Loading...
Ordinance No. 83-01 i CITY OF TIGARD, OREGON ORDINANCE NO. 83- 01 AN ORDINANCE REPEALING TITLE 16, SIGN REGULATIONS OF THE TIGARD -UNICIPAL CODE, ADOPTING THE 1983 SIGN CODE, PRESCRIBING REGULATIONS AND STANDARDS, PROVIDING VOR ADI4INISTRATION AND ENFORCEMENT, AND DECLARING AN EMERGENCY. THE CITY OF TIGARD ORDAINS AS FOLLOWS: SECTION 1: The City Council finds that after proper legal notice a public hearing was held by the Planning Commission on January 4, 1983, and at that meeting all interested parties were affored the opportunity to be heard and to be present and rebut evidence with respect to the proposed changes to Title 16. SECTION 2: Having considered the recommendation of the Building Department Staff and the Planning Commission and having entertained testimony with regard to those recommendations, the City Council has found that changes should be made to Title 16, Sign Regulations; of the Municipal Code of the City of Tigard. SECTION 3: Therefore, Title 16, Sign Regulations, Municipal Code of the City of Tigard, shall be adopted as in Appendix A. SECTION 4: Repeal: Title 16, the 1982 Sign Regulations of the Tigard °- Municipal Code is repealed. SECTION 5: Severability: The sections of this ordinance are severable. The invalidity of a section shall not affect the validity of the remaining sections. SECTION 6: Inasmuch as this ordinance is necessary to protect the general welfare of the people of the City of Tigard, this ordinance as exhibited in Appendix A, must be made without delay; therefore an emergency is hereby declared to eidst, and their ordinance shall become effective immediately upon passage and approval by the City Council. I PASSED: By the City Council by /� nwr, diia vote of all Council members s present, after beingread by number and title only, this _day Of 1983. City Recorder - City of T! Approved: By the Mayor this day of 1983. Mayor - City o Tigard ORDINANCE NO. 83- _j-,1 (0447A) Appendix A F. Title 16 f SIGN REGULATIONS E; 9 - Chapters: 16.04 Purpose, Title 16.08 Definitions 16.12 Femi--- rt-- 16.24 Nonconforming Signs 16.28 Removal Provisions 16.34 Hearing Procedures and Exceptions 16.36 Zone Regulations 16.40 Special Types of Signs 16.46 Temporary Signs 16.48 Administration Chapter 16.04 PURPOSE, TITLE Sections: 16.04.010 PURPOSE AND SCOPE. 16.04.020 SHORT TITLE. 16.04.010 PURPOSE AND SCOPE. The City Council finds that to protect the health, safety, property and welfare of the public, to improve the neat, clean, orderly and attractive appearance of the community, to improve the effectiveness of signs in identifying and advertising businesses, to provide for safe construction, location, erection, and maintenance of signs, and to prevent proliferation of signs and sign clutter, and,to minimize adverse visual safety factors to public highway travelers it is necessary to regulate the design, quality of materials, construction, location, electrification, illuminat e.. and '^ i^_ranartr_e of all signs visible from public property or from public rights-of-way. This title shall not be construed 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. 16.04.020 SHORT TITLE. The ordinance codified in this title shall be known as the "Sign Ordinance" of the City of Tigard and may be so cited and pleaded and shall be referred to herein as "this title." Chapter 16.08 DEFINITIONS Sections: 16.08.010 Generally 16.08.020 Area 16.08.030 "A"Board 16.08.040 Bench Sign 16.08.050 Billboard 16.08.060 Business 16.08.065 Building Official ?6.08.070 Business of outdoor advertising L6.08.080 Construct 16.08.090 Cutout 16.08.095 Design Review 16.08.100 Display surface 16.08.105 Electronic Information Sign 16.08.110 Electrical sign 16.08.120 Externally illuminated sign 16.08.130 Face of a building 16.08.140 Flashing sign 16.08.150 Free Standing sign 16.08.160 Freeway-oriented sign 16.08.170 Frontae_e 16.08.180 Ideological sign 16.08.185 Immediate or Serious Danger 16.08.190 Incidental sign 16.08.200 Incombustible material 16.08.210 Industrial park 16.08.220 Internally illuminated sign 16.08.230 Maintain 1.6.08.240 Namaplat 16.08.250 Nonstructural trim 16.08.260 Off-premises sign 16.08.270 Outdoor advertising or billboard sign 16.08.280 Person 16.08.290 Plastic material 16.08.295 Political Signs 16.08.300 Premises -- i6.08.310 Projec:L3ug sign 16.08.320 Projection 16.08.330 Reader board sign 16.08.340 Roof sign 16.08.350 Rotating or revolving sign` 16.08.360 Sign 16.08.370 Sign structure 16.08.380 `temporary sign 16.08.390 Uniform Building Code 16.08.400 Wall sign ," 2 16.08.010 Generally. For the purpose of this title, 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." � As used in this title, unless the context requires otherwise, the following words and phrases shall have the meanings set forth in this chanter. 16.08.020 Area. "Area" or "area of a sign" means the entire area within any type of perimeter which encloses the outer limits of any writing, representation, emblem, figure or character. The area of a sign having no such perimeter or border shall be computed by enclosing the entire surface area within a parallelogram or triangle, then computing the area thereof. The area of all signs in existence at the date of adoption of this title, whether conforming or nonconforming, shall be counted in establishing the permitted sign area of all signs allowed for an individual business on a premises. Where a sign is of a three-dimensional or round or irregular solid shape, the largest cross-section shall be used in a flat projection for the purpose of determining sign area. 16.08.030 "A Board. "A Board" refers to any double faced temporary sign which does not exceed twelve square feet per side. 16.08.040 Bea h sign. "Bench sign" includes a bench designed to seat people which car. -Les a written or graphic message. 16.08.050 Billboard. For "billboard" see "outdoor advertising sign,". 16.08.060 Business. "Business" includes all of the activities carried on by the same legal entity on the same premises and includes eleemosynary, fraternal, religious, educational or social organizations. "Legal entity" includes, but is not limited to, individual proprietorships, partnerships, corporations, non-profit corporations, associations, or joint stock companies. 16.08.065 Building Official. Officer or designee of the City empowered to enforce the Uniform Building Code. 16.08.070 Business of outdoor advertising.. "Business of outdoor advertising: includes the business of constructing, erecting, operating, using, maintaining, or leasing outdoor advertising signs. ir nx nun const-uct. "Construct" includes every type e of display in Y the form of letters, figures, characters, representations. 