Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
ZOA2003-00003
ZOA2003L 000o3 • • CITY OF TIGARD Community lDeve(opment Shaping Better Community ��� : : �- � �LAND USE PROPOSAL DESCRIPTION�� 120 DAYS = N/A FILE NO.: ZONE ORDINANCE AMENDMENT (ZOA) 2003-00003 FILE TITLE: BILLBOARDS & FREESTANDING FREEWAY ORIENTED SIGNS CODE AMENDMENT APPLICANT: City of Tigard OWNER: N/A Attn: Brad Kilby 13125 SW Hall Boulevard Tigard, OR 97223 REQUEST: To review and amend the Tigard Sign Code Chapter 18.780 to clarify language ' regarding "Billboards" and "Freestanding Freeway Oriented Signs," and to amend the language of Section 18.230.030 to make the definition of"Responsible Party" consistent with Tigard Municipal Code Section 18.740.020(A)(1-3). LOCATION: Citywide. ZONE: N/A. APPLICABLE REVIEW CRITERIA: Statewide Planning Goals 1 and 2; Comprehensive Plan Policies 1 and 2; and Community Development Code Chapters 18.230, 18.380, 18.390 and 18.780. CIT AREA: East/South/VVest/Central CIT FACILITATOR: List Available Upon Request COMMENTS SENT: NOVEMBER 13, 2003 DUE: DECEMBER I, 2003 DATE DLCD NOTICE WAS SENT: NOVEMBER 12, 2003 (54 days prior to I" hearing) DECISION MAKING BODY BELOW: ❑ TYPE I ['TYPE II ❑ TYPE III ® TYPE IV ® PLANNING COMMISSION (MON.) DATE OF HEARING: JANUARY 5, 2004 TIME:7:00 PM ® CITY COUNCIL (TUES.) DATE OF HEARING: JANUARY 27, 2004 TIME:7:30 PM COMPONENTS RELATED TO THE PROJECT AVAILABLE FOR VIEWING IN THE PLANNING DIVISION • ® PROPOSED ORDINANCE/AMENDMENTS ® STAFF REPORT ® DLCD NOTICE ❑ VICINITY MAP ❑ SITE PLAN STAFF CONTACT: Brad Kilby, AICP Associate Planner (503) 639-4171, Ext. 2434 • PRE-APP.HELD BY: CITY:OF TIGARD, PLAN`NING DIVISION 13125 SW HALL.BOULEVARD TIGARD; OR 97223 81189 �� Wi 501639.4171/603:684:,t297:- CITY OF TIGARD OREGON _. .. .._;.:,..: LAND USE PERMIT APPLICATION File# UW3-00003 OtherCase.# Date,[I ti( 03 By QYY1 K -Receipt#;; /A :City::L Urb Date;:Complete u( `Z I 3 TYPE OF PERMIT YOU ARE APPLYING FOR ❑Adjustment/Variance (I or II) ❑ Minor Land Partition (II) ❑ Zone Change (Ill) ❑ Comprehensive Plan Amendment(IV) ❑ Planned Development(Ill) El Zone Change Annexation (IV) ❑ Conditional Use (III) ❑ Sensitive Lands Review (I, II or III) one Ordinance Amendment(IV) ❑ Historic Overlay (II or III) ❑ Site Development Review (II) ❑ Home Occupation (II) ❑ Subdivision (II or III) LOCAI ION WHERE PROPOSED AC fIDITY WILL OCCUR(Address it available) TAX MAP&TPoc LOT NOS. TOTAL Sll E SIZE ZONING CLASSIFICAI ION APPLICAN I'll�.� ((CC'` ##���ZQ J� MAILING ADDREO55ICI5GAl E/ZIP � � �i LR ( y"1SSOG'vivre I3 aS SU VkAu t i 1 GActo QR �'laa3 H-ION NO. 1 FAX NO. PRIMARY C�N fACT PERSON , Xt ��� PHONE NO. R■ o Z L._,BY -etSSOe.a crE P1 a\ner PROPER I Y OWNERIDEED HOLDER(Attach list if more than one) MAILING ADDRESS/CI FYIS FATE/LIP PHONE NO. FAX NO. *When the owner and the applicant are different people, the applicant must be purchaser of record or a lessee in possession with written authorization from the owner or an agent of the owner. The ners must sign this application in the space provided on the back of this form or submit a written authorization with this application. PROPOSAL SUMMARY(Please be specific) Pg,ope., 41 - mcA k.e G`Qi•i 'N(-0,V,43 h S q A�.A Ti: c:r.Q ki GL-0 c I C (\E 17.4.1e C`P�gcIP8 -16 giak60Grd S;�►Ss k d rcc-eekaa.( gir`; pc e.CS ciseesr4Ac .Ac Si��tJS, J APPLICATIONS WILL NOT BE ACCEPTED WITHOUT ALL OF THE REQUIRED SUBMITTAL ELEMENTS AS DESCRIBED IN THE "BASIC SUBMITTAL REQUIREMENTS" INFORMATION SHEET. • THE APPLICANT SHALL CERTIFY THAT: • If the application is granted, the applicant shall exercise the rights granted in accordance with the terms and subject to all the conditions and limitations of the approval. ♦ All the above statements and the statements in the plot plan, attachments, and exhibits transmitted herewith, are true; and the applicants so acknowledge that any permit issued, based on this application, map be revoked if it is found that any such statements are false. ♦ The applicant has read the entire contents of the application, including the policies and criteria, and understands the requirements for approving or denying the application(s). SIGNATURES OF EACH OWNER OF THE SUBJECT PROPERTY ARE REQUIRED. • Owner's Signature Date Owner's Signature Date Owner's Signature Date Owner's Signature Date Owner's Signature � Date , , /I Applican Agent/Rresentative's ature Date Applicant/Agent/Representative's Signature Date i CODE AMENDMENT NARRATIVE (Z0A2003-00003) The City of Tigard is seeking to amend the language in the Tigard Development Code (TDC) to clarify language pertaining to "Billboard" signs and Freestanding Freeway oriented signs. On April 13, 1993, the Tigard City Council, by majority vote, agreed to prohibit billboard signs in the Tigard city limits, and to remove the approval criteria for billboard signs from the Special Condition Signs section of then TDC Section 18.114.090. This year, West Coast Media, LLC, and later Media Arts, Inc. applied for building permit approval to construct "freeway oriented" signs under the premise that if they received approval from ODOT and pursuant to the Oregon Motorists Information Act (OMIA) they would not be subject to separate review from the City of Tigard. City planning staff recommended to the Building Official that the building permits for the signs be denied after finding that the signs that were applied for exceeded the maximum allowable size and height for "freeway oriented" signs, and that in fact, the signs that were applied for appeared to be billboards. The Building Official denied approval of the permits, and the two companies filed appeals with the Oregon Land Use Board of Appeals. The appeals were based on language in Tigard Development Code, Chapter 18.780. A Director's Interpretation was requested and issued. The two companies appealed the interpretation to the City Council. In June of this year, the City Council affirmed the Director's Interpretation, and West Coast Media, LLC, and Media Arts, Inc. again filed appeals to the Oregon Land Use Board of Appeals. At the direction of the City Attorney, this amendment is being considered to clarify language within the Tigard Development Code Chapter 18.780 to clarify language pertaining to "Billboard" signs and Freestanding Freeway oriented signs. The specific criteria that must be considered are found in TDC Section 18.390.060(G) and are addressed below. This application would also amend the definition of "Responsible Party" in TDC Section 18.230.030 to be consistent with the definition in the Tigard Municipal Code (TMC) Section 7.40.020(A)(1-3) for code enforcement purposes. S Statewide Planning Goals and Guidelines Goal 1: Citizen Involvement The City of Tigard has a strong citizen component to its government. Each month the City of Tigard hosts a television show and public television to discuss community issues. The City publishes a monthly newsletter to make the citizens aware of new projects and issues that may affect their daily lives. The newsletter is available throughout the City of Tigard and is mailed with the City's utility bills. Each of the methods discussed above are in addition to the notification required by state statutes prior to public hearings and open houses. Federal or state statutes or regulations found applicable There are no known federal or state statutes that may be adversely affected by this proposal as Land use and facility planning are administered through plans that reflect such statutes. Applicable Metro regulations This proposal does not contain any element that is contrary to any of the goals and policies of the regional plan adopted by Metro. To ensure that this is the case, a request for comment will be sent to Metro prior to the first public hearing. Applicable Comprehensive Plan Policies Policy 1.1.1 (a and c) a. The proposal is consistent with this policy in that it is consistent with the statewide planning goals and the Metro Regional Plan as discussed previously. c. The proposal will also ensure that the community development code is kept current with the needs of the community. Policy 2.1.1, 2.1.2, and 2.1.3 (Citizen Involvement) As stated in the previous discussion of the State Land Use Goal #1, this proposal advances this policy in that it,will have a citizen involvement component inherently attached through public meetings, hearings, and legal notices. The proposal is reviewed as a Type IV project, which entails a minimum of two public hearings, in addition to the required notices. All information is relayed to the public in an understandable format, and staff is always available to clarify any confusion. Applicable provisions of the City's implementing ordinances • • The only known provision that would be affected is the very same provision that is proposed to be amended. The proposed amendments of TDC 18.780 are attached to this narrative. Pages 18.780-18 thru 18.780-26 are omitted from this packet because there are no proposed changes on those pages of the TDC. • PROPOSED CHANGES ADDITIONS: Indicated by UNDERLINE DELETIONS: Indicated by (Additionally, a bar in the far right margin also indicates where a change has been made. Example: I ) •' • Chapter 18.780 SIGNS Sections: 18.780.010 Purpose 18.780.012 Effective Date of this Chapter 18.780.015 Definitions 18.780.020 Permits Required 18.780.030 Permit Approval Process 18.780.040 Expiration of Approval: Standards for Extension of Time 18.780.050 Inspections • 18.780.060 Permit Exemptions 18.780.070 Certain Signs Prohibited 18.780.080 Sign Illumination • 18.780.085 Sign Measurement 18.780.090 Special Condition Signs 18.780.100 Temporary Signs 18.780.110 Nonconforming Signs 18.780.120 Sign Removal Provisions: Nonconforming and Abandoned Signs 18.780.130 Zoning District Regulations 18.780.140 Sign Code Adjustments 18.780.010 . Purpose • A. General purposes. The purposes of this chapter are: 1. To protect the health, safety, property and welfare of the public; 2. To promote the neat, clean, orderly and attractive appearance of the community; 3. To accommodate the need of sign users while avoiding nuisances to nearby properties; 4. To insure for safe construction, location, erection and maintenance of signs; 5. To prevent proliferation of signs and sign clutter; and 6. To minimize distractions for motorists on public highways and streets. 7. To regulate solely on the basis of time,place and manner of a sign, not on its content. B. Sign quality. In addition, it is the purpose of this chapter to regulate the design, quality of materials, construction, location,.electrification, illumination and maintenance of all signs visible from public property or from public rights-of-way. C. Compliance with other laws and regulations. It is not the purpose of this chapter to permit the erection or maintenance of any sign at any place or in any manner unlawful under any other ordinance, or state or federal law. D.Orcgon Motorist Information Act. This chapter adopts by reference the provisions of the Oregon • Motorist Information Act,ORS Chapter 377. Signs 18.780-1 SE Update: 03/02 • • Signs 18.780-2 SE Update: 03/02 • • 18.780.012 Effective Date of this Chapter A. Effective date. All references made in this chapter to the effective date of this chapter shall mean November 9, 1983, unless otherwise specifically stated in an ordinance revision. 18.780.015 Definitions A. Definitions. As used in this title, unless the context requires otherwise, the following words and phrases shall have the meanings set forth in this chapter. The definitions to be used in this chapter are in addition to Chapter 18.110, Definitions, and are as follows: 1. " `A' board sign"means any double face temporary rigid sign; 2. "Abandoned sign"means a structure not containing a sign for 90 continuous days or a sign not in use for 90 continuous days; 3. "Area" - see Section 18.780.085 for definition of sign area; 4. "Awning sign"means a wall sign incorporated into or attached to an awning; 5. "Balloon"- see "Temporary sign"; 6. "Banner" - see "Temporary sign"; 7. "Bench sign"means a bench designed to seat people which carries a written or graphic message; 8. "Billboard"means a -"_ :-- -.•.. : • : : •;; ; •' •- • •; a freestanding sign in excess of the maximum size allowed, with adjustments, in the locations where it is located or proposed to be located. -" 9 10. "Building official" means officer or designee of the City empowered to enforce the Uniform Building Code; 10. —1-1-. "Business" means all of the activities carried on by the same legal entity on the same premises and includes charitable, fraternal, religious, educational or social organizations. "Legal entity" includes, but is not limited to, individual proprietorships, partnerships, corporations, nonprofit corporations, associations or joint stock companies; 11. -1.2. "Construct" means every type of display in the form of letters, figures, characters and/or representations; 12. 13. "Cutout" means every type of display in the form of letters, figures, characters and/or representations in cutout or irregular form attached to or superimposed upon a sign; 13. -1,4—"Development review" means the site development review process set forth in Chapters 18.360; Signs 18.780-3 SE Update: 03/02 14. -1-5—"Directional sign" means a permanent sign which is designed and erected solely for the I purpose of traffic or pedestrian direction and placed on the property to which the public is directed; 15. -1-6-"Display surface" means the area made available by the sign structure for the purpose of I displaying the advertising or identification message; 16. 17. "Electrical sign"means any sign utilizing electrical wiring; 17. -1$:—"Electronic information sign" means signs, displays, devices or portions thereof with lighted I messages that change at intermittent intervals, each lasting more than two seconds, by electronic process or remote control. Electronic information signs are not identified as rotating,revolving or moving signs. Also known as an automatic changeable copy sign or electronic variable message center; 18. -1 "Face of a building" means all windows and wall areas of a building in one or more parallel I planes; 19. 20. "Flashing sign" means any sign which.is illuminated by an intermittent or sequential flashing light source whose interval is two seconds or less in duration, or which is in any other way animated so as to create the illusion of movement without actual physical movement or the illusion of a flashing or intermittent light or light source; 20. 2-1—"Flush pitched roof sign" means a sign attached to a mansard or similar type of vertically aligned roof; 21. 22. "Freestanding sign" means a sign erected and mounted on a freestanding frame, mast or pole I and not attached to any building; 22. 23. "Freeway interchange"means any intersection of an exit off-ramp of Interstate Highway 5 or I State Highway 217 with a surface street; 23. 24="Freeway-oriented sign" means a sign primarily designed to be read by a motorist traveling I on a highway designated by the Oregon State Highway Department as a freeway or expressway; specifically, these shall be Interstate 5 and Oregon State Highway #217, and shall not include Highway 99W; 24. 25. "Frontage"means the length of the property line of any one premises along a public roadway; I 25. 26. "Housing complex" means a grouping of one or more single-family attached residential units I or one or more multi-family residential units; 26. 27. "Immediate or serious danger"means: a. Whenever any portion of the structure is damaged by fire, earthquake, wind, flood or other causes, and any member or appurtenance is likely to fail, become detached or dislodged, or to collapse and thereby injure persons or damage property; b. Whenever any portion of the structure is not of sufficient strength or stability or is not so anchored, attached or fastened in place as to be capable of resisting a wind pressure of one- half of that specified in the Uniform Building Code for this type structure or similar structure, Signs 18.780-4 SE Update: 03/02 • and will not exceed the working stresses permitted in the Uniform Building Code for such structures; and c. Whenever the location of the sign structure obstructs the view of motorists traveling on the public streets or private property, and thus causes damage to property or thereby injures persons. 27. 28. "Industrial Park" means a parcel of land which complies with the requirements set forth in Chapter 18.530; 28. 29. "Lawn sign"- see "Temporary sign"; • 29. 30. "Lighting methods"means: • a. Direct- exposed lighting or neon tubes on the sign face; b. Flashing- lights which blink on and off randomly or in sequence; c. Indirect or External - the light source is separate from the sign face or cabinet and is directed so as to shine on the sign; and d. Internal - the light source is concealed within the sign. 30. 3-1—"Maintenance" means normal care needed to keep a sign functional such as cleaning, oiling, changing and repair of light bulbs and sign faces. Does not include structural alteration; 31. 32. "Nonconforming sign" means a sign or sign structure lawfully erected and properly maintained that would not be allowed under the sign regulations presently applicable to the site; 32. 33. "Non-structural trim" means the moldings, battens, caps, nailing strips and latticing, letters and walkways which are attached to a sign structure; 33. 34-"Painted wall decorations" means displays painted directly on a wall, designed and intended as a decorative or ornamental feature. Decorations may also include lighting; 34. 35. "Painted wall highlights" means painted areas which highlight a building's architectural or structural features; 35. 36. "Painted wall sign" means a sign applied to a building wall with paint and which has no sign structure; 36. 37. "Person" means individuals, corporations, associations, firms, partnerships and joint stock • companies; 37. 38. "Premises" means one or more lots on which are constructed or on which are to be constructed a building or a group of buildings designed as a unit; 38. 39. "Projecting sign" means a sign attached to a building other than a wall sign in which the sign face is not parallel to the wall. Such sign shall not project above the wall of the building to which it is attached, except where there is an existing parapet; Signs 18.780-5 SE Update: 03/02 • 39. 49-"Projection"means the distance by which a projecting sign extends from a building; 40. 4-"Reader-board sign" means any sign with changeable copy or a message, except electronic information signs; 41. 43-"Roof line" means the top edge of a roof or building parapet, whichever is higher, excluding any cupolas, chimneys or other minor projections; 42. 44-"Roof sign" means a sign erected fully upon or directly above a roof line or parapet of a building or structure. Exceptions: include approved temporary balloons, signs attached to existing architectural features and flush mounted"roof' signs; 43. 4§-"Rotating, revolving or moving sign" means any sign, or portion of a sign, which moves in any manner; 44. 46. "Shopping center"means developments of not less than eight business units; 45. 47. "Shopping plaza"means developments of between two and seven business units; 46. 48-"Sign" means materials placed or constructed primarily to convey a message or other display and which can be viewed from a right-of-way, another property or from the air; 47. 49--"Sign structure" means any structure which supports or is capable of supporting any sign as described in the Uniform Building Code. A sign structure may be a single pole and may or may not be an integral part of a building; 48. 50. "Structural alteration" means modification of the size, shape or height of a sign structure. Also includes replacement of sign structure materials with other than comparable materials, for example metal parts replacing wood parts; 49. 3- -"Surface street"means a street which does not have limited access and which is not a freeway or expressway; 50. 52. "Temporary sign" means any sign, "A" board frame, banner, lawn sign or balloon which is not permanently erected or permanently affixed to any sign structure, sign tower, the ground or a building: a. Balloon - an inflatable, stationary temporary sign anchored by some means to a structure or the ground. Includes simple children's balloons, hot and cold air balloons, blimps and other dirigibles; b. Banner- a sign made of fabric or other nonrigid material with no enclosing framework; c. Lawn Sign - a freestanding sign in residential zones which is exempt from sign permit requirements provided the size requirements in Subsection 18.780.060 B2. can be met. • 51. 53. "Tenant Sign"means a sign placed in control of a current tenant or property owner; Signs 18.780-6 SE Update: 03/02 • • • 52. 54—"Uniform Building Code" means the most recent structural and specialty Oregon Uniform I Building Code as adopted by the Oregon Department of Commerce, and which Uniform Building Code, by this reference, is incorporated in this title to the extent of specific citations thereof in • this title; 53. 55. "Wall Sign" means any sign attached to, painted on, or erected against the wall of a building or structure with the exposed face of the sign in a plane parallel to the plane of the wall. B. General rule. For the purpose of this chapter, words used in the present tense include the future, the singular number includes the plural, "shall" is mandatory and not Directory, and "building" includes "structures"except"sign structures." 18.780.020 Permits Required A. Compliance with regulations. No sign or sign structure shall hereafter be erected, re-erected, constructed, structurally altered or relocated within the City limits except as provided by this title, and a permit for the same sign or sign structure has been issued by the Director. B. Separate permits for each sign. A separate permit shall be required for each sign or signs for each business entity and a separate permit shall be required for each group of signs on a single supporting structure. C. Compliance with UBC. Separate structural permits under the Uniform Building Code shall also apply. D. Electrical permit required. An electrical permit shall be obtained for all illuminated signs, from the enforcing agency subject to the provisions of the State Electrical Code. E. Retroactive sign permits. The Director may require application for sign permits for all signage at a given address if no existing permits previously had been approved or documented. 18.780.030 Permit Approval Process A. Permits for existing signs. Permits for modification of existing signs, or to legalize signs for which a permit was not obtained when it was constructed, will be processed by means of a Type I procedure, as governed by Section 18.390.030, using the requirements of this chapter as approval criteria. B. Permits for new signs. Permits for new signs will be processed by means of a Type I procedure, as governed by Section 18.390.030, using the requirements of this chapter as approval criteria. C. Site plan. The applicant shall submit a proposed sign site plan. The Director shall provide the applicant with detailed information about this submission requirement. 18.780.040 Expiration of Approval: Standards for Extension of Time A. Expiration of approval. Sign permit approval shall be effective for a period of 90 days from the date of approval. B. Reasons for lapsing. The sign permit approval shall lapse if: 1. Substantial construction of the approved plan has not begun within the 90 day period; or Signs 18.780-7• SE Update: 03/02 • 2. Construction on the site is a departure from the approved plan. C. Extension of approval. The Director shall, upon written request by the applicant, grant an extension of the approval period not to exceed 90 days provided that: • 1. No changes are made on the original sign permit plan as approved; 2. The applicant can show intent of initiating construction of the sign within the 90 day extension period; and 3. There have been no changes in the applicable policies and ordinance provisions and Uniform Building Code provisions on which the approval was based. 18.780.050 Inspections A. Construction inspection. General requirements for the inspection of signs during and following construction: 1. All construction work for which a permit is required shall be subject to an inspection by the Building Official in accordance with the Uniform Building Code and this title: a. A survey of the lot or proposed location for sign erection may be required by the Building Official to verify compliance of the structure with approved plans; and b. Neither the Building Official nor the jurisdiction shall be liable for expense or other obligations entailed in the removal or replacement of any material required to allow inspection. B. Inspection requests. It shall be the duty of the person doing the work authorized by a permit to notify the Building Official that such work is ready for inspection. The Building Official may require that every request for inspection be filed at least one working day before such inspection is desired. C. Required interim inspections. 1. Reinforcing steel or structural framework of any part of the proposed structure shall not be covered or concealed without first obtaining approval of the Building Official; 2. Foundation inspections shall be made after all required excavations, form work and bolt settings are completed and ready to receive concrete; 3. All anchorages shall be left exposed for inspection; 4. Electrical inspection shall be made by the agency issuing electrical permits. D. Final inspections. Final inspection shall be called for by the applicant when all work is completed. This inspection shall cover all items required by the Building Official under State law or City ordinances such as the locations, landscaping if required, and general compliance with the approved plans and requirements of this title. Signs 18.780-8 SE Update: 03/02 E. Director's inspection. The Director is authorized and directed to enforce all of the provisions of this chapter: 1. All signs for which permits are required shall be inspected by the Director; and 2. Upon presentation of proper credentials, the Director may enter at reasonable times any building, structure, or premises in the City to perform any duty imposed upon the position by this chapter. 18.780.060 Permit Exemptions A. Exemptions from permit requirements. The following signs and operations shall not require a sign permit but shall conform to all other applicable regulations of this chapter and the provisions of Subsection B below: 1. Lawn signs which do not exceed the maximum allowable area on one premise regardless of the number of signs as follows: a. A total of 12 square feet in the R-1, R-2,R-3.5, R-4.5 and R-7 zones; b. A total of 24 square feet in the R-12, R-25 and R-40 zones. 2. Signs not oriented or intended to be legible from a right-of-way, other property or from the air; 3. Signs inside a building, except for strobe lights visible from a right-of-way, other property or from the air; 4. Painted wall decorations; 5. Painted wall highlights; 6. Signs affected by stipulated judgments to which the City is a party, entered by courts of competent jurisdiction; 7. Directional signs; 8. Interior window signs; 9. Nothing in this title shall prevent the erection, location or construction of directional signs on private property when such signs are solely designed to direct pedestrians or vehicular traffic while on the parcel of real property on which the signs are located. No sign permit or fee shall be required for such signs; and 10. Nothing in this title shall prevent the erection, location or construction of signs on private property where such erection, construction or location is required by any law or ordinance, nor shall any public agency or utility be prohibited from erecting signs on private property when otherwise permitted. No sign permit or fee shall be required for such signs. B. Requirements for exempted signs. All signs exempt from permit requirements under Subsection A above shall meet the following requirements: Signs 18.780-9 SE Update: 03/02 • • 1. The sign shall be erected on private property with the consent of the lawful possessor of the property and shall not be placed on utility poles or in the public right-of-way; and 2. At least one sign shall be permitted per parcel of land; additional signs on such parcel shall be spaced at least 50 feet apart in residential zoning districts and 30 feet apart in nonresidential zoning districts. C. Exceptions. The sign permit provisions of this section shall not apply to repair, maintenance or change of copy on the same sign (including, but not limited to the changing of a message on a sign specifically designed and permitted for the use of changeable copy), or unlawfully erected or maintained signs. 18.780.070 Certain Signs Prohibited A. Prohibited display of flags and banners. It is a violation of this chapter to erect or maintain strings of pennants, banners or streamers, festoons of lights, clusters of flags, strings of twirlers or propellers, flashing or blinking lights, flares, balloons and similar devices of carnival character. Exceptions include: 1. National, state and institutional flags properly displayed; 2. Signs and banners approved as temporary signs; and 3. Balloons as allowed in Subsection 18.780.090C. B. Unsafe signs or improperly maintained signs. No sign shall be constructed, erected or maintained unless the sign and sign structure is so constructed, erected and maintained as to be able to withstand the wind, seismic and other requirements as specified in the Uniform Building Code or this title. C. Signs at intersections. No sign shall be erected at intersections of any streets in such a manner as to materially obstruct free and clear vision. All signs shall be consistent with Chapter 18.795 of this title: 1. No sign shall be erected at any location where, by reason of the position, shape or color, that interferes with, obstructs the view of, or could be confused with any authorized traffic signal or device; and 2. No sign shall be erected which makes use of the word "stop," "look," "danger," or any other similar word, phrase, symbol, or character in such manner as is reasonably likely to interfere with, mislead or confuse motorists. D. Obscenity. No sign shall bear or contain statements, words or pictures in which the dominant theme of the material, taken as a whole, appeals to the prurient interest in sex or is patently offensive because it affronts the contemporary community standard relating to the description or representation of sexual material which is utterly without redeeming social value. &D. Traffic obstructing signs. No sign or sign structure shall be constructed in such a manner or at such a location that it will obstruct access to any fire escape or other means of ingress or egress from a building or any exit corridor, exit hallway or exit doorway. No sign or supporting structure shall cover, wholly or partially, any window or doorway in any manner that it will substantially limit access to the building in case of fire. Signs 18.780-10 SE Update: 03/02 • S F. Bare light bulbs. Strings of bare lights shall not be constructed, erected, or maintained within view of any private or public street or right-of-way except if designed as part of a structure's architectural design. This subsection shall not apply to lighting displays as described in Subsection 18.780.070.A.2. G. Roof signs. Roof signs of any kind are prohibited, including temporary signs with the sole exception • of approved temporary balloons. H. Revolving signs. Revolving,rotating or moving signs of any kind are prohibited. I. Flashing signs. A sign which displays flashing or intermittent or sequential light, or lights of changing degrees or intensity, with each interval in the cycle lasting two seconds or less. Exposed reflective type bulbs, strobe lights, rotary beacons,par spots, zip lights, or similar devices shall be prohibited. J. Temporary signs with illumination or changeable copy. A sign not permanently erected or affixed to any sign structure, sign tower or building which is an electrical or internally illuminated sign or a sign with changeable message characteristics. K. Right-of-way. Signs in the public right-of-way in whole or in part, except signs legally erected for informational purposes by or on behalf of a government agency. L. Signs on a vehicle. Any sign placed on or painted on a motor vehicle or trailer, as defined by ORS Chapter 801,with the primary purpose of providing a sign not otherwise allowed for by this chapter. M. Billboards. Billboards are prohibited. 18.780.080 Sign Illumination A. Surface brightness. The surface brightness of any sign shall not exceed that produced by the diffused output obtained from 800 milliampere fluorescent light sources spaced not closer than eight inches, center on center. • B. No exposed incandescent lamps. Any exposed incandescent lamp which exceeds 25 watts shall not be used on the exterior surface of any sign so as to expose the face of such bulb or lamp to any public street or public right-of-way with the exception of electronic information signs. 18.780.085 Sign Measurement A. Projecting and freestanding signs. 1. The area of a freestanding or projecting sign shall include all sign faces counted in calculating its area. Regardless of the number of sign cabinets or sign faces, the total allowable area shall not be exceeded; 2. The area of the sign shall be measured as follows if the sign is composed of one or more individual cabinets or sides: a. The area around and enclosing the perimeter of each cabinet, sign face or module shall be summed and then totaled to determine total area. The perimeter of measurable area shall not Signs 18.780-11 SE Update: 03/02 • include embellishments such as pole covers, framing and decorative roofing, provided there is no written advertising copy, symbols or logos on such embellishments; b. If the sign is composed of more than two sign cabinets, sign facia or modules, the area enclosing the entire perimeter of all cabinets and/or modules within a single, continuous geometric figure shall be the area of the sign. Pole covers and other embellishments shall not be included in the area of the sign measurement if they do not bear written advertising copy, symbols or logos; and c. The overall height of a freestanding sign or sign structure is measured from the grade directly below the sign to the highest point of the sign or sign structure and shall include architectural and structural embellishments. B. Wall Signs. 1. The area of the sign shall be measured as follows: a. The area around and enclosing the perimeter of each cabinet, sign face or module shall be summed and then totaled to determine total area. The perimeter of measurable area shall not include embellishments such as pole covers, framing and decorative roofing, provided there is no written advertising copy, symbols or logos on such embellishments; b. If the sign is composed of individual letters or symbols using the wall as the background with or without added decoration, the total sign area shall be calculated by measuring the area within the perimeter of all symbols and letters or other decoration including logos; c. Measurement of the wall area pertaining to flush pitched "roof' signs shall be calculated as if the sign were mounted directly on the wall face immediately below the sign; and d. Measurement of the wall area pertaining to awning or canopy signs shall be calculated to include the vertical surface of the awning or canopy on which the sign is to be mounted and the wall surface of the structure to which it is attached. 18.780.090 Special Condition Signs A. Applicability. Special-condition signs shall have special or unique dimensional, locational, illumination, maximum number or other requirements imposed upon them in addition to the regulations contained in this chapter. B. Bench signs. 1. Bench signs shall only be permitted at designated transit stops in commercial, industrial and the R-12,R-25 and R-40 zones where no bus shelter exists: a. There shall be no more than one bench sign per allowable transit stop; b. Placement of the bench sign shall not interfere with pedestrian traffic or be located within a vision clearance area or a public right-of-way unless otherwise determined to be permissible by the City Engineer; Signs 18.780-12 SE Update: 03/02 • • c. Application for a bench sign shall include the signature of the affected property owner, proof of liability insurance and any required permits from the State Highway Division or Washington County, where applicable; and d. The sign area shall be limited to a total of 14 square feet. • Signs 18.780-13 SE Update: 03/02 i • C. Balloons. 1. One inflatable, stationary balloon or one cluster of children's balloons firmly secured shall be allowed only if all of the following conditions are satisfied: a. A City of Tigard sign permit is obtained for each single or cluster of balloons; b. Each owner or legal occupant of property or a building shall be allowed one balloon per year; c. A balloon sign shall be allowed to remain up for a period of no longer than 10 days per year; d. A permit issued for a balloon will serve as one of the three sign permits allowed per business in a calendar year; e. Balloons may be permitted as roof signs with a City sign permit; f. The size of a balloon shall not exceed 25 feet in height; and g. The balloon shall be secured to a structure on the ground and shall not be allowed to float in the air higher than 25 feet above.the nearest building roof line. D. Electronic message centers. 1. Electronic Message Center(variable message) sign regulations shall be as follows: a. Electronic message center signs shall be permitted only in the C-G and CBD zones; b. The maximum height and area of an electronic message center sign shall be that which is stipulated in Subsection 18.780.130C; c. An electronic message center shall be allowed to substitute for one freestanding sign or one wall sign; • d. One electronic message center sign, either freestanding or wall-mounted, shall be allowed per premises; e. With regard to light patterns: (1) Traveling light patterns ("chaser effect") shall be prohibited; (2) Messages and animation shall be displayed at intervals of greater than two seconds in duration. E. Free-standing freeway-oriented signs. 1. A.A • -- •• -. • •: • -- 3 •-rmit from the State of Oregon under the provisions of the Oregon - : ---: • - • - ---: --- --:: - : :: • : - . - - . . • :; F signs . or requiring a permit under the Oregon Motorist Information Act, the City will determine pursuant to a Type 1 process whether the sign meets all applicable City standards and provide that determination to any applicant for a state permit consistent with ORS 377.723. Signs 18.780-14 SE Update: 03/02 • • 2. Freeway-oriented signs shall be permitted only in the C-G,I-P, I-L and I-H zoning districts; 3. Freeway-oriented signs shall be permitted to be located within 200 feet of Highway 217 and/or Interstate Freeway No. 5 rights-of-way as shown in the Freeway-Oriented Sign (FOS) overlay zone maps in Figure 1; (Figure 1 is on file in the City Recorder's office.) 4. One freestanding freeway-oriented sign shall be allowed per premises; 5. The maximum height of a freeway-oriented sign shall not exceed 35 feet from the ground level at its base; 6. For freestanding signs a total maximum sign area of 160 square feet per face (320 square feet total) shall be allowed. If the sign is a billboard, thcn the provisions of Sub shall apply; 7. Freeway-oriented signs shall be oriented to be viewed from the freeway; 8. In addition to a freeway-oriented sign, each parcel, development complex or premises shall be allowed one freestanding sign provided all other provisions of this chapter can be met and both signs are located on separate frontages with different orientations; 9. Freeway-oriented signs are not permitted as roof, tenant, temporary, balloon, wall and awning signs; F. Awning signs. 1. Awning signs shall be permitted in all zoning districts; 2. The copy on awning signs may not extend above the upper surfaces of the awning structure. They may be hung below the awning if the sign clears the sidewalk by at least 8-1/2 feet; 3. Awning signs may be internally or externally illuminated; and 4. Awning signs may extend into the public right-of-way 6-1/2 feet or 2/3 of the distance to the roadway, whichever is less. However, no sign may extend within two feet of the roadway. State Highway Division approval shall be necessary for awning signs on state highways. G. Flush pitched"roof'sign. 1. Flush pitched roof signs shall be allowed in all zoning districts except residential; 2. The face of flush pitched roof signs may not extend more than six inches above the roof line; 3. Flush pitched roof signs shall be parallel to the building face. They may not extend beyond the building wall. Such surfaces shall be considered part of a wall surface in the calculation of total wall area; Signs 18.780-15 SE Update: 03/02 • • 4. Such signs shall be attached to a mansard or other near vertical roof where the roof angle is greater than 45 from horizontal; and 5. All Code provisions applicable to wall signs shall also be applicable to this type of sign. H. Painted Wall Signs. 1. Wall signs, including symbols or logos, which are painted directly onto the wall surface shall not exceed in gross wall area that percentage normally allowed for a wall sign in that zoning district; however, the vertical dimension of the sign cannot exceed 20 percent of the height of the wall. 18.780.100 Temporary Signs A. Authorization. The Director shall be empowered to authorize temporary signs not exempted by Section 18.780.060 by means of a Type I procedure, as governed by Section 18.390, using approval criteria contained in Section 18.385. The Director shall attach such conditions to the issuance of a permit for a temporary sign as may be necessary to ensure discontinuance of the use of the sign in accordance with the terms of the authorization, and to ensure substantial compliance with the purpose of this title. B. Expiration. 1. A temporary sign permit shall terminate within 30 days from the date of issuance; and 2. No permit shall be issued for a period longer than 30 days, but a permit may be reissued by the Director for two additional permit periods of 30 days each per calendar year. C. Types and locations. Types and locations of temporary signs shall be as follows: 1. The total number of temporary signs shall not exceed one for any use at any one period of time; such signs are not permitted for single-family and duplex dwellings; 2. The total area of a temporary sign shall not exceed 24 square feet and no more than 12 square feet per face; such signs are not permitted for single-family and duplex dwellings. The permitted area for a banner shall be no more than 24 square feet per face with the total sign area not to exceed 24 square feet; 3. See Subsection 18.780.015 A.52 for the types of temporary signs which may be approved; 4. Special event banners to be hung across public right-of-ways may be permitted by the City Manager's designee; 5. A balloon as provided in Subsection 18.780.090 C. D. Location. The location of a temporary sign shall be as approved by the Director. E. Attachment. Temporary signs may not be permanently attached to the ground, buildings or other structures. 18.780.110 Nonconforming Signs Signs 18.780-16 SE Update: 03/02 • A. Applicability. For the purposes of this chapter, non-conforming signs will be defined as follows: 1. Except as provided in this chapter, signs in existence on March 20, 1978, in accordance with Ordinance Nos. 77-89 and 78-16, which do not conform to the provisions of this chapter, but which were constructed, erected or maintained in compliance with all previous regulations, shall be regarded as nonconforming signs which may be continued until March 20, 1988; 2. Signs in existence on January 11, 1971, which do not conform to the provisions of this chapter, but which were constructed, erected or maintained in compliance with all previous regulations, were regarded as nonconforming signs and could be continued for a period of 10 years from January 11, 1971. All such signs which were not brought into compliance with the standards in Ordinance Nos. 77-89 and 78-16 and the extensions granted, are now in violation of this chapter; 3. Signs located on premises annexed into the City after January 11, 1971, which do not comply with the provisions of this chapter, shall be brought into compliance with this chapter within a period of ten years after the effective date of the annexation; 4. Any sign which is structurally altered, relocated or replaced shall immediately be brought into compliance with all of the provisions of this chapter, except the repairing and restoration of a sign on site or away from the site to a safe condition. Any part of a sign or sign structure for normal maintenance shall be permitted without loss of nonconforming status. B. Restrictions. For purposes of this title, a sign face or message change shall be subject to the following provisions: 1. A sign face or message change on a nonconforming sign is not allowed as an alteration when the affected property and sign structure have been abandoned for greater than 90 days; 2. A sign face or message change shall be allowed as an alteration only for existing conforming signs and for nonconforming signs prior to their amortization expiration date; and 3. No sign permit shall be required for allowable sign face or message changes. C. Reconstruction. Should a nonconforming sign or sign structure or nonconforming portion of structure be destroyed or repaired by any means to an extent of more than 50% of its replacement cost, it shall not be reconstructed except in conformity with the provisions of this title. D. Requirements for conformance. 1. Signs in existence on the effective date of this chapter which do not comply with provisions regulating flashing signs; use of par spotlights or rotating beacons; rotating and revolving signs; flags, banners, streamers, or strings of lights, or temporary or incidental signs; shall be made to conform within 90 days from the effective date of this chapter; 2. Billboard signs in existence on the effective date of this title which do not comply with the . - . .. -- .. :e.e•e • : -- . . - - - . _ •• . • -- . ••• - - --- - - - -.•--- -- -- - - - - - -; - - ---.- 18.780.120 Sign Removal Provisions: Nonconforming and Abandoned Signs Signs 18.780-17 SE Update: 03/02 • • Chapter 18.230 ENFORCEMENT Sections: 18.230.010 Provisions of this Title Declared to be Minimum Requirements 18.230.020 Violation of Title Prohibited 18.230.030 Penalty 18.230.040 Complaints Regarding Violations 18.230.050 Inspection and Right of Entry 18.230.060 Abatement of Violations 18.230.070 Stop-Order Hearing 18.230.010 Provisions of this Title Declared to be Minimum Requirements A. Minimum requirements intended. In their interpretation and application, the provisions of this title shall be held to be minimum requirements, adopted for the protection of the public health, safety, and general welfare. B. Most restrictive requirements apply. When the requirements of this title vary from other provisions of this title or with other applicable standards, the most restrictive or that imposing the highest standard shall govern. 18.230.020 Violation of Title Prohibited A. Violation of title prohibited. No person shall erect, construct, alter, maintain or use any building or structure or shall use, divide or transfer any land in violation of this title or any amendment thereto. 18.230.030 Penalty A. Class 1 penalty. A violation of this title shall constitute a Class 1 civil infraction which shall be processed according to the procedures established in Chapter 1.16 of this code, Civil Infractions. B. Each violation a separate infraction. Each violation of a separate provision of this title shall constitute a separate infraction, and each day that a violation of this title is committed or permitted to continue shall constitute a separate infraction. C. Abatement of violation required. A finding of a violation of this title shall not relieve the responsible party of the duty to abate the violation. The penalties imposed by this section are in addition to and not in lieu of any remedies available to the City. D. Rcsponsiblc party. If a provision of this title is violated by a firm or corporation, the officer or this-seetien7"Responsible party" means the person responsible for curing or remedying a violation, which includes: 1. The owner of the property, or the owner's manager or agent or other person in control of the property on behalf of the owner; 2. The person occupying the property, including bailee, lessee, tenant or other person having possession; Enforcement 18.230-1 11/26/98 •t • S 3. The person who is alleged to have committed the acts or omissions, created or allowed the condition to exist, or placed the object or allowed the object to exist on the property. 18.230.040 Complaints Regarding Violations A. Filing written complaint. Whenever a violation of this title occurs, or is alleged to have occurred, any person may file a signed,written complaint. B. File complaint with Director. Such complaints, stating fully the causes and basis thereof, shall be filed with the Director. The Director shall properly record such complaints, investigate and take action thereon as provided by this title. 18.230.050 Inspection and Right of Entry A. Right of entry. Whenever the Director has reasonable cause to suspect a violation of any provision of this chapter exists or when necessary to investigate an application for or revocation of any approval under any of the procedures described in this title, the Director may enter on any site or into any structure for the purpose of investigation, provided that no premises shall be entered without first attempting to obtain the consent of the owner or person in control of the premises if other than the owner. B. Search warrant. If consent cannot be obtained, the Director shall secure a search warrant from the City's municipal court before further attempts to gain entry, and shall have recourse to every other remedy provided by law to secure entry. 18.230.060 Abatement of Violations A. Abatement of violations. Any development or use which occurs contrary to the provisions of this title or contrary to any permit or approval issued or granted under this title is unlawful, and may be abated by appropriate proceedings. 18.230.070 Stop-Order Hearing A. Stop order issued. Whenever any work is being done in violation of the provisions of the Code or a condition of any permit or other approval granted pursuant hereto, the Director may order the work stopped by notice in writing served on persons engaged in doing such work or causing such work to be done. All work under the permit or approval shall cease until it is authorized to continue. B. Stop-order hearing. The Director shall schedule a hearing if requested on the stop order for the soonest practicable date, but not more than seven (7) days after the effectiveness of any required notice. At the discretion of the Director, such hearing may be: 1. Part of a hearing on revocation of the underlying permit or approval pursuant to Section 18.390.050; or 2. Solely to determine whether a violation has occurred. The Hearings Officer shall hold this hearing and shall make written findings as to the violation within seven (7) days. Upon a finding of no violation, the Hearings Officer shall require the issuance of a resume work order. Upon finding a violation, the stop-order shall continue to be effective until the violating party furnishes Enforcement 18.230-2 11/26/98 • • sufficient proof to the Hearings Officer that the violation has been abated. The Hearings Officer's decision is subject to review under Section 18.390.060.■ • Enforcement 18.230-3 11/26/98 ! • 70-A a c re on : Mynm%°• Department of Land Conservation and Development 635 Capitol Street NE, Suite 150 Salem,Oregon 97301-2540 s S gg Theodore R.Kulongoski,Governor Phone: (503) 373-0050 Main/Coastal Fax: (503)378-6033 Director's/Rural Fax: (503) 378-5518 TGM/Urban Fax: (503) 378-2687 Web Address:http://www.lcd.state.or.us NOTICE OF ADOPTED AMENDMENT February 12, 2004 TO: Subscribers to Notice of Adopted Plan or Land Use Regulation Amendments FROM: Larry French, Plan Amendment Program Specialist SUBJECT: City of Tigard Plan Amendment DLCD File Number 003-03 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. Due to the size of amended material submitted, a complete copy has not been attached. Appeal Procedures* DLCD ACKNOWLEDGMENT or DEADLINE TO APPEAL: February 24, 2004 This amendment was submitted to DLCD for review 45 days prior to adoption. 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 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. Cc: Brad Kilby, City of Tigard Planning Department <paa> n • . t • F • orm2 DLCD NOTICE OF ADOPTION DEPT OF This form must be mailed to DLCD within 5 working days after the final decision_ 0 9 2004 per ORS 197.610 and OAR Chapter 660-Division 18 FEB LAND CONSERVATION (See reverse side for submittal requirements) AND DEVELOPMENT Jurisdiction: City of Tigard Local File No.: ZOA2003-00003 (If no number,use none) Date of Adoption: January 27, 2004 Date Mailed: February 3, 2004 (Must be filled in) Date mailed or sent to DLCD) Date this proposal was sent or mailed: November 12, 2003 (54 days) (Date mailed or sent to DLCD) _ Comprehensive Plan Text Amendment _ Comprehensive Plan Map Amendment X Land Use Regulation Amendment _ Zoning Map Amendment New Land Use Regulation _ Other: • (Please Specify Type of Action) Summarize the adopted amendment. Do not use technical terms. Do not write "See Attached." A Zone Ordinance Amendment to review and amend the Tigard Sign Code Chapter 18.780 to clarify language regarding "Billboards" and "Freestanding Freeway Oriented Signs," and to amend the language of Section 18.230.030 to make the definition of "Responsible Party" consistent with Tigard Municipal Code Section 18.740.020(A)(1-3). Describe how the adopted amendment differs from the proposed amendment. If it is the same, write "Same." If you did not give notice for the proposed amendment, write "N/A." (Same) Plan Map Change from: N/A to N/A Zone Map Change from: N/A to N/A Location: Citywide Acres Involved: N/A Specify Density: Previous: N/A New: N/A Applicable Statewide Planning Goals: 1 & 2. Was an Exception adopted? Yes: _ No: X DLCD File No.: 003-"®3 (13acoo) Form2 • Did the Department of Land Conservation and Development receive a Notice of Proposed Amendment FORTY FIVE (45) days prior to the first evidentiary hearing? Yes: X No: If no, do the Statewide Planning Goals apply. Yes: No: If no, did The Emergency Circumstances Require immediate adoption. Yes: _ No: Affected State or Federal Agencies, Local Governments or Special Districts: DLCD, Metro, ODOT and the City of Tigard. Local Contact: Brad Kilby, Associate Planner Area Code + Phone Number: 503-639-4171 Address: 13125 SW Hall Boulevard City: Tigard, OR Zip Code + 4: 97223-8189 ADOPTION SUBMITTAL REQUIREMENTS This form must be mailed to DLCD within 5 working days after the final decision per ORS 197.610 and OAR Chapter 660-Division 18 1; Send this Form and Two (2) Copies of the Adopted Amendment to: ATTENTION: PLAN AMENDMENT SPECIALIST DEPARTMENT OF LAND CONSERVATION AND DEVELOPMENT 635 CAPITAL STREET NE, SUITE 150 SALEM, OREGON 97301-2540 COPY TO: Metro Land Use & Planning ODOT—Region 1, District 2-A 600 NE Grand Avenue Jane Estes, Permit Specialist Portland, OR 97232-2736 5440 SW Westgate Drive, Suite 3 Portland, OR 97221-2414 2. Submit Two (2) copies of adopted material, if copies are bounded please submit two (2) complete copies of documents and maps. 3. Please Note: Adopted materials must be sent to DLCD not later than five (5) working days following the date of the final decision on the amendment. 4. Submittal of this Notice of Adoption must include the text of the amendment plus adopted findings and supplementary information. 5. The deadline to appeal will be extended if you do not submit this Notice of Adoption within five working days of the final decision. Appeals to LUBA may be filed within TWENTY-ONE (21) days of the date, the "Notice of Adoption" is sent to DLCD. 6. In addition to sending the "Notice of Adoption" to DLCD, you must notify persons who participated in the local hearing and requested notice of the final decision. 7. Need More Copies? You can copy this form to 8-1/2x11 green paper only, ; or call the DLCD Office at (503) 373-0050; or Fax your request to: (503) 378-5518; or Email your request to Larry.Frenchta'�state.or.us—ATTENTION: PLAN AMENDMENT SPECIALIST. • .. • CITY OF TIGARD,OREGON ORDINANCE NO. 04- 03 AN ORDINANCE AMENDING THE LANGUAGE OF THE TIGARD COMMUNITY DEVELOPMENT CODE CHAPTER 18.230 SECTION 030(D) TO MAKE THE DEFINITION OF "RESPONSIBLE PARTY" CONSISTENT WITH THE TIGARD MUNICIPAL CODE, AND CHAPTER 18.780 TO CLARIFY LANGUAGE THAT SERVES TO PROHIBIT `BILLBOARDS" WITHIN THE TIGARD CITY LIMITS AND TO DECLARE AN EMERGENCY. WHEREAS, the City of Tigard has requested a Zone Ordinance Amendment to amend the language of the Tigard Community Development Code Chapter 18.230, Section 030(D) to make the definition of "responsible party" consistent with the Tigard Municipal Code, and Chapter 18.780 to clarify language that serves to prohibit"billboards"within the Tigard City limits; and WHEREAS, the City of Tigard Planning Commission held a public hearing on January 5, 2004 and unanimously recommended approval of the proposed amendment by motion; and WHEREAS, the City Council held a public hearing on the request on January 27, 2004 and indicated they were supportive of the proposed zone change and directed staff to prepare langauge and an Ordinance for Council review and approval; and WHEREAS, the City Council determined that signs that exceed the minimum dimensional requirements of "Free-way oriented freestanding" signs create visual clutter that is potentially harmful to traffic and pedestrian safety, property values, business opportunities and the community's appearance. The City Council determines that it is appropriate that the City Council make a finding and declaration that this Ordinance is necessary for the protection and preservation of public health, public safety, public property, and public peace and welfare, and that this Ordinance should be in full force and effect immediately on its adoption;and WHEREAS, the City Council has considered the applicable Statewide Planning Goals and Guidelines . adopted under Oregon Revised Statutes Chapter 197; any federal or state statutes or regulations found applicable; any applicable Metro regulations; any applicable Comprehensive Plan Policies; and any applicable provisions of the City's implementing ordinances; and WHEREAS, the City Council has found the following to be the only applicable review criteria: Community Development Code Chapters 18.380 and 18.390; Comprehensive Plan Policies 11.1 and 2.1.1; and Statewide Planning Goals 1 and 2; and WHEREAS, the City Council has determined that the proposed zone ordinance amendment is consistent with the applicable review criteria and that approving the request would be in the best interest of the City of Tigard. NOW,THEREFORE,THE CITY OF TIGARD ORDAINS AS FOLLOWS: 04— ORDINANCE No. O 0 3 Page 1 • • • SECTION 1: The specific text amefidements attached as"EXHIBIT A-1" to this Ordinance are hereby adopted and approved by the City Council. ---SECTION 2: An emergency is declared to protect the health, safety, and welfare of the Citizens of Tigard. This ordinance shall be effective immediately after its passage by the Council, signature by the Mayor, and posting by the City Recorder. PASSED: By Ui an'trr c,ud,S vote of all Co cil members present after being read by number and title only,this a7 ' day of 2004. Ca7U4R/Lih.f Catherine Wheatley,City Recorder U � h' r it APPROVED: By Tigard City Council this )7 day of 2004. CraiieDirksen,Mayor Approved as to form: q / POF Attorney / 7- 7 70 I Date • ORDINANCE No.tt-2,_03 Page 2 • • "EXHIBIT A-1 " ... PROPOSED CHANGES ADDITIONS: Indicated by 9 NaER 3t.e DELETIONS: Indicated by (Additionally,a bar in the far right margin also indicates where a change has been made. Example:— ) • •. • L. Chapter 18.230 • ENFORCEMENT Sections: 18.230.010 Provisions of this Title Declared to be Minimum Requirements 18.230.020 Violation of Title Prohibited 18.230.030 Penalty 18:230.040 Complaints Regarding Violations 18.230.050 Inspection and Right of Entry 18.230.060 Abatement of Violations 18.230.070 Stop-Order Hearing 18.230.010 Provisions of this Title Declared to be Minimum Requirements A. Minimum requirements intended. In their interpretation and application, the provisions of this title shall be held to be minimum requirements, adopted for the protection of the public health, safety,and general welfare. B. Most restrictive requirements apply. When the requirements of this title vary from other provisions of this title or with other applicable standards, the most restrictive or that imposing the highest standard shall govern. 