Department of Land Conservation and Development 635 Capitol Street, Suite 150 Salem, OR 9730 1-2540 (503) 373-0050 Fax (503) 378-5518 w w w . lc d. s tat e. or. us NOTICE OF ADOPTED AMENDMENT 11/07/2011 TO: Subscribers to Notice of Adopted Plan or Land Use Regulation Amendments FROM: Plan Amendment Program Specialist SUBJECT: City of Turner Plan Amendment DLCD File Number 001-11 The Department of Land Conservation and Development (DLCD) received the attached notice of adoption. A Copy of the adopted plan amendment is available for review at the DLCD office in Salem and the local government office. Appeal Procedures* DLCD ACKNOWLEDGMENT or DEADLINE TO APPEAL: Tuesday, November 22, 2011 This amendment was submitted to DLCD for review prior to adoption with less than the required 45-day notice. Pursuant to ORS 197.830(2)(b) only persons who participated in the local government proceedings leading to adoption of the amendment are eligible to appeal this decision to the Land Use Board of Appeals (LUBA). If you wish to appeal, you must file a notice of intent to appeal with the Land Use Board of Appeals (LUBA) no later than 21 days from the date the decision was mailed to you by the local government. If you have questions, check with the local government to determine the appeal deadline. Copies of the notice of intent to appeal must be served upon the local government and others who received written notice of the final decision from the local government. The notice of intent to appeal must be served and filed in the form and manner prescribed by LUBA, (OAR Chapter 661, Division 10). Please call LUBA at 503-373-1265, if you have questions about appeal procedures. *NOTE: The Acknowledgment or Appeal Deadline is based upon the date the decision was mailed by local government. A decision may have been mailed to you on a different date than it was mailed to DLCD. As a result, your appeal deadline may be earlier than the above date specified. NO LUBA Notification to the jurisdiction of an appeal by the deadline, this Plan Amendment is acknowledged. Cc: David Sawyer, City of Turner Angela Lazarean, DLCD Urban Planning Specialist îBuA N JÉÌ i 2 DLCD Notice of Adoption This Form 2 must be mailed to DLCD within 5-Working Days after the Final Ordinance is signed by the public Official Designated by the jurisdiction and all other requirements of ORS 197.615 and OAR 660-018-000 I lu person n electronic Q mailed DEPTOF NOV 0 2 2011 I AND CONSERVATION AND DEVELOPMENT For Office Use Only Jurisdiction: City of Turner Local file number: 10-008 Date of Adoption: 9/22/2011 Date Mailed: 11/1/2011 Was a Notice of Proposed Amendment (Form 1) mailed to DLCD? Yes • No Date: • Comprehensive Plan Text Amendment Q Comprehensive Plan Map Amendment [> Land Use Regulation Amendment QJ Zoning Map Amendment • New Land Use Regulation Q Other: Summarize the adopted amendment- Do not use technical terms. Do not write "See Attached". The City's Sign Code was very brief and unable to effectively address signage issues in the community. The City adopted code language lrom the City o f Carlton to fit with Turner's current character and future vision. This amendment also included a definition of "substantial conformance" for use n final approval of subdivision plans. Does the Adoption differ from proposal? No, no explanation is necessary Plan Map Changed from: N/A to: N/A Zone Map Changed from: N/A to: N/A Location: N/A Acres Involved: 0 Specify Density: Previous: N/A New: N/A Applicable statewide planning goals: 2 3 4 5 8 9 > 11 12 13 14 15 16 17 18 19 Was an Exception Adopted? • YES NO Did DLCD receive a Notice of Proposed Amendment... 45-days prior to first evidentiary hearing? ^ Yes 11 No If no, do the statewide planning goals apply? C I Yes Q No If no, did Emergency Circumstances require immediate adoption? O Yes J No DLCD File No. 001-11 (18688) [16820] DLCD file No. Please list a l l affected State or Federal Agencies, Local Governments or Special Districts: Local Contact: David Sawyer Address: P.O. Box 456 City: Turner Zip- 97392- Phone: (503)743-2155 Extension: Fax Number: 503-743-Ì010 E-mail Address: turner.cityadmin@wbcable.net ADOPTION SUBMITTAL REQUIREMENTS This Form 2 must be received fo DLCD no later than 5 working days after the ordinance has been signed by the public official designated by the jurisdiction to sign the approved ordinance(s) per ORS 197.615 and OAR Chapter 660. Division 18 1. This Form 2 must be submitted by local jurisdictions only (not by applicant). 2. When submitting the adopted amendment, please print a completed copy of Form 2 on light grten paper if available. 3. Send this Form 2 and one complete paper copy (documents and maps) of the adopted amendment to the address below. 4. Submittal of this Notice of Adoption must include the final signed ordinance(s), all supporting finding(s), exhibit(s) and any other supplementary information (ORS 197.615 ). 5. Deadline to appeals to LUBA is calculated twenty-one (21) days from the receipt (postmark date) by DLCD of the adoption (ORS 197.830 to 197.845 ). 6. In addition to sending the Form 2 - Notice of Adoption to DLCD, please also remember to notify persons who participated in the local hearing and requested notice of the final decision. (ORS 197.6 l.s ). 7. Submit one complete paper copy via United States Postal Service, Common Carrier or Hand Carried to the DLCD Salem Office and stamped with the incoming date stamp. 8. Please mail the adopted amendment packet to: ATTENTION: PLAN AMENDMENT SPECIALIST DEPARTMENT OF LAND CONSERVATION AND DEVELOPMENT 635 CAPITOL STREET NE, SUITE 15« SALEM, OREGON 97301-2540 9. Need More Copies? Please print forms on 8'A -1/2x11 green paper only if available. If you have any questions or would like assistance, please contact your DLCD regional representative or contact the DLCD Salem Office at (503) 373-0050 x238 or e-mail plati.amendmenlsfc state.or.us. http://www.oregon.gov/LCD/forms.shtml Updated April 22, 2011 CITY OF TURNER, OREGON ORDINANCE NO. 11-101 AN ORDINANCE AMENDING THE TURNER REVISED CODE AS FOLLOWS: AMENDING SDC DEFFERAL LANGUAGE UNDER 3.04.11; AMENDING DOMESTIC ANIMAL REGULATIONS UNDER 5.11.02; AND THE TURNER LAND USE DEVELOPMENT CODE AS FOLLOWS: AMENDING THE SIGN CODE UNDER 5.136; AMENDING THE ADMINISTRATIVE LANGUAGE FOR SUBSTANTIAL CONFORMANCE UNDER 1.170 WHEREAS, the City wishes to have regulations which are clear and serve the purposes that the Council in conjunction with the community have set; and, WHEREAS, the City Council identified priority areas of City code which needed to be updated; WHEREAS, The City Council wishes to modify the Land Use Development Code by updating and clarifying the allowances and restrictions as to signage in the community, and adding a description of substantial conformance; and, WHEREAS, The City Council wishes to modify the Turner Revised Code regarding SDC deferral and domestic animals; and, WHEREAS, proper notice was given to DLCD and a public hearing was originally held on Feb. 24, 2011; NOW, THEREFORE, THE COMMON COUNCIL FOR THE CITY OF TURNER ORDAINS AS FOLLOWS: