01/05/2004 - Packet 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PLEASE NOTE: The original paper record has been archived and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.
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AGENDA '�� Mw+''►j
City of Tigard
Conmmity Deulopnvnt
TIGARD PLANNING COMMISSION slxrpmgA aetter�»ariey
JANUARY 5, 2004 7:00 p.m.
TIGARD CIVIC CENTER— RED ROCK CREEK CONFERENCE ROOM
13125 SW HALL BOULEVARD
TIGARD, OREGON 97223
1. CALL TO ORDER
2. ROLL CALL
3. COMMUNICATIONS
4. APPROVE MINUTES
5. ELECTION OF VICE-PRESIDENT
6. PUBLIC HEARINGS
6.1 ZONE ORDINANCE AMENDMENT (ZOA) 2003-00002 TEMPORARY A-FRAMES IN
RESIDENTIAL ZONES SIGN CODE AMENDMENT
REQUEST: A Zone Ordinance Amendment to amend the sign regulations to allow
temporary A-frame signs in residential zones without a permit subject to size and
placement restrictions. LOCATION: Residential Zones. ZONE: N/A. APPLICABLE
REVIEW CRITERIA: Statewide Planning Goals 1 and 2; Comprehensive Plan Policies
1 and 2; and Community Development Code Chapters 18.380, 18.390 and 18.780.
6.2 ZONE ORDINANCE AMENDMENT (ZOA) 2003-00003 BILLBOARDS &
FREESTANDING FREEWAY ORIENTED SIGNS CODE AMENDMENT
REQUEST: To review and amend the Tigard Sign Code Chapter 18.780 to clarify
language regarding "Billboards" and "Freestanding Freeway Oriented Signs," and to
amend the language of Section 18.230.030 to make the definition of"Responsible Party"
consistent with Tigard Municipal Code Section 18.740.020(A)(1-3). LOCATION:
Citywide. ZONE: N/A. APPLICABLE REVIEW CRITERIA: Statewide Planning Goals
1 and 2; Comprehensive Plan Policies 1 and 2; and Community Development Code
Chapters 18.230, 18.380, 18.390 and 18.780.
7. GOAL 5 SITE SPECIFIC ESSE ANAYLSIS UPDATE/RECEIVE PLANNING
COMMISSION COMMENTS
8. OTHER BUSINESS
9. ADJOURNMENT
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CITY OF TIGARD
TIGARD PLANNING COMMISSION
ROLL CALL
HEARING DATE: /-15--
STARTING TIME: 7 : v D ��` .
COMMISSIONERS: `' MARK PADGETT(PRESIDENT)
rl JODIE BIENERTH
REX CAFFALL
GRETCHEN BUEHNER
BILL HAACK
GLENN MORES
JUDY MUNRO
V SCOT SUTTON
EILEEN WEBB
STAFF PRESENT:
V/DICK BEWERSDORFF JIM HENDRYX
V BRAD KILBY BARBARA SHIELDS
V MORGAN TRACY _ JULIA HAJDUK
MATT SCHEIDEGGER DUANE ROBERTS
KIM MCMILLAN BETH ST. AMAND
GUS DUENAS •
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CITY OF TIGARD
PLANNING COMMISSION
Meeting Minutes
January 5, 2004
1. CALL TO ORDER
President Padgett called the meeting to order at 7:00 p.m. The meeting was held in
the Tigard Civic Center, Town Hall, at 13125 SW Hall Blvd.
2. ROLL CALL
Commissioners Present: President Padgett; Commissioners Bienerth, Buehner,
Caffall, Haack, Munro, and Sutton
Commissioners Absent: Commissioners Mores and Webb
Staff Present: Dick Bewersdorff, Planning Manager; Morgan Tracy,
Associate Planner; Brad Kilby, Associate Planner
3. PLANNING COMMISSION COMMUNICATIONS
Rex Caffall was welcomed as a new Planning Commissioner; the new Planning
Commission alternate, Kathy Meads, was introduced.
4. APPROVAL OF MINUTES
It was moved and seconded to approve the December 1, 2003, meeting minutes as
submitted. The motion passed unanimously.
It was moved and seconded to approve the December 8, 2003, meeting minutes as
submitted. The motion passed by a vote of 5-0. Commissioners Padgett and
Sutton abstained.
5. ELECTION OF VICE-PRESIDENT
Judy Munro was elected as Vice-President of the Planning Commission.
6. PUBLIC HEARINGS
6.1 ZONE ORDINANCE AMENDMENT (ZOA) 2003-00002 TEMPORARY A-
FRAMES IN RESIDENTIAL ZONES SIGN CODE AMENDMENT
REQUEST: A Zone Ordinance Amendment to amend the sign regulations to
allow temporary A-frame signs in residential zones without a permit subject to
size and placement restrictions. LOCATION: Residential Zones. ZONE: N/A.
APPLICABLE REVIEW CRITERIA: Statewide Planning Goals 1 and 2;
Comprehensive Plan Policies 1 and 2; and Community Development Code
Chapters 18.380, 18.390 and 18.780.
PLANNING COMMISSION MEETING MINUTES -January 5,2004-Page I
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STAFF REPORT
Associate Planner Morgan Tracy presented the staff report. He reported that this
amendment has been proposed by a private citizen on behalf of several in the
real estate profession.
The issue at hand is that A-frames are prohibited forms of signage in residential
zones. A-frames used to advertise open houses in other areas, (or sometimes
even within Tigard, although they shouldn't have been there). This is a fairly
common practice of real estate agents to direct potential clients and "Sunday
drivers" to their showings.
Staff has routinely impounded signs and cited people who place A-frames in
residential zones (more often though, this has been the result of those signs
being placed in the right-of-way). To address the needs of real estate agents,
the applicant met with staff to develop some preliminary text revisions.
Staff suggested that certain limitations be added to protect neighborhoods from
sign accumulation and clutter. The proposed amendment language is the result
of that collaboration.
Staff has since discovered that due to the construction of the sign code and the
manner in which one of the definitions is written, A-frame signs would have no
longer been allowed in commercial zones. A revision is suggested to change
the definition of Lawn Sign:
c. Lawn Sign - temporary signs placed on rp ivate property supported by
one stick •ost rod or A-frame in or on the •round. A lawn freestanding
sign in residential zones wh eh is exempt from sign permit requirements provided
the size requirements in Subsection 18.780.060 {B2.} can be met. A lawn sign
in commercial or industrial zones is subject to temporary permit
requirements as provided for in Subsection 18.780.100.
This resolves the issue with allowing A-frames in commercial zones, however,
there remains a disparity between the two zoning classifications in that
commercial zoned properties are required to obtain a $15 permit good for 30
days to place their signs, while residentially zoned properties do not.
Considering the amount of time most residential A-frames would be used (for
garage sales, estate sales, open houses) staff feels that a permitting process for
these signs would be burdensome to property owners and staff alike.
