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Planning Commission Packet - 09/21/1982 POOR QUALITY RECORD PLEASE NOTE: The original paper record has been archived and put on microfilm. The following document is a copy of the microfilm record converted back to digital. If you have questions please contact City of Tigard Records Department. AGENDA TIGARD PLANNING COMMISSION SEPTEMBER 21, 1982 7:30 P.M. FOWLER JUNIOR HIGH SCHOOL LECTURE. ROOM 10865 B.W. Walnut Street, Tigard, Oregon 1. Open Meeting? 2. Roll Call 3. Approval of minutes from previous meeting. (not available) 4. . Planning Commission . Communication 5. Public Hearings: 5.1 Sign Code Revision .,. Title 16 -- ZOA 3-82 6. New Business 7 . Other Business 8 . Adjournment TIGARD PLANNING COMMISSION SEPTEMBER 21, 1982 - 7:30 P.M. FOWLER JUNIOR HIGH .SCHOOL - LECTURE ROOM 10865 S.W. Walnut Street, Tigard, Oregon • • PUBLIC HEARINGS: 5.1 SIGN CODE REVISION - "TITLE. 16 - ZOA 3-82 • A request by the City,•Of Tigard to revise the Sign Code, Title ""16 of the Tigard, Municipal Code. • • • • • • • • • • • • • • trasrr tcexi tea y u r, � t • AFFIDAVIT OF PUBLICATION STATE OF OREGON, COUNTY OF WASHINGTON, ss. • • I John W. Marling being first duly sworn, depose and say that I am the publisher Of the Tigard of The Valley Times, a newspaper of general circulation, as defined by ORS 193.010 and 193.020, published at Tigard, in the aforesaid county and state; that the legal notice, a printed copy of which is hereto annexed, was published in the entire issue of said newspaper for _ an • successive and consecutive weeks in the following sues _ Septembe.i , 1982 Q 1 - 9 ( (Signature) 4 j[ Subscribed and sworn to before ki this 15 .-_ _ _ day of. .September 19.82. Notary Public of Oregon My commission expires __ February ebruary 24 19 86 i ,.`• The tollo1 itio a k # i .4' x 3]P2flIll o 1 en !. ; Sg� tey.�ixa r 21, } ' i 0 ; chef'!! Lectupre Room IO8o5 SW We f\ pct ,,l, i,(�� a °� *`<r - a'.atka sway be cb eed-f>re n the P1 "f�', ' .� m > - ''Id d,Or,.87223 or by calling 9394111. MAW 1 AttlN0 51 Sign Code I$evtalcn m-Title 16—ZOA 2 A request by the City of Tigard to rearm the Si 4 r Code, Title 16 of the Ti rd hfaearll11 Ode. 5.2 Zonins,.Ordiaa ce"meddle1ert ZOA 842 A request by the City.of' J Tiserditi repeal Chapter 13.39 ts+Iehstreet Ornmereial Zone 031k1€a Oraolta a Olthlrel flash wad idt Zee 0314, ' Written cow men . ei'e enema ed,please submit to the Plaatitag Dire:tor at the oboYeIhltirem le4.tdvance the hearths date. TT6556 Pablk h September r M E M O R A N D U M TO: BILL MONAHAN, PLANNING AND DEVELOPMENT DIRECTOR FROM: LINDA SARGENT, ADMINISTRATIVE ASSISTANT DATE: SEPTEMBER 21, 1982 SUBJECT: SIGN CODE COMMITTEE'S PROPOSED CHANGES TO THE SIGN CODE The Sign Code Committee has addressed the following issues with language and/or policy changes. TEMPORARY SIGNS -- CHAPTER 16.46 Authorization. The Building Official shall be empowered to authorize temporary signs. 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 sub- stantial compliance with the purpose of this title. * In recommending a shortened period of effectiveness for temporary sign permits, it is the Committee's intention to reduce the opportunity for abuse of this option; i.e. , most "temporary" conditions are not of six months duration. However, the Committee also recommends liveral renewal procedures, with waiver of additional fees, for uses which the Building Official finds justifiable under the provisions of this section. Issuance Authority (a) The Building Official may issue temporary sign permits which shall terminate within 60 days from the date of issuance. (b) 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 cause for the continuation of the temporary permit. Required Conditions -- 16.46.030. 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) That the need for the temporary sign is the direct result of a casualty loss, such as a loss caused by fire, wind, storm, flood or other severe damage by the elements to a preexisting structure or facility, located on the same premises and occupied by the same applicant for whom a permanent sign permit originally was granted; . . . Continued . . . MEMO --• SIGN CODE COMMITTEE'S PROPOSED CHANGES TO THE SIGN CODE SEPTEMBER 21, 1982 PAGE TWO Required Conditions (continued) -- 16.46.030 (2) That the applicant has lost leasehold occupancy rights on account of unforeseeable circumstances or hardship beyond the foresight and control of the applicant: (3) That the temporary use is limited in duration by the purposes for which the permit is sought, such as Christmas tree sales, parade stands, circuses, fairs or other exhibitions, and other similar needs which are obviously temporary; (4) That the purpose for which the temporary use is sought is compatible with, and incidental to, the business. Additional code changes relating to temporary signs: 16.08.340 Temporary Sign. "Temporary sign means any sign, banner, pennant, valance, A-board 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 any internally illuminated sign. 16.36.020 (5) Real Estate Directional Signs. Real estate signs. . .for inspection. No other off-premix 3 directional signs shall be allowed, except in the case of a private homeowner who advertises his home for sale by means of s single directional