or other neon tubing that exceeds 120 milliamperes rating.

7. Signs incorporating fluorescent tubing that exceeds an illumination equivalent of 800 milliamperes rating, or a spacing of less than nine inches, center to center.

8. Signs obstructing in any way a fire escape, stairway or standpipe, or that interfere with human exit through a window or any room located above the first floor of any building, or any door required exit from a building, or required light or ventilation source.

9. Signs in the public right-of-way, other than government owned or managed signs, unless otherwise specifically allowed herein.

B. Other Prohibited Signs. The following signs are identified as having unnecessary and adverse visual impact on the community:

1. Roof signs, fin signs, or any sign structure attached to a building not conforming to the standards contained in this section.

2. Temporary signs, bench signs, banners, pennants, wind signs, balloon signs, flags not conforming to the sign standards contained in this section.

3. Nonconforming signs that have been modified in a manner which is not consistent with this section.

4. Billboard signs except as provided by FMC 19.170.050 and 19.170.070. (Ord. 2-2013 § 1 (Att. 1); Ord. 4-2012 § 1 (Att. 1); Ord. 2-2010 § 1 (Att. 1); Ord. 8-2009 § 3 (Att. 1); Ord. 6-2001 § 1)

19.170.110 Allowed signs within residential zones.

All signs shall comply with permitting requirements in FMC 19.170.030 and design standards in FMC 19.170.040.

A. Permitted Signs within Single-Family Residential Zones (R, R-7.5, R-10, R/SFLD, VTH and VSF).

Type

Area

Height

Number

Illumination

Freestanding (sign(s) may only be placed at entrance(s) to subdivision)

32 square feet

4 feet

1 if subdivision < 40 units.

External only. 7:00 a.m. – 12:00 midnight.

2 if subdivision > 40 units.

Temporary Signs

See FMC 19.170.110(C)

B. Permitted Signs within Multifamily Zones (R/MF, R/MH, R/MF/TOZ, and VA).

Type

Area

Height

Number

Illumination

Multi-Dwelling Signs

 

 

 

 

Freestanding

32 square feet total permitted area per site frontage.

8 feet

No limit if within the maximum total allowed area.

External or internal if illumination confined to the lettering and logo.

Wall (fascia, awning and painted wall signs are permitted)

Sign area may not exceed 10% of the wall area on which the sign is placed.

May not extend above the roofline.

No limit if within the maximum total allowed area.

None.

Commercial Use Permitted in the R/MF Zone

 

 

 

 

Wall (fascia, awning and painted wall signs permitted).

10% of wall area.

25 feet

1 per site frontage.

Internal if illumination is confined to the lettering and logo.

** A readerboard may be incorporated into the sign and may be 40 inches in height and no more than 60% of the sign face.

Duration of illumination limited to 7:00 a.m. – 12:00 midnight unless commercial use is operated on a 24-hour basis.

Window/Door Sign

Window signs may not exceed 25% of the total window area.

None

No limit on number if within the total permitted area limit.

N/A

Projecting

18 square feet per sign face.

Shall not extend above the roof line.

1 per site frontage.

Internal or indirect external illumination.

Max of 25 feet above grade.

Minimum clearance of 7 feet between the bottom of the sign and the ground.

May extend into the right-of-way 2 feet. No portion of the sign shall be closer than 30 feet from the centerline of adjacent right-of-way.

Suspended

6 square feet

Clearance – 7 feet

1 sign per business

None

Temporary Signs

See FMC 19.170.110(C)

C. Temporary Signs Allowed in All Residential Zones. Pursuant to FMC 19.170.030(B) and 19.170.090, the following temporary signs shall be permitted:

Type

Area

Height

Number

Duration

Lawn Sign (single-family residential)

12 square feet total permitted area. No sign face may be greater than 3 square feet.

60 inches

No number limit if within the maximum area limit.

Signs must be removed within 6 months of placement.*, **

Lawn Sign (multifamily residential, commercial use in R/MF zone)

64 square feet total permitted area. No sign face may be greater than 32 square feet.