The City's code enforcement officer notes that the majority of sign enforcement
is due to placement of signs in the right-of-way, and that this amendment will not
resolve those problems. Other issues, such as monitoring when signs are
removed, may also be problematic, although it is acknowledged that this
provision is intended to discourage signs from being left out for"extended"
PLANNING COMMISSION MEETING MINUTES -January 5,2004-Page 2
Amta
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periods of time.
Staff recommends that the Planning Commission amend the sign regulations as
proposed by the applicant, with the change previously noted along with any other
alterations as determined through the public hearing process and make a final
recommendation to the Tigard City Council.
Tracy advised that A-frames are generally allowed in most jurisdictions. He also
advised that there are specific sign regulations with home occupation permits.
APPLICANT'S PRESENTATION
Heather Adams, 12655 SW North Dakota St., Tigard, OR 97223, testified that
homeowners are upset that realtors cannot use A-frame signs in the City of
Tigard and that she has received citations when she used the signs. She
showed signs that the realtors are hoping will be approved. She stated the
realtors were not asking to put the signs in the right-of-way.
Martha Brooks, 5331 SW Macadam Ave., Suite 207, Portland, OR 97239, spoke
on behalf of the Portland Metropolitan Association of Realtors. Her testimony is
attached as Exhibit A. Commissioner Sutton asked about the importance of an
A-frame sign as opposed to a sign on a stick. It was acknowledged that off-site
directional signs are easier to place if they are A-frame signs.
PUBLIC TESTIMONY— IN FAVOR
Rob Blakely, 11645 SW Hazelwood Loop, Tigard, OR 97223, said he is
embarrassed that Tigard has such a restrictive sign code and urged the
Commission to approve the proposed amendments.
Pat Savage, 16902 SW Steele Way, Beaverton, OR 97006, testified that she has
had directional signs removed that were not in the right-of-way. She asked why
signs couldn't be placed in the right-of-way if they weren't in anyone's way.
Melvin Broadous, 7885 SW Fanno Creek Dr., Tigard, OR 97224, noted the
difficulty in complying with regulations and still being able to do business. He
1 encouraged the proposed changes to allow more signage area.
Michael Curtis, 12549 SW Main St., Tigard, OR 97223, said this is an issue in
every municipality. He reported that signage is best way to advertise. He
believes at least 50% of his business comes from advertising with signs.
Bill Barry, 7535 SW Greenwood Dr., Portland, OR 97223, asked the
Commissioners if they had ever sold a home and, if so, did signs help in the sale.
Mike Lavios, 2450 Glen Haven Rd., Lake Oswego, OR 97034, said other
speakers had already addressed his issues.
PLANNING COMMISSION MEETING MINUTES -January 5,2004-Page 3
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Richard Boyce, 7800 SW Bond St., Tigard, OR 97224, spoke on behalf of the
Business Advocacy Committee to the Tigard area Chamber of Commerce. This
issue has been discussed by their group several times. They are in support of
this ordinance amendment. Commissioner Buehner noted that people have
differing opinions about the number of signs (too many or not enough) in Tigard.
Jim Poison, 14400 SW McFarland Blvd., Tigard, OR 97224, said he would
personally like to see directional signs disappear, but A-frames are essential to
doing business.
Bill Hester, 15962 SW Enna Ct., Tigard, OR 97224, complained about the Code
Enforcement Officer.
PUBLIC TESTIMONY— IN OPPOSITION
None
PUBLIC HEARING CLOSED
After discussion, Commissioner Buehner moved to recommend to Council to
amend all of the subsections related to application ZOA 2003-00002, to amend
the code to provide that the sign code allow signage up to 24 square feet in
residential zones and specifically allowing A-frame signs (to delete them from the
ban) and putting them under "Temporary Signs", but only on the property of the
owner. There was no second to the motion. The motion failed due to a lack of a
second.
Commissioner Sutton moved that the Planning Commission recommend to
Council that they approve the sign ordinance amendment, ZOA 2003-00002, as
written, with the exception in section 18.780.060 that the total of 24 square feet
include all signs, including the 4"x24" riders (strike the "plus one sign not to
exceed 4 inches by 24 inches may additionally be attached to a lawn sign") and a
further exception that instead of 6 square feet per face, that it be 4 square feet
per face on any of the signs within that 24 square feet, to apply to all residential
zones. There is no point in distinguishing between A-frames and stick signs; the
maximum shall be 4 square feet per face on any of the signs, with a maximum of
24 square feet per property. Commissioner Haack seconded the motion. The
motion passed by a vote of 4-2 with one abstention.
6.2 ZONE ORDINANCE AMENDMENT (ZOA) 2003-00003 BILLBOARDS &
FREESTANDING FREEWAY ORIENTED SIGNS CODE AMENDMENT
REQUEST: To review and amend the Tigard Sign Code Chapter 18.780 to
clarify language regarding "Billboards" and "Freestanding Freeway Oriented
Signs," and to amend the language of Section 18.230.030 to make the definition
of"Responsible Party" consistent with Tigard Municipal Code Section
18.740.020(A)(1-3). LOCATION: Citywide. ZONE: N/A. APPLICABLE
REVIEW CRITERI; ,: Statewide Planning Goals 1 and 2; Comprehensive Plan
Policies 1 and 2; and Community Development Code Chapters 18.230, 18.380,
PLANNING COMMISSION MEETING MINUTES -January 5,2004-Page 4
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18.390 and 18.780.
STAFF REPORT
Associate Planner Brad Kilby presented the staff report. He reported that in April
1993, the Tigard City Council agreed to prohibit billboard signs in the Tigard city
limits, but in the course of writing code, there were some terms that were left
vague.
Earlier this year, two companies applied for building permits to construct billboards
along Hwy. 217. The City denied the permits based on the size and heights of the
signs. The companies filed appeals with the Oregon Land Use Board of Appeals.
The City prevailed with the appeals, however, LUBA thought we needed to clarify
• our code.
The proposed amendments will accomplish the following objectives:
• Amend the definition of"Responsible party" in Section 18.230.030 to be
consistent with the definition of"Responsible party" in the Tigard Municipal
Code.
• Amend the Purpose statement of the Tigard Development Code (TDC)
Chapter 18.780 to delete the adoption of the Oregon Motorist Information
Act (OMIA) by reference.
• Amend the definition of"Billboard" to mean signs larger than the maximum
size allowed.
• Delete the term "Billboard structure."
• Delete the term "Public sign."
• Require that OMIA permitted signs be reviewed by City of Tigard staff
through a type I process.
• Delete the requirement for a sign code exception by the Commission in
order to allow freeway-oriented signs.
• Delete the amortization clause for Billboards along Highway 99W with the
amortization date of June 10, 1998.
PUBLIC TESTIMONY
None
PUBLIC HEARING CLOSED
' After discussion, Commissioner Buehner, with regard to ZOA 2003-0003, moved
that the Commission recommend to City Council approval of the proposed
changes to the sign code amendment and section 18.280 as submitted, based
on findings in the staff report and discussion held. Commissioner Caffall
seconded the motion. The motion passed unanimously.
7. GOAL 5 SITE SPECIFIC ESSE ANAYLSIS UPDATE/RECEIVE PLANNING
COMMISSION COMMENTS
This agenda item was cancelled. It will be rescheduled for a later date.