18.230.020 Violation of Title Prohibited A. Violation of title prohibited. No person shall.erect, construct, alter, maintain or use any building or structure or shall use,divide or transfer any land in violation of this title or any amendment thereto. 18.230.030 Penalty A. Class I penalty. A violation of this title shall constitute a Class I civil infraction which shall be processed according to the procedures established in Chapter 1.16 of this code, Civil Infractions. B. Each violation a separate infraction. Each violation of a separate provision of this title shall constitute a separate infraction, and each day that a violation of this title is committed or permitted to continue shall constitute a separate infraction. C. Abatement of violation required. A finding of a violation of this title shall not relieve the responsible party of the duty to abate the violation. The penalties imposed by this section are in addition to and not in lieu of any remedies available to the City. D. ' .. -: . . : : . . - . - - • .-: . . : • --- . . ; -:: . - -, .- - -••t •• •' . . •: . : .• •:' • ..;; . ; • : .• •-: . . . . . :•.. : - • ;. , .. .. ;;••. a t i—section:"Responsible party" means the person responsible for curing or remedying a violation, which includes: 1. The owner of the property, or the owner's manager or agent or other person in control of the property on behalf of the owner; 2. The person occup in the .ro.e including bailee lessee tenant or other .erson havin_ possession; Enforcement 18.230-1 11126/98 • • 3. The person who is alleged to have committed the acts or omissions, created or allowed the condition to exist, or placed the object or allowed the object to exist on the property. 18.230.040 Complaints Regarding Violations A. Filing written complaint. Whenever a violation of this title occurs, or is alleged to have occurred, any person may file a signed, written complaint. B. File complaint with Director. Such complaints, stating fully the causes and basis thereof, shall be filed with the Director. The Director shall properly record such complaints, investigate and take action thereon as provided by this title. 18.230.050 Inspection and Right of Entry A. Right of entry. Whenever the Director has reasonable cause to suspect a violation of any provision of this chapter exists or when necessary to investigate an application for or revocation of any approval under any of the procedures described in this title, the Director may enter on any site or into any structure for the purpose of investigation, provided that no premises shall be entered without first attempting to obtain the consent of the owner or person in control of the premises if other than the owner. B. Search warrant. If consent cannot be obtained, the Director shall secure a search warrant from the City's municipal court before further attempts to gain entry, and shall have recourse to every other remedy provided by law to secure entry. • 18.230.060 Abatement of Violations A. Abatement of violations. Any development or use which occurs contrary to the provisions of this title or contrary to any permit or approval issued or granted under this title is unlawful, and may be abated by appropriate proceedings. 18.230.070 Stop-Order Hearing • A. Stop order issued. Whenever any work is being done in violation of the provisions of the Code or a condition of any permit or other approval granted pursuant hereto, the Director may order the work stopped by notice in writing served on persons engaged in doing such work or causing such work to be done_ All work under the permit or approval shall cease until it is authorized to continue. B. Stop-order hearing. The Director shall schedule a hearing if requested on the stop order for the soonest practicable date, but not more than seven (7) days after the effectiveness of any required notice. At the discretion of the Director,such hearing may be: 1. Part of a hearing on revocation of the underlying permit or approval pursuant to Section 18.390.050; or 2. Solely to determine whether a violation has occurred. The Hearings Officer shall hold this hearing and shall make written findings as to the violation within seven (7) days_ Upon a finding of no violation, the Hearings Officer shall require the issuance of a resume work order_ Upon finding a violation, the stop-order shall continue to be effective until the violating party furnishes Enforcement 18.230-2 11/26/98 • • • • Chapter 18.780 SIGNS • Sections: 18.780.010 Purpose 18.780.012 Effective Date of this Chapter 18.780.015 Definitions 18.780.020 Permits Required 18.780.030 Permit Approval Process 18.780.040 Expiration of Approval: Standards for Extension of Time 18.780.050 Inspections 18.780.060 Permit Exemptions 18.780.070 Certain Signs Prohibited 18.780.080 Sign Illumination 18.780.085 Sign Measurement 18.780.090 'Special Condition Signs =- 18.780.100 Temporary Signs 18.780.110 Nonconforming Signs 18.780.120 Sign Removal Provisions: Nonconforming and Abandoned Signs 18.780.130 Zoning District Regulations 18.780.140 Sign Code Adjustments 18.780.010 Purpose A. General purposes. The purposes of this chapter are: 1. To protect the health,safety, property and welfare of the public; 2. To promote the neat,clean,orderly and attractive appearance of the community; 3. To accommodate the need of sign users while avoiding nuisances to nearby properties; 4. To insure for safe construction, location,erection and maintenance of signs;. 5. To prevent proliferation of signs and sign clutter;and 6. To minimize distractions for motorists on public highways and streets. 7. To regulate solely on the basis of time,place and manner of a sign, not on its content. B. Sign quality. In addition, it is the purpose of this chapter to regulate the design, quality of materials, construction, location, electrification, illumination and maintenance of all signs visible from public property or from public rights-of-way. C. Compliance with other laws and regulations. It is not the purpose of this chapter to permit the erection or maintenance of any sign at any place or in any manner unlawful under any other ordinance,or state or federal law. • • • i '" . • • e . • Signs 18.780-1 SE Update: 03/02 • • Signs 18.780-2 SE Update: 03/02 • • • • • 18.780.012 Effective Date of this Chapter A. Effective date. All references made in this chapter to the effective date of this chapter shall mean November 9, 1983, unless otherwise specifically stated in an ordinance revision. 18.780.015 Definitions A. Definitions. As used in this title, unless the context requires otherwise, the following words and phrases shall have the meanings set forth in this chapter. The definitions to be used in this chapter are in addition to Chapter 18.110,Definitions,and are as follows: 1. " `A'board sign"means any double face temporary rigid sign; 2. "Abandoned sign"means a structure not containing a sign for 90 continuous days or a sign not in use for 90 continuous days; 3. "Area"-sce Section 18.780.085 for definition of sign area; - 4. "Awning sign"means a wall sign incorporated into or attached to an awning; 5. "Balloon"-see"Temporary sign"; 6. "Banner"- see "Temporary sign"; 7. "Bench sign"means a bench designed to seat people which carries a written ors graphic message; 8. "Billboard"means a ••_- . . .. . ; ... . . . •; a freestanding sign in excess of. the maximum size allowed, with adjustments, in the locations where it is located or proposed to be located. 9- —•10.-"Building official" means officer or designee of the City empowered to enforce the Uniform Building Code; 10. 11.-"Business" means all of the activities carried on by the same legal entity on the same premises and includes charitable, fraternal, religious, educational or social organizations. "Legal entity" includes, but is not limited to, individual proprietorships, partnerships, corporations, nonprofit corporations, associations or joint stock companies; 11. -1-2.-"Construct" means every type of display in the form of letters, figures, characters and/or representations; 12. 13. "Cutout" means every type of display in the form of letters, figures, characters and/or representations in cutout or irregular form attached to or superimposed upon a sign; 13. -14-"Development review" means the site development review process set forth in Chapters 18.360; Signs 18.780-3 SE Update: 03/02 • • 14. -l—&_"Directional sign" means a permanent sign which is designed and erected solely for the purpose of traffic or pedestrian direction and placed on the property to which the public is directed; 15. -1-6=-"Display surface" means the area made available by the sign structure for the purpose of displaying the advertising or identification message; 16. 17. "Electrical sign"means any sign utilizing electrical wiring; 17. -1-87--"Electronic information sign" means signs, displays, devices or portions thereof with lighted messages that change at intermittent intervals, each lasting more than two seconds,by electronic process or remote control. Electronic information signs are not identified as rotating,revolving or moving signs. Also known as an automatic changeable copy sign or electronic variable message center; 18. -1-9-"Face of a building" means all windows and wall areas of a building in one or more parallel planes; 19. 20--"Flashing sign"means any sign which is illuminated by an intermittent or sequential flashing light source whose interval is two seconds or less in duration, or which is in any other way animated so as to create the illusion of movement without actual physical movement or the illusion of a flashing or intermittent light or light source; 20. 2-1—"Flush pitched roof sign" means a sign attached to a mansard or similar type of vertically aligned roof; 21. 22. "Freestanding sign" means a sign erected and mounted.on a freestanding frame, mast or pole and not attached to any building; 22. 23. "Freeway interchange" means any intersection of an exit off-ramp of Interstate Highway 5 or State Highway 217 with a surface street; • 23. 24—"Freeway-oriented sign" means a sign primarily designed to be read by a motorist traveling .• on a highway designated by the Oregon State Highway Department as a freeway or expressway; specifically, these shall be Interstate 5 and Oregon State Highway #217, and shall not include Highway 99W; 24. 25. "Frontage"means the length of the property line of any one premises along a public roadway; 25. 26. "Housing complex" means a grouping of one or more single-family attached residential units or one or more multi-family residential units; 26. 27. "Immediate or serious danger" means: a. Whenever any portion of the structure is damaged by fire, earthquake, wind, flood or other causes,and any member or appurtenance is likely to fail, become detached or dislodged,or to collapse and thereby injure persons or damage property; b. Whenever any portion of the structure is not of sufficient strength or stability or is not so anchored, attached or fastened in place as to be capable of resisting a wind pressure of one- half of that specified in the Uniform Building Code for this type structure or similar structure, • • Signs 18.780-4 SE Update: 03/02 • • and will not exceed the working stresses permitted in the Uniform Building Code for such structures; and 9 c. Whenever the location of the sign structure obstructs the view of motorists traveling on the public streets or private property, and thus causes damage to property or thereby injures persons. 27. 28--"Industrial Park" means a parcel of land which complies with the requirements set forth in I Chapter 18.530; 28. 29. "Lawn sign"-see"Temporary sign"; I 29. 30. "Lighting methods"means: I a. Direct-exposed lighting or neon tubes on the sign face; b. Flashing- lights which blink on and off randomly or in sequence; . c. Indirect or External the light source is separate from the sign face or cabinet and is directed so as to shine on the sign; and d. Internal-the light source is concealed within the sign. 30. 3-1T--"Maintenance" means normal care needed to keep a sign functional such as cleaning, oiling, I \. changing and repair of light bulbs and sign faces. Does not include structural alteration; 31. 32—"Nonconforming sign" means a sign or sign structure lawfully erected and. properly I maintained that would not be allowed under the sign regulations presently applicable to the site; 32. 33-"Non-structural trim" means the moldings, battens, caps, nailing strips and latticing, letters I and walkways which are attached to a sign st icture; 33. 34-"Painted wall decorations" means displays painted directly on a wall, designed and intended I as a decorative or ornamental feature. Decorations may also include lighting; 34. 33—"Painted wall highlights" means painted areas which highlight a building's architectural or I structural features; 35. 36—"Painted wall sign" means a sign applied to a building wall with.paint and which has no sign I structure; 36. 37-"Person" means individuals, corporations, associations, firms, partnerships and joint stock I companies; - 37.38—"Premises" means one or more lots on which are constructed or on which are to be I constructed a building or a group of buildings designed as a unit; 38.39-"Projecting sign" means a sign attached to a building other than a wall sign in which the sign I face is not parallel to the wall. Such sign shall not project above the wall of the building to which it is attached,except where there is an existing parapet; Signs 18.780-5 SE Update: 03/02 • • 39. 40-"Projection"means the distance by which a projecting sign extends from a building; . " .. . .. 40. 427.-"Reader-board sign" means any sign with changeable copy or a message, except electronic information signs; 41. 43—"Roof line" means the top edge of a roof or building parapet, whichever is higher, excluding any cupolas,chimneys or other minor projections; 42. 44—"Roof sign" means a sign erected fully upon or directly above a roof line or parapet of a building or structure. Exceptions: include approved temporary balloons, signs attached to • existing architectural features and flush mounted"roof'signs; 43. 4-"Rotating, revolving or moving sign" means any sign, or portion of a sign, which moves in any manner; 44. 46. "Shopping center"means developments of not less than eight business units; 45. 47. "Shopping plaza"means developments of between two and seven business units; 46. 48—"Sign" means materials placed or constructed primarily to convey a message or other display and which can be viewed from a right-of-way,another property or from the air; 47. 49—"Sign structure" means any structure which supports or is capable of supporting any sign as described in the Uniform Building Code. A sign structure may be a single pole and may or may not bean integral part of a building; 48. 30—"Structural alteration" means modification of the size, shape or height of a sign structure. • Also includes replacement of sign structure materials with other than.comparable materials, for example metal parts replacing wood parts; 49. 3-1--"Surface street"means a street which does not have limited access and.-which is not a freeway or expressway; • 50. 52. "Temporary sign" means any sign, "A" board frame, banner, lawn sign or balloon which is not permanently erected or permanently affixed to any sign structure, sign tower, the ground or a building: a. Balloon - an inflatable, stationary temporary sign anchored by some means to a structure or the ground. Includes simple children's balloons, hot and cold air balloons, blimps and other dirigibles; b. Banner-a sign made of fabric or other nonrigid material with no enclosing framework; c. Lawn Sign - a freestanding sign in residential zones which is exempt from sign permit requirements provided the size requirements in Subsection 18.780.060 B2.can be met. 51.;53. "Tenant Sign"means a sign placed in control of a current tenant or property owner; Signs 18.780-6 SE Update: 03/02 • • tl • 52. 3-"Uniform Building Code"'means the most recent structural and specialty Oregon Uniform I Building Code as adopted by the Oregon Department of Commerce, and which Uniform Building 1 Code, by this reference, is incorporated in this title to the extent of specific citations thereof in this title; 53. 55. "Wall Sign" means any sign attached to, painted on, or erected against the wall of a building or structure with the exposed face of the sign in a plane parallel to the plane of the wall. _ B. General rule. For the purpose of this chapter, words used in the present tense include the future, the singular number includes the plural, "shall" is mandatory and not Directory, and "building" includes "structures"except"sign structures." 18.780.020 Permits Required A. Compliance with regulations. No sign or sign structure shall hereafter be erected, re-erected, constructed,structurally altered or relocated within the City limits except as provided by this title,and a permit for the same sign or sign structure has been issued by the Director. B. Separate permits for each sign. A separate permit shall be required for each sign or signs for each business entity and a separate permit shall be required for each group of signs on a single supporting structure. C. Compliance with UBC. Separate structural permits under the Uniform Building Code shall also apply. D. Electrical permit required. An electrical permit shall be obtained for all illuminated signs, from the enforcing agency subject to the provisions of the State Electrical Code. E. Retroactive sign permits. The Director may require application for sign permits for all signage at a given address if no existing permits previously had been approved or documented. 18.780.030 Permit Approval Process • A. Permits for existing signs. Permits for modification of existing signs, or to legalize signs for which a permit was not obtained when it was constructed, will be processed,by means of a Type I procedure, as governed by Section 18.390.030,using the requirements of this chapter as approval criteria. B. Permits for new signs. Permits for new signs will be processed by means of a Type I procedure, as governed by Section 18.390.030, using the requirements of this chapter as approval criteria. C. Site plan. The applicant shall submit a proposed sign site plan. The Director shall provide the applicant with detailed information about this submission requirement. 18.780.040 Expiration of Approval: Standards for Extension of Time A. Expiration of approval. Sign permit approval shall be effective for a period of 90 days from the date of approval. B. Reasons for lapsing. The sign permit approval shall lapse if: 1. Substantial construction of the approved plan has not begun within the 90 day period;or Signs 18.780-7 SE Update: 03/02 -- -- --- --- - • • • 1. The sign shall be erected on private property with the consent of the lawful possessor of the property and shall not be placed on utility poles or in the public right-of-way; and 2. At least one sign shall be permitted per parcel of land; additional signs on such parcel shall be spaced at least 50 feet apart in residential zoning districts and 30 feet apart in nonresidential zoning districts. C._ Exceptions. The sign permit provisions of this section shall not apply to repair, maintenance or change of copy on the same sign (including, but not limited to the changing of a message on a sign specifically designed and permitted for the use of changeable copy), or unlawfully erected or maintained signs. 18.780.070 Certain Signs Prohibited A. Prohibited display of flags and banners. It is a violation of this chapter to erect or maintain strings of pennants, banners or streamers, festoons of lights, clusters of flags, strings of twirlers or propellers, flashing or blinking lights, flares, balloons and similar devices of carnival character. Exceptions include: 1. National, state and institutional flags properly displayed; 2. Signs and banners approved as temporary signs; and 3. Balloons as allowed in Subsection 18.780.090C. B. Unsafe signs or improperly maintained signs. No sign shall be constructed, erected or maintained - unless the sign and sign structure is so constructed, erected and,maintained as to be able to withstand the wind,seismic and other requirements as specified in the Uniform Building Code or this title. C. Signs at intersections. No sign shall be erected at intersections of any streets in such a manner as to materially obstruct free and clear vision. All signs shall be consistent with Chapter 18.795 of this title: 1. No sign shall be erected at any location where, by reason of the position, shape or color, that interferes with, obstructs the view of, or could be confused with any authorized traffic signal or device;and 2. No sign shall be erected which makes use of the word "stop," "look," "danger," or any other similar word, phrase, symbol, or character in such manner as is reasonably likely to interfere with,mislead or confuse motorists. D. Obscenity. No sign shall bear or contain statements, words or pictures in which the dominant theme of the material, taken as a whole, appeals to the prurient interest in sex or is pafently offensive because it affronts the contemporary community standard relating to the description or representation of sexual material which is utterly without redeeming social value. EE.Traffic obstructing signs. No sign or sign structure shall be constructed in such a manner or at such a location that it will obstruct access to any fire escape or other means of ingress or egress from a building or any exit corridor, exit hallway or exit doorway. No sign or supporting structure shall cover, wholly or partially, any window or doorway in any manner that it will substantially limit access to the building in case of fire. Signs 18.780-10 SE Update_ 03/02 • • C. Balloons. 1. One inflatable, stationary balloon or one cluster of children's balloons firmly secured shall be allowed only if all of the following conditions are satisfied: a. A City of Tigard sign permit is obtained for each single or cluster of balloons; b. Each owner or legal occupant of property or a building shall be allowed one balloon per year; c. A balloon sign shall be allowed to remain up for a period of no longer than 10 days per year d. A permit issued for a balloon will serve as one of the three sign permits allowed per business in a calendar year; e. Balloons may be permitted as roof signs with a City sign permit; f. The size of a balloon shall not exceed 25 feet in height; and g. The balloon shall be secured to a structure on the ground and shall not be allowed to float in the air higher than 25 feet above the nearest building roof line. D. Electronic message centers. 1. Electronic Message Center(variable message)sign regulations shall be as follows: a. Electronic message center signs shall be permitted only in the C-G and CBD zones; -r b. The maximum height and area of an electronic message center sign shall be that which is stipulated in Subsection 18.780.130C; c. An electronic message center shall be allowed to substitute for one freestanding sign or one wall sign; d. One electronic message center sign,either freestanding or wall-mounted,shall be allowed per premises; e. With regard to light patterns: (1) Traveling light patterns("chaser effect")shall be prohibited; (2) Messages and animation shall be displayed at intervals of greater than two seconds in duration. E. Free-standing freeway-oriented signs. 6.1. .. : . . . ' -• . - .. . a :: - - - . . • . • . -• e• - . -- .. . . . . •-- : • . :: : • . - - - . . :; For signs requiring a permit under the Oregon Motorist Information Act, the City will determine pursuant to a Type 1 process whether the sign meets all applicable City standards and provide that determination to any applicant for a state permit consistent with ORS 377.723. Signs . 18.780-14 SE Update: 03/02 • • 2. Freeway-oriented signs shall be permitted only in the C-G,I-P,I-L and I-H zoning districts; 3. Freeway-oriented signs shall be permitted to be located within 200 feet of Highway 217 and/or Interstate Freeway No. 5 rights-of-way as shown in the Freeway-Oriented Sign (FOS) overlay zone maps in Figure l; (Figure 1 is on file in the City Recorder's office.) • 4. One freestanding freeway-oriented sign shall be allowed per premises; 5. The maximum height of a freeway-oriented sign shall not exceed 35 feet from the ground level at its base; 6. For freestanding signs a total maximum sign area of 160 square feet per face (320 square feet total) shall be allowed. •- ... a, •• - • • . - - shall-apply; 7. Freeway-oriented signs shall be oriented to be viewed from the freeway; 8. In addition to a freeway-oriented sign, each parcel, development complex or premises shall be allowed one freestanding sign provided all other provisions of this chapter can be met and both signs are located on separate frontages with different orientations; 9. Freeway-oriented signs are not permitted as roof, tenant, temporary, balloon, wall and awning signs; F. Awning signs. 1. Awning signs shall be permitted in all zoning districts; 2. The copy on awning signs may not extend above the upper surfaces of the awning structure. They may be hung below the awning if the sign clears the sidewalk by at least 8-1/2 feet; 3. Awning signs may be internally or externally illuminated; and 4. Awning signs may extend into the public right-of-way 6-1/2 feet or 2/3 of the distance to the roadway, whichever is less. However,no sign may extend within two feet of the roadway. State Highway Division approval shall be necessary for awning signs on state highways. G. Flush pitched"roof"sign. 1. Flush pitched roof signs shall be allowed in all zoning districts except residential; 2. The face of flush pitched roof signs may not extend more than six inches above the roof line; 3. Flush pitched roof signs shall be parallel to the building face. They may not extend beyond the building wall. Such surfaces shall be considered part of a wall surface in the calculation of total wall area; Signs ' 18.780-15 SE Update: 03/02 • .• • A. Applicability. For the purposes of this chapter,non-conforming signs will be defined as follows: A 1. Except as provided in this chapter, signs in existence on March 20, 1978, in accordance with Ordinance Nos. 77-89 and 78-16, which do not conform to the provisions of this chapter, but which were constructed, erected or maintained in compliance with all previous regulations, shall be regarded as nonconforming signs which may be continued until March 20, 1988; 2. Signs in existence on January 11, 1971, which do not conform to the provisions of this chapter, but which were constructed, erected or maintained in compliance with all previous regulations, were regarded as nonconforming signs and could be continued for a period of 10 years from January 11, 1971. All such signs which were not brought into compliance with the standards in Ordinance Nos. 77-89 and 78-16 and the extensions granted,are now in violation of this chapter; 3. Signs located on premises annexed into the City after January 11, 1971, which do not comply with the provisions of this chapter, shall be brought into compliance with this chapter within a period of ten years after the effective date of the annexation; 4. Any sign which is structurally altered, relocated or replaced shall immediately be brought into compliance with all of the provisions of this chapter,except the repairing and restoration of a sign on site or away from the site to a safe condition. Any part of a sign or sign structure for normal maintenance shall be permitted without loss of nonconforming status. B. Restrictions. For purposes of this title, a sign face or message change shall be subject to the following provisions: 1. A sign face or message change on a nonconforming sign is not allowed as an alteration when the affected property and sign structure have been abandoned for greater than 90 days; 2. A sign face or message change shall be allowed as an alteration only for existing conforming signs and for nonconforming signs prior to their amortization expiration date; and 3. No sign permit shall be required for allowable sign face or message changes. C. Reconstruction. Should a nonconforming sign or sign structure or nonconforming portion of structure be destroyed or repaired by any means to an extent of more than 50%of its replacement cost, it shall not be reconstructed except in conformity with the provisions of this title. D. Requirements for conformance. 1. Signs in existence on the effective date of this chapter which do not comply with provisions regulating flashing signs; use of par spotlights or rotating beacons; rotating and revolving signs; flags, banners, streamers, or strings of lights, or temporary or incidental signs; shall be made to conform within 90 days from the effective date of this chapter; -- . . - . '.11 I • . -•• • . . • --. - . . S I . . .r . . IS • . • - _ 18.780.120 Sign Removal Provisions: Nonconforming and Abandoned Signs Signs 18.780-17 SE Update: 03/02 • ko • 120 DAYS = N/A CITY OF TIGARD Community Development Shaping Better Community CITY OF TIGARD Washington County, Oregon NOTICE OF FINAL ORDER BY THE TIGARD CITY COUNCIL Case Number: ZONE ORDINANCE AMENDMENT(ZOA) 2003-00003 Case Name: •BILLBOARDS & FREESTANDING FREEWAY ORIENTED SIGNS CODE AMENDMENT Names of Owners: N/A Name of Applicant: City of Tigard Address of Applicant: 13125 SW Hall Boulevard Tigard, Oregon 97223 Address of Property: Citywide Tax Map/Lot Nos.: N/A A FINAL ORDER INCORPORATING THE FACTS, FINDINGS AND CONCLUSIONS APPROVING A REQUEST FOR A ZONE ORDINANCE AMENDMENT(ORDINANCE NO.04-03). THE CITY OF TIGARD PLANNING COMMISSION AND CITY COUNCIL HAVE REVIEWED THE APPLICANT'S PLANS, NARRATIVE, MATERIALS, COMMENTS OF REVIEWING AGENCIES, THE PLANNING DIVISION'S STAFF REPORT AND RECOMMENDATIONS FOR THE APPLICATION DESCRIBED IN FURTHER DETAIL IN THE STAFF REPORT. THE PLANNING COMMISSION HELD A PUBLIC HEARING TO RECEIVE TESTIMONY ON JANUARY 5 2004 FOR THE PURPOSE OF MAKING A RECOMMENDATION TO THE CITY COUNCIL ON THE REQUEST. THE CITY COUNCIL ALSO HELD A PUBLIC HEARING TO RECEIVE TESTIMONY ON JANUARY 27 2004 PRIOR TO MAKING A DECISION ON THE REQUEST. THIS DECISION HAS BEEN BASED ON THE FACTS, FINDINGS AND CONCLUSIONS CONTAINED WITHIN THIS FINAL ORDER. Subject: D A Zone Ordinance Amendment to amend the Tigard Sign Code Chapter 18.780 to clarify language regarding'"Billboards" and "Freestanding Freeway Oriented Signs," and to amend the language of Section 18.230.030 to make the definition of "Responsible Party" consistent with Tigard Municipal Code Section 18.740.020(A)(1-3). • ZONE: Citywide. APPLICABLE REVIEW CRITERIA: Statewide Planning Goals 1 and 2; Comprehensive Plan Policies 1 and 2; and Community Development Code Chapters 18.230, 18.380, 18.390 and 18.780. Action: D ® Approval as Requested ❑ Approval with Conditions ❑ Denial Notice: Notice was published in the newspaper, posted at City Hall, and mailed to: ® Affected Government Agencies ® The Affected Citizen Involvement Team Final Decision: ...<.....,...-, <,..<.._•r.....,rra<..,_..,,-1<.., ,. a.•_,r>.x5:.c_.......>,.,,.. <<_ ,.�,5<t .a..:...:.3"ineYx.s. _,:-.. .. < i n r Z<.<.,>...x.x.<r.y...<.:....;.>�r�..v�s.......i.i _.ash,:.�...xH.��.. .>.F< ,..:.<xm..,�<.: :. '"<,kr'sTHIS'IS THE FINAL�DECISION BY THE�CITYTANDIBECOMES>E;FFECTIVE::ON JANUARY 27,'2004 ' x . ,n , The adopted findings of fact, decision and statement of conditions can be obtained from the City of Tigard Planning Division, Tigard City Hall, 13125 SW Hall Boulevard, Tigard, Oregon. Appeal: A review of this decision may be obtained by filing a notice of intent with the Oregon Land Use Board of Appeals (LUBA) according to their procedures. Questions: If you have any questions, please call the City of Tigard Planning Division or the City Recorder at (503) 639-4171. • - • CITY OF TIGARD,OREGON ORDINANCE NO. 04- v3 AN ORDINANCE AMENDING THE LANGUAGE OF THE TIGARD COMMUNITY DEVELOPMENT CODE CHAPTER 18.230 SECTION 030(D) TO MAKE THE DEFINITION OF "RESPONSIBLE PARTY" CONSISTENT WITH THE TIGARD MUNICIPAL CODE, AND CHAPTER 18.780 TO CLARIFY LANGUAGE THAT SERVES TO PROHIBIT "BILLBOARDS" WITHIN THE TIGARD CITY LIMITS AND TO DECLARE AN EMERGENCY. WHEREAS, the City of Tigard has requested a Zone Ordinance Amendment to amend.the language of the Tigard Community Development Code Chapter 18.230, Section 030(D) to make the definition of "responsible party" consistent with the Tigard Municipal Code, and Chapter 18.780 to clarify language that serves to prohibit"billboards" within the Tigard City limits;and WHEREAS, the City of Tigard Planning Commission held a public hearing on January 5, 20.04 and unanimously recommended approval of the proposed amendment by motion; and WHEREAS, the City Council held a public hearing on the request on January 27, 2004 and indicated they were supportive of the proposed zone change and directed staff to prepare langauge and an Ordinance for Council review and approval; and WHEREAS, the City Council determined that signs that exceed the minimum dimensional requirements of "Free-way oriented freestanding" signs create visual clutter that is potentially harmful to traffic and pedestrian safety, property values, business opportunities and the community's appearance. The City Council determines that it is appropriate that the City Council make a finding and declaration that this Ordinance is necessary for the protection and preservation of public health, public safety, public property, and public peace and welfare, and that this Ordinance should be in full force and effect immediately on its adoption;and WHEREAS, the City Council has considered the applicable Statewide Planning Goals and Guidelines adopted under Oregon Revised Statutes Chapter 197; any federal or state statutes or regulations found applicable; any applicable Metro regulations; any applicable Comprehensive Plan Policies; and any applicable provisions of the City's implementing ordinances; and WHEREAS, the City Council has found the following to be the only applicable review criteria: Community Development Code Chapters 18.380 and 18.390; Comprehensive Plan Policies 1.1.1 and 2.1.1; and Statewide Planning Goals 1 and 2; and WHEREAS, the City Council has determined that the proposed zone ordinance amendment is consistent with the applicable review criteria and that approving the request would be in the best interest of the City of Tigard. NOW,THEREFORE,THE CITY OF TIGARD ORDAINS AS FOLLOWS: • 04— ORDINANCE No. 6 0 3 Page 1 • • SECTION 1: The specific text amEndements attached as "EXHIBIT A-1" to this Ordinance are hereby adopted and approved by the City Council. • - SECTION 2: An emergency is declared to protect the health, safety, and welfare of the Citizens of Tigard. This ordinance shall be effective immediately after its passage by the Council, signature by the Mayor, and posting by the City Recorder. PASSED: By Uf1Qn'tYyNDuS vote of all Co cil members present after being read by number and'title only,this Q-14-4" day of 2004. 007(44RJLihi k■(, Catherine Wheatley,City Recorder U , tY r > APPROVED: By Tigard City Council this p/7 day of A -.1A _ ,2004. Crai Dirksen,Mayor Approved as to form: /AL..:di/l . '' Attorney 2- 7 70 I l Date • • ORDINANCE No.-62.03 Page 2 • • "EXHIBIT A-1 " PROPOSED CHANGES ADDITIONS: Indicated by ' DER fL N DELETIONS: Indicated by (Additionally,a bar in the far right margin also indicates where a change has been made. Example:-- ) . • • Chapter 18.230 ENFORCEMENT Sections: 18.230.010 Provisions of this Title Declared to be Minimum Requirements 18.230.020 Violation of Title Prohibited 18.230.030 Penalty 18:230.040 Complaints Regarding Violations 18.230.050 Inspection and Right of Entry 18.230.060 Abatement of Violations • 18.230.070 Stop-Order Hearing 18.230.010 Provisions of this Title Declared to be Minimum Requirements A. Minimum requirements intended. In their interpretation and application, the provisions of this title shall be held to be minimum requirements, adopted for the protection of the public health, safety,.and general welfare. B. Most restrictive requirements apply. When the requirements of this title vary from other provisions of this title or with other applicable standards, the most restrictive or that imposing the highest standard shall govern. 18.230.020 Violation of Title Prohibited A. Violation of title prohibited. No person shall erect, construct, alter, maintain or use any building or structure or shall use, divide or transfer any land in violation of this title or any amendment thereto. 18.230.030 Penalty A. Class 1 penalty. A violation of this title shall constitute a Class 1 civil infraction which shall be processed according to the procedures established in Chapter 1.16 of this code,Civil Infractions. B. Each violation a separate infraction. Each violation of a separate provision of this title shall constitute a separate infraction, and each day that a violation of this title is committed or permitted to continue shall constitute a separate infraction. C. Abatement of violation required. A finding of a violation of this title shall not relieve the responsible . party of the duty to abate the violation. The penalties imposed by this section are in addition to and not in lieu of any remedies available to the City. D. ∎;1.1 1 i . . i • ••..;• i • • . • • ; • . ; _:i . i ." i .. motion."Responsible party" means the person responsible for curing or remedying a violation, which includes: 1. The owner of the property, or the owner's manager or agent or other person in control of the property on behalf of the owner; 2. The person occupying the property, including bailee, lessee, tenant or other person having possession; Enforcement 18.230-1 11/26/98 • • • 3. The person who is alleged to have committed the acts or omissions, created or allowed the condition to exist, or placed the object or allowed the object to exist on the property. • 18.230.040 Complaints Regarding Violations A. Filing written complaint. Whenever a violation of this title occurs, or is alleged to have occurred, any person may file a signed, written complaint. B. File complaint with Director. Such complaints, stating fully the causes and basis thereof, shall be filed - • with the Director. The Director shall properly record such complaints, investigate and take action thereon as provided by this title. 18.230.050 Inspection and Right of Entry • A. Right of entry. Whenever the Director-has reasonable cause to suspect a violation of any provision of this chapter exists or when necessary to investigate an application for or revocation of any approval under any of the procedures described in this title, the Director may enter on any site or into any structure for the purpose of investigation, provided that no premises shall be entered without first attempting to obtain the consent of the owner or person in control of the premises if other than the owner. B. Search warrant. If consent cannot be obtained, the Director shall secure a search warrant from the City's municipal court before further attempts to gain entry, and shall have recourse to every other remedy provided by law to secure entry. 18.230.060 Abatement of Violations A. Abatement of violations. Any development or use which occurs contrary to the provisions of this title or contrary to any permit or approval issued or granted under this title is unlawful, and may be abated by appropriate proceedings. 18.230.070 Stop-Order Hearing A. Stop order issued. Whenever any work is being done in violation of the provisions of the Code or a condition of any permit or other approval granted pursuant hereto, the Director may order the work stopped by notice in writing served on persons engaged in doing such work or causing such work to be done. All work under the permit or approval shall cease until it is authorized to continue. B. Stop-order hearing. The Director shall schedule a hearing if requested on the stop order for the soonest practicable date, but not more than seven (7) days after the effectiveness of any required notice. At the discretion of the Director, such hearing may be: 1. Part of a hearing on revocation of the underlying permit or approval pursuant to Section 18.390.050; or 2. Solely to determine whether a violation has occurred. The Hearings Officer shall hold this hearing and shall make written findings as to the violation within seven(7) days. Upon a finding of no violation, the Hearings Officer shall require the issuance of a resume work order. Upon finding a violation, the stop-order shall continue to be effective until the violating party furnishes • Enforcement 18.230-2 11/26/98 • • Chapter 18.780 SIGNS Sections: 18.780.010 Purpose 18.780.012 Effective Date of this Chapter 18.780.015 Definitions 18.780.020 Permits Required 18.780.030 Permit Approval Process 18.780.040 Expiration of Approval: Standards for Extension of Time 18.780.050 Inspections 18.780.060 Permit Exemptions 18.780.070 Certain Signs Prohibited 18.780.080 Sign Illumination 18.780.085 Sign Measurement 18.780.090 Special Condition Signs 18.780.100 Temporary Signs 18.780.110 Nonconforming Signs 18.780.120 Sign Removal Provisions: Nonconforming and Abandoned Signs 18.780.130 Zoning District Regulations 18.780.140 Sign Code Adjustments 18.780.010 Purpose A. General purposes. The purposes of this chapter are: 1. To protect the health,safety,property and welfare of the public; 2. To promote the neat,clean,orderly and attractive appearance of the community; 3. To accommodate the need of sign users while avoiding nuisances to nearby properties; 4. To insure for safe construction, location,erection and maintenance of signs;. 5. To prevent proliferation of signs and sign clutter;and 6. To minimize distractions for motorists on public highways and streets. 7. To regulate solely on the basis of time,place and manner of a sign, not on its content. B. Sign quality. In addition, it is the purpose of this chapter to regulate the design, quality of materials, construction, location, electrification, illumination and maintenance of all signs visible from public property or from public rights-of-way. C. Compliance with other laws and regulations. It is not the purpose of this chapter to permit the erection or maintenance of any sign at any place or in any manner unlawful under any other ordinance,or state or federal law. - _ _ . • . Y_ _ . . . ... . - • . = 1 _ _ . Signs 18.780-1 SE Update: 03/02 • • Signs 18.780-2 SE Update: 03/02 • • • • • 18.780.012 Effective Date of this Chapter A. Effective date. All references made in this chapter to the effective date of this chapter shall mean November 9, 1983, unless otherwise specifically stated in an ordinance revision. 18.780.015 Definitions A._ Definitions. As used in this title, unless the context requires otherwise, the following words and phrases shall have the meanings set forth in this chapter. The definitions to be used in this chapter are in addition to Chapter 18.110,Definitions,and are as follows: 1. " `A' board sign"means any double face temporary rigid sign; 2. "Abandoned sign" means a structure not containing a sign for 90 continuous days or a sign not in use for 90 continuous days; 3. "Area" -see Section 18.780.085 for definition of sign area; 4. "Awning sign"means a wall sign incorporated into or attached to an awning; 5. "Balloon"-see"Temporary sign"; 6. "Banner"- see"Temporary sign"; 7. "Bench sign"means a bench designed to seat people which carries a written or graphic message; 8. "Billboard"means a •._• . ... . . • :. ::; . . . •; a freestanding sign in excess of the maximum size allowed, with adjustments, in the locations where it is located or proposed to be located. 9. --10.-"Building official" means officer or designee of the City empowered to enforce the Uniform Building Code; 10. 11-.-"Business" means all of the activities carried on by the same legal entity on the same premises and includes charitable, fraternal, religious, educational or social organizations. "Legal entity" includes, but is not limited to, individual proprietorships, partnerships, corporations, nonprofit corporations,associations or joint stock companies; 11. 1-2.-"Construct" means every type of display in the form of letters, figures, characters and/or representations; 12. 13. "Cutout" means every type of display in the form of letters, figures, characters and/or representations in cutout or irregular form attached to or superimposed upon a sign; 13. -1-47-"Development review" means the site development review process set forth in Chapters 18.360; • Signs 18.780-3 SE Update: 03/02 • • •14. -14.--"Directional sign" means a permanent sign which is designed and erected solely for the purpose. of traffic or pedestrian direction and placed on the property to which the public is directed; 15. -1-6-"Display surface" means the area made available by the sign structure for the purpose of displaying the advertising or identification message; 16. 17. "Electrical sign"means any sign utilizing electrical wiring; 17. -18--"Electronic information sign" means signs, displays, devices or portions thereof with lighted messages that change at intermittent intervals, each lasting more than two seconds, by electronic process or remote control. Electronic information signs are not identified as rotating,revolving or moving signs. Also known as an automatic changeable copy sign or electronic variable message center; 18. �9-"Face of a building" means all windows and wall areas of a building in one or more parallel planes; 19. 20. "Flashing sign"means any sign which is illuminated by an intermittent or sequential flashing light source whose interval is two seconds or less in duration, or which is in any other way animated so as to create the illusion of movement without actual physical movement or the illusion of a flashing or intermittent light or light source; 20. 2-1—"Flush pitched roof sign" means a sign attached to a mansard or similar type of vertically aligned roof; 21. 22. "Freestanding sign" means a sign erected and mounted on a freestanding frame, mast or pole and not attached to any building; 22. 23—"Freeway interchange"means any intersection of an exit off-ramp of Interstate Highway 5 or State Highway 217 with a surface street; 23. 24-"Freeway-oriented sign" means a sign primarily designed to be read by a motorist traveling on a highway designated by the Oregon State Highway Department as a freeway or expressway; specifically, these shall be Interstate 5 and Oregon State Highway #217, and shall not include Highway 99W; 24. 23—"Frontage"means the length of the property line of any one premises along a public roadway; 25. 26. "Housing complex" means a grouping of one or more single-family attached residential units or one or more multi-family residential units; 26. 27. "Immediate or serious danger" means: a. Whenever any portion of the structure is damaged by fire, earthquake, wind, flood or other causes,and any member or appurtenance is likely to fail, become detached or dislodged, or to collapse and thereby injure persons or damage property; b. Whenever any portion of the structure is not of sufficient strength or stability or is not so anchored, attached or fastened in place as to be capable of resisting a wind pressure of one- half of that specified in the Uniform Building Code for this type structure or similar structure, • Signs 18.780-4 1 SE Update: 03/02 • • and will not exceed the working stresses permitted in the Uniform Building Code for such structures; and P c. Whenever the location of the sign structure obstructs the view of motorists traveling on the public streets or private property, and thus causes damage to property or thereby injures persons. 27. 2$—"Industrial Park" means a parcel of land which complies with the requirements set forth in Chapter 18.530; 28. 29. "Lawn sign"- see"Temporary sign"; 29. 30. "Lighting methods"means: a. Direct-exposed lighting or neon tubes on the sign face; b. Flashing- lights which blink on and off randomly or in sequence; c. Indirect or External the light source is separate from the sign face or cabinet and is directed so as to shine on the sign; and d. Internal-the light source is concealed within the sign. 30. 3-1-:—"Maintenance" means normal care needed to keep a sign functional such as cleaning, oiling, changing and repair of light bulbs and sign faces. Does not include structural alteration; 31. 32-"Nonconforming sign" means a sign or sign structure lawfully erected and. properly maintained that would not be allowed under the sign regulations presently applicable to the site; 32. 33—"Non-structural trim" means the moldings, battens, caps, nailing strips and latticing, letters and walkways which are attached to a sign structure; 33. 34-"Painted wall decorations" means displays painted directly on a wall, designed and intended as a decorative or ornamental feature. Decorations may also include lighting; 34. 35—"Painted wall highlights" means painted areas which highlight a building's architectural or structural features; 35. 3--"Painted wall sign" means a sign applied to a building wall with,paint and which has no sign structure; 36. 37—"Person" means individuals, corporations, associations, firms, partnerships and joint stock companies; 37. 3-8 "Premises" means one or more lots on which are constructed or on which are to be • constructed a building or a group of buildings designed as a unit; 38. 39—"Projecting sign" means a sign attached to a building other than a wall sign in which the sign face is not parallel to the wall. Such sign shall not project above the wall of the building to which it is attached,except where there is an existing parapet; • • Signs 18.780-5 SE Update: 03/02 • • • 39. 40-"Projection"means the distance by which a projecting sign extends from a building; "I . . - " -- . - - - -- . . • . - - - - -- . . . .. -.. - • - 40. 42-"Reader-board sign" means any sign with changeable copy or a message, except electronic information signs; 41. 43—"Roof line" means the top edge of a roof or building parapet, whichever is higher, excluding any cupolas,chimneys or other minor projections; 42. 44--"Roof sign" means a sign erected fully upon or directly above a roof line or parapet of a building or structure. Exceptions: include approved temporary balloons, signs attached to existing architectural features and flush mounted"roof'signs; 43. 4-5—"Rotating, revolving or moving sign" means any sign, or portion of a sign, which moves in any manner; 44. 46. "Shopping center"means developments of not less than eight business units; 45. 47. "Shopping plaza"means developments of between two and seven business units; 46. 48-"Sign" means materials placed or constructed primarily to convey a message or other display and which can be viewed from a right-of-way, another property or from the air; 47. 49—"Sign structure" means any structure which supports or is capable of supporting any sign as described in the Uniform Building Code. A sign structure may be a single pole and may or may not bean integral part of a building; 48. 30-"Structural alteration" means modification of the size, shape or height of a sign structure. Also includes replacement of sign structure materials with other than.comparable materials, for example metal parts replacing wood parts; 49. 3-1 --"Surface street"means a street which does not have limited access and_which is not a freeway or expressway; 50. 3--"Temporary sign" means any sign, "A" board frame, banner, lawn sign or balloon which is not permanently erected or permanently affixed to any sign structure, sign tower, the ground or a building: a. Balloon - an inflatable, stationary temporary sign anchored by some means to a structure or the ground. Includes simple children's balloons, hot and cold air balloons, blimps and other dirigibles; - b. Banner-a sign made of fabric or other nonrigid material with no enclosing framework; c. Lawn Sign - a freestanding sign in residential zones which is exempt from sign permit requirements provided the size requirements in Subsection 18.780.060 B2.can be met. 51. 53. "Tenant Sign"means a sign placed in control of a current tenant or property owner; • Signs 18.780-6 SE Update: 03/02 • • • • 52. 34-"Uniform Building Code"'means the most recent structural and specialty Oregon Uniform I Building Code as adopted by the Oregon Department of Commerce, and which Uniform Building Code, by this reference, is incorporated in this title to the extent of specific citations thereof in this title; 53. 33=-"Wall Sign" means any sign attached to, painted on, or erected against the wall of a building or structure with the exposed face of the sign in a plane parallel to the plane of the wall. _ B.- General rule. For the purpose of this chapter, words used in the present tense include the future, the singular number includes the plural, "shall" is mandatory and not Directory, and "building" includes "structures"except"sign structures." 18.780.020 Permits Required A. Compliance with regulations. No sign or sign structure shall hereafter be erected, re-erected, constructed, structurally altered or relocated within the City limits except as provided by this title,and a permit for the same sign or sign structure has been issued by the Director. B. Separate permits for each sign. A separate permit shall be required for each sign or signs for each business entity and a separate permit shall be required for each group of signs on a single supporting structure. C. Compliance with UBC. Separate structural permits under the Uniform Building Code shall also apply. D. Electrical permit required. An electrical permit shall be obtained for all illuminated signs, from the enforcing agency subject to the provisions of the State Electrical Code. E. Retroactive sign permits. The Director may require application for sign permits for all signage at a given address if no existing permits previously had been approved or documented. 18.780.030 Permit Approval Process A. Permits for existing signs. Permits for modification of existing signs, or to legalize signs for which a permit was not obtained when it was constructed, will be processed by means of a Type I procedure, as governed by Section 18.390.030,using the requirements of this chapter as approval criteria. B. Permits for new signs. Permits for new signs will be processed by means of a Type I procedure, as governed by Section 18.390.030,using the requirements of this chapter as approval criteria. C. Site plan. The applicant shall submit a proposed sign site plan. The Director shall provide the applicant with detailed information about this submission requirement. 18.780.040 Expiration of Approval: Standards for Extension of Time A. Expiration of approval. Sign permit approval shall be effective for a period of 90 days from the date of approval. B. Reasons for lapsing. The sign permit approval shall lapse if: 1. Substantial construction of the approved plan has not begun within the 90 day period;or Signs 18.780-7 SE Update: 03/02 - ----- ----- - ---- --- • • • 1. The sign shall be erected on private property with the consent of the lawful possessor of the property and shall not be placed on utility poles or in the public right-of-way; and 2. At least one sign shall be permitted per parcel of land; additional signs on such parcel shall be spaced at least 50 feet apart in residential zoning districts and 30 feet apart in nonresidential zoning districts. C. Exceptions. The sign permit provisions of this section shall not apply to repair, maintenance or change of copy on the same sign (including, but not limited to the changing of a message on a sign specifically designed and permitted for the use of changeable copy), or unlawfully erected or maintained signs. 18.780.070 Certain Signs Prohibited A. Prohibited display of flags and banners. It is a violation of this chapter to erect or maintain strings of pennants, banners or streamers, festoons of lights, clusters of flags, strings of twirlers or propellers, flashing or blinking lights, flares, balloons and similar devices of carnival character. Exceptions include: 1. National, state and institutional flags properly displayed; 2. Signs and banners approved as temporary signs;and 3. Balloons as allowed in Subsection 18.780.090C. B. Unsafe signs or improperly maintained signs. No sign shall be constructed, erected or maintained unless the sign and sign structure is so constructed, erected and maintained as to be able to withstand the wind,seismic and other requirements as specified in the Uniform Building Code or this title. C. Signs at intersections. No sign shall be erected at intersections of any streets in such a manner as to materially obstruct free and clear vision. All signs shall be consistent with Chapter 18.795 of this title: 1. No sign shall be erected at any location where, by reason of the position, shape or color; that interferes with, obstructs the view of, or could be confused with any authorized traffic signal or device;and 2. No sign shall be erected which makes use of the word "stop," "look," "danger," or any other similar word, phrase, symbol, or character in such manner as is reasonably likely to interfere with,mislead or confuse motorists. D. Obscenity. No sign shall bear or contain statements, words or pictures in which the dominant theme of the material, taken as a whole, appeals to the prurient interest in sex or is pafently offensive because it affronts the contemporary community standard relating to the description or representation of sexual material which is utterly without redeeming social value. E E.Traffic obstructing signs. No sign or sign structure shall be constructed in such a manner or at such a location that it will obstruct access to any fire escape or other means of ingress or egress from a building or any exit corridor, exit hallway or exit doorway. No sign or supporting structure shall cover, wholly or partially, any window or doorway in any manner that it will substantially limit access to the building in case of fire. • Signs 18.780-10 SE Update: 03/02 • C. Balloons. - - 1. One inflatable, stationary balloon or one cluster of children's balloons firmly secured shall be allowed only if all of the following conditions are satisfied: a. A City of Tigard sign permit is obtained for each single or cluster of balloons; b. Each owner or legal occupant of property or a building shall be allowed one balloon per year; c. A balloon sign shall be allowed to remain up for a period of no longer than 10 days per year; d. A permit issued for a balloon will serve as one of the three sign permits allowed per business in a calendar year; e. Balloons may be permitted as roof signs with a City sign permit; f. The size of a balloon shall not exceed 25 feet in height; and g. The balloon shall be secured to a structure on the ground and shall not be allowed to float in the air higher than 25 feet above the nearest building roof line. D. Electronic message centers. 