Chapter 17.85
SIGNS
Sections:
17.85.060 Construction and maintenance.
17.85.070 General sign regulations.
17.85.080 Residential sign regulations.
17.85.090 Commercial and industrial regulations.
17.85.100 Temporary and other exempt signs.
17.85.120 Nonconforming signs.
17.85.130 Notice of violation.
17.85.140 Appeal to city council.
17.85.150 Abatement procedure/enforcement.
17.85.010 Short title.
This chapter shall hereafter be known and designated as the “sign ordinance of the city of Rogue River.” [Ord. 23-418-O § 124 (Exh. A-4)].
17.85.020 Purpose.
The purpose of this chapter is to provide minimum standards to safeguard life, health, property and public welfare by regulating and controlling the design, quality of materials, construction, location, electrification and maintenance of all signs and sign structures not located within a building. This chapter is adopted in recognition of the important function of signs and the need to safeguard and enhance the economic and aesthetic values in the city of Rogue River. The regulations of this code are not intended to permit any violation of the provisions of any other lawful ordinance. [Ord. 23-418-O § 124 (Exh. A-4)].
17.85.030 Definitions.
Unless the context clearly requires otherwise, the singular includes the plural, and the following words and phrases shall mean:
“‘A’ board,” “curb sign,” “sandwich board” or “sidewalk sign” means a sign made out of a solid material that is constructed to stand on its own displaying information for a business.
“Alteration” means any change excluding content, and including, but not limited to, the size, shape, method of illuminations, position, locations, materials, construction, or supporting structure of a sign.
“Area” means the area included within the outer dimensions of a sign, normally the area of a rectangle, square, circle of the backboard to which the lettering, logo, etc., of the business is affixed, or a geometric border approximate to the outside of the lettering and/or logo.
“Awning” means a shelter projecting from and supported entirely from the exterior wall of a building and constructed of rigid or non-rigid materials on a supporting framework.
“Building face” or “wall” means all window and wall areas of a building in one plane or elevation.
“Bulletin board” or “reader board” means a sign which accommodates changeable copy.
“Business” means a commercial or industrial enterprise.
“Business frontage” means a lineal front footage of a building or portion thereof that is devoted to a specific business or enterprise.
“Business premises” means a parcel of property or that portion thereof occupied by one tenant.
“Canopy” means a nonmovable roof-like structure attached to a building.
“Changing image sign/electronic message sign” means a sign that makes use of:
1. Moving structural elements;
2. Flashing or sequential lights;
3. Lights in a dot matrix or LED configuration, which may be changed intermittently; or
4. Other automated method, which results in movement, the appearance of movement, or change of sign image, message or display.
“Directional sign” means a sign required by the travel information council as a followup sign, needed by a business having a freeway sign, or any approved sign requested by a business, but said sign to be located off the business premises and used as a locator and the definition also includes any master directional sign installed by the city.
“Flashing sign” means a sign incorporating an intermittent or flashing light source, or which includes the illusion of intermittent or flashing light by means of animation, or an externally mounted intermittent light source.
“Frontage” means the single wall surface of a building facing a given direction.
“Governmental entity” means any United States government, state of Oregon, Jackson County or Rogue River function.
“Ground sign” means a sign erected on a freestanding frame, mast or pole and not attached to any building.
“Illegal sign” means a sign which is erected in violation of this chapter.
“Illuminated sign” means a sign illuminated by an internal light source or an external light source primarily designed to illuminate the sign. The illumination is “external” when the light source is separate from the sign surface and is directed to shine upon the sign and “internal” when the light source is contained within the sign, but does not include signs where the text or image is composed of dot-matrix or LEDs. External illumination is “direct” when the source of light is directly seen by the public, such as floodlight, and “indirect” when the source of light is not directly seen by the public, such as cove lighting.
“LED” means a semiconductor diode that converts applied voltage to light and is used in digital displays.
“Marquee” means a nonmovable roof-like structure attached to or supported by a building which is self-draining.
“Marquee sign” means a sign which is painted on, attached to, or supported by a marquee, awning, or canopy.