sign placed on a neighboring private property with the permission of the neighboring property owner. No permits. . .directional signs. READERBOARD SIGNS -- 16.36.040 (8) Revise to allow readerboards as free-standing signs in commercial/industrial zones; allow one per applicant, with no size restriction as long as readerboard is within allowable signage for business. ROOF SIGNS Leave code as is, allowing no roof signs in any zone; revise definition to read: "Roof sign means a sign erected directly above a roof or parapet. . ." POLE COVERS -- 16.36.040 (10) Eliminate section requiring pole covers. OFF-PREMISES SIGNS Use variance procedure under present code for "hardship" exceptions to prohibition. SERVICE STATION SIGNS Present allowable signage is adequate. WALL SIGNS Increase allowable area from 10 to 15 precent of building frontage. INDOOR SIGNS Eliminate regulation of indoor signs. . . . Continued . MEMO -- SIGN CODE COMMITTEE'S PROPOSED CHANGES TO THE SIGN CODE SEPTEMBER 21, 1982 PAGE THREE LICENSES Eliminate section on licenses. FEES Set by Council; add fee for temporary signs. UL LABEL REQUIREMENT Requirement of UL label on electrical signs; change to "UL or equivalent". AUTHORITY For administration and enforcement rests with the Building Official. Change reference accordingly. DEFINITIONS • A-BOAR D: Refers to any double faced temporary sign which does not exceed 20 -f: per side. • BUILDING OFFICIAL: Refers to the person or designee charged with the admin- istration and enforcement of this title. • PLANNING DIRECTOR: Delete. • PORTABLE SIGN: See Temporary Signs. s READERBOARD: Refers to any sign with changeable copy. • TEMPORARY SIGN: Refers to any sign, banner, pennant, A-Board, valance or adver- tising 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 which does not contain changeable copy capability. COMMERCIAL/INDUSTRIAL ZONES -- 16.36.040 . . .one multi—faceted freestanding sign. . .herein: Add paragraph: A readerboard sign may be permitted if as an integral part of the sign. BENCH SIGN -- 16.40.095 To read. . .where no bus shelter exists. Delete the word presently. COLLECTOR STREETS -- 16.36.040 (Page 203) -- Delete. LOCAL STREETS --16.36.040 (Page 203) -- Delete. OTHER REQUIREMENTS -- 16.36.040 (Page 204) Delete third paragraph. (. . .except for the. . .movable letters.) Delete fifth section of the paragraph. (Every freestanding sign erected after the date of passage of the ordinances codified in this Section shall incorporate a pole corner into its design, and . . . Continued . . . MEMO SIGN CODE COMMITTEE'S PROPOSED CHANGES TO THE SIGN CODE SEPTEMBER 21, 1982 PAGE FOUR WALL SIGNS -- 16.36.040 Delete "Signs placed within 1 foot of the display windows. . .shall be included in determining the amount of such building face. NON-CONFORMING SIGNS Continuance until 3/20/88 for signs in existence on 3/20/78 in compliance with previous regulations but do not conform to the provisions of the new Sign Code. Exceptions -- Signs which did not conform to the 1971 provision of this title and were to be brought into compliance by 1/11/81 are non-conforming. Annexations -- Signs located on annexed areas after 1/11/71 which do not comply with this title shall be given 10 years from the date of annexation to comply. RIGHT OF APPEAL Eliminate paragraph (3) -- Appeal Building Official decision to Planning Commission. COMMERCIAL-PROFESSIONAL ZONES Delete paragraph (4) . "The sign may be lighted with indirect lighting. No new. . . shall be permitted." FREE STANDING SIGNS Add variance provision to free standing signs. POLITICAL SIGNS Eliminate bond. LS : dkr A Title 16 SIGN REGULATIONS Chapters: 16.04 Purpose, Title • 16.08 Definitions 16.12 Permits 16.24 Nonconforming Signs 16.28 Removal Provisions 16.34 Appeals to the Planning Commission 16.36 Zone Regulations 16.40 Special Types of Signs 16.46 Temporary Signs 16.48 Administration Chapter 16.04 PURPOSE. TITLE PURPOSE AND SCOPE. SHORT TITLE. 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, to eliminate signs that demand rather than invite public attention 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, illumination and maintenance of all signs visible from public property or from public rights-of-way. This title shall not be construed to permit the er3ction or maintenance of any sign at any place or in any manner unlawful under any • other ordinance or state or federal law. 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." 1 Chapter 16.08 DEFINITIONS 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 chapter. 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 January 11, 1971, whether conforming or nonconforming, shall be counted in establishing the permitted sign area of all new signs to be 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. "A" Board. "A Board" refers to any double faced temporary sign which does not exceed twenty square feet per side. Bench sign. "Bench sign" means a bench designed to seat people which carries a written or graphic message. Billboard. For "billboard" see "outdoor advertising sign,". Business. "Business" means 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 individual proprietorships, partnerships, corporations, non-profit corporations, associations, or joint stock companies. Business of outdoor advertising. "Business of outdoor advertising: means the business of constructing, erecting, operating, using, maintaining, or leasing outdoor advertising signs. Construct. "Construct" means every type of display in the form of letters, figures, characters, representations. Cutout. "Cutout" means 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. Display surface. "Display surface" means the area made available by the sign structure for the purpose of displaying the advertising or identification message. 