Section 1. The City of Turner's Revised Code is hereby amended as follows: A) 3.04.11 Installment SDC Payment Waiver. (a) When a systems development charge on a public facility or affordable housing project that offers rents subsidized by government funds is due and collectable, the owner of the parcel of land subject to the development charge may apply to the City Council to reduce, defer or waive said fees, for payment in up to 10 5. annual installments, to include interest on the unpaid balance; (b) Tho City Administrator shall provide application forms for installment payments, which shall include a waiver of oil rights to contest tho validity of tho lion, except for the correction of computational errors. (c) An applicant for installment payments shall have tho burden of demonstrating tho applicant's authority to assent to tho imposition of a lion on tho parcel and that tho interest of tho applicant is adequate to secure payment of the lien. (d) The City Administrator shall docket the lion in the lien docket. From that time tho city shall hove a lien upon tho described parcel for tho systems development charge, together with interest on the unpaid balance at the rate established by tho Council. The lien shall be enforceable in the manner provided in ORS Chapter 223. B) 5.11.02 Domestic Animals, Livestock, Poultry, and Bees. (a) No person shall: except as allowed for in the Turner Land Use Development Code: (1) Maintain a pigsty, slaughterhouse, of tannery,-or other facility which processes animals or animal parts: (2) permit domostic house any farm or wild animals, or allow farm or wild animals to run at large within the city livestock or poultry owned by him to run at large within the city, unless otherwise provided in this coder (2) (3) Keep a stand or hive of bees on any property within 20 feet of the boundary line of the premises. (4) Stake or picket any animal in or upon any of the streets, alleys, or public places of the city, or stake or picket an animal so that it may go or graze upon a public right-of-way or the property of another, unless with the consent of the owner or occupant of the other property. (51 be engaged in the commercial for-profit sale of animals in a residential zone. (b) The Council may exempt any person from the terms and provisions of this section, either in whole or in part, and may attach conditions to the exemption that the Council considers reasonable under the circumstances. (cl Chickens are allowed on any residential property with the following conditions: (1) Roosters are prohibited. (2) Chickens must be confined at all times in a coop/facilitv. (3) Coop/facility must be located in the rear yard (4) Coop/facilitv must be 20 feet from any other dwellings and meet any setback requirements. (5) Coop/facilitv must not create a nuisance as described in TRC 5.12.00 and 5.20.00 Section 2. The City of Turner's Land Use Development Code (TLUDC) is hereby amended as follows: A) SECTION 1.170 ADMINISTRATION (7) (a) The intent determining substantial conformance is solely to facilitate minor modifications from one planning approval phase step to another. The City Administrator shall compare the final plat or final development plan/building permit with the approved preliminary plat or plan and determine if it is in substantial conformance before the City may allow the project to proceed. Substantial conformance shall mean that such final plans: (i) Are within 10 percent of the original approval: (ii) In no case are in violation of minimum or maximum standards set in this code: (iii) Adequately address all conditions of approval (b) In lieu of using this procedure, the administrator may designate the Planning Commission as the review authority for the final plat/plan to make a determination under a public hearing process (or public meeting process if the application was originally an administrator decision). B) SECTION 5.136.0 SIGNS ( i) Gonorol Sign Provisions: (a) No sign shall, by its light, brillionco, typo, design, or character, create a public or private nuisance. The uso of flashing or rotating lights is prohibited. (b ) Each sign or outdoor advertising display shall bo located on the same sito as tho use it identifies or advertises or have Conditional Uso approval from tho City. (ej No sign shall bo constructed or erected such that tho vision clooranco aroa or other areas nocossary for a safe sight distance by tho traveling public would be inhibited or impaired. (3) Perimeter Street Signs; One sign oriented toward off site troffic may bo provided on site? ot each public access point from a city, county or state road. Such signs sholl comply with tho following requirements: (a) Sholl not exceed thirty two (32) square feet in area; (b ) Shall not exceed four (4) feet in height; {e) Sholl use materials and design elements which ore complimentary to those used in development. (4) May be internally illuminated. Building Signs: Tho sign aroo, location on tho building, number of signs, ond size of tho copy used shall bo determined in consideration of tho following factors; {a) Tho relationship of tho building to the rood on sito circulation. (b) Tho use ond location of ground-mounted signs identifying tho promises. (e) Tho amount of signing for the use which can bo soon from o given direction. (4) Tho size and design of tho building elevation on which tho sign would bo placed. (4) Residential Signs And Name Plotos: One namo plote not exceeding one 1.5 square foot in aroo, placed flat against tho building for each dwelling or Homo Occupation as defined in this ordinance. One non illuminated temporary sign not exceeding five (5) square feet in area for tho lease, rental or solo of the building or premises on which it is located. Purpose. A. The purpose of these sign regulations is to provide equitable signage rights, promote traffic and pedestrian safety, and increase the economic viability of the city, bv classifying and regulating the location, size, type and number of signs, in a content-neutral manner. B. Within the commercial areas, the city recognizes the need for businesses and organizations to inform the public about their location and their services. It also recognizes that a sign is a relative low cost form of business advertising. C. The city recognizes that the citizens of Turner want to retain their unique small-town quality. One method of preserving the look of a small town is bv controlling the number, size and type of signs allowed within the commercial district and to provide design guidelines that benefit the citizens and the businesses in improving the visual quality of the community. Definitions. "Sign" means any writing, including letter, word, or numeral; pictorial presentation, including mural, illustration or decoration; emblem, including device, symbol or trademark: flag, including banner or pennant: or any other device, figure or similar thing which is a structure or any part thereof, or is attached to. painted on. or in any other manner represented on a building or structure or device: and is used to announce, direct attention to. or advertise: and is visible from any public riqht-of-wav. Sign does not include house numbers. For purposes of this chapter, the following definitions apply: 1. "Alteration" means any change in the size, shape, method of illumination, position, location, construction, or supporting structure of a sign. A change in sign copy or sign face alone shall not be considered an alteration. 