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Ordinance No. 77-89 CITY OF TIGARD, OREGON ORDINANCE No. 77- 89 AN ORDINANCE AMENDING TITLE 16, SIGN REGULATIONS, OF THE TIGARD MUNICIPAL CODE, AND DECLARING AN EMERGENCY. THE CITY OF TIGARD ORDAINS AS FOLLOWS: Section 1: The City Council finds that after a number of meetings involving representatives of the business community of Tigard and representatives of the sign industry, as well as other affected and interested citizens, the sign code committee recommended to the Planning Commission of the City of Tigard certain changes in Title 16, Sign Regulations, of the Municipal Code of the City of Tigard, and that after considering the recommendations of that committee and deliberating upon those recommendations the'.i-. Planning Commission has forwarded those recommendations with its amendments to the City Council. Section 2: The City Council finds that after proper legal notice a public hearing was held by the City Council on the 10th day of October, 1977, and at that meeting all interested persons were afforded an op-)ortunity to be heard and to present and rebut evidence with respect to the proposed amendments to Title 16. Section 3: Having considered the recommendations of the sign code committee and the Planning Commission and having entertained testimony with regard to the recommendations, the City Council has found that certain changes should be made in Title 16, Sign Regulations, of the Municipal Code of the City of Tigard. Section 4: Therefore Title 16, Sign Regulations, Municipal Code of the City of Tigard, is amended in the following respects: 1:. Section 16.08.040 Building Officiai,.is deleted from Title 16. 2. Section 16.12.010 Required is amended to read as follows: "16.12.010 Re ug iced. Except as provided in this chapter, it is unlawful for any person to construct, structurally alter, or relocate within the city any sign without first obtaining a sign permit from the Planning Director and making payment of the fee required. In 'addition, all illuminated signs shall be subject to the provisions of the State Electrical Code and the permit fees required thereunder." B. Section 16.12.020 Application is amended to read as follows: "16.12.020 A221ication. Application for a sign permit shall be made upon forms provided by the Planning Director and shall contain or have attached the following information: Page l - Ordinance No. 77-89 t r" F (1) Name, address, and telephone number of the applicant; (2) Location of the building, structure, or lot to which or upon which the sign is to be attached or erected; (3) A plot plan and a scale drawing of the sign. The plot plan shall be made to scale, and it shall indicate the location of all buildings, property lines, existing signs, streets, driveways, and overhead power lines on the premises. In addition, the plot plan shall show the approximate location of neighboring signs and buildings within 100 feet on either side of the subject premises. The scale drawing of the sign shall show the sign dimensions, the colors, materials, construction, height above the ground, and source and intensity of any illumination; (4) All electrical signs shall bear the Underwriters' Laboratory label; (5) The name, address, and telephone number of the person who will do the erection, construction, or maintenance of the sign; (6) The application, including the information required by paragraphs (1) through (5) above, shall be submitted to the Planning Director. The proposal shall be reviewed to determine whether the sign as proposed is acceptable given its impact on public safety, the architectural compatibility of the elements of the sign, one with another, the compatibility of the sign with its surroundings, the sign's aesthetic qualities, and its consistency with the needs of the business or businesses to which it relates. These aesthetic considerations shall be made according to the criteria set forth in paragraph (7) below; (7) The purpose of design review of signs is to improve the quality of design and to attempt to improve the general appearance of the business and industrial community. The intent of this process is to review the work submitted, not to perform the design work for the applicant. Neither is it the intention of this code to substitute the personal taste of a reviewer for that of the applicant, but rather to perform an objective analysis of the proposed sign according to the standards embodied in this section. In reviewing the design of sign proposals the Planning Director, and, in the event of an appeal, the Design Review Board, shall consider particularly the following: (a) Letters Style (for legibility and continuity) Size of copy (inrelationto background) Amount of copy (in relation to sign size) (b) Colors Compatibility with building colors Compatibility with each other (c) Overall ,Design (As it relates to the building and suitability to the location) Page 2 - Ordinance No. 77-$9 4. Section 16.28.010 Nonconforming Signs shall be amended by amending paragraph (a) to read as follows: 716.28.010 Nonconforming Signs. (a) The Planning Director shall order the removal of any sign erected in violation of the provisions of this Title. The Planning Director shall give fifteen days' written notice by certified mail to the owner of the sign or, if the owner of the sign cannot be notified, to the owner of the building, structure, or premises on which such sign is located to remove the sign or to bring it into compliance with this Title. If the owner of the building, structure, or premises upon which such sign is located fails to remove the sign within fifteen (15) days. after receipt of written notice from the Planning Director, the Planning Director or his duly authorized representative may remove such sign at cost to the owner of the building, structure, or premises, and such costs shall be a lien against land or premises upon which the sign is located and may be collected or foreclosed in the same manner as liens otherwise entered in the lien docket of the City. zt ,„ 5. Section 16.36.020(5) Real Estate Directional Signs is amended to read as follows: "(5) 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-premise directional signs shall be allowed. No permits are required for such signs, but the 'Pl'anning Director may establish reasonable rules and regulations to prohibit sign clutter, erection of unsafe signs, or other problems in connection with the erection of real estate directional signs." 