8 feet

No number restriction if within the total allowed area limit.

Signs must be removed within 6 months of placement.

Banner Sign (multifamily zones and commercial use in R/MF only)

64 square feet. No sign face may be greater than 32 square feet.

N/A

No number limit if within the maximum area limit.

Signs must be removed within 6 months of placement.

Limited Duration Event A-Board Sign

24 inches wide.

42 inches standing height

2 per major intersection within one-half mile of event. 1 on sidewalk within one block of event.

7:00 a.m. – 9:00 p.m. on the day of the event. Signs must be removed promptly after the event.

* Temporary signs posted on a property for sale/lease shall be removed within 15 days of the sale/lease of the property.

** Temporary signs posted on a property where a garage sale is occurring shall be permitted in accordance with FMC 5.60.030.

(Ord. 2-2013 § 1 (Att. 1); Ord. 4-2012 § 1 (Att. 1); Ord. 2-2010 § 1 (Att. 1); Ord. 6-2001 § 1. Formerly 19.170.130)

19.170.120 Permitted signs within community service parks (CSP) zone.

All signs shall comply with permitting requirements in FMC 19.170.030 and design standards in FMC 19.170.040.

A. Permitted Signs within the Community Service Parks (CSP) Zone.

Type

Area

Height

Number

Illumination

Freestanding

0.4 square feet of sign face area per linear foot of site frontage.

25 feet above grade

No limit on number if within the total maximum area.

Internal or indirect external illumination.

1 sign: Maximum sign face area of 100 square feet.

 

More than one sign: Maximum sign face area of 80 square feet.

Minimum 200-foot separation between signs.

Sites with less than 100 feet frontage: 40 square feet.

 

Freestanding directional sign

8 square feet

4 feet above grade

1 per driveway.

Internal or indirect external illumination.

Wall Sign (fascia and painted wall signs permitted)

Sign area may not exceed 10% of the wall area on which the sign is placed.

May not extend above the roof line.

No number restriction if within the maximum area limit.

External or internal if illumination is confined to the lettering and logo.

Window/Door Sign

Window signs may not exceed 25% of the total window area.

None

No limit on number if within the total permitted area limit.

N/A

Projecting

18 square feet per sign face.

Shall not extend above the roof line.

1 per site frontage.

Internal or indirect external illumination.

Max. of 25 feet above grade.

Minimum clearance of 7 feet between the bottom of the sign and the ground.

May extend into the right-of-way 2 feet. No portion of the sign shall be closer than 30 feet from the centerline of adjacent right-of-way.

Suspended

6 square feet

Clearance – 7 feet

1 sign per business.

None

B. Temporary Signs. Pursuant to FMC 19.170.030(B) and 19.170.090 the following temporary signs shall be permitted.

Type

Area

Height

Number

Duration*

Lawn Sign

64 square feet total permitted area. No sign face may be greater than 32 square feet.

8 feet

No number restriction if within the total allowed area limit.

Signs must be removed within 6 months of placement.

Banner Sign

64 square feet total permitted area.

N/A

No number restriction if within the total allowed area limit.

Signs must be removed within 6 months of placement.

No sign face may exceed 32 square feet.

Limited Duration Event A-Board Sign

24 inches wide

42 inches standing height

2 per major intersection within one-half mile of event. 1 on sidewalk within one block of event.

7:00 a.m. – 9:00 p.m. on the day of the event. Signs must be removed promptly after the event.

* Temporary signs posted on a property for sale/lease shall be removed within 15 days of the sale/lease of the property.

C. Sign Features.

1. Illumination. Signs may be indirectly or internally illuminated.

2. Readerboard. A permanent readerboard may be incorporated either in a freestanding sign or wall sign, but not both. The readerboard shall be an integral part of the sign design and shall not exceed 40 inches in height. Not permitted in the single-family residential zone.

