Ordinance No. 71-04 CITY OF TIGARD, OREGON
ORDINANCT; No.71- ii
AN ORDINANCE AMENDING AND SUPPLEMENTING ORDINANCE No.70-32
(City of Tigard Zoning Ordinance of 1970); PRESCRIBING FEES `CO BE
PAID BY APPLICAIv'TS; ADDING NEW CHAPTER 185 - PL,A14NHD DEVELOPMENT
DISTRICT, INCLUDING PROCEDURES, STA14DARDS AND CRITERIA FOR SUCH
DISTRICT; A�IXENDING PRE-EXISTING PROVISIONS WITH RESPECT TO FEES;
PRESCRIBING EPPECTIVE DATE AND DECLARING AN EMERGENCY,
THE CITY OF TIxARD ORDAINS AS FOLLOWS:
Section 1: The City Council finds that pursuant to Chapters 227
and 260 ORS and Ordinance No. 70-32 (City of Tigard
Zoning Ordinance of 1970), the proposed amendments to the text of
said Ordinance as hereinafter set forth were initiated by the Plan-
ning Commission and, pursuant to due and legal notice, public hear-
ing was held thereon by the Planning Commission on December 15, 1970.
Section 2: The Council further finds that after said hearing, the
Planning Commission has recommended to the Council
adoption of those proposed amendments as hereinafter designated and
described for inclusion in the Zoning Ordinance, and pursuant thereto
public hearing was duly held by the City Council after due and legal
notice, on January ll, 1971 whereat all in-�erested persons and the
general public were afforded an opportunity to be heard with respect
to the said amendments.
Section 3: The Council further finds that after consie.ering the
.testimony at said public hearing and the report of the
Planning Commission, the proposed amendments to the Zoning Ordinance
hereinafter set forth are in the Dublic interest, reasonable, proper
and necessary for the public health, comfort, convenience, preserva-
tion of public safety, morals, order and welfare, and the regulations
and restrictions included therein are appropriately designed for said
purposes, and that said proposal and procedures followed with respect
thereto are in all manner of things in conformity with the require-
ments of law.
Section 4: That the text of Ordinance No. 70-32 (City of Tigard
Zoning Ordinance of 1970) adopted by the Council on
August 24, 1970, be, and the same is, hereby amended and supple-
mented to add thereto CHAPTER 185, establishing a PLANNED DEVELOPI4ENT
DISTRICT, including sub-sections 185-1, to 185-6, inclusive, all as
set forth on the attached Exhibit "A" by reference made a part hereof.
Section 5: That the text of Ordinance No. 70-32 (City of Tigard
Zoning Ordinance of 1970) adopted by the Council on
August 24, 1970, be, and the sane is, hereby amended and supple-
mented to add thereto Section 270-8 - FEES - reading as follows:
"SECTION 270-8 - FEES.
For the purpose of partially defraying the expenses
arising from or incident to investigation, evaluation
and processing of applications and petitions, and the
Page 1 ORDINANCE No. 71--4_._
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costs of public notices and hearings incident thereto, E
the following fees are hereby prescribed and required
to be paid to the City at the time of filing of appli-
cable petitions and applications, as the case may be: c
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Application for ZONE CHANGE $150. [
Application for PLA14NED RESIDENTIAL I
(Conditional Use) DEVELOPMENT $250.
Application for OTHER CONDITIONAL TISES $100.
Application for HOME OCCUPATION USE $ 25•
Application for NON-CONFORMING USE, {
RE-INSTATEMENT OR ENLARGEMENT
OF NON-CONFORMING USE $100.
application
'dor VARIANCE
Section 6: That the following sections of Ordinance No. 70-32 (City �
of Tigard Zoning Ordinance of 1970) adopted by the Council
on August 24, 1970, be, 2nd the same are, hereby changed to read as
follows:
"Section 220-6 - APPLICATION FOR REINSTATEMENT OR ALTERATION �
OF A NON-CONFORMING USE
A request for reinstatment or enlargement of a nonconform-
ing use may be initiated by a property owner or his 1
authorized agent by filing an application with the City
Recorder."
