Resolution No. 03-27 Attachment 2
CITY OF TIGARD,OREGON
RESOLUTION NO. 03 Q 71—
A RESOLUTION TO AFFIRM THE COMMUNITY DIRECTOR'S INTERPRETATION OF
LANGUAGE REGARDING BILLBOARD SIGNS IN THE CITY OF TIGARD MUNICIPAL CODE
CHAPTER 18.780.
WHEREAS, the Community Development Director is charged with making interpretations based on the
best available information for any ambiguities or words having multiple meaning in the Tigard
Development Code; and
WHEREAS, the Community Development Director's Interpretation is supported by past Planning
Commission and City Council actions to expressly prohibit billboards in Tigard; and
WHEREAS, the Tigard City Council passed Ordinance 93-12 to expressly prohibit billboards in the City of
Tigard;and
WHEREAS, the Tigard City Council held a public hearing on the matter on June 10, 2003,
NOW,THEREFORE,BE IT RESOLVED by the Tigard City Council that:
SECTION l: The Tigard City Council hereby expresses its affirmation that the interpretation(Exhibit
A) made by the Community Development Director is in keeping with the intention of
the Tigard City Council and the purpose of the Tigard sign regulations of the Tigard
Municipal Code Chapter 18.780.
SECTION 2: This resolution is effective immediately upon passage.
PASSED: This .r ay of 2003.
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ATTEST:
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RESOLUTION NO.03 - a
Page i
Exhibit A
DIRECTOR'S INTERPRETATION
REGARDING BILLBOARDS
TMC 18.780.015.A.8 and .9, TMC 18.870.070.M
TMC 18.780.090.E.1 and TMC 18.780.090.E.6
I. INTRODUCTION
This interpretation is intended to clarify certain provisions of the Community Development Code
regarding signs.
11. INTERPRETATIONS
A, TMC 18.780.015.A.8, 18.780.015.A.9 and 18.780.070.M
Code Language
TMC 18.780.015.A.8: "Billboard" means a sign face supported by a billboard structure.
TMC 18.780.015.A.9: "Billboard structure" means the structural face which supports a billboard
TMC 18.780.070.M: ".Billboards. Billboards are prohibited."
Interpretation
As applied to freeway-oriented signs, a billboard is a sign with any one sign face greater than 200
square feet or with a total sign area greater than 400 square feet.
As applied to freeway-oriented signs, TMC 18.780.070.M prohibits signs with any one sign face
greater than 200 square feet or with a total sign area greater than 400 square feet
Discussion
The two definitions (of"billboard" and "billboard structure") are circular and provide little guidance as
to what constitutes a billboard or a billboard structure. Dictionary definitions are not very helpful. For
example, the most relevant definition in Webster's Ninth New Collegiate Dictionary is "a large panel
designed to carry outdoor advertising." This definition does not provide much detail but is in accord
with the common conception of a billboard as a very large sign.
TMC 18.780.070.M prohibits billboards. Before billboards were prohibited, they were allowed only in
certain zones and only if within 660 feet of Highway 217 or Interstate 5. (See Ordinance 93-12).
However, it is clear that when the Council prohibited billboards, it did not prohibit all freeway-oriented
signs because freestanding freeway oriented signs are expressly permitted, subject to certain
standards. TMC 18.780.090.E.
Given the dictionary definition and common understanding of billboard as a very large sign and that
the Council's obvious intent as to freeway-oriented signs was to prohibit certain signs while allowing
others, it appears that the Council intended the term "billboard" in the context of freeway oriented
signs to mean a sign that is larger than the maximum size allowed for a freeway-oriented sign. The
normal maximum area for a freeway-oriented sign is 160 square feet per sign face and 320 square
feet for a two-sided sign. TMC 18.780.090.E.6. However, provided an application can meet all of the
applicable review criteria for an adjustment, the code allows adjustments of up to 25 percent in sign
area. TMC 18.780.140A TMC 18.370.020.C.6. Therefore, a freeway-oriented sign that does not
exceed 200 square feet per side and 400 square feet total may be approved through the adjustment
process and would not be a billboard.