3. Electronic Message Center. An electronic message center may be incorporated into either a freestanding sign or wall sign, but not both. The electronic message center shall be an integral part of the sign design.

a. The display of messages shall conform to the following standards:

i. Messages may scroll across the electronic message center.

ii. Flashing messages are prohibited.

b. For school sites located on arterial streets:

i. The maximum allowed area of an electronic message center incorporated into a wall sign is 18 square feet.

ii. The maximum allowed area of an electronic message center incorporated into a freestanding sign is limited to no more than 25 percent of the total allowed area per sign face with a minimum entitlement of eight square feet.

iii. Electronic message centers greater than eight square feet shall be located no less than 150 feet from an adjacent residential use and shall be oriented towards the street.

c. For all other sites in the community service parks (CSP) zone:

i. The maximum allowed area of an electronic message center incorporated into either a freestanding sign or a wall sign is eight square feet. (Ord. 2-2013 § 1 (Att. 1); Ord. 4-2012 § 1 (Att. 1); Ord. 2-2011 § 1 (Att. 1); Ord. 2-2010 § 1 (Att. 1))

19.170.130 Permitted signs within commercial and light industrial zones (CC, TCC, NC, LI, VO, and VC).

All signs shall comply with permitting requirements in FMC 19.170.030 and design standards in FMC 19.170.040.

A. Permitted Signs within Commercial and Light Industrial Zones.

Type

Area

Height/Clearance

Number

Illumination

Freestanding (CC, NC, TCC and LI only)

0.4 square feet of sign face area per linear foot of site frontage up to a maximum sign face area of 100 square feet.

25 feet above grade or the height of the building, whichever is greater, up to a maximum of 45 feet.

No limit on number if within the total maximum area.

Internal or indirect external illumination.

Sites are entitled to a minimum of 40 square feet regardless of site frontage.

Freestanding directional sign

8 square feet

4 feet above grade

1 per driveway.

Internal or indirect external illumination.

Wall (fascia, mansard wall, awning, illuminated awning, marquee and painted wall signs)

Maximum permitted area shall be 10% of the wall area on which the sign is placed.

Shall not extend above the roof line.

No limit on number if within the total permitted area limit.

Internal or indirect external illumination.

Window/Door Sign

Window signs may not exceed 25% of the total window area.

None

No limit on number if within the total permitted area limit.

Internal illumination only.

Projecting

18 square feet per sign face.

Shall not extend above the roof line.

1 per business frontage.

Internal or indirect external illumination.

Max. of 25 feet above grade.

Minimum clearance of 7 feet between the bottom of the sign and the ground.

May extend into the right-of-way 2 feet. No portion of the sign shall be closer than 30 feet from the centerline of adjacent right-of-way.

Suspended

6 square feet

Clearance – 7 feet

1 per business frontage.

None

B. Temporary Signs. Pursuant to FMC 19.170.030(B) and 19.170.090, the following temporary signs shall be permitted.

Type

Area

Height

Number

Duration*

Lawn Sign

64 square feet total permitted area. No sign face may be greater than 32 square feet.

8 feet

No number restriction if within the total allowed area limit.**

Signs must be removed within 6 months of placement.

Banner Sign

32 square feet total permitted area.

N/A

No number restriction if within the total allowed area limit.

Signs must be removed within 6 months of placement.

Balloon Sign

N/A

25 feet

1

Display limited to 30 days in a year.

* Temporary signs posted on a property for sale/lease shall be removed within 15 days of the sale/lease of the property.

** Lawn signs on the same frontage shall be spaced at least 50 feet apart.

C. Sign Features.

1. Illumination. Signs may be indirectly or internally illuminated.

2. Readerboard. A permanent readerboard may be incorporated either in a freestanding sign or wall sign but not both. The readerboard shall be an integral part of the sign design and shall not exceed 40 inches in height.