16.08.090 Cutout. "Cutout" includes every- type of display in the form of letters, figures, characters, representations or others in cutout or irregular form attached to or superimposed upon a sign or advertising sign. 16.08.095 Design Review. "Design Review" means the process set forth in the Tigard Municipal Code Chapter 18.59. 16.08.100 Display surface. "Display surface" includes the area made available by the sign structure for the purpose of displaying the ® advertising or identification message. 16.08.105 Electronic Information Sign. "Electronic Information Sign" win includes signs, displays, devices, or portions thereof with lighted changing messages that change at intermiLLant intrvalG by electronic - - cess or remote control, Electronic information sig Prons are not Process identified as rotating, revolving, or moving signs. 16.08.110 Electrical sign. "Electrical sign" includes any sign utilizing electrical wiring. 16.08.120 Externally illuminated sign. "Externally illuminated sign" includes a sign illuminated from an external light source. 16.08.130 Face of a building. "Face of a building" includes all window and wall area of a building in one or more parallel planes. 16.08.140 Flashing sign. "Flashing sign" includes any sign which is illuminated by an intermittent or flashing light source 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. Flashing signs do not include electronic information signs. 16.08.150 Free-standing sign. "Free-standing sign" includes a sign erected and mounted on a free-standing frame, mast or pole and not attached to any building. 16.08.160 Freeway-oriented sign. "Freeway-oriented sign" includes 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 4217, and shall not include U.S. Highway 99W. 36.08.170 Frontage. "Frontage" includes the length of the property line of any one premises along a public roadway. 16.08.180 Ideological Sign. "Ideological sign" includes signs which communicate a political, moral, or philosophical comment or religious statement which does not promote any commercial interest or refer specifically to a particular ballot measure to be voted on in the next election. 16.08.085 Immediate -3r Serious Danger. "Immediate or Serious Danger" includes: (1) Whenever any portion of the structure damaged by fire, earthquake, wind, flood or other causes; and member or appurtenance that is likely to fail, or become detached or disloged or to collapse and therby injure persons or damage property. 4 (2) Whenever atiy -''^^ of the structure is not of sufficient po_t_..._ strength or stability or is not so anchored, attached ur fastened in . a. r_a be capable of resisting a wind pressure of one-half of puce s - 4, io.- t-,-.in tvpe structure or that specified in the Uniform Building Coin similar 5tri3CCL're and will not exceed the working stresses permitted in the U,B.c. for such structures. ' COMEEM (3) Whenever the loaction of the sign structure obstructs hus the cause view of motorist traveling on the public streets or any place, damage to property or thereby injure persons. "Incidental sign" includes signs 16.08-190 Incidental sign• roducts, services or associated goods, p advertising or identzfying includingbut not limited to, p facilities available on the remises, g, trading stamps, credit cards accepted or brand names. Incombustible material. "Incombustible material" means any 16.08.200_ below, a temperature of twelve material which will not ignite at, or hundred degrees Fahrenheit during an exposure of five minutes and which will not continue to burn or glow at that temperature when tested in accordance with standards established i^ the Uniform Building Code. ark. "Industrial park" means a parcel of land 16 08 210 Industrial p _ which complies with the lot requirements set forth in Section 18.52.080 of the Tigard Municipal Code. 16.08.220 Internally illuminated si n. "Internally illuminated sign" includes signs with an internal source of illumination where the light source is not visible from the exterior of the sign. I 1608qqAMaintain. "Maintain" includes to permit a sign, sign . . structure or part thereof to continue or to repair or refurbish a sign, . ® sign;structure or part thereof. 16.08.240 Nameplate' "Nameplate" includes signs identifying only the name and occupation or profession of the occupant of the premises on which the sign is located. 16.08.250 Nonstructural trim, "Nonstructural trim" Netters and moldings, battens, caps, nailing cludes the strips , and latticing, walkways which are attached to a sign structure. 16.08 260 Off-premises sign. "Off-premises sign" includes any sign It4„rPd to, a painted sign, temporary sign, permanent including, buL LLUI- _ o goods, products signoroutdoor advertising sign, which sign adve:.t—ces - or services which are not sold, manufactured or distributed on or from the premises or a sign which advertises a business or facilities not located on the premises on which the sign is located. "Outdoor 16 08 270 Outdoor advertising or billboard sign. by advertising sign" includes a sign constructed, erected and maintained ising and a' door adv a person license d to engage inQ�t on supporeed by a ess of tsubstantial tpermanent i.s an of s' „re�,iacs which sign � sign structure L.;rh a display_ surface or display surfaces primaril Y designed for the purpose of painting. or posting advertising message thereon at periodic intervals, and where customarily, although not exclusively, the use of the display 'surface`is leased to other persons. Sometimes referred to as "Billboards". 16.08.280 Person. "Person" means individuals, corporations, associations, firms, partnerships and joint stock companies. 16.08.290 Plastic material. "Plastic material" includes those materials made who or partially from stauuaYdized yFasics listed and deaciAbed ii. the `v i Bw_l ire Code or 3p roved' plasrLCB which have been approved by the Underwriters iu"J.^.rwtv.y d'..'.r �s5e ii=. _•:-:l5tritCtioi-_S ^� ti � electrical sighs. 16.08.295 Political signs. "Political Signs" are signs promoting or opposing a candidate or measure in a specific election. 16.08.300 Premises. "Premises" includes 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. 16.08.310 Prog'ectin si n. "Projecting sign" includes signs other ] g than a wall sign which projects from a building. 16.08.320 Projection. "Projection" means the distance by which a projecting sign extends from a building. 16.08.330 Reader board sign. "Reader board sign" includes any sign with changeable copy as message, except electronic information signs. (� 16.08.340 Roof sign. "Roof sign" means a sign erected upon or directly above a roof or parapet of a building or structure. 16.08.350 Rotating, revolving or moving sign. "Rotating, revolving or moving sign" means any sign, or portion of a sign, which moves in any manner. 