1. Electronic Message Center(variable message)sign regulations shall be as follows: a. Electronic message center signs shall be permitted only in the C-G and CBD zones; b. The maximum height and area of an electronic message center sign shall be that which is stipulated in Subsection 18.780.130C; c. An electronic message center shall be allowed to substitute for one freestanding sign or one wall sign; d. One electronic message center sign,either freestanding or wall-mounted, shall be allowed per premises; e. With regard to light patterns: (1) Traveling light patterns("chaser effect")shall be prohibited; (2) Messages and animation shall be displayed at intervals of greater than two seconds in duration. E. Free-standing freeway-oriented signs. 1. • - .. -. • •. • -- - . -- -•- 6 " - - .. - . e . . -- e ; - ; • - - :: .. ;; For signs requiring a permit under the Oregon Motorist Information Act, the City will determine pursuant to a Type 1 process whether the sign meets all applicable City standards and provide that determination to any applicant for a state permit consistent with ORS 377.723. • Signs . 18.780-14 SE Update: 03/02 • • 2. Freeway-oriented signs shall be permitted only in the C-G, I-P,I-L and I-H zoning districts; 3. Freeway-oriented signs shall be permitted to be located within 200 feet of Highway 217 and/or Interstate Freeway No. 5 rights-of-way as shown in the Freeway-Oriented Sign (FOS) overlay •zone maps in Figure 1; (Figure 1 is on file in the City Recorder's office.) 4. One freestanding freeway-oriented sign shall be allowed per premises; 5. The maximum height of a freeway-oriented sign shall not exceed 35 feet from the ground level at its base; 6. For freestanding signs a total maximum sign area of 160 square feet per face (320 square feet total) shall be allowed. - . . . . • . . -- . ::.:•: I shall-apply; 7. Freeway-oriented signs shall be oriented to be viewed from the freeway; 8. In addition to a freeway-oriented sign, each parcel, development complex or premises shall be allowed one freestanding sign provided all other provisions of this chapter can be met and both signs are located on separate frontages with different orientations; 9. Freeway-oriented signs are not permitted as roof, tenant, temporary, balloon, wall and awning signs; F. Awning signs. 1. Awning signs shall be permitted in all zoning districts; 2. The copy on awning signs may not extend above the upper surfaces of the awning structure. They may be hung below the awning if the sign clears the sidewalk by at least 8-1/2 feet; 3. Awning signs may be internally or externally illuminated; and 4. Awning signs may extend into the public right-of-way 6-1/2 feet or 2/3 of the distance to the roadway, whichever is less. However, no sign may extend within two feet of the roadway. State Highway Division approval shall be necessary for awning signs on state highways. G. Flush pitched"roof'sign. 1. Flush pitched roof signs shall be allowed in all zoning districts except residential; 2. The face of flush pitched roof signs may not extend more than six inches above the roof line; 3. Flush pitched roof signs shall be parallel to the building face. They may not extend beyond the building wall. Such surfaces shall be considered part of a wall surface in the calculation of total wall area; • Signs 18.780-15 SE Update: 03/02 • • A. Applicability. For the purposes of this chapter,non-conforming signs will be defined as follows: 1. Except as provided in this chapter, signs in existence on March 20, 1978, in accordance with Ordinance Nos. 77-89 and 78-16, which do not conform to the provisions of this chapter, but which were constructed, erected or maintained in compliance with all previous regulations, shall be regarded as nonconforming signs which may be continued until March 20, 1988; 2. Signs in existence on January 11, 1971, which do not conform to the provisions of this chapter, - but which were constructed, erected or-maintained in compliance with all previous regulations, were regarded as nonconforming signs and could be continued for a period of 10 years from January 11, 1971. All such signs which were not brought into compliance with the standards in Ordinance Nos. 77-89 and 78-16 and the extensions granted,are now in violation of this chapter; 3. Signs located on premises annexed into the City after January 11, 1971, which do not comply with the provisions of this chapter, shall be brought into compliance with this chapter within a period of ten years after the effective date of the annexation; 4. Any sign Which is structurally altered, relocated or replaced shall immediately be brought into compliance with all of the provisions of this chapter,except the repairing and restoration of a sign on site or away from the site to a safe condition. Any part of a sign or sign structure for normal • maintenance shall be permitted without loss of nonconforming status. B. Restrictions. For purposes of this title, a sign face or message change shall be subject to the following provisions: 1. A sign face or message change on a nonconforming sign is not allowed as an alteration when the affected property and sign structure have been abandoned for greater than 90 days; 2. A sign face or message change shall be allowed as an alteration only for existing conforming signs and for nonconforming signs prior to their amortization expiration date; and 3. No sign permit shall be required for allowable sign face or message changes. C. Reconstruction. Should a nonconforming sign or sign structure or nonconforming portion of structure • be destroyed or repaired by any means to an extent of more than 50%of its replacement cost, it shall not be reconstructed except in conformity with the provisions of this title. D. Requirements for conformance. 1. Signs in existence on the effective date of this chapter which do not comply with provisions regulating flashing signs; use of par spotlights or rotating beacons; rotating and revolving signs; flags, banners, streamers, or strings of lights, or temporary or incidental signs; shall be made to conform within 90 days from the effective date of this chapter; --• . • . - - . . . :•-- . :i.i I . . . --- - . . - - . - - - • , It . . t I . • - - 18.780.120 Sign Removal Provisions: Nonconforming and Abandoned Signs Signs 18.780-17 SE Update: 03/02 z o ii-ol•o0 3—Do l203 /00-0/ ** r i;'t:_ -�, ',� � S>k�``u��' -t-�.'j-g`.er Aliirw A _ < > TIGARI CITY gCOtUN_CIL _N" 3 iv--,,z4-17,,,- ;-;_tliyi,EuFING-0.7*-44‘71-,-.,Agi ` s � t ~°`� go ---� �� �''' CITY OF TIGARD JAN;UAR1 2-7i2004t 6 3.0-Yp:rn k.r.�.'. 5.y KM. ,._ ,r ,,-.i � ;-.: OREGON G� CI�TY�HALL�_��,.�{� 11312.5.SW HAfp..,l\%,D:. ;: 2'.', .wit..'�.y3. 'l.Yr '�.� � .4:#' rt''! � ki. w'Y'�.=:;1:�<_y=. x�.-TI.GARD.OR 97.223;:a=, , c PUBLIC NOTICE: Anyone wishing to speak on an agenda item should sign on the appropriate sign-up sheet(s). If no sheet is available, ask to be recognized by the Mayor at the beginning of that agenda item. Visitor's Agenda items are asked to be two minutes or less. Longer matters can be set for a future Agenda by contacting either the Mayor or the City Manager. Times noted are estimated; it is recommended that persons interested in testifying be present by 7:15 p.m. to sign in on the testimony sign-in sheet. Business agenda items can be heard in any order after 7:30 p.m. Assistive Listening Devices are available for persons with impaired hearing and should be scheduled for Council meetings by noon on the Monday prior to the Council meeting. Please call 503-639-4171, ext. 2410 (voice) or 503-684-2772 (TDD - Telecommunications Devices for the Deaf). Upon request, the City will also endeavor to arrange for the following services: • Qualified sign language interpreters for persons with speech or hearing impairments; and • Qualified bilingual interpreters. Since these services must be scheduled with outside service providers, it is important to allow as much lead time as possible. Please notify the City of your need by 5:00 p.m. on the Thursday preceding the meeting by calling: 503-639-4171, ext. 2410 (voice) or 503- 684-2772 (TDD - Telecommunications Devices for the Deaf). SEE ATTACHED AGENDA COUNCIL AGENDA — JANUARY 27, 2004 page 1 • • AGENDA TIGARD CITY COUNCIL MEETING JANUARY 27, 2004 6:30 PM • STUDY SESSION > UPDATE FROM THE SKATE PARK TASK FORCE > DISCUSSION REGARDING HEARINGS OFFICER RATE INCREASE REQUEST • EXECUTIVE SESSION: The Tigard City Council will go into Executive Session to discuss labor negotiations under ORS 192.660(1d). All discussions are confidential and those present may disclose nothing from the Session. Representatives of the news media are allowed to attend Executive Sessions, as provided by ORS 192.660(3), but must not disclose any information discussed. No Executive Session may be held for the purpose of taking any final action or making any final decision. Executive Sessions are closed to the public. 7:30 PM 1. BUSINESS MEETING 1.1 Call to Order - City Council 81 Local Contract Review Board 1.2 Roll Call 1 .3 Pledge of Allegiance 1.4 Council Communications 81 Liaison Reports 1.5 Call to Council and Staff for Non-Agenda Items 2. VISITOR'S AGENDA (Two Minutes or Less, Please) 3. CONSENT AGENDA: These items are considered to be routine and may be enacted in one motion without separate discussion. Anyone may request that an item be removed by motion for discussion and separate action. Motion to: 3.1 Local Contract Review Board: a. Award Contract for the Construction of an Aquifer Storage and Recovery Production Well and Test Well to Geo-Tech Explorations, Inc. COUNCIL AGENDA — JANUARY 27, 2004 page 2 • • a • Consent Agenda - Items Removed for Separate Discussion: Any items requested to be removed from the Consent Agenda for separate discussion will be considered immediately after the Council has voted on those items which do not need discussion. 4. CONSIDER APPROVING FINAL COUNCIL GOALS FOR 2004 a. Staff Report: Administration Staff b. Council Discussion c. Council Consideration: Motion to adopt 2004 Council Goals 5. COUNCIL GOAL UPDATE a. Staff Report: Administration Staff b. Review of Goals: Mayor Dirksen c. Council Discussion 6. UPDATE ON THE NEW TIGARD LIBRARY a. Staff Report: Library Staff b. Council Discussion 7. ANNUAL REVIEW OF THE COMMUNITY ASSESSMENT PROGRAM a. Staff Report: Administration Staff b. Council Discussion 8. PUBLIC HEARING (QUASI-JUDICIAL) — ANNEXATION OF THE CLEAN WATER SERVICES AND CITY OF TIGARD PARCELS (ZCA 2003-00007) REQUEST: The applicants are requesting to annex four (4) parcels of land containing 47 acres near Cook Park into the City of Tigard. LOCATION: Washington County Tax Assessor's Map Numbers 2S114AD, Tax Lots 100 and 200; and 2S114DA, Tax Lots 100 and 300. ZONE: R-4.5: Low-Density Residential District. The R-4.5 zoning district is designed to accommodate detached single-family homes with or without accessory residential units at a minimum lot size of 7,500 square feet. Duplexes and attached single-family units are permitted conditionally. Some civic and institutional uses are also permitted conditionally. APPLICABLE REVIEW CRITERIA: The approval standards for annexations are set out in Community Development Code Chapters 18.320 and 18.390, Comprehensive Plan Policies 2 and 10; ORS Chapter 222; and Metro Code Chapter 3.09. COUNCIL AGENDA — JANUARY 27, 2004 page 3 • • a. Open Public Hearing b. Declarations or Challenges c. Staff Report: Community Development Department d. Public Testimony - Proponents - Opponents - Rebuttal e. Staff Recommendation f. Council Discussion g. Close Public Hearing h. Council Consideration: Ordinance No. 04 - 9. PUBLIC HEARING (LEGISLATIVE) - CONSIDER AN ORDINANCE AMENDING THE TIGARD COMMUNITY DEVELOPMENT CODE CHAPTER 18.780 TO ALLOW A-FRAME SIGNS WITHIN RESIDENTIAL ZONES, SUBJECT TO LIMITATIONS, AND TO MODIFY THE AMOUNT OF TEMPORARY SIGNAGE (ZOA 2003-00002) REQUEST: A Zone Ordinance Amendment to amend the sign regulations to allow temporary A-frame signs in residential zones without a permit subject to size and placement restrictions. LOCATION: Residential Zones. ZONE: N/A. APPLICABLE REVIEW CRITERIA: Statewide Planning Goals 1 and 2; Comprehensive Plan Policies 1 and 2; and Community Development Code Chapters 18.380, 18.390 and 18.780. a. Open Public Hearing b. Staff Report: Community Development Staff c. Public Testimony d. Staff Recommendation e. Council Discussion f. Close Public Hearing g. Council Consideration: Ordinance No. 04 - 10. PUBLIC HEARING (LEGISLATIVE) - CONSIDER AN ORDINANCE AMENDING THE TIGARD COMMUNITY DEVELOPMENT CODE CHAPTER 18.230 SECTION 030(D) TO MAKE THE DEFINITION OF "RESPONSIBLE PARTY" CONSISTENT AND CHAPTER 18.780 TO CLARIFY LANGUAGE PROHIBITING "BILLBOARDS" (ZOA 2003-00003) REQUEST: To review and amend the Tigard Sign Code Chapter 18.780 to clarify language regarding "Billboards" and "Freestanding Freeway Oriented Signs," and COUNCIL AGENDA — JANUARY 27, 2004 page 4 * T • • • to amend the language of Section 18.230.030 to make the definition of "Responsible Party" consistent with Tigard Municipal Code Section 18.740.020(A)(1-3). LOCATION: Citywide. ZONE: N/A. APPLICABLE REVIEW CRITERIA: Statewide Planning Goals 1 and 2; Comprehensive Plan Policies 1 and 2; and Community Development Code Chapters 18.230, 18.380, 18.390 and 18.780. a. Open Public Hearing b. Staff Report: Community Development Staff c. Public Testimony d. Staff Recommendation e. Council Discussion f. Close Public Hearing g. Council Consideration: Ordinance No. 04 - 11. CONSIDER ESTABLISHING TASK FORCES WITH REGARD TO THE ANNEXATION OF BULL MOUNTAIN a. Staff Report: Community Development Staff • b. Council Discussion c. Council Consideration: Motion to establish various task force groups to provide additional time for public discussion and understanding of key impacts, including costs and benefits of annexing the Bull Mountain area. 12. CONSIDER A RESOLUTION FORMING THE COMMITTEE TO REVIEW THE PLANNED DEVELOPMENT SECTION OF THE COMMUNITY DEVELOPMENT CODE a. Staff Report: Community Development Staff b. Council Discussion c. Council Consideration: Resolution No. 04- 9:45 PM 13. COUNCIL LIAISON REPORTS 14. NON AGENDA ITEMS COUNCIL AGENDA — JANUARY 27, 2004 page 5 • • 15. EXECUTIVE SESSION: The Tigard City Council may go into Executive Session. If an Executive Session is called to order, the appropriate ORS citation will be announced identifying the applicable statute. All discussions are confidential and those present may disclose nothing from the Session. Representatives of the news media are allowed to attend Executive Sessions, as provided by ORS 192.660(3), but must not disclose any information discussed. No Executive Session may be held for the purpose of taking any final action or making any final decision. Executive Sessions are closed to the public. 16. ADJOURNMENT is\admlcathy\cca120041040127p.doc COUNCIL AGENDA — JANUARY 27, 2004 page 6 • • AGENDA ITEM# FOR AGENDA OF January 27,2004 CITY OF TIGARD,OREGON COUNCIL AGENDA ITEM SUMMARY ISSUE/AGENDA TITLE Billboards & Freestanding Freeway Oriented Signs Code Amendment (Z0A2003- 00003) PREPARED BY: Brad Kilb DEPT HEAD OK / 1!//• ' Y MGR OK v ISSUE BEFORE THE COUNCIL Should the Council approve a requested Zone Ordinance Amendment to amend the Tigard Development Code Chapter 18.230 with regard to the definition of"responsible party" and the administration of Chapter 18.780 with regard to"Billboards" and"freestanding freeway-oriented signs?" STAFF RECOMMENDATION Staff recommends approving the requested Zone Ordinance Amendment as amended by motion of the City of Tigard Planning Commission. INFORMATION SUMMARY On April 13, 1993,the Tigard City Council,by majority vote,agreed to prohibit billboard signs in the Tigard city Iimits, and to remove the approval criteria for billboard signs from the Special Condition Signs section of then TDC Section 18.114.090. Earlier this year,West Coast Media,LLC, and later Media Arts,Inc. applied for building permit approval to construct"freeway oriented"signs under the premise that, if they received approval from ODOT and pursuant to the Oregon Motorists Information Act(OMIA),they would not be subject to separate review from the City of Tigard. City planning staff recommended to the Building Official that the building permits for the signs be denied after finding that the signs that were applied for exceeded the maximum allowable size and height for "freeway oriented" signs, and that in fact,the signs that were applied for appeared to be billboards. The Building Official denied approval of the permits,and the two companies filed appeals with the Oregon Land Use Board of Appeals. The appeals were based on language in Tigard Development Code, Chapter 18.780. Subsequently, staff requested an interpretation from the Community Development Director that was appealed to the Tigard City Council. The City Council heard the appeals on June 10th and July 8th 2003. The Council resolved to uphold the Community Development Director's interpretation. The appeals at LUBA continued. In the meantime, staff in coordination with the City Attorney,has drafted changes to be considered as code amendments. The other issue that is proposed for amendment is to ensure that the definition of"responsible party" in the Development Code is consistent with the definition of"responsible party"in the Municipal Code for enforcement proceedings. In summary, the amendments will accomplish the following objectives: • • Amend the definition of"Responsible party"in Section 18.230.030 to be consistent with the definition of"Responsible party"in the Tigard Municipal Code. • Amend the Purpose statement of the Tigard Development Code(TDC) Chapter 18.780 to delete the • adoption of the Oregon Motorist Information Act(OMIA)by reference. • Amend the definition of"Billboard"to mean signs larger than the maximum size allowed. • Delete the term"Billboard structure." • Delete the term"Public sign." • Require that OMIA permitted signs be reviewed by City of Tigard staff through a type I process. • Delete the requirement for a sign code exception by the Commission in order to allow freeway-oriented signs. • Delete the amortization clause for Billboards along Highway 99W with the amortization date of June 10, 1998. Attached as "Attachment 1" is the ordinance adopting the proposal. The Planning Commission recommendation and draft meeting minutes are attached as "Attachment 2". . OTHER ALTERNATIVES CONSIDERED Deny the request or approve it with revisions. • VISION TASK FORCE GOAL AND ACTION COMMITTEE STRATEGY 1. "Community Character and Quality of Life"-Develop strategies to balance needs of new and infill development with need to provide preservation and protection of open space,natural areas,and other defined aesthetic qualities valued by those who already live and work in Tigard. ATTACHMENT LIST Attachment 1: Ordinance adopting the code amendments Exhibit A-1: Proposed language changes Attachment 2: 1/5/03 "Draft"Planning Commission Meeting Minutes Attachment 3: Staff Report to the Planning Commission • FISCAL NOTES N/A • • ID • CITY OF TIGARD, OREGON Attachment 1 ORDINANCE NO. 04- AN ORDINANCE AMENDING THE LANGUAGE OF THE TIGARD COMMUNITY DEVELOPMENT CODE CHAPTER 18.230 SECTION 030(D) TO MAKE THE DEFINITION OF "RESPONSIBLE PARTY"CONSISTENT WITH THE TIGARD MUNICIPAL CODE, AND CHAPTER 18.780 TO CLARIFY LANGUAGE THAT SERVES TO PROHIBIT `BILLBOARDS" WITHIN THE TIGARD CITY LIMITS. WHEREAS,the City of Tigard has requested a Zone Ordinance Amendment to amend the language of the Tigard Community Development Code Chapter 18.230, Section 030(D) to make the definition of "responsible party" consistent with the Tigard Municipal Code, and Chapter 18.780 to clarify language that serves to prohibit"billboards"within the Tigard City limits;and • WHEREAS, the City of Tigard Planning Commission held a public hearing on January 5, 2004 and unanimously recommended approval of the proposed amendment by motion; and WHEREAS, the City Council held a public hearing on the request on January 27, 2004 and indicated they were supportive of the proposed zone change and directed staff to prepare langauge and an Ordinance for Council review and approval; and WHEREAS, the City Council determined that the proposed language adequately addressed concerns regarding protecting the health, safety, and welfare of the Tigard citizens, as well as, the interests of business in Tigard; and WHEREAS, the City Council has considered the applicable Statewide Planning Goals and Guidelines adopted under Oregon Revised Statutes Chapter 197; any federal or state statutes or regulations found applicable; any applicable Metro regulations; any applicable Comprehensive Plan Policies; and any applicable provisions of the City's implementing ordinances; and WHEREAS, the City Council has found the following to be the only applicable review criteria: Community Development Code Chapters 18.380 and 18.390; Comprehensive Plan Policies 1.1.1 and 2.1.1; and Statewide Planning Goals 1 and 2; and WHEREAS,the City Council has determined that the proposed zone ordinance amendment is consistent with the applicable review criteria and that approving the request would be in the best interest of the City of Tigard. NOW,THEREFORE,THE CITY OF TIGARD ORDAINS AS FOLLOWS: SECTION 1: The specific text amendements attached as "EXHIBIT A-1" to this Ordinance are hereby adopted and approved by the City Council. ORDINANCE No. 02- Page 1 • • SECTION 2: An emergency is declared to protect the health, safety, and welfare of the Citizens of Tigard. This ordinance shall be effective immediately after its passage by the Council, signature by the Mayor,and posting by the City Recorder. PASSED: By vote of all Council members present after being read by number and title only,this day of ,2004. Catherine Wheatley, City Recorder APPROVED: By Tigard City Council this day of ,2004. Craig Dirksen,Mayor - Approved as to form: • City Attorney Date • ORDINANCE No. 02- Page 2 • "EXHIBIT A-1 " PROPOSED CHANGES ADDITIONS: Indicated by UNDERLINE DELETIONS: Indicated by (Additionally,a bar in the far right margin also indicates where a change has been made. Example: I ) . • • Chapter 18.230 ENFORCEMENT Sections: 18.230.010 Provisions of this Title Declared to be Minimum Requirements 18.230.020 Violation of Title Prohibited 18.230.030 Penalty 18.230.040 Complaints Regarding Violations 18.230.050 Inspection and Right of Entry 18.230.060 Abatement of Violations 18.230.070 Stop-Order Hearing 18.230.010 Provisions of this Title Declared to be Minimum Requirements A. Minimum requirements intended. In their interpretation and application, the provisions of this title shall be held to be minimum requirements,adopted for the protection of the public health, safety,and general welfare. B. Most restrictive requirements apply. When the requirements of this title vary from other provisions of this title or with other applicable standards, the most restrictive or that imposing the highest standard shall govern. 18.230.020 Violation of Title Prohibited A. Violation of title prohibited. No person shall erect, construct, alter, maintain or use any building or structure or shall use, divide or transfer any land in violation of this title or any amendment thereto. 18.230.030 Penalty A. Class 1 penalty. A violation of this title shall constitute a Class I civil infraction which shall be processed according to the procedures established in Chapter 1.16 of this code, Civil Infractions. B. Each violation a separate infraction.Each violation of a separate provision of this title shall constitute a separate infraction, and each day that a violation of this title is committed or permitted to continue shall constitute a separate infraction. C. Abatement of violation required. A finding of a violation of this title shall not relieve the responsible party of the duty to abate the violation. The penalties imposed by this section are in addition to and not in lieu of any remedies available to the City. D. . : .:-. - •- "Responsible party" means the person responsible for curing or remedying a violation, which includes: 1. The owner of the property, or the owner's manager or agent or other person in control of the property on behalf of the owner; • 2. The person occupying the property, including bailee, lessee, tenant or other person having possession: Enforcement 18.230-1 11/26/98 3. The person who is alleged to have committed the acts or omissions, created or allowed the condition to exist,or placed the object or allowed the object to exist on the property. 18.230.040 Complaints Regarding Violations A. Filing written complaint.Whenever a violation of this title occurs, or is alleged to have occurred,any person may file a signed,written complaint. B. File complaint with Director. Such complaints,stating fully the causes and basis thereof,shall be filed with the Director. The Director shall properly record such complaints, investigate and take action thereon as provided by this title. 18.230.050 Inspection and Right of Entry A. Right of entry.Whenever the Director has reasonable cause to suspect a violation of any provision of this chapter exists or when necessary to investigate an application for or revocation of any approval under any of the procedures described in this title, the Director may enter on any site or into any structure for the purpose of investigation, provided that no premises shall be entered without first attempting to obtain the consent of the owner or person in control of the premises if other than the owner. B. Search warrant. If consent cannot be obtained, the Director shall secure a search warrant from the City's municipal court before further attempts to gain entry, and shall have recourse to every other remedy provided by law to secure entry. 18.230.060 Abatement of Violations A. Abatement of violations.Any development or use which occurs contrary to the provisions of this title or contrary to any permit or approval issued or granted under this title is unlawful, and may be abated by appropriate proceedings. 18.230.070 Stop-Order Dearing A. Stop order issued.Whenever any work is being done in violation of the.provisions of the Code or a condition of any permit or other approval granted pursuant hereto, the Director may order the work stopped by notice in writing served on persons engaged in doing such work or causing such work to be done. All work under the permit or approval shall cease until it is authorized to continue. B. Stop-order hearing. The Director shall schedule a hearing if requested on the stop order for the soonest practicable date, but not more than seven (7) days after the effectiveness of any required notice. At the discretion of the Director,such hearing may be: 1. Part of a hearing on revocation of the underlying permit or approval pursuant to Section 18.390.050;or 2. Solely to determine whether a violation has occurred. The Hearings Officer shall hold this hearing and shall make written findings as to the violation within seven (7)days. Upon a finding of no violation, the Hearings Officer shall require the issuance of a resume work order. Upon finding a violation, the stop-order shall continue to be effective until the violating party furnishes Enforcement 18.230-2 11/26/98 • Chapter 18.780 SIGNS Sections: 18.780.010 Purpose 18.780.012 Effective Date of this Chapter 18.780.015 Definitions 18.780.020 Permits Required 18.780.030 Permit Approval Process 18.780.040 Expiration of Approval: Standards for Extension of Time 18.780.050 Inspections 18.780.060 Permit Exemptions • 18.780.070 Certain Signs Prohibited 18.780.080 Sign Illumination 18.780.085 Sign Measurement 18.780.090 Special Condition Signs 18.780.100 Temporary Signs 18.780.110 Nonconforming Signs 18.780.120 Sign Removal Provisions: Nonconforming and Abandoned Signs 18.780.130 Zoning District Regulations 18.780.140 Sign Code Adjustments 18.780.010 Purpose A. General purposes. The purposes of this chapter are: 1. To protect the health,safety,property and welfare of the public; 2. To promote the neat, clean,orderly and attractive appearance of the community; 3. To accommodate the need of sign users while avoiding nuisances to nearby properties; 4. To insure for safe construction,location, erection and maintenance of signs; 5. To prevent proliferation of signs and sign clutter; and 6. To minimize distractions for motorists on public highways and streets. 7. To regulate solely on the basis of time,place and manner of a sign,not on its content. B. Sign quality. In addition, it is the purpose of this chapter to regulate the design, quality of materials, construction, location, electrification, illumination and maintenance of all signs visible from public property or from public rights-of-way. C. Compliance with other laws and regulations. It is not the purpose of this chapter to permit the erection or maintenance of any sign at any place or in any manner unlawful under any other ordinance,or state or federal law. . . Signs 18.780-1 SE Update: 03/02 • • Signs 18.780-2 SE Update: 03/02 • • 18.780.012 Effective Date of this Chapter A. Effective date. All references made in this chapter to the effective date of this chapter shall mean November 9, 1983,unless otherwise specifically stated in an ordinance revision. 18.780.015 Definitions A. Definitions. As used in this title, unless the context requires otherwise, the following words and phrases shall have the meanings set forth in this chapter. The definitions to be used in this chapter are in addition to Chapter 18.110,Definitions, and are as follows: 1. " `A' board sign"means any double face temporary rigid sign; 2. "Abandoned sign"means a structure not containing a sign for 90 continuous days or a sign not in use for 90 continuous days; 3. "Area" - see Section 18.780.085 for definition of sign area; 4. "Awning sign"means a wall sign incorporated into or attached to an awning; 5. `Balloon"- see"Temporary sign"; 6. "Banner"- see"Temporary sign"; 7. "Bench sign"means a bench designed to seat people which carries a written or graphic message; 8. `Billboard"means a - : . :.. . . : . . . -, a freestanding sign in excess of the maximum size allowed, with adjustments, in the locations where it is located or proposed to be located. - _ 99--10.-"Building official" means officer or designee of the City empowered to enforce the Uniform Building Code; 10. — .-"Business" means all of the activities carried on by the same legal entity on the same premises and includes charitable, fraternal,religious, educational or social organizations. "Legal entity" includes, but is not limited to, individual proprietorships, partnerships, corporations, nonprofit corporations, associations or joint stock companies; 11. -1-2.-"Construct" means every type of display in the form of letters, figures, characters and/or representations; 12. 13. "Cutout" means every type of display in the form of letters, figures, characters and/or representations in cutout or irregular form attached to or superimposed upon a sign; 13. 4-47-"Development review" means the site development review process set forth in Chapters I 18.360; Signs 18.780-3 SE Update: 03/02 • 14. 45-"Directional sign" means a permanent sign which is designed and erected solely for the purpose of traffic or pedestrian direction and placed on the property to which the public is directed; 15. 4-67-"Display surface" means the area made available by the sign structure for the purpose of I displaying the advertising or identification message; 16. 17. `Electrical sign"means any sign utilising electrical wiring; 17. `Electronic information sign"means signs, displays, devices or portions thereof with lighted messages that change at intermittent intervals, each lasting more than two seconds, by electronic process or remote control. Electronic information signs are not identified as rotating,revolving or moving signs. Also known as an automatic changeable copy sign or electronic variable message center; 18. -19-"Face of a building"means all windows and wall areas of a building in one or more parallel planes; 19. 297-"Flashing sign"means any sign which is illuminated by an intermittent or sequential flashing I light source whose interval is two seconds or less in duration, or which is in any other way animated so as to create the illusion of movement without actual physical movement or the illusion of a flashing or intermittent light or light source; 20. 2-1-"Flush pitched roof sign" means a sign attached to a mansard or similar type of vertically aligned roof; 21. 22-"Freestanding sign"means a sign erected and mounted on a freestanding frame,mast or pole and not attached to any building; 22. 23-"Freeway interchange"means any intersection of an exit off-ramp of Interstate Highway 5 or State Highway 217 with a surface street; 23. 24-"Freeway-oriented sign" means a sign primarily designed to be read by a motorist traveling on a highway designated by the Oregon State Highway Department as a freeway or expressway; specifically, these shall be Interstate 5 and Oregon State Highway #217, and shall not include Highway 99W; 24. 25-"Frontage"means the length of the property line of any one premises along a public roadway; 25. 26. "Housing complex"means a grouping of one or more single-family attached residential units or one or more multi-family residential units; 26. 27. "Immediate or serious danger"means: a. Whenever any portion of the structure is damaged by fire, earthquake, wind, flood or other causes, and any member or appurtenance is likely to fail,become detached or dislodged,or to collapse and thereby injure persons or damage property; b. Whenever any portion of the structure is not of sufficient strength or stability or is not so anchored, attached or fastened in place as to be capable of resisting a wind pressure of one- half of that specified in the Uniform Building Code for this type structure or similar structure, Signs 18.780-4 SE Update: 03/02 • • and will not exceed the working stresses permitted in the Uniform Building Code for such structures;and c. Whenever the location of the sign structure obstructs the view of motorists traveling on the public streets or private property, and thus causes damage to property or thereby injures persons. 27. 28. "Industrial Park" means a parcel of land which complies with the requirements set forth in Chapter 18.530; 28. 29. "Lawn sign"-see"Temporary sign"; 29. 30. "Lighting methods"means: a. Direct- exposed lighting or neon tubes on the sign face; b. Flashing-lights which blink on and off randomly or in sequence; c. Indirect or External -the light source is separate from the sign face or cabinet and is directed so as to shine on the sign;and d. Internal-the light source is concealed within the sign. 30. 3.1—"Maintenance" means normal care needed.to keep a sign functional such as cleaning, oiling, changing and repair of light bulbs and sign faces. Does not include structural alteration; 31. 32-"Nonconforming sign" means a sign or sign structure lawfully erected and properly I maintained that would not be allowed under the sign regulations presently applicable to the site; 32. 33-"Non-structural trim" means the moldings, battens, caps, nailing strips and latticing, letters I and walkways which are attached to a sign structure; 33. 34-"Painted wall decorations"means displays painted directly on a wall, designed and intended as a decorative or ornamental feature. Decorations may also include lighting; 34. 33—"Painted wall highlights" means painted areas which highlight a building's architectural or structural features; 35. 36. "Painted wall sign"means a sign applied to a building wall with paint and which has no sign structure; 36. 3-:—"Person" means individuals, corporations, associations, firms, partnerships and joint stock companies; 37. 3$-"Premises" means one or more lots on which are constructed or on which are to be I constructed a building or a group of buildings designed as a unit; 38. 3-97-"Projecting sign"means a sign attached to a building other than a wall sign in which the sign face is not parallel to the wall. Such sign shall not project above the wall of the building to which it is attached,except where there is an existing parapet; Signs 18.780-5 SE Update: 03/02 • • . 39. 49-"Projection"means the distance by which a projecting sign extends from a building; 40. 427--"Reader-board sign" means any sign with changeable copy or a message, except electronic information signs; 41. 43-"Roof line"means the top edge of a roof or building parapet,whichever is higher, excluding any cupolas,chimneys or other minor projections; 42. 44-"Roof sign" means a sign erected fully upon or directly above a roof line or parapet of a building or structure. Exceptions: include approved temporary balloons, signs attached to existing architectural features and flush mounted"roof'signs; 41 45-"Rotating,revolving or moving sign" means any sign, or portion of a sign, which moves in any manner; 44. - 46. "Shopping center"means developments of not less than eight business units; 45.. 47. "Shopping plaza"means developments of between two and seven business units; 46. 4$-"Sign"means materials placed or constructed primarily to convey a message or other display and which can be viewed from a right-of-way,another property or from the air; 47. 49-"Sign structure" means any structure which supports or is capable of supporting any sign as described in the Uniform Building Code. A sign structure may be a single pole and may or may not be an integral part of a building; 48. 3$-"Structural alteration" means modification of the size, shape or height of a sign structure. Also includes replacement of sign structure materials with other than comparable materials, for example metal parts replacing wood parts; 49. 3-1-:-"Surface street"means a street which does not have limited access and which is not a freeway or expressway; 50. 32.-"Temporary sign" means any sign, "A"board frame,banner, lawn sign or balloon which is not permanently erected or permanently affixed to any sign structure, sign tower,the ground or a building: a. Balloon- an inflatable, stationary temporary sign anchored by some means to a structure or the ground. Includes simple children's balloons, hot and cold air balloons,blimps and other dirigibles; b. Banner-a sign made of fabric or other nonrigid material with no enclosing framework; c. Lawn Sign - a freestanding sign in residential zones which is exempt from sign permit requirements provided the size requirements in Subsection 18.780.060 82. can be met. 51. 33-"Tenant Sign"means a sign placed in control of a current tenant or property owner; Signs 18.780-6 SE Update: 03/02 • • 52. 34-"Uniform Building Code" means the most recent structural and specialty Oregon Uniform Building Code as adopted by the Oregon Department of Commerce, and which Uniform Building Code, by this reference, is incorporated in this title to the extent of specific citations thereof in this title; 53. 55. "Wall Sign"means any sign attached to,painted on, or erected against the wall of a building I or structure with the exposed face of the sign in a plane parallel to the plane of the wall. B. General rule. For the purpose of this chapter, words used in the present tense include the future, the singular number includes the plural, "shall"is mandatory and not Directory, and "building"includes "structures"except"sign structures." 18.780.020 Permits Required A. Compliance with regulations. No sign or sign structure shall hereafter be erected, re-erected, constructed, structurally altered or relocated within the City limits except as provided by this title,and a permit for the same sign or sign structure has been issued by the Director. B. Separate permits for each sign. A separate permit shall be required for each sign or signs for each business entity and a separate permit shall be required for each group of signs on a single supporting structure. C. Compliance with UBC. Separate structural permits under the Uniform Building Code shall also apply. D. Electrical permit required. An electrical permit shall be obtained for all illuminated signs, from the enforcing agency subject to the provisions of the State Electrical Code. E. Retroactive sign permits_ The Director may require application for sign permits for all signage at a given address if no existing permits previously had been approved or documented. 18.780.030 Permit Approval Process A. Permits for existing signs. Permits for modification of existing signs,or to legalize signs for which a • permit was not obtained when it was constructed,will be processed by means of a Type I procedure, as governed by Section 18.390.030,using the requirements of this chapter as approval criteria. B. Permits for new signs. Permits for new signs will be processed by means of a Type I procedure, as governed by Section 18.390.030,using the requirements of this chapter as approval criteria. C. Site plan. The applicant shall submit a proposed sign site plan. The Director shall provide the applicant with detailed information about this submission requirement. 18.780.040 Expiration of Approval: Standards for Extension of Time A. Expiration of approval. Sign permit approval shall be effective for a period of 90 days from the date of approval. B. Reasons for lapsing.The sign permit approval shall lapse if: 1. Substantial construction of the approved plan has not begun within the 90 day period;or Signs 18.780-7 SE Update: 03/02 • • 1. The sign shall be erected on private property with the consent of the lawful possessor of the property and shall not be placed on utility poles or in the public right-of-way;and 2. At Ieast one sign shall be permitted per parcel of land; additional signs on such parcel shall be spaced at least 50 feet apart in residential zoning districts and 30 feet apart in nonresidential zoning districts. C. Exceptions. The sign permit provisions of this section shall not apply to repair, maintenance or change of copy on the same sign (including, but not limited to the changing of a message on a sign specifically designed and permitted for the use of changeable copy), or unlawfully erected or maintained signs. 18.780.070 Certain Signs Prohibited A. Prohibited display of flags and banners. It is a violation of this chapter to erect or maintain strings of pennants, banners or streamers, festoons of lights, clusters of flags, strings of twirlers or propellers, flashing or blinking lights, flares, balloons and similar devices of carnival character. Exceptions include: • 1. National, state and institutional flags properly displayed; 2. Signs and banners approved as temporary signs; and • 3. Balloons as allowed in Subsection 18.780.090C. B. Unsafe signs or improperly maintained signs. No sign shall be constructed, erected or maintained unless the sign and sign structure is so constructed, erected and maintained as to be able to withstand the wind,seismic and other requirements as specified in the Uniform Building Code or this title. C. Signs at intersections. No sign shall be erected at intersections of any streets in such a manner as to materially obstruct free and clear vision. All signs shall be consistent with Chapter 18.795 of this title: 1. No sign shall be erected at any location where, by reason of the position, shape or color, that interferes with, obstructs the view of, or could be confused with any authorized traffic signal or device; and 2. No sign shall be erected which makes use of the word "stop," "look," "danger," or any other similar word, phrase, symbol, or character in such manner as is reasonably likely to interfere with,mislead or confuse motorists. D. Obscenity. No sign shall bear or contain statements, words or pictures in which the dominant theme of the material, taken as a whole, appeals to the prurient interest in sex or is patently offensive because it affronts the contemporary community standard relating to the description or representation of sexual material which is utterly without redeeming social value. IE.Traffic obstructing signs. No sign or sign structure shall be constructed in such a manner or at such a Iocation that it will obstruct access to any fire escape or other means of ingress or egress from a building or any exit corridor, exit hallway or exit doorway. No sign or supporting structure shall cover, wholly or partially, any window or doorway in any manner that it will substantially limit access to the building in case of fire. Signs 18.780-10 SE Update: 03/02 • • C. Balloons. 1. One inflatable, stationary balloon or one cluster of children's balloons firmly secured shall be allowed only if all of the following conditions are satisfied: a. A City of Tigard sign permit is obtained for each single or cluster of balloons; b. Each owner or legal occupant of property or a building shall be allowed one balloon per year; c. A balloon sign shall be allowed to remain up for a period of no longer than 10 days per year; d. A permit issued for a balloon will serve as one of the three sign permits allowed per business in a calendar year; e. Balloons may be permitted as roof signs with a City sign permit; f. The size of a balloon shall not exceed 25 feet in height; and g. The balloon shall be secured to a structure on the ground and shall not be allowed to float in the air higher than 25 feet above the nearest building roof line. D. Electronic message centers. 1. Electronic Message Center(variable message)sign regulations shall be as follows: a. Electronic message center signs shall be permitted only in the C-G and CBD zones; b. The maximum height and area of an electronic message center sign shall be that which is stipulated in Subsection 18.780.130C; c. An electronic message center shall be allowed to substitute for one freestanding sign or one wall sign; d. One electronic message center sign,either freestanding or wall-mounted, shall be allowed per premises; e. With regard to light patterns: (1) Traveling light patterns("chaser effect")shall be prohibited; (2) Messages and animation shall be displayed at intervals of greater than two seconds in duration. E. Free-standing freeway-oriented signs. . . - . . : ::.. :.: - . --- --... . - . .: . : : . :, For signs requiring a permit under the Oregon Motorist Information Act, the City will determine pursuant to a Type 1 process whether the sign meets all applicable City standards and provide that determination to any applicant for a state permit consistent with ORS 377.723. Signs 18.780-14 SE Update: 03/02 2. Freeway-oriented signs shall be permitted only in the C-G,I-P,I-L and I-H zoning districts; 3. Freeway-oriented signs shall be permitted to be located within 200 feet of Highway 217 and/or Interstate Freeway No. 5 rights-of-way as shown in the Freeway-Oriented Sign (FOS) overlay zone maps in Figure 1; (Figure 1 is on file in the City Recorder's office.) 4. One freestanding freeway-oriented sign shall be allowed per premises; 5. The maximum height of a freeway-oriented sign shall not exceed 35 feet from the ground level at its base; 6. For freestanding signs a total maximum sign area of 160 square feet per face (320 square feet total) shall be allowed. . - - :-- •- • .:..-:, , --- ..- . •-•.-- : • • • -- :. . ::.:'e shall-ap151y 7. Freeway-oriented signs shall be oriented to be viewed from the freeway; 8. In addition to a freeway-oriented sign, each parcel, development complex or premises shall be allowed one freestanding sign provided all other provisions of this chapter can be met and both signs are located on separate frontages with different orientations; 9. Freeway-oriented signs are not permitted as roof, tenant, temporary, balloon, wall and awning signs; e• -- . • - • -_j-. - r. • : • • • •• • • •i.-- • 'A • . • •:• : • • • • - • - F. Awning signs. 1. Awning signs shall be permitted in all zoning districts; 2. The copy on awning signs may not extend above the upper surfaces of the awning structure. They may be hung below the awning if the sign clears the sidewalk by at least 8-1/2 feet; 3. Awning signs may be internally or externally illuminated; and 4. Awning signs may extend into the public right-of-way 6-1/2 feet or 2/3 of the distance to the roadway,whichever is less. However,no sign may extend within two feet of the roadway. State Highway Division approval shall be necessary for awning signs on state highways. G. Flush pitched"roof'sign. I. Flush pitched roof signs shall be allowed in all zoning districts except residential; 2. The face of flush pitched roof signs may not extend more than six inches above the roof line; 3. Flush pitched roof signs shall be parallel to the building face. They may not extend beyond the building wall. Such surfaces shall be considered part of a wall surface in the calculation of total wall area; Signs 18.780-15 SE Update: 03/02 • • A. Applicability. For the purposes of this chapter,non-conforming signs will be defined as follows: 1. Except as provided in this chapter, signs in existence on March 20, 1978, in accordance with Ordinance Nos. 77-89 and 78-16, which do not conform to the provisions of this chapter, but which were constructed, erected or maintained in compliance with all previous regulations, shall be regarded as nonconforming signs which may be continued until March 20, 1988; 2. Signs in existence on January 11, 1971, which do not conform to the provisions of this chapter, but which were constructed, erected or maintained in compliance with all previous regulations, were regarded as nonconforming signs and could be continued for a period of 10 years from January 11, 1971. All such signs which were not brought into compliance with the standards in Ordinance Nos. 77-89 and 78-16 and the extensions granted,are now in violation of this chapter; . 3. Signs located on premises annexed into the City after January 11, 1971, which do not comply with the provisions of this chapter, shall be brought into compliance with this chapter within a period of ten years after the effective date of the annexation; 4. Any sign which is structurally altered, relocated or replaced shall immediately be brought into compliance with all of the provisions of this chapter,except the repairing and restoration of a sign on site or away from the site to a safe condition. Any part of a sign or sign structure for normal maintenance shall be permitted without loss of nonconforming status. B. Restrictions.For purposes of this title, a sign face or message change shall be subject to the following provisions: 1. A sign face or message change on a nonconforming sign is not allowed as an alteration when the affected property and sign structure have been abandoned for greater than 90 days; 2. A sign face or message change shall be allowed as an alteration only for existing conforming signs and for nonconforming signs prior to their amortization expiration date; and 3. No sign permit shall be required for allowable sign face or message changes. C. Reconstruction. Should a nonconforming sign or sign structure or nonconforming portion of structure be destroyed or repaired by any means to an extent of more than 50% of its replacement cost, it shall not be reconstructed except in conformity with the provisions of this title. D. Requirements for conformance. 1. Signs in existence on the effective date of this chapter which do not comply with provisions regulating flashing signs; use of par spotlights or rotating beacons; rotating and revolving signs; flags, banners, streamers, or strings of lights, of temporary or incidental signs; shall be made to conform within 90 days from the effective date of this chapter; , .-. - -. : . - - . . . . . 18.780.120 Sign Removal Provisions: Nonconforming and Abandoned Signs • Signs 18.780-17 SE Update: 03/02 DRAFT Attachment 2 CITY OF TIGARD PLANNING COMMISSION OR • Meeting Minutes January 5, 2004 1. CALL TO ORDER President Padgett called the meeting to order at 7:00 p.m. The meeting was held in the Tigard Civic Center, Town Hall, at 13125 SW Hall Blvd. 2. ROLL CALL Commissioners Present: President Padgett; Commissioners Bienerth, Buehner, Caffall, Haack, Munro, and Sutton Commissioners Absent: Commissioners Mores and Webb Staff Present: Dick Bewersdortf, Planning Manager; Morgan Tracy, Associate Planner; Brad Kilby, Associate Planner 3. PLANNING COMMISSION COMMUNICATIONS Rex Caffall was welcomed as a new Planning Commissioner; the new Planning Commission alternate, Kathy Meads, was introduced. 4. APPROVAL OF MINUTES It was moved and seconded to approve the December 1, 2003, meeting minutes as submitted. The motion passed unanimously. It was moved and seconded to approve the December 8, 2003, meeting minutes as submitted. The motion passed by a vote of 5-0. Commissioners Padgett and Sutton abstained. 5. ELECTION OF VICE-PRESIDENT Judy Munro was elected as Vice-President of the Planning Commission. 6. PUBLIC HEARINGS 6.1 ZONE ORDINANCE AMENDMENT (ZOA) 2003-00002 TEMPORARY A- FRAMES IN RESIDENTIAL ZONES SIGN CODE AMENDMENT REQUEST: A Zone Ordinance Amendment to amend the sign regulations to allow temporary A frame signs in residential zones without a permit subject to size and placement restrictions. LOCATION: Residential Zones. ZONE: N/A. APPLICABLE REVIEW CRITERIA: Statewide Planning Goals 1 and 2; Comprehensive Plan Policies 1 and 2; and Community Development Code Chapters 18.380, 18.390 and 18.780. • PLANNING COMMISSION MEETING MINUTES -January 5,2004-Page I STAFF REPORT Associate Planner Morgan Tracy presented the staff report. He reported that this amendment has been proposed by a private citizen on behalf of several in the real estate profession. The issue at hand is that A-frames are prohibited forms of signage in residential zones. A-frames used to advertise open houses in other areas, (or sometimes even within Tigard, although they shouldn't have been there). This is a fairly common practice of real estate agents to direct potential clients and "Sunday drivers"to their showings. Staff has routinely impounded signs and cited people who place A-frames in residential zones (more often though, this has been the result of those signs being placed in the right-of-way). To address the needs of real estate agents, the applicant met with staff to develop some preliminary text revisions. Staff suggested that certain limitations be added to protect neighborhoods from sign accumulation and clutter. The proposed amendment language is the result of that collaboration. Staff has since discovered that due to the construction of the sign code and the manner in which one of the definitions is written,A-frame signs would have no longer been allowed in commercial zones. A revision is suggested to change the definition of Lawn Sign: c. Lawn Sign -temporary signs placed on private property supported by one stick, post, rod, or A-frame in or on the ground. A lawn fre° rg sign in residential zones whit ►is exempt from sign permit requirements provided the size requirements in Subsection 18.780.060{B } can be met. A lawn sign in commercial or industrial zones is subject to temporary permit requirements as provided for in Subsection 18.780.100. This resolves the issue with allowing A frames in commercial zones, however, there remains a disparity between the two zoning classifications in that commercial zoned properties are required to obtain a $15 permit good for 30 days to place their signs, while residentially zoned properties do not. Considering the amount of time most residential A-frames would be used (for garage sales, estate sales, open houses)staff feels that a permitting process for these signs would be burdensome to property owners and staff alike. The City's code enforcement officer notes that the majority of sign enforcement is due to placement of signs in the right-of-way, and that this amendment will not resolve those problems. Other issues, such as monitoring when signs are removed, may also be problematic, although it is acknowledged that this provision is intended to discourage signs from being left out for"extended" PLANNING COMMISSION MEETING MINUTES -January 5,2004-Page 2 • • • periods of time. Staff recommends that the Planning Commission amend the sign regulations as proposed by the applicant,with the change previously noted along with any other alterations as determined through the public hearing process and make a final recommendation to the Tigard City Council. Tracy advised that A-frames are generally allowed in most jurisdictions. He also • advised that there are specific sign regulations with home occupation permits. APPLICANT'S PRESENTATION Heather Adams, 12655 SW North Dakota St., Tigard, OR 97223, testified that homeowners are upset that realtors cannot use A-frame signs in the City of Tigard and that she has received citations when she used the signs. She showed signs that the realtors are hoping will be approved. She stated the realtors were not asking to put the signs in the right-of-way. Martha Brooks, 5331 SW Macadam Ave., Suite 207, Portland, OR 97239, spoke on behalf of the Portland Metropolitan Association of Realtors. Her testimony is attached as Exhibit A. Commissioner Sutton asked about the importance of an A-frame sign as opposed to a sign on a stick. It was acknowledged that off-site directional signs are easier to place if they are A-frame signs. PUBLIC TESTIMONY— IN FAVOR Rob Blakely, 11645 SW Hazelwood Loop, Tigard, OR 97223, said he is embarrassed that Tigard has such a restrictive sign code and urged the Commission to approve the proposed amendments. Pat Savage, 16902 SW Steele Way, Beaverton, OR 97006, testified that she has had directional signs removed that were not in the right-of-way. She asked why signs couldn't be placed in the right-of-way if they weren't in anyone's way. Melvin Broadous, 7885 SW Fanno Creek Dr., Tigard, OR 97224, noted the difficulty in complying with regulations and still being able to do business. He encouraged the proposed changes to allow more signage area. Michael Curtis, 12549 SW Main St., Tigard, OR 97223, said this is an issue in every municipality. He reported that signage is best way to advertise. He believes at least 50% of his business comes from advertising with signs. • _ Bill Barry, 7535 SW Greenwood Dr., Portland, OR 97223, asked the Commissioners if they had ever sold a home and, if so, did signs help in the sale. Mike Lavios, 2450 Glen Haven Rd., Lake Oswego, OR 97034, said other speakers had already addressed his issues. PLANNING COMMISSION MEETING MINUTES -January.5,2004-Page 3 • • Richard Boyce, 7800 SW Bond St., Tigard, OR 97224,.spoke on behalf of the Business Advocacy Committee to the Tigard area Chamber of Commerce. This issue has been discussed by their group several times. They are in support of this ordinance amendment. Commissioner Buehner noted that people have differing opinions about the number of signs (too many or not enough) in Tigard. Jim Poison, 14400 SW McFarland Blvd., Tigard, OR 97224, said he would personally like to see directional signs disappear, but A-frames are essential to doing business. Bill Hester, 15962 SW Enna Ct., Tigard, OR 97224, complained about the Code Enforcement Officer. PUBLIC TESTIMONY— IN OPPOSITION . None PUBLIC HEARING CLOSED After discussion, Commissioner Buehner moved to recommend to Council to amend all of the subsections related to application ZOA 2003-00002, to amend the code to provide that the sign code allow signage up to 24 square.feet in residential zones and specifically allowing A-frame signs (to delete them from the ban) and putting them under"Temporary Signs", but only on the property of the owner. There was no second to the motion. The motion failed due to a lack of a second. Commissioner Sutton moved that the Planning Commission recommend to Council that they approve the sign ordinance amendment, ZOA 2003-00002, as written, with the exception in section 18.780.060 that the total of 24 square feet include all signs, including the 4"x24" riders (strike the "plus one sign not to - exceed 4 inches by 24 inches may additionally be attached to a lawn sign") and a further exception that instead of 6 square feet per face, that it be 4 square feet per face on any of the signs within that 24 square feet, to apply to all residential zones. There is no point in distinguishing between A-frames and stick signs; the maximum shall be 4 square feet per face on any of the signs, with a maximum of 24 square feet per property. Commissioner Haack seconded the motion. The motion passed by a vote of 4-2 with one abstention. 