2 • Electrical sign. "Electrical sign" means any sign containing electrical wiring. Externally illuminated sign. "Externally illuminated sign" means a sign illuminated from an external light source. Face of a building. "Face of a building" means all window and wall area of a building in one plane. Free-standing sign. "Free-standing sign" means a sign erected and mounted on a free-standing frame, mast or pole and not attached to any building. Freeway-oriented sign. "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 U.S. Highway 99W. Flashing sign. "Flashing sign" means 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. Frontage. "Frontage" means the length of the property line of any one premises along a public roadway. Incidental sign. "Incidental sign" means a sign advertising or identifying associated goods, products, services or facilities available on the premises, including, but not limited to, trading stamps, credit cards accepted or brand names. Incombustible material. "Incombustible material" means any material which will not ignite at, or below, a temperature of twelve 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 in the Uniform Building Code. Industrial park. "Industrial park" means four or more contiguous land parcels arranged no that vehicular access to said parcels is by way of a centrally located street or other approved traffic circulation system. it Internally illuminated sign. "Internally illuminated sign" means a -sign that has an internal source of illumination where the light source is not visible from the exterior of the sign. Maintain. "Maintain" means to permit a sign, sign structure or part thereof to continue or to repair or refurbish a sign, sign structure or part thereof. Nameplate. "Nameplate" means a sign identifying only the name and occupation or profession of the occupant of the premises on which the sign is located. 3 Nonstructural trim. "Nonstructural trim" means the moldings, battens, caps, nailing strips and latticing, letters and walkways which are attached to a sign structure. Off-premises sign. "Off-premises sign" means any sign including, but not limited to, a painted sign, temporary sign, permanent sign or outdoor advertising sign, which sign advertises goods, products 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 advertising or billboard sign. "Outdoor advertising sign" means a sign constructed, erected and maintained by a person licensed to engage in the business of outdoor advertising and which sign is an off-premises sign supported by a substantial permanent sign structure with a display surface or display surfaces primarily 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". Person. "Person" means individuals, corporations, associations, firms, partnerships and joint stock companies but does not include governmental agencies. Plastic material. "Plastic material" means those materials made wholly or partially from standardized plastics listed and described in the Uniform Building Code or approved plastics which have been approved by the Underwriters Laboratory for use in construction of electrical signs. Premises. "Premises" means a lot or two 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. Projecting sign. "Projecting sign" means a sign other than a wall sign which projects from a building. Projection. "Projection" means the distance by which a projecting sign extends from a building. Reader board sign. "Reader board sign" means any sign with changeable copy as message. Roof sign. "Roof sign" means a sign erected upon or directly above a roof or parapet of a building or structure. Rotating or revolving sign. "Rotating or revolving sign" means any sign, or portion of a sign, which moves in any manner. Sign. "Sign" means 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. 4 Sign structure. "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. Temporary sign. "Temporary sign" means 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. Uniform Building Code. "Uniform Building Code" means the most 'recent Oregon Uniform Building Code as adopted by the City of Tigard, Oregon, a copy of which is on file in the office of the City Recorder and which Uniform Building Code, by this reference, is incorporated in this title to the extent of specific citations thereof in this title. Wall sign. "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. • • • • 5 Chapter 16.12 PERMITS PERMITS REQUIRED APPLICATION FEES INSPECTIONS EXEMPTIONS PERMITS REQUIRED. No sign shall hereafter be erected, re-erected, constructed, altered or relocated within the city limits except as Provided by this code, and a permit for the same has been issued by the 06.6 Building Official. A separate permit shall be required for a sign or signs for each business entity and/or a separate permit shall be required for each group of signs on a single supporting structure. A separate permit shall be required when it is proposed to remove a sign from its supporting structure for its repair and maintenance. See Section 16.24 and 16.28 Non-Conforming Signs and Removal Provisions. In addition, an electrical permit shall be obtained for all illuminated signs, from the enforcing agency, subject to the provisions of this State Electrical Code. 