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(A) Lighting exterior to the structures shall be shielded in such a manner as to confine emitted light within the boundary of the property from which it originated except lighting installed to illuminate the American Flag or Oregon State Flag may project into the air to properly illuminate the flag, however, such lighting shall not project onto adjacent property or into a public right-of-way.
(B) When a sign is removed or replaced, all brackets, poles and other structural elements that supported the sign and are not being used for the new sign shall also be removed. Affected building surfaces shall be restored to match the adjacent portion of the structure.
(C) (1) Signs and supporting hardware, including temporary signs and time/temperature signs shall be structurally safe, clean, free of visible defects and functioning properly at all times.
(2) Repairs to signs shall be equal to or better in quality of materials and design than the original sign.
(D) All signs shall be maintained at all times in a state of good repair, and no person shall maintain or permit to be maintained on any premises owned or controlled by him or her, any sign which is in a sagging, leaning, fallen, decayed, deteriorated or otherwise dilapidated or in an unsafe condition.
(Prior Code, § 16.080.045) (Ord. 445, passed 5-15-2017; Ord. 450, passed 12-18-2017; Ord. 465, passed 10-21-2019)
(A) Any sign that is unused for more than 90 consecutive days shall be deemed abandoned and shall be removed by the property owner; except that, if the sign is in a vacant commercial or industrial space, the sign may remain provided there is an active attempt to obtain tenants for the space.
(B) For the purposes of this section, UNUSED shall mean the absence of copy or advertising message or the sign is on a property that is not in use.
(Prior Code, § 16.080.050) (Ord. 445, passed 5-15-2017; Ord. 450, passed 12-18-2017; Ord. 465, passed 10-21-2019)
(A) Non-conforming signs may continue to exist, subject to the following provisions.
(1) Any sign that was approved under previous regulations, or for which a variance was granted, shall either be removed or brought into compliance with this subchapter as a condition of approval of design review on the appurtenant property.
(2) Temporary and portable signs that are not in conformance with the provisions of this subchapter shall be regarded as non-conforming and shall be removed within 90 days of the effective date of this subchapter.
(3) No additions or enlargements may be made to a non-conforming sign, except those additions or enlargements that are required by law.
(4) A sign that is moved, replaced or structurally altered shall be brought into conformance with this section; except that:
(a) Non-conforming signs may be repaired and maintained and may have the sign copy changed. A sign may be removed from its sign structure for repair or maintenance if a permit is obtained under this section.
(b) Non-conforming signs may be structurally altered when the alteration is necessary for structural safety; and
(c) Non-conforming signs may be reconstructed if required to be moved for construction or repair of public works or public utilities and the sign reconstruction is completed within 90 days after the completion of the public works or public utility construction or repair.
(5) A non-conforming sign that is damaged shall not be repaired if the estimated expense to repair the sign exceeds 50% of the replacement cost of the sign as of the day before the sign was damaged. A damaged non-conforming sign that cannot be repaired shall be removed within 90 days of the date the sign was damaged. As used herein, “non-conforming sign” includes the sign structure, foundation and supports.
(6) Whenever a non-conforming sign is damaged and the estimated cost to repair the sign is 50% or less of its replacement value as of the day before the sign was damaged, it may be repaired and restored to the condition it was in before it was damaged and may continue to be used as a non-conforming sign; provided that, such repairs and restoration are started within 90 days of the date the sign was damaged and are diligently pursued thereafter.
(7) Whenever repair and/or restoration to a damaged non-conforming sign is not started within 90 days of the date the sign is damaged or is diligently pursued once started, the sign shall be deemed abandoned and shall be removed by the property owner.
(8) Abandoned signs shall not be permitted as non-conforming signs.
(9) No non-conforming sign shall be permitted to remain unless properly repaired and maintained as provided in this section. A sign maintained in violation of this provision shall be removed as provided in division (A)(1) above. Any non-conforming sign that is determined by the building official to be an unsafe sign shall be removed as provided by division (A)(5) above. Any non-conforming sign determined by the City Manager to be an abandoned sign shall be removed as provided in division (A)(7) above.