2. "Area" means the area of a sign shall be the entire area within any type of perimeter or border which encloses the outer limits of any writing, representation, emblem, figure, or character. If the sign is enclosed in a frame or cabinet the area is based on the inner dimensions of the frame or cabinet surrounding the sign face. When a sign is on a base material and attached without a frame, such as a wood board or Plexiolas panel, the dimensions of the base material are to be used. The area of a sign having no such perimeter, border, or base material shall be computed bv enclosing the entire area within a parallelogram or a triangle of the smallest size sufficient to cover the entire message of the sign and computing the area of the parallelogram or a triangle. For the purpose of computing the number of signs, all writing included within such a border shall be considered one sign, except for multi-faced signs on a single sign structure, which shall be counted as one sign per structure. The area of multi-faced signs shall be calculated bv including the total area of all sign faces. 3. "Awning" means a shelter supported entirely from the exterior wall of a building and composed of non-rigid materials, except for the supporting framework. 4. "Building face" means the single wall surface of a building facing a given direction. 5. "Building frontage" means the portion of a building face most closely in alignment with an adjacent right-of-way or fronting a parking lot when so defined. A service station may use the overhanging canopy as a substitute for building frontage when computing the allowable sign area. The longest side of the canopy shall be used to compute the allowable sign area. 6. "Canopy sign" means a sign hanging from a canopy or eaves, at any anole relative to the adjacent wall, the lowest portion of which is at least eight feet above the underlying grade. 7. "Flashing sign" means a sign any part of which pulsates or blinks on and off, except time and temperature signs and message signs allowed bv conditional use. 8. "Freestanding sign" means a sign supported bv one or more uprights, poles or braces placed in or upon the ground, or a sign supported bv any structure primarily for the display and support of the sign. 9. "Incidental signs" means a sign that is normally incidental to the allowed use of the property, but can contain any message or content. Such signs can be used for, but are not limited to. nameplate signs, warning or prohibition signs, and directional signs not otherwise allowed. 10. "Indirect illumination" means a source of illumination directed toward such sign so that the beam of light falls upon the exterior surface of the sign. 11. "Internal illumination" means a source of illumination from within a sign. 12. "Message sign" means a sign that can change its message electronically and is designed to display various messages, including but not limited to signs displaying time and temperature. 13. "Monument sign" means a square or rectangular sign that sits directly on the ground without pole or uprights. 14. "Mu!t; ~„ced sign" means a sign that has two or more sign faces, contained in a sing! sign structure. 15. ^MureC mccr.c "lustration (with or without words or numbers) that is painted or otherwise applied (without projections) to an outside wall of a structure. 16. "Nonconforming sign" means any sign that lawfully exists prior to the effective date of the ordinance codified in this title but which due to the reguirements adopted herein, no longer complies with the height, area and placement regulations or other provisions of these regulations. 17. "Owner" means as useg in these regulations, "owner" means owner or lessee of the sign. If the owner or lessee of the sign cannot uc determined, then "owner" means ownei or purchaser of the land on which the sign is placed 18. "Official sign" means a sign erected bv a governmental agency or its designee, setting forth information pursuant to law. 19. "Portable sign" means any sign that is not originally designed, regardless of any subseguent modification, to be permanently affixed to a building, structure, or the ground. These signs primarily include, but are not limited to. A-frame or sandwich board signs: signs attached to wood or metal frames and designed to be self-supporting and movable, including trailer mounted reader boards. Portable signs are considered temporary signs as defined and used in this title. 20. "Projecting sign" means a sign the face of which is not parallel to the wall on which jt is mounted, projecting more than eight inches from a structure. 21. "Real estate sign" means a sign for the purpose of rent, lease, sale, etc. of real property, building opportunities, or building space. 22. "Roof line" means either the eaves of the roof or the top of the parapet, at the exterior wall. (A "mansard roof is below the top of a parapet and is considered a wall for sign purposes.) 23. "Roof sign" means a sign or any portion of which is displayed above the highest point of the roof, whether or not such sign also is a wall sign. 24. "Rotating/revolving sign" means a sign, all or a portion of which, moves in some manner. 25. "Sign face" means surface of a sign containing the message. The sign face shall be measured as set forth in the definition for "sign area" 26. "cign height" is measured from the grade of the curb line lowest to the base of the sign to the highest portion of the sign, sign structure or frame: whichever is greater highest point of the sign. In the absence of a curb line, the edge of the street pavement shall be used. In the absence of street pavement, the ground level shall be used to measure thfc height. 27. "Sign structure" means the supports. jjDriohts. braces, framework and other structural components of the sign. 28. "Temporary sign" means a sign not permanently affixed to a structure on a property. These signs primarily include, but are not limited to. canvas, cloth, or paper banners or posters hung on a building wall or on a permanent pole such as on a freestanding sign support. 29. "Wall sign" means a sign attached to. erected against or painted on a wall of a building or structure, with the exposed face of the sign in a plane approximately parallel to the face of said wall and not projecting more than eight inches. A sign painted on an awning in which the face of the sion is approximately parallel to the wall shall also be considered a wall sign 5.136.1 General provisions. A. Conflicting Standards. S'gns shall be allowed sublet to the provisions of this chapter, except when these provisions confl ;t v^' th the spe< fic standards for signs in the sub' ct district. B. Signs Subject to State Approval. Off-premise advertising signs visible to the traveling pub x from state ..ighwavs are further sut ect to the regulai jns and permit renu irements of the State of Oregon. Department of Transportation. C Ur form Sign Code. All signs shall comply with the provisions of the Uniform Sign Code of the Ur. form Building Code. D. Sign Clearances. A minimum of eight feet above sidewalks and fifteen (151 feet ibov d' vewavs shall be provided under all free standing or wall mounted signs. 