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: (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. The plot plan shall show the approximate location of the neighboring signs and buildings within one hundred feet on either side of the subject 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, welds, etc. (3) The Building Official may require engineers calculations for sign construction, anchorage and footing requirements, to meet wind resistance and seismic forces, all in conformance with the requirements of the adopted City Uniform Building Codes. All sign structures on or near a building shall conform to the State Fire Life Safety requirements of the building, structure or area where it is erected. (4) All electrical illuminated signs shall bear the Underwriters Laboratory label or equivalent. 6 • l 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 permit is required as follows: Fees as established by City Council by resolution. Sign Area Permit Fee 0 - 25 square feet 25 - 100 square feet 100 square feet for each additional 100 square feet or fraction thereof minimum permit re-inspection temporary sign (ea. sign) — 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 the work authorized by said permit. Such permit may be renewed 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 does not apply to any action taken by the City on non-conforming signs or signs which have been determined a public hazard. INSPECTIONS (1) General. All construction work for which a permit is required shall be subject to an inspection by the Building Official. 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 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 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. (3) Required inspections. 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. (A) Foundation Inspections: To be made after all required excavations, form work, bolt settings are completed and ready to receive concrete. (B) All anchorages left exposed for inspection. (C) Electrical inspection to 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 such as the locations, landscaping if required and general compliance with the approved plans and requirements of this title. 7 EXEMPTIONS. The following signs and operations shall not require a sign permit but shall conform to all other applicable provisions of this title: (1) Real estate signs not exceeding twelve square feet in area advertising exclusively the sale, rental or lease of the premises upon which the signs are located; (2) Nameplates not exceeding eight square feet in area; (3) The changing of the advertising sign or upon a theater marquee or similar sign specifically designed for the use of replaceable copy; (4) On-site painting, repainting, cleaning and normal maintenance ,. and repair of a sign; (5) Memorial signs or tablets, names of buildings and date of erection when cut into any masonry surface or when constructed of bronze or other incombustible materials; (6) A sign denoting the architect, engineer, contractor, subdivision or development when placed upon work under construction, and not exceeding thirty-two square feet in area provided that such sign is removed within thirty days from date of issuance of the final .occupancy Permit 'or two years, whichever is less. (7) Political signs (see requirements in Chapter 16.40). • 8 • • • Chapter 16.24 • NONCONFORMING SIGNS • • • DEFINED - CONTINUANCE CONTINUOUS - EXCEPTION • ' 'LOCATED ON PREMISES ANNEXED TO CITY ALTERATION, RELOCATION OR REPLACEMENT ' • TYPES REQUIRING CONFORMANCE WITHIN NINETY DAYS OF TITLE'S • I EFFECTIVE DATE. • • 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 ears ten a ( y . after date of ordinance). • • CONTINUANCE - EXCEPTION. Signs in existence on January . 11, 1971, which did not conform to the provisions of this title, but which were • constructed, erected or maintained in compliance with all previous ' • regulations, were regarded as non-conforming signs and couild 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 by January 11, 1981 are now illegal. LOCATED ON PREMISES ANNEXED TO CITY. Signs loeated on premises annexed into the City. after January 11, 1971, which do not comply with the provisions of this title, shall be brought into compliance with this title within a period of ten years after the effective date of the . annexation. 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. TYPES REQUIRING CONFOR:A[ANCE WITRIN NINETY DAYS OF TITLE'S EFFECTIVE DATE. Signs in existence on the effective data of this title 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. • 9 Chapter 16.28 SIGN REMOVAL PROVISIONS ABANDONDED 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 00 notice to remove, the erector or owner may be cited into court on a misdemeanor charge. 