PLANNING COMMISSION MEETING MINUTES -January 5,2004-Page 5
8. OTHER BUSINESS
The Commission will meet on January 26th for a Comprehensive Plan workshop.
9. ADJOURNMENT
The meeting adjourned at approximately 9:10 p.m.
Jer -- 1 aynor, PI. fling,i1 mission Secretary
ATTES : Presi•.r nt Mark Padgett
PLANNING COMMISSION MEETING MINUTES -January 5,2004-Page 6
Portland Metropolitan
p M A R g>cti 119
Association of Realtors" /4"
TESTIMONY BEFORE THE
CITY OF TIGARD
PLANNING COMMISSION
JANUARY 5,2004
ON
CODE AMENDMENT TO ALLOW THE PLACEMENT
OF TEMPORARY A-FRAME SIGNS IN RESIDENTIAL ZONES
ZOA 2003-00002
Good evening. I am Martha Brooks, vice president of Governmental Affairs for the Portland
Metropolitan Association of Realtors®located at 5331 SW Macadam Avenue, Suite 207,
Portland, Oregon 97239. In addition to serving in this capacity, I am also a Realtor®, with more
than 16-years of experience, with an office in the Tigard Triangle.
On behalf of the 5700 members of the Portland Metropolitan Association of Realtors®, I urge
your support of the Zone Ordinance Amendment(ZOA 2003-00002)to allow temporary a-frame
signs in residential zones. The proposed amendments before you are the result of Realtors®
sitting down with City Staff to find a way that will allow Realtors®to adequately market the
citizen's of Tigard's homes without seriously compromising the appearance of the City. We
appreciate being able to work with City Staff on drafting the amendments. Dick Bewersdorff
and Morgan Tracy were easy to work with and accessible through out the process. They should
be complemented
‘. • The proposed amendments to the City's Development Code will facilitate active home sales to
the benefit of the entire community. No one—the seller, the neighbors, or the police—want a
home on the market or sitting vacant for an unnecessarily long period of time. A-frame signs
properly direct prospective homebuyers to the homes for sale or rent and underscore a vibrant
marketplace.
Every day, individuals and families are buying and selling homes in Tigard. In 2002, Realtors®
helped sell more than$286 million worth of property in the City. In 2003, Realtors®were part of
transactions totaling more than$329 million. The benefit to the community of home sales is
extensive. It is estimated that roughly 30-percent of the new home occupant's income is spent
on items produced by local businesses, such as medical care, daycare, and services such as dry
cleaning and auto repair(source: The Importance of America's Housing Sector to the Economy,
David Lereah,National Association of Realtors®, Winter 2003).
5331 SW Macadam Avenue,Suite 207
Portland, OR 97239
503.228.6595
REALTOR' Fax 503.228.4170
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Portland Metropolitan Asiettion of Realtors® •
Before the City of Tigard Planning Commission
January 5, 2004
Page 2
Helping maintain the vitality of a city—a community—is what Realtors® do. Realtors®are
business people who serve the community; assist the residents and tax payers of the city.
We help people realize the American Dream of homeownership. One of the tools we use in our
business is signs. We place signs on the property to communicate to potential buyers. We use
signs to assist people in finding homes in this community that are for sale. Our clients ask us to
use, and want us to use, signage to market their home.
We fully support the proposed changes to the City's code that will increase the allowed square
footage of sign and allow A-frame style signs on private property in residential zones.
The increase in allowed square footage allows the home seller to convey a message as to the
value of the home to the potential buyer. It can also let a potential buyer know when the house
will be open for viewing.
A-frame signs—simply a four-sided sign with a message on two sides—are an industry standard
which are easily recognized by the public as a communication tool used by Realtors®. A-frames
are less intrusive to the environment in that they are not stuck into the ground where damage can
be done to irrigation systems and vegetation. A-frames are temporary in nature being put up and
removed frequently. And, moved from location to location. It is not practical that they be a
stick-sign.
We agree that the hours of allowed use should be limited to 8:00 a.m. to 6 p.m. Real estate open
houses, garage and estate sales, Christmas tree recycling and the like are events that do not
extend into the evening hours. Thus there is no need for the a-frame sign to remain standing
beyond 6 p.m.
In conclusion,the members of the Portland Metropolitan Association of Realtors®ask you
support of the sign code amendments before you and ask that you recommend to the City
Council adoption of the changes.
I appreciate your consideration of these comments and am available to answer any questions.
nThank you.
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COMMUNITY NEWSPAPERS
Legal
P.O. BOX 370 PHONE(503)684-0360 Notice TT 10 3 4 0
BEAVERTON, OREGON 97075
Legal Notice Advertising
"City of Tigard • ❑ Tearsheet Notice
13125 SW Hall Blvd.
Tigard,Oregon 97223 • ❑ Duplicate Affidavit
Accounts Payable
• •
AFFIDAVIT OF PUBLICATION
STATE OF OREGON,
COUNTY OF WASHINGTON, )sS.
1, Kathy Snyder
being first duly sworn, depose and say that I am the Advertising
Director, or his principal clerk, of tha1gard—Tualatin Tames
a newspaper of general circulEktion as defined in ORS 193.010
and 193.020; published at Tigard in the
aforesaid county and state; that the Zone Ordinance
Temporary A—Frames Amendment
a printed copy of which is hereto annexed, was published in the
entire issue of said newspaper for ONE successive and
consecutive in the following issues:
December 18,2003
/6-71
Subscribed and sworn t b re me thisl th d a_y_o.f Ilecembe r,,2,S1 -
OFFICIAL SEAL
ROBIN A BURGESS
otary Public for Oregon NOTARY PUBLIC-OREGON
�. COMMISSION NO.344589
MY COMMISSION FXP'RES MAY 16,2005
My Commission Expires: r
AFFIDAVIT
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•
•
• The following will be considered by the Tigard PIa41>f
Commission on Monday January S;2004 at 7:00 PM and by;the
Tigard City Council on Tuesday January 27,2004 at 7:30 PM,:iit
the Tigard Civic Center-Town Hall, 13125 SW Hall.Blvd.,Tigard,
Oregon.
Public oral or written-testimony is invited. The public hearing on this
matter will be held under Title 18 and rules of procedure adoptecby
the'Council and available at City Hall or the rules of procedure set
forth in Section 18.390.060E..The Planning.Commission's review Is
for the purpose of making a recommendation to the City Council'on
the request. The Council will then hold a public hearing on the
request prior to making a decision.
Further information may be obtained from the City of Tigard
Planning Division at 1 .125 SW Hall Blvd.,Tigard,Oregon 97223Ldr
by calling 503-6394171.
PUBLIC HEARING ITEM:
ZONE ORDINANCE AMENDMENT(ZOA)2003-00002'
® TEMPORARY A-FRAMES IN RESIDENTIAL ZONES
SIGN CODE AMENDMENT
REQUEST: A Zone Ordinance Amendment to amend the'"sign
regulations to allow temporary A-frame signs in residential zdtics
without a permit subject to size and placement 'restricti8t
LOCATION: Residential Zones, ZONE: NIA. APPLICABLE
REVIEW CRITERIA: Statewide Planning Goals 1 ands n2;
Comprehensive Plan Policies 1 and 2;and Community Development
Code Chapters 18.380,18.390 and 18.780.