16.08.360 Sign. "Sign" includes an advertising sign, outdoor advertising sign, on-premises sign, display, temporary sign, temporary sign display, message, light (other than a device used primarily to illuminate a building or a premises), emblem, device, figure or mannequin, painting, drawing, placard, poster or other thing that is designed, used or intended for advertising purposes, or to inform or to attract the attention of the public, and includes, where applicable, the sign structure, display surfaces and all other component parts of the sign. 16.08.370 Sign structure. "Sign structure" includes 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 intagral Part of a hi,+l�iino, 16.08.380 Temporary sign. "Temporary sign" includes any sign, "A" board frame, banner, or advertising display which is not permanently erected or permanently affixed to any sign structure, sign tower, or building and which is not an electrical sign or an internally illuminated sign and does not have changeable message characteristics. 6 �I [ r 16.08.390 Uniform Building Code_. "Uniform Building Code" means the most recent structural and specialty Oregon Uniform Building Code as adopted by the Oregon Uepartme.:t of Commerce, and which Uniform Building r: Code, by Iiia refer ancc, is incerrorated in this title to the extent of specific citations thereof in this title. ® 16.08.400 Wall sign. "Wall sign" includes 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. a 7 -- =-+.e.�.rv.w+a-^rY-w++rsa.-'. .'""`^""."`"'. ,. .. ""SUYii u`.z.._ ni'o-'.n.}k ✓.- t. t ,�-. Chapter 16.12 PERMITS Sections: 16.12.010 PERMITS REQUIRED 16.12.020 APPLICATION 16.12.030 FEES 16.12.040 INSPECTIONS 16.12.050 EXEMPTIONS 16.12.060 REPAIR, MAINTENANCE, AND CHANGE OF COPY OF LAWFUL SIGN 16.12.010 PERMITS REQUIRED. No sign shall hereafter be erected, re-erected, constructed, altered or relocated within the city limits except as provided by this title, and a permit for the same has been issued by the Building Official. A separate permit shall be required for a sign or signs for each business entity and a separate permit shall be required for each group of signs on a single supporting structure. A se ..., permit ermit shall be required when it is proposed to remove a sign r from its supporting structure for its repair and maintenance. Separate structural permits under the Uniform Building Code shall also apply. In addition, an electrical permit shall be obtained for all illuminated signs, from the enforcing agency, subject to the provisions of the State Electrical Code. 16.12.020 APPLICATION. Application for sign permits shall be made in writing upon forms furnished by the Building Official. The application shall show the location by street and number of proposed sign and the name and address of the owner and sign contractor or erector. The -following information shall accompany the application: ,i (1) A minimum of two copies of plot plans, drawn to scale, and a scale drawing of the sign. The plot plan shall indicate the location of the sign, all buildings, property lines, existing signs, streets, driveways and overhead power lines on the premises. (2) The scale drawing of the sign shall show sign dimensions, the colors, materials, height above ground, source and intensity of any illumination and the construction showing size of footings, anchorages, and welds. t (3) The Building Official may require engineers' calculations for sign_ construction, anchorage and footing_ requirements, including wind resistance and seismic forces, all in conformance with the requirements of the Uniform Building Codes. All sign structures on ui: near a �uil�?ing shall conform to the State Fire Life Safety requirements and the Uniform Building Code requirements of the building, structure or area where it is erected. (4) All electrical illuminated signs shall bear the Underwriters Laboratory label or equivalent. 16.12:030 FEES. Each applicant for a_ sign permit as a condition precedent to granting of such permit, shall pay to the city with respect to the proposed construction, ,alteration" or relocation of a sign for which-a sign permit is required as follows: 8 ' Permit Fee Sign Area 0 to 25 square feet $l0 over 25 to 100 square feet f-5 over 100 square feet $25 plus $10 for =" each additional 100 square feet or f. fraction thereof Maximum permit $100 10 Re-inspection 10 Temporary sign (ea. sign) 25 Planning Commission Review Fee , Subsequent fees and amendments to fee schedules shall be changed by City Council by resolution. These fees are in addition to any fees charged by the City under the Uniform Building Code. Where work for which a permit is required by this Code is started or proceeded with prior to obtaining said permit, the fees specified in the above table shall be doubled. All permits shall expire within ninety days of issuance when it has been determined by the Building Official that no work has been done on he work authorized by said permit. ' Such permit shall be renewed, prior to expiration date, for up to an additional ninety day period without additional charge when requested in writing by the applicant to the Building Official. This renewal option shall not apply to any action granted by the City on non-conforming signs. This section shall not alter the renewal provisions of the Uniform Building Code which also remains in effect in addition to the provisions of this title. 16.12.040 INSPECTIONS- (1) General. All construction work for which a permit is required shall be subject to an inspection by the Building Official per the Uniform Building Code and this title. 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. 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. (2) Inspection requests. It shall be the duty of the person doing the work authorized by a permit to notify the Building Official that such ... n,.:hd_o nffici.al may require that work is ready for inspection. 1«� --- o every request for inspection be filed at least one working day before such inspection is desired. (3) Required inspections. Reinforcing steel or structural framework of ary part of the proposed structure shall not be covered or concealed without first obtaining approval of the Building Official. �`: 9 r (A) Foundation Inspections shall be made after all required excavations, form work, bolt settings are completed and ready to receive concrete. (B) All anchorages shall be left exposed for inspection. (C) Electrical inspection shall be made by 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 ordinance such as the locations, landscaping if required and general compliance with the approved plans and requirements of this title. 