"Section 230-2 - APPLICATION FOR A CONDITIONAL USE
A request for a conditional use or ::.odification of an
existing conditional use may be initiated by the property
owner or his authorized agent by filing an application
with the City Recorder. Thu applicant shall submit a
site plan, drawn to scale, showifig the dimensions and
arrangement of the proposed development."
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`.'Section 240-3 - APPLICATION FOR A VARIANCE
A request for a vai.iance may be initiated by a property
owner or his authorized agent by filing an application
with the City Recorder upon farms prescribed for the
purpose. The application shall be accompanied by a
site plan, drawn to scale, showing the dimensions and
arrangement of the proposed development."
"Section 260-2 - APFLICATION
An application for amendment by a property owner or his
authorized agent shall be filed with the City Recorder."
Section 7: That the text of Ordinance No. 70-32 (City of Tigard
Zoning Ordinance of 1970) adopted by the Council on
August 24., 1970, be, and the same is, hereby amended as follows:
Page 2 - ORDINANCE No. 71-
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Sections 110-9(d) 160-6(d)
120-6(d) 17o: 6(d)
10-6(d) 180-9(d)
150-6(d) 190-6(j)
and each of them, are hereby amended to read as follows:
"Signs, advertising signs and sign structures shall be
subject to the conditions, limitations, prohibitions and
requirements of the "CITY OF `PIGARD SIGN ORDINANCE°, to
which particular reference is hereby made.!'
Section 6: Inasmuch as it is necessary for the peace, health and
safety of the people of the City of Tigard that Ordinance
No. 70-32 (Zoning Ordinance) be currently maintained and the integrity
thereof at all times protected to enable the fair and impartial ad-
ministration thereof, and to provide for the orderly location, devel-
opment, use and occupancy of lands, to promote the general welfare of
the people of the City of Tigard, an emergency is hereby declared to
exist, and this Ordinance shall be effective upon its enactment by
the Council.
PASSED: By unanimous vote of all Council members present, after
being read three times by number and title only,
This 11th day of January, 1971•
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APPROVED: By Vie Mayor, this lith Mday of Januar;, 1971.
-� ayor - City ci Tigard
nes
Page 3 - ORDINANCE No. 71-�_
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Fxhibi t "A"
I. REVISED FEE SCHEDULE
This proposed amendment to the zoning application Zee
schedule represents a stein toward uniformity of'.City@
Co aty fees and ordinances, and our coordinated plan
Hing process. 1Y! addition, the amendment may allow
upgrading the City staff's processing and presentation
techniques for Planning Commission and City Council
meetings.
ZONING APILICATION FEES:
Tigard Washington Co. Proposed
Planned Residential $50. $250. $250. .
- Zone Change $100. $150. $150.
Conditional Use $50. $100 $100.
Dome Occupation $50. $25. $50.
Variance $50. $50. $50.
' Non-ConformingLtsc $25. $100. $100.
a. Section 220-E APPLICATION FOR REINSTATEXENT OR
ALTERATION OF IdON-CONFORMING USE
Amend to read as follows:
A request for.reinstatement or enlargement of a.
} non-conforming use may be initiated by a property
owner or his authorized agent by filing an applica-
tion with the City Recorder. bhe application shall
be accompanied by a fee of $100.00.
b. Section 230 2 A PL,ICATION FOR A CONDITIONAL USE
Amend to read as follows:
A request for a conditional upe or modification of
an existing, conditional use may be initiated by the
property owner or his authorised agent by filing
an application with the City Recorder. The applicant
shall vubmit a site plan, drawn to scale, showing
the dimensions and arrangement of the proposed developw
ment. The application shall be aecompanis by the
following fees:
1. Home Occupation $ 50.00
2. P--R, Planned Residential $250.00
3. Other Conditional Uses $100.00
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c, Section 2602 APPLICATION FOR ZONE CHANGE
Amend to read as follows:
An application for amendwent 13y a property owner or his
authorized went shall be tiled with the City Recorder.