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 to remove it as provided in this section, the Building Official shall give the owner of the building, structure or premises upon which such 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 Official or his duly authorized representative, may remove such sign at cost to the owner of the building, structure or premises. Signs which the successor to a person's buseinss or business location agrees to maintain as provided in this title need not be removed in accordance with this section. Cost incurred by the Building Official, or his duly authorized representative, may be a lien against the land or premises on which such sign is located and may be collected or foreclosed in the same manner as liens otherwise entered in the liens docket of the City. 10 • Chapter 16.34 APPEALS TO THE PLANNING COMMISSION RIGHT OF APPEAL VARIANCE GRANTING RIGHT OF FURTHER APPEAL TO CITY COUNCIL RIGHT OF APPEAL. (1) Any person who has been ordered by the Building Official to r... remove a sign, whose application for a permit or license pursuant to this • title has been refused, or whose permit has been revoked, may appeal to he City Planning Commission. Such appeal shall not stay any action directed by the Building Official in any case where the Building Official determines that immediate action is necessary due to an unsafe condition of a sign creating an immediate hazard or danger to the public. (2) Any appeal to the Planning Commission shall be filed within thirty days after the final determination of the Building Official from which the appeal is taken. The Planning Commission shall hear the appeal and make its determination within thirty days after filing of the appeal. All decisions of the Planning Commission with respect to matters under this chapter shall be reported to the City Council. VARIANCE GRANTING. The Planning Commission may the g Y grant a variance from provisins of this title based on findings" that due to prdctical difficulties, undue hardships or inconsistencies with the objectives of this title, the strict or literal interpretation and enforcement of a specific requirement hereunder should be waived or modified. RIGHT OF FURTHER APPEAL TO CITY COUNCIL. Any decision of the Planning Commission pursuant to this title may be appealed to the City Council. Such appeal to the Council shall be in writing and shall be filed within ten days after the final determination of the Planning Commission from which the appeal is taken. The Council may determine the matter de novo on the record or may set the matter for hearing at a regular council meeting, and in either instance may accept, reject or modify any action taken by the Planning Commission with respect to the matter under appeal. • 11 • • CHAPTER 16.36 ZONE REGULATIONS GENERALLY SINGLE FAMILY OR RESIDENTIAL ZONES MULTIFAMILY RESIDENTIAL ZONES COMMERCIAL AND INDUSTRIAL ZONES GENERALLY. Except as provided in this chapter, 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 Community Development Code. 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 having a commercial connotation not exceeding a combined area of four square feet. (2) Real Estate Signe. One on-site 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. (4) Real estate directional signs. Real estate signs advertising an open house and located off the premises, limited to a sign area of six square feet and a maximum dimension of four feet may be erected and maintained, provided the display of such sign shall be only during those hours the property is available for inspection. No other off-premises directional signs shall be allowed. No permits are required for such signs, but the Building Official 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. (5) '(A) Free-standing signs for conditional uses in residential and multifamily zones shall be limited to 16 feet in height and 65 square feet in area per sign face. • (B) Churches and schools are permitted to have reader boards depicting events and services, but not in excess of the allowable sign area. 12 (C) Wall Signs. Well signs shall not exceed five percent of the front wall area and not be permitted on side or rear wall. 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 attached to a 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 twelve square feet in area identifying any nonresidential use permitted in a multiple family residential zone. When such use has been approved by the conditional use process. (5) Real estate directional signs, free standing and well signs shall be the same as paragraph 4 and 5 of Single Family residential zones. COMMERCIAL AND INDUSTRIAL ZONES. C-3, C-3M, C-4, C-5, and C-P commercial zones, 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 multi aced, free-standing sign identifying the principal goods, products, facilities or services available on the premises, shall be permitted on the premises, subject to conditions and limitations as stated herein. A readerboard assembly may be 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 exf'end over a property line into public right-of-way space. 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 point which is fifteen feet from the pavement. This increase in sign area is limited to a maximum of ninety square feet per face or a total of one hundred eighty square feet for all 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. 