16.12.050 EXEMPTIONS. (A) The following signs and operations shall not require a sign permit but shall conform to all other applicable regulations of this title and the provisions of subsection B of this section: (1) Signs advertising exclusively the sale, rental or lease of premises on which the signs are located; (2) Memorial signs or tablets, names of buildings and dates of erection; if either cut into any masonry surface or constructed of bronze or other incombustible material; (3) Signs denoting the architect, engineer, contractor, and similar information concerning a subdivision or development and placed on the construction site; (4) Signs denoting one time clearance sales of household goods (e.g. a garage sale); (5) Signs promoting or opposing a candidate or measure in a specific election; (6) Ideological signs. (7) Signs of temporary nature advertising events or products for sale for non-profit organizations. (B) All signs exempt from permit requirements under subsection (A) of this section shall meet the following requirements: (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. (2) The total area of signage per parcel shall not exceed 6 square feet in single family residential, 12 square feet in multi-family zones, 15 square feet in C-4 zones, and 70 square feet in other zones, regardless of the at:_,her of signs. (3) 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 zones and 30 feet apart in nonresidential zones. f ' t� 10 (C) Signs exempt from permit requirements under Subsection (A)(1), (3), (4), and (5) shall be removed within 10 days from the end of the event displayed. Thus, signs under Subsection (A)(j) shall be removed 10 'da,s from sale, rental or lease. Signs under Subsection (3) shall be removed within 10 days of completion of censtructicr. Signs under Eubsectiun (A)(4) shall be removed within 10 days of the end of the clearance sale. ®` Signs under Suuseeti.un (A)\j) 8 $il be r:i:;:ved within 10 days of the subject election. s: 16.12.060 REPAIR, MAINTENANCE, AND CHANGE OF COPY OF LAWFUL SIGN The sign permit provisions of this title shall not apply to repair, maintenance, or change of copy (including, but not limited to the changing of a message on a sign specifically designed for the use of replaceable copy). All other provisions of this title shall apply. The exemption provided by this section shall not be applicable to unlawfully erected or maintained signs. ) t i s i b 11 i Chan;er 16.24 ; NONCONFORMING SIGNS Seccions: r 16.24.010 DEFINED - CONTINUANCE 16.24.020 CONTINUOUS - EXCEPTION 16.24.030 LOCATED ON PREMISES ANNEXED TO CITY 16.24.040 ALTERATION, RELOCATION OR REPLACEMENT 16.24.050 TYPES REQUIRING CONFORMANCE WITHIN NINETY DAYS OF TITLE'S EFFECTIVE DATE. 16.24.010 DEFINED - CONTINUANCE. Except as provided in this chapter, signs in existence on March 20, 1978, according to Ordinance No. 77-89 and No. 78-16, which do not conform to the provisions of this title, but which were constructed, erected or maintained in compliance with all previous regulations, shall be regarded as non-conforming signs which may be continued until March 20, 1988 (ten years after date of ordinance). 16.24.020 CONTINUANCE - EXCEPTION. Signs in existence on January 11, 1971, which do not conform to the provisions of this title, but which f were constructed, erected or maintained in compliance with all previous regulations, were regarded as non-conforming signs and could be continued \„< for a period of ten years from January 11, 1971. All such signs which were not brought into compliance with the standards in Ordinance No. 77-89 and No. 78-16 and the extensions granted are now in violation of this title. 16.24.030 LOCA ED ON PREMISES ANNEXED TO CITY. Signs located on premises ann-!ped into the City after January 11, 1971, which do not comply with the provisions of this title, shall be brought into complice with this title within a period of ten years after the effective date of the annexation. 16.24.040 ALTERATION, RELOCATION OR REPLACEMENT. Any sign which is structurally altered, relocated or replaced shall immediately be brought into compliance with all of the provisions of this title, except the repairing and restoration of a sign on site or away from the site to a safe con�istjpv any part of a sign or sign structure for normal maintenance 6hall be permitted without loss of non-conforming status. 16.24.050 TYPES REQUIRING CONFORMANCE WITHIN NINETY DAYS OF TITLE'S :, EFFECTIVE DATE. Signs in existence on the effecLivc dace of t`.-.. -. 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 ninety days from the effective date of this title. 12 Chapter 16.28 SIGN REMOVAL PROV IJIVNw Sections: 16.28.010 NON-CONFORMING SIGNS 16.28.020 ABANDONED SIGNS All signs erected in violation of the requirements of this title from the effective date of this ordinance shall be removed immediately by the owner or erector. If the erector or owner does not bring the sign into compliance or remove it by the time noted by the Building Official's notice to remove, the erector or owner may be cited into court under TMC 16.48.030. 16.28.010 NON-CONFORMING SIGNS. All signs erected after the effective date of this title, which are in violation of any provision of this ordinance, shall be removed or brought into conformance, upon written notice by the Building Official. All signs which do not comply with this title, but were erected prior to the effective date of this ordinance, shall be removed or brought into conformance within 60 days from written notice by certified mail given by the Building Official or duly _authorized representative. If the owner of sign, building, structure or premise fails to comply with the written order, the Building Official or his authorized representative may then cite the owner into court subject to Chapter 16.48 of this title. EXCEPTIONS: 1. Chapter 16.24, Non-Conforming Signs, provides for certain time limits and other conditions for certain signs as described therein. 2. Any sign that by its condition or location presents an immediate or serious danger to the public, by order of the Building Official, it shall be removed or repaired within the time he may specify. In the event the owner of such sign cannot be found or refuses to comply with the order to remove, the Building Official shall then hive the dan erptla Alan removed and the owner cited for non-compliance and recovery of any damage or expense. 3. Temporary Signs: All temporary signs shall be removed or repaired as provided in Chapter 16.46 of this title. 