The application shall be accompanied by a :fee of $150.00•
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CHAPTER 185 - PLANNED DEVELOPMENT DISTRICT
SECTION 185-1 - PURPOSE
The purpose of the Planned DeVelDTOWat District is to
provide opportunities to create more desirable environments
through the application of flexible and diversified land
development standards under a comprehensive plana and pro-
gram professionally prepared. Tiae Planned Development
District is intended to be used to encourage the aapplica- ..:
Lion of new teca&,niques and new .te ehnol.ogy to commiunity
development which will result in superior lining or
development arrangements with lasting values. It is further
intended to achieve economies in land development, main-
tenance,
aintenance, street systems and utility networks while provid--
Ing building groupings for privacy, useable and attractive
open spaces, safe circulation and the general well-being
of the inhabitants.
SECTION 185-2 - PROCEDURE ,
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la5-2.1 -Preliminary Development Plan and Program
a. The applicant shall submit a Preliminary, Development
x; Plan and Program to the Planning Commission for an
approval in principle. Such presentation shall consist
of a preliminary plan in schematic fashion and, a written
program containing the following elements:
1. Pian dements
o-' (a) proposed land uses and densities
(b) Building types and intensities
(c) Circulation pattern
(d) Parkss playgrounds, open spaces
(e) Existing natural features
2. Program Elements
(a) Applicant®s market analysis of proposed use
:tlry (b) Proposed ownership pa,tterz'.
(c) Operation and maintenance proposal, iee.
domes Associ'e , o ndominium, Co-op or other
.., (d) haste disposal facilities f
(e) Lighting
(f) Water Supply
?' (g) Public transportation
(h) Community facilities, i.e. schools, libraries,
fire protection and shopping '
Pg. Adopted by Ord. .71-4 1/11/71
(i) General timetable of development
( j) Qualifications of the proposed design team for
the preparation of the General Plan and Program.
The design team shall be designated on the basis
of the extent and complexity of the Planned
Development and. shall consist of one or more
persons with qualifications such as an Urban
Planner, sal, krehitect, _an Engiheer, a. Land—
scape Architect, �t Nei er, _.au Attorney or
;:. other similar pals or ttchh.lCISAB.
b, The Planning Commission shall informally review the �5
Preliminary Development Plan and Program and may act
to grant preliminary approval, approval with recommended
modifications or. denial. Such action shall be based upon
the Comprehensive Plan, the standards of this Ordinance
and other regulations 'and the suitability of the proposed
development in relation to the character of the area.
co Approval in principle of the Preliminary Development Plan
and Program shall be limited to the preliminary accept-
ability of the. land uses proposed and their inter relation-
ships and shall not be construed to endorse precise ,loca-
tion` of uses nor engineering feasibility. The Planning
., Commission may require the development of other informa-
tion than that specified in Section 185-202 to- be sub-
mitted with the General Development Plan and Program,
do: The Planning Commission shall review and may recommend
expansion, additions or modifications in the qualifica-
tions of the proposed design team for the preparation"
of the General. Plan and Program,
ee The Planning Commission shall determine the extent of
any additional market analysis to be included in the
` General Development Plan and Program.
185--2.2 General Development and .Program
4 as After receiving approval in principle of the Preliminary
Plan and Program, the applicant shall have a General
Development Plan and Program prepared by the professional
design team having the qualif=cationsrecommended or
approved by the Planning CommissY no
b. The applicant shall petition for an &mendment of the
E . Zoning,Map as setforth in Chapter 260.
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ce Upon receipt of the petition accompanied by the General
Development Plan and,Program, the Planning Commission
shall hold a public hearing in accordance with the
provisions of Chapter 260,
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Pg. 2 Adapted by Ord, 71-4 1/11/71
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da The General Development Plan and .Program shall contain
the following elements'
1, Plan Elements
(a) General Development Playa in conformance with
the approved Preliminary Plr,.no
(b) Existing and proposed contour map or maps of
the site to a scale comensurate with the size
of4the development,
(c) Location, widths and names of all existing or
fJlw tt�d Streets or dti�cr.pi1hl $nom' drays, railroad
and utility rights-of-way, parks, or other
public open spaces and land uses within 500
feet of the boundaries of the development.
(d) Existing sewers, water mains, and other under-
ground facilities within and adjacent to the
development and their certified capacititso
1 (e) Proposed sewers or other disposal facilities,
water mains and otherunderground utilities.
(f) A preliminary subdivision plan if the property
is proposed to be divided.
(g) A land use plan indicating the uses planned
for the development,
(h) Areas proposedtobe dedicated or reserved for
interior circulation, public parks, playgrounds9
school sites, public buildings or other uses
dedicated or reserved to the public, if any.