5.136.2 Signs allowed The fo iwmg signs and sign work are allowed out ght n all zones. These signs shall no*, rgguire a pern t. and shall not be included when determining compliance with total allowed area: A. Re-paini ig. changes to the s;Tn face or copy and maintenance of signs legally existing on the effective date of the ore-• nance codified in this chapte B. Temporary Skw? 1. Real estate signs not exceed*ng s;x square feet that advertise the sale, rental, or lease of premises upon wl ch the sign . j located. Real estate „.gns may be used up to two years without a permit. Only one real estate sign per lot may be displayed at any time, except on comet lots. Twc signs are permitted on comer lots: however only one s'tn per street frontage is permitted. 2. Political signs shall not exceed six square feet. Political signs may be used up to sixty (60) days p*" r to an election but shall be removed not later than seven days follov 'ng the date of the election. 3. Portable signs and other temporary signs that do not exceed six square feet in total area on a si. gle property. 4. Balloon* that do not exceed a total cumulative diameter of 24 inches. 5. Signs aaverd ig the sale of land in an approved subdivision. Only one sign per entrance to the subc*'vision. g ;?n may not be larger than 32 square feet and 4 feet in height. Sign maybe n place unti all lots have changed ownership or have been bn t on. wh^hever comes first. 6. Signs hung on baseball field fencing at 5' Street Park. C. Government oigns. S ms posted bv or under governmental authority including lego, notices tra.Tic. danger, no trespas'ng. emergency and signs related to pub'ic services or safety, entrance or gateway s mage, event signage D. D e< onal or informal jnal! ens bear..ig no advertising message and not exceeding fou square feet in area erected for the convenience of the public such as signs indicating private street informaf'on. ident:fv'ng restrooms. publ telephones, walkways and similar features or facilities E. Flags v th a cumulative area not to exceed 25 square feet per lot, F. Signs within a building. G. In a commerc aj or idusti al zone, signs paintea or nung on tne isiae of window H. Memorial s :ns or tablets and names of bi Id'ngs and dates of erection when cut ,nto or attached to the surface or facade of the bu din? I. S;rms pla. jd Lv a public ut v show ig the location of underground fac" I. Building or freestan< ng signs that d play or reflect the history or character of Turner, as approved bv the city counc . after recommenda on bv the planning commision K. Inc dental signs n Residential Zones of less than 2 square feel n area L. Signs that indicate resections on use of the property where the sign is located that are lest than 2.5 sq ft. 5.136.3 Signs prohibited The following signs are prohit'ted m all zones; A. Portable s'qns witljin the p , , k c ght-of-wav. except for sidewalk or sandw:~h board signs that comply with Section 5.136.6(D). B. Signs that emit odor, visihle matter, or sound, however an intercom system for customer- remaining in their vehicles, such as usee in banks and "drive thru" restaurants, shall be allowed C. Signs that uge or employ S'de guy lines of any type. D. r:gns that obstruct any fire escape, required ex't. window or door open ig used as a means of egress. E. i gns closer than twenty-four (24) -nches horizontally or vertically from anv overhead powe- line or public utility guv wire. F. No vehicle or trailer shall be parked on a public i ;ht-of-wav or public property, or on private property so as to be visible from a public right-of-way which has attached thereto or .ocated thereon any sign or adver».sing dev. _e for the basic purpose of prov ie adver ¿gmenj of proouvta or directing people to a business or activity located on the same or nearby premises. This provision applies where the primary purpose of a vehicle is for advei ng purposes and is no intended to prohibit any form of vehicular sign, such as a sign attached to a motor veh. which s primarily used for business purposes, other than advertis ng G. Rotating/revolv'—~;gns. except bv conditional use perm»' H. Flashing { ms. I. Private signs that project into public iight-of-wavs. except i.'gns u.,dcr a car.cpv that "roicct over a public sidewalk where the sign is not less than eight feet above the sidewalk Signs that obstruct required vision clearance area as defined i the Land use Development Code or obstruct a vehicle driver's view of officirl traffic control s'gns and approaching or merging traffic, or which present a traffic hazard. K. Signs that nterfere with, in late, or resemble any offic il traffic control; gn. signal o: de] ce. emergency ghts. or appears to direct traffic, such as a beacon light, L. Signs attached to any pole, post, uti" :v pole, or otherwise placed i the public n»nt-of-wa\ except for wayfaring s. ;ns in the Downtown Commercial Zone M. Signs or s' ai structures placed on or over private property without the w..tten consb.it of the owner or agent thereof N. Billboard signs. Q. Roof s :ns, except bv variance. P. S. gns attached to trees or shrubs. O. Bench signs, except as a conditional use, or those des" qiaMg donorfs), R Any sign on unimproved property unless allowed as a real estate or temporary sigr S. Any illegible sign or s gn that has twenty-five (25) percent or more of ts surface destroyed, defaced or tr ¡si.ig. T. Message s ros. except bv cond ' nal use perm 5.136.4 Signs in noncommercial zones. The following regulations apply to signs in the R l . R-2. R-l 1 ami Public Institution zones: A Maximum Number. Any combina on of signs not exceed ig the a m area and h ght limitations of thia sect.on: plus b.gns allowea in Section 5.136.2. B. Max mum total sign area for property on wHch the b'"'1ding or buildings are located: 1. Single-family and two-fan Iv (duplex) dwelling: s i square feet' 2. Multiple family dwelling: twenty-four (24) square feet: 3. Public and semi-public: thirty-two (32) square feet. C. Maximum s ;n he tht of freestan< ng s' gns: s < feet D. Location of freestand i g j gns: where fences are allowea. E. Illumination. Signs may only be indirectly lun nated bv a concealed light source, and shah not flash, blink, fluctuate or produce glare. 5.136.5 Review procedures in noncommercial zones. A. Permit Required. No property owner, lessee or contractor shall construct or alter any S'f without first obtaining a valid sign permit. B. Current S:Tns. Owners of conforming or nonconfc fling s. ins existing as of the date of adoption of this title are not required to obtain a perr. 1 C. Permit Fees. Permit fees may be estab..jhed bv city council resolution D. Appl :ation Requirements. 