16.28.020 ABANDONED SIGNS. Any person who owns or leases a sign �:..: shall remove such sign and sign structure when either the business that it advertises has discontinued business in the city or the business that it advertises is no longer conducted in or upon ,the premises upon which such sign is located. If the person who owns or leases such sign fails 13 to remove it as provided in this section, the Building Official shall give the owner of the building, structure or premises upon which such -E sign is located, sixty days written notice to remove it. If, the sign has not been removed at the expiration of the sixty days notice, the Building Offi_ial or his duly authorized representative, may remove such sign at cost to the owner of the building, structure or premises. Signs which the success€•r to a person=s business or business locacion agrees to maintain as provided ir. this title need not be removed in accordance with this section. Cost incurred by the Buildit3 Official, or his duly authorized representative, may be made a lien against the land or premises on which such sign is located, after notice and hearing and may be collected or foreclosed in the same manner as liens otherwise entered in the liens docket of the City. �I 14 ' Chapter 16.34 _ HEARINGS PROCEDURES AND EXCEPTIONS Sections: E. 16.34.010 APPLICABILITY 16.34.020 LIMITATION ON SEEKING PLANNING COMMISSION HEARING; STAY _ 16.34.030 HEARING PROCEDURES 16.34.040 EXCEPTIONS 16.34.050 EXPIRATION OF EXCEPTION WHEN UNEXERCISED 16.34.010 APPLICABILITY. The following persons may, upon payment of the appropriate fee, be heard by the Planning Commission under TMC Section 18.84.050(b) and related sections: (1) Any person who has been ordered by the Building Official to remove a sign, alleged to be in violation of this title; V (2) Any person whose permit to erect or alter a sign has been ` refused or revoked under this title; (3) Any persons seeking an exception from the provisions of this title; (4) Any persons adversely affected by a determination of nonconformity by the Building Official under Chapter 16.24 of this title; U' (5) Any person otherwise adversely affected by a determination made under this title. 16.34.020 LIMITATION ON SEEKING PLANNING COMMISSION HEARING• STAY. 1 No hearing before the Planning Commission shall be granted from an order or determination ander TMC Section 16.34.010(1), (2), (4) and (5) unless an application be filed within 10 days of such order or determination being made known to the person seeking review, and unless that person be substantially affected or aggreived by the order. (2) Application for hearing shall not stay the action of the Building Official unless the applicant requests a stay and after appropriate notice and hearings, the Building Official deterciines that specific public safety considerations outweigh the delay of the action for the hearing and review process. 16.34.030 HEARINGS PROCEDURES. Except as otherwise specifically provided in this title, the provisions of the V..0 Chapter 18.84 shall govern hearicig procedures under this title. 16,34.040 EXCEPTIONS The Planning Commission or, on review, the Council may grant exceptions to the requirements of this title, when the applicant demonstrates that, oweing to special or unusual circumstances relating to the design, structure, or placement of the sign in relation to other structures or land uses or the natural features of the land, the literal interpretation of this title would interfere with the communicative function of the sign without corresponding public benefit in terms of the values set forth in TMC Section 18.55.010. 16.34.050 EXPIRATION OF EXCEPTION WHEN UNEXERCISED. When the Planning Commission (or, in the case of review, the City Council) approves an exception the rights thereby given to the applicant shall continue to exist and to belong to the applicant or any other owner of the land for a period of one year from the date of final approval. If, at the expiration of one year from the date of approval, construction of the structure or initiation of the use giving rise to the need for the exception has not begun, the rights given by the exception approval shall terminate without further action by the City, the Planning Commission, or the city Council. Said rights shall also terminate at or after the expiration of one year from approval if, though commenced within one year, construction ceases and is not resumed within sixty days. a 16 CHAPTER 16.36 ZONE nBniiY QTT(iT C �'- E 16.36.010 GENERALLY 16.36.020 SINGLE FAMILY OR RESIDENTIAL ZO:mS 16.36.030 MULTIFAMILY RESIDENTIAL ZONES 16.36.040 COMMERCIAL AND INDUSTRIAL ZONES 16.36.050 COMMERCIAL PROFESSIONAL ZONES 16.36.055 C-4 ZONES 16.36.060 OTHER REQUIREMENTS 16.36.010 GENERALLY. Except as provided in this title, no person shall install or maintain any sign in the City in the zones listed in the _ following sections. Reference to zones are those established by or pursuant to the Com[uunitLy Development CAde. 16.36.020 SINGLE FAMILY OR RESIDENTIAL ZONES. No sign of any character shall be permitted in an R-5, R-7, R-10, R-15, R-20 or R-30 zone except the following: (1) Nameplates. Sign bearing only property numbers, names of � occupants of the premises or other identification of the premises not tM1 having a commercial connotation not exceeding a combined area of four square feet. (2) Real Estate Signs. One on-site temporary sign for each street frontage offering the premises for sale, lease or inspection, by the public provided that the total area of such sign does not exceed six square feet in area. Such signs may also be modified to indicate that the property has been sold. (3) Permanent subdivision identification signs. One ground sign, at each entry point to the subdivision from the public right-of-way, with the site properly landscaped, denoting the development name and not exceeding thirty-two square feet in area. Illumination may be approved as long as it does not create a public.or private nuisance, as determined by the Planning Director considering the purpose of the zone. (4) Realestate directional signs. Temporary real estate signs advertising an open house and located off the premises, limited to a sign 9.•�a nf, six sauare feet and a maximum dimensior. of four feet may be _� _ erected and maintained, provided the display of mut sib-. ..he11 iia Only during those hours the property is available for inspection. No other tional signs shall be allowed. No permits are required off-premises direc for such signs, but the Planning Director may establish reasonable rules and regulations to prohibit sign clutter, erection of unsafe signs, or other problems in connection with the erection of real estate directional, ^, 'signs. Such rules and regulations shall be on file with the City Recorder. 