“Neon sign” means a sign which is internally illuminated by a light source consisting of neon or other gas contained in a tube, except for fluorescent lights.
“Nonconforming sign” means an existing sign, lawful at the time of enactment of the ordinance codified in this chapter, which does not conform to the requirements of this chapter.
“Projecting signs” means signs, other than wall signs, which are attached to and project from a roof or wall of a structure or building face, usually perpendicular to the building face.
“Public service entity” means any public service nonprofit organization, such as, but not limited to, chamber of commerce, fire department, ambulance, public museum, etc.
“Roof sign” means any sign erected upon, or against, or directly above a roof or top or above the parapet of a building.
“Setback” means the horizontal distance from the property line to the sign, measured at the closest points of the sign to the property line.
“Shopping center” or “business complex” means any business or group of businesses which are in a building or group of buildings, on one or more lots.
“Sign” means any writing, video projection, illumination, pictorial representation, illustration, decoration, emblem, symbol, design, trademark, banner, flag, pennant, captive balloon, streamer, spinner, ribbon, sculpture, statue, or any other figure or character that:
1. Is a structure or any part thereof (including the roof or wall of a building); or
2. Is written, printed, projected, painted, constructed, or otherwise placed or displayed upon or designed into a structure or an outdoor screen or monitor, or a board, plate, canopy, awning, marquee, or a vehicle, or upon any material object, device, or surface whatsoever; and
3. Communicates or is designed to communicate on any subject whatsoever.
“Sign copy” means the message or image conveyed by a sign.
“Sign face” means the sum of the surfaces of a sign face as seen from one plane or elevation included within the outer dimensions of the sign board, frame or cabinet.
“Sign, public” means a sign erected by a public officer or employee in the performance of a public duty which shall include, but not be limited to, motorist informational signs and warning lights.
“Street frontage” means the lineal dimensions in feet that the property upon which a structure is or can be built abuts a public street or streets.
“Temporary sign” means a sign which is not permanently affixed. All devices such as, but not limited to, banners, pennants, flags (not including flags of national, state, or city governments), searchlights, freestanding flags, balloons or other air- or gas-filled displays. In no case will these types of signs be displayed for over 45 days except for a product or event change and with approval from the sign review board.
“Tri-vision sign” means a sign that contains display surfaces composed of a series of three-sided rotating slates arranged side by side, either horizontally or vertically, that are rotated by an electro-mechanical process, capable of displaying a total of no more than three separate and distinct messages, one message at a time; provided, that the rotation from one message to another message is no more frequent than every eight seconds and the actual rotation process is accomplished in four seconds or less.
“Video sign” means a sign providing information in both a horizontal and vertical format (as opposed to linear), through the use of pixel and subpixel technology having the capacity to create continuously changing sign copy in a full spectrum of colors and light intensities.
“Vision clearance area” means a triangular area on a lot at the intersection of two streets or a street and a railroad, alley, or driveway as defined and measured in this title, or those areas near intersections or roadways and motor vehicle access points where a clear field of vision is necessary for traffic safety and to maintain adequate sight distance.
“Wall graphics” includes but is not limited to any mosaic, mural, painting or graphic art technique or combination or grouping of mosaics, murals, paintings or graphic art techniques applied, implanted or placed directly onto a wall or fence.
“Wall sign” means a sign attached to or erected against the wall of a building with the face in a parallel plane of the building wall.
“Wind sign or device” means any sign or device in the nature of banners, flags, balloons, or other objects fastened in such a manner as to move upon being subject to pressure by wind or breeze. [Ord. 23-418-O § 124 (Exh. A-4)].
17.85.040 Responsibilities.
The responsibilities for regulating, reviewing, amending and enforcing this chapter are as follows:
A. Mayor. The mayor will appoint three regular members and three alternate members of the community who either live or operate a business within Rogue River to the sign review board. The mayor will forward any and all information which requires attention to the appropriate department/committee.
B. City Council. The city council will review all recommendations pertaining to appointments, amendments, and interpretation of this chapter. The city council will hear all appeals made regarding the enforcement of this chapter. The city council will have the final decision in all matters regarding this chapter.