6.2 ZONE ORDINANCE AMENDMENT (ZOA) 2003-00003 BILLBOARDS & FREESTANDING FREEWAY ORIENTED SIGNS CODE AMENDMENT REQUEST: To review and amend the Tigard Sign Code Chapter 18.780 to clarify language regarding"Billboards" and "Freestanding Freeway Oriented Signs," and to amend the language of Section 18.230.030 to make the definition of"Responsible Party" consistent with Tigard Municipal Code Section 18.740.020(A)(1-3). LOCATION: Citywide. ZONE: N/A. APPLICABLE REVIEW CRITERIA: Statewide Planning Goals 1 and 2; Comprehensive Plan Policies 1 and 2; and Community Development Code Chapters 18.230, 18.380, PLANNING COMMISSION MEETING MINUTES -January 5,2004-Page 4 • • • 18.390 and 18.780. STAFF REPORT Associate Planner Brad Kilby presented the staff report. He reported that in April 1993, the Tigard City Council agreed to prohibit billboard signs in the Tigard city limits, but in the course of writing code, there were some terms that were left vague. Earlier this year, two companies applied for building permits to construct billboards along Hwy. 217. The City denied the permits based on the size and heights of the signs. The companies fled appeals with the Oregon Land Use Board of Appeals. The City prevailed with the appeals, however, LUBA thought we needed to clarify our code. The proposed amendments will accomplish the following objectives: • Amend the definition of"Responsible party" in Section 18.230.030 to be consistent with the definition of"Responsible party" in the Tigard Municipal Code. • Amend the Purpose statement of the Tigard Development Code (TDC) • Chapter 18.780 to delete the adoption of the Oregon Motorist Information Act (OMIA) by reference. • Amend the definition of"Billboard" to mean signs larger than the maximum size allowed. • Delete the term "Billboard structure." • Delete the term "Public sign." • Require that OMIA,permitted signs be reviewed by City of Tigard staff through a type I process. • Delete the requirement for a sign code exception by the Commission in order to allow freeway-oriented signs. • Delete the amortization clause for Billboards along Highway 99W with the amortization date of June 10, 1998. PUBLIC TESTIMONY None PUBLIC HEARING CLOSED After discussion, Commissioner Buehner, with regard to ZOA 2003-0003, moved that the Commission recommend to City Council approval of the proposed changes to the sign code amendment and section 18.280 as submitted, based on findings in the staff report and discussion held. Commissioner Caffall seconded the motion. The motion passed unanimously. 7. GOAL 5 SITE SPECIFIC ESSE ANAYLSIS UPDATE/RECEIVE PLANNING COMMISSION COMMENTS This agenda item was cancelled. It will be rescheduled for a later date. PLANNING COMMISSION MEETING MINUTES -January 5,2004-Page 5 • • 8. OTHER BUSINESS The Commission will meet on January 26th for a Comprehensive Plan workshop. 9. ADJOURNMENT The meeting adjourned at approximately 9:10 p.m. Jerree Gaynor, Planning Commission Secretary ATTEST: President Mark Padgett PLANNING COMMISSION MEETING MINUTES -January 5,2004-Page 6 • Portland Metropolitan • P M A R ExA;t),+ Association of Realtors® TESTIMONY BEFORE THE CITY OF TIGARD PLANNING COMMISSION JANUARY 5,2004 ON CODE AMENDMENT TO ALLOW THE PLACEMENT OF TEMPORARY A-FRAME SIGNS IN RESIDENTIAL ZONES ZOA 2003-00002 Good evening. I am Martha Brooks,vice president of Governmental Affairs for the Portland Metropolitan Association of Realtors'located at 5331 SW Macadam Avenue, Suite 207, Portland, Oregon 97239. In addition to serving in this capacity,I am also a Realtor®,with more than 16-years of experience,with an office in the Tigard Triangle. On behalf of the 5700 members of the Portland Metropolitan Association of Realtors'',I urge your support of the Zone Ordinance Amendment(ZOA 2003-00002)to allow temporary a-frame signs in residential zones. The proposed amendments before you are the result of Realtors® sitting down with City Staff to find a way that will allow Realtors®to adequately market the citizen's of Tigard's homes without seriously compromising the appearance of the City. We appreciate being able to work with City Staff on drafting the amendments. Dick Bewersdorff and Morgan Tracy were easy to work with and accessible through out the process. They should be complemented The proposed amendments to the City's Development Code will facilitate active home sales to the benefit of the entire community. No one—the seller,the neighbors,or the police—want a home on the market or sitting vacant for an unnecessarily long period of time. A-frame signs properly direct prospective homebuyers to the homes for sale or rent and underscore a vibrant marketplace. Every day,individuals and families are buying and selling homes in Tigard. In 2002, Realtors® helped sell more than$286 million worth of property in the City. In 2003,Realtors®were part of transactions totaling more than$329 million. The benefit to the community of home sales is extensive. It is estimated that roughly 30-percent of the new home occupant's income is spent on items produced by local businesses, such as medical care, daycare,and services such as dry cleaning and auto repair(source: The Importance of America's Housing Sector to the Economy, David Lereah,National Association of Realtors®, Winter 2003). 5331 SW Macadam Avenue,Suite 207 I E Portland,OR 97239 503.228.6595 REALTort Fax 503.228.4170 • • Portland Metropolitan Association of Realtors® Before the City of Tigard Planning Commission January 5,2004 Page 2 Helping maintain the vitality of a city—a conununity—is what Realtors® do. Realtors®are business people who serve the community; assist the residents and tax payers of the city. We help people realize the American Dream of homeownership. One of the tools we use in our business is signs. We place signs on the property to communicate to potential buyers. We use signs to assist people in finding homes in this community that are for sale. Our clients ask us to use,and want us to use,signage to market their home. We fully support the proposed changes to the City's code that will increase the allowed square footage of sign and allow A-frame style signs on private property in residential zones. The increase in allowed square footage allows the home seller to convey a message as to the value of the home to the potential buyer. It can also let a potential buyer know when the house will be open for viewing. A-frame signs—simply a four-sided sign with a message on two sides—are an industry standard which are easily recognized by the public as a communication tool used by Realtors®. A-frames are less intrusive to the environment in that they are not stuck into the ground where damage can be done to irrigation systems and vegetation. A-frames are temporary in nature being put up and removed frequently. And,moved from location to location. It is not practical that they be a stick-sign. We agree that the hours of allowed use should be limited to 8:00 a.m. to 6 p.m. Real estate open houses, garage and estate sales, Christmas tree recycling and the like are events that do not extend into the evening hours. Thus there is no need for the a-frame sign to remain standing beyond 6 p.m. In conclusion,the members of the Portland Metropolitan Association of Realtors®ask you support of the sign code amendments before you and ask that you recommend to the City Council adoption of the changes. I appreciate your consideration of these comments and am available to answer any questions. Thank you. • • • Attachment 3 Agenda Item: 6 - 2 Hearing Date: January 5,2003 Time: 7:30 PM .437:;,x l' +�. .7iilC".dxisn Y4Y 't., •., ; �s:•;f .J ,.!s9 t �.!"� :yf..:,r�: � b: 1-'•�i•1^ 't. u' �'^L 4 •}':r s � � �'f ' «�n�' ,- ..�•si.:^,. �,• c�rF., a, r j ..v (s-rx:. 'PI.fi5 '015 i (:111W-e e , i is o t l 't�A"''q#- s# yz'" f(rd. P.i•i;3t' G.,cJY U�d( .s .t.y�i�.1. �I� '�t„ h��'� a'•�Y,'„t,?5 £a.:. _ !��;? gin.. ,`-. r/f i i`t.t,' I tat!'.•. ,f:%L' , t:�''�iro '� �'< <x, �. Y3(:'_� L, �s 7•ti4E. <:# •1�•- ,.• ..p 44,S .f . , . .s'` •^t+"�?a"r 'LdN's ok r...: r_....,�',i. _":# ;k,.. ,'�5 :S;Y .,at . �,;t�;i . l , :;�an.i.e�.; �n�r..1 ,�i sr 2L.,�.r' ' �E.�.� E'r'3 1 .1 }l:�.r.t?I . aE:e'tr`�it r (.f'_ .� Y+i� � rr ,4 ,y:'a4t;1 'Y ,J„wif •!h14 kr, 9 :.r ..Fa3 . l iii..., 91. �>,;E4c y. t;{'�.%a�i:' '. z�v. a Ok.i'�t, 15"3 !�.r o_�E ? }y� iuvi a.+i V.4, ",i1; fl .":.r •t, �,A I7;ii : elf r kl• r# 7�7?.a,,.1 .. ,}:1�?tir?���,Sra i. '�" �N © _!'.1` 1 f� i••`".-+r,.57� r,E,• �_• tW"-'1-:'. ItY�-�'-r•4� � tt�� 7i i ��i#� ,.�,' .. ,1E:..�•'r. �s.,i�..,��•,, .t F' '?:.�4'iP'� •! fi � {�1 ; `)�� I=f' Ile sqop R f:C1 :E0F`T Gi RDiT` O .O ' r: r� ; • 'i{��{yj,y�(- tit sG�v.,� '�r ''}r�� ,:7`.`• Erd'..1�:�`''�.�', '1: r. �J1r'' • �! '[. �• <�'i ev,fh, SECTION L APPLICATION SUMMARY • FILE NAME: SIGN CODE AMENDMENT CASE NO.: Zone Ordinance Amendment (ZOA) ZOA2003-00003 PROPOSAL: To review and amend the Tigard Sign Code Chapter 18.780 to clarify language regarding "Billboards" and "Freestanding Freeway oriented signs," and to amend the language of Section 18.230.030 to make the definition of "Responsible Party" consistent with Tigard Municipal Code Section 18.740.020(A)(1-3). • APPLICANT: City of Tigard Attn: Brad Kilby 13125 SW Hall Boulevard Tigard, OR 97223 ZONE: N/A. LOCATION: Citywide. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.230 18.380, 18.390 and 18.780; Comprehensive Plan Policies 1.1.1 and 2.1.1; and Statewide Planning Goals land 2. SECTION II. STAFF RECOMMENDATION �s+� ir' •., -"5., .rist; :J,d. . c_'. : .3t.r •'StkY•-. .F; 411744;17:,-- .y � ..� .. s'.: ,ice,. '�"r rf��:%:�,•�.;'1;,:...?. '+ns�.�l7?•S Stat-rjet'os men®s,4?, -the`ADe a.ping°Co ssio .mend. °garde l evelo 0 r� n a : 0 � t li,: oT ® <e Sfa: A` �: �,Will ece4 e.a. o° °;,n � K. ig rdt.ete g a t�,o� �; .® � �_ e ,J,. C''L ig.•r:r;c;.t� .l `F?;': ;vi`�` .:.:�:i'J' ��=ire`".,s• i;'==-%t�'s�;:w,.k,.,. .;;Y; ii�i:s,l�. ,tip' :n.J.::.rr.;i:•.f:: cr..�Y;�:r-t .�;�,, ..:.:� l.. "ri'..+ru_ .�t�i 31;. �.Y'-}y�': t��•:�..qtr e4�'t:,l:.�,,r J:.. K _.1:.. ��t•a.4 �E`�suw:�„ j rs {),' � n'Il. a al.S .a`T:•y::r:.ir' .' ..r.' i:..Y� Y4 ,et �- :1_' 1 ahf!':;r-!&�'t�" vim:`=i.�tJ,y� •'r.. � +it#,,, � _ , ^.. :r`1#'-t�. ..uia•,� .."�)... r-,.a-_ .6�..�17{'N.tyr,_�YC3..'; '.us.�r,"�?'tfr :;i ;•r. �...:., .•i,'u+TM. .- �`' ZOA2003-00003 PAGE 1 OF 5 115103 PUBLIC HEARING STAFF REPORT TO PLANNING COMMISSION • • SECTION III. BACKGROUND INFORMATION On April 13, 1993, the Tigard City Council, by majority vote, agreed to prohibit billboard signs in the Tigard city limits, and to remove the approval criteria for billboard signs from the Special Condition Signs section.of then TDC Section 18.114.090. Earlier this year, West Coast Media, LLC, and later Media Arts, Inc. applied for building permit approval to construct "freeway Oriented" signs under the premise that if they received approval from ODOT and pursuant to the Oregon Motorists Information Act (OMIA) they would not be subject to separate review from the City of Tigard. City planning staff recommended to the Building Official that the building permits for the signs be denied after finding that the signs that were applied for exceeded the maximum allowable size and height for "freeway oriented" signs, and that in fact, the signs that were applied for appeared to be billboards. The Building official denied approval of the permits, and the two companies filed appeals with the Oregon Land Use Board of Appeals. The appeals were based on language in Tigard Development Code, Chapter 18.780. Subsequently, staff requested an interpretation from the Community Development Director that was appealed to the Tigard City Council. The City Council heard the appeals on June 10th and July 8th 2003. The Council resolved to uphold the Community Development Directors' interpretation. The appeals at LUBA continued. In the meantime, staff in coordination with the City Attorney has drafted changes to be considered as code amendments. LUBA heard oral arguments on November 20, 2003, and expects to issue a decision on this issue sometime in late December. The other issue that is proposed. for amendment is to ensure that the definition of "responsible party" in the Development Code is consistent with the definition of "responsible party" in the Municipal Code for enforcement proceedings. Currently, the definition of "responsible party" in the Tigard Development Code is less inclusive than the definition of "responsible party" in the Tigard Municipal Code. Recent decisions in court have resulted in the City not being able to hold property owners, managers, and agents responsible for violations at their properties when cited under Title 18, and, to instead only cite the tenants. In cases as widely varied as illegal signs to illegal usages of properties, the current Title 18 definition restricts the City from forcing landowners to take an active and proactive role in their properties. This alleviates the owners and managers of properties of their responsibility to supervise their assets, leaving the burden on the City and the neighbors. By only being able to cite the tenants, workloads and problems are seen repeatedly in the same locations as tenants change. SECTION IV. SUMMARY OF APPLICABLE CRITERIA Chapter 18.380 states that legislative text amendments shall be undertaken by means of a Type IV procedure, as governed by Section 18.390.060G. Chapter 18.390.060G states that the recommendation by the Commission and the decision by the Council shall be based on consideration of the following factors: The Statewide Planning Goals and Guidelines adopted under Oregon Revised Statutes Chapter 197; ZOA2003-00003 PAGE 2 OF 5 1/5/03 PUBLIC HEARING STAFF REPORT TO PLANNING COMMISSION • • Notice was provided to DLCD 45 days.prior to the first scheduled public hearing as required. in addition, the Tigard Development Code and Comprehensive Plan have been acknowledged by DLCD. The following are the applicable Statewide Planning Goals that are applicable to this proposal: Statewide Planning Goal 1 -- Citizen Involvement: This goal outlines the citizen involvement requirement for adoption of Comprehensive Plans and for changes to the Comprehensive Plan and implementing documents. This goal has been met by complying with the Tigard Development Code notice requirements set forth in Chapter 18.390. Notice has been published in the Tigard Times Newspaper prior to the public hearing. Two Public Hearings are held (one before the Planning Commission and the second before the City Council) in which public input is welcome. Statewide Planning Goal 2— Land Use Planning: This goal outlines the land use planning process and policy framework. The Comprehensive Plan was acknowledged by DLCD as being consistent with the statewide planning goals. The Development Code implements the Comprehensive Plan. The Development Code establishes a process for and policies to review changes to the Development Code consistent with Goal 2. The City's plan provides analysis and policies with which to evaluate a request for amending the Code consistent with Goal 2. Any applicable Metro regulations; There are not applicable Metro regulations with respect to signage or enforcement. • Applicable Comprehensive Plan Policies: Comprehensive Plan Policy 1.1.1: This policy states that all future legislative changes shall be consistent with the Statewide Planning Goals and the Regional Plan adopted by Metro. As indicated above under the individual Statewide and Regional Plan goals applicable to this proposed amendment, the amendment is consistent with the Statewide Goals and Regional Plan. Comprehensive Plan Policy 2.1.1: • This policy states that the City shall maintain an ongoing citizen involvement program and shall assure that citizens will be provided an opportunity to be involved in all phases of the • planning process. Notices of all hearings are published in the Tigard Times, and notice will be published again prior to the City Council public hearing. Public input has been invited in the notice. • Any applicable provision of the City's implementing ordinances. a • • Z0A2003-00003 PAGE 3 OF 5 • 1/5/03 PUBLIC HEARING STAFF REPORT TO PLANNING COMMISSION • • Code Section 18.380: This section regulates amendments. It outlines the process for reviewing Development Code Text Amendments. The present amendment will be reviewed under the Type- IV legislative. procedure as set forth in the chapter. Code Section 18.390: This chapter establishes standard decision-making procedures for reviewing applications. The amendment under consideration will be reviewed under the Type IV legislative procedure as detailed in the chapter. Code Section 18.230: This chapter establishes enforcement procedures for violations of the Tigard Community Development Code. This section is not considered an applicable review section for the purpose of this application. Rather, the term "responsible party" from this section is proposed to be changed. Code Section 18.780: The purpose of this chapter is to regulate the size, location, quality of materials, and maintenance of all signs visible from the public right of way. Again, this section of the code is not an applicable review section for this application. The proposal at hand would affect the language and definitions of this section. SECTION V. STAFF ANALYSIS The legislative history is clear. The legislative body of the City of Tigard, and therefore the citizens elected spokesmen have chose to prohibit "Billboards" not once, but twice in the past ten years. That decision has been jeopardized by language that is arguably vague and other language that was inadvertently left in the Development Code. While we cannot control the content of signs, we do have the ability to regulate size, location, and even. building materials in the interest of health, safety, and welfare. in summary, the amendments will accomplish the following objectives: • Amend the definition of "Responsible party" in Section 18.230.030 to be consistent with the definition of"Responsible party" in the Tigard Municipal Code. • Amend the Purpose statement of the Tigard Development Code (TDC) Chapter 18.780 to delete the adoption of the Oregon Motorist Information Act (OMIA) by reference. • Amend the definition of "Billboard" to mean signs larger than the maximum size allowed. • Delete the term "Billboard structure." • Delete the term "Public sign." • Require that OMIA permitted signs be reviewed by City of Tigard staff through a type I process. ZOA2003-00003 PAGE 4 OF 5 115/03 PUBUC HEARING STAFF REPORT TO PLANNING COMMISSION • • • Delete the requirement for a sign code exception by the Commission in order to allow freeway-oriented signs. + Delete the amortization clause for Billboards along Highway 99W with the amortization date of.June 10, 1998. • SECTION VI. OTHER ALTERNATIVES As this is an amendment to clarify the legislative intent as reflected by the past and recent actions of the Tigard City Council, the other alternative is to leave the development code as is. SECTION VII. ADDITIONAL CITY STAFF & OUTSIDE AGENCY COMMENTS . The Tualatin Valley Fire and Rescue Department has had an opportunity to review this proposal and has found that the proposal does not conflict with their interests. The City of Tigard Engineering Department has had an opportunity to review this proposal and have no objections. The City of Tigard Public Works and Operations Department has had an opportunity to review this proposal and have no objections. The City of Tigard Police Department has had an opportunity to review this proposal and have no objections. The City of Building Division has had an opportunity to review this proposal and have no objections. Washington County Department of Land Use and Transportation, DLCD, ODOT, Tualatin Valley Water District, Clean Water Services, and Metro Land use and Planning Growth Management have all had an opportunity to review this proposal and have offered no comments or objections to the proposed Zone Ordinance Amendment. ATTACHMENTS Exhibit A: Proposed amendments to the Community Development Code Chapters 18.230 and 1 8.780. rf � December 19, 2003 PREPARED BY:Brad Ki by DATE Associate Planner 4 December 19, 2003 APPR VED BY:Richard Bewersdorff DATE Planning Manager ZOA2003-00003 PAGE 5 OF 5 115/03 PUBLIC HEARING STAFF REPORT TO PLANNING COMMISSION • • "EXHIBIT A" • • PROPOSED CHANGES ADDITIONS: Indicated by WAI N@ • DELETIONS: Indicated by SAKE-THROU# •(Additionally,a bar in the far right margin also indicates where a change has been made. Example:-3 I ) • • • Chapter 18.230 ENFORCEMENT Sections: 18.230.010 Provisions of this Title Declared to be Minimum Requirements 18.230.020 Violation of Title Prohibited 18.230.030 Penalty 18.230.040 Complaints Regarding Violations 18.230.050 Inspection and Right of Entry 18.230.060 Abatement of Violations 18.230.070 Stop-Order Hearing 18.230.010 Provisions of this Title Declared to be Minimum Requirements A. Minimum requirements intended. In their interpretation and application, the provisions of this title shall be held to be.minimum requirements,adopted for the protection of the public health,safety,and general welfare. B. Most restrictive requirements apply.When the requirements of this title vary from other provisions of this title or with other applicable standards, the most restrictive or that imposing the highest standard • shall govern: 18.230.020 Violation of Title Prohibited A. Violation of title prohibited. No person shall erect, construct, alter, maintain or use any building or structure or shall use,divide or transfer any land in violation of this title or any amendment thereto. 18.230.030 Penalty A. Class I penalty. A violation of this title shall constitute a CIass 1 civil infraction which shall be processed according to the procedures established in Chapter 1.16 of this code,Civil Infractions. B. Each violation a separate infraction.Each violation of a separate provision of this title shall constitute a separate infraction, and each day.that a.violation of this title is committed or permitted to continue shall constitute a separate infraction. • C. Abatement of violation required.A finding of a violation of this title shall not relieve the responsible party of the duty to abate the violation. The penalties imposed by this section are in addition to and not in lieu of any remedies available to the City. -- .- •.-• - .. • : • . - . . - ••bjcct to the-penalties-imposed-by this-seetion:"Responsible party" means the person responsible for curing or remedying a violation, which includes: 1. The owner of the property, or the owner's manager or agent or other person in control of the property on behalf of the owner: 2. The person occupying the property, including bailee, lessee, tenant or other person having possession Enforcement 18.230-1 11/26/98 • 0 • 3. The person who is alleged to have committed the acts or omissions, created or allowed the condition to exist,or placed the object or allowed the object to exist on the property. 18.230.040 Complaints Regarding Violations A. Filing written complaint.Whenever a violation of this title occurs, or is alleged to have occurred, any person may file a signed,written complaint. B. File complaint with Director.Such complaints,stating fully the causes and basis thereof,shall be filed with the Director. The Director shall properly record such complaints, investigate and take action thereon as provided by this title. • 18.230.050 Inspection and Right of Entry A. Right of entry:Whenever the Director has reasonable cause to suspect a violation of any provision of this chapter exists or when necessary to investigate an application for or revocation of any approval under any of the procedures described in this title, the Director may enter on any site or into any structure for the purpose of investigation, provided that no premises shall be entered without first attempting to obtain the consent of the owner or person in control of the premises if other than the owner. B. Search warrant. If consent cannot be obtained, the Director shall secure a search warrant from the City's municipal court before further attempts to gain entry, and shall have recourse to every other remedy provided by law to secure entry. 18.230.060 Abatement of Violations A. Abatement of violations.Any development or use which occurs contrary to the provisions of this title or contrary to any permit or approval issued or granted under this title is unlawful, and may be abated by appropriate proceedings. 18.230.070 Stop-Order Hearing • .A. Stop order issued. Whenever any work is being done in violation of the provisions of the Code or a condition of any permit or other approval granted pursuant hereto, the Director may order the work stopped by notice in writing served on persons engaged in doing such work or causing such work to be done. All work under the permit or approval shall cease until it is authorized to continue. B. Stop-order hearing. The Director shall schedule a hearing if requested on the stop order for the • soonest practicable date, but not more than seven (7) days after the effectiveness of any required notice. At the discretion of the Director,such hearing may be: 1. Part of a hearing on revocation of the underlying permit or approval pursuant to Section 18.390.050;or 2. Solely to determine whether a violation has occurred. The Hearings Officer shall hold this hearing and shall make written findings as to the violation within seven(7)days. Upon a finding of no violation, the Hearings Officer shall require the issuance of a resume work order. Upon finding a violation, the stop-order shall continue to be effective until the-violating party furnishes • Enforcement 18.230-2 11/26/98 • • Chapter 18.780 SIGNS • Sections: • 18.780.010 Purpose 18.780.012 Effective Date of this Chapter 18.780.015 Definitions 18.780.020 Permits Required 18.780.030 Permit Approval Process 18.780.040 Expiration of Approval: Standards for Extension of Time 18.780.050 Inspections 18.780.060 Permit Exemptions 18.780.070 Certain Signs Prohibited 18.780.080 Sign Illumination 18.780.085 Sign Measurement 18.780.090 Special Condition Signs 18.780,100 Temporary Signs 18.780.110 Nonconforming Signs 18.780.120 Sign Removal Provisions: Nonconforming and Abandoned Signs • 18.780.130 Zoning District Regulations 18.780.140 Sign Code Adjustments • 18.780.010 Purpose • A. General purposes. The purposes of this chapter are: 1. To protect the health, safety,property and welfare of the public; 2. To promote the neat,clean,orderly and attractive appearance of the community; 3. To accommodate the need of sign users while avoiding nuisances to nearby properties; 4. To insure for safe construction, location,erection and maintenance of signs; • 5. To prevent proliferation of signs and sign clutter; and 6. To minimize distractions for motorists on public highways and streets. 7. To regulate solely on the basis of time,place and manner of a sign,not on its content. B. Sign quality. In addition, it is the purpose of this chapter to regulate the design, quality of materials, construction, location, electrification, illumination and maintenance of all signs visible from public property or from public rights-of-way. C. Compliance with other laws and regulations. It is not the purpose of this chapter to permit the erection or maintenance of any sign at any place or in any manner unlawful under any other ordinance,or state or federal law. . Signs 18.780-1 SE Update: 03102 1 - • 18.780.012 Effective Date of this Chapter A. Effective date. All references made in this chapter to the effective date of this chapter shall mean November 9, 1983,unless otherwise specifically stated in an ordinance revision. 18.780.015 Definitions A. Definitions. As used in this title, unless the context requires otherwise, the following words and phrases shall have the meanings set forth in this chapter. The definitions to be used in this chapter are in addition to Chapter 18.110,Definitions,and are as follows: • I. " `A'board sign"means any double face temporary rigid sign; 2. "Abandoned sign"means a structure not containing a sign for 90 continuous days or a sign not in • use for 90 continuous days; 3. "Area"-see Section 18.780.085 for definition of sign area; 4. "Awning sign"means a wall sign incorporated into or attached to an awning; • 5. "Balloon"-see"Temporary sign"; 6. `Banner"- see"Temporary sign"; • 7. `Bench sign"means a bench designed to seat people which carries a written or graphic message; 8. "Billboard"means a : - •:.. . : • :.. i i•. : . . -•, -; . freestanding sign in excess of the maximum size allowed,with adjustments, in the locations where it is located • or proposed to be located. 9_ 10. "Building official" means officer or designee of the City empowered to enforce the Uniform Building Code; 10. —1-1-.-"Business" means all of the activities carried on by the same legal entity on the same premises and includes charitable, fraternal,religious, educational or social organizations. "Legal entity" includes, but is not limited to, individual proprietorships, partnerships, corporations, nonprofit corporations,associations or joint stock companies; 11. -1-1.=`Construct" means every type of display in the form of letters, figures, characters and/or representations; 12. . 13. "Cutout" means every type of display in the form of letters, figures, characters and/or I representations in cutout or irregular form attached to or superimposed upon a sign; 13. .-4-"Development review" means the site development review process set forth in Chapters I 18.360; • Signs 18.780-3 SE Update: 03/02 • • 14. -3-"Directional sign" means a permanent sign which is designed and erected solely for the I purpose of traffic or pedestrian direction and placed on the property to which the public is directed; 15. -16-"Display surface" means the area made available by the sign structure for the purpose of displaying the advertising or identification message;. • 16. 17. "Electrical sign"means any sign utilizing electrical wiring; 17. -8-"Electronic information sign"means signs, displays, devices or portions thereof with lighted I messages that change at intermittent intervals, each lasting more than two seconds, by electronic process or remote control. Electronic information signs are not identified as rotating,revolving or moving signs. Also known as an automatic changeable copy sign or electronic variable message center; 18. 4-9-"Face of a building"means all windows and wall areas of a building in one or more parallel planes; 19. 20. "Flashing sign"means any sign which is illuminated by an intermittent or sequential flashing light source whose interval is two seconds or less in duration, or which is in any other way animated so as to create the illusion of movement without actual physical movement or the illusion of a flashing or intermittent light or light source; 20. -h-"Flush pitched roof sign" means a sign attached to a mansard or similar type of vertically aligned roof; 2l. 22. "Freestanding sign"means a sign erected and mounted on a freestanding frame,mast or pole and not attached to any building; 22. 23. "Freeway interchange"means any intersection of an exit off-ramp of Interstate Highway 5 or State Highway 217 with a surface street; • 23. 24—"Freeway-oriented sign"means a sign primarily designed to be read by a motorist traveling on a highway designated by the Oregon State Highway Department as a freeway or expressway; specifically, these shall be Interstate 5 and Oregon State Highway #217, and shall not include Highway 99W; 24. 267-"Frontage"means the length of the property line of any one premises along a public roadway; I 25. 24.-"Housing complex,"means a grouping of one or more single-family attached residential units or one or more multi-family residential units; 26. 27. "Immediate or serious danger"means: a. Whenever any portion of the structure is damaged by fire, earthquake, wind, flood or other • causes,and any member or appurtenance is likely to fail,become detached or dislodged,or to collapse and thereby injure persons or damage property; b. Whenever any portion of the structure is not of sufficient strength or stability or is not so anchored, attached or fastened in place as to be capable of resisting a wind pressure of one- half of that specified in the Uniform Building Code for this type structure or similar structure, Signs 18.780-4 SE Update: 03/02 • • and will not exceed the working stresses permitted in the Uniform Building Code for such structures;and c. Whenever the location of the sign structure obstructs the view of motorists traveling on the public streets or private property, and thus causes damage to property or thereby injures persons. 27. 28. "Industrial Park" means a parcel of land which complies with the requirements set forth in Chapter 18.530; 28. 29. "Lawn sign"-see "Temporary sign"; 29. - 30. "Lighting methods"means: a. Direct-exposed lighting or neon tubes on the sign face; b. Flashing-lights which blink on and off randomly or in sequence; • c. Indirect or External- the light source is separate from the sign face or cabinet and is directed so as to shine on the sign;and d. Internal-the light source is concealed within the sign.' 30. 3--"Maintenance"means normal care needed to keep a sign functional such as cleaning, oiling, j changing and repair of light bulbs and sign faces. Does not include structural alteration; 31. 3�."Nonconforming sign" means a sign or sign structure lawfully erected and properly maintained that would not be allowed under the sign regulations presently applicable to the site; 32. 33-"Non-structural trim" means the moldings, battens, caps, nailing strips and latticing, letters . and walkways which are attached to a sign structure; . 33. 347-"Painted wall decorations"means displays painted directly on a wall, designed and intended as a decorative or ornamental feature. Decorations may also include lighting; 34. 33—"Painted wall highlights" means painted areas which highlight a building's architectural or j structural features; • 35. 36-"Painted wall sign"means a sign applied to a building wall with paint and which has no sign I structure; 36. 3-"Person" means individuals, corporations, associations, firms, partnerships and joint stock companies; 37. 3$-"Premises" means one or more lots on which are constructed or on which are to be constructed a building or a group of buildings designed as a unit; 38. 39-"Projecting sign"means a sign attached to a building other than a wall sign in which the sign face is not parallel to the wall. Such sign shall not project above the wall of the building to which it is attached,except where there is an existing parapet; Signs 18.780-5 SE Update: 03/02 • 39. 40-"Projection"means the distance by which a projecting sign extends from a building; 40. 42- -"Reader-board sign" means any sign with changeable copy or a message, except electronic information signs; 41. 43 -"Roof line"means the top edge of a roof or building parapet,whichever is higher, excluding any cupolas,chimneys or other minor projections; 42. 44-"Roof sign" means a sign erected fully upon or directly above a roof line or parapet of a building or structure. Exceptions: include approved temporary balloons, signs attached to existing architectural features and flush mounted"roof'signs; 43. 43-"Rotating, revolving or moving sign" means any sign, or portion of a sign, which moves in any manner; 44. 46. "Shopping center"means developments of not less than eight business units; 45. 47. "Shopping plaza"means developments of between two and seven business units; 46. 48r"Sign"means materials placed or constructed primarily to convey a message or other display and which can be viewed from a right-of-way,another property or from the air; 47. 49-"Sign structure" means any structure which supports or is capable of supporting any sign as described in the Uniform Building Code. A sign structure may be a single pole and may or may not be an integral part of a building; 48. 50-"Structural alteration" means modification of the size, shape or height of a sign structure. Also includes replacement of sign structure materials with other than comparable materials, for example metal parts replacing wood parts; 49. 5-l--"Surface street"means a street which does not have limited access and which is not a freeway or expressway; 50. 5.2 "Temporary sign" means any sign, "A"board frame, banner, lawn sign or balloon which is not permanently erected or permanently affixed to any sign structure,sign tower,the ground or a • building: a. Balloon- an inflatable, stationary temporary sign anchored by some means to a structure or the ground. Includes simple children's balloons, hot and cold air balloons, blimps and other dirigibles; b. Banner-a sign made of fabric or other nonrigid material with no enclosing framework; c. Lawn Sign - a freestanding sign in residential zones which is exempt from sign permit requirements provided the size requirements in Subsection 18380.060 B2. can be met. 51. 53. "Tenant Sign"means a sign placed in control of a current tenant or property owner; Signs 18.780-6 SE Update: 03/02 • • • 52. 34-"Uniform Building Code" means the most recent structural and specialty Oregon Uniform j Building Code as adopted by the Oregon Department of Commerce, and which Uniform Building Code, by this reference, is incorporated in this title to the extent of specific citations thereof in this title; 53. 33-"Wall Sign"means any sign attached to,painted on, or erected against the wall of a building I or structure with the exposed face of the sign in a plane parallel to the plane of the wall. B. General rule. For the purpose of this chapter, words used in the present tense include the future, the singular number includes the plural, "shall"is mandatory and not Directory, and "building"includes "structures"except"sign structures." 18.780.020 Permits Required A. Compliance with regulations. No sign or sign structure shall hereafter be erected, re-erected, constructed,structurally altered or relocated within the City limits except as provided by this title,and . a permit for the same sign or sign structure has been issued by the Director. B. Separate permits for each sign. A separate permit shall be required for each sign or signs for each business entity and a separate permit shall be required for each group of signs on a single supporting structure. • C. Compliance with UBC_ Separate structural permits under the Uniform Building Code shall also apply. D. Electrical permit required. An electrical permit shall be obtained for all illuminated signs, from the enforcing agency subject to the provisions of the State Electrical Code. E. Retroactive sign permits. The Director may require application for sign permits for all signage at a given address if no existing permits previously had been approved or documented. 18.780.030 Permit Approval Process A. Permits for existing signs. Permits for modification of existing signs,or to legalize signs for which a permit was not obtained when it was constructed,will be processed by means of a Type I procedure, as governed by Section 18.390.030,using the requirements of this chapter as approval criteria. B. Permits for new signs. Permits for new signs will be processed by means of a Type I procedure, as governed by Section 1 8.390.030,using the requirements of this chapter as approval criteria. C. Site plan. The applicant shall submit a proposed sign site plan. The Director shall provide the applicant with detailed information about this submission requirement. 18.780.040 Expiration of Approval: Standards for Extension of Time A. Expiration of approval. Sign permit approval shall be effective for a period of 90 days from the date of approval. B. Reasons for lapsing.The sign permit approval shall lapse if: 1. Substantial construction of the approved plan has not begun within the 90 day period;or Signs 18.780-7 SE Update: 03/02 • • • • 1. The sign shall be erected on private property with the consent of the lawful possessor of the property and shall not be placed on utility poles or in the public right-of-way;and 2. At least one sign shall be permitted per parcel of land; additional signs on such.parcel shall be spaced at least 50 feet apart in residential zoning districts and 30 feet apart in nonresidential zoning districts. . C. Exceptions. The sign permit provisions of this section shall not apply to repair, maintenance or change of copy on the same sign (including,but not limited to the changing of a message on a sign specifically designed and permitted for the use of changeable copy), or unlawfully erected or maintained signs. 18.780.070 Certain Signs Prohibited A. Prohibited display of flags and banners. It is a violation of this chapter to erect or maintain strings of pennants, banners or streamers, festoons of Ights, clusters of flags, strings of twirlers or propellers, flashing or blinking lights, flares, balloons and similar devices of carnival character. Exceptions include: 1. National,state and institutional flags properly displayed; 2. Signs and banners approved as temporary signs; and 3. Balloons as allowed in Subsection 18.780.090C. B. Unsafe signs or improperly maintained signs. No sign shall be constructed, erected or maintained unless the sign and sign structure is so constructed, erected and maintained as to be able to withstand the wind,seismic and other requirements as specified in the Uniform Building Code or this title. C. Signs at intersections. No sign shall be erected at intersections of any streets in such a manner as to materially obstruct free and clear vision. All signs shall be consistent with Chapter 18.795 of this title: 1. No sign shall be erected at any location where, by reason of the position, shape or color, that interferes with, obstructs the view of, or could be confused with any authorized traffic signal or device;and 2. No sign shall be erected which makes use of the word "stop," "look," "danger," or any other similar word, phrase, symbol, or character in such manner as is reasonably likely to interfere with,mislead or confuse motorists. D. Obscenity. No sign shall bear or contain statements,,words or pictures in which the dominant theme of the material, taken as a whole, appeals to the prurient interest in sex or is patently offensive because it affronts the contemporary community standard relating to the description or representation of sexual material which is utterly without redeeming social value. E-D. Traffic obstructing signs. No sign or sign structure shall be constructed in such a manner or at such a location that it will obstruct access to any fire escape or other means of ingress or egress from a building or any exit corridor, exit hallway or exit doorway. No sign or supporting structure shall • cover, wholly or partially, any window or doorway in any manner that it will substantially limit access to the building in case of fire. Signs 18.780-10 SE Update: 03/02 • • • C. Balloons. L One inflatable, stationary balloon or one cluster of children's balloons firmly secured shall be allowed only if all of the following conditions are satisfied: a. A City of Tigard sign permit is obtained for each single or cluster of balloons; b. Each owner or legal occupant of property or a building shall be allowed one balloon per year; c. A balloon sign shall be allowed to remain up for a period of no longer than 10 days per year; d. A permit issued for a balloon will serve as one of the three sign permits allowed per business in a calendar year e. Balloons may be permitted as roof signs with a City sign permit; f. The size of a balloon shall not exceed 25 feet in height; and g. The balloon shall be secured to a structure on the ground and shall not be allowed to float in the air higher than 25 feet above the nearest building roof line. • D. Electronic message centers. 1. Electronic Message Center(variable message)sign regulations shall be as follows: a. Electronic message center signs shall be permitted only in the C-G and CBD zones; b. The maximum height and area of an electronic message center sign shall be that which is stipulated in Subsection 18.780.130C; c. An electronic message center shall be allowed to substitute for one freestanding sign or one • wall sign; d. One electronic message center sign,either freestanding or wall-mounted, shall be allowed per premises; e. With regard to light patterns: (1) Traveling light patterns("chaser effect")shall be prohibited; (2) Messages and animation shall be displayed at intervals of greater than two seconds in duration. E. Free-standing freeway-oriented signs. . 1. .- . -- .. : :...:. - = - . .-.: .. . - - - ••- e •- .:. :- .:::. • :. ; - .. . .. •• _ . -:, For signs requiring a permit under the Oregon Motorist Information Act.the City will determine pursuant to a Type 1 process whether the sign meets all applicable City standards and provide that determination to any applicant for a state permit consistent with ORS 377.723. • Signs 18.780-14 SE Update 03/02 • • • 2. Freeway-oriented signs shall be permitted only in the C-G,I-P,I-L and I-H zoning districts; 3. Freeway-oriented signs shall be permitted to be located within 200 feet of Highway 217 and/or Interstate Freeway No. 5 rights-of-way as shown in the Freeway-Oriented Sign (FOS) overlay zone maps in Figure 1; (Figure 1 is on file in the City Recorder's office.) 4. One freestanding freeway-oriented sign shall be allowed per premises; 5. The maximum height of a freeway-oriented sign shall not exceed 35 feet from the ground level at its base; • 6. For freestanding signs a total maximum sign area of 160 square feet per face (320 square feet• total) shall be allowed. • - : • :••• - - • - • - •• • ::•t't shall-a 1 7. Freeway-oriented signs shall be oriented to be viewed from the freeway; 8. In addition to a freeway-oriented sign, each parcel, development complex or premises shall be allowed one freestanding sign provided all other provisions of this chapter can be met and both signs are located on separate frontages with different orientations; 9. Freeway-oriented signs are not permitted as roof, tenant, temporary, balloon, wall and awning signs; F. Awning signs. 1. Awning signs shall be permitted in all zoning districts; 2. The copy on awning signs may not extend above the upper surfaces of the awning structure. They may be hung below the awning if the sign clears the sidewalk by at least 8-1/2 feet, 3. Awning signs may be internally or externally illuminated; and 4. Awning signs may extend into the public right-of-way 6-1/2 feet or 2/3 of the distance to the roadway,whichever is less. However,no sign may extend within two feet of the roadway. State Highway Division approval shall be necessary for awning signs on state highways. G. Flush pitched"roof'sign. 1. Flush pitched roof signs shall be allowed in all zoning districts except residential; 2. The face of flush pitched roof signs may not extend more than six inches above the roof line; 3. Flush pitched roof signs shall be parallel to the building face. They may not extend beyond the building wall. Such surfaces shall be considered part of a wall surface in the calculation of total wall area; Signs 18.780-15 SE Update: 03/02 • • A. Applicability. For the purposes of this chapter,non-conforming signs will be defined as follows: 1. Except as provided in this chapter, signs in existence on March 20, 1978, in accordance with Ordinance Nos. 77-89 and 78-16, which do not conform to the provisions of this chapter, but which were constructed, erected or maintained in compliance with all previous regulations, shall be regarded as nonconforming signs which may be continued until March 20, 1988; 2. Signs in existence on January 11, 1971, which do not conform to the provisions of this chapter, but which were constructed, erected or maintained in compliance with all previous regulations, were regarded as nonconforming signs and could be continued for a period of 10 years from January 11, 1971. All such signs which were not brought into compliance with the standards in Ordinance Nos.77-89 and 78-16 and the extensions granted,are now in violation of this chapter; 3. Signs located on premises annexed into the City after January 115 1971,•which do not comply with the provisions of this chapter, shall be brought into compliance with this chapter within a period of ten years after the effective date of the annexation; 4. Any sign which is structurally altered, relocated or replaced shall immediately be brought into compliance with all of the provisions of this chapter,except the repairing and restoration of a sign on site or away from the site to a safe condition. Any part of a sign or sign structure for normal maintenance shall be permitted without loss of nonconforming status. • B. Restrictions.For purposes of this title,a sign face or message change shall be subject to the following provisions: 1. A sign face or message change on a nonconforming sign is not allowed as an alteration when the affected property and sign structure have been abandoned for greater than 90 days; 2. A sign face or message change shall be allowed as an alteration only for existing conforming signs and for nonconforming signs prior to their amortization expiration date; and 3. No sign permit shall be required for allowable sign face or message changes.. C. Reconstruction. Should a nonconforming sign or sign structure or nonconforming portion of structure be destroyed or repaired by any means to an extent of more than 50%of its replacement cost,it shall not be reconstructed except in conformity with the provisions of this title. D. Requirements for conformance. • 1. Signs in existence on the effective date of this chapter which do not comply with provisions regulating flashing signs; use of par spotlights or rotating beacons; rotating and revolving signs; flags, banners, streamers; or strings of lights, or temporary or incidental-signs; shall be made to conform within 90 days from the effective date of this chapter, - -- 18.780.120 Sign Removal Provisions: Nonconforming and Abandoned Signs Signs 18.780-17 SE Update: 03/02 • • AGENDA City of Tigard TIGARD PLANNING COMMISSION ShapiregA BetterComnaaty JANUARY 5, 2004 7:00 p.m. TIGARD CIVIC CENTER — RED ROCK CREEK CONFERENCE ROOM 13125 SW HALL BOULEVARD TIGARD, OREGON 97223 1. CALL TO ORDER 2. ROLL CALL 3. COMMUNICATIONS 4. APPROVE MINUTES 5. ELECTION OF VICE-PRESIDENT 6. PUBLIC HEARINGS 6.1 ZONE ORDINANCE AMENDMENT (ZOA) 2003-00002 TEMPORARY A-FRAMES IN RESIDENTIAL ZONES SIGN CODE AMENDMENT REQUEST: A Zone Ordinance Amendment to amend the sign regulations to allow temporary A-frame signs in residential zones without a permit subject to size and placement restrictions. LOCATION: Residential Zones. ZONE: N/A. APPLICABLE REVIEW CRITERIA: Statewide Planning Goals 1 and 2; Comprehensive Plan Policies 1 and 2; and Community Development Code Chapters 18.380, 18.390 and 18.780. 6.2 ZONE ORDINANCE AMENDMENT (ZOA) 2003-00003 BILLBOARDS & FREESTANDING FREEWAY ORIENTED SIGNS CODE AMENDMENT REQUEST: To review and amend the Tigard Sign Code Chapter 18.780 to clarify language regarding "Billboards" and "Freestanding Freeway Oriented Signs," and to amend the language of Section 18.230.030 to make the definition of"Responsible Party" consistent with Tigard Municipal Code Section 18.740.020(A)(1-3). LOCATION: Citywide. ZONE: N/A. APPLICABLE REVIEW CRITERIA: Statewide Planning Goals 1 and 2; Comprehensive Plan Policies 1 and 2; and Community Development Code Chapters 18.230, 18.380, 18.390 and 18.780. 7. GOAL 5 SITE SPECIFIC ESSE ANAYLSIS UPDATE/RECEIVE PLANNING COMMISSION COMMENTS 8. OTHER BUSINESS 9. ADJOURNMENT • • Agenda Item: G • 2- Hearing Date: January 5,2003 Time: 7:30 PM G - --d7,STAF REP0R NT04THEv .-,5 -M: ''41; i g axn z Kam ° xo CRYOFTIOARD PLANNIN>G•.COMMITSSIO.N iA,°"+g, ?vx `1r�M-£•3."��`^S�y .zi me:..1 CU�7-' ma u',rs-nea1;i ty.,.�ev, "/-A-4;r,,yr,,t V=Zr _ Sa Afq3CStercommm ITY OF TGARD OREGON0 sa H `;.'����" . f�a e- a��7:'#1 SECTION I. APPLICATION SUMMARY FILE NAME: SIGN CODE AMENDMENT CASE NO.: Zone Ordinance Amendment (ZOA) ZOA2003-00003 PROPOSAL: To review and amend the Tigard Sign Code Chapter 18.780 to clarify language regarding "Billboards" and "Freestanding Freeway oriented signs," and to amend the language of Section 18.230.030 to. make the definition of "Responsible Party" consistent with Tigard Municipal Code Section 18.740.020(A)(1-3). APPLICANT: City of Tigard Attn: Brad Kilby 13125 SW Hall Boulevard Tigard, OR 97223 ZONE: N/A. LOCATION: Citywide. - APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.230 18.380, 18.390 and 18.780; Comprehensive Plan Policies 1.1.1 and 2.1.1; and Statewide Planning Goals land 2. SECTION II. STAFF RECOMMENDATION g ? 5 B x a» •:W :w= aps .a«ww, T��g �i,.°.'���`' -, 'a:�,:"�rrn�:.< �v `•� ax --�,s`�a ,�as,.�.,_,•` �'-; S':`.�:azi" ;;�F"%.�",.. �to,�' fi.ten W..x„ .`e`. :YStaff recommends thatr t =f?lannln. :Cornmissiomieme r �s h�e nd�the,;�Tl and �Development�:Code�-as :a,b.d,Z}n ..p�ff..;r-:,,.'a„g4�.we`,*..: �'", ..Cn.'>"'<kt�l';s. �.;� .7 -µ.�}},<�� y�%fy,.,;w�� .. ;:�'a .%%�".9_.:..�'p .�s+ a^ �„e'a y" .r..x;. ,�.;a}:.. .as> .e + okC " .$�-`•f�.rF ':''4....,a�• --' J t$i°i�+Y .%Y4`i:.'.^v,S.,R.$ t1,�i'dC:Y :;L,,:d'. :a'.r;+' ,,,.��}-°�.. $.•„`a' .~ �. "'V'.”.'3. °determined;throw°h •the ' blIc hearin "°ocess and make=<:a :r..ecammendatron to the :Tigard , � ,� ,r� � sa�- Vin, .�.: � f. �� ,�. .• ��� ',�°3,. .� "a% ,1," ...' s s`�.,`k- a5f -ea": ',�v;,uY'<, ✓'•r,:;,.., 7.?>„'I;:' ,=„'-d $i.r:_^.. 'ra•;. �r;?.;c .':? �`.$.7 -a, _':5'�i'.._^iris. 