17 !gip (5) (A) Free-standing signs for religious assemblies and ■ cducati:: -1 inetit,ltinns in residential zones shall be limited to 16 feet in height and 65 square feet in area per sign face. ($) Religious assemblies and educational insr-tu c. YCtlulttad to have reader boards but not in excess of the allowable sign. area. (C) Wall Signs. Wall signs shall not exceed five percent of the front wall area and not be permitted on side or rear wall. 16.36.030 MULTIFAMILY RESIDENTIAL ZONES. No sign shall be permitted in an A-12, A-20, A-40, A-70/80PD zone except the following: (1) Permanent residential nameplates identifying the premises. Total signing on a premises shall not exceed one square foot of area per dwelling unit. (2) Incidental signs. Such signs shall only be permitted when att?rhed _r permanently affixed sign structure or to the wall of the building. (3) Real estate signs. One outside sign offering the premises for sale providing that the total area of such sign does not exceed twelve square feet. Such signs may be modified to indicate that the property has been sold. (4) Nonresidential signs. One illuminated or non-illuminated sign not exceeding six feet in height and 65 square feet in area per sign face identifying any nonresidential use permittedin a multiple family residential zone, if such use has been approved under the conditional use process. (5) Real estate directional signs, free standing and wall signs shall be the same as paragraph 4 and 5 of Single Family residential zones. 16.36.040 COMMERCIAL AND INDUSTRIAL ZONES. C-3, C-3M, C-5, and M-2, M-3 and M-4 industrial zones: Free-standing signs shall have certain limitations and conditions when permitted on properties zoned commercial_ and industrial. One multifaced, free-standing sign identifying the principal goods, product$, facilities or services available on the premises, shall be permitted on the premises, subject to conditions and limitations as stated herein. A readerb_ard assembly may an integral part of the free-standing sign. Free-standing signs. Area Limits. The maximum square footage of signs shall be seventy square feet per face or a total of one hundred forty square feet for all sign faces. No part of any free-standing sign shall extend over a t' property line into public right-of-way space. 18 e- Area Limit Increases. The sign area may be increased one square foot for each lineal foot the sign is moved back from the front property line the sign is adjacent to. If the street is curbed and paved the measurement may be taken from a punct which in fifteen feet From the _ pavement. This a..cre-asc in sign area is UmiLed to a maximum of ninety scl are feet per fate or a total of rine hund_n d e-ighty square Feet fnr 27 31 faces. Height Limits. Free-standing signs located next to the public right-of-way shall not exceed twenty feet in height. Height may be increased one foot in height for each ten feet of setback from the property line or a point fifteen feet from the edge of pavement whichever is less to a maximum of twenty-two feet in height. Wall Signs. Allowable Area. Wall signs, including illuminated reader boards, may be erected or maintained but shall not exceed in gross area fifteen percent of the building frontage occupied by th.e tenant, ?all Rians may -.ot project more than eighteen inches from the wall or extend above the wall to which they are attached. In buildings where one or more tenant(s) occupy a portion of a building which does not include any portion of an exterior wall having exposure to a public street, allowable wall sign area will be computed in the following manner: each tenant not having building frontage may have a :;all sign on the wall having street exposure (front wall) provided it does not exceed in sign area that portion of sign area permitted that n front wall tenant_ having the smallest proportion of allowable sign area. In this type of ,building the allowable proportion of front wall sign area shall be computed as fifteen percent of the total building face. A wall € sign program shall be established for all multi-tenant buildings, no new permit shall be issued until such a program is established. On pre-existing buildings, each new tenant will adhere to the established program. If it is determined under the design review process that the wall sign's visual appeal and overall design quality would be served, an additional fifty percent of the allowable sign area may be permitted. No copy will be permitted, however, in the additional area permitted. For purposes of this subsection, "copy" includes symbols, logos, and letters. Painted Signs. Wall signs painted directly onto the wail surface shall not exceed in gross wall area fifteen percent of the face of the building they are painted upon, and the vertical dimension of the sign cannot exceed twenty percent of the height of the wall. Real Estate Signs. One free-standing or wall sign will be permitted offering the premises for sale or rent. Total area of such sign shall not exceed seventy (70) square feet. 19 16.36.050 Commercial-Professional Zone (CP) Signs Permitted. (1) There shall be .iot ruore than one square foot of sign area for each one `._ red souare feEL of floor area within the building o buildings to 4e identifie-:. All signs sb8_' not e .^_Pd fifteen square feet Der taco or a total Of _h rt square feet for all sign faces if both faces are used. (2) No sign shall project above the roof line or extend over a public sidewalk or right-of-way. All faces of signs shall be parallel to the face of the building upon which the sign is located and to which the sign pertains. (3) Signs may be painted or otherwise applied directly to a wall providing such sign is an integral part of building design and approval is obtained for such sign under the design review process. (4) No billboards shall be permitted. (5) Special types of sighs per Chapter 16.40 this title may be approved under the desing review process. Signs in a planned development district for the specific purpose of advertising the premises for sale or rent, site identification, building identification, tenant identification and traffic direction may be permitted in such planned development district as approved in the general plan subject to approval by the Planning Director, providing that an integrated sign theme is carried out compatible with the overall development and consistent with the approved general plan and program. 16-35.055 C-4 Zone Signs Permitted. (1) The area of all signs shall not exceed fifteen (15) square feet per side, or a total of thirty (30) square feet for all sign faces if } more than one face is used. (2) Free standing signs may be permitted in lieu of building mounted signs, subject to specific approval under the design review process. (3) Special types of signs per Chapter 16.40 this title may be approved subject to a specific approval under the design review process. 