C. Public Works. The public works director shall act as technical advisor for the reviewing of signs, and assist in determining sign placement with regard to state laws. It shall be the responsibility of the public works department to:
1. Report all observations or complaints of possible violations to the sign review board.
2. Take immediate action when a sign is in such condition that it constitutes an immediate hazard, and, if not removed or repaired, would cause physical injury to any person. Immediate action may include removal if the responsible owner is not available.
3. Carry out the recommendations of the city council or the municipal court when determination is reached to abate a violation.
4. Replace any city owned or erected signs that are in disrepair or have been damaged to the point that the intent is not clear.
D. Police Department. The police department shall:
1. Report all observations or complaints of possible violations to the sign review board.
2. Report sign conditions that constitute an immediate hazard to the public works department, and assist in locating the responsible owner.
3. Investigate all reports of possible violations determined by the sign review board, and initiate the abatement procedure as described in this chapter. [Ord. 23-418-O § 124 (Exh. A-4)].
17.85.050 Sign permits.
A city sign permit and fee will be required except under certain circumstances.
A. Required. A sign permit will be required under the following instances:
1. Prior to the placement of any new sign.
2. Prior to any alteration of an existing sign, including a change in the size or materials. Permits shall not be required for minor maintenance and repairs to existing signs or for changes in sign copy for conforming signs.
3. To place a temporary sign for a new business, not to exceed 90 days.
4. To alter an existing nonconforming sign, subject to RRMC 17.85.120.
5. To relocate an established business sign.
B. Permit Requirements. For the purpose of review by the sign review board, the following information will be required:
1. A drawing which indicates location of sign and its proposed relationship to any building, and any existing signs on the building.
2. A detailed list of materials, dimensions, shape, method of attachment, and structural elements of the proposed sign.
3. A completed sign permit application.
C. Permit Fee. The fees for a sign permit shall be set forth in a resolution by the city council, except:
1. No fee shall be required for minor maintenance and repairs of existing signs.
2. No fee shall be required for temporary signs.
3. No fee shall be required for signs requested by governmental and certain public service, nonprofit agencies, as determined by the sign review board.
4. A minimum of double the regular fee shall be charged for signs erected without a permit. Signs erected prior to obtaining a permit from the sign review board may be allowed to remain if said sign(s) comply with this chapter and are approved by the sign review board.
D. Building Permit Required. A building permit and fee shall be required unless said sign is expressly exempted from the Uniform Sign Code.
E. Building Permit Requirements. For the purpose of review by the building official, the following information will be required:
1. Construction documents shall be of sufficient clarity to indicate the location, nature and extent of the work proposed and show in detail that it will conform to the provision of the sign code and relevant laws, ordinances, rules and regulations, as determined by the building official.
2. Site plan showing the size and location of the new sign, and existing structures on the site and distances from lot lines. The building official may waive or modify the requirement for a site plan when the application for a permit is for alteration or repair or when otherwise warranted.
3. Construction documents (drawings) shall indicate location of sign and its proposed relationship to any building and any existing signs on the building.
4. A detailed list of materials, dimensions, shape, method of attachment, and structural elements of the proposed sign, including foundation details if necessary.
5. Additional information for structures located in whole or in part in a flood hazard area shall be provided to the building official.
6. A completed building permit application.
F. Building Permit Fee. The fees for a building permit shall be as set forth in a resolution adopted by the city council which established a building valuation and permit fee schedule. Said permit fee shall be based on the value of the work.
1. No fee shall be required for minor maintenance and repairs of existing signs.
2. An investigation fee shall be charged for all work started without a building permit. The investigation fee shall be double the regular fee.
G. Inspections. If a building permit is required, the building official shall perform a sign inspection upon notification by the permittee that the construction is ready for inspection. Failure of the permittee to notify the building official of the progress of construction for inspection purposes shall result in the revocation of the sign permit. A final inspection of a sign shall be made upon completion of all construction work and prior to its illumination. All signs may be inspected or reinspected at the discretion of the building official. The building official shall inspect footings for a monument, ground-mounted or freestanding signs.
H. Electrical Permit. When deemed necessary by the building official, electrical permits shall be obtained as part of the sign permit process. Electrical inspections shall be completed before the building official completes a final inspection.