1. An application for a sign permn snail oe maae on a torm prescribed bv tnc citv manager. The application shall include, at a minimum, a sketch drawn to scale indicating the proposed s gn and identifying existing signs on the premises, the sign's location, graphic design, structural and mechar :al des m and ens leei ig data w ch ensures its structural stal tv. The appl ication shall also contain the names and address of the sign company, person authoring erection of the sign and the owner of the su ect property 2. The c v manager shall ssue a perm for a sign unless the ¿ign does not comply v/ith the prov 3ns of these regulations or other provisions of this tie. S gn perm's m' takenlv ' sued ± v ilat in of these regulat ns or other provisions of this title are void. The < tv manager ma revoke a sign permit if he or she finds that there was a materal and misleading false statement of fact in the application for the permit. E. Design. Construction, and Maintenance. All s: ens shall be designed, constructed, and maintained according to the following standards: 1. All signs shall comply v i the applicable provisions of Uniform Building Code in effect ? the time of the sign permit application and all other applicable structural, electrical and other regulations. The issuance of a sign permit under these regula ons does not relieve the applicam of complying with all other permit requirements: 2. All signs shall be maintained in a good structural condition at all times: The owner shall be responc'ble for its erect:on and m; ntenance and ts compliance w»n u. pre v )ns of these regulatf ns or other laws or ord lances regula ng gns 5.136.6 Sik.is in commercial and industrial zones. All signs in the Commercial. Downtown Commercial ana inriust. ai zones snan conform m Sections 5.136.1 through 5.136.3 and the following standards: A. Signs or s in structures located commerral and industrial zones wh.oh are with n seventy-five (75) feet of a residential! v zoned property shall be sc' '_ ;k so as to meet the t. .c and front yard setback req\ rements of the adjo ling residen al district. B. Accessory temporary r'ms are permitted provided such ":gns are secuiciv affixed to th surface of a building wall or window, and must have the date of initial posting clearly written on the face of the sign. Such signs, including but not limited to sale signs and special product announcements, must be removed not later than ten (30) days after initial posting. Such signs shall not exceed the penr :ted ratio of sign area, i ndu ing temporary r:gns. to building face area (J. Hi? torical s; ns that are an integral part of a bu ding design, or s ;ns w h a cultura signifiCa..vv to t'nc con..uUi tv. as determined bv the planning comr..]si on. may be exempted from the standards for signs P. d e w a l k gns or sandw'ch boards are perrr tted provided: 1. There s only one (1) dewalk or sandwich board sign per business. Vacant lots may have cne sandwich board sign per lot. 2. The sign ' i professional in appearance with a maximum height of three (3) feet and g maximum w 1th of two (2) feet l width. The height of the sign is measured from th grade f the curb 1 le lowest to the base of the sign, to the h hest p< nt of the sign, sign structure or frame; whichever s greater. 3. The total sign area does not exceed s.x (6) square feet per side. The base mate al used ( suppor sign shall be ncluded i the dimen ons used to calculate the sign area. 4. The j ns is removed at the close of each business day 5. Sidewalk or sandv. :h board s ms shall only be allowed within an adjacent public i ;ht-of- wav along the frontage of the business displaying the sign, when they can be placed so that a minimum clear width o f three (3) feet within the right-of-way is available for pedestrians i mne< atelv a' acent to the i. gn. Adjacent private property may be used to provide the three £3} foot clear width area when approved by the City Manager. 6. fhe si n can be located \ it£ n_a_ dewalk bulb-out area f it does not interfere v th traffic visibili y or pedestrian mot E. Sign for temporary bu; nesses. Temporary bus' esses may display 2 portable s'gns. < ther of which may be no more than 6 square feet i area, must be placed not more than 10 feet from the structure or vehicle used for the temporary busl.iess and may not be placed i the 'ght of way F. Signs that are suspended from the unders* le of a horzontal plane surface and -i supported bv that surface, shall have a ma: mum area of three square feet and shall not project more thar thirty (30) inches from the face of the building. 5.136.7 Signs In commercial and industrial zones—Appearance. Signs shall be constructed of wood, brick, tile, masonry, synthetic materials, canvas, vinyl, sto g more than one street shall be allowed s quota of s gns on each of the streets, and up to ten (10) percent of the permitted quota on any street may be deducted there from and added to the other street frontage. . Where a business located on a comer erects an attached sign designated to be read frr i bot itersecting public streets, the total aggregate area of such i gn shall not exceed one-half tha* : h :h would be allowed for separate ?'gns fronting on the itersecl ig public street? 3 Where a bu ness located on a comer s allowed a monument gn. it may have v gugh sjgt de; gned to be read from both ntersecting public streets, or two such freestanding signs, pro led that each o ,"n > deow»ned to be read from only one of the itersecting streets, B. Area. 1. Wall si»ais shall not exceed ten (10) percent of the buil< "ng face facing a street and will not exceed a total of 50 sq feet, wh shever ; smaller. For purposes of the area, the height of tht lower level or story or twenty (20) feet, whichever is larger, shall be multiplied bv the building frontage. Height ofletteri g cannot exceed twenty-four (24) inches. One sign w h maximur area Q square feet will be allowed on a second wall which has a business entrance wh;/~h not the pi marv entrance 2. Awning Jgns shall not exceed ten (10) percent of the awning area. For purposes o, calculating the awning area, the height shall be multiplied bv the width of the awning. 3. Projecting signs shall not exceed five percent of the building face facing a street. For purpose alculating the area, the height of the lower level or story, or twenty (20) feet, whichever is L^s. shall be multiplied by the building frontage. Height of lettering cannot exceed eight inches. 4. Roof signs are not perir tted except bv variance. 