3. Electronic Message Center. An electronic message center may be incorporated into either a freestanding sign or wall sign, but not both. The electronic message center shall be an integral part of the sign design.

a. The display of messages shall conform to the following standards:

i. Messages may scroll across the electronic message center.

ii. Flashing messages are prohibited.

b. The maximum allowed area of an electronic message center incorporated into a freestanding sign or wall sign is limited to no more than 25 percent of the total allowed area per sign face with a minimum entitlement of eight square feet.

c. Electronic message centers greater than eight square feet shall be located no less than 150 feet from an adjacent residential use and shall be oriented towards the street. (Ord. 2-2013 § 1 (Att. 1); Ord. 4-2012 § 1 (Att. 1); Ord. 2-2011 § 1 (Att. 1); Ord. 2-2010 § 1 (Att. 1); Ord. 6-2001 § 1. Formerly 19.170.140)

19.170.140 Permitted signs within village mixed use (VMU) zone.

All permanent signs are subject to permitting requirements in FMC 19.170.030.

A. Ground story and upper story signs may only be placed on the front elevation except for mixed use townhouses that have ground story doors or windows along driveways, walkways, or parking areas. In such cases window signs up to 25 percent of the total window area are allowed.

 

Type

Area

Height/Clearance

Number

Illumination

Fascia

Total area of all signs may not exceed 10% of the area of the ground story.*

Window and door signs may not exceed 25% of the total window/door area.

Maximum 4 square feet for signs located on side or rear elevations.

3-foot max. height.

No number restriction if within the maximum area allowed.

Internal only if confined to lettering and/or logo.

Duration of illumination limited to 7:00 a.m. – 10:00 p.m.

No illumination on signs located on side or rear elevations.

Window

None.

Door

None.

Awning (materials limited to metal, glass, and/or fabric)

Maximum 4-foot projection from the wall to which the awning is attached.

1 per business frontage.

Minimum clearance of 7 feet above finished grade.

Projecting

7.5 square feet.

Maximum 4-foot vertical dimension.

1 per business frontage.

None permitted.

Front elevation only.

Maximum 4-foot projection from the wall to which it is attached.

Minimum clearance of 7 feet above finished grade.

* Excludes projecting and A-board signs.

Upper Story

Type

Area

Height/Clearance

Number

Illumination

Fascia

The total area of all signs may not exceed 10% of the area of the upper story.

Sign(s) may not extend beyond the corners of the top of the building.

No number restriction if within the maximum area allowed.

None permitted.

Maximum 4 square feet for signs located on side or rear elevations.

Window Sign

Window signs may not exceed 25% of the total window area.

None

No limit on number if within the total permitted area limit.

N/A

Maximum 4 square feet for signs located on side or rear elevations.

B. Temporary Signs. Pursuant to FMC 19.170.030(B) and 19.170.090 the following temporary signs shall be permitted:

Type

Area

Height

Number

Duration*, **

Lawn Sign

12 square feet total permitted area. No sign face may be greater than 3 square feet.

60 inches

No number restriction if within the total allowed area limit.

Signs must be removed within 6 months of placement.

Banner Sign

16 square feet

N/A

1

Signs must be removed within 6 months of placement.

Limited Duration Event A-Board Sign

24 inches wide

42 inches standing height

2 per major intersection within one-half mile of event. 1 on sidewalk within one block of event.

7:00 a.m. – 9:00 p.m. on the day of the event. Signs must be removed promptly after the event.

* Temporary signs posted on a property for sale/lease shall be removed within 15 days of the sale/lease of the property.

** Temporary signs posted on a property where a garage sale is occurring shall be permitted in accordance with FMC 5.60.030.

C. Prohibited Signs.

1. Painted wall signs (without sign structure).

2. Roof signs.

3. Painted wall decorations.

4. Readerboards.

5. Flashing signs.

6. Bench signs. (Ord. 2-2013 § 1 (Att. 1); Ord. 4-2012 § 1 (Att. 1); Ord. 2-2011 § 1 (Att. 1); Ord. 2-2010 § 1 (Att. 1))

19.170.150 Permitted signs within industrial zones (GI).

All signs shall comply with permitting requirements in FMC 19.170.030 and design standards in FMC 19.170.040.