I. Permit Issued. All occupation tax applicants within the city limits shall be issued a sign application for a sign permit, and will be advised that no sign will be erected, altered, or replaced until approval of the permit by the sign review board and the building official. Upon approval of the permit, the city recorder shall issue a permit and collect the necessary fees. The city recorder shall keep a copy and permanent record of each permit issued.
J. Sign Installation. All signs are to be installed within 180 days of approval. If not installed within the 180 days, a permit renewal will be required. [Ord. 23-418-O § 124 (Exh. A-4)].
17.85.060 Construction and maintenance.
A. Materials and Construction Standards. All signs and their supporting members may be constructed of any suitable material, subject to the provisions of this chapter and meeting building code requirements, including but not limited to the following:
1. All glass used in the sign shall be shatter-resistant or, if plastic, approved by the building code.
2. All signs shall be designed, constructed, and erected in accordance with the requirements of the Oregon State Structural Code and the Uniform Sign Code and shall resist the applicable wind loads set forth in the aforementioned codes.
3. All illuminated signs must be installed subject to the requirements of the State Electrical Code. All electrically illuminated signs shall be listed, labeled, and tested by a testing agency recognized by the state of Oregon.
4. All signs, together with all of their supports, braces, guys, and anchors, shall be maintained at all times in a state of good repair. All signs and the site upon which they are located shall be maintained in a neat, clean, and attractive condition. Signs shall be kept free from excessive rust, corrosion, peeling paint, or other surface deterioration. The display surfaces of all signs shall be kept neatly painted or posted. Signs that are faded, torn, damaged, or otherwise unsightly, or in a state of disrepair, shall be immediately repaired or removed. [Ord. 23-418-O § 124 (Exh. A-4)].
17.85.070 General sign regulations.
The following general provisions shall govern all signs in addition to all other applicable provisions of this chapter.
A. Obstruction by Signs.
1. No sign shall be placed so that its surface or supports obstruct any fire escape, standpipe, stairway, door or exit from any building.
2. No sign shall be erected in a manner that would confuse or obstruct the view or interpretation of any official traffic sign, signal or device.
3. No sign shall obstruct the view of vehicular or pedestrian traffic flow.
4. No sign shall obstruct vehicular or pedestrian traffic flow.
5. No sign shall be erected or maintained so as to obstruct any building opening to such an extent that light or ventilation is reduced below minimums required by any applicable law, provision of this code, or provisions of the State Building Code.
B. Placement of Signs.
1. No ground sign shall be erected where the sign projects into a pedestrian walkway.
2. No sign or portion thereof shall extend beyond any property line of the premises on which such sign is located, except for approved projections over public property.
3. The lowest portion of a projecting sign must be at least eight feet above grade, or 10 feet above grade if located within a corner clearance clear vision area.
4. All signs shall be sited in accordance with RRMC 17.65.040. [Ord. 23-418-O § 124 (Exh. A-4)].
17.85.080 Residential sign regulations.
A. Neighborhood Identification Signs. One sign shall be permitted at each entry point to residential development not exceeding an area of 24 square feet per sign.
B. Conditional Use Permits. One ground sign or one wall sign not exceeding an overall height of five feet and an area of 24 square feet, set back at least 10 feet from property lines, may be permitted. Such signs shall be approved in conjunction with the issuance of the conditional use permit.
C. Other Residential Signs. Residential development shall be allowed one wall sign or one ground sign which meets the following criteria:
1. The total size of the sign is limited to six square feet.
2. The maximum height of the highest portion of any ground sign is to be eight feet above grade. [Ord. 23-418-O § 124 (Exh. A-4)].
17.85.090 Commercial and industrial regulations.
Signs in the commercial and industrial districts shall conform to the additional following regulations:
A. Special Provisions.
1. Frontage. The number and use of signs allowed by virtue of a given business street frontage shall be placed only upon such business street frontage, and no business shall be allowed more than two signs for each business frontage except by application and approval of the sign review board.