13 a 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 the tenant. Wall signs may not 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 well sign area will be computed in �y the following manner: each tenant not having building frontage may have a wall sign on the wall having street exposure (front wall) provided it does not exceed in sign area that portion of sign area permitted that front wall tenant having the smallest proportion of allowable sign area. In this type of building the allowable proportion of front well 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 the Building Official determines 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 wall surface shall not exceed in gross well 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. Commercial-Professional Zone (CP)'Signs Permitted. (1) There shall be not more than one square foot of sign area for each one hundred square feet of floor area within the building or buildings to be identified. No sign shall exceed fifteen square feet in size. (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 well providing such sign is an integral part of building design and approval is obtained for such sign from the Building Official. 14 (5) No billboards shall be permitted. (6) Free-standing signs designating a particular project site or building may be permitted in lieu of building-mounted signs subject to specific approval by the Building Official. Signs in a planned development district for the specific purpose of 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. Other Requirements. If the Building Official determines that the sign's visual appeal and overall design quality would be served, an additional fifty percent of the allowable sign area and twenty-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. Each free-standing sign shall be surrounded by an area set aside to protect the sign from vehicles negotiating in the parking area of the 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 shall 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. On existing sites where a landscape island is not feasible, the minimum clearance between the lowest 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 a variance has been tranged by the Planning Commission. 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 signage. Up to an additional fifty percent of sign copy area may be permitted when deemed necessary by the Building Official to adequately identify the separate tenants. Shopping centers or industrial parks, defined as areas of not less 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 when deemed necessary by the Building Official to adequately identify the complex. 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 park has more than one main entrance on separate frontages, a second free-standing sign may be allowed. The two allowable signs shall face separate frontages and are not intended to be viewed simultaneously. 15 Chapter 16.40 SPECIAL TYPES OF SIGNS FLAGS, BANNERS, ETC. PUBLIC UTILITY SIGNS AND SIGNS REQUIRED BY LAW SIGNS NOT DESIGNED TO BE VIEWED FROM ANY PUBLIC STREET OR PUBLIC RIGHT-OF-WAY CERTAIN SIGNS PROHIBITED FLASHING SIGNS AND SIGN ILLUMINATION OUTDOOR ADVERTISING SIGNS BENCH SIGNS POLITICAL SIGNS FLAGS, BANNERS, ETC. (1) Prohibited Display of Flags and Banners. It is unlawful 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. Flags and pennants not prohibited are: (A) National, state, and institutional flags properly displayed; (B) Christmas decorations in season; and (C) Streamers, pennants, etc. , used for one week only to call attention to grand opening of a new business. • 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 P Y permitted. 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. CERTAIN SIGNS PROHIBITED. (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 loads as specified in the Uniform Building Code. No sign shall be constructed, erected or maintained in violation of the maintenance provisions of this title. • (2) Signs at intersections. No sign shall be erected at intersections of any streets in such a manner as to substantially obstruct free and clear vision nor shall any sign be erected at any location where, by reason of the position, shape or color, it may 16 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 "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. The thirty, foot two side triangle of safety shall be observed. (3) Obscenity. No sign shall bear or contain statements, words or pictures of an obscene, indecent or immoral character, such as is likely to offend public morals or decency. (4) 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 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. (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 [when a hardship is shown] by the Planning Commission through the Variance procedure established by the Community Development Code. (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 Christmas lighting displays. (7) Roof signs of any kind are prohibited; including temporary signs. FLASHING SIGNS AND SIGN ILLUMINATION. (1) No exposed reflective-type bulbs, strobe lights, rotary beacons, par spots, zip lights or similar devices shall be