5. Freestanding signs: one square foot of sign area for each linear foot of property frontage upon a city street up to a total of fifty (50V 6. Monument Signs shall be no more than 4 feet in height and 24 sq ft in size C. Height. Not more than four feet above the eave ne prov lea the maximum »eight aouve t'n* ground ne shall not exceed twenty (20) fe< L r . Loca .on, Attached to the buil< ng. except such signs shall not be roof signs. E. The following restrictions will apply to signage i the Downtown Commercial zone: 1. Freestanding signs a r e prohit-.ed. : , Comply with Section 5.136.9 1.136.9 Signs in commercial and industrial zones—Design review requirements. All signs pern .tted v ti n the commercial or industr il zones of the citv shall conform with the i allowing des ;n rev :w cr ei t. unless otherv se provided for in this tit A. Signs must be compatible n des m and color with the arch sctural and historic qualities of Turner and with the buildings with which they are assorted. B. Signs illuminated bv spotlights or indirect lighting shall be lighted in such a manner that glare from the light source is not visible to pedestrian or vehicle traffic. C. Directory signs (wall, projecting, and freestanding), and the individual gi'°ns comprising a d' ectorv sign shall be un : form or con°;stent i ?;ze, shape, and des' >n. ln^ lual; gns n_ d ectorv sign may be added, moved, or substituted with signs for new businesses or uses v thout going through the design review process, provided that the design is consistent and the provisions of the original permit are met. 5.136.10 Signs in commercial and industrial zones—Permit application. A. Permit Required. No property owner, lessee or contractor shall construct, a iter or relocate an' sign w hout first obtai" lg a valid sign perrr l B. Current Signs. Owners of confonr ng or nonconforming s tis e; si ig as 01 tne uate ot adop on of this itle are not reqi red to obtain a pern J. C. Permit Fees. Permit fees may be established from time to time bv city council resolution. D. Application Requirements. An application for a sign permit shall be made on a form prescribed by the c y manager. The app cat >n shall nclude the following nformation: 1. The names and addresses of the s gn company, person autho zing erect'on of the sign ant t e owner of the sublet property. 2. The location bv street address of the proposed sign: 3. A drawing suitable for folding for file storage, accurately colored and to scale showing t* details of the sign, includ g all mount ig structures and de es. mate als from wl ch constructed, lighting, and the name of the proposed lettering style, along with detailed illustration of the sign face 4. An accurate scaled site plan, showing the loca:'.on of building(s). street(s) and other ea sting sign(s), 5. In the case of wall and pro ct:ng s ins, an accurate scaled drav 'ng of all building faces to be signed. i..cluatng the scaled outL.ies of all e? sting a proposed signs E. Design. Construction, and Maintenance. All s; ns shall be designed, constructed, and maintained according to the following standards: 1. All signs shall comply with the applicable provisions of Uniform Building Code in effect at the time of the sign permit application and all other applicable structural, electrical and other regulations. The issuance of a sign permit under these regular'3ns does not relieve the app':cant of complying w h all other permit requirements 2. Al l ! gns shall be m nta ed i a good structural condition at all imes; 3. The owner shall be respon ble for ts erec on and ma iter ce and ts compl-nce v the provisions of these regulations or other laws regulating si gns. 5.136.11 Sign in commercial and industrial zones—Review procedure. A. All signs requiring a perm' shall be re 'ewed bv the City staff. Staff shall cons ler the design, lettering, arrangement, size, texture, materials, colors. 1 ghting. placement, and appropriateness of the proposed sign in relation to other signs and other structures on the premises and contiguous area keeping w h the intent of this title. City staff shall approve, mod'fy or deny the permit. B. In the event the permit is modified or denied bv the City staff, the applicant may appeal to the Planning Commission bv giving written notice of the appeal to the City Recorder no later than ten (10) days following the modification or denial of the sign permit application bv the L i t * staff. The Planning Commission shall hear the matter at its next regularly scheduled meeting. The City staff shall furnish to the Planning Commission its findings and conclusions with respect to the permit. The Planr:ng Commis?:on may modify or deny the permit. 5.136.12 Nonconforming signs Signs that were logntiv established prior to the adoption of this code on . 2011 and nc longer meet the sign code standards are considered nonconforming signs. Nonconformi*"* sign may cont:iue to be :n use, sub'ect to the restrictions th'c section: A. General Requirements for Nonconforming Signs 1 i he follov ng non-conform ig sjgps will be considered unlawful upon passage of tl is ordinance and must come !.ito full compliance within 90 days of ordinance approval or be removed: a. All signs in the Public Right of_Way 2. A nonconfom ng si. n shall not be a. Mod led, unless the modification brings the —gn i ito complianc with tl s chapter. A change of copy is allowed, except that any change in a wall sign wl ch is painted on a structure shall comph vith the requirements of this chapte: b. Expanded. c. Relocated 3 , nonconforming z'zn may undergo normal mr ntenance. except a. "Normal maintenance" excludes major structure repa' rs dei.gneri to extend th( jseful fe of the nonconforming sign. b. ff a nonconforming sign is damaged bv wind, fire, neglect or Kv tnv otner cause, and such damage exceeds 60 percent ol £ replacement value: the nonconform' ig s :m shall not be repaired and shall be removed. 4. Upon change of use of a business or prer,..ses. a nonconforming gign shall be brought -nto compliance with this code with i 180 days B. Abandoned Signs All signs and sign structures for a business shall be removed within tl rtv (30'' davs after that business ceases to operate on a regular basis. Abandoned signs that are not removed may be removed bv the C v follow ig no ce to the propert owner. The property owner will be assessed the cost of the gn remova if the owner fails to remove the abandoned sign and the City exercises its authority under this provisi m 5.136.13 Variances—Signs. Any allowance for signs not complying with the standards set forth in these regulatbns shall be bv var'ance. Variances to thi chapter will be processed according to the procedures i Ai idg 2.600 : however, the criteria n 2.600 (2) shall not be used, but instead the follov :r.g ci" :e 'a shall be used to rev ;w and de< dej gn var nee app ^a ons A. There are unique circumstances or conditions of the lot, building or traffic pattern such that the ex. iting —'"n regula ons create an undue hards' r B. The requested variance is consistent w h the purpose of this chapter as stated n Sectior 5.136.0: C. The ^anting of the vai i ance compensates for those circumstances in a manner eqi ¡table v'*' other property owners and i thus not a special pi rilege to any other business. The vai jance requested shall be the n ..mum necessary to compensate for those conditions and ach ve t - purpose of this chapter D. The granting of the variance shall not decrease pedestrian or traffic safety: and 2. The variance request shall not be the result of a self Imposed condition or hardship. 