TT 10340—Publish December 18,2003. •'o
®® TIGARD
•
PLANIQING COMMISSION :A
CITY OF TIGARD
OREGON
NOTICE: PEOPLE WISHING TO SPEAK ON ANY ITEM MUST PRINT THEIR NAME AND ADDRESS
ON THIS SHEET.
AGENDA ITEM//: (,. / Page J of oZ DATE OF HEARING: / / S/ U`/
CASE NUMBER(S): O9 .2-UZ7 3 - 0 UDO
S/U% lade- c/m .-/ - 9--cant eLs t /es/cl .4/ 2 I�s•
LOCATION:
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PLEASE PRINT YOUR NAME, ADDRESS, AND ZIP CODE
PROPONENT (For the proposal) OPPONENT (Against the proposal)
(Print Name/Address/Zip&Affiliation) (Print Name/Address/Zip&Affiliation)
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TIGARD Cr. 1 �,
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PLANING COMMISSION (I ,A/
CITY OF TIGARD
OREGON
NOTICE: PEOPLE WISHING TO SPEAK ON ANY ITEM MUST PRINT THEIR NAME AND ADDRESS
ON THIS SHEET.
AGENDA ITEM#: G. / Pagea of a- DATE OF HEARING: / /s/ 0 7
CASE NUMBER(S): A 2 014- a-ay - cum)-
ORATED t A DDT iG A N : < :' /' rz ' A
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-LOCATION: /
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PLEASE PRINT YOUR NAME, ADDRESS, AND ZIP CODE
PROPONENT (For the proposal) OPPONENT (Against the proposal)
(Print Name/Address/Zip&Affiliation) (Print Name/Address/Zip&Affiliation)
Name: /(C/4a f L-
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•
120 DAYS = N/A CITY OF TIGARD
• Community(Development
Shaping A Better Community
CITY OF TIGARD
Washington County, Oregon
NOTICE OF FINAL ORDER BY THE TIGARD CITY COUNCIL
Case Number: ZONE ORDINANCE AMENDMENT(ZOA) 2003-00002
Case Name: TEMPORARY A-FRAMES IN RESIDENTIAL ZONES SIGN CODE AMENDMENT
Names of Owners: N/A
Name of Applicant: Heather Adams
Address of Applicant: 12655 SW North Dakota Street Tigard, Oregon 97223
Address of Property: Residential Zones
Tax Map/Lot Nos.: N/A
A FINAL ORDER INCORPORATING THE FACTS, FINDINGS AND CONCLUSIONS APPROVING A REQUEST FOR A ZONE
ORDINANCE AMENDMENT(ORDINANCE NO.04-02).
THE CITY OF TIGARD PLANNING COMMISSION AND CITY COUNCIL HAVE REVIEWED THE APPLICANTS PLANS,
NARRATIVE, MATERIALS, COMMENTS OF REVIEWING AGENCIES, THE PLANNING DIVISION'S STAFF REPORT AND
RECOMMENDATIONS FOR THE APPLICATION DESCRIBED IN FURTHER DETAIL IN THE STAFF REPORT. THE
PLANNING COMMISSION HELD A PUBLIC HEARING TO RECEIVE TESTIMONY ON JANUARY 5 2004 FOR THE PURPOSE
OF MAKING A RECOMMENDATION TO THE CITY COUNCIL ON THE REQUEST. THE CITY COUNCIL ALSO HELD A
PUBLIC HEARING TO RECEIVE TESTIMONY ON JANUARY 27 2004 PRIOR TO MAKING A DECISION ON THE REQUEST.
THIS DECISION HAS BEEN BASED ON THE FACTS, FINDINGS AND CONCLUSIONS CONTAINED WITHIN THIS FINAL
ORDER.
Subject: > A Zone Ordinance Amendment amending the sign regulations to allow temporary A-frame
signs in residential zones without a permit subject to size and placement restrictions, and to
increase the amount of allowed temporary signage to a total of 24 square feet. A-frames may
not exceed six (6) square feet per face, and other allowed temporary signs may not exceed
12 square feet in the R-1, R-2, R-3.5, R-4.5 and R-7 low-density residential zones.
ZONE: Residential Zones. APPLICABLE REVIEW CRITERIA: Statewide Planning Goals 1
and 2; Comprehensive Plan Policies 1 and 2; and Community Development Code Chapters
18.380, 18.390 and 18.780.
Action: > ❑ Approval as Requested ® Approval with Conditions ❑ Denial
Notice: Notice was published in the newspaper, posted at City Hall and mailed to:
Affected Government Agencies ® The Affected Citizen Involvement Team
Final Decision:
THIS IS THE FINAL DECISION BY THE CITY AND BECOMES EFFECTIVE ON FEBRUARY 26, 2004.
The adopted findings of fact, decision and statement of conditions can be obtained from the City of Tigard
Planning Division, Tigard City Hall, 13125 SW Hail Boulevard, Tigard, Oregon.
Appeal: A review of this decision may be obtained by filing a notice of intent with the Oregon Land
Use Board of Appeals (LUBA) according to their procedures.
Questions: If you have any questions, please call the City of Tigard Planning Division or the City
Recorder at (503) 639-4171.
- ' .e- a •
• CITY OF TIGARD,OREGON 110
ORDINANCE NO. 04- 02-
AN ORDINANCE AMENDING THE LANGUAGE OF THE TIGARD COMMUNITY
DEVELOPMENT CODE CHAPTER 18.780 TO ALLOW A-FRAME SIGNS WITHIN RESIDENTIAL
ZONES,SUBJECT TO SIZE AND PLACEMENT LIMITATIONS, AND TO MODIFY THE AMOUNT
OF TEMPORARY SIGNAGE THAT IS ALLOWED.
WHEREAS, the applicant has requested a Zone Ordinance Amendment to amend the language of the
Tigard Community Development Code Chapter 18.780 to allow A-frame signs within residential zones,
subject to size and placement limitations, and modify the amount of temporary signage that is allowed in
low and medium density residential zones; and
WHEREAS, the City of Tigard Planning Commission held a public hearing on January 5, 2004 and by
motion modified the amendment so that the size limitation should be reduced from 6 to 4 square feet per
face, and should be applied to all types of lawn signs,not just A-frames; and
WHEREAS, the City of Tigard Planning Commission voted in favor of the modified amendment on a 4-2
vote with one member abstaining; and
WHEREAS, the City Council held a public hearing on the request on January 27,,2004 and indicated they
were supportive of the proposed development code text change and directed staff to prepare langauge and
an Ordinance for Council review and approval;and
WHEREAS, the City Council determined that the proposed language adequately addressed concerns
regarding protecting the health, safety, and welfare of the Tigard citizens, as well as, the interests of
business in Tigard; and
WHEREAS, the City Council has considered the applicable Statewide Planning Goals and Guidelines
adopted under Oregon Revised Statutes Chapter 197; any federal or state statutes or regulations found
applicable; any applicable Metro regulations; any applicable Comprehensive Plan Policies; and any
applicable provisions of the City's implementing ordinances; and
WHEREAS, the City Council has found the following to be the only applicable review criteria:
Community Development Code Chapters 18.380 and 18.390; Comprehensive Plan Policies 1.1.1 and
2.1.1; and Statewide Planning Goals 1 and 2; and
WHEREAS, the City Council has determined that the proposed zone ordinance amendment is consistent
with the applicable review criteria and that approving the request would be in the best interest of the City
of Tigard.