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(i) Open space that is to be maintained and controlled
by the owners of the property and the proposed
uses thereof.
( j) A traffic flow map showing the circulation
pattern within -a-ftd adjacent to the proposed
de,�,eiopmento
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(k) Location and dimensions of pedestrian walkways,
- malls, trails or easements.
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(1) Location, arrangement, number and dimensions of
t automobile garages and parking spaces, width of
aisles, bays and angle of parking.
(m) Location, arrangement and dimensions of truck
y ` loading and unloading spaces and docks, if any.
(n) Preliminary architectural plans and elevations
of typical buildings and structures# indicating
the general height, bulk, appearance and number
ofdwelling units.
Pg- 3 Adopted by Ord, 71-4 - 1/11/71
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(o) A preliminary tree planting and landscaping •
plan including areas of ground cover and
oppr^vAiwat finished grades, slopes, banft
and ditches. All existing trees over 6
inches in diameter and groves of trees shall 1
be shown. Trees to be removed by development _
} shall be so marked.
(p) The approximate location. height and materials
of all walla; fences and screen plantings.
Elevation drawings of typical walls and fences
shall be included,
(q) The stages, if any, of the development construct-
ion. Such stages shall be clearly marked on the
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u•eiier�.g9 Developmentri.asio
AGA 20 Program Elements
(a) Narrative statement of the goals and objectives `3
of the planned development.
(b) A completed market analysis, if required- by the
Planning Commission.
r (c) Tables showing the total number of acres the {
distribution: of areas by use, , the percentage
uesignated for each dwelling type9 off-street
parking, streets, parks, playgrounds, schools
u and open spaces as shown on the proposed develop'
meet plan,,
(d) Tables showing the overall density of the pro-
posed residential development and showing density .
by dwelling types and any proposals for the
limitation of density.
(e) Drafts ofappropriate restrictive covenants and
drafts of documents providing for the maintenance
of any common open space, of required dedications
or reservations of public open spaces and of any
dedications of development rights
155.-2.3 Action and Findings
ad The Planning Commission, after public hearing as provided '.
in Chapter 260 may by resolution, `recommend approval of
the Planned Development district and the general Develop-,
meat Plan and Program, with or without modifications or
may deny :the application. A decision to .recomnend approval
of a Planned Development district shall be based upon the r
following findings:
1a That the proposed development is in substantial
conformance with the Comprehensive Plan for the City°
Pg. 4 Adopted by Ord. 71--4 1/11/71
2. That exceptions from the standards oaf the der�.giagt. #'
district are warranted by the design and amenities
incorporated in the development plan and progrem.
3. That the proposal is iA harmony with the surrounds'
area of its potential future use.
4. That the cyst em of ership-and, Vf � w .
i ing, pro serving and 'maintaining open spices is ami tatbled
5. That the approval still have a beneficial effect on 6
the area which could not be achieved, under other
zoning districts.
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development,• 6. That the proposed or a unit thereof,
can be substantially completed within one (1) year
of the approval.
bo A resolution for approval shall- be considered by the
City Council according to the provisions of Chapter 260/. Yk
A Planning Commission action to deny the application
may be appealed to the City Council. as .provided in
Chapter 270.
185-2.4 - Final Plan and Program
ao Following approval of the Planned Development District
P by the City Council, the applicant shall prepare a
Final Plan and Program which shall be submitted to the
Planning Director to check for compli€fice with the�9 •, approved General Development Plan and Program.
b. if the Fihal Flan and Program io found to be in complianceq
rt 5 it shall be so certified by the Planning ,Diractoz° and
recorded by the applicant in the office of the City
Recorder as the Final Development Plan along with • l.
alx.;
documents relating to dedications improvements, agree
y' meats, restrictione, and associations which shall con-Elltr
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stitute the Final Program.
ao The procedures setforth in the Subdivision Ordinance }
_ shall be followed if the property is to be divided or
streets are to be dedicated.
d. All publics
its dedications, development rights to open
spaces or other dedications for the entiresite or approved
staged `portion shallbe recorded prior to the issuance of
any building permit. `
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e. Final copies of all approved articles governing operatioU
and maintenance shall be p�.ac�e1 on file with the P1a�ing
Department prior to the issuance of any building permit.