'FF•" °:,iti: ZOA2003-00003 PAGE 1 OF 5 1/5/03 PUBLIC HEARING STAFF REPORT TO PLANNING COMMISSION • ' SECTION III. BACKGROUND INFORMATION On April 13, 1993, the Tigard City Council, by majority vote, agreed to prohibit billboard signs in the Tigard city limits, and to remove the approval criteria for billboard signs from the Special Condition Signs section of then TDC Section 18.114.090. Earlier this year, West Coast Media, LLC, and later Media Arts, Inc. applied for building permit approval to construct "freeway Oriented" signs under the premise that if they received approval from ODOT and pursuant to the Oregon Motorists Information Act (OMIA) they would not be subject to separate review from the City of Tigard. City planning staff recommended to the Building Official that the building permits for the signs be denied after finding that the signs that were applied for exceeded the maximum allowable size and height for "freeway oriented" signs, and that in fact, the signs that were applied for appeared to be billboards. The Building official denied approval of the permits, and the two companies filed appeals with the Oregon Land Use Board of Appeals. The appeals were based on language in Tigard Development Code, Chapter 18.780. Subsequently, staff requested an interpretation from the Community Development Director that was appealed to the Tigard City Council. The City Council heard the appeals on June 10th and July 8th 2003. The Council resolved to uphold the Community Development Directors' interpretation. The appeals at LUBA continued. In the meantime, staff in coordination with the City Attorney has drafted changes to be considered as code amendments. LUBA heard oral arguments on November 20, 2003, and expects to issue a decision on this issue sometime in late December. The other issue that is proposed for amendment is to ensure that the definition of "responsible party" in the Development Code is consistent with the definition of "responsible party" in the Municipal Code for enforcement proceedings. Currently, the definition of "responsible party" in the Tigard Development Code is less inclusive than the definition of "responsible party" in the Tigard Municipal Code. Recent decisions in court have resulted in the City not being able to hold property owners, managers, and agents responsible for violations at their properties when cited under Title 18, and, to instead only cite the tenants. In cases as widely varied as illegal signs to illegal usages of properties, the current Title 18 definition restricts the City from forcing landowners to take an active and proactive role in their properties. This alleviates the owners and managers of properties of their responsibility to supervise their assets, leaving the burden on the City and the neighbors. By only being able to cite the tenants, workloads and problems are seen repeatedly in the same locations as tenants change. SECTION IV. SUMMARY OF APPLICABLE CRITERIA Chapter 18.380 states that legislative text amendments shall be undertaken by means of a Type IV procedure, as governed by Section 18.390.060G. Chapter 18.390.060G states that the recommendation by the Commission and the decision by the Council shall be based on consideration of the following factors: • The Statewide Planning Goals and Guidelines adopted under Oregon Revised Statutes Chapter 197; ZOA2003-00003 PAGE 2 OF 5 1/5/03 PUBLIC HEARING STAFF REPORT TO PLANNING COMMISSION • • Notice was provided to DLCD 45 days prior to the first scheduled public hearing as required. In addition, the Tigard Development Code and Comprehensive Plan have been acknowledged by DLCD. The following are the applicable Statewide Planning Goals that are applicable to this proposal: Statewide Planning Goal 1 — Citizen Involvement: This goal outlines the citizen involvement requirement for adoption of Comprehensive Plans and for changes to the Comprehensive Plan and implementing documents. This goal has been met by complying with the Tigard Development Code notice requirements set forth in Chapter 18.390. Notice has been published in the Tigard Times Newspaper prior to the public hearing. Two Public Hearings are held (one before the Planning Commission and the second before the City Council) in which public input is welcome. Statewide Planning Goal 2 — Land Use Planning: This goal outlines the land use planning process and policy framework. The Comprehensive Plan was acknowledged by DLCD as being consistent with the statewide planning goals. The Development Code implements the Comprehensive Plan. The Development Code establishes a process for and policies to review changes to the Development Code consistent with Goal 2. The City's plan provides analysis and policies with which to evaluate a request for amending the Code consistent with Goal 2. • Any applicable Metro regulations; There are not applicable Metro regulations with respect to signage or enforcement. • Applicable Comprehensive Plan Policies: Comprehensive Plan Policy 1.1.1: This policy states that all future legislative changes shall be consistent with the Statewide Planning Goals and the Regional Plan adopted by Metro. As indicated above under the individual Statewide and Regional Plan goals applicable to this proposed amendment, the amendment is consistent with the Statewide Goals and Regional Plan. Comprehensive Plan Policy 2.1.1: This policy states that the City shall maintain an ongoing citizen involvement program and shall assure that citizens will be provided an opportunity to be involved in all phases of the planning process. Notices of all hearings are published in the Tigard Times, and notice will be published again prior to the City Council public hearing. Public input has been invited in the notice. • Any applicable provision of the City's implementing ordinances. ZOA2003-00003 PAGE 3 OF 5 1/5/03 PUBLIC HEARING STAFF REPORT TO PLANNING COMMISSION • • Code Section 18.380: This section regulates amendments. It outlines the process for reviewing Development Code Text Amendments. The present amendment will be reviewed under the Type IV legislative procedure as set forth in the chapter. Code Section 18.390: This chapter establishes standard decision-making procedures for reviewing applications. The amendment under consideration will be reviewed under the Type IV legislative procedure as detailed in the chapter. Code Section 18.230: This chapter establishes enforcement procedures for violations of the Tigard Community Development Code. This section is not considered an applicable review section for the purpose of this application. Rather, the term "responsible party" from this section is proposed to be changed. Code Section 18.780: The purpose of this chapter is to regulate the size, location, quality of materials, and • maintenance of all signs visible from the public right of way. Again, this section of the code is not an applicable review section for this application. The proposal at hand would affect the language and definitions of this section. SECTION V. STAFF ANALYSIS The legislative history is clear. The legislative body of the City of Tigard, and therefore the citizens elected spokesmen have chose to prohibit "Billboards" not once, but twice in the past ten years. That decision has been jeopardized by language that is arguably vague and other language that was inadvertently left in the Development Code. While we cannot control the content of signs, we do have the ability to regulate size, location, and even building materials in the interest of health, safety, and welfare. In summary, the amendments will accomplish the following objectives: • Amend the definition of "Responsible party" in Section 18.230.030 to be consistent with the definition of"Responsible party" in the Tigard Municipal Code. • Amend the Purpose statement of the Tigard Development Code (TDC) Chapter 18.780 to delete the adoption of the Oregon Motorist Information Act (OMIA) by reference. • Amend the definition of "Billboard" to mean signs larger than the maximum size allowed. Delete the term "Billboard structure." • Delete the term "Public sign." • Require that OMIA permitted signs be reviewed by City of Tigard staff through a type I process. ZOA2003-00003 PAGE 4 OF 5 1/5/03 PUBLIC HEARING STAFF REPORT TO PLANNING COMMISSION • • Delete the requirement for a sign code exception by the Commission in order to allow freeway-oriented signs. Delete the amortization clause for Billboards along Highway 99W with the amortization date of June 10, 1998. SECTION VI. OTHER ALTERNATIVES As this is an amendment to clarify the legislative intent as reflected by the past and recent actions of the Tigard City Council, the other alternative is to leave the development code as is. SECTION VII. ADDITIONAL CITY STAFF & OUTSIDE AGENCY COMMENTS, The Tualatin Valley Fire and Rescue Department has had an opportunity to review this proposal and has found that the proposal does not conflict with their interests. The City of Tigard Engineering Department has had an opportunity to review this proposal and have no objections. • The City of Tigard Public Works and Operations Department has had an opportunity to review this proposal and have no objections. The City of Tigard Police Department has had an opportunity to review this proposal and have no objections. The City of Building Division has had an opportunity to review this proposal and have no objections. Washington County Department of Land Use and Transportation, DLCD, ODOT, Tualatin Valley Water District, Clean Water Services, and Metro Land use and Planning Growth Management have all had an opportunity to review this proposal and have offered no comments or objections to the proposed Zone Ordinance Amendment. ATTACHMENTS Exhibit A: Proposed amendments to the Community Development Code Chapters 18.230 and 18.780. Zre,Z December� 19, 2003 PREPARED BY:Brad Ki by DATE Associate Planner A December 19, 2003 APPR•VED BY:Richard Bewersdorff ! DATE Planning Manager ZOA2003-00003 PAGE 5 OF 5 1/5/03 PUBLIC HEARING STAFF REPORT TO PLANNING COMMISSION • • "EXHIBIT A" • PROPOSED CHANGES ADDITIONS: Indicated by UNDERLINE DELETIONS: Indicated by (Additionally,a bar in the far right margin also indicates where a change has been made. Example:--> I ) • • Chapter 18.230 ENFORCEMENT Sections: 18.230.010 Provisions of this Title Declared to be Minimum Requirements 18.230.020. Violation of Title Prohibited 18.230.030 Penalty 18.230.040 Complaints Regarding Violations 18.230.050 Inspection and Right of Entry 18.230.060 Abatement of Violations 18.230.070 Stop-Order Hearing 18.230.010 Provisions of this Title Declared to be Minimum Requirements A. Minimum requirements intended. In their interpretation and application, the provisions of this title shall be held to be minimum requirements, adopted for the protection of the public health, safety, and general welfare. B. Most restrictive requirements apply.When the requirements of this title vary from other provisions of this title or with other applicable standards, the most restrictive or that imposing the highest standard shall govern. 18.230.020 Violation of Title Prohibited A. Violation of title prohibited. No person shall erect, construct, alter, maintain or use any building or structure or shall use,divide or transfer any land in violation of this title or any amendment thereto. 18.230.030 Penalty • A. Class 1 penalty. A violation of this title shall constitute a Class 1 civil infraction which shall be processed according to the procedures established in Chapter 1.16 of this code,Civil Infractions. B. Each violation a separate infraction. Each violation of a separate provision of this title shall constitute a separate infraction, and each day that a violation of this title is committed or permitted to continue shall constitute a separate infraction. C. Abatement of violation required. A finding of a violation of this title shall not relieve the responsible party of the duty to abate the violation. The penalties imposed by this section are in addition to and not in lieu of any remedies available to the City. D. - .- -•- • - - • .. . -- -- •iiins•ai7:c:..i�•. , Win:"Responsible party" means the person responsible for curing or remedying a violation, which includes: 1. The owner of the property, or the owner's manager or agent or other person in control of the property on behalf of the owner; 2. The person occupying the property, including bailee, lessee, tenant or other person having possession; Enforcement 18.230-1 11/26/98 • • 3. The person who is alleged to have committed the acts or omissions, created or allowed the condition to exist, or placed the object or allowed the object to exist on the property. 18.230.040 Complaints Regarding Violations A. Filing written complaint. Whenever a violation of this title occurs, or is alleged to have occurred, any person may file a signed, written complaint. B. File complaint with Director. Such complaints, stating fully the causes and basis thereof,shall be filed with the Director. The Director shall properly record such complaints, investigate and take action thereon as provided by this title. 18.230.050 Inspection and Right of Entry A. Right of entry. Whenever the Director has reasonable cause to suspect a violation of any provision of this chapter exists or when necessary to investigate an application for or revocation of any approval under any of the procedures described in this title, the Director may enter on any site or into any structure for the purpose of investigation, provided that no premises shall be entered without first attempting to obtain the consent of the owner or person in control of the premises if other than the owner. B. Search warrant. If consent cannot be obtained, the Director shall secure a search warrant from the City's municipal court before further attempts to gain entry, and shall have recourse to every other remedy provided by law to secure entry. 18.230.060 Abatement of Violations A. Abatement of violations. Any development or use which occurs contrary to the provisions of this title or contrary to any permit or approval issued or granted under this title is unlawful, and may be abated by appropriate proceedings. • 18.230.070 Stop-Order Hearing A. Stop order issued. Whenever any work is being done in violation of the provisions of the Code or a condition of any permit or other approval granted pursuant hereto, the Director may order the work stopped by notice in writing served on persons engaged in doing such work or causing such work to be done. All work under the permit or approval shall cease until it is authorized to continue. B. Stop-order hearing. The Director shall schedule a hearing if requested on the stop order for the soonest practicable date, but not more than seven (7) days after the effectiveness of any required notice. At the discretion of the Director, such hearing may be: 1. Part of a hearing on revocation of the underlying permit or approval pursuant to Section 18.390.050; or 2. Solely to determine whether a violation has occurred. The Hearings Officer shall hold this hearing and shall make written findings as to the violation within seven(7) days. Upon a finding of no violation, the Hearings Officer shall require the issuance of a resume work order. Upon finding a violation, the stop-order shall continue to be effective until the violating party furnishes Enforcement 18.230-2 11/26/98 • Chapter 18.780 SIGNS Sections: 18.780.010 Purpose 18.780.012 Effective Date of this Chapter 18.780.015 Definitions 18.780.020 Permits Required 18.780.030 Permit Approval Process 18.780.040 Expiration of Approval: Standards for Extension of Time 18.780.050 Inspections 18.780.060 Permit Exemptions 18.780.070 Certain Signs Prohibited 18.780.080 Sign Illumination 18.780.085 Sign Measurement 18.780.090 Special Condition Signs 18.780.100 Temporary Signs 18.780.110 Nonconforming Signs 18.780.120 Sign Removal Provisions: Nonconforming and Abandoned Signs 18.780.130 Zoning District Regulations 18.780.140 Sign Code Adjustments 18.780.010 Purpose A. General purposes. The purposes of this chapter are: 1. To protect the health, safety,property and welfare of the public; 2. To promote the neat, clean, orderly and attractive appearance of the community; 3. To accommodate the need of sign users while avoiding nuisances to nearby properties; 4. To insure for safe construction,location,erection and maintenance of signs; 5. To prevent proliferation of signs and sign clutter; and 6. To minimize distractions for motorists on public highways and streets. 7. To regulate solely on the basis of time,place and manner of a sign,not on its content. B. Sign quality. In addition, it is the purpose of this chapter to regulate the design, quality of materials, construction, location, electrification, illumination and maintenance of all signs visible from public property or from public rights-of-way. C. Compliance with other laws and regulations. It is not the purpose of this chapter to permit the erection or maintenance of any sign at any place or in any manner unlawful under any other ordinance, or state or federal law. e. _ _ • . Y_ . _ _ _ - _ ___ _• • . e _ Signs 18.780-1 SE Update: 03/02 • • 18.780.012 Effective Date of this Chapter A. Effective date. All references made in this chapter to the effective date of this chapter shall mean November 9, 1983,unless otherwise specifically stated in an ordinance revision. 18.780.015 Definitions A. Definitions. As used in this title, unless the context requires otherwise, the following words and phrases shall have the meanings set forth in this chapter. The definitions to be used in this chapter are in addition to Chapter 18.110,Definitions, and are as follows: 1. " `A' board sign"means any double face temporary rigid sign; 2. "Abandoned sign"means a structure not containing a sign for 90 continuous days or a sign not in use for 90 continuous days; 3. "Area" - see Section 18.780.085 for definition of sign area; 4. "Awning sign"means a wall sign incorporated into or attached to an awning; • 5. "Balloon" - see"Temporary sign"; 6. "Banner" - see"Temporary sign"; 7. "Bench sign"means a bench designed to seat people which carries a written or graphic message; 8. "Billboard"means a - _ . ::. : : . .• ... , . . -; a freestanding sign in excess of the maximum size allowed, with adjustments, in the locations where it is located or proposed to be located. ": - - - 9 ---1-0.-"Building official" means officer or designee of the City empowered to enforce the Uniform Building Code; 10. 11-.-"Business" means all of the activities carried on by the same legal entity on the same premises and includes charitable, fraternal, religious, educational or social organizations. "Legal entity" includes, but is not limited to, individual proprietorships, partnerships, corporations, nonprofit corporations, associations or joint stock companies; 11. -1-2.-"Construct" means every type of display in the form of letters, figures, characters and/or representations; 12. 13. "Cutout" means every type of display in the form of letters, figures, characters and/or representations in cutout or irregular form attached to or superimposed upon a sign; 13. -1-4-"Development review" means the site development review process set forth in Chapters 18.360; • Signs 18.780-3 SE Update: 03/02 • • 14. -13—"Directional sign" means a permanent sign which is designed and erected solely for the I purpose of traffic or pedestrian direction and placed on the property to which the public is directed; 15. -"Display surface" means the area made available by the sign structure for the purpose of I displaying the advertising or identification message; 16. 17"Electrical sign"means any sign utilizing electrical wiring; 17. 1-$—"Electronic information sign" means signs, displays, devices or portions thereof with lighted I messages that change at intermittent intervals, each lasting more than two seconds, by electronic process or remote control. Electronic information signs are not identified as rotating,revolving or moving signs. Also known as an automatic changeable copy sign or electronic variable message center; 18. -I-9="Face of a building" means all windows and wall areas of a building in one or more parallel I planes; 19. 20. "Flashing sign" means any sign which is illuminated by an intermittent or sequential flashing light source whose interval is two seconds or less in duration, or which is in any other way animated so as to create the illusion of movement without actual physical movement or the illusion of a flashing or intermittent light or light source; 20. 2- -"Flush pitched roof sign" means a sign attached to a mansard or similar type of vertically I aligned roof; 21. 22. "Freestanding sign"means a sign erected and mounted on a freestanding frame, mast or pole I and not attached to any building; 22. 23-"Freeway interchange" means any intersection of an exit off-ramp of Interstate Highway 5 or I State Highway 217 with a surface street; 23. 24="Freeway-oriented sign" means a sign primarily designed to be read by a motorist traveling I on a highway designated by the Oregon State Highway Department as a freeway or expressway; specifically, these shall be Interstate 5 and Oregon State Highway #217, and shall not include Highway 99W; 24. 25. "Frontage"means the length of the property line of any one premises along a public roadway; I 25. 26. "Housing complex"means a grouping of one or more single-family attached residential units I or one or more multi-family residential units; 26. 27. "Immediate or serious danger"means: a. Whenever any portion of the structure is damaged by fire, earthquake, wind, flood or other causes, and any member or appurtenance is likely to fail, become detached or dislodged, or to collapse and thereby injure persons or damage property; b. Whenever any portion of the structure is not of sufficient strength or stability or is not so anchored, attached or fastened in place as to be capable of resisting a wind pressure of one- half of that specified in the Uniform Building Code for this type structure or similar structure, Signs 18.780-4 SE Update: 03/02 • • and will not exceed the working stresses permitted in the Uniform Building Code for such structures; and c. Whenever the location of the sign structure obstructs the view of motorists traveling on the public streets or private property, and thus causes damage to property or thereby injures persons. 27. 28. "Industrial Park" means a parcel of land which complies with the requirements set forth in Chapter 18.530; 28. 29. "Lawn sign"- see"Temporary sign"; 29. 30. "Lighting methods"means: a. Direct-exposed lighting or neon tubes on the sign face; b. Flashing-lights which blink on and off randomly or in sequence; c. Indirect or External - the light source is separate from the sign face or cabinet and is directed so as to shine on the sign; and d. Internal-the light source is concealed within the sign. 30. 3-1-"Maintenance" means normal care needed to keep a sign functional such as cleaning, oiling, changing and repair of light bulbs and sign faces. Does not include structural alteration; 31. 32. "Nonconforming sign" means a sign or sign structure lawfully erected and properly maintained that would not be allowed under the sign regulations presently applicable to the site; 32. 33—"Non-structural trim" means the moldings, battens, caps, nailing strips and latticing, letters and walkways which are attached to a sign structure; 33. 347-"Painted wall decorations" means displays painted directly on a wall, designed and intended as a decorative or ornamental feature. Decorations may also include lighting; 34. 35-"Painted wall highlights" means painted areas which highlight a building's architectural or structural features; 35. 36 "Painted wall sign"means a sign applied to a building wall with paint and which has no sign structure; 36. 37-"Person" means individuals, corporations, associations, firms, partnerships and joint stock companies; 37. 38. "Premises" means one or more lots on which are constructed or on which are to be constructed a building or a group of buildings designed as a unit; 38. 39-"Projecting sign"means a sign attached to a building other than a wall sign in which the sign face is not parallel to the wall. Such sign shall not project above the wall of the building to which it is attached,except where there is an existing parapet; Signs 18.780-5 SE Update: 03/02 • • 39. 46-"Projection"means the distance by which a projecting sign extends from a building; - • - - . . - . - . - . . ...-.. -- : . 40. 42-"Reader-board sign" means any sign with changeable copy or a message, except electronic information signs; 41. 43—"Roof line" means the top edge of a roof or building parapet, whichever is higher, excluding any cupolas, chimneys or other minor projections; 42. 44-"Roof sign" means a sign erected fully upon or directly above a roof line or parapet of a building or structure. Exceptions: include approved temporary balloons, signs attached to existing architectural features and flush mounted"roof'signs; 43. 43—"Rotating, revolving or moving sign" means any sign, or portion of a sign, which moves in any manner; 44. 46. "Shopping center"means developments of not less than eight business units; 45. 47. "Shopping plaza"means developments of between two and seven business units; 46. 48—"Sign" means materials placed or constructed primarily to convey a message or other display and which can be viewed from a right-of-way,another property or from the air; 47. 49-"Sign structure" means any structure which supports or is capable of supporting any sign as described in the Uniform Building Code. A sign structure may be a single pole and may or may not be an integral part of a building; 48. 307-"Structural alteration" means modification of the size, shape or height of a sign structure. Also includes replacement of sign structure materials with other than comparable materials, for example metal parts replacing wood parts; 49. 3.1—"Surface street"means a street which does not have limited access and which is not a freeway or expressway; 50. 52. "Temporary sign" means any sign, "A" board frame, banner, lawn sign or balloon which is not permanently erected or permanently affixed to any sign structure, sign tower, the ground or a building: a. Balloon - an inflatable, stationary temporary sign anchored by some means to a structure or the ground. Includes simple children's balloons, hot and cold air balloons, blimps and other dirigibles; b. Banner-a sign made of fabric or other nonrigid material with no enclosing framework; c. Lawn Sign - a freestanding sign in residential zones which is exempt from sign permit requirements provided the size requirements in Subsection 18.780.060 B2. can be met. 51. 3 "Tenant Sign"means a sign placed in control of a current tenant or property owner; Signs 18.780-6 SE Update: 03/02 • • 52. §47--"Uniform Building Code" means the most recent structural and specialty Oregon Uniform Building Code as adopted by the Oregon Department of Commerce, and which Uniform Building Code, by this reference, is incorporated in this title to the extent of specific citations thereof in this title; 53. 3-"Wall Sign" means any sign attached to, painted on, or erected against the wall of a building or structure with the exposed face of the sign in a plane parallel to the plane of the wall. B. General rule. For the purpose of this chapter, words used in the present tense include the future, the singular number includes the plural, "shall" is mandatory and not Directory, and "building" includes "structures"except"sign structures." 18.780.020 Permits Required A. Compliance with regulations. No sign or sign structure shall hereafter be erected, re-erected, constructed, structurally altered or relocated within the City limits except as provided by this title, and a permit for the same sign or sign structure has been issued by the Director. B. Separate permits for each sign. A separate permit shall be required for each sign or signs for each business entity and a separate permit shall be required for each group of signs on a single supporting structure. C. Compliance with UBC. Separate structural permits under the Uniform Building Code shall also apply. D. Electrical permit required. An electrical permit shall be obtained for all illuminated signs, from the enforcing agency subject to the provisions of the State Electrical Code. E. Retroactive sign permits. The Director may require application for sign permits for all signage at a given address if no existing permits previously had been approved or documented. 18.780.030 Permit Approval Process A. Permits for existing signs. Permits for modification of existing signs, or to legalize signs for which a permit was not obtained when it was constructed, will be processed by means of a Type I procedure, as governed by Section 18.390.030,using the requirements of this chapter as approval criteria. B. Permits for new signs. Permits for new signs will be processed by means of a Type I procedure, as governed by Section 18.390.030,using the requirements of this chapter as approval criteria. C. Site plan. The applicant shall submit a proposed sign site plan. The Director shall provide the applicant with detailed information about this submission requirement. 18.780.040 Expiration of Approval: Standards for Extension of Time A. Expiration of approval. Sign permit approval shall be effective for a period of 90 days from the date of approval. B. Reasons for lapsing. The sign permit approval shall lapse if: 1. Substantial construction of the approved plan has not begun within the 90 day period; or Signs 18.780-7 SE Update: 03/02 • • 1. The sign shall be erected on private property with the consent of the lawful possessor of the property and shall not be placed on utility poles or in the public right-of-way; and 2. At least one sign shall be permitted per parcel of land; additional signs on such parcel shall be spaced at least 50 feet apart in residential zoning districts and 30 feet apart in nonresidential zoning districts. C. Exceptions. The sign permit provisions of this section shall not apply to repair, maintenance or change of copy on the same sign (including, but not limited to the changing of a message on a sign specifically designed and permitted for the use of changeable copy), or unlawfully erected or maintained signs. 18.780.070 Certain Signs Prohibited A. Prohibited display of flags and banners. It is a violation of this chapter to erect or maintain strings of pennants, banners or streamers, festoons of lights, clusters of flags, strings of twirlers or propellers, flashing or blinking lights, flares, balloons and similar devices of carnival character. Exceptions include: 1. National, state and institutional flags properly displayed; 2. Signs and banners approved as temporary signs; and 3. Balloons as allowed in Subsection 18.780.090C. B. Unsafe signs or improperly maintained signs. No sign shall be constructed, erected or maintained unless the sign and sign structure is so constructed, erected and maintained as to be able to withstand the wind, seismic and other requirements as specified in the Uniform Building Code or this title. C. Signs at intersections. No sign shall be erected at intersections of any streets in such a manner as to materially obstruct free and clear vision. All signs shall be consistent with Chapter 18.795 of this title: 1. No sign shall be erected at any location where, by reason of the position, shape or color, that interferes with, obstructs the view of, or could be confused with any authorized traffic signal or device; and 2. No sign shall be erected which makes use of the word "stop," "look," "danger," or any other similar word, phrase, symbol, or character in such manner as is reasonably likely to interfere with, mislead or confuse motorists. D. Obscenity. No sign shall bear or contain statements, words or pictures in which the dominant theme of the material, taken as a whole, appeals to the prurient interest in sex or is patently offensive because it affronts the contemporary community standard relating to the description or representation of sexual material which is utterly without redeeming social value. lD. Traffic obstructing signs. No sign or sign structure shall be constructed in such a manner or at such a location that it will obstruct access to any fire escape or other means of ingress or egress from a building or any exit corridor, exit hallway or exit doorway. No sign or supporting structure shall cover, wholly or partially, any window or doorway in any manner that it will substantially limit access to the building in case of fire. Signs 18.780-10 SE Update: 03/02 . • C. Balloons. 1. One inflatable, stationary balloon or one cluster of children's balloons firmly secured shall be allowed only if all of the following conditions are satisfied: a. A City of Tigard sign permit is obtained for each single or cluster of balloons; b. Each owner or legal occupant of property or a building shall be allowed one balloon per year; c. A balloon sign shall be allowed to remain up for a period of no longer than 10 days per year; d. A permit issued for a balloon will serve as one of the three sign permits allowed per business in a calendar year; e. Balloons may be permitted as roof signs with a City sign permit; f. The size of a balloon shall not exceed 25 feet in height; and g. The balloon shall be secured to a structure on the ground and shall not be allowed to float in the air higher than 25 feet above the nearest building roof line. D. Electronic message centers. 1. Electronic Message Center(variable message)sign regulations shall be as follows: a. Electronic message center signs shall be permitted only in the C-G and CBD zones; b. The maximum height and area of an electronic message center sign shall be that which is stipulated in Subsection 18.780.130C; c. An electronic message center shall be allowed to substitute for one freestanding sign or one wall sign; d. One electronic message center sign, either freestanding or wall-mounted, shall be allowed per premises; e. With regard to light patterns: (1) Traveling light patterns("chaser effect") shall be prohibited; (2) Messages and animation shall be displayed at intervals of greater than two seconds in duration. E. Free-standing freeway-oriented signs. • 1. •. - .. -- --- -- . - . 0- _ . . -- : -- 0- . . - - .-- -- --- - :. . - . .. . -- , - :; For signs requiring a permit under the Oregon Motorist Information Act, the City will determine pursuant to a Type 1 process whether the sign meets all applicable City standards and provide that determination to any applicant for a state permit consistent with ORS 377.723. Signs 18.780-14 SE Update: 03/02 • • 2. Freeway-oriented signs shall be permitted only in the C-G,I-P,I-L and I-H zoning districts; 3. Freeway-oriented signs shall be permitted to be located within 200 feet of Highway 217 and/or Interstate Freeway No. 5 rights-of-way as shown in the Freeway-Oriented Sign (FOS) overlay zone maps in Figure 1; (Figure 1 is on file in the City Recorder's office.) 4. One freestanding freeway-oriented sign shall be allowed per premises; 5. The maximum height of a freeway-oriented sign shall not exceed 35 feet from the ground level at its base; 6. For freestanding signs a total maximum sign area of 160 square feet per face (320 square feet total) shall be allowed. . : - . -- ; -• : .- . :0.0'e shall•-app; 7. Freeway-oriented signs shall be oriented to be viewed from the freeway; 8. In addition to a freeway-oriented sign, each parcel, development complex or premises shall be allowed one freestanding sign provided all other provisions of this chapter can be met and both signs are located on separate frontages with different orientations; 9. Freeway-oriented signs are not permitted as roof, tenant, temporary, balloon, wall and awning signs; F. Awning signs. 1. Awning signs shall be permitted in all zoning districts; 2. The copy on awning signs may not extend above the upper surfaces of the awning structure. They may be hung below the awning if the sign clears the sidewalk by at least 8-1/2 feet; 3. Awning signs may be internally or externally illuminated; and 4. Awning signs may extend into the public right-of-way 6-1/2 feet or 2/3 of the distance to the roadway, whichever is less. However,no sign may extend within two feet of the roadway. State Highway Division approval shall be necessary for awning signs on state highways. G. Flush pitched"roof'sign. 1. Flush pitched roof signs shall be allowed in all zoning districts except residential; 2. The face of flush pitched roof signs may not extend more than six inches above the roof line; 3. Flush pitched roof signs shall be parallel to the building face. They may not extend beyond the building wall. Such surfaces shall be considered part of a wall surface in the calculation of total wall area; Signs 18.780-15 SE Update: 03/02 • • • • A. Applicability. For the purposes of this chapter,non-conforming signs will be defined as follows: 1. Except as provided in this chapter, signs in existence on March 20, 1978, in accordance with Ordinance Nos. 77-89 and 78-16, which do not conform to the provisions of this chapter, but which were constructed, erected or maintained in compliance with all previous regulations, shall be regarded as nonconforming signs which may be continued until March 20, 1988; 2. Signs in existence on January 11, 1971, which do not conform to the provisions of this chapter, but which were constructed, erected or maintained in compliance with all previous regulations, were regarded as nonconforming signs and could be continued for a period of 10 years from January 11, 1971. All such signs which were not brought into compliance with the standards in Ordinance Nos. 77-89 and 78-16 and the extensions granted, are now in violation of this chapter; 3. Signs located on premises annexed into the City after January 11,. 1971, which do not comply with the provisions of this chapter, shall be brought into compliance with this chapter within a period of ten years after the effective date of the annexation; 4. Any sign which is structurally altered, relocated or replaced shall immediately be brought into compliance with all of the provisions of this chapter, except the repairing and restoration of a sign on site or away from the site to a safe condition. Any part of a sign or sign structure for normal maintenance shall be permitted without loss of nonconforming status. B. Restrictions. For purposes of this title, a sign face or message change shall be subject to the following provisions: 1. A sign face or message change on a nonconforming sign is not allowed as an alteration when the affected property and sign structure have been abandoned for greater than 90 days; 2. A sign face or message change shall be allowed as an alteration only for existing conforming signs and for nonconforming signs prior to their amortization expiration date; and 3. No sign permit shall be required for allowable sign face or message changes. C. Reconstruction. Should a nonconforming sign or sign structure or nonconforming portion of structure be destroyed or repaired by any means to an extent of more than 50% of its replacement cost, it shall not be reconstructed except in conformity with the provisions of this title. D. Requirements for conformance. 1. Signs in existence on the effective date of this chapter which do not comply with provisions regulating flashing signs; use of par spotlights or rotating beacons; rotating and revolving signs; flags, banners, streamers, or strings of lights, or temporary or incidental signs; shall be made to • conform within 90 days from the effective date of this chapter; 2. Billboard signs in existence on the effective date of this title which do not comply with the• - . • - i - - .. -- . - 'I.tee • --- - - --- - - - - - - - - -- - • . • .. - 18.780.120 Sign Removal Provisions: Nonconforming and Abandoned Signs Signs 18.780-17 SE Update: 03/02 .. • . Agenda Item: Hearing Date: January 5,2003 Time: 7:30 PM ,` % !. .: STAFF:-REP_ORTT.O;THE N} � y° ;s 4 ' '°a' 'fix. - ,.,.,..' � :-• "z",':a -�€tx. - ; - #`-.y ti21- x,ti , :P;LANNING COMMISS10N _ G' � CITY OFTIGARD i a '' s;ti;.5'-=:"•;.5 �i x x*.x^�£. e "' Commurutyl�Development .,- s "n.A,1,3,er Comm un�t y�.I1C ITY: OFfTGARD; O:REGO,:.: J -�'z s y:0b„ _. � J :t;Fg. rr SECTION I. APPLICATION SUMMARY FILE NAME: SIGN CODE AMENDMENT CASE NO.: Zone Ordinance Amendment (ZOA) ZOA2003-00003 PROPOSAL: To review and amend the Tigard Sign Code Chapter 18.780 to clarify language regarding "Billboards" and "Freestanding Freeway oriented signs," and to amend the language of Section 18.230.030 to make the definition of "Responsible Party" consistent with Tigard Municipal Code Section 18.740.020(A)(1-3). APPLICANT: City of Tigard Attn: Brad Kilby 13125 SW Hall Boulevard Tigard, OR 97223 ZONE: N/A. LOCATION: Citywide. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.230 18.380, 18.390 and 18.780; Comprehensive Plan Policies 1.1.1 and 2.1.1; and Statewide Planning Goals land 2. SECTION II. STAFF RECOMMENDATION �- <:�.,.a,. n:�, F'.L�'4:��:`=a;�':-u ,'�'>«";jai's,. r:�?^--.;;=:y;a,^'w°€tom:;.`v"cr,`-dS�'s!'.a."`,F$et.�'.�.4aai}.t_raq"ser'ff u.�s�.�,^r d�.r;r,;n�.w:e%a'...clT%.;ic.n+:c°=�'oe-.'"-.-md�=;-r?,1h�;n:,t,;hi."c3e_s.a.`r,�-s5�o:r••;`=.;^'n�+�ud;'...g�'`s.�°,+.��rh y'�s�.t�.tom�»h t`*,„;ah�,it-e=�'.,t,:=-P-h�-;'•2e:ur�zAr•.b�.,a 7:r�a P.;�l":,�`i�§fr"c fi%.l:,.<t7.a'v�:<".,2 n�hn_a$Yre.Y�r=nSe:Y v`:`i.a$.fip;n�..�x.ri z�✓..�n».�:.„”,;_A g:C�..'wo.'',;p:<,`t�:m"-roY`';:;,:.n.;>>.zt.�xacfi-,;i;..i��,,,e.�.i�,s.x3s,';s'�sr✓s4r�il„�o�'an'�_n1-reatl'�;`.",m';...,s,m,V,e,`,�ra'n•v r=°ksd..°.�,^.e°,i r.�sf-°,.�t;f..�h,;;eI_�'r e.� 9��'y a.,€ d�tze,:'q,-'.'.D,,e;v�.a✓��Aei r.,o3„'_�ps. m",.�s t£;a 1"e o n�.;tyn-n%=_.�fC a o'::2.;�='. wN R;>as�:e-�'ar 4 <'^ 4 commendationte Tgardy� »;Y' :9 .ne8•.;. ...d:,l,a .'Sx..s v,t.sfxisr,Y ..:E'(,ks�:.'s;"t. �" L ��� R°(,et,� xi,4;:~ `Fz, •4'',,o%',yi% ".�•.x%:r �&�.,'z .".iy;.:,:% ..s6Y.;'t' :�n. `fa.. rCouncll. 1Y .�. ' ,µ64'.T ±.��.,Zu': ';s1.•i e. -;£„�+Sl t.v�s^,9.rK4''. .>;<'•���:;T:« YBX %eK�..�f%y .. .r.-dim,�es,,,'V°fM';;�' , -... ., n. - - :';�_°?,.,;h r ZOA2003-00003 PAGE 1 OF 5 1/5/03 PUBLIC HEARING STAFF REPORT TO PLANNING COMMISSION I • SECTION III. BACKGROUND INFORMATION On April 13, 1993, the Tigard City Council, by majority vote, agreed to prohibit billboard signs in the Tigard city limits, and to remove the approval criteria for billboard signs from the Special Condition Signs section of then TDC Section 18.114.090. Earlier this year, West Coast Media, LLC, and later Media Arts, Inc. applied for building permit approval to construct "freeway Oriented" signs under the premise that if they received approval from ODOT and pursuant to the Oregon Motorists Information Act (OMIA) they would not be subject to separate review from the City of Tigard. City planning staff recommended to the Building Official that the building permits for the signs be denied after finding that the signs that were applied for exceeded the maximum allowable size and height for "freeway oriented" signs, and that in fact, the signs that were applied for appeared to be billboards. The Building official denied approval of the permits, and the two companies filed appeals with the Oregon Land Use Board of Appeals. The appeals were based on language in Tigard Development Code, Chapter 18.780. Subsequently, staff requested an interpretation from the Community Development Director that was appealed to the Tigard City Council. The City Council heard the appeals on June 10th and July 8th 2003. The Council resolved to uphold the Community Development Directors' interpretation. The appeals at LUBA continued. In the meantime, staff in coordination with the City Attorney has drafted changes to be considered as code amendments. LUBA heard oral arguments on November 20, 2003, and expects to issue a decision on this issue sometime in late December. The other issue that is proposed for amendment is to ensure that the definition of "responsible party" in the Development Code is consistent with the definition of "responsible party" in the Municipal Code for enforcement proceedings. Currently, the definition of "responsible party" in the Tigard Development Code is less inclusive than the definition of "responsible party" in the Tigard Municipal Code. Recent decisions in court have resulted in the City not being able to hold property owners, managers, and agents responsible for violations at their properties when cited under Title 18, and, to instead only cite the tenants. In cases as widely varied as illegal signs to illegal usages of properties, the current Title 18 definition restricts the City from forcing landowners to take an active and proactive role in their properties. This alleviates the owners and managers of properties of their responsibility to supervise their assets, leaving the burden on the City and the neighbors. By only being able to cite the tenants, workloads and problems are seen repeatedly in the same locations as tenants change. SECTION IV. SUMMARY OF APPLICABLE CRITERIA Chapter 18.380 states that legislative text amendments shall be undertaken by means of a Type IV procedure, as governed by Section 18.390.060G. Chapter 18.390.060G states that the recommendation by the Commission and the decision by the Council shall be based on consideration of the following factors: The Statewide Planning Goals and Guidelines adopted under Oregon Revised Statutes Chapter 197; ZOA2003-00003 PAGE 2 OF 5 1/5/03 PUBLIC HEARING STAFF REPORT TO PLANNING COMMISSION • • Notice was provided to DLCD 45 days prior to the first scheduled public hearing as required. In addition, the Tigard Development Code and Comprehensive Plan have been acknowledged by DLCD. The following are the applicable Statewide Planning Goals that are applicable to this proposal: Statewide Planning Goal 1 — Citizen Involvement: This goal outlines the citizen involvement requirement for adoption of Comprehensive Plans and for changes to the Comprehensive Plan and implementing documents. This goal has been met by complying with the Tigard Development Code notice requirements set forth in Chapter 18.390. Notice has been published in the Tigard Times Newspaper prior to the public hearing. Two Public Hearings are held (one before the Planning Commission and the second before the City Council) in which public input is welcome. Statewide Planning Goal 2 — Land Use Planning: This goal outlines the land use planning process and policy framework. The Comprehensive Plan was acknowledged by DLCD as being consistent with the statewide planning goals. The Development Code implements the Comprehensive Plan. The Development Code establishes a process for and policies to review changes to the Development Code consistent with Goal 2. The City's plan provides analysis and policies with which to evaluate a request for amending the Code consistent with Goal 2. • Any applicable Metro regulations; There are not applicable Metro regulations with respect to signage or enforcement. • Applicable Comprehensive Plan Policies: Comprehensive Plan Policy 1.1.1: This policy states that all future legislative changes shall be consistent with the Statewide Planning Goals and the Regional Plan adopted by Metro. As indicated above under the individual Statewide and Regional Plan goals applicable to this proposed amendment, the amendment is consistent with the Statewide Goals and Regional Plan. Comprehensive Plan Policy 2.1.1: This policy states that the City shall maintain an ongoing citizen involvement program and shall assure that citizens will be provided an opportunity to be involved in all phases of the planning process. Notices of all hearings are published in the Tigard Times, and notice will be published again prior to the City Council public hearing. Public input has been invited in the notice. • Any applicable provision of the City's implementing ordinances. ZOA2003-00003 PAGE 3 OF 5 1/5/03 PUBLIC HEARING STAFF REPORT TO PLANNING COMMISSION S Code Section 18.380: This section regulates amendments. It outlines the process for reviewing Development Code Text Amendments. The present amendment will be reviewed under the Type IV legislative procedure as set forth in the chapter. Code Section 18.390: This chapter establishes standard decision-making procedures for reviewing applications. The amendment under consideration will be reviewed under the Type IV legislative procedure as detailed in the chapter. Code Section 18.230: This chapter establishes enforcement procedures for violations of the Tigard Community Development Code. This section is not 'considered an applicable review section for the purpose of this application. Rather, the term "responsible party" from this section is proposed to be changed. Code Section 18.780: The purpose of this chapter is to regulate the size, location, quality of materials, and maintenance of all signs visible from the public right of way. Again, this section of the code is not an applicable review section for this application. The proposal at hand would affect the language and definitions of this section. SECTION V. STAFF ANALYSIS The legislative history is clear. The legislative body of the City of Tigard, and therefore the citizens elected spokesmen have chose to prohibit "Billboards" not once, but twice in the past ten years. That decision has been jeopardized by language that is arguably vague and other language that was inadvertently left in the Development Code. While we cannot control the content of signs, we do have the ability to regulate size, location, and even building materials in the interest of health, safety, and welfare. In summary, the amendments will accomplish the following objectives: • Amend the definition of "Responsible party" in Section 18.230.030 to be consistent with the definition of"Responsible party" in the Tigard Municipal Code. • Amend the Purpose statement of the Tigard Development Code (TDC) Chapter 18.780 to delete the adoption of the Oregon Motorist Information Act (OMIA) by reference. • Amend the definition of "Billboard" to mean signs larger than the maximum size allowed. • Delete the term "Billboard structure." • Delete the term "Public sign." • Require that OMIA permitted signs be reviewed by City of Tigard staff through a type I process. ZOA2003-00003 PAGE 4 OF 5 1/5/03 PUBLIC HEARING STAFF REPORT TO PLANNING COMMISSION • Delete the requirement for a sign code exception by the Commission in order to allow freeway-oriented signs. Delete the amortization clause for Billboards along Highway 99W with the amortization date of June 10, 1998. SECTION VI. OTHER ALTERNATIVES As this is an amendment to clarify the legislative intent as reflected by the past and recent actions of the Tigard City Council, the other alternative is to leave the development code as is. SECTION VII. ADDITIONAL CITY STAFF & OUTSIDE AGENCY COMMENTS The Tualatin Valley Fire and Rescue Department has had an opportunity to review this proposal and has found that the proposal does not conflict with their interests. The City of Tigard Engineering Department has had an opportunity to review this proposal and have no objections. The City of Tigard Public Works and Operations Department has had an opportunity to review this proposal and have no objections. The City of Tigard Police Department has had an opportunity to review this proposal and have no objections. The City of Building Division has had an opportunity to review this proposal and have no objections. Washington County Department of Land Use and Transportation, DLCD, ODOT, Tualatin Valley Water District, Clean Water Services, and Metro Land use and Planning Growth Management have all had an opportunity to review this proposal and have offered no comments or objections to the proposed Zone Ordinance Amendment. ATTACHMENTS ' Exhibit A: Proposed amendments to the Community Development Code Chapters 18.230 and 18.780. /7- i December 19, 2003 PREPARED BY:Brad Kilb Y DATE Associate Planner [ -' .J �� December 19, 2003 APPR VED BY:Richard Bewersdorff DATE Planning Manager ZOA2003-00003 PAGE 5 OF 5 1/5/03 PUBLIC HEARING STAFF REPORT TO PLANNING COMMISSION • • "EXHIBIT A" PROPOSED CHANGES ADDITIONS: Indicated by,UNDERLINE DELETIONS: Indicated by (Additionally,a bar in the far right margin also indicates where a change has been made. Example: I ) • Chapter 18.230 ENFORCEMENT Sections: 18.230.010 Provisions of this Title Declared to be Minimum Requirements 18.230.020 Violation of Title Prohibited 18.230.030 Penalty 18.230.040 Complaints Regarding Violations 18.230.050 Inspection and Right of Entry 18.230.060 Abatement of Violations 18.230.070 Stop-Order Hearing 18.230.010 Provisions of this Title Declared to be Minimum Requirements A. Minimum requirements intended. In their interpretation and application, the provisions of this title shall be held to be minimum requirements, adopted for the protection of the public health, safety, and general welfare. B. Most restrictive requirements apply. When the requirements of this title vary from other provisions of this title or with other applicable standards, the most restrictive or that imposing the highest standard shall govern. 18.230.020 Violation of Title Prohibited A. Violation of title prohibited. No person shall erect, construct, alter, maintain or use any building or structure or shall use, divide or transfer any land in violation of this title or any amendment thereto. 18.230.030 Penalty A. Class 1 penalty. A violation of this title shall constitute a Class 1 civil infraction which shall be processed according to the procedures established in Chapter 1.16 of this code, Civil Infractions. B. Each violation a separate infraction. Each violation of a separate provision of this title shall constitute a separate infraction, and each day that a violation of this title is committed or permitted to continue shall constitute a separate infraction. C. Abatement of violation required. A finding of a violation of this title shall not relieve the responsible party of the duty to abate the violation. The penalties imposed by this section are in addition to and not in lieu of any remedies available to the City. D. ' . : -•. -•- - •- .. . -- . -- *gin:"Responsible party" means the person responsible for curing or remedying a violation, which includes: 1. The owner of the property, or the owner's manager or agent or other person in control of the property on behalf of the owner; 2. The person occupying the property, including bailee, lessee, tenant or other person having possession; Enforcement 18.230-1 11/26/98 • • 3. The person who is alleged to have committed the acts or omissions, created or allowed the condition to exist, or placed the object or allowed the object to exist on the property. 18.230.040 Complaints Regarding Violations A. Filing written complaint. Whenever a violation of this title occurs, or is alleged to have occurred, any person may file a signed, written complaint. B. File complaint with Director. Such complaints, stating fully the causes and basis thereof, shall be filed with the Director. The Director shall properly record such complaints, investigate and take action thereon as provided by this title. 18.230.050 Inspection and Right of Entry A. Right of entry. Whenever the Director has reasonable cause to suspect a violation of any provision of this chapter exists or when necessary to investigate an application for or revocation of any approval under any of the procedures described in this title, the Director may enter on any site or into any structure for the purpose of investigation, provided that no premises shall be entered without first attempting to obtain the consent of the owner or person in control of the premises if other than the owner. B. Search warrant. If consent cannot be obtained, the Director shall secure a search warrant from the City's municipal court before further attempts to gain entry, and shall have recourse to every other remedy provided by law to secure entry. 18.230.060 Abatement of Violations A. Abatement of violations. Any development or use which occurs contrary to the provisions of this title or contrary to any permit or approval issued or granted under this title is unlawful, and may be abated by appropriate proceedings. 18.230.070 Stop-Order Hearing A. Stop order issued. Whenever any work is being done in violation of the provisions of the Code or a condition of any permit or other approval granted pursuant hereto, the Director may order the work stopped by notice in writing served on persons engaged in doing such work or causing such work to be done. All work under the permit or approval shall cease until it is authorized to continue. B. Stop-order hearing. The Director shall schedule a hearing if requested on the stop order for the soonest practicable date, but not more than seven (7) days after the effectiveness of any required notice. At the discretion of the Director, such hearing may be: 1. Part of a hearing on revocation of the underlying permit or approval pursuant to Section 18.390.050; or 2. Solely to determine whether a violation has occurred. The Hearings Officer shall hold this hearing and shall make written findings as to the violation within seven(7) days. Upon a finding of no violation, the Hearings Officer shall require the issuance of a resume work order. Upon finding a violation, the stop-order shall continue to be effective until the.violating party furnishes Enforcement 18.230-2 11/26/98 • Chapter 18.780 SIGNS Sections: 18.780.010 Purpose 18.780.012 Effective Date of this Chapter 18.780.015 Definitions 18.780.020 Permits Required 18.780.030 Permit Approval Process 18.780.040 Expiration of Approval: Standards for Extension of Time 18.780.050 Inspections 18.780.060 Permit Exemptions 18.780.070 Certain Signs Prohibited 18.780.080 Sign Illumination 18.780.085 Sign Measurement 18.780.090 Special Condition Signs 18.780.100 Temporary Signs 18.780.110 Nonconforming Signs 18.780.120 Sign Removal Provisions: Nonconforming and Abandoned Signs 18.780.130 Zoning District Regulations 18.780.140 Sign Code Adjustments 18.780.010 Purpose A. Generalpurposes. The purposes of this chapter are: 1. To protect the health, safety,property and welfare of the public; 2. To promote the neat, clean, orderly and attractive appearance of the community; 3. To accommodate the need of sign users while avoiding nuisances to nearby properties; 4. To insure for safe construction, location, erection and maintenance of signs; 5. To prevent proliferation of signs and sign clutter; and 6. To minimize distractions for motorists on public highways and streets. 7. To regulate solely on the basis of time,place and manner of a sign,not on its content. B. Sign quality. In addition, it is the purpose of this chapter to regulate the design, quality of materials, construction, location, electrification, illumination and maintenance of all signs visible from public property or from public rights-of-way. C. Compliance with other laws and regulations. It is not the purpose of this chapter to permit the erection or maintenance of any sign at any place or in any manner unlawful under any other ordinance, or state or federal law. -- = _ - Signs 18.780-1 SE Update: 03/02 • S 18.780.012 Effective Date of this Chapter • A. Effective date. All references made in this chapter to the effective date of this chapter shall mean November 9, 1983, unless otherwise specifically stated in an ordinance revision. 18.780.015 Definitions • A. Definitions. As used in this title, unless the context requires otherwise, the following words and phrases shall have the meanings set forth in this chapter. The definitions to be used in this chapter are in addition to Chapter 18.110,Definitions, and are as follows: 1. " `A' board sign"means any double face temporary rigid sign; 2. "Abandoned sign"means a structure not containing a sign for 90 continuous days or a sign not in use for 90 continuous days; 3. "Area"- see Section 18.780.085 for definition of sign area; 4. "Awning sign"means a wall sign incorporated into or attached to an awning; 5. "Balloon" - see"Temporary sign"; 6. "Banner"- see"Temporary sign"; 7. "Bench sign".means a bench designed to seat people which carries a written or graphic message; 8. "Billboard"means a - _ . ::. . . ... . -; a freestanding sign in excess of the maximum size allowed, with adjustments, in the locations where it is located or proposed to be located. - -" - - 9_---10.-"Building official" means officer or designee of the City empowered to enforce the Uniform Building Code; 10. 11. "Business" means all of the activities carried on by the same. legal entity on the same premises and includes charitable, fraternal, religious, educational or social organizations. "Legal entity" includes, but is not limited to, individual proprietorships, partnerships, corporations, nonprofit corporations, associations or joint stock companies; 11. -1-2.-"Construct" means every type of display in the form of letters, figures, characters and/or representations; 12. 13. "Cutout" means every type of display in the form of letters, figures, characters and/or representations in cutout or irregular form attached to or superimposed upon a sign; 13. -1-4-"Development review" means the site development review process set forth in Chapters 18.360; Signs 18.780-3 SE Update: 03/02 • • 14. -1-- "Directional sign" means a permanent sign which is designed and erected solely for the I purpose of traffic or pedestrian direction and placed on the property to which the public is directed; 15. -I-6="Display surface" means the area made available by the sign structure for the purpose of I displaying the advertising or identification message; 16. 17. "Electrical sign"means any sign utilizing electrical wiring; 17. -1-8="Electronic information sign" means signs, displays, devices or portions thereof with lighted I messages that change at intermittent intervals, each lasting more than two seconds, by electronic process or remote control. Electronic information signs are not identified as rotating, revolving or moving signs. Also known as an automatic changeable copy sign or electronic variable message center; 18. +9-"Face of a building" means all windows and wall areas of a building in one or more parallel I planes; 19. 20-"Flashing sign" means any sign which is illuminated by an intermittent or sequential flashing I light source whose interval is two seconds or less in duration, or which is in any other way animated so as to create the illusion of movement without actual physical movement or the illusion of a flashing or intermittent light or light source; 20. 2-1-.—"Flush pitched roof sign" means a sign attached to a mansard or similar type of vertically I aligned roof; 21. 22. "Freestanding sign" means a sign erected and mounted on a freestanding frame, mast or pole I and not attached to any building; 22. 2- "Freeway interchange"means any intersection of an exit off-ramp of Interstate Highway 5 or I State Highway 217 with a surface street; 23. 24—"Freeway-oriented sign" means a sign primarily designed to be read by a motorist traveling I on a highway designated by the Oregon State Highway Department as a freeway or expressway; specifically, these shall be Interstate 5 and Oregon State Highway #217, and shall not include Highway 99W; 24. 25. "Frontage"means the length of the property line of any one premises along a public roadway; I 25. 26-"Housing complex" means a grouping of one or more single-family attached residential units or one or more multi-family residential units; 26. 