NOW,THEREFORE,THE CITY OF TIGARD ORDAINS AS FOLLOWS:
ORDINANCE No. 04-02
Page 1
SECTION 1: The specific ext amendements attached as"EXHIBI'P!C 1" to this Ordinance are hereby
adopted and approved by the City Council.
SECTION 2: This ordinance shall be effective 30 days after its passage by the Council, signature by
the Mayor, and posting by the City Recorder.
PASSED: By U fl tort,rdvlutAS vote of all Co cil members present after being read by number
and title only,this oZ 1 N` day of , d , 2004.
atier.1.4. te Ldp
Catherine Wheatley,City Recorder
APPROVED: By Tigard City Council this .Q 7 day of ,2004.
,r2-Z _3
• Craigirksen,Mayor
ove
Ap t d as to form:
I
OrAlitarg111% .0
ity Attorney
//Z77646-
Date
•
•
ORDINANCE No.04- 02-
Page 2
A
1110 •
EXHIBIT A-1: Amendment Language
18.780.015 Definitions
1. "'A'-[beard] frame sign." means any double face temporary rigid sign;
52. .Temporary sign. means any sign, .[A-laeard-frameil banner, lawn sign or
balloon which is not permanently erected or permanently affixed to any sign
structure, sign tower, the ground or a building:
a. Balloon - an inflatable, stationary temporary sign anchored by some means to
a structure or the ground. Includes simple children's balloons, hot and cold air
balloons, blimps and other dirigibles;
b. Banner- a sign made of fabric or other nonrigid material with no enclosing
framework;
c. Lawn Sign-temporary skins placed on private property supported by one
stick, post, rod, or A-frame in or on the ground. A lawn freestanding sign in
residential zones which is exempt from sign permit requirements provided the size
requirements in Subsection 18.780.060[B2-4 can be met. A lawn sign in
commercial or industrial zones is subject to temporary permit requirements
as provided for in Subsection 18.780.100.
18.780.060 Permit Exemptions
A. Exemptions from permit requirements. The following signs and operations
shall not require a sign permit but shall conform to all other applicable regulations
of this chapter and the provisions of Subsection B below:
1. Lawn signs which do not exceed the maximum allowable area on one premise
regardless of the number of signs as follows:
a. A total of{12}24 square feet in ", _._, ' .•_
residential zones.
b. {A total of 24 square feet in the R 12, R 25 and R 40 zones.}A-frame signs
shall be no greater than 6 square feet per face in any residential zone.
Lawn si•ns shall not exceed 12 s•uare feet •er face in the R-1 R-2 R-3.5
R-4.5, and R-7 zones. Lawn signs shall be placed on private property and
not within the public right of way nor shall such signs obstruct the clear
vision area described in Chapter 18.795. A-frame signs are permitted only
between the hours of 8 AM and 6 PM.
2. Signs not oriented or intended to be legible from a right-of-way, other property
or from the air;
18.780.100 Temporary Signs
•
A. Authorization. The Director shall be empowered to authorize temporary signs
not exempted by Section 18.780.060 by means of a Type I procedure, as
governed by Section 18.390, using approval criteria contained in Section 18.385.
The Director shall attach such conditions to the issuance of a permit for a
temporary sign as may be necessary to ensure discontinuance of the use of the
sign in accordance with the terms of the authorization, and to ensure substantial
compliance with the purpose of this title.
B. Expiration.
1. A temporary sign permit shall terminate within 30 days from the date of
issuance; and
2. No permit shall be issued for a period longer than 30 days, but a permit may
be reissued by the Director for two additional permit periods of 30 days each per
calendar year.
C. Types and locations. Types and locations of temporary signs shall be as
follows:
1. The total number of temporary signs issued by permit shall not exceed one
for any use at any one period of time; such signs are not permitted for single-
family and duplex dwellings. Exem•ted lawn si•ns in residential zones are
not governed by this provision;
2. The total area of a temporary sign shall not exceed 24 square feet and no
more than 12 square feet per face; such signs are not permitted for single-family
and duplex dwellings. The permitted area for a banner shall be no more than 24
square feet per face with the total sign area not to exceed 24 square feet;
3. See Subsection 18.780.015 A.52 for the types of temporary signs which may
be approved;
4. Special event banners to be hung across public right-of-ways may be
permitted by the City Manager's designee;
5. A balloon as provided in Subsection 18.780.090 C.
D. Location. The location of a temporary sign requiring a permit shall be as
approved by the Director. Exempted lawn signs shall be placed only on
private property, outside of the public right of way, and may not obstruct
the clear vision area.
E. Attachment. Temporary signs may not be permanently attached to the
ground, buildings or other structures.
Agenda Item: (o•
Hearing Date: April 22,2002 Time: 7:30 PM
STAFF REPORT TO THE
PLANNING COMMISSION h I
CITY OF TIOARD
Community(Development
FOR THE CITY OF TIGARD,OREGON Sfiapingf Better Community
SECTION I. APPLICATION SUMMARY
CASE NAME: CODE AMENDMENT TO ALLOW THE PLACEMENT OF TEMPORARY
A=FRAME SIGNS IN RESIDENTIAL ZONES.
CASE NO.: Zone Ordinance Amendment (ZOA) ZOA2003-00002
PROPOSAL: To amend the Sign requirements within the Tigard Development Code to
allow the placement of temporary A-frame signs in Residential Zones.
These signs would be exempt from permit requirements, but would still be
subject to time, place, and size restrictions.
APPLICANT: Heather Adams OWNER: N/A
12655 SW North Dakota Street
Tigard, OR 97223
ZONE: N/A.
LOCATION: Residential Zones.
APPLICABLE
REVIEW
CRITERIA: Community Development Code Chapters 1 8.380 and 18.390;
Comprehensive Plan Policies 1.1.1, 2.1.1, 2.1.2, and 2.1.3; The Metro
2040 Plan; and Statewide Planning Goals 1 and 2.
SECTION II. STAFF RECOMMENDATION
Staff recommends that the Planning Commission amend the Sign Regulations as proposed
by the applicant, with any alterations as determined through the public hearing process and
make a final recommendation to the Tigard City Council.
ZOA2003-00002 PAGE 1 OF 6
1/05/04 PUBLIC HEARING STAFF REPORT TO PLANNING COMMISSION
.,�� .