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PSA 5 Adopted by Ord. 71-4 - 1/11/71
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SECTION 185-3 - DEVELOPMENT STANDARDS
185-3.1 - Application of Standdrde
ao In cases of conflict between standards of the under-
lying district and the Planned Development Districts
the standards of the Planned Development District shall
apply. s
,C* 0 _. minimum, Site Size
a, Planned Development Districts ahall be established only
on parcels of land which are suitable for the proposed
development and of sufficient size to be planned and
developed in a manner consistent with the purposes of
this Section.
` bo A Planned Development District shall not be established
on less than .four (4) acres of contiguous land unless
the ?Tanning Commission finds that property of .Less
than four (4) acres is suitable as a Planned Development
District by virtue of its unique character, topography,
or landscaping features, or by virtue of its qualifying
_ as an isolated problem area as determined by the Planning
Commission.
*. 185.-3, 3 Compatability with Neighborhood
aa. The plans and program shall present an organized arrange-
ment of buildings9 service facilities, open spaces and
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improvements such as recreation facilities, landscaping
and fencing to insure compatability with the Comprehensive
Kan and the character of the neighborhood.
b Periphery yards of a Planned Development District site
shall be at least as deep as those required by the yard
regulations of theadjoining district unless the Planning
Commission, finds that equal: protection will be accorded
through specific features of the approved plan.
185-3.4 Lot Coverage
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Lot coverage shall be the same as the uazderlying district
unless the Planning Commission finds that an exception
z is warranted in terms of the character and amenities
proposed in the total development,
185-3.5 Open Space
. " a Open space in a Planned Development District means the
land area to be used for scenic, landscaping or open r
recreational purposes within the development.
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Pg.- 6 Adopted by Ord 71-4 1/11/71
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I o It shall not include street rights-of-way, driveways
or open parking areas.
ba Open space shall be adequate for the recreational and
leisure use of the populatio�i occupying the Planned
Development District and designed to enhance the present
and future value of the development.
ca To the maximum extent possible, the plan and program
shall assure that natural features of the land are
preserved and landscaping i-s provided.
d4 In order to assure that open apace will be permanent, `
dedication of development right to the City of Tigard
for other than open space use may be required, �
ed Instruments guaranteeing the maintenance of open space
shall be reviewed and approved by the Planning Commission.
Documents dedicating development rights and provisions
for maintenance of open space shall be approved as to
form by the City Attorney.
fo The Planning Commission may require that instruments
of conveyance provide that in the event the open space
is perr^itted to deteriorate or is not maintained in a
condition consistent with the approved plan and program,
then and in such event the City may at its option cause
such maintenance to be done and assess- the costs to the
affected property owners
185-3.6 - Density
ao In order to preserve the integrity of the Comprehensive
Plan and relate it to the Planned Development, the
number of dwelling units permitted shall be determined
as follows.
1. Divide the net development area by the minimum lot
area per dwelling unit required by the underlying
district or districts in which the Planned Develop-
went is located, and then add ten per cent (10%) a
(a) Netdevelopment area shall be determined by
subtracting the area set aside for churchesq
schools or other non-residential uses from the
gross development area and deducting twenty
per cent (20%) of the remainder.
2� A greater number of dwelling units may be permitted
r' by the Planning Commission in the event the applicant
proposes a development which effectively limits the
overall density of the project to the standard of
Pg. 7 Adopted by Orel. 71-4 .. 1/11/71 �
the underlying district through restrictions on age3 •
family composition or other effective means.
(a) If the applicant proposes to utilize this
provision, full written details shall be
resented in the
p program section of the .
Preliminary Development Plano
s 185-3.7 - - Subdivision Lot Sizes
Minimum area, width, depth and frontage requirements
for subdivision lots in a Planned Development District
may be less than the minimums specified in the under-
lying district if in accordance with the approved
General Development .Plan and Program and the density
standards of this Section. The balance of the total
tract area shall be devoted to open space as defined
herein.
185-3.8 - Staging
a.. The applicant may elect to develop the Bite in successive
stages in a manner indicated in the General Development
Plan and Pi"ogram. Each such stage shall be substantially
complete within itself.
b. The Planning Commission may require that development
be done in stages if public facilities are not adequate
to service the entire development initially.