27. "Immediate or serious danger"means: a. Whenever any portion of the structure is damaged by fire, earthquake, wind, flood or other causes, and any member or appurtenance is likely to fail, become detached or dislodged, or to collapse and thereby injure persons or damage property; b. Whenever any portion of the structure is not of sufficient strength or stability or is not so anchored, attached or fastened in place as to be capable of resisting a wind pressure of one- half of that specified in the Uniform Building Code for this type structure or similar structure, Signs 18.780-4 SE Update: 03/02 • • and will not exceed the working stresses permitted in the Uniform Building Code for such structures; and c. Whenever the location of the sign structure obstructs the view of motorists traveling on the public streets or private property, and thus causes damage to property or thereby injures persons. 27..28. "Industrial Park" means a parcel of land which complies with the requirements set forth in Chapter 18.530; 28. 29. "Lawn sign"- see "Temporary sign"; 29. 30. "Lighting methods"means: a. Direct-exposed lighting or neon tubes on the sign face; b. Flashing-lights which blink on and off randomly or in sequence; c. Indirect or External - the light source is separate from the sign face or cabinet and is directed so as to shine on the sign; and d. Internal-the light source is concealed within the sign. 30. 31="Maintenance" means normal care needed to keep a sign functional such as cleaning, oiling, changing and repair of light bulbs and sign faces. Does not include structural alteration; 31. 3-2r-"Nonconforming sign" means a sign or sign structure lawfully erected and properly maintained that would not be allowed under the sign regulations presently applicable to the site; 32. 33—"Non-structural trim" means the moldings, battens, caps, nailing strips and latticing, letters and walkways which are attached to a sign structure; 33. 34-"Painted wall decorations" means displays painted directly on a wall, designed and intended as a decorative or ornamental feature. Decorations may also include lighting; 34. 3-"Painted wall highlights" means painted areas which highlight a building's architectural or structural features; 35. 36-"Painted wall sign" means a sign applied to a building wall with paint and which has no sign structure; 36. 3 "Person" means individuals, corporations, associations, firms, partnerships and joint stock companies; 37. 38—"Premises" means one or more lots on which are constructed or on which are to be constructed a building or a group of buildings designed as a unit; 38. 39-"Projecting sign" means a sign attached to a building other than a wall sign in which the sign face is not parallel to the wall. Such sign shall not project above the wall of the building to which it is attached,except where there is an existing parapet; Signs 18.780-5 SE Update: 03/02 • • 39. 40 •"Projection"means the distance by which a projecting sign extends from a building; - - - - • 40. 42-"Reader-board sign" means any sign with changeable copy or a message, except electronic information signs; 41. 43—"Roof line" means the top edge of a roof or building parapet, whichever is higher, excluding any cupolas, chimneys or other minor projections; • 42. 44-"Roof sign" means a sign erected fully upon or directly above a roof line or parapet of a building or structure. Exceptions: include approved temporary balloons, signs attached to existing architectural features and flush mounted"roof' signs; 43. 45-"Rotating, revolving or moving sign" means any sign, or portion of a sign, which moves in any manner; 44. 46. "Shopping center"means developments of not less than eight business units; 45. 47. "Shopping plaza"means developments of between two and seven business units; 46. 48-"Sign" means materials placed or constructed primarily to convey a message or other display and which can be viewed from a right-of-way, another property or from the air; 47. 49—"Sign structure" means any structure which supports or is capable of supporting any sign as described in the Uniform Building Code. A sign structure may be a single pole and may or may not be an integral part of a building; 48. 50. "Structural alteration" means modification of the size, shape or height of a sign structure. Also includes replacement of sign structure materials with other than comparable materials, for example metal parts replacing wood parts; 49. 3-1--"Surface street"means a street which does not have limited access and which is not a freeway or expressway; 50. 32 "Temporary sign" means any sign, "A" board frame, banner, lawn sign or balloon which is not permanently erected or permanently affixed to any sign structure, sign tower, the ground or a building: a. Balloon - an inflatable, stationary temporary sign anchored by some means to a structure or the ground. Includes simple children's balloons, hot and cold air balloons, blimps and other dirigibles; • b. Banner- a sign made of fabric or other nonrigid material with no enclosing framework; c. Lawn Sign - a freestanding sign in residential zones which is exempt from sign permit requirements provided the size requirements in Subsection 18.780.060 B2. can be met. 51. 53. "Tenant Sign"means a sign placed in control of a current tenant or property owner; Signs 18.780-6 SE Update: 03/02 • • 52. §4-"Uniform Building Code" means the most recent structural and specialty Oregon Uniform Building Code as adopted by the Oregon Department of Commerce, and which Uniform Building Code, by this reference, is incorporated in this title to the extent of specific citations thereof in this title; 53. 33-"Wall Sign" means any sign attached to, painted on, or erected against the wall of a building or structure with the exposed face of the sign in a plane parallel to the plane of the wall. B. General rule. For the purpose of this chapter, words used in the present tense include the future, the singular number includes the plural, "shall" is mandatory and not Directory, and "building" includes "structures"except"sign structures." 18.780.020 Permits Required A. Compliance with regulations. No sign or sign structure shall hereafter be erected, re-erected, constructed, structurally altered or relocated within the City limits except as provided by this title, and a permit for the same sign or sign structure has been issued by the Director. B. Separate permits for each sign. A separate permit shall be required for each sign or signs for each business entity and a separate permit shall be required for each group of signs on a single supporting structure. C. Compliance with UBC. Separate structural permits under the Uniform Building Code shall also apply. D. Electrical permit required. An electrical permit shall be obtained for all illuminated signs, from the enforcing agency subject to the provisions of the State Electrical Code. E. Retroactive sign permits. The Director may require application for sign permits for all signage at a given address if no existing permits previously had been approved or documented. 18.780.030 Permit Approval Process A. Permits for existing signs. Permits for modification of existing signs, or to legalize signs for which a permit was not obtained when it was constructed, will be processed by means of a Type I procedure, as governed by Section 18.390.030, using the requirements of this chapter as approval criteria. B. Permits for new signs. Permits for new signs will be processed by means of a Type I procedure, as governed by Section 18.390.030, using the requirements of this chapter as approval criteria. C. Site plan. The applicant shall submit a proposed sign site plan. The Director shall provide the applicant with detailed information about this submission requirement. 18.780.040 Expiration of Approval: Standards for Extension of Time A. Expiration of approval. Sign permit approval shall be effective for a period of 90 days from the date of approval. B. Reasons for lapsing. The sign permit approval shall lapse if: 1. Substantial construction of the approved plan has not begun within the 90 day period; or Signs 18.780-7 SE Update: 03/02 • • 1. The sign shall be erected on private property with the consent of the lawful possessor of the property and shall not be placed on utility poles or in the public right-of-way; and 2. At least one sign shall be permitted per parcel of land; additional signs on such parcel shall be spaced at least 50 feet apart in residential zoning districts and 30 feet apart in nonresidential zoning districts. C. Exceptions. The sign permit provisions of this section shall not apply to repair, maintenance or change of copy on the same sign (including, but not limited to the changing of a message on a sign specifically designed and permitted for the use of changeable copy), or unlawfully erected or maintained signs. 18.780.070 Certain Signs Prohibited A. Prohibited display of flags and banners. It is a violation of this chapter to erect or maintain strings of pennants, banners or streamers, festoons of lights, clusters of flags, strings of twirlers or propellers, flashing or blinking lights, flares, balloons and similar devices of carnival character. Exceptions include: 1. National, state and institutional flags properly displayed; 2. Signs and banners approved as temporary signs; and 3. Balloons as allowed in Subsection 18.780.090C. B. Unsafe signs or improperly maintained signs. No sign shall be constructed, erected or maintained unless the sign and sign structure is so constructed, erected and maintained as to be able to withstand the wind, seismic and other requirements as specified in the Uniform Building Code or this title. C. Signs at intersections. No sign shall be erected at intersections of any streets in such a manner as to materially obstruct free and clear vision. All signs shall be consistent with Chapter 18.795 of this title: 1. No sign shall be erected at any location where, by reason of the position, shape or color, that interferes with, obstructs the view of, or could be confused with any authorized traffic signal or device; and 2. No sign shall be erected which makes use of the word "stop," "look," "danger," or any other similar word, phrase, symbol, or character in such manner as is reasonably likely to interfere with,mislead or confuse motorists. D. Obscenity. No sign shall bear or contain statements, words or pictures in which the dominant theme of the material, taken as a whole, appeals to the prurient interest in sex or is patently offensive ' because it affronts the contemporary community standard relating to the description or representation of sexual material which is utterly without redeeming social value. 1D. Traffic obstructing signs. No sign or sign structure shall be constructed in such a manner or at such a location that it will obstruct access to any fire escape or other means of ingress or egress from a building or any exit corridor, exit hallway or exit doorway. No sign or supporting structure shall cover, wholly or partially, any window or doorway in any manner that it will substantially limit access to the building in case of fire. Signs 18.780-10 SE Update: 03/02 • C. Balloons. 1. One inflatable, stationary balloon or one cluster of children's balloons firmly secured shall be allowed only if all of the following conditions are satisfied: a. A City of Tigard sign permit is obtained for each single or cluster of balloons; b. Each owner or legal occupant of property or a building shall be allowed one balloon per year; c. A balloon sign shall be allowed to remain up for a period of no longer than 10 days per year; d. A permit issued for a balloon will serve as one of the three sign permits allowed per business in a calendar year; e. Balloons may be permitted as roof signs with a City sign permit; f. The size of a balloon shall not exceed 25 feet in height; and g. The balloon shall be secured to a structure on the ground and shall not be allowed to float in the air higher than 25 feet above the nearest building roof line. D. Electronic message centers. 1. Electronic Message Center(variable message)sign regulations shall be as follows: a. Electronic message center signs shall be permitted only in the C-G and CBD zones; b. The maximum height and area of an electronic message center sign shall be that which is stipulated in Subsection 18.780.130C; c. An electronic message center shall be allowed to substitute for one freestanding sign or one wall sign; d. One electronic message center sign, either freestanding or wall-mounted, shall be allowed per premises; e. With regard to light patterns: (1) Traveling light patterns("chaser effect")shall be prohibited; (2) Messages and animation shall be displayed at intervals of greater than two seconds in duration. E. Free-standing freeway-oriented signs. 1. • . -- .. -- -- - e -- : -- e - • --- - --- - - .-- . : - - :. . :: . • :; For signs requiring a permit under the Oregon Motorist Information Act, the City will determine pursuant to a Type 1 process whether the sign meets all applicable City standards and provide that determination to any applicant for a state permit consistent with ORS 377.723. Signs 18.780-14 SE Update: 03/02 • • 2. Freeway-oriented signs shall be permitted only in the C-G, I-P, I-L and I-H zoning districts; 3. Freeway-oriented signs shall be permitted to be located within 200 feet of Highway 217 and/or Interstate Freeway No. 5 rights-of-way as shown in the Freeway-Oriented Sign (FOS) overlay zone maps in Figure 1; (Figure 1 is on file in the City Recorder's office.) 4. One freestanding freeway-oriented sign shall be allowed per premises; 5. The maximum height of a freeway-oriented sign shall not exceed 35 feet from the ground level at its base; 6. For freestanding signs a total maximum sign area of 160 square feet per face (320 square feet total) shall be allowed. -- _ . . ... ., • - : -- - • - -- "6- •. :: e'e shall apply; 7. Freeway-oriented signs shall be oriented to be viewed from the freeway; 8. In addition to a freeway-oriented sign, each parcel, development complex or premises shall be allowed one freestanding sign provided all other provisions of this chapter can be met and both • signs are located on separate frontages with different orientations; 9. Freeway-oriented signs are not permitted as roof, tenant, temporary, balloon, wall and awning signs; F. Awning signs. 1. Awning signs shall be permitted in all zoning districts; 2. The copy on awning signs may not extend above the upper surfaces of the awning structure. They may be hung below the awning if the sign clears the sidewalk by at least 8-1/2 feet; 3. Awning signs may be internally or externally illuminated; and 4. Awning signs may extend into the public right-of-way 6-1/2 feet or 2/3 of the distance to the roadway, whichever is less. However, no sign may extend within two feet of the roadway. State Highway Division approval shall be necessary for awning signs on state highways. G. Flush pitched"roof'sign. 1. Flush pitched roof signs shall be allowed in all zoning districts except residential; 2. The face of flush pitched roof signs may not extend more than six inches above the roof line; 3. Flush pitched roof signs shall be parallel to the building face. They may not extend beyond the building wall. Such surfaces shall be considered part of a wall surface in the calculation of total wall area; Signs 18.780-15 SE Update: 03/02 • A. Applicability. For the purposes of this chapter,non-conforming signs will be defined as follows: 1. Except as provided in this chapter, signs in existence on March 20, 1978, in accordance with Ordinance Nos. 77-89 and 78-16, which do not conform to the provisions of this chapter, but which were constructed, erected or maintained in compliance with all previous regulations, shall be regarded as nonconforming signs which may be continued until March 20, 1988; 2. Signs in existence on January 11, 1971, which do not conform to the provisions of this chapter, but which were constructed, erected or maintained in compliance with all previous regulations, were regarded as nonconforming signs and could be continued for a period of 10 years from January 11, 1971. All such signs which were not brought into compliance with the standards in Ordinance Nos. 77-89 and 78-16 and the extensions granted, are now in violation of this chapter; 3. Signs located on premises annexed into the City after January 11, 1971, which do not comply with the provisions of this chapter, shall be brought into compliance with this chapter within a period of ten years after the effective date of the annexation; 4. Any sign which is structurally altered, relocated or replaced shall immediately be brought into compliance with all of the provisions of this chapter, except the repairing and restoration of a sign on site or away from the site to a safe condition. Any part of a sign or sign structure for normal maintenance shall be permitted without loss of nonconforming status. • B. Restrictions. For purposes of this title, a sign face or message change shall be subject to the following provisions: 1. A sign face or message change on a nonconforming sign is not allowed as an alteration when the affected property and sign structure have been abandoned for greater than 90 days; 2. A sign face or message change shall be allowed as an alteration only for existing conforming signs and for nonconforming signs prior to their amortization expiration date; and 3. No sign permit shall be required for allowable sign face or message changes. C. Reconstruction. Should a nonconforming sign or sign structure or nonconforming portion of structure be destroyed or repaired by any means to an extent of more than 50% of its replacement cost, it shall not be reconstructed except in conformity with the provisions of this title. D. Requirements for conformance. 1. Signs in existence on the effective date of this chapter which do not comply with provisions regulating flashing signs; use of par spotlights or rotating beacons; rotating and revolving signs; flags, banners, streamers, or strings of lights, or temporary or incidental signs; shall be made to conform within 90 days from the effective date of this chapter; '-.:-- - ---- •- - :e.tat • .- - as . 18.780.120 Sign Removal Provisions: Nonconforming and Abandoned Signs Signs 18.780-17 SE Update: 03/02 EQUE3T FORCOMMENTs • • • � REQUEST FOR COMMENTS CI o TIIGARD Community(Development Shaping A Better Community DATE: December 4, 2003 TO: Brian Blalock Commercial Plans Examiner RECEIVED PLANNING FROM: City of Tigard Planning Division . DEC 0 9 2003 STAFF CONTACT: Brad Kilbyy,Associate Planner (x2434) CITY OF TIGARD Phone: (503) 639-4171/Fax: (503) 684-7297 ZONE ORDINANCE AMENDMENT (ZOA)2003-00003 ➢ BILLBOARDS & FREESTANDING FREEWAY ORIENTED SIGNS CODE AMENDMENT < REQUEST: To review and amend the Tigard Sign Code Chapter 18.780 to clarify language regarding "Billboards" and "Freestanding Freeway Oriented Signs," and to amend the language of Section 18.230.030 to make the definition of "Responsible Party" consistent with Tigard Municipal Code Section 18.740.020(A)(1-3). LOCATION: Citywide. ZONE: N/A. APPLICABLE REVIEW CRITERIA: Statewide Planning Goals 1 and 2; Comprehensive Plan Policies 1 and 2; and Community Development Code Chapters 18.230, 18.380, 18.390 and 18.780. Attached is a "DRAFT" of the Proposed Amendments for your review. From information supplied by various departments and agencies and from other information available to our staff, a report and recommendation will be prepared and a decision will be rendered on the proposal in the near future. If you wish to comment on this application, WE NEED YOUR COMMENTS BACK BY: DECEMBER 18, 2003. You may use the space provided below or attach a separate letter to return your comments. If you are unable to respond by the above date, please phone the staff contact noted above with your comments and confirm your comments in writing as soon as possible. If you have any questions, contact the Tigard Planning Division, 13125 SW Hall Boulevard, Tigard, OR 97223. `PLEA_ SECHECK THEFOLLOWING:ITEMS`.THAT-APPLY::° We have reviewed the proposal and have no objections to it. _ Please contact of our office. _ Please refer to the enclosed letter. Written comments provided below: • ('lease provide the folliming information)Name of Person(s) Commenting: �/�� 5r-7 4- o e X I Phone Number(s): 77g-- Z t I • 07?-‘J REQUEST FOR COMMENTS CITY OF TIGARD Community Development Shaping Better Community DATE: December 4, 2003 TO: INTERESTED PARTIES RECEIVED PLANNING FROM: City of Tigard Planning Division DEC 0 9 2003 STAFF CONTACT: Brad Kilby,Associate Planner (x2434) Phone: (503) 639-4171/Fax: (503) 684-7297 CITY OF TIGARD ZONE ORDINANCE AMENDMENT (ZOA)2003-00003 ➢ BILLBOARDS & FREESTANDING FREEWAY ORIENTED SIGNS CODE AMENDMENT < REQUEST: To review and amend the Tigard Sign Code Chapter 18.780 to clarify language regarding "Billboards" and "Freestanding Freeway Oriented Signs," and to amend the language of Section 18.230.030 to make the definition of "Responsible Party" consistent with Tigard Municipal Code Section 18.740.020(A)(1-3). LOCATION: Citywide. ZONE: N/A. APPLICABLE REVIEW CRITERIA: Statewide Planning Goals 1 and 2; Comprehensive Plan Policies 1 and 2; and Community Development Code Chapters 18.230, 18.380, 18.390 and 18.780. • Attached is a "DRAFT" of the Proposed Amendments for your review. From information supplied by various departments and agencies and from other information available to our staff, a report and recommendation will be prepared and a decision will be rendered on the proposal in the near future. If you wish to comment on this application, WE NEED YOUR COMMENTS BACK BY: DECEMBER 18. 2003. You may use the space provided below or attach a separate letter to return your comments. If you are unable to respond by the above date, please phone the staff contact noted above with your comments and confirm your comments in writing as soon as possible. If you have any questions, contact the Tigard Planning Division, 13125 SW Hall Boulevard, Tigard, OR 97223. PLEASE;CiHECKiTH00,OLLOWING ITEMS`THAT,APPLV, - . ; - _= V We have reviewed the proposal and have no objections to it. _ Please contact of our office. _ Please refer to the enclosed letter. Written comments provided below: (Please provide the following information)Name of Person(s) Commenting: Phone Number(s): • • A REQUEST FOR COMMENTS CI CITY Community Development Shaping Better Community DATE: December 4, 2003 RECEIVED PLANNING TO: Dennis Koellermeier,Operations Manager/Water Department FROM: City of Tigard Planning Division DEC 0 9 2003 STAFF CONTACT: Brad Kilbyy,Associate Planner (x2434) CITY OF TIGARD Phone: (503) 639-4171/Fax: (503) 684-7297 ZONE ORDINANCE AMENDMENT (ZOA)2003-00003 ➢ BILLBOARDS & FREESTANDING FREEWAY ORIENTED SIGNS CODE AMENDMENT < REQUEST: To review and amend the Tigard Sign Code Chapter 18.780 to clarify language regarding "Billboards" and "Freestanding Freeway Oriented Signs," and to amend the language of Section 18.230.030 to make the definition of "Responsible Party" consistent with Tigard Municipal Code Section 18.740.020(A)(1-3). LOCATION: Citywide. ZONE: N/A. APPLICABLE REVIEW CRITERIA: Statewide Planning Goals 1 and 2; Comprehensive Plan Policies 1 and 2; and Community Development Code Chapters 18.230, 18.380, 18.390 and 18.780. Attached is a "DRAFT" of the Proposed Amendments for your review. From information supplied by various departments and agencies and from other information available to our staff, a report and recommendation will be prepared and a decision will be rendered on the proposal in the near future. If you wish to comment on this application, WE NEED YOUR COMMENTS BACK BY: DECEMBER 18, 2003. You may use the space provided below or attach a separate letter to return your comments. If you are unable to respond by the above date, please phone the staff contact noted above with your comments and confirm your comments in writing as soon as possible. If you have any questions, contact the Tigard Planning Division, 13125 SW Hall Boulevard, Tigard, OR 97223. PLEASEtHECK TOE- FOLLOWINGKITEMSTHATAI?PLYN. 4- We have reviewed the proposal and have no objections to it. Please contact of our office. _ Please refer to the enclosed letter. Written comments provided below: • (Plase provide tfiefollowing information)Name of Person(s) Commenting: I Phone Number(s): • • REQUEST FOR COMMENTS Cm FTIIIOARD Community DeveCopment Shaping Better Community DATE: December 4, 2003 TO: Matt Stine,Urban Forester/Public Works Annex RECEIVED PLANNING FROM: City.of Tigard Planning Division DEC 0 9 2003 STAFF CONTACT: Brad Kilby )Associate Planner (x2434) CITY OF TIGARD Phone: (5b3) 639-4171/Fax: (503) 684-7297 ZONE ORDINANCE AMENDMENT (ZOA)2003-00003 ➢ BILLBOARDS & FREESTANDING FREEWAY ORIENTED SIGNS CODE AMENDMENT < REQUEST: To review and amend the Tigard Sign Code Chapter 18.780 to clarify language regarding - "Billboards" and "Freestanding Freeway Oriented Signs," and to amend the language of Section 18.230.030 to make the definition of "Responsible Party" consistent with Tigard Municipal Code Section 18.740.020(A)(1-3). LOCATION: Citywide. ZONE: N/A. APPLICABLE REVIEW CRITERIA: Statewide Planning Goals 1 and 2; Comprehensive Plan Policies 1 and 2; and Community Development Code Chapters 18.230, 18.380, 18.390 and 18.780. Attached is a "DRAFT" of the Proposed Amendments for your review. From information supplied by various departments and agencies and from other information available to our staff, a report and recommendation will be prepared and a decision will be rendered on the proposal in the near future. If you wish to comment on this application, WE NEED YOUR COMMENTS BACK BY: DECEMBER 18, 2003. You may use the space provided below or attach a separate letter to return your comments. If you are unable to respond by the above date, please phone the staff contact noted above with your comments and confirm your comments in writing as soon as possible. If you have any questions, contact the Tigard Planning Division, 13125 SW Hall Boulevard, Tigard, OR 97223. PLEASE CHECK.THE:=FOLLOWING ITEMS1THAT°APPL0 ." &` We have reviewed the proposal and have no objections to it. _ Please contact of our office. _ Please refer to the enclosed letter. Written comments provided below: (Cease provide the following information)Name of Person(s) Commenting: M s I Phone Number(s): REQUEST FOR COMMENTS C,OFTIOARD Community Development Shaping Better Community DATE: December 4, 2003 TO: Jim Wolf,Tigard Police Department Crime Prevention Officer RECEIVED PLANNING FROM: City of Tigard Planning Division DEC 0 9 2003 STAFF CONTACT: Brad Kilby Associate Planner (x2434) Phone: (503) 639- 4171/Fax: ( 03) 684-7297 CITY OF TIGARD ZONE ORDINANCE AMENDMENT (ZOA)2003-00003 ➢ BILLBOARDS & FREESTANDING FREEWAY ORIENTED SIGNS CODE AMENDMENT < REQUEST: To review and amend the Tigard Sign Code Chapter 18.780 to clarify language regarding "Billboards" and "Freestanding Freeway Oriented Signs," and to amend the language of Section 18.230.030 to make the definition of "Responsible Party" consistent with Tigard Municipal Code Section 18.740.020(A)(1-3). LOCATION: Citywide. ZONE: N/A. APPLICABLE REVIEW CRITERIA: Statewide Planning Goals 1 and 2; Comprehensive Plan Policies 1 and 2; and Community Development Code Chapters 18.230, 18.380, 18.390 and 18.780. Attached is a "DRAFT" of the Proposed Amendments for your review. From information supplied by various departments and agencies and from other information available to our staff, a report and recommendation will be prepared and a decision will be rendered on the proposal in the near future. If you wish to comment on this application, WE NEED YOUR COMMENTS BACK BY: DECEMBER 18, 2003. You may use the space provided below or attach a separate letter to return your comments. If you are unable to respond by the above date, please phone the staff contact noted above with your comments and confirm your comments in writing as soon as possible. If you have any questions, contact the Tigard Planning Division, 13125 SW Hall Boulevard, Tigard, OR 97223. ry PLEASE:rCHECK=:THE''FOLLOWING:=ITEMS,THAT APPLY °;: - - : ,. _. , We have reviewed the proposal and have no objections to it. _ Please contact of our office. _ Please refer to the enclosed letter. Written comments provided below: (Please provide the following information)Name of Person(s) Commenting: llo1T , !Phone Number(s): X11% 2,510 Brady le Kilby_-_Billboards and Signs Code.endment.doc _ __ _ Page 1 Tualatin Valley l Fire & Rescue TUALATIN VALLEY FIRE & RESCUE • SOUTH DIVISION COMMUNITY SERVICES • OPERATIONS • FIRE PREVENTION December 8,2003 • • Brad Kilby,Associate Planner City of Tigard 13125 SW Hall Blvd Tigard,OR 97223 Re: Billboards and Freestanding Freeway Oriented Signs Code Amendment Dear Brad, Thank you for the opportunity to review the proposed plan surrounding the above named development project. We find no conflicts with our interests. Please contact me at(503)612-7010 with any additional questions. Sincerely, Eric T. McMullen Eric T. McMullen Deputy Fire Marshal • • • • { 7401 SW Washo Court,Suite 101•Tualatin,Oregon 9Aiie22.oTei.(503)612-7000•Fax(503)612-7003•www.tvfr.com • • REQUEST FOR COMMENTS CITY OFTIOARD Community tDeve(opment Shaping Better Community DATE: December 4, 2003 TO: Barbara Shields,Long Range Planning Manager FROM: City of Tigard Planning Division STAFF CONTACT: Brad Kilby Associate Planner x2434 Phone: (5b3) 639-4171/Fax: (503) 684-7297 ZONE ORDINANCE AMENDMENT (ZOA)2003-00003 ➢ BILLBOARDS & FREESTANDING FREEWAY ORIENTED SIGNS CODE AMENDMENT < REQUEST: To review and amend the Tigard Sign Code Chapter 18.780 to clarify language regarding "Billboards" and "Freestanding Freeway Oriented Signs," and to amend the language of Section 18.230.030 to make the definition of "Responsible Party" consistent with Tigard Municipal Code Section 18.740.020(A)(1-3). LOCATION: Citywide. ZONE: N/A. APPLICABLE REVIEW CRITERIA: Statewide Planning Goals 1 and 2; Comprehensive Plan Policies 1 and 2; and Community Development Code Chapters 18.230, 18.380, 18.390 and 18.780. Attached is a "DRAFT" of the Proposed Amendments for your review. From information supplied by various departments and agencies and from other information available to our staff, a report and recommendation will be prepared and a decision will be rendered on the proposal in the near future. If you wish to comment on this application, WE NEED YOUR COMMENTS BACK BY: DECEMBER 18, 2003. You may use the space provided below or attach a separate letter to return your comments. If you are unable to respond by the above date, please phone the staff contact noted above with your comments and confirm your comments in writing as soon as possible. If you have any questions, contact the Tigard Planning Division, 13125 SW Hall Boulevard, Tigard, OR 97223. PLEASE .CH.EC.K;,THEFOLLOWING ITEMS:THAT;APPLY:,;;". We have reviewed the proposal and have no objections to it. _ Please contact of our office. _ Please refer to the enclosed letter. Written comments provided below: (Ttease provi e the forfawing information)Name of Person(s) Commenting: I Phone Number(s): I REQUEST FOR COMMENTS CITY of IIGARD Community Development Shaping Better Community DATE: December 4, 2003 TO: PER ATTACHED FROM: City of Tigard Planning Division STAFF CONTACT: Brad Kilbyy,Associate Planner (x2434) Phone: (503) 639-4171/Fax: (503) 684-7297 ZONE ORDINANCE AMENDMENT (ZOA)2003-00003 > BILLBOARDS & FREESTANDING FREEWAY ORIENTED SIGNS CODE AMENDMENT < REQUEST: To review and amend the Tigard Sign Code Chapter 18.780 to clarify language regarding "Billboards" and "Freestanding Freeway Oriented Signs," and to amend the language of Section 18.230.030 to make the definition of "Responsible Party" consistent with Tigard Municipal Code Section 18.740.020(A)(1-3). LOCATION: Citywide. ZONE: N/A. APPLICABLE REVIEW CRITERIA: Statewide Planning Goals 1 and 2; Comprehensive Plan Policies 1 and 2; and Community Development Code Chapters 18.230, 18.380, 18.390 and 18.780. Attached is a "DRAFT" of the Proposed Amendments for your review. From information supplied by various departments and agencies and from other information available to our staff, a report and recommendation will be prepared and a decision will be rendered on the proposal in the near future. If you wish to comment on this application, WE NEED YOUR COMMENTS BACK BY: DECEMBER 18, 2003. You may use the space provided below or attach a separate letter to return your comments. If you are unable to respond by the above date, please phone the staff contact noted above with your comments and confirm your comments in writing as soon as possible. If you have any questions, contact the Tigard Planning Division, 13125 SW Hall Boulevard, Tigard, OR 97223. PLEASE CH.ECK;3THE FOLLOWING•ITEMS:THAT APPLY: '` ::: :_;;x;,,:: ` " r= We have reviewed the proposal and have no objections to it. _ Please contact of our office. _ Please refer to the enclosed letter. Written comments provided below: (Please provide the following information)Name of Person(s) Commenting: I Phone Number(s): _4. CITY* TIGARD REQUEST FOR CONOENTS NOTIFICATION LIST FOR LAND USE & COMMUNITY DEVELOPMENT APPLICATIONS FILE NOS.: ,)R )003-'I�OO 3 FILE NAME: l n AMPn�vtert- / r4 3 �',.VorCG'M`e ,. -' CITE— tilHVOLVEMENTTEAMS,'.. : :::: ::'. : : 14-DAY PENDING APPLICATION NOTICE TO CIT AREA: ['Central QEaut [}i South QWest OProposal Descrip.in Library CIT Book L�NG RANGE PLANNING/Barbara Shields,Planning Mgr. COMMUNITY DVLPMNT.DEPTJPIanning-Engineering Techs. )/LICE DEPTJJim Wolf,Crime Prevention Officer T/BUILDING DIVISION/Gary Lampella,Building Official vENGINEERING DEPTJKim McMillan,Dvlpmnt.Review Engineer–?WATER DEPTJDennis Koellermeier,Public Works Mgr. • CITY ADMINISTRATION/Cathy Wheatley,City Recorder PUBLIC WORKS/John Roy,Property Manager ✓PUBLIC WORKS/Matt Stine,Urban Forester 7/PLANNER–POST PROJECT SITE IF A PUBLIC HEARING ITEM-Ill BUSINESS DAYS PRIOR TO THE PUBLIC HEARING! I. ' . -_ ':SPECIAL DISTRICTS .::.. .. /�,,. _ TUAL.HILLS PARK&REC.DIST.*a/TUALATIN VALLEY FIRE&RESCUE _4.../TUALATIN VALLEY WATER DISTRICT* ✓ CLEANWATER SERVICES* Planning Manager Fire Marshall • Administrative Office Lee Walker/SWM Program 15707 SW Walker Road Washington County Fire District PO Box 745 155 N.First Avenue Beaverton,OR 97006 (place in pick-up box) Beaverton,OR 97075 Hillsboro,OR 97124 LDCAL AND STATE IURISDICflONS.;: : CITY OF BEAVERTON* _ CITY OF TUALATIN* _OR.DEPT.OF FISH&WILDLIFE _OR.DIV.OF STATE LANDS Planning Manager Planning Manager 2501 SW First Avenue Jennifer Goodridge _ Irish Bunnell,oevewwnent Services 18880 SW Martinazzi Avenue PO Box 59 775 Summer Street NE PO Box 4755 Tualatin,OR 97062 Portland,OR 97207 Salem,OR 97301-1279 Beaverton,OR 97076 _ OR.PUB.UTIUTIES COMM. METRO-LAND USE&PLANNING* _OR.DEPT.OF GEO.&MINERAL IND. 550 Capitol Street NE _ CITY OF DURHAM* 600 NE Grand Avenue 800 NE Oregon Street,Suite 5 Salem,OR 97310-1380 City Manager Portland.OR 97232-2736 Portland,OR 97232 PO Box 23483 _ Bob Knight,Data Resource Center(ZCA) US ARMY CORPS.OF ENG. Durham,OR 97281-3483 _ Pd"ulette Men,Growth Management Coordinator • OR.DEPT.OF LAND CONSERV.&DVLP_Kathryn Hams el Huie,Greenspaces Coordinator(CPA/ZOA) Larry French(Comp.Plan Amendments only) Routing CENWP-OP-G _CITY OF KING CITY* _ Jennifer Budhabhatti,Regional Planner(Wetlands) 635 Capitol Street NE,Suite 150 PO Box 2946 City Manager _ C.D.Manager,GrowttrManagementServices Salem,OR 97301-2540 Portland,OR 97208-2946 15300 SW 116th Avenue King City,OR 97224 • WASHINGTON COUNTY _ OR.DEPT.OF ENERGY(Powermres in Area) _OR.DEPT OF AVIATION(Monopole Towers) Dept.of Land Use&Transp. Bonneville Power Administration Tom Highland,Planning 155 N.First Avenue _CITY OF LAKE OSWEGO* Routing TTRC–Attn: Renae Ferrera 3040 25th Street,SE Suite 350,MS 13 Planning Director PO Box 3621 Salem,OR 97310 Hillsboro,OR 97124 PO Box 369 Portland,OR 97208-3621 _Brent Curtis(CPA) Lake Oswego,OR 97034 • / _Gregg Leion(CPA) OR.DEPT.OF ENVIRON.QUALITY(DEQ) ODOT,REGION 1 * Anne LaMountain(IGMJRB) CITY OF PORTLAND (Notify for Wetlands and Potential Envimnmentat Impacts) r/Marah Danielson,Development Review Coordinator hil Healy(�GARB) . _ Planning Bureau Director Regional Administrator _Carl Toland, Right-of-Way Section(vacaclo ns) !!P A, Steve Conway Conway(GralApps.) 1900 SW 4th Avenue,Suite 4100 2020 SW Fourth Avenue,Suite 400 123 NW Flanders _Sr.Cartographer(CP MCA)us 14 Portland,OR 97201 Portland,OR 97201-4987 Portland,OR 97209-4037 _Jim Nims(zcn)Ms 15 • _Doria Mateja(ZCA)MS 14 _WA.CO.CONSOLIDATED COMMUNIC.AGENCY(WCCCA)"911"(Monopole Towers) _ODOT,REGION 1 -DISTRICT 2A At Dave Austin Jane Estes,Permit specialist PO Box 6375 5440 SW Westgate Drive,Suite 350 Beaverton,OR 97007-0375 Portland,OR 97221-2414 r,_ PECIALAGENCIES;.rc,"- A : ,,, ;.; UTILITY PROVIDERS AND S —PORTLAND WESTERN R/11,BURUNGTON NORTHERN/SANTA FE FUR,OREGON ELECTRIC R/R(Burlington Northem/Santa Fe RR Predecessor) Robert I.Melbo,President&General Manager 110 W. 10th Avenue Albany,OR 97321 • _SOUTHERN PACIFIC TRANS.CO.R/R _METRO AREA COMMUNICATIONS _COMCAST CABLE CORP. —TRI-MET TRANSIT DVLPMT. • Clifford C.Cabe,Construction Engineer Debra Palmer(Annexations ony) Randy Bice (s..rtq t,,aw cwar) (If Project is Within'A Mile of a Transit Route) 5424 SE McLoughlin Boulevard Twin Oaks Technology Center • 14200 SW Brigadoon Court Ben Baldwin,Project Planner Portland,OR 97232 1815 NW 169th Place,S-6020 Beaverton,OR 97005 710 NE Holladay Street Beaverton,OR 97006-4886 Portland,OR 97232 _PORTLAND GENERAL ELECTRIC —NW NATURAL GAS COMPANY —VERIZON _QWEST COMMUNICATIONS Ken Gutierrez,Svc.Design Consultant Scott Palmer,Engineering Coord. Ken Perdue,Engineering Patty Stambaugh,Engineering 9480 SW Boeckman Road 220 NW Second Avenue PO Box 1100 8021 SW Capitol Hill Rd,Rm 110 Wilsonville,OR 97070 Portland,OR 97209-3991 Beaverton,OR 97075-1100 Portland,OR 97219 —TIGARD/TUALATIN SCHOOL DIST.#23J_BEAVERTON SCHOOL DIST.#48 _COMCAST CABLE CORP. _COMCAST CABLE CORP. Marsha Butler,Administrative Offices Jan Youngquist,Demographics Alex Silantiev is«,utspar AsaCaxact) Diana Carpenter wP.EdH.drldWWM) 6960 SW Sandburg Street 16550 SW Merlo Road 9605 SW Nimbus Avenue,Bldg. 12 3500 SW Bond Street Tigard,OR 97223-8039 Beaverton,OR 97006-5152 Beaverton,OR 97008 Portland,OR 97232 * INDICATES AUTOMATIC NOTIFICATION IN COMPLIANCE WITH INTERGOVERNMENTAL AGREEMENT IF WITHIN S00'OF THE SUBJECT PROPERTY FOR ANY/ALL • CITY PROJECTS(Project Planner Is Responsible For Indicating Parties To Notify). hApattylmasters\Request For Comments Notification List.doc (UPDATED: 17-Jul-03) (Also update:-i:\curpinlsetup\labelslannexationutilities and franchises.doc'when updating this document) • • • 400 REQUEST FOR COMMENTS CITY n o IOARD -I I� Community Deve(opment Shaping A Better Community DATE: December 4, 2003 TO: INTERESTED PARTIES(Formerly CIT Members-List Attached] FROM: City of Tigard Planning Division STAFF CONTACT: Brad Kilby Associate Planner (x2434) Phone: (5b3) 639-4171/Fax: (503) 684-7297 ZONE ORDINANCE AMENDMENT (ZOA)2003-00003 ➢ BILLBOARDS & FREESTANDING FREEWAY ORIENTED SIGNS CODE AMENDMENT < REQUEST: To review and amend the Tigard Sign Code Chapter 18.780 to clarify language regarding "Billboards" and "Freestanding Freeway Oriented Signs," and to amend the language of Section 18.230.030 to make the definition of "Responsible Party" consistent with Tigard Municipal Code Section 18.740.020(A)(1-3). LOCATION: Citywide. ZONE: N/A. APPLICABLE REVIEW CRITERIA: Statewide Planning Goals 1 and 2; Comprehensive Plan Policies 1 and 2; and Community Development Code Chapters 18.230, 18.380, 18.390 and 18.780. Attached is a "DRAFT" of the Proposed Amendments for your review. From information supplied by various departments and agencies and from other information available to our staff, a report and recommendation will be prepared and a decision will be rendered on the proposal in the near future. If you wish to comment on this application, WE NEED YOUR COMMENTS BACK BY: DECEMBER 18, 2003. You may use the space provided below or attach a separate letter to return your comments. If you are unable to respond by the above date, please phone the staff contact noted above with your comments and confirm your comments in writing as soon as possible. If you have any questions, contact the Tigard Planning Division, 13125 SW Hall Boulevard, Tigard, OR 97223. PLEASE-CHECK THE,FOLLOWING ITEMS°THAT APPLY:':' We have reviewed the proposal and have no objections to it. _ Please contact of our office. _ Please refer to the enclosed letter. Written comments provided below: (P1 ase provide the farming information)Name of Person(s) Commenting: • I Phone Number(s): Jack Biethan Josh Thomas 11023 SW Summerfield Drive#4 10395 SW Bonanza Tigard, OR 97224 Tigard, OR 97224 Brooks Gaston Tim Esau 3206 Princess PO Box 230695 Edinburg, TX 78539 Tigard, OR 97281 Don & Dorothy Erdt Ross Sundberg 13760 SW 121st Avenue 16382 SW 104th Avenue Tigard, OR 97223 Tigard, OR 97224 Ellen Beilstein Sue Rorman 14630 SW 139th Avenue 11250 SW 82nd Avenue Tigard, OR 97224 Tigard, OR 97223 Martha Bishop Naomi Gallucci 10590 SW Cook Lane 11285 SW 78th Avenue Tigard, OR 97223 Tigard, OR 97223 Vanessa Foster Michael Trigoboff 13085 SW Howard Drive 7072 SW Barbara Lane Tigard, OR 97223 Tigard, OR 97223 Susan Beilke Patricia Keerins 11755 SW 114th Place 12195 SW 121st Avenue Tigard, OR 97223 Tigard, OR 97223 Kristen Miller Alexander Craghead 8940 SW Edgewood Street 12205 SW Hall Boulevard Tigard, OR 97223 Tigard, OR 97223-6210 Paul Owen David Chapman 10335 SW Highland Drive 9840 SW Landau Place' Tigard, OR 97224 Tigard, OR 97223 Rex Caffall Craig Smelter 13205 SW Village Glenn PO Box 1467 Tigard, OR 97223 Tualatin, OR 97062 r I • Harold and Ruth Howland 13145 SW Benish Tigard, OR 97223 Kevin Hogan 14357 SW 133rd Avenue Tigard, OR 97224 Gretchen Buehner 13249 SW 136th Place Tigard, OR 97224 Jon Sirrine 12761 SW 133rd Avenue Tigard, OR 97223 Judith Anderson 16640 SW Jordan Way King City, OR 97224 Beverly Froude 12200 SW Bull Mountain Road Tigard, OR 97224 Brad Spring 7555 SW Spruce Street Tigard, OR 97223 Brian Wegener 9830 SW Kimberly Drive Tigard, OR 97224 Barry Albertson 15445 SW 150th Avenue Tigard, OR 97224 CITY OF TIGARD - CITYWIDE CIT SUBCOMMITTEE (i:\curpin\setup\labels\CIT CityWide.doc) UPDATED: 15-Oct-03 I /1■112141-S , ,. • • AFFIDAVIT OF MAILING ` CITY OF CITY . rip Community(Development Shaping A(Better Community I, Patricia L. Lu d being first duly sworn/affirm, on oath depose and say that I am a Senior Administrative Specialist for the City of 7igarashington County, Oregon and that.I served the following: (Check Appropriate Box(s)Below) © NOTICE OF FINAL ORDER FOR:_ 20A2003.00003/BILLBOARDS & FREESTANDING FREEWAY ORIENTED SIGNS CODE AMENDMENT ❑ AMENDED NOTICE (File No./Name Reference) • HEARING BODY: HEARING DATE: ❑ City of Tigard Planning Director ❑ Tigard Hearings Officer ❑ Tigard Planning Commission ® Tigard City Council (1/27/2004) A copy of the said notice being hereto attached, marked Exhibit"A",and by reference made a part hereof, was mailed to each named person(s) at the address(s) shown on the attached list(s), marked Exhibit'B",and by reference made a part hereof, on February 3,2004,and deposited in the United States Mail on February 12004, postage prepaid.■ / 0 Aet—‘.) i(Person t epared Notice) / STATE OAF'O4tECcO'r ) Coun Washington )ss �q- � ) L Subscribed and sworn/affir d before me on the ( day of /- ebr(/11(4/1/ , 2004. OFFICIAL SEAL 1 "4. J BENGTSON / r � NOTARY PUBLIC.OREGON �� COMMISSION NO.368086 ( MY COMMISSION EXPIRES APR.27,2007 • NO BY PUBLIC BEGUN My Commission Expires: 7/7/0 7 • EXHIBIT A AL 120 DAYS = N/A CITY OF TIGARD Community Deve(opment Shaping A Better Community • CITY OF TIGARD Washington County, Oregon NOTICE OF FINAL ORDER BY THE TIGARD CITY COUNCIL Case Number: ZONE ORDINANCE AMENDMENT(ZOA) 2003-00003 Case Name: BILLBOARDS & FREESTANDING FREEWAY ORIENTED SIGNS CODE AMENDMENT Names of Owners: N/A Name of Applicant: City of Tigard Address of Applicant: 13125 SW Hall Boulevard Tigard, Oregon 97223 Address of Property: Citywide Tax Map/Lot Nos.: N/A A FINAL ORDER INCORPORATING THE FACTS, FINDINGS AND CONCLUSIONS APPROVING A REQUEST FOR A ZONE ORDINANCE AMENDMENT(ORDINANCE NO.04-03). THE CITY OF TIGARD PLANNING COMMISSION AND CITY COUNCIL HAVE REVIEWED THE APPLICANT'S PLANS, NARRATIVE, MATERIALS, COMMENTS OF REVIEWING AGENCIES, THE PLANNING DIVISION'S STAFF REPORT AND RECOMMENDATIONS FOR THE APPLICATION DESCRIBED IN FURTHER DETAIL IN THE STAFF REPORT. THE PLANNING COMMISSION HELD A PUBLIC HEARING TO RECEIVE TESTIMONY ON JANUARY 5 2004 FOR THE PURPOSE OF MAKING A RECOMMENDATION TO THE CITY COUNCIL ON THE REQUEST. THE CITY COUNCIL ALSO HELD A PUBLIC HEARING TO RECEIVE TESTIMONY ON JANUARY 27 2004 PRIOR TO MAKING A DECISION ON THE REQUEST. THIS DECISION HAS BEEN BASED ON THE FACTS, FINDINGS AND CONCLUSIONS CONTAINED WITHIN THIS FINAL ORDER. Subject: > A Zone Ordinance Amendment to amend the Tigard Sign Code Chapter 18.780 to clarify language regarding"Billboards" and "Freestanding Freeway Oriented Signs," and to amend the language of Section 18.230.030 to make the definition of "Responsible Party" consistent with Tigard Municipal Code Section 18.740.020(A)(1-3). ZONE: Citywide. APPLICABLE REVIEW CRITERIA: Statewide Planning Goals 1 and 2; Comprehensive Plan Policies 1 and 2; and Community Development Code Chapters 18.230, 18.380, 18.390 and 18.780. - Action: > ® Approval as Requested ❑ Approval with Conditions ❑ Denial Notice: Notice was published in the newspaper, posted at City Hall and mailed to: ® Affected Government Agencies ® The Affected Citizen Involvement Team Final Decision: .r x �:.• aa<. , .x4.. :aaaa .ss: a4: x ._::.:�_,... , -� :; : - ,- , ._. ;: :�� TIUE�:ON�JANUARY�27=-20:04::- , r. THIS�IS THE FINAL.DECISION BY:THE�CITYAND:BECOMES�EF-F:EC: ,,,..x-x...:;..,., ..,...;,......, The adopted findings of fact, decision and statement of conditions can be obtained from the City of Tigard Planning Division, Tigard City Hall, 13125 SW Hall Boulevard, Tigard, Oregon. Appeal: A review of this decision may be obtained by filing a notice of intent with the Oregon Land Use Board of Appeals (LUBA) according to their procedures. Questions: If you have any questions, please call the City of Tigard Planning Division or the City Recorder at (503) 639-4171. • • CITY OF TIGARD,OREGON ORDINANCE NO. 04- 03 AN ORDINANCE AMENDING THE LANGUAGE OF THE TIGARD COMMUNITY DEVELOPMENT CODE CHAPTER 18.230 SECTION 030(D) TO MAKE THE DEFINITION OF "RESPONSIBLE PARTY" CONSISTENT WITH THE TIGARD MUNICIPAL CODE, AND CHAPTER 18.780 TO CLARIFY LANGUAGE THAT SERVES TO PROHIBIT `BILLBOARDS" WITHIN THE TIGARD CITY LIMITS AND TO DECLARE AN EMERGENCY. WHEREAS, the City of Tigard has requested a Zone Ordinance Amendment to amend.the language of the Tigard Community Development Code Chapter 18.230, Section 030(D) to make the definition of • "responsible party" consistent with the Tigard Municipal Code, and Chapter 18.780 to clarify language that serves to prohibit"billboards" within the Tigard City limits; and WHEREAS, the City of Tigard Planning Commission held a public hearing on January 5, 20.04 and unanimously recommended approval of the proposed amendment by motion; and WHEREAS, the City Council held a public hearing on the request on January 27, 2004 and indicated they were supportive of the proposed zone change and directed staff to prepare langauge and an Ordinance for Council review and approval; and WHEREAS, the City Council determined that signs that exceed the minimum dimensional requirements of "Free-way oriented freestanding" .signs create visual clutter that is potentially harmful to traffic and pedestrian safety, property values, business opportunities and the community's appearance. The City Council determines that it is appropriate that the City Council make a finding and declaration that this Ordinance is necessary for the protection and preservation of public health, public safety, public property, and public peace and welfare, and that this Ordinance should be in full force and effect immediately on its adoption; and WHEREAS, the City Council has considered the applicable Statewide Planning Goals and Guidelines . - adopted under Oregon Revised Statutes Chapter 197; any federal or state statutes or regulations found applicable; any applicable Metro regulations; any applicable Comprehensive Plan Policies; and any applicable provisions of the City's implementing ordinances; and WHEREAS, the City Council has found the following to be the only applicable review criteria: Community Development Code Chapters 18.380 and 18.390; Comprehensive Plan Policies 1.1.1 and 2.1.1; and Statewide Planning Goals 1 and 2; and WHEREAS, the City Council has determined that the proposed zone ordinance amendment is consistent with the applicable review criteria and that approving the request would be in the best interest of the City of Tigard. NOW, THEREFORE,THE CITY OF TIGARD ORDAINS AS FOLLOWS: 04— ORDINANCE No. 8 0 3 Page 1 • • SECTION 1: The specific text ameridements attached as "EXHIBIT A-1" to this Ordinance are hereby adopted and approved by the City Council. - SECTION 2: An emergency is declared to protect the health, safety, and welfare of the Citizens of Tigard. This ordinance shall be effective immediately after its passage by the Council, signature by the Mayor, and posting by the City Recorder. PASSED: By uf1A.n'Orne•US vote of all Cou cil members present after being read by number and title only,this a`7 ' day of , 2004. 0_,CW4RAihi Catherine Wheatley,City Recorder U APPROVED: By Tigard City Council this c y 7 day of � _.1� _�.�a,� ,2004. Crai Dirksen, Mayor Approved as to form: - \ Attorney / 2- 7 /6) 1 Date Ott— ORDINANCE No. 03 Page 2 • • • "EXHIBIT A-1 " • PROPOSED CHANGES ADDITIONS: Indicated by MEMO DELETIONS: Indicated by (Additionally,a bar in the far right margin also indicates where a change has been made. Example:-3 I ) . • • Chapter 18.230 • ENFORCEMENT Sections: 18.230.010 Provisions of this Title Declared to be Minimum Requirements • 18.230.020 Violation of Title Prohibited 18.230.030 Penalty 18:230.040 Complaints Regarding Violations 18.230.050 Inspection and Right of Entry 18.230.060 Abatement of Violations 18.230.070 Stop-Order Hearing 18.230.010 . Provisions of this Title Declared to be Minimum Requirements A. Minimum requirements intended. In their interpretation and application, the provisions of this title shall be held to be minimum requirements, adopted for the protection of the public health, safety,and general welfare. B. Most restrictive requirements apply. When the requirements of this title vary from other provisions of this title or with other applicable standards, the most restrictive or that imposing the highest standard shall govern. 18.230.020 Violation of Title Prohibited A. Violation of title prohibited. No person shall erect, construct, alter, maintain or use any building or structure or shall use, divide or transfer any land in violation of this title or any amendment thereto. 18.230.030 Penalty • A. Class 1 penalty. A violation of this title shall constitute a Class 1 civil infraction which shall be processed according to the procedures established in Chapter 1.16 of this code, Civil Infractions. B. Each violation a separate infraction.Each violation of a separate provision of this title shall constitute a separate infraction, and each day that a violation of this title is committed or permitted to continue shall constitute a separate infraction. C. Abatement of violation required. A finding of a violation of this title shall not relieve the responsible party of the duty to abate the violation. The penalties imposed by this section are in addition to and not in lieu of any remedies available to the City. D. -- . . •. . - • - •- : . --- -- -- } n."Responsible party" means the person responsible for curing or remedying a violation, which includes: 1. The owner of the property, or the owner's manager or agent or other person in control of the property on behalf of the owner; 2. The person occupying the property, including bailee, lessee, tenant or other person having possession; • Enforcement 18.230-1 11/26/98 • • 3. The person who is alleged to have committed the acts or omissions, created or allowed the condition to exist,or placed the object or allowed the object to exist on the property. 18.230.040 Complaints Regarding Violations A. Filing written complaint. Whenever a violation of this title occurs, or is alleged to have occurred, any person may file a signed, written complaint. B. File complaint with Director. Such complaints, stating fully the causes and basis thereof, shall be filed with the Director. The Director shall properly record such complaints, investigate and take action thereon as provided by this title. 18.230.050 Inspection and Right of Entry A. Right of entry. Whenever the Director has reasonable cause to suspect a violation of any provision of this chapter exists or when necessary to investigate an application for or revocation of any approval under any of the procedures described in this title, the Director may enter on any site or into any structure for the purpose of investigation, provided that no premises shall be entered without first attempting to obtain the consent of the owner or person in control of the premises if other than the owner. B. Search warrant. If consent cannot be obtained, the Director shall secure a search warrant from the City's municipal court before further attempts to gain entry, and shall have recourse to every other remedy provided by law to secure entry. 18.230.060 Abatement of Violations A. Abatement of violations. Any development or use which occurs contrary to the provisions of this title or contrary to any permit or approval issued or granted under this title is unlawful, and may be abated by appropriate proceedings. 18.230.070 Stop-Order Hearing • A. Stop order issued. Whenever any work is being done in violation of the provisions of the Code or a condition of any permit or other approval granted pursuant hereto, the Director may order the work stopped by notice in writing served on persons engaged in doing such work or causing such work to be done. All work under the permit or approval shall cease until it is authorized to continue. B. Stop-order hearing. The Director shall schedule a hearing if requested on the stop order for the soonest practicable date, but not more than seven (7) days after the effectiveness of any required notice. At the discretion of the Director, such hearing may be: 1. Part of a hearing on revocation of the underlying permit or approval pursuant to Section 18.390.050; or 2. Solely to determine whether a violation has occurred. The Hearings Officer shall hold this hearing and shall make written findings as to the violation within seven(7) days. Upon a finding of no violation, the Hearings Officer shall require the issuance of a resume work order. Upon finding a violation, the stop-order shall continue to be effective until the violating party furnishes Enforcement 18.230-2 11/26/98 • • Chapter 18.780 SIGNS Sections: 18.780.010 Purpose 18.780.012 Effective Date of this Chapter 18.780.015 Definitions 18.780.020 Permits Required 18.780.030 Permit Approval Process 18.780.040 Expiration of Approval: Standards for Extension of Time 18.780.050 Inspections 18.780.060 Permit Exemptions 18.780.070 Certain Signs Prohibited 18.780.080 Sign Illumination 18.780.085 Sign Measurement 18.780.090 Special Condition Signs 18.780.100 Temporary Signs 18.780.110 Nonconforming Signs 18.780.120 Sign Removal Provisions: Nonconforming and Abandoned Signs 18.780.130 Zoning District Regulations 18.780.140 Sign Code Adjustments 18.780.010 Purpose A. General purposes. The purposes of this chapter are: 1. To protect the health, safety,property and welfare of the public; 2. To promote the neat,clean, orderly and attractive appearance of the community; 3. To accommodate the need of sign users while avoiding nuisances to nearby properties; 4. To insure for safe construction,location,erection and maintenance of signs; 5. To prevent proliferation of signs and sign clutter; and 6. To minimize distractions for motorists on public highways and streets. 7. To regulate solely on the basis of time, place and manner of a sign, not on its content. B. Sign quality- In addition, it is the purpose of this chapter to regulate the design, quality of materials, construction, location, electrification, illumination and maintenance of all signs visible from public property or from public rights-of-way. C. Compliance with other laws and regulations. It is not the purpose of this chapter to permit the erection or maintenance of any sign at any place or in any manner unlawful under any other ordinance, or state or federal law. _ - Signs 18.780-1 SE Update: 03/02 • • Signs 18.780-2 SE Update: 03/02 • • 18.780.012 Effective Date of this Chapter A. Effective date. All references made in this chapter to the effective date of this chapter shall mean November 9, 1983, unless otherwise specifically stated in an ordinance revision. 18.780.015 Definitions A. Definitions. As used in this title, unless the context requires otherwise, the following words and phrases shall have the meanings set forth in this chapter. The definitions to be used in this chapter are in addition to Chapter 18.110,Definitions,and are as follows: 1. " `A' board sign"means any double face temporary rigid sign; 2. "Abandoned sign" means a structure not containing a sign for 90 continuous days or a sign not in use for 90 continuous days; 3. "Area" -see Section 18.780.085 for definition of sign area; 4. "Awning sign"means a wall sign incorporated into or attached to an awning; 5. "Balloon"-see"Temporary sign"; 6. "Banner" - see"Temporary sign"; 7. "Bench sign"means a bench designed to seat people which carries a written or graphic message; 8. "Billboard"means a -._- . -- -. ::: - -: : • 6- ::: •; • • -; a freestanding sign in excess of. the maximum size allowed, with adjustments, in the locations where it is located or proposed to be located. 9. 10.-"Building official" means officer or designee of the City empowered to enforce the Uniform Building Code; _ 10. 11.-"Business" means all of the activities carried on by the same legal entity on the same premises and includes charitable, fraternal, religious, educational or social organizations. "Legal entity" includes, but is not limited to, individual proprietorships, partnerships, corporations, nonprofit corporations, associations or joint stock companies; 11. -1.-"Construct" means every type of display in the form of letters, figures, characters and/or representations; 12. 13. "Cutout" means every type of display in the form of letters, figures, characters and/or representations in cutout or irregular form attached to or superimposed upon a sign; 13. 44-"Development review" means the site development review process set forth in Chapters 18.360; Signs 18.780-3 SE Update: 03/02 • • 14. -1--5="Directional sign" means a permanent sign which is designed and erected solely for the I purpose of traffic or pedestrian direction and placed on the property to which the public is directed; 15. -1-6—"Display surface" means the area made available by the sign structure for the purpose of I displaying the advertising or identification message; 16. 17. "Electrical sign"means any sign utilizing electrical wiring; 17. -l$—"Electronic information sign" means signs, displays, devices or portions thereof with lighted I messages that change at intermittent intervals, each lasting more than two seconds, by electronic process or remote control. Electronic information signs are not identified as rotating,revolving or moving signs. Also known as an automatic changeable copy sign or electronic variable message center; 18. -1-9-"Face of a building" means all windows and wall areas of a building in one or more parallel I planes; , _ 19. 