In the context of freeway-oriented signs, a billboard therefore is a sign with any one sign face greater
than 200 square feet or with a total sign area greater than 400 square feet. As applied to freeway-
oriented signs, TMC 18.780.070.M prohibits signs with any one sign face greater than 200 square
feet or with a total sign area greater than 400 square feet
Page 1 of 4
B. TMC 18.780.090.E.1
Code Language
TMC 18.780.090.E.1 Anyone who qualifies for a permit from the State of Oregon under the
provisions of the Oregon Motorist Information Act (OMIA) need not seek
separate approval from the City of Tigard.
Interpretation
The "separate approval" provision of TMC 18.780.090.E.1 distinguishes the City's sign permit process
set out in Tigard Municipal Code Chapter 18 from the state permitting process, which includes a
requirement to obtain an affidavit from the City. ORS 337.723. A person qualifies for an OMIA permit
only if that person has obtained an affidavit from the City that the proposed sign complies with all
applicable City regulations and the state determines that the other OMIA standards are satisfied. If a
person has not obtained an ORS 337.723 affidavit that the City standards have been met, the person
has not "qualifie[d] for a permit from the State of Oregon under the Oregon Motorist Information Act."
To demonstrate that a person has qualified for an OMIA permit, the person must provide evidence the
OMIA permit has been issued for the location in question.
This section does not exempt a person from obtaining building permits, only from obtaining the sign
permit required under Chapter 18.780. Under the building code, the building official is to deny
permits for failure to meet building code standards or other applicable laws and ordinances. The
City's prohibition on billboards is an applicable law or ordinance preventing issuance of building
permits for billboards.
Discussion
This provision is ambiguous because it does not clearly define what "qualifying for a permit" means.
The provision could be interpreted to mean that the City should make an independent evaluation in
each case whether a person meets all the qualifications for a permit from the State under the Oregon
Motorist Information Act. This interpretation is unacceptable and unreasonable because it would
have the City make an independent evaluation of a decision that only the Oregon Department of
Transportation has authority to make. See ORS 377.725. That interpretation could result in an
avoidance of the City process in cases in which the state denies the OMIA permit. This is clearly not
what the Council intended in passing this provision.
It could also be interpreted as meaning that a person does not need to seek separate City approval if
the person has obtained an OMIA permit for a location in the City. This is a reasonable and
acceptable interpretation of the code provision.
TMC 18.780.090.E.1 must be read in context of the OMIA. A person can qualify for an OMIA permit
only if that person obtains an affidavit from the City that the sign is permitted under the City codes.
ORS 337.723. The provision that a person need not obtain a "separate approval" from the City
makes sense when interpreted in light of the provision in ORS 337.723, which includes the City as
part of the OMIA process. If the City issues an affidavit certifying compliance under ORS 337.723, it
will have verified that the applicant meets City standards, and a second City process would be
superfluous. However, if no affidavit certifying compliance is issued, then the City would not have
determined whether its code has been complied with and a separate City process is needed. The
intent of the provision is to avoid two separate City processes for a single sign, while requiring at least
one City process to determine whether a sign complies with City standards.
Therefore, TMC 18.780.090.E.1 should be interpreted as meaning that a person may avoid obtaining
a City permit (the "separate approval") if the person has obtained an affidavit from the City under
ORS 337.723 stating that the proposed sign complies with all applicable City regulations. If a person
has not obtained the ORS 337.723 affidavit indicating compliance, the person has not "qualifie[d] for a
permit from the State of Oregon under the Oregon Motorist Information Act."
if a person does obtain an affidavit from the City verifying compliance, the person could proceed with
the billboard construction only if the person satisfies the state that all other OMIA permit requirements
are met. The only way for the City to determine compliance with other OMIA standards is by verifying
whether an OMIA permit has been issued. A person seeking to avoid the City permit process must
provide evidence that the OMIA permit has been issued.
Page 2 of 4
If a person has received an OMIA permit for another location, the person has not qualified for a permit
for an OMIA permit for a location in the City until the person either obtains a City permit or an affidavit
of compliance from the City under ORS 337.723.
