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DIR2009-00001 . I D i ,e.-2c69 -ooew Ill .I 's DIRECTOR'S INTERPRETATION TIGARD DATE: November 23, 2009 CODE CHAPTER: 18.780 Signs TOPIC: May an existing freestanding sign that is in addition to the one allowed in a residential zone be allowed to continue as an approved use? Also, may an existing freestanding sign that is over the height limit for a residential zone be allowed to continue as an approved use? LOCATION: 9000 SW Durham Road and 12645 SW Pacific Highway I. INTRODUCTION The relevant section of the Community Development Code states: Section 18.780.130.A.4 & B.4: For non - residential uses, one illuminated or non - illuminated freestanding sign not exceeding six feet in height and 32 square feet in area per sign face for uses approved under the site development review or conditional use process will be permitted. II. RELEVANT CONDITIONS REQUIRING A DIRECTOR'S INTERPRETATION 1) The nonconforming sign has been inexistence for approximately twenty years or more. 2) The site has been an approved school use since the enactment of the zoning regulations. 3) The sign is typical to that used by schools in other jurisdictions. 4) The sign has been kept in good repair and has received no complaints from the public. 5) The presence of the sign provides a public information service. 6) The sign has potential to reduce traffic to the site to obtain simple notices. 7) The sign does not detract from neighborhood quality or negatively impact surrounding land uses. 8) The height of the sign allows it to be read above the height profile of traffic. III. ANALYSIS The sign is located in a Residential Zone on an arterial street with high traffic volume. The location is further shown to be bounded by Commercial or Industrial Zones, is a considerable distance from a residential neighborhood, and the sign faces are oriented to the arterial street. The site is very large and the nonconforming sign is not near the conforming sign allowed in the zone. Since this free- standing internally lit sign is common to schools on arterial streets in other jurisdictions, it is generally recognized as an accepted or common use by the public. The removal of the nonconforming sign would result in an economic hardship for the schools due to the need to broadly disseminate information in a cost effective way. Director's Interpretation Nonconforming Signs 112309 Page 1 IV. INTERPRETATION The nonconforming sign is recognized as providing a public service by making information about school activities easily available to the public and it is not considered to be detrimental to the surrounding neighborhoods. The nonconforming sign may remain on the property under the following conditions: 1) The sign may not exceed the area allowed for the zone, and 2) The sign may not be increased in height, and 3) The sign may not be re -built or re- located on the property. VOIVVI Ron Bunch, Community Development Director Director's Interpretation Nonconforming Signs 112309 Page 2 DATE: 11/23/2009 L al- 0 cal CODE SECTIONS: 18.780 MI May an existing freestanding sign that is in addition to the one allowed in a residential zone be allowed to continue as an approved use? Also, may an existing freestanding sign that is over the height limit for a residential zone be allowed to continue as an approved use? INTERPRETATION: LOCATION: 9000 SW Durham Road and 12645 SW Pacific Highway. I. INTRODUCTION The relevant section of the Community Development Code states: Section 18.780.130.A.4 & B.4: For non - residential uses, one illuminated or non - illuminated freestanding sign not exceeding six feet in height and 32 square feet in area per sign face for uses approved under the site development review or conditional use process will be permitted. II. RELEVANT CONDITIONS REQUIRING A DIRECTOR'S INTERPRETATION 1) The nonconforming sign has been inexistence for approximately twenty years or more. 2) The site has been an approved school use since the enactment of the zoning regulations. 3) The sign is typical to that used by schools in other jurisdictions. 4) The sign has been kept in good repair and has received no complaints from the public. 5) The presence of the sign provides a public information service. 6) The sign has potential to reduce traffic to the site to obtain simple notices. 7) The sign does not detract from neighborhood quality or negatively impact surrounding land uses. 8) The height of the sign allows it to be read above the height profile of traffic. III. ANALYSIS The sign is located in a Residential Zone on an arterial street with high traffic volume. The location is further shown to be bounded by Commercial or Industrial Zones, is a considerable distance from a residential neighborhood, and the sign faces are oriented to the arterial street. The site is very large and the nonconforming sign is not near the conforming sign allowed in the zone. Since this free - standing internally lit sign is common to schools on arterial streets in other jurisdictions, it is generally recognized as an accepted or common use by the public. The removal of the nonconforming sign would result in an economic hardship for the schools due to the need to broadly disseminate information in a cost effective way. IV. INTERPRETATION The nonconforming sign is recognized as providing a public service by making information about school activities easily available to the public and it is not considered to be detrimental to the surrounding neighborhoods. The nonconforming sign may remain on the property under the following conditions: 1) The sign may not exceed the area allowed for the zone, and 2) The sign may not be increased in height, and 3) The sign may not be re -built or re- located on the property. By; Ron Bunch, Community Development Director