20. "Flashing sign" means any sign which is illuminated by an intermittent or sequential flashing I light source whose interval is two seconds or less in duration, or which is in any other way animated so as to create the illusion of movement without actual physical movement or the illusion of a flashing or intermittent light or light source; 20. 2-1--"Flush pitched roof sign" means a sign attached to a mansard or similar type of vertically I aligned roof; 21. 22. "Freestanding sign" means a sign erected and mounted on a freestanding frame, mast or pole I and not attached to any building; 22. 23—"Freeway interchange" means any intersection of an exit off-ramp of Interstate Highway 5 or I State Highway 217 with a surface street; 23. 24-"Freeway-oriented sign" means a sign primarily designed to be read by a motorist traveling I on a highway designated by the Oregon State Highway Department as a freeway or expressway; specifically, these shall be Interstate 5 and Oregon State Highway #217, and shall not include Highway 99W; 24. 25. "Frontage"means the length of the property line of any one premises along a public roadway; I 25. 26. "Housing complex" means a grouping of one or more single-family attached residential units I or one or more multi-family residential units; 26. 27. "Immediate or serious danger"means: - I a. Whenever any portion of the structure is damaged by fire, earthquake, wind, flood or other causes, and any member or appurtenance is likely to fail, become detached or dislodged, or to collapse and thereby injure persons or damage property; b. Whenever any portion of the structure is not of sufficient strength or stability or is not so anchored, attached or fastened in place as to be capable of resisting a wind pressure of one- half of that specified in the Uniform Building Code for this type structure or similar structure, • Signs 18.780-4 SE Update: 03/02 • • and will not exceed the working stresses permitted in the Uniform Building Code for such structures; and c. Whenever the location of the sign structure obstructs the view of motorists traveling on the public streets or private property, and thus causes damage to property or thereby injures persons. 27. —"Industrial Park" means a parcel of land which complies with the requirements set forth in Chapter 18.530; 28. 29. "Lawn sign"- see"Temporary sign"; 29. 30. "Lighting methods"means: a. Direct-exposed lighting or neon tubes on the sign face; b. Flashing- lights which blink on and off randomly or in sequence; _ c. Indirect or External - the light source is separate from the sign face or cabinet and is directed so as to shine on the sign; and d._ Internal-the light source is concealed within the sign. 30. 31-"Maintenance" means normal care needed to keep a sign functional such as cleaning, oiling, changing and repair of light bulbs and sign faces. Does not include structural alteration; 31. 32-"Nonconforming sign" means a sign or sign structure lawfully erected and. properly maintained that would not be allowed under the sign regulations presently applicable to the site; 32. 33-"Non-structural trim" means the moldings, battens, caps, nailing strips and latticing, letters and walkways which are attached to a sign structure; 33. 34-"Painted wall decorations" means displays painted directly on a wall, designed and intended as a decorative or ornamental feature. Decorations may also include lighting; 34. 35-"Painted wall highlights" means painted areas which highlight a building's architectural or structural features; 35. 36-"Painted wall sign" means a sign applied to a building wall with paint and which has no sign structure; 36. 37-"Person" means individuals, corporations, associations, firms, partnerships and joint stock companies; - 37. 38-"Premises" means one or more lots on which are constructed or on which are to be • constructed a building or a group of buildings designed as a unit; 38. 39-"Projecting sign"means a sign attached to a building other than a wall sign in which the sign face is not parallel to the wall. Such sign shall not project above the wall of the building to which it is attached,except where there is an existing parapet; Signs 18.780-5 SE Update: 03/02 • •• 39. 40—"Projection"means the distance by which a projecting sign extends from a building;•", _ „ __ - .. - - - -' - - • 40. 42-"Reader-board sign" means any sign with changeable copy or a message, except electronic information signs; 41. 43—"Roof line" means the top edge of a roof or building parapet, whichever is higher, excluding any cupolas,chimneys or other minor projections; 42. 44—"Roof sign" means a sign erected fully upon or directly above a roof line or parapet of a building or structure. Exceptions: include approved temporary balloons, signs attached to existing architectural features and flush mounted"roof"signs; 43. 43—"Rotating, revolving or moving sign" means any sign, or portion of a sign, which moves in any manner; _ 44. 46. "Shopping center"means developments of not less than eight business units; 45. 47. "Shopping plaza"means developments of between two and seven business units; 46. 48—"Sign" means materials placed or constructed primarily to convey a message or other display and which can be viewed from a right-of-way, another property or from the air; 47. 49-"Sign structure" means any structure which supports or is capable of supporting any sign as described in the Uniform Building Code. A sign structure may be a single pole and may or may not be an integral part of a building; 48. 30-"Structural alteration" means modification of the size, shape or height of a sign structure. Also includes replacement of sign structure materials with other than.comparable materials, for example metal parts replacing wood parts; 49. 3-1T—"Surface street"means a street which does not have limited access and which is not a freeway or expressway; 50. 5 —"Temporary sign" means any sign, "A" board frame, banner, lawn sign or balloon which is not permanently erected or permanently affixed to any sign structure, sign tower, the ground or a building: a. Balloon - an inflatable, stationary temporary sign anchored by some means to a structure or the ground. Includes simple children's balloons, hot and cold air balloons, blimps and other dirigibles; b. Banner-a sign made of fabric or other nonrigid material with no enclosing framework; c. Lawn Sign - a freestanding sign in residential zones which is exempt from sign permit requirements provided the size requirements in Subsection 18.780.060 B2.can be met. 51. 53. "Tenant Sign"means a sign placed in control of a current tenant or property owner; • Signs 18.780-6 SE Update: 03/02 • • • 52. 34-"Uniform Building Code"means the most recent structural and specialty Oregon Uniform I Building Code as adopted by the Oregon Department of Commerce, and which Uniform Building Code, by this reference, is incorporated in this title to the extent of specific citations thereof in this title; 53. 55. "Wall Sign" means any sign attached to, painted on, or erected against the wall of a building or structure with the exposed face of the sign in a plane parallel to the plane of the wall. B: General rule. For the purpose of this chapter, words used in the present tense include the future, the singular number includes the plural, "shall" is mandatory and not Directory, and "building" includes "structures"except"sign structures." 18.780.020 Permits Required A. Compliance with regulations. No sign or sign structure shall hereafter be erected, re-erected, constructed, structurally altered or relocated within the City limits except as provided by this title, and a permit for the same sign or sign structure has been issued by the Director. B. Separate permits for each sign. A separate permit shall be required for each sign or signs for each business entity and a separate permit shall be required for each group of signs on a single supporting structure. C. Compliance with UBC. Separate structural permits under the Uniform Building Code shall also apply. D. Electrical permit required. An electrical permit shall be obtained for all illuminated signs, from the enforcing agency subject to the provisions of the State Electrical Code. E. Retroactive sign permits. The Director may require application for sign permits for a ll signage at a given address if no existing permits previously had been approved or documented. 18.780.030 Permit Approval Process _ A. Permits for existing signs. Permits for modification of existing signs, or to legalize signs for which a permit was not obtained when it was constructed, will be processed by means of a Type I procedure, as governed by Section 18.390.030,using the requirements of this chapter as approval criteria. B. Permits for new signs. Permits for new signs will be processed by means of a Type I procedure, as governed by Section 18.390.030,using the requirements of this chapter as approval criteria. C. Site plan. The applicant shall submit a proposed sign site plan. The Director shall provide the applicant with detailed information about this submission requirement 18.780.040 Expiration of Approval: Standards for Extension of Time A. Expiration of approval. Sign permit approval shall be effective for a period of 90 days from the date of approval. B. Reasons for lapsing. The sign permit approval shall lapse if: 1. Substantial construction of the approved plan has not begun within the 90 day period;or Signs 18.780-7 SE Update: 03/02 1. The sign shall be erected on private property with the consent of the lawful possessor of the • property and shall not be placed on utility poles or in the public right-of-way; and 2. At least one sign shall be permitted per parcel of land; additional signs on such parcel shall be spaced at least 50 feet apart in residential zoning districts and 30 feet apart in nonresidential zoning districts. C._ Exceptions. The sign permit provisions of this section shall not apply to repair, maintenance or change of copy on the same sign (including, but not limited to the changing of a message on a sign specifically designed and permitted for the use of changeable copy), or unlawfully erected or maintained signs. 18.780.070 Certain Signs Prohibited A. Prohibited display of flags and banners. It is a violation of this chapter to erect or maintain strings of pennants, banners or streamers, festoons of lights, clusters of flags, strings of twirlers or propellers, flashing or blinking lights, flares, balloons and similar devices of carnival character. Exceptions include: 1. National, state and institutional flags properly displayed; 2. Signs and banners approved as temporary signs;and 3. Balloons as allowed in Subsection 18.780.090C. B. Unsafe signs or improperly maintained signs. No sign shall be constructed, erected or maintained unless the sign and sign structure is so constructed, erected and maintained as to be able to withstand the wind, seismic and other requirements as specified in the Uniform Building Code or this title. C. Signs at intersections. No sign shall be erected at intersections of any streets in such a manner as to materially obstruct free and clear vision. All signs shall be consistent with Chapter 18.795 of this title: 1. No sign shall be erected at any location where, by reason of the position, shape or color, that interferes with, obstructs the view of, or could be confused with any authorized traffic signal or device;and 2. No sign shall be erected which makes use of the word "stop," "look," "danger," or any other similar word, phrase, symbol, or character in such manner as is reasonably likely to interfere with,mislead or confuse motorists. D. Obscenity. No sign shall bear or contain statements, words or pictures in which the dominant theme of the material, taken as a whole, appeals to the prurient interest in sex or is patently offensive because it affronts the contemporary community standard relating to the description or representation • of sexual material which is utterly without redeeming social value. &E.Traffic obstructing signs. No sign or sign structure shall be constructed in such a manner or at such a location that it will obstruct access to any fire escape or other means of ingress or egress from a building or any exit corridor, exit hallway or exit doorway. No sign or supporting structure shall cover, wholly or partially, any window or doorway in any manner that it will substantially limit access to the building in case of fire. Signs 18.780-10 SE Update: 03/02 • • C. Balloons. - 1. One inflatable, stationary balloon or one cluster of children's balloons firmly secured shall be allowed only if all of the following conditions are satisfied: a. A City of Tigard sign permit is obtained for each single or cluster of balloons; b. Each owner or legal occupant of property or a building shall be allowed one balloon per year; c. A balloon sign shall be allowed to remain up for a period of no longer than 10 days per year; d. A permit issued for a balloon will serve as one of the three sign permits allowed per business in a calendar year; e. Balloons may be permitted as roof signs with a City sign permit; f. The size of a balloon shall not exceed 25 feet in height; and g. The balloon shall be secured to a structure on the ground and shall not be allowed to float in the air higher than 25 feet above the nearest building roof line. D. Electronic message centers. 1. Electronic Message Center(variable message)sign regulations shall be as follows: a. Electronic message center signs shall be permitted only in the C-G and CBD zones; b. The maximum height and area of an electronic message center sign shall be that which is stipulated in Subsection 18.780.130C; c. An electronic message center shall be allowed to substitute for one freestanding sign or one wall sign; d. One electronic message center sign, either freestanding or wall-mounted, shall be allowed per premises; e. With regard to light patterns: (1) Traveling light patterns("chaser effect")shall be prohibited; (2) Messages and animation shall be displayed at intervals of greater than two seconds in duration. E. Free-standing freeway-oriented signs. 1. . . . . . . - . e . . • . - . -- e . . •- - . • • - . . --- •• :. . - . .: . • - . -- . : :; For signs requiring a permit under the Oregon Motorist Information Act, the City will determine pursuant to a Type 1 process whether the sign meets all applicable City standards and provide that determination to any applicant for a state permit consistent with ORS 377.723. Signs 18.780-14 SE Update: 03/02 • • 2. Freeway-oriented signs shall be permitted only in the C-G,I-P,I-L and I-H zoning districts; 3. Freeway-oriented signs shall be permitted to be located within 200 feet of Highway 217 and/or Interstate Freeway No. 5 rights-of-way as shown in the Freeway-Oriented Sign (FOS) overlay zone maps in Figure 1; (Figure 1 is on file in the City Recorder's office.) 4. One freestanding freeway-oriented sign shall be allowed per premises; 5. The maximum height of a freeway-oriented sign shall not exceed 35 feet from the ground level at its base; 6. For freestanding signs a total maximum sign area of 160 square feet per face (320 square feet total) shall be allowed. _ ::: :, . :•-- :. ::.:•e shall-apply; 7. Freeway-oriented signs shall be oriented to be viewed from the freeway; 8. In addition to a freeway-oriented sign, each parcel, development complex or premises shall be allowed one freestanding sign provided all other provisions of this chapter can be met and both signs are located on separate frontages with different orientations; 9. Freeway-oriented signs are not permitted as roof, tenant, temporary, balloon, wall and awning signs; F. Awning signs. 1. Awning signs shall be permitted in all zoning districts; 2. The copy on awning signs may not extend above the upper surfaces of the awning structure. They may be hung below the awning if the sign clears the sidewalk by at least 8-1/2 feet; 3. Awning signs may be internally or externally illuminated; and 4. Awning signs may extend into the public right-of-way 6-1/2 feet or 2/3 of the distance to the roadway, whichever is less. However, no sign may extend within two feet of the roadway. State Highway Division approval shall be necessary for awning signs on state highways. G. Flush pitched"roof'sign. 1. Flush pitched roof signs shall be allowed in all zoning districts except residential; - 2. The face of flush pitched roof signs may not extend more than six inches above the roof line; 3. Flush pitched roof signs shall be parallel to the building face. They may not extend beyond the building wall. Such surfaces shall be considered part of a wall surface in the calculation of total wall area; Signs 18.780-15 SE Update: 03/02 • • A. Applicability. For the purposes of this chapter,non-conforming signs will be defined as follows: 1. Except as provided in this chapter, signs in existence on March 20, 1978, in accordance with Ordinance Nos. 77-89 and 78-16, which do not conform to the provisions of this chapter, but which were constructed, erected or maintained in compliance with all previous regulations, shall be regarded as nonconforming signs which may be continued until March 20, 1988; • 2. Signs in existence on January 11, 1971, which do not conform to the provisions of this chapter, but which were constructed, erected or maintained in compliance with all previous regulations, were regarded as nonconforming signs and could be continued for a period of 10 years from January 11, 1971. All such signs which were not brought into compliance with the standards in Ordinance Nos. 77-89 and 78-16 and the extensions granted,are now in violation of this chapter; 3. Signs located on premises annexed into the City after January 11, 1971, which do not comply with the provisions of this chapter, shall be brought into compliance with this chapter within a period of ten years after the effective date of the annexation; 4. -Any sign which is structurally altered, relocated or replaced shall immediately be brought into compliance with all of the provisions of this chapter,except the repairing and restoration of a sign on site or away from the site to a safe condition. Any part of a sign or sign structure for normal • maintenance shall be permitted without loss of nonconforming status. B. Restrictions. For purposes of this title, a sign face or message change shall be subject to the following provisions: 1. A sign face or message change on a nonconforming sign is not allowed as an alteration when the affected property and sign structure have been abandoned for greater than 90 days; 2. A sign face or message change shall be allowed as an alteration only for existing conforming signs and for nonconforming signs prior to their amortization expiration date; and 3. No sign permit shall be required for allowable sign face or message changes. C. Reconstruction. Should a nonconforming sign or sign structure or nonconforming portion of structure be destroyed or repaired by any means to an extent of more than 50% of its replacement cost, it shall not be reconstructed except in conformity with the provisions of this title. D. Requirements for conformance. 1. Signs in existence on the effective date of this chapter which do not comply with provisions regulating flashing signs; use of par spotlights or rotating beacons; rotating and revolving signs; flags, banners, streamers, or strings of lights, or temporary or incidental signs; shall be made to conform within 90 days from the effective date of this chapter; - i - e „ - - 18.780.120 Sign Removal Provisions: Nonconforming and Abandoned Signs Signs 18.780-17 SE Update: 03/02 . • • EXHIBIT . Jack Biethan Josh Thomas 11023 SW Summerfield Drive#4 10395 SW Bonanza Tigard, OR 97224 Tigard, OR 97224 Brooks Gaston Tim Esau 3206 Princess PO Box 230695 Edinburg, TX 78539 Tigard, OR 97281 Don & Dorothy Erdt Ross Sundberg 13760 SW 121st Avenue 16382 SW 104th Avenue Tigard, OR 97223 Tigard, OR 97224 Ellen Beilstein Sue Rorman 14630 SW 139th Avenue 11250 SW 82nd Avenue Tigard, OR 97224 Tigard, OR 97223 Martha Bishop Naomi Gallucci 10590 SW Cook Lane 11285 SW 78th Avenue Tigard, OR 97223 Tigard, OR 97223 Vanessa Foster Michael Trigoboff 13085 SW Howard Drive 7072 SW Barbara Lane Tigard, OR 97223 Tigard, OR 97223 Susan Beilke Patricia Keerins 11755 SW 114th Place 12195 SW 121st Avenue Tigard, OR 97223 Tigard, OR 97223 Kristen Miller Alexander Craghead 8940 SW Edgewood Street 12205 SW Hall Boulevard Tigard, OR 97223 Tigard, OR 97223-6210 Paul Owen David Chapman 10335 SW Highland Drive 9840 SW Landau Place Tigard, OR 97224 Tigard, OR 97223 Rex Caffall Craig Smelter 13205 SW Village Glenn PO Box 1467 Tigard, OR 97223 Tualatin, OR 97062 • • Harold and Ruth Howland CPO 4B 13145 SW Benish 16200 SW Pacific Highway, Suite H242 Tigard, OR 97223 Tigard, OR 97224 Kevin Hogan 14357 SW 133rd Avenue Tigard, OR 97224 Gretchen Buehner 13249 SW 136th Place Tigard, OR 97224 Jon Sirrine 12761 SW 133rd Avenue Tigard, OR 97223 Judith Anderson 16640 SW Jordan Way King City, OR 97224 Beverly Froude 12200 SW Bull Mountain Road Tigard, OR 97224 Brad Spring 7555 SW Spruce Street Tigard, OR 97223 Brian Wegener 9830 SW Kimberly Drive Tigard, OR 97224 Barry Albertson 15445 SW 150th Avenue Tigard, OR 97224 • John Frewing 7110 SW Lola Lane Tigard, OR 97223 CITY OF TIGARD - CITYWIDE CIT SUBCOMMITTEE (i:\curpin\setup\labels\CIT CityWide.doc) UPDATED: 15-Jan-04 Forrin 2 DLCD NOTICE OF ADOPTION O Thi orm must be mailed to DLCD within 5 workin da s after the final decisio . O per ORS 197.610 and OAR Chapter 660-Division 18 O (See reverse side for submittal requirements) Jurisdiction: City of Tigard Local File No.: ZOA2003-00003 (If no number,use none) Date of Adoption: January 27, 2004 Date Mailed: February 3, 2004 (Must be filled in) Date mailed or sent to DLCD) Date this proposal was sent or mailed: November 12, 2003 (54 days) (Date mailed or sent to DLCD) Comprehensive Plan Text Amendment _ Comprehensive Plan Map Amendment X Land Use Regulation Amendment _ Zoning Map Amendment _ New Land Use Regulation _ Other: (Please Specify Type of Action) Summarize the adopted amendment. Do not use technical terms. Do not write "See Attached." A Zone Ordinance Amendment to review and amend the Tigard Sign Code Chapter 18.780 to clarify language regarding "Billboards" and "Freestanding Freeway Oriented Signs," and to amend the language of Section 18.230.030 to make the definition of "Responsible Party" consistent with Tigard Municipal Code Section 18.740.020(A)(1-3). Describe how the adopted amendment differs from the proposed amendment. If it is the same, write "Same." If you did not give notice for the proposed amendment, write "N/A." (Same) Plan Map Change from: N/A to N/A Zone Map Change from: N/A to N/A Location: Citywide Acres Involved: N/A Specify Density: Previous: N/A New: N/A Applicable Statewide Planning Goals: 1 & 2. Was an Exception adopted? Yes: _ No: X DLCD File No.: Form 2 • Did the Department of Land Conservation and Development receive a Notice of Proposed Amendment FORTY FIVE (45) days prior to the first evidentiary hearing? Yes: X No: If no, do the Statewide Planning Goals apply. Yes: _ No: If no, did The Emergency Circumstances Require immediate adoption. Yes: _ No: Affected State or Federal Agencies, Local Governments or Special Districts: DLCD, Metro, ODOT and the City of Tigard. Local Contact: Brad Kilby, Associate Planner Area Code + Phone Number: 503-639-4171 Address: 13125 SW Hall Boulevard City: Tigard, OR Zip Code + 4: 97223-8189 ADOPTION SUBMITTAL REQUIREMENTS This form must be mailed to DLCD within 5 working days after the final decision per ORS 197.610 and OAR Chapter 660-Division 18 1. Send this Form and Two (2) Copies of the Adopted Amendment to: ATTENTION: PLAN AMENDMENT SPECIALIST DEPARTMENT OF LAND CONSERVATION AND DEVELOPMENT 635 CAPITAL STREET NE, SUITE 150 SALEM, OREGON 97301-2540 COPY TO: Metro Land Use & Planning ODOT—Region 1, District 2-A 600 NE Grand Avenue Jane Estes, Permit Specialist Portland, OR 97232-2736 5440 SW Westgate Drive, Suite 3 Portland, OR 97221-2414 2. Submit Two (2) copies of adopted material, if copies are bounded please submit two (2) complete copies of documents and maps. 3. Please Note: Adopted materials must be sent to DLCD not later than five (5) working days following the date of the final decision on the amendment. 4. Submittal of this Notice of Adoption must include the text of the amendment plus adopted findings and supplementary information. 5. The deadline to appeal will be extended if you do not submit this Notice of Adoption within five working days of the final decision. Appeals to LUBA may be filed within TWENTY-ONE (21) days of the date, the "Notice of Adoption" is sent to DLCD. 6. In addition to sending the "Notice of Adoption" to DLCD, you must notify persons who participated in the local hearing and requested notice of the final decision. 7. Need More Copies? You can copy this form to 8-1/2x11 green paper only ; or call the DLCD Office at (503) 373-0050; or Fax your request to: (503) 378-5518; or Email your request to Larry.French(a�state.or.us—ATTENTION: PLAN AMENDMENT SPECIALIST. • .. • CITY OF TIGARD,OREGON ORDINANCE NO. 04- v3 AN ORDINANCE AMENDING THE LANGUAGE OF THE TIGARD COMMUNITY DEVELOPMENT CODE CHAPTER 18.230 SECTION 030(D) TO MAKE THE DEFINITION OF "RESPONSIBLE PARTY"CONSISTENT WITH THE TIGARD MUNICIPAL CODE, AND CHAPTER 18.780 TO CLARIFY LANGUAGE THAT SERVES TO PROHIBIT `BILLBOARDS" WITHIN THE TIGARD CITY LIMITS AND TO DECLARE AN EMERGENCY. WHEREAS, the City of Tigard has requested a Zone Ordinance Amendment to amend.the language of the Tigard Community Development Code Chapter 18.230, Section 030(D) to make the definition of "responsible party" consistent with the Tigard Municipal Code, and Chapter 18.780 to clarify language that serves to prohibit"billboards" within the Tigard City limits; and WHEREAS, the City of Tigard Planning Commission held a public hearing on January 5, 2004 and unanimously recommended approval of the proposed amendment by motion; and WHEREAS, the City Council held a public hearing on the request on January 27, 2004 and indicated they were supportive of the proposed zone change and directed staff to prepare langauge and an Ordinance for Council review and approval; and WHEREAS, the City Council determined that signs that exceed the minimum dimensional requirements of "Free-way oriented freestanding" signs create visual clutter that is potentially harmful to traffic and pedestrian safety, property values, business opportunities and the community's appearance. The City Council determines that it is appropriate that the City Council make a finding and declaration that this Ordinance is necessary for the protection and preservation of public health, public safety, public property, and public peace and welfare, and that this Ordinance should be in full force and effect immediately on its adoption;and WHEREAS, the City Council has considered the applicable Statewide Planning Goals and Guidelines _adopted under Oregon Revised Statutes Chapter 197; any federal or state statutes or regulations found applicable; any applicable Metro regulations; any applicable Comprehensive Plan Policies; and any applicable provisions of the City's implementing ordinances; and WHEREAS, the City Council has found the following to be the only applicable review criteria: Community Development Code Chapters 18.380 and 18.390; Comprehensive Plan Policies 1.1.1 and 2.1.1; and Statewide Planning Goals 1 and 2; and WHEREAS, the City Council has determined that the proposed zone ordinance amendment is consistent with the applicable review criteria and that approving the request would be in the best interest of the City of Tigard. NOW, THEREFORE,THE CITY OF TIGARD ORDAINS AS FOLLOWS: 04— ORDINANCE No. 0 0 3 . Page 1 . • • SECTION 1: The specific text amefidements attached as "EXHIBIT A-1" to this Ordinance are hereby adopted and approved by the City Council. • ---SECTION 2: An emergency is declared to protect the health, safety, and welfare of the Citizens of Tigard_ This ordinance shall be effective immediately after its passage by the Council, signature by the Mayor, and posting by the City Recorder. PASSED: By Unall.trADL1S vote of all Co cil members present after being read by number and title only,this a'7 ' day of 2004. Lettee/Lihk' Catherine Wheatley,City Recorder , tY r >6 APPROVED: By Tigard City Council this )7 day of ,2004. Crai irksen,Mayor Approved as to form: Gt.A.,t2,:__ l_bKr Attorney ;Y 7 70 I Date • ORDINANCE No_ 03 Page 2 • • - "EXHIBIT A-1 " • PROPOSED CHANGES ADDITIONS: Indicated by '.NRER;t. DELETIONS: Indicated by (Additionally,a bar in the far right margin also indicates where a change has been made. Example:—> I ) • • • . Chapter 18.230 • . ENFORCEMENT Sections: 18.230.010 Provisions of this Title Declared to be Minimum Requirements 18.230.020 Violation of Title Prohibited 18.230.030 Penalty 18.230.040 Complaints Regarding Violations 18.230.050 Inspection and Right of Entry 18.230.060 Abatement of Violations 18.230.070 Stop-Order Hearing 18.230.010 Provisions of this Title Declared to be Minimum Requirements A. Minimum requirements intended. In their interpretation and application, the provisions of this title shall be held to be minimum requirements, adopted for the protection of the public health, safety,and general welfare. ~ B. Most restrictive requirements apply. When the requirements of this title vary from other provisions of this title or with other applicable standards, the most restrictive or that imposing the highest standard shall govern. 18.230.020 Violation of Title Prohibited A. Violation of title prohibited. No person shall.erect, construct, alter, maintain or use any building or structure or shall use, divide or transfer any land in violation of this title or any amendment thereto. 18.230.030 Penalty A. Class 1 penalty. A violation of this title shall constitute a Class 1 civil infraction which shall be processed according to the procedures established in Chapter 1.16 of this code, Civil Infractions. B. Each violation a separate infraction.Each violation of a separate provision of this title shall constitute a separate infraction, and each day that a violation of this title is committed or permitted to continue shall constitute a separate infraction. C. Abatement of violation required_ A finding of a violation of this title shall not relieve the responsible party of the duty to abate the violation. The penalties imposed by this section are in addition to and not in lieu of any remedies available to the City. D. ' .. , . . . • " - • . . - - . -• tin "Res:onsible .a " means the .erson res.onsible for curin: or remed in: a violation which includes: I. The owner of the property, or the owner's manager or agent or other person in control of the property on behalf of the owner; 2. The person occupying the property, including bailee, lessee, tenant or other person having possession; Enforcement 18.230-1 11/26/98 . • • 3. The person who is alleged to have committed the acts or omissions, created or allowed the condition to exist, or placed the object or allowed the object to exist on the property. 18.230.040 Complaints Regarding Violations A. Filing written complaint. Whenever a violation of this title occurs, or is alleged to have occurred, any person may file a signed, written complaint. B. File complaint with Director. Such complaints,stating fully the causes and basis thereof, shall be filed with the Director. The Director shall properly record such complaints, investigate and take action thereon as provided by this title. 18.230.050 Inspection and Right of Entry A. Right of entry. Whenever the Director has reasonable cause to suspect a violation of any provision of this chapter exists or when necessary to investigate an application for or revocation of any approval under any of the procedures described in this title, the Director may enter on any site or into any structure for the purpose of investigation, provided that no premises shall be entered without first attempting to obtain the consent of the owner or person in control of the premises if other than the owner. B. Search warrant. If consent cannot be obtained, the Director shall secure a search warrant from the City's municipal court before further attempts to gain entry, and shall have recourse to every other remedy provided by law to secure entry. 18.230.060 Abatement of Violations A. Abatement of violations. Any development or use which occurs contrary to the provisions of this title or contrary to any permit or approval issued or granted under this title is unlawful, and may be abated by appropriate proceedings. 18.230.070 Stop-Order Hearing • A. Stop order issued. Whenever any work is being done in violation of the provisions of the Code or a condition of any permit or other approval granted pursuant hereto, the Director may order the work stopped by notice in writing served on persons engaged in doing such work or causing such work to be done. All work under the permit or approval shall cease until it is authorized to continue. B. Stop-order hearing. The Director shall schedule a hearing if requested on the stop order for the soonest practicable date, but not more than seven (7) days after the effectiveness of any required notice. At the discretion of the Director,such hearing may be: 1. Part of a hearing on revocation of the underlying permit or approval pursuant to Section 18.390.050; or 2. Solely to determine whether a violation has occurred. The Hearings Officer shall hold this hearing and shall make written findings as to the violation within seven (7) days. Upon a finding of no violation, the Hearings Officer shall require the issuance of a resume work order. Upon finding a violation, the stop-order shall continue to be effective until the violating party furnishes • Enforcement 18.230-2 11/26/98 • Chapter 18.780 SIGNS Sections: 18.780.010 Purpose 18.780.012 Effective Date of this Chapter 18.780.015 Definitions 18.780.020 Permits Required 18.780.030 Permit Approval Process • 18.780.040 Expiration of Approval: Standards for Extension of Time 18.780.050 Inspections 18.780.060 Permit Exemptions 18.780.070 Certain Signs Prohibited 18.780.080 Sign Illumination 18.780.085 Sign Measurement 18.780.090 Special Condition Signs 18.780.100 Temporary Signs 18.780.110 Nonconforming Signs 18.780.120 Sign Removal Provisions: Nonconforming and Abandoned Signs 18.780.130 Zoning District Regulations 18.780.140 Sign Code Adjustments 18.780.010 Purpose A. General purposes. The purposes of this chapter are: 1. To protect the health,safety,property and welfare of the public; 2. To promote the neat,clean,orderly and attractive appearance of the community; 3. To accommodate the need of sign users while avoiding nuisances to nearby properties; 4. To insure for safe construction, location,erection and maintenance of signs;. 5. To prevent proliferation of signs and sign clutter;and 6. To minimize distractions for motorists on public highways and streets. 7. To regulate solely on the basis of time,place and manner of a sign, not on its content. B. Sign quality. In addition, it is the purpose of this chapter to regulate the design, quality of materials, construction, location, electrification, illumination and maintenance of all signs visible from public property or from public rights-of-way. C. Compliance with other laws and regulations. It is not the purpose of this chapter to permit'the erection or maintenance of any sign at any place or in any manner unlawful under any other ordinance,or state or federal law. - . . . . . . • , 0 1.. . • Signs 18.780-1 SE Update: 03/02 • • Signs 18.780-2 SE Update: 03/02 • •- • • • : • • 18.780.012 Effective Date of this Chapter {3 A. Effective date. All references made in this chapter to the effective date of this chapter shall mean November 9, 1983,unless otherwise specifically stated in an ordinance revision. 18.780.015 Definitions A._ Definitions. As used in this title, unless the context requires otherwise, the following words and phrases shall have the meanings set forth in this chapter. The definitions to be used in this chapter are in addition to Chapter 18.110,Definitions,and are as follows: 1. " `A'board sign"means any double face temporary rigid sign; 2. "Abandoned sign" means a structure not containing a sign for 90 continuous days or a sign not in use for 90 continuous days; 3. "Area"-see Section 18.780.085 for definition of sign area; 4. "Awning sign"means a wall sign incorporated into or attached to an awning; 5. "Balloon"-see"Temporary sign"; 6. "Banner"- see"Temporary sign"; 7. "Bench sign"means a bench designed to seat people which carries a written or graphic message; I 8. `Billboard"means a - : -- -. ... . ::: -- .- . -; a freestanding sign in excess of. the maximum size allowed, with adjustments, in the locations where it is located - or proposed to be located. -" - -. .. . . 9. —10.-"Building official" means officer or designee of the City empowered to enforce the Uniform Building Code; 10. 14.-"Business" means all of the activities carried on by the same legal entity on the same premises and includes charitable, fraternal, religious, educational or social organizations. "Legal entity" .includes, but is not limited to, individual proprietorships, partnerships, corporations, nonprofit corporations,associations or joint stock companies; 11. 1.-"Construct" means every type of display in the form of letters, figures, characters and/or representations; 12. 13. "Cutout" means every type of display in the form of letters, figures, characters and/or representations in cutout or irregular form attached to or superimposed upon a sign; 13. -14-"Development review" means the site development review process set forth in Chapters 18-360; • • Signs 18.780-3 SE Update: 03/02 411111 • • 14. -1- --"Directional sign" means a permanent sign which is designed and erected solely for the • purpose' of traffic or pedestrian direction and placed on the property to which the public is directed; 15. -1-6_-"Display surface" means the area made available by the sign structure for the purpose of displaying the advertising or identification message; _ 16. 17. "Electrical sign"means any sign utilizing electrical wiring; 17. 4$—"Electronic information sign" means signs, displays, devices or portions thereof with lighted I messages that change at intermittent intervals, each lasting more than two seconds, by electronic process or remote control. Electronic information signs are not identified as rotating,revolving or moving signs. Also known as an automatic changeable copy sign or electronic variable message center; 18. -1-9-"Face of a building" means all windows and wall areas of a building in one or more parallel planes; 19. 2-0 "Flashing sign"means any sign which is illuminated by an intermittent or sequential flashing I light source whose interval is two seconds or less in duration, or which is in any other way animated so. as to create the illusion of movement without actual physical movement or the illusion of a flashing or intermittent light or light source; 20. 24—"Flush pitched roof sign" means a sign attached to a mansard or similar type of vertically I aligned roof; 21. 22. "Freestanding sign" means a sign erected and mounted.on a freestanding frame, mast or pole and not attached to any building; 22. 23—"Freeway interchange"means any intersection of an exit off-ramp of Interstate Highway 5 or I State Highway 217 with a surface street; 23. 24—"Freeway-oriented sign" means a sign primarily designed to be read by a motorist traveling I on a highway designated by the Oregon State Highway Department as a freeway or expressway; specifically, these shall be Interstate 5 and Oregon State Highway #217, and shall not include Highway 99W; 24. 25. "Frontage"means the length of the property line of any one premises along a public roadway; I 25. 26-"Housing complex" means a grouping of one or more single-family attached residential units I or one or more multi-family residential units; 26_ 27. "Immediate or serious danger"means: • a. Whenever any portion of the structure is damaged by fire, earthquake, wind, flood or other causes,and any member or appurtenance is likely to fail,become detached or dislodged,or to collapse and thereby injure persons or damage property; b. Whenever any portion of the structure is not of sufficient strength or stability or is not so anchored, attached or fastened in place as to be capable of resisting a wind pressure of one- half of that specified in the Uniform Building Code for this type structure or similar structure, • Signs 18.780-4 - SE Update: 03/02 • • and will not exceed the working stresses permitted in the Uniform Building Code for such structures; and 9 • c. Whenever the location of the sign structure obstructs the view'of motorists traveling on the public streets or private property, and thus causes damage to property or thereby injures persons. 27. 2$—"Industrial Park" means a parcel of land which complies with the requirements set forth in Chapter 18.530; 28 29 "Lawn sign"-see"Temporary sign"; 29. 30. "Lighting methods"means: a. Direct-exposed lighting or neon tubes on the sign face; b. Flashing-lights which blink on and off randomly or in sequence; c. Indirect or External the light source is separate from the sign face or cabinet and is directed so as to shine on the sign; and d. Internal-the light source is concealed within the sign. 30. 3-1-7--"Maintenance" means normal care needed to keep a sign functional such as cleaning, oiling, - changing and repair of light bulbs and sign faces. Does not include structural alteration; 31. 32—"Nonconforming sign" means a sign or 'sign structure lawfully erected and. properly maintained that would not be allowed under the sign regulations presently applicable to the site; 32. 33—"Non-structural trim" means the moldings, battens, caps, nailing strips and latticing, letters and walkways which are attached to a sign structure; 33. 347-"Painted wall decorations"means displays painted directly on a wall, designed and intended as a decorative or ornamental feature. Decorations may also include lighting; 34. 35—"Painted wall highlights" means painted areas which highlight a building's architectural or structural features; 35. 36-"Painted wall sign" means a sign applied to a building wall with.paint and which has no sign structure; 36. 3-77-"Person" means individuals, corporations, associations, firms, partnerships and joint stock companies; 37. 3&-"Premises" means one or more lots on which are constructed or on which are to be constructed a building or a group of buildings designed as a unit; 38. 39—"Projecting sign" means a sign attached to a building other than a wall sign in which the sign face is not parallel to the wall_ Such sign shall not project above the wall of the building to which it is attached,except where there is an existing parapet; Signs 18.780-5 SE Update: 03/02 • • • 39. 40-"Projection"means the distance by which a projecting sign extends from a building; "I --" - 40. 4-"Reader-board sign" means any sign with changeable copy or a message, except electronic information signs; 41. 43—"Roof line" means the top edge of a roof or building parapet, whichever is higher, excluding any cupolas,chimneys or other minor projections; 42. 44:-"Roof sign" means a sign erected fully upon or directly above a roof line or parapet of a building or structure. Exceptions: include approved temporary balloons, signs attached to existing architectural features and flush mounted"roof'signs; 43. 43—"Rotating, revolving or moving sign" means any sign, or portion of a sign, which moves in any manner; 44. 46 "Shopping center"means developments of not less than eight business units; 45. 47. "Shopping plaza"means developments of between two and seven business units; 46. 48—"Sign" means materials placed or constructed primarily to convey a message or other display and which can be viewed from a right-of-way, another property or from the air; 47. 49-"Sign structure" means any structure which supports or is capable of supporting any sign as described in the Uniform Building Code. A sign structure may be a single pole and may or may not be integral part of a building; 48. 30—"Structural alteration" means modification of the size, shape or height of a sign structure. Also includes replacement of sign structure materials with other than.comparable materials, for example metal parts replacing wood parts; 49. 3-1-"Surface street"means a street which does not have limited access ant-which is not a freeway or expressway; 50. 32-"Temporary sign" means any sign, "A" board frame, banner, lawn sign or balloon which is not permanently erected or permanently affixed to any sign structure, sign tower, the ground or a building: a. Balloon - an inflatable, stationary temporary sign anchored by some means to a structure or the ground. Includes simple children's balloons, hot and cold air balloons, blimps and other dirigibles; b. Banner-a sign made of fabric or other nonrigid material with no enclosing framework; c. Lawn Sign - a freestanding sign in residential zones which is exempt from sign permit requirements provided the size requirements in Subsection 18.780.060 B2.can be met- 51. 33—"Tenant Sign"means a sign placed in control of a current tenant or property owner; Signs 18.780-6 SE Update: 03/02 • • 52. 34-"Uniform Building Code"'means the most recent structural and specialty Oregon Uniform Building Code as adopted by the Oregon Department of Commerce, and which Uniform Building Code, by this reference, is incorporated in this title to the extent of specific citations thereof in this title; 53. 3-57--"Wall Sign" means any sign attached to, painted on, or erected against the wall of a building or structure with the exposed face of the sign in a plane parallel to the plane of the wall. B. General rule. For the purpose of this chapter, words used in the present tense include the future, the singular number includes the plural, "shall" is mandatory and not Directory, and "building" includes "structures"except"sign structures." 18.780.020 Permits Required A. Compliance with regulations. No sign or sign structure shall hereafter be erected, re-erected, constructed,structurally altered or relocated within the City limits except as provided by this title,and a permit for the same sign or sign structure has been issued by the Director. B. Separate permits for each sign. A separate permit shall be required for each sign or signs for each business entity and a separate permit shall be required for each group of signs on a single supporting structure. C. Compliance with UBC. Separate structural permits under the Uniform Building Code shall also apply. D. Electrical permit required. An electrical permit shall be obtained for all illuminated signs, from the enforcing agency subject to the provisions of the State Electrical Code. E. Retroactive sign permits. The Director may require application for sign permits for all signage at a given address if no existing permits previously had been approved or documented. 18.780.030 Permit Approval Process A. Permits for existing signs. Permits for modification of existing signs, or to legalize signs for which a permit was not obtained when it was constructed, will be processed by means of a Type I procedure, as governed by Section 18.390.030,using the requirements of this chapter as approval criteria. B. Permits for new signs. Permits for new signs will be processed by means of a Type I procedure, as governed by Section 18.390.030,using the requirements of this chapter as approval criteria. C. Site plan. The applicant shall submit a proposed sign site plan. The Director shall provide the applicant with detailed information about this submission requirement. 18.780.040 Expiration of Approval: Standards for Extension of Time A. Expiration of approval. Sign permit approval shall be effective for a period of 90 days from the date of approval. B. Reasons for lapsing_ The sign permit approval shall lapse if: . C . 1. Substantial construction of the approved plan has not begun within the 90 day period;or Signs 18.780-7 SE Update: 03/02 • • I. The sign shall be erected on private property with the consent of the lawful possessor of the property and shall not be placed on utility poles or in the public right-of-way; and 2. At least one sign shall be permitted per parcel of land; additional signs on such parcel shall be spaced at least 50 feet apart in residential zoning districts and 30 feet apart in nonresidential zoning districts. C._ Exceptions. The sign permit provisions of this section shall not apply to repair, maintenance or change of copy on the same sign (including, but not limited to the changing of a message on a sign specifically designed and permitted for the use of changeable copy), or unlawfully erected or maintained signs. 18.780.070 Certain Signs Prohibited A. Prohibited display of flags and banners. It is a violation of this chapter to erect or maintain strings of pennants, banners or streamers, festoons of lights, clusters of flags, strings of twirlers or propellers, flashing or blinking lights, flares, balloons and similar devices of carnival character. Exceptions include: 1. National, state and institutional flags properly displayed; 2. Signs and banners approved as temporary signs; and 3. Balloons as allowed in Subsection 18.780.090C. B. Unsafe signs or improperly maintained signs. No sign shall be constructed, erected or maintained unless the sign and sign structure is so constructed, erected and,maintained as to be able to withstand the wind,seismic and other requirements as specified in the Uniform Building Code or this title. C. Signs at intersections. No sign shall be erected at intersections of any streets in such a manner as to materially obstruct free and clear vision. All signs shall be consistent with Chapter 18.795 of this title: 1. No sign shall be erected at any location where, by reason of the position, shape or color; that interferes with, obstructs the view of, or could be confused with any authorized traffic signal or device;and 2. No sign shall be erected which makes use of the word "stop," "look," "danger," or any other similar word, phrase, symbol, or character in such manner as is reasonably likely to interfere with,mislead or confuse motorists. D. Obscenity. No sign shall bear or contain statements, words or pictures in which the dominant theme of the material, taken as a whole, appeals to the prurient interest in sex or is pafently 'offensive because it affronts the contemporary community standard relating to the description or representation of sexual material which is utterly without redeeming social value. EE.Traffic obstructing signs. No sign or sign structure shall be constructed in such a manner or at such a location that it will obstruct access to any fire escape or other means of ingress or egress from a building or any exit corridor, exit hallway or exit doorway. No sign or supporting structure shall cover, wholly or partially, any window or doorway in any manner that it will substantially limit access to the building in case of fire. • Signs 18.780-10 SE Update: 03/02 • • C. Balloons. ?. 1. One inflatable, stationary balloon or one cluster of children's balloons firmly secured shall be allowed only if all of the following conditions are satisfied: a. A City of Tigard sign permit is obtained for each single or cluster of balloons; b. Each owner or legal occupant of property or a building shall be allowed one balloon per year; c. A balloon sign shall be allowed to remain up for a period of no longer than 10 days per year; d. A permit issued for a balloon will serve as one of the three sign permits allowed per business in a calendar year; e. Balloons may be permitted as roof signs with a City sign permit; f. The size of a balloon shall not exceed 25 feet in height; and g. The balloon shall be secured to a structure on the ground and shall not be allowed to float in the air higher than 25 feet above the nearest building roof line. D. Electronic message centers. 1. Electronic Message Center(variable message)sign regulations shall be as follows: a. Electronic message center signs shall be permitted only in the C-G and CBD zones; -' b. The maximum height and area of an electronic message center sign shall be that which is stipulated in Subsection 18.780.130C; c. An electronic message center shall be allowed to substitute for one freestanding sign or one wall sign; d. One electronic message center sign,either freestanding or wall-mounted,shall be allowed per premises; e. With regard to light patterns: (1) Traveling light patterns("chaser effect")shall be prohibited; (2) Messages and animation shall be displayed at intervals of greater than two seconds in duration. E. Free-standing freeway-oriented signs. 1. . .. ' . .. e _ e . . • - . • - - - . .. . .. .. . . . .. . . • . - - - ; :; For signs requiring a permit under the Oregon Motorist Information Act, the City will determine pursuant to a Type 1 process whether the sign meets all applicable City standards and provide that determination to any applicant for a state permit consistent with ORS 377.723. Signs . 18.780-14 SE Update: 03/02 • 2. Freeway-oriented signs shall be permitted only in the C-G,I-P,I-L and I-H zoning districts; 3. Freeway-oriented signs shall be permitted to be located within 200 feet of Highway 217 and/or Interstate Freeway No. 5 rights-of-way as shown in the Freeway-Oriented Sign (FOS) overlay zone maps in Figure 1; (Figure 1 is on file in the City Recorder's office.) 4. One freestanding freeway-oriented sign shall be allowed per premises; 5. The maximum height of a freeway-oriented sign shall not exceed 35 feet from the ground level at its base; 6. For freestanding signs a total maximum sign area of 160 square feet per face (320 square feet total) shall be allowed. ... . •. . • . . . -- :L i a o shall-apply; 7. Freeway-oriented signs shall be oriented to be viewed from the freeway; 8. In addition to a freeway-oriented sign, each parcel, development complex or premises shall be allowed one freestanding sign provided all other provisions of this chapter can be met and both '- signs are located on separate frontages with different orientations; 9. Freeway-oriented signs are not permitted as roof, tenant, temporary, balloon, wall and awning signs; • F. Awning signs. 1. Awning signs shall be permitted in all zoning districts; 2. The copy on awning signs may not extend above the upper surfaces of the awning structure. They may be hung below the awning if the sign clears the sidewalk by at least 8-1/2 feet; 3. Awning signs may be internally or externally illuminated; and 4. Awning signs may extend into the public right-of-way 6-1/2 feet or 2/3 of the distance to the roadway, whichever is less. However, no sign may extend within two feet of the roadway. State Highway Division approval shall be necessary for awning signs on state highways. G. Flush pitched"roof"sign. 1. Flush pitched roof signs shall be allowed in all zoning districts except residential; 2. The face of flush pitched roof signs may not extend more than six inches above the roof line; 3. Flush pitched roof signs shall be parallel to the building face. They may not extend beyond the building wall. Such surfaces shall be considered part of a wall surface in the calculation of total wall area; Signs 18.780-15 SE Update: 03/02 • A. Applicability. For the purposes of tliis chapter,non-conforming signs will be defined as follows: 1. Except as provided in this chapter, signs in existence on March 20, 1978, in accordance with Ordinance Nos. 77-89 and 78-16, which do not conform to the provisions of this chapter, but which were constructed, erected or maintained in compliance with all previous regulations, shall be regarded as nonconforming signs which may be continued until March 20, 1988; 2. Signs in existence on January 11, 1971, which do not conform to the provisions of this chapter, but which were constructed, erected or maintained in compliance with all previous regulations, were regarded as nonconforming signs and could be continued for a period of 10 years from January 11, 1971. All such signs which were not brought into compliance with the standards in Ordinance Nos. 77-89 and 78-16 and the extensions granted,are now in violation of this chapter; 3. Signs located on premises annexed into the City after January 11, 1971, which do not comply with the provisions of this chapter, shall be brought into compliance with this chapter within a period of ten years after the effective date of the annexation; 4. Any sign Which is structurally altered, relocated or replaced shall immediately be brought into compliance with all of the provisions of this chapter,except the repairing and restoration of a sign on site or away from the site to a safe condition. Any part of a sign or sign structure for normal • maintenance shall be permitted without loss of nonconforming status. B. Restrictions. For purposes of this title, a sign face or message change shall be subject to the following provisions: 1. A sign face or message change on a nonconforming sign is not allowed as an alteration when the affected property and sign structure have been abandoned for greater than 90 days; 2. A sign face or message change shall be allowed as an alteration only for existing conforming signs and for nonconforming signs prior to their amortization expiration date; and 3. No sign permit shall be required for allowable sign face or message changes. C. Reconstruction. Should a nonconforming sign or sign structure or nonconforming portion of structure • be destroyed or repaired by any means to an extent of more than 50% of its replacement cost, it shall not be reconstructed except in conformity with the provisions of this title. D. Requirements for conformance. 1. Signs in existence on the effective date of this chapter which do not comply with provisions regulating flashing signs; use of par spotlights or rotating beacons; rotating and revolving signs; flags, banners, streamers, or strings of lights, or temporary or incidental signs; shall be made to conform within 90 days from the effective date of this chapter; . . . . . . : ; : - ...- - 1 1 18.780.120 Sign Removal Provisions: Nonconforming and Abandoned Signs • Signs 18.780-17 SE Update: 03/02 • • U.S. Postal Service CERTIFIED MAIL RECEIPT (Domestic Mail Only; No Insurance Coverage Provided) ern '°o F F C 11 A L Postage � f � , � m cc, :: rrl Certified Fee � '‘,-• �Postmark =- Return Receipt Fee 43 Hare °O (Endorsement Required) /``(1 Restricted Delivery Fee qI' O (Endorsement Required) �(�C I° Total Postage&Fees ..D m Sent To ° .___AATTN: PLAN AMENDMENT SPECIALIST o Stt' Oregon Dept. of Land Conservation & Development ° -Cf1635 Capital Street NE, Suite 150 (Salem, OR 97301-2540 PS Form 3800, anuary 21 r See Reverse for Instructions • SENDER: COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY f ■ Complete items 1,2,and 3.Also complete A. Si/ item 4 if Restricted Delivery is desired. X ' • _ -Agent I • Print your name and address on the reverse �.11 ' ❑Addressee so that we can return the card to you. B. -_.