5.136.14 Unlawful sign removal. A. Any unlawful sign that has not been removed w n thirty (30) days after nof fica on of th: property owner may be removed bv the c..v and the costs charged to the property owner. If removal costs have not been paid and the sign reclaimed within thirty (30) days of its removal bv the city, the city is entitled to file a lien against the property on which the sign was located to secure payment of such costs and expenses of removal bv the city. The city may sell otherv is dispose of the sign so removed and apply the proceeds towards the cost of removal. B. Signs which are found upon public streets. °:dewalks. i ihts-of-wav. or other publi property, or which present an nme< ate and se ous danger to the publ may be removec without prior notice 5.136.15 Conditional uses, A. Procedures. Appl"at ons tor com onai use pern is tor rotating/revol g_ gns or messag signs shall be processed according to the procedure set forth i Article 2.500 oftl s_ tie. Th«* ci teria to be reviewed and applied n conditional use permit pro^ec^ngs are set forth in th: section, and the criteria of Art:"le 2.500 (2) shall not be appl 'd. B. Decision Criteria. The following criteria shall be used to rev;ew and decide conditional use permit applications for rotating/revolving, and message signs: 1. The proposed sign is located in . C-l. C-2 and M-l zones: 2. The proposed sign, when conditioned, w 1 not significantly increase or ..¿d to street levc. sign clutter, or to signs adversely dominating the visual image of the area: 3. The proposed sign, as conditioned, will not adversely impact the surround'1^ area to a sign, icant degree: 4. The proposed sign will not present a traffic or safety hazard: 5. If the application is for a message sign, no rotary beacon lights, zip lights, strobe lights, or similar devices shall be allowed. No chaser effect or other flashing effect consisting of external lights, lamps, bulbs or neon tubes are allowed: 6. If the application is for a rotating/revolving sign, such sign cannot flash or be illuminated by intermittent light. Rotating/revolving signs shall revolve at a speed no greater than five revolutions per minute: 7. The total allowed sign area for a business shall be reduced by twenty-five (251 percent if the business has a rotating/revolving or message sign: 8. The proposed sign will comply with all other regulations, including, but not limited to height and placement restrictions. Section 3. Effective Date. This Ordinance shall become effective October 22nd , 2011 Adopted by the Common Council of the City of Turner this September 22nd , 2011 Yeas: 4 Nays: 0 Approved: Paul Thomas, Mayor First Reading: Second Reading: Adopted: Signed: Effective Date: September 15th, 2011 September 22nd, 2011 September 22nd, 2011 September 28, 2011 October 22nd, 2011 AGENDA for COMMON COUNCIL OF THE CITY OF TURNER Turner City Hall 7:C0 pm September 22nd, 2011 CALL TO ORDER PUBLIC COMMENTS COUNCIL MEMBER COMMENTS CONSENT CALENDAR (Items can be approved by a single motion or removed for separate consideration) a) City Council Minutes from September 15th, 2011 NEW BUSINESS Discussion & Decision: Request tor Pheasant/Quail rearing in City Discussion & Decision: Ordinance No. 11-101: Sign Ordinance and Other Land Use Updates Discussion & Decision: Approval of Police Study Recommendations Administrators Report: OTHER BUSINESS: PUBLIC COMMENT COUNCIL MEMBER COMMENTS Further information on any agenda item is available at City Hall This City Council meeting will be held at the City Hall, 7250 3rd Street SE Special provisions for individuals with disabilities can be provided with 48-hour notice by calling or writing at 743-2155, City Hall, P.O. Box 456, Turner, OR 97392 Staff Report: City Council Meeting, 9.22 11 2011 NEW BUSINESS Glean Mcluw request to house and rear Pheasants/Quail The Council began discussion of this item at the September 15th Council Meeting. At the request of Council a letter was sent to all residents of the Bet hel Loop neighborhood informing them of the project and requesting that Uiey contact City Hall with any question«» or concerns. Letters were sent out on Friday September 16th . Staff will provide details of what we heard from the neighborhood at the meeting. Ordinance No. 11-101: Sign Ordinance and Other Land Use Updates Council voted for this ordinance to pass its first reading on September 15th At this meeting the Council can vote to go to second reading and then adopt the ordinance. Approval of Police Study Recommendations in the three months that City staff and our consultant have been reviewing the police department operations, a list of over 20 projei ts have been compiled. That list is attached. There are some items that are purely administrative and not so closely connected with a change in mission, i.e. making sure people are using the correct ammunition, that are not included. This list is more mission related: helping refinp and provide support for that mission. On the included document you can see that some items have alread} been completed and many are under development. At this time, we are asking for the items highlighted in veiiow to be gi ven the blessing of the Council. As time permits we will continue to chip off items on this list in hopes to address each of these items throughout the year. 1 I CITY OF TURNER, OREGON MINUTES OF THE COMMON COUNCIL September 22nd, 2011 This meeting was held at the City Hall and was called to order at 7:00 p.m. by Mayor Thomas Board Members Present: M. Dennis, M. Taylor, P. Thomas, L. Doran Public Comments: Richard Bates stated that the sign ordinance was a waste of time and asked why the City didn't want freestanding signs. Consent Calendar Councilor Dennis moved and Councilor Doran seconded a mou'jn o approve the Consent Calendar consisting of: City Council Minutes from September 15th , 2011. Motion passed unanimously Request for Pheasan^Quai) rearing in City: The Council revisited this issue from the previous meeting. The Administrator stated that they had no concerns raised from the letter that had been sent out After brief comments, Councilor Dennis made and Councilor Doran seconded a motion to approve the request for a quail raising variance to the animal ordinance. Motion passed 3 to 1, with Councilor Taylor dissenting. Ordinance No. 11-101: Sign Ordinance and Other Land Use Updates: There was brief discussion and the identification of a scribners error which was corrected. Councilor Doran made and Councilor Dennis seconded a motion to have the ordinance pass its second reading bv title only as amended. Motion passed unanimously. The Mayor read the title into the record. Councilor Taylor made and Councilor Dennis seconded a motion to have the ordinance be passed an adopted. Motion passed unanimously. Approval of Police Study Recommendations: The Administrator presented the list of projects that would be considered over the months to come with recommendations for two projects, Lexipol purchase and Security Alarm system purchase, to go forward at this time. After some discussion of maintenance on the security