2. Area. The total area of any sign shall not exceed 60 square feet.
3. Aggregate Area of Signs. The aggregate area of all signs established by and located on a given street frontage shall not exceed an area equal to two square feet for each lineal foot of building street frontage, not to exceed 120 square feet. Aggregate area shall not include nameplates, business hours, real estate and/or construction signs, product merchandise or reader-type signs.
B. Types of Signs Permitted.
1. Wall Signs.
a. Signs may project a maximum of 18 inches from the face of the building to which they are attached, provided the lowest portion of the sign is at least eight feet above grade.
b. No business shall be allowed more than two wall signs for each business frontage except by application and approval of the sign review board.
2. Ground Signs.
a. Ground signs shall be limited to one per business, and the height shall be determined by the sign review board with consideration given to location and area. No ground sign shall exceed 40 feet in height.
b. The lowest portion of a ground sign, if within a pedestrian traffic area, shall not be less than eight feet above grade.
3. Marquee or Awning Signs.
a. A maximum of two signs shall be permitted for each business frontage in lieu of wall signs.
b. Signs shall not exceed the permitted aggregate sign area, not taken up by a wall sign.
c. Signs may not project beyond the face of the marquee if suspended, or above the face of the marquee if attached to and parallel to the face of the marquee.
d. Signs shall have a maximum face height of nine inches if placed below the marquee, and the lowest portion of any sign must be at least eight feet above grade.
4. Projecting Signs/Roof Signs.
a. One sign shall be permitted for each business or group of businesses occupying a single common space or suite in lieu of a wall sign.
b. Except for marquee or awning signs, a projecting sign shall not exceed an area of one square foot for each two feet of lineal business frontage that is not already utilized by a wall sign. The maximum area of any projecting sign shall be 20 square feet.
c. Signs may project from the face of the building to which they are attached a maximum of two feet if located eight feet above grade, or four feet if located 10 feet above grade or more.
d. No roof sign shall exceed 40 feet in height from grade and shall be at a minimum of eight feet above grade.
5. Changing Image Signs or Electronic Message Signs. Changing image signs or electronic message signs permitted under this chapter shall comply with the following standards and all other applicable requirements under this code or other applicable law:
a. The sign is constructed, established, operated, or otherwise functioning in such a way that the message or display changes no more frequently than every two seconds, and the actual copy change shall be accomplished in four seconds or less. Once changed, the copy shall remain static until the next change.
b. The changing image sign may not be more than 40 square feet, whether the changing image is stand alone or a part of a more comprehensive or aggregate sign.
c. Subject to subsection (B)(5)(d) of this section, the changing image sign must be constructed, established, operated, or otherwise function in such a way as to not exceed the following illumination limitations:
No electronic message sign lamp may be illuminated to a degree of brightness that is greater than necessary for visibility. In no case may the brightness exceed 5,000 nits or equivalent candelas during daylight hours, or 1,000 nits or equivalent candelas between dusk and dawn. Signs found to be too bright shall be adjusted or removed as directed by the city administrator.
d. The permittee shall submit to the building official a written certification from the sign manufacturer stating that the light intensity of the sign has been factory preset not to exceed the levels specified in subsection (B)(5)(c) of this section, and the intensity level is protected from end-user manipulation by password-protected software or other method as deemed appropriate by the building official.
e. No other flashing light is permitted on the same side of a sign containing a changing image sign.
f. Displays may travel horizontally or scroll vertically onto electronic message signs, but must hold in a static position after completing the travel or scroll.
g. Electronic message signs requiring more than four seconds to change from one copy to another shall be turned off during the change interval.
h. Sign copy shall not appear to flash, undulate, or pulse, or portray explosions, fireworks, flashes of lights, or blinking or chasing lights. Copy shall not appear to move toward or away from the viewer, expand or contract, bounce, rotate, spin, twist, or otherwise portray graphics or animation as it moves onto, is displayed on, or leaves the sign face.
i. For shopping centers and business complexes, one single- or double-faced changing image sign or electronic message sign per site may be incorporated into a pole, monument, or ground sign; the sign area of the electronic message portion of the sign shall not exceed 50 percent of the total sign face, not to exceed the maximum allowable square footage of a changing image/electronic message sign of 40 square feet.
j. Changing image or electronic message signs located within 150 feet of any residence or residential zone, as measured from any part of the sign to the nearest boundary of a property used or zoned residential, are subject to the following additional requirements:
i. Between the hours of 7:00 a.m. and 10:00 p.m., the signs may operate in accordance with the provisions outlined above.
ii. Between the hours of 10:00 p.m. and 7:00 a.m., the sign may only display static images with a hold time of no less than three seconds, with instantaneous transitions from one static frame to another static frame, without the use of any frame entrance, exit or hold effects or the use of any animation or background animation. [Ord. 23-418-O § 124 (Exh. A-4)].