SECTION 1815--4 PERMITTED USES
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185-4.7. m For Residential Districts
mhp following uses a.r-e=permitted in a Planned Development
Districts
a. Housing concepts may include but are not limited to
,u single family residence, duplexes, row houses, town-
houses, cluster units or. `multiple family dwellingo.
b. Related commercial uses which are designed exclusively
to serve the development of which they are a part, when
approved by the Planning Commission.
c. Related community service uses which are designed to
k; serve the development of which they are a part,, when
approved by the Planning Commission.
1. Such :community service uses may also be designed
to serve the adjacent area, if considered desirable
by the Planning Commi6sion -pon examination of the
plan.
da Accessory buildings and -uses.
Pg. 8 Adopted by Ord. 71-4 - 113.1/71
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SECTION 185-5 CHANGES AND MODIFICATIONS.
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185--5,1 - Major Changes
Major changes in the General Development Flan and program
after it has been adopted ehall be considered the same
" s as a new petition and shall be made in accordance with
the procedures specified in this Sections
s185-5.2 - .Minor- Changes
ao Minor changes in the General Development Flan and Program
may be approved by the Plagining Director, provided that Aw
such changes-
1� Do not increase the densities
2. Do not change boundaries
3Do not change any. use
4, Do not change the location or amount of land
k devoted to specific Land use.
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SECTION 185--6 - EXPIRATION
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If substantial construction or development has not taken
place within one (1) year from the date of approval of
the General Development Plan and Programs the Planning
Commission shall review the district at a public hearing
to determine whether or not its continuation in whole or
in part is in the public interests and if. iound not to
be, shall recommend to the City Council that the Planned
Development District on the property be removed. The
City Councils at the request of the applicants may
grant an extension of time if justifiable.
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CITY OF TIGARD SIGN ORDINANCE
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JANUARY, 197
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101,
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TABLE OF CONTENTS
Page
Chapter 1 - GENERAL PROVISIONS
Sec. 1.010 Purpose and Scope 1
Seco 102.- Shout Title I
Sec, 103.- Definitions 1 5
Chapter 2 ADMINISTRA.TIONa ENFORCEMENT, APPEALS,
& REMOVAL OF NONCONFORMING SIGNS.
See. 201-, Administration and Enfarcement 6
See. 202.- Sign Permits 6 8
Sec, 203: Sign Trade License and Buzirless of
Outdoor Advertising Lizense 8 9
See. 204.- Sign Tdentificati.on 9
Sec, 205.- Non-conforming Signs 9 m 1.0
Sec, 206; Removal of Non-conforming Signs iO
Seco 207.- Removal of Abandoned Signs 10 - 1
1
Sec, 208.- Appeals `l o 1.2
Jeio 209s Signs i.iSeiback Are--s 12
Chapter :3 SPECIFIC SIGN REGULATIONS FOR CERTAIN ZONES
Sec. 301: Single Family Residential. Zones 13 :0 14
See, 302® Multi-family Residential. Zones 14
Sec. 3030 Commercial, Zones 14 - 19
Sec, 304.- Industrial Zones 19 - 20
Chapter 4 ® REGULATION FOR SPECIFIC TYPES OF SIGNS
Sec. 401-, Display of Flags c Banners and Polti'cal
Signs 21.
Seca 4023 Public Utility Signs and Signs Rewired
BypLaw 2122
See. 4030 Signs Not Designed To Be Viewed From 2'
Any Public Street
`$ Seca 4040 Certain Signs Prohibited 22 23
Sec, 4050 Rotating and Revolving Signs 23 24
Sac, 406: Flashing Signs and Signa Illuminations 24
Sec, 4070 Projecting Signs 24 26
Seca 408: Roof Signs 27
Seca 409; Construction and Maintenance 27 m 28
s* Sec. 410: Off-Premise Signs and Outdoor Advertising
Signs 28 :-,30
Chapter 5 - MISCELLANEOUS PROVISIONS
Sees 501: Repealing Ordinance #69-35 31
See, 502: Severability 31
Sec. 503: Penalties 31
s Seem 504a Emergency Clause and Effective Date