(B) Nothing in this section shall be deemed to prevent the maintenance of any sign or regular manual changes of sign copy on a sign.
(C) This section shall not require the removal or modification of a sign if the sign is in good condition and located on a historically significant structure or object as recognized in the Comprehensive Plan.
(D) Any non-conforming signs located at tax lots 1N312AB00400, 1N301DC06300 or 1N3120000200, that were approved under previous regulations, or for which a variance was granted, and which was installed prior to 4-1-2013 will be permitted until such time that all or a portion of the sign is removed or in poor repair, for any reason, including acts of God. Highway signs cannot be altered in physical dimensions.
(Prior Code, § 16.080.055) (Ord. 445, passed 5-15-2017; Ord. 450, passed 12-18-2017; Ord. 465, passed 10-21-2019)
HOME OCCUPATIONS
(A) The purpose of this subchapter is to encourage those who are engaged in small commercial ventures that could not necessarily be sustained if it were necessary to lease commercial quarters or which, by the nature of the venture, are appropriate in scale and impact to be operated within a residence. Home occupations are encouraged for their contribution in reducing the number of vehicle trips often generated by conventional businesses.
(B) Two types of home occupations are contemplated by this code:
(1) Administrative home occupations meeting the standards in § 155.431 of this chapter are allowed by right; provided, the owner has a current business license and all other uses and structures on the subject property are in conformance with the applicable zoning; and
(Prior Code, § 16.085.000) (Ord. 445, passed 5-15-2017)
(A) Appearance of residence.
(1) The home occupation shall be restricted to lawfully-built enclosed structures and be conducted in such a manner as not to give an outward appearance of a business and may not exceed 25% of the floor area of the dwelling; or occupy no more than 500 square feet of a garage, either attached or detached; or occupy no more than 500 square feet of any other outbuilding.
(2) The home occupation shall not eliminate any required off-street parking spaces for the dwelling.
(3) The home occupation shall not result in any structural alterations or additions to a structure that will change its primary use or building code occupancy classification.
(4) The home occupation shall not violate any conditions of development approval (such as, prior development permit approval).
(5) No products and or equipment produced or used by the home occupation may be displayed to be visible from outside any structure.
(B) Storage.
(1) Outside storage, visible from the public right-of-way or adjacent properties that exceed what is customary for a single-family residence in the vicinity, is prohibited.
(2) On-site storage of hazardous materials (including toxic, explosive, noxious, combustible or flammable) beyond those normally incidental to residential use is prohibited.
(3) Storage of inventory or products and all other equipment, fixtures and activities associated with the home occupation shall be allowed in any structure.
(C) Employees.
(1) Other than family members residing within the dwelling located on the home occupation site, there shall be not more than one full-time equivalent employee at the home occupation site at any given time. As used in this subchapter, the term HOME OCCUPATION SITE means the legal lot on which the home occupation is conducted.
(2) Additional individuals may be employed by or associated with the home occupation, so long as they do not report to work or pick up/deliver at the home occupation site.
(3) The home occupation site shall not be used as a headquarters for the assembly of employees for instruction or other purposes, including dispatch of employees to other locations.
(D) Advertising and signs. Signs shall comply with all applicable sign regulations.
(E) Vehicles, parking and traffic.
(1) One commercially-licensed vehicle associated with the home occupation is allowed at the home occupation site. It shall be of a size that would not overhang into the public right-of-way when parked in the driveway or other location on the home occupation site.
(2) There shall be no more than three commercial vehicle deliveries to or from the home occupation site daily. There shall be no commercial vehicle deliveries during the hours of 5:00 p.m. to 8:00 a.m.
(3) There shall be no more than one client’s or customer’s vehicle at any one time and no more than eight per day at the home occupation site.
(F) Business hours. There shall be no restriction on business hours; except that, clients or customers are permitted at the home occupation from 8:00 a.m. to 7:00 p.m. only, Monday through Saturday, subject to divisions (A) and (E) above.
(G) Prohibited home occupation uses.