permitted. No exposed incandescent lamp which exceeds twenty-five watts shall 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. (2) No flashing signs shall be permitted except those showing time and temperature only. (3) 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. OUTDOOR ADVERTISING SIGNS. Outdoor advertising sign regulations shall be as follows: (1) Zones Permitted. Outdoor advertising signs shall be permitted only in a C-3 commercial zone or heavy or light industrial zones. (2) Height. The maximum height of an outdoor advertising sign shall not exceed thirty-five feet from the ground level at its base. 17 (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. (B) Outdoor advertising signs may be increased in area to fourteen feet in height and forty-eight feet in length or a total maximum sign area of six hundred seventy-five square feet per face where permitted as freeway-oriented signs. (C) On freeway-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 the street or highway or within five hundred 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. (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. (7) Outdoor advertising signs are not permitted as roof signs. BENCH SIGNS. Bench signs shall only be permitted at designated transit 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. Placement of the bench sign shall not interfere with pedestrian traffic or traffic vision. Application for a bench sign shall include the signature of the affected property owner and proof of liability insurance. 18 • Maintenance - standards _enerall of outdoor advertisin or billboard signs. All signs, together with all of their supports, braces., guys and anchors shall 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 POLITICAL`SIGNS. Signs relating to the nomination or election of any individual for a political office or advocacy of any measure to be voted upon at any special or general election shall be allowed under the following conditions: (1) Such signs shall be temporary ' in nature and shall be removed within ten days after the election. • (2)_, Any such sign to be placed in. a residential, zone shall not exceed an area of twelve square feet. (3) 'Except for outdoor advertising signs, any such sign to be placed in a nonresidential zone shall not exceed an area of thirty-two square feet. (4) Any person intending to place such signs shall, prior to placing ,• any sign, execute a removal agreement covering these provisions and shall file a one-hundred-dollar check or one hundred dollars in cash with an agreement acceptable to the City Attorney, refund conditioned .upon guaranteeing removal of the signs within the time specified. F• • • (5) No political sign shall be erected within or on any public property or right-of-way or affixed to any pole, post, standard or other support located within or on public property or a public right-of-way.' • • 19 • Chapter 16.46 TEMPORARY SIGNS AUTHORIZATION. ISSUANCE AUTHORITY. REQUIRED CONDITIONS. AUTHORIZATION. The Building Official shall be empowered to authorize temporary signs. 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. ISSUANCE AUTHORITY. (l) 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 cause for the continuation of the temporary permit. 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) That the need for the temporary sign is the direct result of a casualty loss, such as a loss caused by fire, wind, storm, flood or other severe damage by the elements to a preexisting structure or facility, located on the same premises and occupied by the same applicant for whom a permanent sign permit originally was granted; (2) That the applicant has lost leasehold occupancy rights on account of unforeseeable circumstances or hardship beyond the foresight and control of the applicant; (3) That the temporary use is limited in duration by the purposes for which the permit is sought, such as Christmas tree sales, parade stands, circuses, fairs or other exhibitions, and other similar needs which are obviously temporary; (4) That the purpose for which the temporary use is sought is compatible with, and incidental to, the business; (5) That types and locations of temporary signs shall be similar to those allowed for the zone in which they are to be used; in addition banners, and "A" board type signs may be used in a limited manner. Location shall be approved at the time the permit is issued. 20 • Chapter 16.48 ADMINISTRATION SIGN PERMIT AUTHORITY ENFORCEMENT AUTHORITY RIGHT OF ENTRY VIOLATION PENALTY SIGN PERMIT AUTHORITY. All applications for sign permits. shall be submitted to and be approved by the Building Official. ENFORCEMENT AUTHORITY. RIGHT OF ENTRY. The Building Official is authorized and directed to enforce all of the provisions of 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 reasonable times any buildling, structure or premises in the City to perform any duty imposed upon him by this title. VIOLATION'PENALTY. Upon conviction, any person who violates any of the provisions of this title shall be guilty of a misdemeanor and such person shall be punished by a fine of not more than three hundred doll� •s. Persons violating a provision of this title shall be deemed guilty of a separate offense for each day during which the violation continues. 21