•
SECTION III. BACKGROUND INFORMATION
The City's sign ordinance currently prohibits A-Frame signs (signs that fold in the middle,
typically have signage on both faces, and are freestanding in an "A" shape configuration) in
residential zones. City staff has actively enforced this provision, either contacting the sign
owner to alert them that the sign needed to be removed, impounding the sign, or issuing
citations in certain cases where repeat offenses have occurred.
Area real estate agents have commented that the use of A-frame signage to advertise open
houses, and provide directional information is common industry practice. The City allows the
use of"lawn signs", exclusive of A-frame signs in residential zones, although these signs are
limited to a total of 12 square feet in size in some residential zones and 24 square feet in
others, and must be posted on a single stake.
SECTION IV. SUMMARY OF APPLICABLE CRITERIA
Chapter 18.380 states that legislative text amendments shall be undertaken by means
of a Type IV procedure, as governed by Section 18.390.060G.
Chapter 18.390.060G states that the recommendation by the Commission and the
decision by the Council shall be based on consideration of the following factors:
• The Statewide Planning Goals and Guidelines adopted under Oregon Revised
Statutes Chapter 197;
Forty-five day advance notice was provided to DLCD on November 12, 2003, 54 days prior
to the first scheduled public hearing as required. In addition, the Tigard Development Code
and Comprehensive Plan have been acknowledged by DLCD. The following are the
applicable Statewide Planning Goals that are applicable to this proposal:
Statewide Planning Goal 1 — Citizen Involvement:
This goal outlines the citizen involvement requirement for adoption of Comprehensive Plans
and for changes to the Comprehensive Plan and implementing documents. This goal has
been met by complying with the Tigard Development Code notice requirements set forth in
Chapter 18.390. Notice has been published in the Tigard Times Newspaper prior to the
public hearing. As the amendment is a legislative action that will expand the permissible
uses of property (by allowing a sign not presently allowed), no direct notice was required by
Ballot Measure 56. Two Public Hearings are held (one before the Planning Commission and
the second before the City Council) in which public input is welcome. The City CIT members
were also notified of the proposed changes.
Statewide Planning Goal 2 — Land Use Planning:
This goal outlines the land use planning process and policy framework. The Comprehensive
Plan was acknowledged by DLCD as being consistent with the statewide planning goals.
The Development Code implements the Comprehensive Plan. The Development Code
establishes a process for and policies to review changes to the Development Code
consistent with Goal 2. The City's plan provides analysis and policies with which to evaluate
a request for amending the Code consistent with Goal 2.
e Any applicable Metro regulations;
There are no applicable Metro regulations from the Metro Code that affect local sign
regulations.
ZOA2003-00002 PAGE 2 OF 6
1/05/04 PUBLIC HEARING STAFF REPORT TO PLANNING COMMISSION
Applicable Comprehensive Plan Policies:
Comprehensive Plan Policy 1.1.1:
This policy states that all future legislative changes shall be consistent with the Statewide
Planning Goals and the Regional Plan adopted by Metro. As indicated above under the
individual Statewide and Regional Plan goals applicable to this proposed amendment, the
amendment is consistent with the Statewide Goals and the Regional Plan.
Comprehensive Plan Policy 2.1.1:
This policy states that the City shall maintain an ongoing citizen involvement program and
shall assure that citizens will be provided an opportunity to be involved in all phases of the
planning process. This policy is satisfied because notice of the proposed amendment was
mailed to all Citizen Involvement Team (CIT) Members and the amendment was discussed
at a regular monthly Focus on Tigard meeting. In addition, notice was published in the
Tigard Times of the Public Hearing and notice will be published again prior to the City
Council public hearing. Public input has been invited in the notice.
Comprehensive Plan Policy 2.1.2 and 2.1.3:
In pertinent part, this policy states that the Citizen Involvement Team program and the
Citizen Involvement Team Facilitators shall serve as the primary means for citizen
involvement in land use planning. Policy 2.1.3 states that information on land use planning
issues shall be available in understandable form. These policies were satisfied because
notice of the proposed amendment was mailed to all Citizen Involvement Team (CIT)
Members and the amendment was discussed at a regular monthly CIT meeting. The written
notices were written in plain understandable form, and included phone numbers and a
contact person for anyone who may have questions.
Any applicable provision of the City's implementing ordinances.
Code Section 18.380:
This section regulates amendments. It outlines the process for reviewing Development Code
Text Amendments. The present amendment will be reviewed under the Type IV legislative
procedure as set forth in the chapter.
Code Section 18.390:
This chapter establishes standard decision-making procedures for reviewing applications.
The amendment under consideration will be reviewed under the Type IV legislative
procedure as detailed in the chapter.
Code Section 18.780:
This chapter establishes procedures and criteria for erecting signage within the City. The
purpose of the sign regulations is:
1. To protect the health, safety, property and welfare of the public;
2. To promote the neat, clean, orderly and attractive appearance of the community;
3. To accommodate the need of sign users while avoiding nuisances to nearby properties;
4. To insure for safe construction, location, erection and maintenance of signs;
5. To prevent proliferation of signs and sign clutter; and
6. To minimize distractions for motorists on public highways and streets.
ZOA2003-00002 PAGE 3 OF 6
1/05/04 PUBLIC HEARING STAFF REPORT TO PLANNING COMMISSION
• •
The proposed amendment includes provisions to ensure the continued protection of the
public welfare and safety, limits the amount and duration of signage to reduce sign clutter
and maintain an attractive appearance to the community, accommodates the need of sign
users while avoiding nuisances by limiting signage to private property, insures the safe
location of signs by requiring they be placed outside vision clearance areas, and minimizes
the distractions to motorists by continuing to prohibit 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.
Presently the code does not allow A-frames in residential zones. A-frames (presently termed
A-board frame signs) are defined as a type of temporary sign:
Temporary sign. means any sign, A-board frame, banner, lawn sign or balloon
which is not permanently erected or permanently affixed to any sign
structure, sign tower, the ground or a building (TDC18.780.015.52.).
Temporary Signs, as defined above, are not allowed for single family and duplex buildings:
Types and locations of temporary signs shall be as follows:
1. The total number of temporary signs shall not exceed one for any use at any
one period of time; such signs are not permitted for single-family and
duplex dwellings;
2. The total area of a temporary sign shall not exceed 24 square feet and no
more than 12 square feet per face; such signs are not permitted for single-
family and duplex dwellings. The permitted area for a banner shall be no
more than 24 square feet per face with the total sign area not to exceed 24
square feet;(TDC18.780.100.C)
However, there are allowances for exempting lawn signs:
Exemptions from permit requirements. The following signs and operations shall
not require a sign permit but shall conform to all other applicable regulations of
this chapter and the provisions of Subsection B below:
1. Lawn signs which do not exceed the maximum allowable area on one
premise regardless of the number of signs as follows:
a. A total of 12 square feet in the R-1, R-2, R-3.5, R-4.5 and R-7 zones;
b. A total of 24 square feet in the R-12, R-25 and R-40 zones. (TDC 18.780.060)
But these exemptions currently do not provide for A-frame signs. The proposed code
amendments modify the language in the aforementioned sections so that A-frames are
considered a type of lawn sign, exempt from permit requirements but still subject to time,
size, and location restrictions.