A. Permitted Signs in the General Industrial (GI) Zone.

Type

Area

Height/Clearance

Number

Illumination

Freestanding

0.4 square feet of sign face area per linear foot of site frontage up to a maximum sign face area of 100 square feet.

25 feet above grade or the height of the building, or whichever is greater, up to a maximum of 45 feet.

No limit on number if within the total maximum area.

Internal or indirect external illumination.

Sites are entitled to a minimum of 40 square feet regardless of site frontage.

Freestanding directional sign

8 square feet

4 feet above grade

1 per driveway.

Internal or indirect external illumination.

Wall (fascia and painted wall signs)

Maximum permitted area shall be 10% of the wall area on which the sign is placed.

Shall not extend above the roof line.

No limit on number if within the total permitted area limit.

Internal or indirect external illumination.

Window/Door Sign

Window signs may not exceed 25% of the total window area.

None

No limit on number if within the total permitted area limit.

N/A

Projecting

18 square feet per sign face.

Shall not extend above the roof line.

1 per business frontage.

Internal or indirect external illumination.

Max. of 25 feet above grade.

Minimum clearance of 7 feet between the bottom of the sign and the ground.

May extend into the right-of-way 2 feet. No portion of the sign shall be closer than 30 feet from the centerline of adjacent right-of-way.

Suspended

6 square feet

Clearance – 7 feet

1 sign per business.

None

B. Temporary Signs Permitted in Industrial Zones. Pursuant to FMC 19.170.030(B) and 19.170.090 the following temporary signs shall be permitted:

Type

Area

Height

Number

Duration*

Lawn Sign

64 square feet total permitted area. No sign face may be greater than 32 square feet.

8 feet

No limit on number if within the permitted area limit.**

Signs must be removed within 6 months of placement.

Banner Sign

32 square feet total permitted area.

N/A

No limit on number if within the total permitted area limit.

Signs must be removed within 6 months of placement.

Balloon Sign

N/A

25 feet

1

Display limited to 30 days in a year.

* Temporary signs posted on a property for sale/lease shall be removed within 15 days of the sale/lease of the property.

** Lawn signs on the same frontage shall be spaced at least 50 feet apart.

C. Sign Features.

1. Illumination. Signs may be indirectly or internally illuminated.

2. Readerboard. A permanent readerboard may be incorporated either in a freestanding sign or wall sign but not both. The readerboard shall be an integral part of the sign design and shall not exceed 40 inches in height.

3. Electronic Message Center. An electronic message center may be incorporated into either a freestanding sign or wall sign, but not both. The electronic message center shall be an integral part of the sign design.

a. The display of messages shall conform to the following standards:

i. Messages may scroll across the electronic message center.

ii. Flashing messages are prohibited.

b. The maximum allowed area of an electronic message center incorporated into a freestanding sign or wall sign is limited to no more than 25 percent of the total allowed area per sign face with a minimum entitlement of eight square feet.

c. Electronic message centers greater than eight square feet shall be located no less than 150 feet from an adjacent residential use and shall be oriented towards the street. (Ord. 2-2013 § 1 (Att. 1); Ord. 4-2012 § 1 (Att. 1); Ord. 2-2011 § 1 (Att. 1); Ord. 2-2010 § 1 (Att. 1))

19.170.160 Sidewalk A-board signs.

A. Intent. The intent of these regulations is to allow A-board signs in mixed use, commercial, and multifamily districts under certain conditions, maintaining an attractive commercial streetscape, providing adequate pedestrian access, ensuring that curbside parking is usable, and providing public safety.

B. Permit Required. A permit is required prior to placing an A-board sign on private property or within the public right-of-way. In the event a business closes or is sold, a new operation in the business space or the new business operator must apply for a new A-board sign permit.