16.36.060 Other Requirements Which Shall Apply to Commercial and Industrial Zones. If it is determined under the design review process that the sign's visual appeal and overall design quality would be served while main iiira T:g t is iii-ten and purypcse of thin title, an additional fifty percent of the allowable sign a;.ea and t.:e:a, five percent of sign height may be permitted. No copy will be permitted in the additional area or height. For purposes of this subsection the word "copy" includes symbols, logos, and figures, as well as letters. Leach free-standing sign shall be surrounded by an area set aside to protect the sign from vehicles negotiating in the parking area of the 20 business to which the sign relates, and the area set aside shall be landscaped. The size and shape of the area set aside and the landscaping shalt be represented on the plot plan required by permit and shall be subject to the review and control of the Planning Director or his agent, under the design review process. Ott existing sites where 3 landscape � island is not feasible, the Clearance 1--tween the ?ogress portion of a free-standing sign and the ground shall be fourteen feet in any vehicle maneuvering area. No free--standing sign, nor any portion of any free-standing sign, shall be located or project over any portion of a street, sidewalk or other public right-of-way or property unless an exception has been granted. When a premise contains more than a single tenant but is not defined as a shopping center, the provisions of a free-standing sign shall take into consideration the need for providing a signing system which is harmonious in appearance and legible. The building owner shall provide, at his own expense, a common support for all tenant algnaage. Up to an- additional _nadditional fifty percent of sign copy area may be permitted under the design review process so as to adequately identify the separate tenants when determined that the increased sign area will. not .deter from the purpose of this title. k Shopping centers or industrial parks, defined as areas of not lerss than eight business units and consisting of not less than four acres, shall establish a single signing format. The sign shall include the complex name and street number. Up to an additional fifty percent of sign area may be permitted underthedesign review process to adequately identify the complex when determined that the increased sign area will not deter _ from and purpose of this title. This increase should be judged according to unique identification needs and circumstances which necessitate additional area to make the sign sufficiently legible. When a shopping center or industrial par's has more than one main entrance on separate frontages, a second free-standing sign may be allowed under the design review process. Tt:e two allowable signs shall face separate frontages and are not intended to be viewed simultaneously. 21 Chapter 16.40 SPECIAL TYPES OF SIGNS E' Sections: - 16.40.010 FLAGS, BANNERS, AND SIMILAR ITEMS E 16.40.020 PUBLIC UTILITY SIGNS AND SIGNS REQUIRED BY LAW 16.40.030 SIGNS NOT DESIGNED TO BE VIEWED FROM ANY PUBLIC STREET OR PUBLIC RIGHT-OF-WAY 16.40.040 CERTAIN SIGNS PROHIBITED 16.40.050 FLASHING SIGNS AND SIGN ILLUMINATION 16.40.060 OUTDOOR ADVERTISING SIGNS 16.40.010 BENCH SIGNS 16.40.080 INCIDENTAL SIGNS 16.40.090 POLITICAL SIGNS 16.40.010 =..:.�Gw, NNED—S, AND STMTLAA ITEMS (1) Prohibited Display of Flags and Banners. It is a violation of this article 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 fes• devices of carnival character. Exceptions: (A) National, state, and institutional flags properly displayed; (B) Seasonal decorations and generally recognized holidays; (C) Pennants and banners approved as temporary signs. 16.40.020 PUBLIC UTILITY SIGNS AND SIGNS REQUIRED BY LAW. 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. 16.40.030 SIGNS NOT DESIGNED TO BE VIEWED FROM ANY PUBLIC STREET OR PUBLIC RIGHT-OF-WAY. Nothing in this title shall prevent the erection, location or construction of directional or instructional signs on private property when such signs are solely designed to direct or to guide or to instruct 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. ' t ` ^ i0 nanmATv SIGNS AROUTRTTRn, C (1) 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. No sign shall be constructed, erected or maintained in violation. of the maintenance provisions of this title. 22 t F (2) Signs at intersections. No sign shall be erected at intersections of any streets in such a manner as to materially obstruct free and clear virion nor shall any sign be erected at any location where, by reason of the position, shape or color, it may interfere with, obstruct the view of, or be confused with, any authorized traffic signal or device; nor shall any sign be erected ;which makes use of the word 1 "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. (3) 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. (4) Obstructing signs. No sign or sign structure shall be I consLructe., in such a manner or at such a locution that it will obstruct h access to any fire escape or other means of ingress or egress from a ` building or any exit corridor, exit hallway or ex-Lit 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. (5) No off-premises sign shall be permitted in any commercial or industrial zone, except outdoor advertising signs, as regulated in other parts of this title. Off-premise signs may only be approved by the Planning Commission through the exception procedure established by Section 16.34.040 of this title. (6) Strings of bare lights shall not be constructed, erected or maintained within view of any public street or public right-of-way. This subsection shall not apply to lighting displays as described in 16.40 (7) Roof signs of any kind are prohibited, including temporary signs. (8) Revolving, rotating or moving signs of any kind are prohibited. t, 16.40.050 FLASHING SIGNS AND SIGN ILLUMINATION. (1) Flashing signs, exposed reflective-type bulbs, strobe lights, rotary beacons, par spots, zip lights or similar devices shall be prohibited. Exposed incandescent lamp which exceeds twenty-five watts shall not be used on the exterior surface u% aity s:8n cc ae tc expose the face of such bulb or lamp to any public street or public right-of-way P with the exception of electronic information signs. € " (2) The surface brightness of any sign 'shall not exceed that produced by the diffused output obtained from eight hundred milliampere fluorescent light sources not closer than eight inches on center. 23 . 