Furthermore, the only exemption provided for by this section is an exemption from the City's sign
permit requirements in Chapter 18.780. A building permit, if otherwise required, still must be
obtained. TMC 18.780.010.E.1 is in the context of the sign permit regulations in the Community
Development Code. It is clear from the context that the "separate approval" refers to a sign permit,
not a building permit. Indeed, the City does not have authority to state that a building permit is not
required if state law requires a building permit, which it does for most sign structures.
The building official cannot approve a building permit unless the application conforms to the
requirements of the building code "and other pertinent laws or ordinances." OSSC (UBC) 106.4.1
The prohibition on billboards imposed by TMC 18.780.010.E.1 discussed in this interpretation is a
41 pertinent law" that prevents the issuance of a building permit for billboards.
C. TMC 18.780.090.E.6
Code Provision
TMC 18.780.090.E.6 For freestanding signs, a total maximum sign area of 160 square feet per
fact (320 square feet total) shall be allowed. If the sign is a billboard, then
the provisions of Subsection 18.780.090 shall apply.
Interpretation
The second sentence of TMC 18.780.090.E is interpreted to mean that signs with billboard structures
that are greater than the maximum allowed by the first sentence of TMC 18.780.090.E.6 (plus any
adjustments allowed by code as discussed above) are not permitted.
Discussion
The first sentence of this section is clear and unambiguous. The second sentence is confusing and
ambiguous. That sentence states that if a sign is a billboard, the provisions of subsection 18.780.090
apply. This statement is ambiguous for two reasons. Most importantly, any reference to standards
being applicable to billboards is confusing, given the express prohibitions on billboards in TMC
18.780.070.M. Second, there may be some possible ambiguity as to whether the "provisions of
Subsection 18.780.090" includes the first sentence of TMC 18.780.090.E.6.
Dealing with the second possible area of ambiguity, the first sentence of TMC 18.780.090E.6 is one
of the provisions of Subsection 18.780.090. There is no language in the second sentence that would
exclude the first sentence of TMC 18.780.090.E.6 from being applicable. It would have been easy to
include an express provision stating that the first sentence did not apply to billboards, or to add the
word "but" between the two sentences. The Council in adopting the provision did not do that. To
interpret the second sentence of TMC 18.780.090E.6 in a way that would make the first sentence not
applicable to billboards would be to insert a provision that is not there. The second sentence of TMC
18.780.090.E.6 should therefore be interpreted as making the size limitation of the first sentence of
that subsection applicable to billboards.
In interpreting this provision, it should be noted that the code definition of billboard -a sign supported
by a billboard structure- applies to this provision. The apparent intent was therefore that any sign that
had a billboard structure could not exceed the other requirements of freeway-oriented signs, including
the first sentence of TMC 18.780.090.E.6. The best interpretation of the second sentence of TMC
18.780.090.E is therefore that signs with billboard structures that are greater than the maximum
allowed by the first sentence of TMC 18.780.090.E.6 (plus any adjustments allowed by code as
discussed above), are not permitted.
Page 3 of 4
This interpretation also resolves the possible inconsistency with prohibition on all billboards in TMC
18.780.070.M. As properly interpreted, TMC 18.780.090.E_6 prohibits all signs greater than a certain
size, including those that are supported by a billboard structure. Given the interpretation of"billboard"
discussed in Section A above, the structure of a smaller sign would not be a `billboard structure'
because it would be for a sign that is smaller than a billboard and the prohibition on billboards would
not apply. Therefore, there is no inconsistency between TMC 18.780.090.E_6 and TMC
18.780.070.M because TMC 18.780.090.E_6 does not allow any billboards prohibited by TMC
18.780.070.M.
Ill. APPLICATION OF THIS INTERPRETATION
This interpretation applies in all situations in which the code sections discussed in this interpretation
are applicable. Because this is an interpretation and not a regulation, it is to be applied by all City
staff in all situations, even as to applications that have been filed.
IV. FINALITY AND EFFECTIVENESS
This decision is final and effective upon mailing. It may be appealed to the-City Council pursuant to
TMC 18.340.020.E and F.
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