C. A-Board Sign Permit Requirements. A-board sign applications will be processed within 10 business days of receipt. An A-board sign may not be placed until all of the following requirements have been met:

1. Submission of a complete application form, supporting materials, and application fee.

2. For signs to be located in the public right-of-way, a signed indemnification form as provided by the city and an approved right-of-way permit.

3. A permit authorizing placement of the sign has been issued by the community development director or designee.

D. Enforcement. Use of an A-board sign without an approved permit or in a manner that is inconsistent with these regulations is a violation of the Fairview Municipal Code. Repeat violations of these regulations may result in a six-month revocation of the permit. No permit shall be revoked without the community development director or designee first providing the permit holder a fair opportunity to correct the violation and providing a written warning that a repeat violation can result in revocation of the permit. This section does not limit enforcement through standard enforcement provisions of the Fairview Municipal Code.

E. Prohibitions.

1. A-board signs may not be used in residential districts excluding limited duration event signs in accordance with FMC 19.170.090(B)(5) and except when in association with legal nonconforming businesses.

2. A-board signs may not be used in association with home occupations.

3. Lights and attraction getting devices such as balloons, streamers, and flags may not be attached to an A-board sign.

4. A-board signs shall not be placed in a location that interferes with parking or vehicle circulation.

F. A-Board Sign Standards.

1. One A-board sign per storefront is allowed whether located on private property or within the public right-of-way.

2. The size of the A-board sign shall not exceed 24 inches wide by 42 inches standing height when the sign boards are in the open-standing position.

3. A-board signs must be located or otherwise secured to prevent property damage or personal injury due to movement of the sign by wind or other physical force.

4. A-board sign placement must meet clear vision requirements of FMC 19.162.020(O) for clear vision areas.

5. The area of the A-board is exempt from the total allowed sign area for the site.

G. Placement in Public Right-of-Way.

1. One A-board sign may be placed within a public right-of-way adjacent to premises by the person in control of those premises. A-board signs may only be placed outdoors between the hours of 6:00 a.m. and 9:00 p.m.

2. A minimum five feet of unobstructed sidewalk clearance must be maintained. A-frame signs may be not placed on a sidewalk that is too narrow to maintain the required five-foot minimum clearance. A-board signs may not be placed on the paved portion of a public street. A-board signs shall not be placed in a location that interferes with parking.

H. Placement on Private Property.

1. A-board signs may be placed on private property located in mixed-use, commercial, and multifamily zoning districts. A-board signs may be used in residential districts in association with legal nonconforming businesses only.

2. A-board signs may only be displayed in front of premises at which a business is being conducted. A-board signs may be placed outdoors only during business hours of the business for which the sign was approved.

3. A minimum five feet of unobstructed sidewalk clearance must be maintained. A-frame signs may not be placed on a sidewalk that is too narrow to maintain the required five-foot minimum clearance. (Ord. 2-2013 § 1 (Att. 1); Ord. 4-2012 § 1 (Att. 1); Ord. 2-2010 § 1 (Att. 1); Ord. 8-2009 § 5 (Att. 2))

19.170.170 Abatement of prohibited, substandard and dangerous signs.

Every prohibited sign as set forth under FMC 19.170.100 and those found to be unsafe are subject to immediate abatement by the city. Every sign identified by the city as being an abandoned and/or nonconforming sign is substandard and subject to abatement proceedings as set forth under Chapter 2.27 FMC. (Ord. 2-2013 § 1 (Att. 1); Ord. 4-2012 § 1 (Att. 1); Ord. 2-2010 § 1 (Att. 1); Ord. 8-2009 § 4 (Att. 1))

19.170.180 Maintenance.

All signs, together with all of their supports, braces, guys and anchors, shall be kept in good repair and maintained so as to be safe, free from rust, corrosion, or other surface deterioration or be subject to abatement procedures. (Ord. 2-2013 § 1 (Att. 1); Ord. 4-2012 § 1 (Att. 1); Ord. 2-2010 § 1 (Att. 1); Ord. 6-2001 § 1)