6. Section 16.36.040 Commercial Zones is amended to read as follows: "16.36.040 Commercial and Industrial Zones. (1) No signs shall be permitted in a C-5 Commercial zone except those specified in Title 18 for such zone. (2) No signs shall be permitted in a C-P Commercial-Professional zone except those specified in Title 18 for such zone. (3) Free-Standing Signs. Free-standing signs shall be permitted only in commercial and industrial zones. Where free-standing signs _ are permitted, the size, height, orientation, location, and design shall be controlled by the criteria set forth in paragraphs (a) thru (m) below. (a) One multiface d free-standing sign identifying the principal goods, products, facilities or services available on the premises shall be permitted on any premise. (b) Free-standing signs shall be permitted on properties zoned Page 3 Ordinance No. 77-89 commercial or industrial and fronting on arterial streets subject to the following conditions and limitations: (1) Area limit: The maximum square footage of sign allowable shall be 70 square feet per face or a total of 140 square feet for all sign faces. If the sign is moved back from the property line which parallels the street the sign is facing, the sign area may be increased at the rate of one square foot per lineal foot, measured from the property line to that portion of the sign nearest the property line. If the property line is more than 15 feat from th,: edge of the road pavement, the measurement shall be made from that portion of the sign nearest the pavement to a point 15 feet from the pavement edge. The maximum allowable area under this provision shall be 90 square feet per face or a total of 180 square feet for all sign faces. (2) Height: No free-standing sign located at the right-of-way edge shall exceed 20 feet. Height may increase one foot for each ten feet of setback from the property line (or 15 feet from pavement edge, whichever is less) to a maximum of 22 feet. (c) Free-standing signs shall be permitted on properties zoned commercial or industrial on collector streets subject to the following conditions and limitations: (1) Area limit: The maximum square footage of sign allowable shall be 25 square feet per face or a total of 50 square feet for all sign faces. If the sign is moved back from the property line which parallels the street the sign is facing, the sign area may be increased at the rate of one square foot per lineal foot, measured from the property line to that portion of the sign nearest the property line. If the property line is more than 15 feet from the edge of the road pavement, the measurement shall be made from that portion of the sign nearest the pavement to a point 15 feet from the pavement edge. The maximum allowable area under this provision shall be 45 square feet per face or a total of 90 square feet for all sign faces. (2) Height: No free-standing sign located at the right-of-way edge shall exceed 16 feet in height. Height may increase one foot for each ten feet of setback from the property line (or 15 feet from the pavement edge, whichever is less) to a maximum of 18 feet. (d) Free-standing signs shall be permitted on property zoned commercial or industrial and fronting on local streets subject to the following conditions and limitations: (1) Area limit: The maximum square footage of sign allowable shall be 16 square feet per face or a total of 32 square feet for all sign faces. If the sign is moved back from the Page 4 Ordinance No. 77-89 ■ _ f property line which parallels the street the sign is facing, the sign area may be increased at the rate of one-half square foot per lineal foot, measured from the property line to that portion of the sign nearest the property line. If the property line is more than 15 feet from the edge of the road pavement, the measurement shall be made from that portion of the sign nearest the pavement to a point 15 feet from the pavement edge. The maximum allowable area under this provision shall be 26 square feet per face or a total of 52 square feet for all sign faces. (2) Height: No free-standing sign located at the right-of-way edge shall exceed 14 feet in height. Height may increase one foot for each ten feet of setback from the property line (or 15 feet from the pavement edge, whichever is less) to a maximum of 16 feet. (e) For purposes of applying the criteria of this ordinance, the following list of street designations shall apply: Designated .Arterial Streets All of S. W. Durham Road within the city All of S. W. Greenburg Road (north of North Dakota) within the city All of S. W. Hall Boulevard within the city All of S.W. Pacific Highway within the city All of S. W. Scholls Ferry Road within the city All of S. W. Tigard Street (east of Tiedeman) within the city All of 68th Avenue (north of Hampton) within the city All of 72nd Avenue (south of Hampton) within the city Designated Collector Streets S. W. Ash Avenue within the city from S.W. Burnham to S. W. Hill Street All of S. W. Bonita Road within the city All of S. W. Bull Mountain Road within the city All of S. W. Burnham Street within the city All of S. W. Cascade Street within the city All of S. W. Commercial within the city All of S. W. Gaarde Street within the city All of S. W. Grant Street within the city All of S. W. Greenburg Road (south of S. W. North Dakota) within the city All of S. W. Hampton within the city All of S. W. Hunziker Street within the city All