-ived by(Pri t Name) C. Date•f D-lively • • Attach this card to the back of the mailpiece, b ✓ L - 9 c/L fl or on the front if space permits. D. Is delivery address different from item 1? • =s 1. Article Addressed to: If YES,enter delivery address below: ❑No ATTN: PLAN AMENDMENT SPECIALIST Oregon Dept. of Land Conservation &Deve 635 Capital Street NE, Suite 150 3. Service Type Salem, OR 97301-2540 ®Certified Mall ❑Express Mail ❑ Registered ❑Return Receipt for Merchandise ❑Insured Mail ❑C.O.D. 4. Restricted Delivery?(Extra Fee) ❑Yes • 2. Article Number (Transfer from service label) 7001. 0360 0004 3954„ 7883 PS Form 3811,August 2001 Domestic Return Receipt 102595-02-M-1540 - J ' • • U.S. Postal Service CERTIFIED MAIL RECEIPT (Domestic Mail Only; No Insurance Coverage Provided) IN i� �. ll U S l Postage $ .. 6� '(\GANO C. /nom �9 ci- m Certified Fee i _ , 0 ��� �t V Z. Postmark 6V 4.5=- Return Receipt Fee / ') (� H ci (Endorsement Required) { ) cle k Restricted Delivery Fee Y G, " Cj CI (Endorsement Required) 1(� ry ID Total Postage&Fees •.-,t- -n ��, -- Sr-- mo Sent To ;ODOT- Region 1, District 2-A Street,Apt.No.; Jane Estes, Permit Specialist . 0 or PO Box No. 5440 SW Westgate Drive, Suite 350 r.,_ city,State,ZIP+i Portland, OR 97221-2414 PS Form 3800, .. • .. -- .everse or ns ructions SENDER: COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY • Complete items 1,2,and S.Also complete A. Sig -ture item 4 if Restricted Delivery is desired. / / ❑Agent • Print your name and address on the reverse x `_�� ❑Addressee so that we can return the card to you. B. Received by(Printed Name) C. Date• D=ivery • Attach this card to the back of the mailpiece, or on the front if space permits. ,7-%- i ' D.`Is delivery address different from item 1? ❑ =s 1. Article Addressed to: $:.•If YES,enter delivery address below: ❑ No ODOT-Region 1, District 2-A Jane Estes, Permit Specialist 5440 SW Westgate Drive, Suite 350 3. Service Type Portland, OR 97221-2414 Id Certified Mail ❑Express Mail ❑Registered ❑ Retum Receipt for Merchandise ❑Insured Mail ❑C.O.D. 4. Restricted Delivery?(Extra Fee) ❑Yes ' 2. Article Number 7001 0360 0004 3954 7876 (Transfer from service label) PS Form 3811,August 2001 Domestic Return Receipt 102595-02-M-1540 • • U.S. Postal Service CERTIFIED MAIL RECEIPT (Domestic Mail Only; No Insurance Coverage Provided) I 'r- a' I S E /`D 0 F i V) Postage $ ,� n \GAR Cr m Certified Fee v ,� Return Receipt Fee rj c Postmark 13 D (Endorsement Required) / Mere o? D Restricted Delivery Fee .; ,r•,' D (Endorsement Required) �� ° Total Postage$Fees ; 1.tD *1 SentTo io Metro Street,Apt.No.; 'ATTN: LAND USE & PLANNING D or PO Box No. 1600 NE Grand Avenue M1 City,State,zrP+a Portland, OR 97232-2736 PS Form 3800,January 2001 See Reverse for Instructions ' • 1 I SENDER: COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY • Complete items 1,2,and 3.Also complete A. •nat..= , item 4 if Restricted Delivery is desired. I, , G�/ / , A 'Agent 4 • Print your name and address on the reverse ❑Addressee ! so that we can return the card to you. :Received by(Printed Name) C. Dat of livery ; • Attach this card to the back of the mailpiece, ����y. l or on the front if space permits. ��l l W�7'Y/l r.;: U s�� GI D. Is delive sddr�different from item 1? ❑Yes 1. Article Addressed to: 3 If YE 14.r iRTtifr deliverldress below: ❑ No s ge Metro J' NO G ./��y ATTN: LAND USE & PLANNING - 600 NE Grand Avenue 3. Service Type Portland, OR 97232-2736 181 Certified Mail 0 Express Mail ❑.Registered ❑Return Receipt for Merchandise ❑Insured Mail ❑C.O.D. 4. Restricted Delivery?(Extra Fee) ❑Yes . Article Number 7001 0360 0004 3954 7890 i (Transfer from service label) - i Domestic Return Receipt 102595-02-M-154o PS Form 3811,August 2001 - -- — • • • COMMUNITY NEWSPAPERS Legal P.O. BOX 370 PHONE 503 684-0360 Notice( ) Notice TT 10 3 4 8 BEAVERTON, OREGON 97075 Legal I The Jen - 004 public hearing on this item has been` rescheduled to Tuesday January 27,2004,at 7:30 PM at the Tigard': City of Tigard Civic Center - Town Hall, 13125 SW Hall Blvd., Tigard tOregon.' 1312 5 SW Hall Blvd. The Tigard City Council will consider the following application: Public oral or written testimony is invited. The public hearing on this "Tigard gard,Oregon .9 7 2 2 3 matter will be held under Title 18 and rules of procedure adopted by, Accounts Payable the Council and available at City Hall or the rules of procedure set.. • forth in Section 18.390.060.E. Further information may be obtained from the City of_Tigard lPlanning Division at 13125 SW'Hall Blvd.,Tigard,Oregon 97223 or by calling 503-639-4171. , PUBLIC HEARING ITEM: AFFIDAVIT OF PUB ZONE ORDINANCE AMENDMENT(ZOA)2003=00003 STATE OF OREGON, OO BILLBOARDS&FREESTANDING FREEWAY. COUNTY OF WASHINGTON, )SS' ,ORIENTED SIGNS,CODE AMENDMENT<- - .- REQUEST:-:To review and amep,dthe Tigard Signs Code Chapter- !, Kathy • • - 18.780. to clarify language regarding "Billboards" . and being first duly sworn, depose and say_that I "Freestanding Freeway Oriented Signs," and to. amend the Director, or his principal clerk, of tho • • • language of Section 18.230.030 to make the definition of a newspaper of general circulation as defin "Responsible Party" consistent with Tigard Municipal Code. and 193.020; published at Ti•and Section 18.740.020(A)(1-3). LOCATION: Citywide. ZONE:, aforesaid county and state; that the N/A. APPLICABLE REVIEW CRITERIA: Statewide P • _ He•r n• Z C 2 0 0 3—0 0 0 0 3 Planning Goals 1 and 2;Comprehensive Plan Policies 1 and 2;and a printed copy of which is hereto annexed, w Community Development Code Chapters 18.230, 18.380; 18.390 • entire issue of said newspaper for ONE and 18.780. . TT 10348—Publish January 8,2004. consecutive in the following issues: . January 8 , 2004 • A e�(�.1■_ I_ • Subscribed and sworn to be •re me thit3th day of January, 2004 +r. OFFICIAL SEAL �. .( ROBIN A BURGESS tart' Public for Oregon 't. _ NOTARY PUBLIC-OREGON ®,�,/ COMMISSION NO.344589 My Commission Expires: MY COMMISSION EXPIRES MAY 16,2005 AFFIDAVIT • COMMUNITY NEWSPAPERS P.O. BOX 370 PHONE(503)684-0360 Notice TT 10 3 3 9 BEAVERTON, OREGON 97075 Legal - --. - -•-----�—�-- The following will .be cqnsidered by the Tigard Planning Commission on Monday January 5, 2004 at 7:00 PM and by the City of Tigard Tigard City Council on Tuesday January 13,-2004 at 7:3011h Pat 13125 SW Hall Blvd. the Tigard Civic Center-Town Hall, 13125 SW Hall Blvd., Tigard, Oregon. ' 'Tigard,Oregon 97223 Public oral or written testimony is invited. The public hearing on this Accounts Payable matter will be held under Title 18 and rules of procedure adoptedby • the Council and available at City Hall or the rules of.procedure$et forth in Section 18390.060E.. The Planning Commission'sreviley,tit for the purpose of making a recommendation to the City Council rn the.request.` The Council will then hold a public:.hearing-on41 request prior to making a decision. ': ' ''''-'1';',42.'.:,.: AFFIDAVIT OF PUBI Further information may be obtained from the City of Tigd STATE OF OREGON, � Planning Division at 13125 SW Hall Blvd.;Tigard;_Oregon 9.7229,; COUNTY OF WASHINGTON, ) ss' by calling 503'=639-41ITEM: PUBLIC HEARING ITEM: ' 4 1, Kathy Snyder ZONE ORDINANCE AMENDMENT(ZOA)2003=0.0003 ® BILLBOARDS&FREESTANDING FREEWAY' being first duly sworn, depose and say that I! , ORIENTED SIGNS CODE AMENDMENT ®"_; ';-"'"4 Director, or his principal clerk, of tha'' d nE REQUEST::'°To.review and amend the Sign;::Code:Ch�..�.; a newspaper of general circulation as defi Ti and 18.780 to clarify language regarding"Billboards"and°"Freesta r* , and 193.020; published at g Freeway.;Oriented_.Signs," and to amend the language'of Se ,; ' aforesaid county and state; that the Zone ' 18.230,030_to,rriake the definition of"Res onsible Pa ` '' ' Bill hoa rd s & S i gn s Code Amen:with ' Tigard '.Municipal Code " Section 18.74 Party". C . a printed copy of which is hereto annexed, w LOCATION: Citywide.' ZONE: N/A. APPLICABLE RE APPLICABLE RE !DA.4 entire issue of said newspaper for t7NF CRITERIA: Statewide'Planning Goals 1.-and-2;.Comprehei- ..:- Plan Policies 1 and 2; and Community Development Code'Clia.4,;.: consecutive in the following issues: 18.230, 18:380, 18.390.and 18.780. TT 10339-Publish December 18,2003. ' December 18 , 2003 i Kff:K,1111 , 46.17L _________ Subscribed and sworn to • e me this 1 8t-h r1a.y of fecember,2003 aet...)69• f'-� OFFICIAL SEAL _ .= ROBIN A BURGESS otary Public for Oregon NOTARY PUBUC-OREGON®+, 0 COMMISSION NO.344589 My Commission Expires: MY COMMISSION EXPIRES MAY 16,2005 AFFIDAVIT _ . _ Fr. 'I • DLCD NOTICE OF PROPOSED AMEN DM T T• .4 i must be received by DLCD at least 45 days prior to the first eviden i , per ORS 197.610, OAR Chapter 660- Division 18 and Senate Bill 543 and effective on June 30, 1999 (See reverse side for submittal requirements) risdiction: City of Tigard Local File No.: ZOA2003-00003 (If no number,use none) Date of First Evidentiary Hearing: 1/5/2004 Date of Final Hearing: 1/27/04 (Must be filled in) (Must be filled in)) Date Mailed: November 12,2003 (54 days) (Date mailed or sent to DLCD) Has this proposal been submitted to DLCD? _Yes XNo Date: N/A Comprehensive Plan Text Amendment _ Comprehensive Plan Map Amendment X Land Use Regulation Amendment _ Zoning Map Amendment New Land Use Regulation _ Other: (Please Specify Type of Action) Briefly summarize the proposal. Do not use technical terms. Do not write "See Attached." To review and amend the Tigard Sign Code Chapter 18.780 to clarify language regarding "Billboards" and "Freestanding Freeway oriented signs," and to amend the language of Section 18.230.030 to make the definition of"Responsible Party" consistent with Tigard Municipal Code Section 18.740.020(A)(1-3). Plan Map Change from: N/A to:N/A Zone Map Change from: N/A to: N/A Location: Citywide Acres Involved: N/A Specified change in Density: Current: N/A Proposed: N/A Applicable Statewide Planning Goals: 1 & 2 Is an Exception proposed?_ Yes X No Affected State or Federal Agencies, Local Governments or Special Districts: City of Tigard Local Contact: Brad Kilby, Associate Planner Area Code + Phone Number: (503) 639-4171 Address: 13125 SW Hall Boulevard City: Tigard, OR Zip Code + 4: 97223-8189 DLCD No.: 46 0 ,J SUBMITTAL REQUIREMENTS This form must be received by DLCD at least 45 days prior to the first evidentiary hearing per ORS 197.610,OAR Chapter 660-Division 18 and Senate Bill 543 and effective on June 30, 1999. 1. Send this Form and Two (2) Copies of the Proposed Amendment to: ATTENTION: PLAN AMENDMENT SPECIALIST DEPARTMENT OF LAND CONSERVATION AND DEVELOPMENT 635 CAPITAL STREET NE, SUITE 150 SALEM, OREGON 97301-2540 COPY TO: Metro Land Use & Planning 600 NE Grand Avenue Portland, OR 97232-2736 ODOT—Region 1, District 2-A Jane Estes, Permit Specialist 5440 SW Westgate Drive, Suite 3 Portland, OR 97221-2414 2. Unless exempt by ORS 197.610 (2), proposed amendments must be received at the DLCD's SALEM OFFICE at least FORTY-FIVE (45) before the first evidentiary hearing on the proposal. The first evidentiary hearing is usually the first public hearing held by the jurisdiction's planning commission on the proposal. 3. Submittal of proposed amendments shall include the text of the amendment and any other information the local government believes is necessary to advise DLCD of the proposal. "Text" means the specific language being added to or deleted from the acknowledged plan or land use regulations. A general description of the proposal is not adequate. 4. Submittal of proposed "map" amendments must include a map of the affected area showing existing and proposed plan and zone designations. The map should be on 8 1/2 x 11 inch paper. A legal description, tax account number, address or general description is not adequate. 5. Submittal of proposed amendments which involve a goal exception must include the proposed language of the exception. 6. Need More Copies? You can copy this form on to 8-1/2x11 green paper onlv8-1/2x11 green paper only; or call the DLCD Office at (503) 373-0050; or Fax your request to: (503) 378-5518; or email your request to Larry.Frenchstate.or.us — ATTENTION: PLAN AMENDMENT SPECIALIST. • • PROPOSED CHANGES ADDITIONS: Indicated by UNDERLINE DELETIONS: Indicated by (Additionally,a bar in the far right margin also indicates where a change has been made. Example:—> I ) • , Chapter 18.780 SIGNS Sections: 18.780.010 Purpose 18.780.012 Effective Date of this Chapter 18.780.015 Definitions 18.780.020 Permits Required 18.780.030 Permit Approval Process 18.780.040 Expiration of Approval: Standards for Extension of Time 18.780.050 Inspections 18.780.060 Permit Exemptions 18.780.070 Certain Signs Prohibited 18.780.080 Sign Illumination 18.780.085 Sign Measurement 18.780.090 Special Condition Signs 18.780.100 Temporary Signs 18.780.110 Nonconforming Signs 18.780.120 Sign Removal Provisions: Nonconforming and Abandoned Signs 18.780.130 Zoning District Regulations 18.780.140 Sign Code Adjustments 18.780.010 Purpose A. General purposes. The purposes of this chapter are: 1. To protect the health, safety,property and welfare of the public; 2. To promote the neat, clean, orderly and attractive appearance of the community; 3. To accommodate the need of sign users while avoiding nuisances to nearby properties; 4. To insure for safe construction, location, erection and maintenance of signs; 5. To prevent proliferation of signs and sign clutter; and 6. To minimize distractions for motorists on public highways and streets. 7. To regulate solely on the basis of time,place and manner of a sign, not on its content. B. Sign quality. In addition, it is the purpose of this chapter to regulate the design, quality of materials, construction, location, electrification, illumination and maintenance of all signs visible from public property or from public rights-of-way. C. Compliance with other laws and regulations. It is not the purpose of this chapter to permit the erection or maintenance of any sign at any place or in any manner unlawful under any other ordinance, or state or federal law. _ • _ Y. . . . _.. _ __ • e - Signs 18.780-1 SE Update: 03/02 • • Signs 18.780-2 SE Update: 03/02 • • 18.780.012 Effective Date of this Chapter A. Effective date. All references made in this chapter to the effective date of this chapter shall mean November 9, 1983, unless otherwise specifically stated in an ordinance revision. • 18.780.015 Definitions A. Definitions. As used in this title, unless the context requires otherwise, the following words and phrases shall have the meanings set forth in this chapter. The definitions to be used in this chapter are in addition to Chapter 18.110, Definitions, and are as follows: 1. " `A' board sign"means any double face temporary rigid sign; 2. "Abandoned sign" means a structure not containing a sign for 90 continuous days or a sign not in • use for 90 continuous days; 3. "Area" - see Section 18.780.085 for definition of sign area; 4. "Awning sign"means a wall sign incorporated into or attached to an awning; 5. "Balloon" - see "Temporary sign"; 6. "Banner" - see"Temporary sign"; 7. "Bench sign"means a bench designed to seat people which carries a written or graphic message; 8. "Billboard" means a sign face supported by a billboard structure; a freestanding sign in excess of the maximum size allowed, with adjustments, in the locations where it is located or proposed to be located. ": . 9. 10. "Building official" means officer or designee of the City empowered to enforce the Uniform Building Code; 10. --14. "Business" means all of the activities carried on by the same legal entity on the same premises and includes charitable, fraternal, religious, educational or social organizations. "Legal entity" includes, but is not limited to, individual proprietorships, partnerships, corporations, nonprofit corporations, associations or joint stock companies; 11. 4-2. "Construct" means every type of display in the form of letters, figures, characters and/or representations; • 12. 13. "Cutout" means every type of display in the form of letters, figures, characters and/or representations in cutout or irregular form attached to or superimposed upon a sign; 13. 4-4—"Development review" means the site development review process set forth in Chapters 18.360; Signs 18.780-3 SE Update: 03/02 • • 14. -15-"Directional sign" means a permanent sign which is designed and erected solely for the I purpose of traffic or pedestrian direction and placed on the property to which the public is directed; 15. -1-6="Display surface" means the area made available by the sign structure for the purpose of displaying the advertising or identification message; 16. 17. "Electrical sign" means any sign utilizing electrical wiring; 17. -1-8="Electronic information sign" means signs, displays, devices or portions thereof with lighted I messages that change at intermittent intervals, each lasting more than two seconds, by electronic process or remote control. Electronic information signs are not identified as rotating,revolving or moving signs. Also known as an automatic changeable copy sign or electronic variable message center; • 18. "Face of a building" means all windows and wall areas of a building in one or more parallel I planes; 19. 20. "Flashing sign" means any sign which.is illuminated by an intermittent or sequential flashing I light source whose interval is two seconds or less in duration, or which is in any other way animated so as to create the illusion of movement without actual physical movement or the illusion of a flashing or intermittent light or light source; 20. 2-1--"Flush pitched roof sign" means a sign attached to a mansard or similar type of vertically I aligned roof; 21. 22. "Freestanding sign" means a sign erected and mounted on a freestanding frame, mast or pole I and not attached to any building; 22. 23. "Freeway interchange" means any intersection of an exit off-ramp of Interstate Highway 5 or I State Highway 217 with a surface street; 23. 247-"Freeway-oriented sign" means a sign primarily designed to be read by a motorist traveling I on a highway designated by the Oregon State Highway Department as a freeway or expressway; specifically, these shall be Interstate 5 and Oregon State Highway #217, and shall not include Highway 99W; 24. 25. "Frontage"means the length of the property line of any one premises along a public roadway; I 25. 26. "Housing complex" means a grouping of one or more single-family attached residential units I or one or more multi-family residential units; 26. 27. "Immediate or serious danger"means: • a. Whenever any portion of the structure is damaged by fire, earthquake, wind, flood or other causes, and any member or appurtenance is likely to fail, become detached or dislodged, or to collapse and thereby injure persons or damage property; b. Whenever any portion of the structure is not of sufficient strength or stability or is not so anchored, attached or fastened in place as to be capable of resisting a wind pressure of one- •half of that specified in the Uniform Building Code for this type structure or similar structure, Signs 18.780-4 SE Update: 03/02 • • and will not exceed the working stresses permitted in the Uniform Building Code for such structures; and c. Whenever the location of the sign structure obstructs the view of motorists traveling on the public streets or private property, and thus•causes damage to property or thereby injures persons. 27. 28. "Industrial Park" means a parcel of land which complies with the requirements set forth in Chapter 18.530; 28. 29. "Lawn sign"- see"Temporary sign"; 29. 30. "Lighting methods"means: a. Direct-exposed lighting or neon tubes on the sign face; b. Flashing- lights which blink on and off randomly or in sequence; c. Indirect or External - the light source is separate from the sign face or cabinet and is directed so as to shine on the sign; and d. Internal - the light source is concealed within the sign. • 30. 3-1 "Maintenance" means normal care needed to keep a sign functional such as cleaning, oiling, changing and repair of light bulbs and sign faces. Does not include structural alteration; 31. 32. "Nonconforming sign" means a sign or sign structure lawfully erected and properly maintained that would not be allowed under the sign regulations presently applicable to the site; 32. 33. "Non-structural trim" means the moldings, battens, caps, nailing strips and latticing, letters and walkways which are attached to a sign structure; 33. 34—"Painted wall decorations"means displays painted directly on a wall, designed and intended as a decorative or ornamental feature. Decorations may also include lighting; 34. 35. "Painted wall highlights" means painted areas which highlight a building's architectural or structural features; 35. 36. "Painted wall sign" means a sign applied to a building wall with paint and which has no sign structure; 36. 3-- "Person" means individuals, corporations, associations, firms, partnerships and joint stock companies; 37. 38. "Premises" means one or more lots on which are constructed or on which are to be constructed a building or a group of buildings designed as a unit; • 38. 39-"Projecting sign"means a sign attached to a building other than a wall sign in which the sign face is not parallel to the wall. Such sign shall not project above the wall of the building to which it is attached, except where there is an existing parapet; Signs 18.780-5 SE Update: 03/02 • • • 39. 40-"Projection"means the distance by which a projecting sign extends from a building; 35. 41. "Public sign" mean signs legally-erected for traffic or informational purposes by or on 40. 42-"Reader-board sign" means any sign with changeable copy or a message, except electronic information signs; 41. 43—"Roof line" means the top edge of a roof or building parapet, whichever is higher, excluding any cupolas, chimneys or other minor projections; 42. 44-"Roof sign" means a sign erected fully upon or directly above a roof line or parapet of a building or structure. Exceptions: include approved temporary balloons, signs attached to existing architectural features and flush mounted"roof' signs; 43. 4-"Rotating, revolving or moving sign" means any sign, or portion of a sign, which moves in any manner; 44. 46. "Shopping center"means developments of not less than eight business units; 45. 47. "Shopping plaza"means developments of between two and seven business units; 46. 48-"Sign" means materials placed or constructed primarily to convey a message or other display and which can be viewed from a right-of-way, another property or from the air; 47. ;49—"Sign structure" means any structure which supports or is capable of supporting any sign as described in the Uniform Building Code. A sign structure may be a single pole and may or may not be an integral part of a building; 48. 50. "Structural alteration" means modification of the size, shape or height of a sign structure. Also includes replacement of sign structure materials with other than comparable materials, for example metal parts replacing wood parts; 49. 3-1—"Surface street"means a street which does not have limited access and which is not a freeway or expressway; 50. 52. "Temporary sign" means any sign, "A" board frame, banner, lawn sign or balloon which is not permanently erected or permanently affixed to any sign structure, sign tower, the ground or a building: a. Balloon - an inflatable, stationary temporary sign anchored by some means to a structure or the ground. Includes simple children's balloons, hot and cold air balloons, blimps and other dirigibles; b. Banner- a sign made of fabric or other nonrigid material with no enclosing framework; c. Lawn Sign - a freestanding sign in residential zones which is exempt from sign permit requirements provided the size requirements in Subsection 18.780.060 B2. can be met. 51. 53. "Tenant Sign"means a sign placed in control of a current tenant or property owner; Signs 18.780-6 SE Update: 03/02 • • 52. "Uniform Building Code" means the most recent structural and specialty Oregon Uniform Building Code as adopted by the Oregon Department of Commerce, and which Uniform Building Code, by this reference, is incorporated in this title to the extent of specific citations thereof in this title; 53. sr5—"Wall Sign" means any sign attached to, painted on, or erected against the wall of a building or structure with the exposed face of the sign in a plane parallel to the plane of the wall. B. General rule. For the purpose of this chapter, words used in the present tense include the future, the singular number includes the plural, "shall" is mandatory and not Directory, and "building" includes "structures" except"sign structures." 18.780.020 Permits Required A. Compliance with regulations. No sign or sign structure shall hereafter be erected, re-erected, constructed, structurally altered or relocated within the City limits except as provided by this title,and a permit for the same sign or sign structure has been issued by the Director. B. Separate permits for each sign. A separate permit shall be required for each sign or signs for each business entity and a separate permit shall be required for each group of signs on a single supporting structure. C. Compliance with UBC. Separate structural permits under the Uniform Building Code shall also apply. D. Electrical permit required. An electrical permit shall be obtained for all illuminated signs, from the enforcing agency subject to the provisions of the State Electrical Code. E. Retroactive sign permits. The Director may require application for sign permits for all signage at a given address if no existing permits previously had been approved or documented. 18.780.030 Permit Approval Process A. Permits for existing signs. Permits for modification of existing signs, or to legalize signs for which a permit was not obtained when it was constructed, will be processed by means of a Type I procedure, as governed by Section 18.390.030, using the requirements of this chapter as approval criteria. B. Permits for new signs. Permits for new signs will be processed by means of a Type I procedure, as governed by Section 18.390.030, using the requirements of this chapter as approval criteria. C. Site plan. The applicant shall submit a proposed sign site plan. The Director shall provide the applicant with detailed information about this submission requirement. 18.780.040 Expiration of Approval: Standards for Extension of Time • A. Expiration of approval. Sign permit approval shall be effective for a period of 90 days from the date of approval. B. Reasons for lapsing. The sign permit approval shall lapse if: 1. Substantial construction of the approved plan has not begun within the 90 day period; or Signs 18.780-7 SE Update: 03/02 • • 2. Construction on the site is a departure from the approved plan. C. Extension of approval. The Director shall, upon written request by the applicant, grant an extension of the approval period not to exceed 90 days provided that: 1. No changes are made on the original sign permit plan as approved; 2. The applicant can show intent of initiating construction of the sign within the 90 day extension period; and 3. There have been no changes in the applicable policies and ordinance provisions and Uniform Building Code provisions on which the approval was based. 18.780.050 Inspections A. Construction inspection. General requirements for the inspection of signs during and following construction: 1. All construction work for which a permit is required shall be subject to an inspection by the Building Official in accordance with the Uniform Building Code and this title: a. A survey of the lot or proposed location for sign erection may be required by the Building Official to verify compliance of the structure with approved plans; and b. Neither the Building Official nor the jurisdiction shall be liable for expense or other obligations entailed in the removal or replacement of any material required to allow inspection. B. Inspection requests. It shall be the duty of the person doing the work authorized by a permit to notify the Building Official that such work is ready for inspection. The Building Official may require that every request for inspection be filed at least one working day before such inspection is desired. C. Required interim inspections. 1. Reinforcing steel or structural framework of any part of the proposed structure shall not be covered or concealed without first obtaining approval of the Building Official; 2. Foundation inspections shall be made after all required excavations, form work and bolt settings are completed and ready to receive concrete; 3. All anchorages shall be left exposed for inspection; 4. Electrical inspection shall be made by the agency issuing electrical permits. D. Final inspections. Final inspection shall be called for by the applicant when all work is completed. This inspection shall cover all items required by the Building Official under State law or City ordinances such as the locations, landscaping if required, and general compliance with the approved plans and requirements of this title. Signs 18.780-8 SE Update: 03/02 • . • E. Director's inspection. The Director is authorized and directed to enforce all of the provisions of this chapter: • 1. All signs for which permits are required shall be inspected by the Director; and 2. Upon presentation of proper credentials, the Director may enter,at reasonable times any building, structure, or premises in the City to perform any duty imposed upon the position by this chapter. 18.780.060 Permit Exemptions A. Exemptions from permit requirements. The following signs and operations shall not require a sign permit but shall conform to all other applicable regulations of this chapter and the provisions of Subsection B below: 1. Lawn signs which do not exceed the maximum allowable area on one premise regardless of the number of signs as follows: a. A total of 12 square feet in the R-1, R-2,R-3.5, R-4.5 and R-7 zones; b. A total of 24 square feet in the R-12, R-25 and R-40 zones. 2. Signs not oriented or intended to be legible from a right-of-way, other property or from the air; 3. Signs inside a building, except for strobe lights visible from a right-of-way, other property or from the air; 4. Painted wall decorations; 5. Painted wall highlights; 6. Signs affected by stipulated judgments to which the City is a party, entered by courts of competent jurisdiction; 7. Directional signs; • 8. Interior window signs; 9. Nothing in this title shall prevent the erection, location or construction of directional signs on private property when such signs are solely designed to direct pedestrians or vehicular traffic while on the parcel of real property on which the signs are located. No sign permit or fee shall be required for such signs; and 10. Nothing in this title shall prevent the erection, location or construction of signs on private property where such erection, construction or location is required by any law or ordinance, nor shall any public agency or utility be prohibited from erecting signs on private property when otherwise permitted. No sign permit or fee shall be required for such signs. B. Requirements for exempted signs. All signs exempt from permit requirements under Subsection A above shall meet the following requirements: Signs 18.780-9 SE Update: 03/02 • • • 1. The sign shall be erected on private property with the consent of the lawful possessor of the property and shall not be placed on utility poles or in the public right-of-way; and 2. At least one sign shall be permitted per parcel of land; additional signs on such parcel shall be spaced at least 50 feet apart in residential zoning districts and 30 feet apart in nonresidential zoning districts. C. Exceptions. The sign permit provisions of this section shall not apply to repair, maintenance or change of copy on the same sign (including, but not limited to the changing of a message on a sign specifically designed and permitted for the use of changeable copy), or unlawfully erected or maintained signs. 18.780.070 Certain Signs Prohibited A. Prohibited display of flags and banners. It is a violation of this chapter to erect or maintain strings of pennants, banners or streamers, festoons of lights, clusters of flags, strings of twirlers or propellers, flashing or blinking lights, flares, balloons and similar devices of carnival character. Exceptions include: • 1. National, state and institutional flags properly displayed; 2. Signs and banners approved as temporary signs; and 3. Balloons as allowed in Subsection 18.780.090C. B. Unsafe signs or improperly maintained signs. No sign shall be constructed, erected or maintained unless the sign and sign structure is so constructed, erected and maintained as to be able to withstand the wind, seismic and other requirements as specified in the Uniform Building Code or this title. C. Signs at intersections. No sign shall be erected at intersections of any streets in such a manner as to materially obstruct free and clear vision. All signs shall be consistent with Chapter 18.795 of this title: 1. No sign shall be erected at any location where, by reason of the position, shape or"color, that interferes with, obstructs the view of, or could be confused with any authorized traffic signal or device; and 2. No sign shall be erected which makes use of the word "stop," "look," "danger," or any other • similar word, phrase, symbol, or character in such manner as is reasonably likely to interfere with, mislead or confuse motorists. D. Obscenity. No sign shall bear or contain statements, words or pictures in which the dominant theme of the material, taken as a whole, appeals to the prurient interest in sex or is patently offensive because it affronts the contemporary community standard relating to the description or representation of sexual material which is utterly without redeeming social value. &D. Traffic obstructing signs. No sign or sign structure shall be constructed in such a manner or at such a location that it will obstruct access to any fire escape or other means of ingress or egress from a building or any exit corridor, exit hallway or exit doorway. No sign or supporting structure shall cover, wholly or partially, any window or doorway in any manner that it will substantially limit access to the building in case of fire. Signs 18.780-10 SE Update: 03/02 • • F. Bare light bulbs. Strings of bare lights shall not be constructed, erected, or maintained within view of any private or public street or right-of-way except if designed as part of a structure's architectural design. This subsection shall not apply to lighting displays as described in Subsection 18.780.070.A.2. G. Roof signs. Roof signs of any kind are prohibited, including temporary signs with the sole exception of approved temporary balloons. H. Revolving signs. Revolving,rotating or moving signs of any kind are prohibited. I. Flashing signs. A sign which displays flashing or intermittent or sequential light, or lights of changing degrees or intensity, with each interval in the cycle lasting two seconds or less. Exposed reflective type bulbs, strobe lights,rotary beacons,par spots, zip lights,or similar devices shall be prohibited. J. Temporary signs with illumination or changeable copy. A sign not permanently erected or affixed to any sign structure, sign tower or building which is an electrical or internally illuminated sign or a sign with changeable message characteristics. K. Right-of-way. Signs in the public right-of-way in whole or in part, except signs legally erected for informational purposes by or on behalf of a government agency. L. Signs on a vehicle. Any sign placed on or painted on a motor vehicle or trailer, as defined by ORS Chapter 801, with the primary purpose of providing a sign not otherwise allowed for by this chapter. M. Billboards. Billboards are prohibited. 18.780.080 Sign Illumination A. Surface brightness. The surface brightness of any sign shall not exceed that produced by the diffused output obtained from 800 milliampere fluorescent light sources spaced not closer than eight inches, center on center. B. No exposed incandescent lamps. Any exposed incandescent lamp which exceeds 25 watts shall not be used on the exterior surface of any sign so as to expose the face of such bulb or lamp to any public street or public right-of-way with the exception of electronic information signs. 18.780.085 Sign Measurement A. Projecting and freestanding signs. 1. The area of a freestanding or projecting sign shall include all sign faces counted in calculating its area. Regardless of the number of sign cabinets or sign faces, the total allowable area shall not be exceeded; 2. The area of the sign shall be measured as follows if the sign is composed of one or more individual cabinets or sides: a. The area around and enclosing the perimeter of each cabinet, sign face or module shall be summed and then totaled to determine total area. The perimeter of measurable area shall not Signs 18.780-11 SE Update: 03/02 • • include embellishments such as pole covers, framing and decorative roofing, provided there is no written advertising copy, symbols or logos on such embellishments; b. If the sign is composed of more than two sign cabinets, sign facia or modules, the area enclosing the entire perimeter of all cabinets and/or modules within a single, continuous geometric figure shall be the area of the sign. Pole covers and other embellishments shall not be included in the area of the sign measurement if they do not bear written advertising copy, symbols or logos; and • c. The overall height of a freestanding sign or sign structure is measured from the grade directly below the sign to the highest point of the sign or sign structure and shall include architectural and structural embellishments. B. Wall Signs. 1. The area of the sign shall be measured as follows: a. The area around and enclosing the perimeter of each cabinet, sign face or module shall be summed and then totaled to determine total area. The perimeter of measurable area shall not include embellishments such as pole covers, framing and decorative roofing, provided there is no written advertising copy, symbols or logos on such embellishments; b. If the sign is composed of individual letters or symbols using the wall as the background with or without added decoration, the total sign area shall be calculated by measuring the area within the perimeter of all symbols and letters or other decoration including logos; c. Measurement of the wall area pertaining to flush pitched "roof' signs shall be calculated as if the sign were mounted directly on the wall face immediately below the sign; and d. Measurement of the wall area pertaining to awning or canopy signs shall be calculated to include the vertical surface of the awning or canopy on which the sign is to be mounted and the wall surface of the structure to which it is attached. 18.780.090 Special Condition Signs " A. Applicability. Special-condition signs shall have special or unique dimensional, locational, illumination, maximum number or other requirements imposed upon them in addition to the • regulations contained in this chapter. B. Bench signs. 1. Bench signs shall only be permitted at designated transit stops in commercial, industrial and the R-12, R-25 and R-40 zones where no bus shelter exists: a. There shall be no more than one bench sign per allowable transit stop; b. Placement of the bench sign shall not interfere with pedestrian traffic or be located within a vision clearance area or a public right-of-way unless otherwise determined to be permissible by the City Engineer; Signs 18.780-12 SE Update: 03/02 • • c. Application for a bench sign shall include the signature of the affected property owner, proof of liability insurance and any required permits from the State Highway Division or Washington County, where applicable; and d. The sign area shall be limited to a total of 14 square feet. • Signs 18.780-13 SE Update: 03/02 • • C. Balloons. 1. One inflatable, stationary balloon or one cluster of children's balloons firmly secured shall be allowed only if all of the following conditions are satisfied: a. A City of Tigard sign permit is obtained for each single or cluster of balloons; b. Each owner or legal occupant of property or a building shall be allowed one balloon per year; c. A balloon sign shall be allowed to remain up for a period of no longer than 10 days per year; d. A permit issued for a balloon will serve as one of the three sign permits allowed per business in a calendar year; e. Balloons may be permitted as roof signs with a City sign permit; f. The size of a balloon shall not exceed 25 feet in height; and g. The balloon shall be secured to a structure on the ground and shall not be allowed to float in the air higher than 25 feet above.the nearest building roof line. D. Electronic message centers. 1. Electronic Message Center(variable message) sign regulations shall be as follows: a. Electronic message center signs shall be permitted only in the C-G and CBD zones; b. The maximum height and area of an electronic message center sign shall be that which is stipulated in Subsection 18.780.130C; c. An electronic message center shall be allowed to substitute for one freestanding sign or one wall sign; d. One electronic message center sign, either freestanding or wall-mounted, shall be allowed per premises; e. With regard to light patterns: (1) Traveling light patterns ("chaser effect") shall be prohibited; (2) Messages and animation shall be displayed at intervals of greater than two'seconds in duration. E. Free-standing freeway-oriented signs. . . •- - . -- . •- - - - -- - -- --- - . - : :: . • . - -- • . . • :; For signs requiring a permit under the Oregon Motorist Information Act, the City will determine pursuant to a Type 1 process whether the sign meets all applicable City standards and provide that determination to any applicant for a state permit consistent with ORS 377.723. Signs 18.780-14 SE Update: 03/02 • • 2. Freeway-oriented signs shall be permitted only in the C-G, I-P, I-L and I-H zoning districts; 3. Freeway-oriented signs shall be permitted to be located within 200 feet of Highway 217 and/or Interstate Freeway No. 5 rights-of-way as shown in the Freeway-Oriented Sign (FOS) overlay zone maps in Figure 1; (Figure 1 is on file in the City Recorder's office.) 4. One freestanding freeway-oriented sign shall be allowed per premises; 5. The maximum height of a freeway-oriented sign shall not exceed 35 feet from the ground level at its base; 6. For freestanding signs a total maximum sign area of 160 square feet per face (320 square feet total) shall be allowed. If the sign is a billboard, then the provisions of Subsection 18.780.090 s 7. Freeway-oriented signs shall be oriented to be viewed from the freeway; 8. In addition to a freeway-oriented sign, each parcel, development complex or premises shall be allowed one freestanding sign provided all other provisions of this chapter can be met and both signs are located on separate frontages with different orientations; • 9. Freeway-oriented signs are not permitted as roof, tenant, temporary, balloon, wall and awning signs; 10. Freeway-oriented signs shall be allowed only by administrative approval of a sign permit F. Awning signs. 1. Awning signs shall be permitted in all zoning districts; 2. The copy on awning signs may not extend above the upper surfaces of the awning structure. They may be hung below the awning if the sign clears the sidewalk by at least 8-1/2 feet; 3. Awning signs may be internally or externally illuminated; and 4. Awning signs may extend into the public right-of-way 6-1/2 feet or 2/3 of the distance to the roadway, whichever is less. However, no sign may extend within two feet of the roadway. State Highway Division approval shall be necessary for awning signs on state highways. G. Flush pitched"roof'sign. 1. Flush pitched roof signs shall be allowed in all zoning districts except residential; 2. The face of flush pitched roof signs may not extend more than six inches above the roof line; 3. Flush pitched roof signs shall be parallel to the building face. They may not extend beyond the building wall. Such surfaces shall be considered part of a wall surface in the calculation of total wall area; Signs 18.780-15 SE Update: 03/02 • • 4. Such signs shall be attached to a mansard or other near vertical roof where the roof angle is greater than 45 from horizontal; and 5. All Code provisions applicable to wall signs shall also be applicable to this type of sign. H. Painted Wall Signs. 1. Wall signs, including symbols or logos, which are painted directly onto the wall surface shall not exceed in gross wall area that percentage normally allowed for a wall sign in that zoning district; however,the vertical dimension of the sign cannot exceed 20 percent of the height of the wall. 18.780.100 Temporary Signs - A. Authorization. The Director shall be empowered to authorize temporary signs not exempted by Section 18.780.060 by means of a Type I procedure, as governed by Section 18.390, using approval criteria contained in Section 18.385. The Director shall attach such conditions to the issuance of a permit for a temporary sign as may be necessary to ensure discontinuance of the use of the sign in accordance with the terms of the authorization, and to ensure substantial compliance with the purpose of this title. B. Expiration. 1. A temporary sign permit shall terminate within 30 days from the date of issuance; and 2. No permit shall be issued for a period longer than 30 days, but a permit may be reissued by the Director for two additional permit periods of 30 days each per calendar year. C. Types and locations. Types and locations of temporary signs shall be as follows: 1. The total number of temporary signs shall not exceed one for any use at any one period of time; such signs are not permitted for single-family and duplex dwellings; 2. The total area of a temporary sign shall not exceed 24 square feet and no more than 12 square feet per face; such signs are not permitted for single-family and duplex dwellings. The permitted area for a banner shall be no more than 24 square feet per face with the total sign area not to exceed 24 square feet; 3. See Subsection 18.780.015 A.52 for the types of temporary signs which may be approved; 4. Special event banners to be hung across public right-of-ways may be permitted by the City Manager's designee; 5. A balloon as provided in Subsection 18.780.090 C. D. Location. The location of a temporary sign shall be as approved by the Director. E. Attachment. ,Temporary signs may not be permanently attached to the ground, buildings or other structures. • 18.780.110 Nonconforming Signs • Signs 18.780-16 SE Update: 03/02 • • A. Applicability. For the purposes of this chapter,non-conforming signs will be defined as follows: 1. Except as provided in this chapter, signs in existence on March 20, 1978, in accordance with Ordinance Nos. 77-89 and 78-16, which do not conform to the provisions of this chapter, but which were constructed, erected or maintained in compliance with all previous regulations, shall be regarded as nonconforming signs which may be continued until March 20, 1988; 2. Signs in existence on January 11, 1971, which do not conform to the provisions of this chapter, but which were constructed, erected or maintained in compliance with all previous regulations, were regarded as nonconforming signs and could be continued for a period of 10 years from January 11, 1971. All such signs which were not brought into compliance with the standards in Ordinance Nos. 77-89 and 78-16 and the extensions granted, are now in violation of this chapter; 3. Signs located on premises annexed into the City after January 11, 1971, which do not comply with the provisions of this chapter, shall be brought into compliance with this chapter within a period of ten years after the effective date of the annexation; 4. Any sign which is structurally altered, relocated or replaced shall immediately be brought into compliance with all of the provisions of this chapter, except the repairing and restoration of a sign on site or away from the site to a safe condition. Any part of a sign or sign structure for normal maintenance shall be permitted without loss of nonconforming status. B. Restrictions. For purposes of this title, a sign face or message change shall be subject to the following provisions: 1. A sign face or message change on a nonconforming sign is not allowed as an alteration when the affected property and sign structure have been abandoned for greater than 90 days; 2. A sign face or message change shall be allowed as an alteration only for existing conforming signs and for nonconforming signs prior to their amortization expiration date; and 3. No sign permit shall be required for allowable sign face or message changes. C. Reconstruction. Should a nonconforming sign or sign structure or nonconforming portion of structure be destroyed or repaired by any means to an extent of more than 50% of its replacement cost, it shall not be reconstructed except in conformity with the provisions of this title. D. Requirements for conformance. 1. Signs in existence on the effective date of this chapter which do not comply with provisions. regulating flashing signs; use of par spotlights or rotating beacons; rotating and revolving signs; flags, banners, streamers, or strings of lights, or temporary or incidental signs; shall be made to conform within 90 days from the effective date of this chapter; provisions of Subacction 18.780.090 A shall be permitted to remain along Highway 99W only 18.780.120 Sign Removal Provisions: Nonconforming and Abandoned Signs Signs 18.780-17 SE Update: 03/02 • • Chapter 18.230 ENFORCEMENT Sections: 18.230.010 Provisions of this Title Declared to be Minimum Requirements 18.230.020 Violation of Title Prohibited 18.230.030 Penalty 18.230.040 Complaints Regarding Violations 18.230.050 Inspection and Right of Entry 18.230.060 Abatement of Violations 18.230.070 Stop-Order Hearing 18.230.010 Provisions of this Title Declared to be Minimum Requirements A. Minimum requirements intended. In their interpretation and application, the provisions of this title shall be held to be minimum requirements, adopted for the protection of the public health, safety, and general welfare. B. Most restrictive requirements apply. When the requirements of this title vary from other provisions of this title or with other applicable standards, the most restrictive or that imposing the highest standard shall govern. 18.230.020 Violation of Title Prohibited A. Violation of title prohibited. No person shall erect, construct, alter, maintain or use any building or structure or shall use, divide or transfer any land in violation of this title or any amendment thereto. 18.230.030 Penalty A. Class 1 penalty. A violation of this title shall constitute a Class 1 civil infraction which shall be processed according to the procedures established in Chapter 1.16 of this code, Civil Infractions. B. Each violation a separate infraction. Each violation of a separate provision of this title shall constitute a separate infraction, and each day that a violation of this title is committed or permitted to continue shall constitute a separate infraction. C. Abatement of violation required. A finding of a violation of this title shall not relieve the responsible party of the duty to abate the violation. The penalties imposed by this section are in addition to and not in lieu of any remedies available to the City. D. ' .. •: - . : . .- : - • - •- . : • . --- I :: : -, -- •- this-seetion-:"Responsible party" means the person responsible for curing or remedying a violation, which includes: • 1. The owner of the property, or the owner's manager or agent or other person in control of the property on behalf of the owner; 2. The person occupying the property, including bailee, lessee, tenant or other person having possession; Enforcement 18.230-1 11/26/98 • • 3. The person who is alleged to have committed the acts or omissions, created or allowed the condition to exist, or placed the object or allowed the object to exist on the property. 18.230.040 Complaints Regarding Violations A. Filing written complaint. Whenever a violation of this title occurs, or is alleged to have occurred, any person may file a signed, written complaint. B. File complaint with Director. Such complaints, stating fully the causes and basis thereof, shall be filed with the Director. The Director shall properly record such complaints, investigate and take action thereon as provided by this title. 18.230.050 Inspection and Right of Entry A. Right of entry. Whenever the Director has reasonable cause to suspect a violation of any provision of this chapter exists or when necessary to investigate an application for or revocation of any approval under any of the procedures described in this title, the Director may enter on any site or into any structure for the purpose of investigation, provided that no premises shall be entered without first attempting to obtain the consent of the owner or person in control of the premises if other than the owner. B. Search warrant. If consent cannot be obtained, the Director shall secure a search warrant from the City's municipal court before further attempts to gain entry, and shall have recourse to every other remedy provided by law to secure entry. 18.230.060 Abatement of Violations • A. Abatement of violations. Any development or use which occurs contrary to the provisions of this title or contrary to any permit or approval issued or granted under this title is unlawful, and may be abated by appropriate proceedings. 18.230.070 Stop-Order Hearing A. Stop order issued. Whenever any work is being done in violation of the provisions of the Code or a condition of any permit or other approval granted pursuant hereto, the Director may order the work stopped by notice in writing served on persons engaged in doing such work or causing such work to be done. All work under the permit or approval shall.cease until it is authorized to continue. B. Stop-order hearing. The Director shall schedule a hearing if requested on the stop order for the soonest practicable date, but not more than seven (7) days after the effectiveness of any required notice. At the discretion of the Director, such hearing may be: 1. Part of a hearing on revocation of the underlying permit or approval pursuant to Section 18.390.050; or 2. Solely to determine whether a violation has occurred. The Hearings Officer shall hold this hearing and shall make written findings as to the violation within seven (7) days. Upon a finding of no violation, the Hearings Officer shall require the issuance of a resume work order. Upon finding a violation, the stop-order shall continue to be effective until the violating party furnishes Enforcement 18.230-2 11/26/98 1 • • sufficient proof to the Hearings Officer that the violation has been abated. The Hearings Officer's decision is subject to review under Section 18.390.060.■ Enforcement 18.230-3 11/26/98 • • U.S. Postal Service CERTIFIED MAIL RECEIPT (Domestic Mail Only; No Insurance Coverage Provided) N Postage $ f)(3°4 il IA moo,\t. . `` 7)-Certified Fee _ 7 m ti�Po . . Return Receipt Fee 1 '"� [i� 1=1 (Endorsement Required) / / 6 1 `�, t=1 Restricted Delivery Fee ° (Endorsement Required) / y/// ° Total Postage&Fees $..5- 3 m Sent To ° 'ATTN: PLAN AMENDMENT SPECIALIST ra Street, XiOregon Dept. of Land Conservation & Develop' !° 635 Capital Street NE, Suite 150 . ( City State' OR 97301-2540 PS Form 3800,January 2001 See Reverse for Instructions SENDER: COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY • Complete items 1,2,and 3.Also complete A. Signature , item 4 if Restricted Delivery is desired. X /� (agent° • Print your name and address on the reverse lj ❑Addressee so that we can return the card to you. B. Received by(Printed Name) C. Date of Delivery • Attach this card to the back of the mailpiece, ft 1 or on the front if space permits. CY L 4 S 11 D. Is delivery address different from item 1? Yes 1. Article Addressed to: If YES,enter delivery address below: ❑No 1' - i / ATTN: PLAN AMENDMENT SPECIALIST Oregon Dept. of Land Conservation & Develop, 635 Capital Street NE, Suite 150 1 s ice Type Salem, OR 97301-2540 eir Mail 0 Express Mail _.\ ❑.Registered ❑ Retum Receipt for Merchandise ❑ Insured Mail ❑C.O.D. I I 4. Restricted Delivery?(Extra Fee) ❑Yes � 2. Article rfrom 7001 0360 0004 3954 7777 (Transfer from service IabeQ PS Form 3811,August 2001 Domestic Return Receipt 1o2595-o2-M-1540 • • U.S.Postal Service CERTIFIED MAIL RECEIPT . (Domestic Mail Only; No Insurance Coverage Provided) :a- In ? ! 3 ie J>>? a S-". :ra C €i ;1 �.., �,� ir- ''k:s` d .°l Fi X4.1 4-.1 ts::� I= Postage Ln fI Certified Fee �J -N (I ,,,,r'jj = Return Receipt Fee I P�Here 4�{ (Endorsement Required) r-- 1 L 9 CI r. _ O Restricted Delivery Fee t�,} t)rr� '�� O •(Endorsement Required) n, L...$ '6''' Total Postage fl Fees MKS `�--- m SentTo - _. --_ ____ o i Metro a Street,Apt.No.; 'ATTN: LAND USE & PLANNING 0 or PO Box No. 1600 NE Grand Avenue City,State,zrP+a 1 Portland, OR 97232-273_6 PS Form 3800,January 2001 See Reverse for Instructions SENDER: COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY • Complete items 1,2,and 3.Also complete A. ign. re item 4 if Restricted Delivery is desired. q 1,, IA Agent • Print your name and address on the reverse X ' �/ P� Addressee so that we can return the card to you. :received by(Printed Name) C. Date of Delivery • Attach this card to the back of the mailpiece, kk 14;e R !'_ 3'0' F / or on the front if space permits. D. Is delivery address different from item 1? ❑Yes 1. Article Addressed to: If YES,enter,delivery address below: ❑No kfMetro ATTN: LAND USE & PLANNING , 600 NE Grand Avenue s s De I' Certified Mail ❑Express Mail Portland, OR 97232 2736 ❑Registered ❑ Retum Receipt for Merchandise ❑ Insured Mail ❑C.O.D. . 4. Restricted Delivery?(Extra Fee) ❑Yes 2. Article Number 7001 0360 00114 3954 7739 l (Transfer from service labia° PS Form 3811,August 2001 Domestic Return Receipt 102595-02-M-1540 J • • U.S. Postal Service CERTIFIED MAIL RECEIPT (Domestic Mail Only; No Insurance Coverage Provided) r•R 0 i� F A E Postage $ P 3 u7 a IT /1 �^°1 r::!f r: In Certified Fee a. ,(-f - Return Receipt Fee / )`!' f'Z') /7 ��J (Endorsement Required) ) 1 r y 0 Restricted Delivery Fee e- d /-�; 0 (Endorsement Required) 1 n' o0^?�e2 p Total Postage&Fees $ yiS \\(2,-L- c-- J ,.A .;',4-) 'm Sent To . . . - o i ODOT—Region 1, District 2-A ■ rq Street,Apt.No.; I= or PO Box No. i Jane Estes, Permit Specialist 0 5440 SW Westgate Drive, Suite 350 r– City,state,zIP+ Portland, OR 97221-2414 , PS Form 3800,January 2001 See Reverse for Instructions r I SENDER: COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY . • Complete items 1,2,and 3.Also complete A. Sig ureo,, �., / ��Q� item 4 if Restricted Delivery is desired. X 4 ��"''�'( W C.li�/J ❑Agent • Print your name and address on the reverse ❑Addressee so that we can return the card to you. B. Received by(Printed Name) C. Date of Delivery • Attach this card to the back of the mailpiece, 1( or on the front if space permits. _ D. Is delivery ad• ., ^differ`ent from,item 1? ❑Yes 1. Article Addressed to: If YES,e G delivery address below: ❑No C::,�wUV 13.#104 1 ODOT—Region 1, District 2-A ` �n Jane Estes, Permit Specialist 5440 SW Westgate Drive, Suite 350 3. Vice Type -� Portland, OR 97221-2414 ertified Mail .O=Express Mail ❑Registered ❑Retum Receipt for Merchandise ❑Insured Mail ❑C.O.D. 4. Restricted Delivery?(Extra Fee) ❑Yes 2. Article Number 7001 0360 0004 3954 7791 (Transfer from service label) _ _ PS Form 3811,August 2001 Domestic Return Receipt 102595-02-M-154f .