Section 18.780.015 (52) is modified such that A-frames are classified as a type of lawn sign.
Section 18.780.060 is changed to eliminate the distinction of allowed temporary sign sizes
between low/medium density and medium/high density residential zones, so that all
residential zoned properties may display a maximum of 24 square feet of signage. In
addition a small extra sign is permissible to account for attachments to standard real estate
lawn signs such as the realtor's name, a special home feature, or agent's phone number. To
avoid the potential for very large A-frame signs (e.g. 4'x3' per side), a provision limiting these
signs to 6 square feet per face (e.g. 2'X3') is proposed.
ZOA2003-00002 PAGE 4 OF 6
1/05/04 PUBLIC HEARING STAFF REPORT TO PLANNING COMMISSION
1110 •
Section 18.780.100 includes additional language provisions to clarify that lawn signs which
are exempt from temporary permit requirements are not governed by the provisions affecting
temporary signs that require permits. Also this section restates that lawn signs must be
placed on private property, outside the right of way, and may not obstruct the vision
clearance area.
SECTION V. STAFF ANALYSIS
Restrictions on signage, especially within the residential zones, are an important aspect of
promoting the peaceful enjoyment of a neighborhood. However, identification of properties
that are for sale is also an important function to enable homeowners to effectively market
their property, and provide prospective purchasers a way to locate open houses. The City
needs to balance these competing purposes, and may do so through restrictions on place,
time, and manner. The City may not regulate based on the content or intended message of
the signs, so whatever restrictions or allowances are granted, they shall be content neutral.
Staff met with the applicant during a pre-application conference on October 14, 2003 to
discuss these issues and discuss possible changes to the code. The proposed code
revisions address the applicant's concerns by classifying A-frame signs as a type of lawn
sign, allowable in residential zones exempt from permit requirements. To ensure the public
welfare and safety is protected, limitations on the size (6 square feet per face), placement
(on private property outside the vision clearance area), and duration (permissible only
between 8AM And 6PM) of these signs were also included in the proposed amendments, as
shown in Exhibit A, attached.
While the proposed amendments have been proposed by the applicant to address needs of
the realty companies, the City should consider other possible uses for these allowed signs
including:
o Garage Sales
s Estate Sales
• Political Campaigns
s Off-site Commercial Advertising
A General Advertising (e.g. "weight loss", "work from home", "got garbage?")
Staff believes that the proposed amendment strikes the best balance of restriction while still
allowing for real estate promotion. General and off site advertising is limited in time (signs
are only permitted between the hours of 8AM and 6PM) and location (signs must be placed
on private property, which would require consent of the property owner). Staff does not
foresee a problem associated with garage and estate sale signs as these are for such limited
duration (usually one weekend). Political signs are likewise restricted; however, it is more
conceivable that property owners would allow such signage on their property and would take
the signs in at night. A-frame signs are also not the traditional form for political signage,
however, there is nothing provided in these amendments that would prevent such a sign.
One additional issue to be aware of is that amendments to the Tigard city code do not apply
to the unincorporated area of Bull Mountain until Washington County formally adopts these
changes into the Intergovernmental Agreement. This will need to occur through a separate
process under the direction of Washington County. For continuity and enforcement issues,
the Planning Commission may wish to recommend that Council adopt a provision that any
change to the code go into effect upon Washington County's enactment of the amendment.
SECTION VI. OTHER ALTERNATIVES
No Action - The sign code would remain unchanged, and A-frame signage would continue to
ZOA2003-00002 PAGE 5 OF 6
1/05/04 PUBLIC HEARING STAFF REPORT TO PLANNING COMMISSION
•
be prohibited in residential zones.
Expanded Action —Allow additional forms or size of signage, or extend their duration limits.
Alternate Action — Impose requirements for permitting A-Frames, or add additional limitations
(size, location, duration, etc.) on these types of signs.
SECTION VII. ADDITIONAL CITY STAFF & OUTSIDE AGENCY COMMENTS
The City of Tigard Forester, Police Department, Building Division, Water Department,
Long Range Planning Division, and Tualatin Valley Fire and Rescue have all reviewed
the proposal and have no objections to it.
The City of Tigard Engineering Department, Tualatin Valley Water District, Clean Water
Services, Metro, Oregon Department of Land Conservation and Development, Oregon
Department of Transportation, Washington County Department of Land Use and
Transportation, and all four Citizen Involvement Teams were notified of the proposed
amendment and did not respond.
ATTACHMENT:
Exhibit A— Proposed Development Code Text Changes
December 17, 2003
P EPA D BY:MORG N TRACY DATE
Associate Planner
iAP 410.- V% December 17, 2003
APPROV`. : ' :D CK BEWERSD1FF DATE
Planning Manag:
ZOA2003-00002 PAGE 6 OF 6
1/05/04 PUBLIC HEARING STAFF REPORT TO PLANNING COMMISSION
a
10/24/2003 17:08 FAX V1002/003
/24/2009 18:29 FAX 5035981980 ® CITY OF TIGARD ®001
.. RECEIVED
- CITY OF TIGARD PI f -••-w..
13125 SW HALL BOULEVAR OCT 27 2003
A- ; 503:639..4.171/ •••• '
1�1 Ii, CITY OF
CITY OF TIGARD PI. NING/ENGINEERING ,
OREGON LAN USE PERMIT•APPLICATION
File#. /.04 -to o3-ocvoz.I Other Case# cL t 3.00 o 8 r
r Date UM= By MAE Receipt# 'I'22O)` m •City Urb Fl Date Complete
I
TYPE OF PERMIT YOU ARE APPLYING FOR
❑Adjustment/Variance(I or II) ® Minor Land Partition(II) ❑Zone Change (III)
❑Comprehensive Plan Amendment(IV) ❑ Planned Development(III) ❑Zone Change Annexation (IV)
❑Conditional Use(III) ❑Sensitive Lands Review(I, 11 or ill) Zone Ordinance Amendment(IV) '
❑ Historic Overlay(II or III) ❑Site Development Review(U)
❑Home Occupation(II) ❑Subdivision (II or III)
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*When the owner and the applicant are different people, the applicant must be Ftla purchaser of record or a lessee in
possession with written authorization from the owner or an agent of the owner. The ners must sign this application in the
s ace provided on the beck of tfiis form or submit a written authorization with this application.
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APPLICATIONS WILL ligi BE CCE ED WITHOUT AL OF THE REQUIRED SUBMITTAir ELEMENTS As
iDESCRIBED IN THE"BASIC SUBMITTAL REQUIREMENTS"INFORMATION SHEET.