of S. W. Main Street within the city All of S. W. McDonald Street within the city All of S. W. North Dakota within the city All of S. W. Pfaffle Road within the city All of S. W. Sattler Road within the city All of S. W. Summerfield Drive within the city All of S. W. Tiedeman Street within the city All of S. W. Walnut Street within the city All of S. W. 98th Avenue within the city All of S. W. 100th Avenuewithinthe city All of S. W. 121st Avenuewithin the city Page 5_- Ordinance No. 77-89 (1) 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 needs of all separate tenants. The design shall take into consideration the need for providing a signing system which is harmonious in appearance and legibility. The building owner shall provide at his own expense a coamion support for all tenant signage. Said support should be engineered to withstand 20 pounds per square foot wind load of completed display. Up to an additional 50 percent of sign copy area may be permitted when deemed necessary by the Planning Director to adequately identify the separate tenants. (m) 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 50 percent of sign area may be permitted when deemed necessary by the Planning Director 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. (4) Wall signs: In addition to signs permitted by this section wall signs may be erected or maintained but they shall not exceed in gross area 20 percent of the. buiiding to which the sign is attached or on which the sign is maintained. Signs placed on or within one foot of the display windows and designed to be viewed from the exterior of the building shall be included in determining the amount of signing on such building face. Wall signs may not project more than 18 inches to the wall to which they are attached. (5) Real estate signs: No more than two signs offering the premises for sale, lease, or inspection by the public shall be permitted. The total area of each sign shall not exceed 32 square feet. Such signs may be modified to indicate that the property has been sold. (6) Moving signs: No sign shall have or consist of any moving, rotating, or otherwise animated part. 7. Section 16.36.050 Industrial Zones is deleted from Title 16. 8. Section 16.40.050 Rotating or Revolving Signs is deleted from Title 16. 9. Section 16.40.060(b) is amended to read as follows: "(b) No flashing signs shall be permitted except those showing time and temperature only." 10. Section 16.34.010 Right of Appeal is amended by the addition of the letter (a) before the first paragraph; the addition of the letter (U) ' before the second paragraph, and by the addition of the following °� Page 7 - Ordinance No. 77-89 Local Streets All other existing streets within the city (Ordinance 75-40 S4, 1975, Ordinance 72-68 S1, 1972; Ordinance 70-32 5210-8, 1970) (f) Supplemental design features. If the design reviewer determines that the sign's visual appeal and overall design quality would be served an additional 50 percent of the allowable sign area and z 25 percent of sign height (to include the pole cover) may be permitted. No copy will be permitted, however, in the additional area or height permitted. For purposes of this subsection the word "copy" includes symbols, logos, and figures, as well as .letters. (g) Where a premise fronts on more than one street standards for E; the street towards which the sign is orienteu shall be the controlling standards. In the event the sign is oriented equally towards more than one street the more permissive of the two sets of standards shall be applied. s, (h) Except for time and temperature signs and theater marquees and signs used by auto service stations in order to display the current price of gasoline, no free-standing sign permitted pursuant to this section shall include a sign of the type '.nown as a "reader board." For the purposes of this section, a "reader board" is defined as a sign designed to permit the changing of the message of the sign regularly or frequently as, for example, a sign made up of a blackboard, changeable paper faced letters, or a rack designed to hold moveable letters. (i) 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 Section 16.12.020 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 14 feet in any vehicle maneuvering area. (j) Every free-standing sign erected after the date of the passage r of this ordinance shall incorporate a pole cover into its design, and the address number of the premises being identified must be exhibited on either the free-standing sign or the building, and the address number must be constructed so as to be readable from automobiles passing upon the street toward which the sign is oriented. { (k) No free-standing sign, nor any portion of any free-standing sign, shall be located on or be projected over any portion of a street, sidewalk or other public right-of-way or property. Signs may be located within setback areas only as provided in Section 16.20.040. Page 6 Ordinance No. 77-89 paragraph, to be designated (c): "16.34.010 Right of appeal * * *" (c) Any person who has applied to the Planning Director for a sign permit pursuant to the provisions of Section 16.12.020 may appeal the Planning Director's decision to the design review board by the procedure set forth at Section 18.58.020(c) of the Tigard Municipal Code. Section 5: It is hereby declared that an emergency exists and that it is necessary for the immediate preservation of the peace, health, and safety of the City of Tigard, Oregon, that the foregoing change become a permanent part of the City's records, and this ordinance shall be effective upon its passage by the Council, and approval by the Mayor. PASSED: By �YNS._nlrr,nus vote of all Council members present, after being read three times by number and title only, this 167h day of c`tcibf b, , 1977. Recorder - City of T#ard, Oregon APPROVED: By the Mayor this Jb76 day of i c-tober , 1977. r. Mayor - City of Tigard, Oregon Page 8 Ordinance No. 77-89