16.40.060 OUTDOOR ADVERTISING SIGNS. Outdoor advertising sign regulations shall be as follos,Is: (i) Zones Permitted. Outdoor advertising sigLLS hail be permitted only in a C-3 commercial zone or M-2, M-3, and M-4 industrial zones. i t /n1 \GJ itrce i'gtt. malaac maximum hdiyl - of an n-- tjnnr S(VPrt161nQ sign shall not exceed thirty-five feet from �- - the ground level at its base. (3) Size. (A) The maximum sign dimensions of an outdoor advertising sign shall be twelve feet in height and twenty-five feet in length (excluding supports and foundations) or a total maximum sign area of three hundred square feet per face. t (B) Outdoor advertising signs may be increased in area to fourteen feet in height and forty-eight feet in length or a total maximum sig^. area of six handred seventy-five square feet per face where permitted as freeway-oriented signs. E (C) On freway-oriented signs, cutouts may project beyond the display surface and may add up to one-third additional area of permitted display surface and further may extend five and one-half feet above, four feet below or two feet to either side of the display surface, provided that the thirty-five foot maximum height limit is not exceeded by such cutouts. (4) Locations Permitted. (A) Outdoor advertising signs shall only be permitted to locate on and orient to US Highway 99W (Southwest Pacific Highway), Oregon State Expressway No. 217, and Interstate Freeway No. 5. (B) Outdoor advertising signs shall not have more than one display surface facing in the same traffic direction on any one premises. For the purpose of this provision and for the purposes of applying the spacing limitations or density limitations which follow, a single outdoor advertising structure on which two display surfaces are attached back-to-back shall be considered as one outdoor advertising sign and with one display surface facing one traffic direction. (5) Outdoor advertising signs shall not be located within three hundred feet or another outdoor advertising sign on the opposite side of t _ ...ov ..,- with' f*v,- an n -�--�* Cr w•nh __ �n ._ . bt drPri feet of another outdoor advertising sign on the same side of the street or highway. For purposes of applying this limitation, distances shall be measured as a radius from a sign. Where two or more signs are in violation of these spacing provisions, the first lawfully constructed, erected and maintained shall be permitted to remain. 24 (6) Outdoor advertising signs shall have all metal structures: provided, however, that the display surface or display surfaces and the stringers use for the support of the display surfaces together with cutouts may be made of other materials: '~` Outdoor advertising signs are not permitted as roof signs. (8) Maintenance - yLaad:.rd:; gener.911Y of outdoor advertising or billboard signs. All signs, together with all of their supports, braces, guys and anchors shad be kept in good repair and shall be maintained in a safe condition. All signs and the site upon which they are located shall be maintained in a neat, clean and attractive conditions. Signs shall be kept free from excessive rust, corrosion, peeling paint or other surface deterioration. The display surfaces of all signs shall be kept neatly painted or posted. permitted at 16.40.070 BENCH SIGNS. Bench signs shall only be p designatedtransit stops in commercial, industrial, and multifamily zones where no bus shelter exists. There shall be no more than one bench sign per allowable transit stop. Pla:ement of the bench sign shall not zrQrfere with pedestrian traffic or traffic vision. Application for a f bench sign shall include the signature of the affected property owner and proof of liability insurance. 16.40.080 INCIDENTAL SIGNS. Incidental signs shall not exceed twelve ` (12)- inches in height and eighteen (18) inches in width and shall be limited to four (4) signs attached to a permitted free standing sign. Incidental signs as described above, are permitted as wall signs. The total combined area shall not exceed six (6) square feet. 16.40.090 POLITICAL SIGNS. Signs relating to the nomination and electionof any individual for a political office or advocacy of any measure to be voted upon at an election shall be allowed under the following conditions: (1) Such signs shall be temporary in nature and shall be removed within 10 days after ,the election. (2)Such signs shall not exceed twelve (12) square feet in residential zones and thirty-two (32) square feet in all other areas. (3) No political sign shall be erected within or on any public property or right-of-way or affixed to any pole, post or standard located within or on,public property or right-of-way. 25 Ili Chapter 16.46 TEMPORARY SIGNS :. sect ions 16.46.010 AUTHORIZATION. 16.46.020 ISSUANCE AUTHORITY. 16.46.030 REQUIRED CONDITIONS. 16.46.010 AUTHORIZATION. The Building Official shall be empowered to authorize temporary signs not exempted by Section 16.12.050 of this title. The Building Official shall attach such conditions to the issuance of a permit for a temporary sign as may be necessary to assure discontinuance of the use of the sign in accordance with the terms of the authorization, and to assure substantial compliance with the purpose of this title. 16.46.020 ISSUANCE AUTHORITY. • (1) The Building Official may issue temporary sign permits which shall terminate within 60 days from the date of issuance. (2) No permit shall be issued for a period longer than 60 days, but a permit may be renewed by the Building Official upon a showing of good t� cause for the continuation of the temporary permit. 16.46.030 REQUIRED CONDITIONS. Applicants for temporary sign permits shall submit such evidence as may be required to enable the Building Official to determine that one or more of the following conditions exists: (1) The need for the temporary sign is the direct result of a casualty loss; (2) The applicant has lost leasehold occupancy rights; (3) The need for a temporary sign is to bring to the attention of the public a special sale, a special service, or a special event which is compatible with the business; (4) Types and locations of temporary signs shall be as follows: (a) The total number of temporary signs shall not exceed four (4) for any one business at any one period of time. (b) The total area of one sign shall not, exceed twelve (12) square lueL. (c) See definition 16.08.053 Temporary Signs for type approved. (d) Location shall be as approved by Building Official. Sign clutter, blanketing, and shabby appearances of signs shall be avoided. 26 Chapter 16.48 ADMINISTRATION s ; Sections: 16.48.010 SIGN PERMIT AUTHORITY 16.48:020 ENFORCEMENT AUTHORITY -- RIGHT OF ENTRY 16.48.030 VIOLATION - PENALTY 16.48.010 SIGN PERMIT AUTHORITY. All applications for sign permits shall be submitted to and be approved by the Building Official. 16.48.020 ENFORCEMENT AUTHORITY, RIGHT OF ENTRY. The Building Official is authorized and directed to enforce all of the provisions of this title. All signs for which permits are required shall be inspected by the Building Official. Upon presentation of property credentials, the Building Official or his duly authorized representative may enter at "- wes a__, a a €_ 3._ a yr prem18e8 In the l.1Ly to � ' �C212SU[,T3U1C S3 R. nV IJ 1171[3�ia0� CTI CTAT perform any duty imposed upon him by this title. $ 16:;8.030 VIOLATI.ON PENALTY. Any person who violates any of the provisions of this title, upon on conviction, shall be guilty of a misdemeanor and such person shall be punished by a fine of not less than fifty dollars and not more than three hundred dollars per offense. Persons convicted of violating a provision of this title shall be deerded guilty of a separate offense for each day 'during which the violation continues. 27