17.85.100 Temporary and other exempt signs.
The following signs are temporary by their nature, and are limited to special events, self-canceling upon completion of advertisement, or are placed by a governmental agency. All exempt signs shall be subject to the other regulations contained in this chapter relative to the size, lighting or spacing of such sign. Temporary and other exempt signs include, but are not limited to:
A. Informational Signs. Informational signs placed by the city of Rogue River, Jackson County, state of Oregon, or the United States government in the publicly owned right-of-way. Collective identification or directory signs placed by the city showing the types and locations of various civic, business, recreation, historic interest areas, or other similar uses, when such signs are located on publicly owned right-of-way or on city property.
B. Memorials. Memorial tablets, cornerstones, or similar plaques not exceeding six square feet in size.
C. Flags. Flags of national, state or local government.
D. Interior Signs. Signs within a building provided they are not visible to persons outside the building.
E. Signs Not Visible From Public Way. Any sign which is not visible to motorists or pedestrians on any public highway, sidewalk, street, or alley.
F. Small Incidental Signs. Small incidental signs provided said signs do not exceed two square feet in area per sign, not more than two in number on any parcel or two per business frontage, whichever is greater.
G. String of Lights. Strings of lights in nonresidential zones where the lights do not exceed five watts per bulb and do not flash or blink in any way. Strings of lights in residential zones are not regulated.
H. Temporary Signs. Any of the temporary signs are deemed exempt from requiring a sign permit, so long as they adhere to the specific requirements associated with their type. In addition no temporary sign shall be affixed to utility poles or public property, or shall be placed without a property owner’s written consent.
1. Temporary Signs, Other. Temporary, nonilluminated signs not exceeding four square feet, provided these signs shall be erected no more than 45 days.
I. Banners and Bunting. Cloth, canvas, or fabric signs may extend across a public street only by permission of the city council. Such signs, when extended over a public street, shall maintain a minimum clearance of 18 feet above grade.
J. Portable Business Signs. Reader board signs, to include sandwich board signs, are limited to three and one-half feet in height when placed and shall be located on the property, not within the public right-of-way or as to interfere with pedestrian or vehicular traffic. [Ord. 23-418-O § 124 (Exh. A-4)].
17.85.110 Prohibited signs.
Signs that create a hazard, cause a public nuisance or are offensive or unsightly are prohibited.
A. No sign shall have or consist of any moving, rotating, flashing, or otherwise animated part.
B. No public address system or sound devices shall be used in conjunction with any sign or advertising device.
C. No wall graphics shall be permitted except as approved by the city.
D. No unofficial sign which purports to be, is an imitation of, or resembles an official traffic sign or signal, or which attempts to direct the movement of traffic, or which hides from view any official traffic sign or signal or it bears the words “stop,” “go,” “slow,” “caution,” “danger” or similar words or which hides from view any traffic sign or signal shall be permitted.
E. Abandoned signs.
F. Billboards.
G. Video signs.
H. Any sign constructed, maintained or altered in a manner not in compliance with this chapter.
I. Any sign that is wholly or partially illuminated by a flashing or intermittent light, lights, lamps, bulbs, or tubes. Rotary beacon lights, zip lights, strobe lights, or similar devices shall not be erected or maintained, or attached to or incorporated in any sign.