(1) Any activity that produces radio, television or other electronic interference; noise, glare, vibration, smoke or odor beyond allowable levels as determined by local, state or federal standards, or that can be detected beyond the property line; is prohibited.
(2) Any activity involving on-site retail sales, including garage sales exceeding the thresholds of a temporary use, is prohibited; except that, the sale of items that are incidental to a permitted home occupation is allowed. For example, the sale of lesson books or sheet music from music teachers, art or craft supplies from arts or crafts instructors, computer software from computer consultants and similar incidental items for sale by home business is allowed subject to divisions (A) through (F) above.
(3) The following uses and uses with similar objectionable impacts, because of motor vehicle traffic, noise, glare, odor, dust, smoke or vibration, are prohibited:
(a) Ambulance service;
(b) Animal hospital, veterinary services, kennels or animal boarding;
(c) Auto and other vehicle repair, including auto painting; and
(d) Repair, reconditioning or storage of motorized vehicles, boats, recreational vehicles, airplanes or large equipment on-site.
(H) Enforcement. The City Manager or designee may visit and inspect the site of a home occupation in accordance with this subchapter periodically to ensure compliance with all applicable regulations, during normal business hours and with reasonable notice.
(Prior Code, § 16.085.005) (Ord. 445, passed 5-15-2017)
(A) Generally.
(1) The purpose of this section is to encourage those who are engaged in small commercial ventures that do not conform to the provision for an administrative home occupation that allow home occupations as outright permitted uses that do not require a conditional use permit. This section provides a process for more intense home occupations to be allowed with conditional use permit approval by the Planning Commission and notice to surrounding property owners.
(2) These home occupations may be permitted, with conditions of approval when appropriate, in order to increase the benefits of people working and living in the same place, while protecting neighboring residents from adverse impacts of home occupation activities. These benefits to the business owner and to the general public include: reduced number of commute-to-work trips; day-time “eyes on the street” at the residence; and a neighborhood-scale version of mixed residential and commercial uses.
(B) Approval process and criteria.
(1) Home occupation permit. Applications for proposals that cannot meet all of the standards required for an administrative home occupation shall be processed as a conditional use procedure, as governed by §§ 155.070 through 155.077 of this chapter using the approval criteria in division (B)(2) below. In addition to the application requirements for a quasi-judicial procedure, the applicant shall provide:
(a) A written narrative or letter:
1. Describing the proposed home occupation;
3. Demonstrating compliance with the criteria in division (B)(2) below.
(b) A site plan, not necessarily to scale but with accurate measurements, of the lot proposed for the home occupation, including:
1. The property lines and their dimensions;
2. Outlines of the foundations of all buildings proposed for home occupation use with dimensions for each wall, and the distances from each wall to the nearest property line;
3. Boundaries and dimensions of driveways and parking areas, indicating areas for use by home occupation employees and customers;
4. Outlines of the foundations of abutting residences, and the distances from the shared property line to the nearest wall of each neighboring residence; and
5. Identifying the buildings and areas of those buildings in which home occupation activities will take place, and identifying which activities will take place in which buildings and areas.
(2) Criteria. The Planning Commission shall approve, approve with conditions or deny an application for a conditional use home occupation based on all of the following criteria:
(a) The proposed use will not be materially detrimental to the stated purposes of applicable code requirements and to other properties within a radius of 100 feet of the subject property;
(b) Impacts to surrounding properties may exist but can be mitigated; and
(c) Existing physical and natural systems, such as, but not limited to, drainage, natural resources and parks, will not be adversely affected any more than would occur if the development occurred in compliance with an administrative home occupation.
(Prior Code, § 16.085.010) (Ord. 445, passed 5-15-2017)
AUTOMOBILE -RELATED SERVICES; WRECKING YARDS AND JUNK YARDS
Special uses included in this subchapter are uses which, due to their effect on surrounding properties, must be developed in accordance with special conditions and standards. These conditions and standards may differ from the development standards established for other uses in the same zoning district. When a dimensional standard or a special use differs from that of the underlying district, the standard for the special use shall apply.
(Prior Code, § 16.90.000)
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