alarm, the Councilors concurred with the expenditures. Administrators Report: The Administrator noted that he would be helping DJ Thommen to get folks together for another Ford Family Foundation leadership class. Also groundbreaking for the ballfield project had been scheduled for October 4th. Other Business The Administrator asked if he could pursue purchasing paint to try and get the city buildings repainted The Council concurred. Councilor Taylor asked if we could purchase some picnic tables for 5th Street. All agreed this should be included in a winters conversation about how the park will change as a consequence of the ball field lease. Council Comments: Councilor Doran noted that Nancy Ko and family had cleaned up Turner Road of trash once again. The City Council adjourned at 7:44 pm Approved: Mayor FaufThomas Attest J - David Sawyer, City Administrator AGENDA for COMMON COUNCIL OF THE CITY OF TURNER Turner City Hall SPECIAL MEETING 7:00 pm September 15lh, 2011 CALL TO ORDER PUBLIC COMMENTS COUNCIL MEMBER COMMENTS CONSENT CALENDAR (Items can be approved by a single motion or removed for separate consideration) a) City Council Minutes from September 8th, 2011 b) Accounts Payable dated September 9th , 2011 NEW BUSINESS Discussion & Decision*. Request for Pheasant/Quail rearing Jti City Discussion & Decision: Ordinance No. 11-101: Sign Ordinance ana Other Land Use Updates Discussion & Decision: Phase II Police Report on Options for Providing Police Services Administrators Report: OTHER BUSINESS: PUBLIC COMMENT COUNCIL MEMBER COMMENTS Further information on any agenda item is available at City Hall. This City Council meeting will be held at the City Hall, 7250 3rd Street SE Special provisions for individuals with disabilities can be provided with 48-hour notice by calling or writing at 743-2155, City Hall, P.O. Box 456, Turner, OR97392 Staff Report: City Council Meeting, 9.22.11 2011 NEW BUSINESS Glean Melow request to house and rear Pheasants/Quail The Council began discussion ot this item at the September 15th Council Meeting. At the request of Council a letter was sent to all residents of the Bethel Loop neighborhood informing them of the project and requesting thai they contact City Ha!" with any questions or concerns. Letters were sent out on Friday September 16th. Siaff will provide details of what we heard from the neighborhood at the meeting. Ordinance No. 11-101: Sign Ordinance and Other Land Use Updates Council voted for this ordinance to pass its first reading on September 15th. At this meeting the Council can vote to go to second reading and then adopt the ordinance Approval of Police Study Recommendations in the three months that City staff and our consultant have been reviewing the police department operations, a list of over 20 projects have been compiled. That list is attached. There are some items that are purely administrative and not so close!y connected with a change in mission, i\e. making sure people are using the correct ammunition, that are not included. This list is more mission related: helping refine and provide support for that mission. On the included document you can see that some items have already been completed and many are under development At this time, we are asking for the items highlignted in yellow to be given the blessing of the Council. As time permits we will continue to chip off items on this list in hopes to address each of these items throughout the year. 1 I P a g e CITY OF TURN LR, OREGON MINUTES OF THE COMMON COUNCIL September 15th, 2011 This meeting was held at the City Hall and was called to order at 7:00 p.m. by Mayor Thomas. Board Members Present: M. Dennis, M. Taylor, P. Thomas, L. Doran, J. Sawyers Consent Calendar: After a few questions about accounts payable, Councilor Dennis moved and Councilor Doran seconded a motion to approve the Consent Calendar consisting of: City Council Minutes from September 8th , 2011; Accounts Payable dated September 9th , 2011. Motion passed unanimously. Request for Pheasant/Quail rearing in City: Glean Melow discussed his project and its history. Dave Bedoup, Department of Oregon Fish and Wildlife reviewed their role in the project. Councilor Dennis felt it was a god thing, involving youth education. Councilor Taylor felt that it was too many birds in a coop in that neighborhood. Councilor Sawyers was concerned about the possibility of flooding on the property. The Administiator suggested that a leltei lie sent to the neighborhood to see who may have concerns. Council requested that this be done and the issue be discussed at a future meeting. Ordinance No. 11-101: Sign Ordinance and Other Land Use Updates: There were brief comments on the ordinance regarding the change to allow signs on the baseball field fence. The Administrator asked that the Council be clear about not allowing free standing signs in the downtown since he was anticipating an application for one. Councilor Taylor made and Councilor Sawyers seconded a motion to have the ordinance pass its first reading by title only. Motion passed unanimously. The Mayor read the title into the record. Phase II Police Report on Options for Providing Police Services: Consultant David Burright gave a presentation on Phase 11 of the review process. He reviewed the public input section of the process, emphasizing how clear the community input had been on retaining their own police department. However, staffing and how it would be funded was not so clear. He then went through the 6 options that the City could pursue. After some discussion, the Mayor requested that the Council take a formal vote on what option they want. Councilor Sawyers made and Councilor Taylor seconded a motion to support Option 4, to continue with a 7 person Police Department. Motion passed unanimously. Administrators Report: The Administi ator noted the following: the City w ould soon be working on a contract with Marion County for work on Delanoy; the luncheon for Carly has been scheduled for Sept. 30th; a meeting with the schools w ill happen on Monday to start moving the pool committee forward. Citizen Comments: Richard Bates stated that the City always delays people who want to do good things. He also felt that: the sign ordinance was "dumb", that the police consultant was a "waste of money", and that ticket revenue should not be part of the budget. Maureen LeBlanc agreed on the quail raising request and said that the sign ordinance grandfathered in too many ugly signs. Council Comments: Councilor Doran hoped that a community ball game could be setup to kickoff the new field. The City Council adjourned at 8:29 pm Mayor Paul Thomas Attest: David Sawyer, City Administrator „l(i{i1i,|l.l(lMH|i||,iJI(i|,j!|Hil|.,tll|ji{i| UNITED WE STAND ¿fi*«** I T H E V - ( W E S 02 ,p $001.88° 0 )3971609 NOV 01 °011 M 1 ^D rROM ZIP CODE 97392 DEPT OF FROM CITY OF TURNER 7250 3 r d STREET S.E. - P O , BOX 456 TURNER, OR 97362 MOV I 2 2011 LAND CONSERVATION AND DEVELOPMENT Dept. of Land Conservation & Development ATTN: Plan Amendment Specialist 635 Capitol Street NE, Suite 150 Salem, OR 97301-2540