J. Any sign within or over any public right-of-way, or located on private property less than two feet from any area subject to vehicular travel, except for:
1. Public signs (includes banners over the public right-or-way, with the approval of the city of Rogue River).
2. Temporary sign specifically allowed within the public right-of-way.
3. Awning signs as specifically allowed.
K. Unlawful signs.
L. Any sign which is judicially determined to be a public nuisance.
M. Vehicle signs used as static displays such that the primary purpose of the vehicle is the display of the sign, placed or parked on the public right-of-way for a continuous period of two days or more. Vehicles and equipment regularly used in the conduct of the business such as delivery vehicles, construction vehicles, fleet vehicles, or similar uses, shall not be subject to this prohibition. [Ord. 23-418-O § 124 (Exh. A-4)].
17.85.120 Nonconforming signs.
Any sign which does not conform with a provision of this chapter prior to adoption is subject to this section. Nonconforming signs must be brought into conformance under the following circumstances:
A. When any physical alteration, change of location, change of ownership, or change of content is made.
B. When a site plan review or conditional use permit is required, or with the issuance of a building permit.
C. Prior to approval for an additional sign, all existing signs must be brought into conformance.
D. When a business ceases operations for a period of 60 days or more, all signs nonconforming or conforming shall be considered abandoned and must be removed.
E. When damaged beyond repair, the new sign must conform with the provisions of this chapter. Minor repairs and routine maintenance may be made to a nonconforming sign.
F. Billboards are nonconforming structures and are addressed in this title.
G. All signs in service as of the date of the passage of the ordinance codified in this chapter are allowed to remain, as long as said sign complied with the ordinances in existence at the time the sign permit was issued. Any construction, replacement, alteration, or relocation of an existing sign shall require a new sign permit application. [Ord. 23-418-O § 124 (Exh. A-4)].
17.85.130 Notice of violation.
A. The sign review board will review all complaints regarding signs. Review will include on-site inspection and be completed within 15 days of the board’s receipt of said complaint.
B. If it is determined that a possible violation exists, the board shall direct the city recorder to issue a notice to the owner of the property and/or business. This notice will:
1. List the nature of the violation, and the action necessary to bring the sign into compliance.
2. Advise the owner that the violation must be corrected within 15 calendar days from receipt of the notice, which will be served by certified mail.
3. Advise that an appeal may be filed with the city council within seven calendar days from receipt of the notice.
4. Indicate the public works department as an addressee.
C. If no appeal is received and the corrections are not made within the 15-day period, the determination made by the sign review board will be final. If it becomes necessary, a summons to appear in municipal court will be served to the owner or person in charge of the property. [Ord. 23-418-O § 124 (Exh. A-4)].
17.85.140 Appeal to city council.
A. The standards and regulations as set forth in this chapter are the maximum allowable and will be adhered to in all circumstances, except the sign review board may authorize variances as outlined in RRMC 17.85.040(C)(7).
B. Any decision made by the sign review board may be appealed to the city council in writing within seven calendar days of the decision. The appeal must be from the person or business which was the subject of the decision.
C. If no appeal is received within the seven-day period, the decision of the sign review board will be final.
D. The city council shall hold a public hearing on an appeal within 30 days from the date the appeal is filed. The city council may continue the hearing for good cause.
E. Following the hearing the city council may uphold, overrule or modify the decision of the sign review board. The decision of the city council shall be final and have immediate effect. [Ord. 23-418-O § 124 (Exh. A-4)].
17.85.150 Abatement procedure/enforcement.
A. If the decisions made by the sign review board, city council or municipal court are not complied with, the sign(s) may be removed by the public works department or other qualified person at the owner’s expense.
B. Any sign that creates a hazard, causes a public nuisance or is offensive or unsightly may be removed through the nuisance abatement procedures as outlined in Chapter 8.05 RRMC, Nuisances. The city may remove any sign installed or placed on public rights-of-way or on city property in violation of this chapter. The city shall have the right to recover from the owner or person placing such a sign all costs of removal and disposal of a sign removed under this section, in addition to other remedies within this chapter.
C. Any person, firm or corporation violating any of the provisions of this chapter shall upon conviction thereof be punished by a fine of not more than $100.00. Such person, firm or corporation shall be in violation of this chapter and each day shall be treated as a separate offense until compliance with court order has been obtained. [Ord. 23-418-O § 124 (Exh. A-4)].