.
rr. •
PROPOSED CODE AMENDMENT LANGUAGE -- 10/24/03
18.780.015 Definitions
1. "'A'-{beard] frame sign." means any double face temporary rigid sign;
52. Temporary sign means any sign, .[A board frame,] banner, lawn sign or
balloon which is not permanently erected or permanently affixed to any sign
structure, sign tower, the ground or a building:
a. Balloon - an inflatable, stationary temporary sign anchored by some means to
a structure or the ground. Includes simple children's balloons, hot and cold air
balloons, blimps and other dirigibles;
b. Banner- a sign made of fabric or other non-rigid material with no enclosing
framework;
c. Lawn Sign - a freestanding sign in residential zones which is exempt from sign
permit requirements provided the size requirements in Subsection 18.780.060
[B2.] can be met. Lawn signs are temporary signs placed on private property
su• •orted b one stick •ost rod or A-frame in or on the •round.
18.780.060 Permit Exemptions
A. Exemptions from permit requirements. The following signs and operations
shall not require a sign permit but shall conform to all other applicable regulations
of this chapter and the provisions of Subsection B below:
1. Lawn signs which do not exceed the maximum allowable area on one premise
regardless of the number of signs as follows:
a. A total of[12] 24 square feet in the [R-1, R-2, R-3.5, R-4.5, and R-7]
residential zones plus one sign not to exceed 4 inches by 24 inches may
additionally be attached to a lawn sign;
b. A . . - - . . . - -- • -- • - - -•: - • ! - A frame signs
no •reater than 6 s•uare feet •er face in an of the above residential zones
provided they are placed on private property and not within the public right
of way or obstruct the clear vision area described in Chapter 18.795. Said
A-frame signs are permitted only between the hours of 8 AM and 6 PM.
2. Signs not oriented or intended to be legible from a right-of-way, other property
or from the air;
18.780.100 Temporary Signs
A. Authorization. The Director shall be empowered to authorize temporary signs
not exempted by Section 18.780.060 by means of a Type I procedure, as
i
governed by Section 18.390, using approval criteria contained in Section 18.385.
The Director shall attach such conditions to the issuance of a permit for a
temporary sign as may be necessary to ensure discontinuance of the use of the
sign in accordance with the terms of the authorization, and to ensure substantial
compliance with the purpose of this title.
B. Expiration.
1. A temporary sign permit shall terminate within 30 days from the date of
issuance; and
2. No permit shall be issued for a period longer than 30 days, but a permit may
be reissued by the Director for two additional permit periods of 30 days each per
calendar year.
C. Types and locations. Types and locations of temporary signs shall be as
follows:
1. The total number of temporary signs issued by permit shall not exceed one
for any use at any one period of time; such signs are not permitted for single-
family and duplex dwellings. Exempted lawn signs in residential zones are
not governed by this provision;
2. The total area of a temporary sign shall not exceed 24 square feet and no
more than 12 square feet per face; such signs are not permitted for single-family
and duplex dwellings. The permitted area for a banner shall be no more than 24
square feet per face with the total sign area not to exceed 24 square feet;
3..See Subsection 18.780.015 A.52 for the types of temporary signs which may
be approved;
4. Special event banners to be hung across public right-of-ways may be
permitted by the City Manager's designee;
5. A balloon as provided in Subsection 18.780,090 C.
D. Location. The location of a temporary sign requiring a permit shall be as
approved by the Director. Exempted lawn signs shall be placed only on
•rivate •ro sett outside of the •ublic ri•ht of wa and ma not obstruct
the clear vision area.
E. Attachment. Temporary signs may not be permanently attached to the
ground, buildings or other structures.
4110 •
COMMUNITY NEWSPAPERS
Legal
P.O. BOX 370 PHONE (503)684-0360 Notice TT 10 339
BEAVERTON, OREGON 97075
Legal Notice Advertising
'City of Tigard • ❑ Tearsheet Notice
13125 SW Hall Blvd.
•rigard,Oregon 97223 • ❑ Duplicate Affidavit
Accounts Payable
• •
AFFIDAVIT OF PUBLICATION
STATE OF OREGON,
)
COUNTY OF WASHINGTON, )§S'
I, Kathy Snyder
being first duly sworn, depose and say that I am the Advertising
Director, or his principal clerk, of th6L'1 gard-Tua lat.-i n Ti,mes
a newspaper of general circulation as defined in ORS 193.010
and 193.020; published at Tigard in the
aforesaid county and state; that the Zone Ordinance Amendment
Rillhoards & Signs Cnde Amendment
a printed copy of which is hereto annexed, was published in the
entire issue of said newspaper for ONE successive and
consecutive in the following issues:
December 18 , 2003
Kc., J r 4041
Subscribed and sworn to .. e me this 1 8t'n day of December,2003
la/0U 61. �ftrt., OFFICIAL SEAL
ter• ROBIN A BURGESS
otary Public for Oregon I , NOTARY PUBLIC-OREGON
+� +� COMMISSION NO.344589
My Commission Expires: MY COMMISSION EXPIRES MAY 16,2005
AFFIDAVIT
The folloviing will be cqnsidered 'by the Tigard Pinning
Commission on Monday January"5,2004 at 1:00 PM and by'the
'Tigard City Council on Tuesday January 13,2004 at 7:30 PM.at
the Tigard Civic Center-Town Hall, 13125 SW Hall Blvd.,Tigard,
Oregon.
Public oral or written testimony is invited. The public hearing on this
matter will be held under Title 18 and rules of procedure adopted'by
the Council and'available at City Hall or the rules of.procedure pt
forth in Section 18.390.06011. The Planning Commission's revi'e,c '
for the purpose of making a recommendation to the City Council',oii
the request.' The Council will then hold a public hearing onnthe
'request prior to making a decision.
Further information may be obtained from the City of Tigard
Planning Division at 13125 SW Hall Blvd.,Tigard;Oregon 9722 :oar
by calling 503=639-4171.
PUBLIC HEARING ITEM:
ZONE ORDINANCE AMENDMENT(ZOA)2003-00003"%1
® BILLBOARDS&FREESTANDING FREEWAY *,.:^
ORIENTED SIGNS CODE AMENDMENT -55
REQUEST: To review and amend the,Tigard Sign Cade.C14. -
18.780 to clarify language regarding`Billboards"and"Freesta
Freeway Oriented, Signs," and to amend the language of Sep. ;w
18.230.030 to make the;definition of"Responsible Party"consi: .t
with Tigard Municipal Code Section 18.740.020(A)( u.
LOCATION: 'Citywide. ZONE: N/A. APPLICABLE RE '. a
CRITERIA: Statewide Planning Goals 1 and 2; Comprehe,,.•.
Plan Polibies 1 and 2;and Community Development Code Cha
18.230, 18:380, 18:390 and 18.780.' -
TT 10339—Publish December 18,2003. '
1
•
TIGARD
1110
PLANNING COMMISSION !'■•
CITY OF TIGARD
OREGON
NOTICE: PEOPLE WISHING TO SPEAK ON ANY ITEM MUST PRINT THEIR NAME AND ADDRESS
ON THIS SHEET.
AGENDA ITEM#: , ,Z. Page 1 of DATE OF HEARING: / I 5-/ 0 '-7
CASE NUMBER(S): I .Z OR yam,3 - 0 6 U b 3
Si�, _ de , , • /n f - '-I'/1 htrt rd_s e _
LOCATION:
i' wi CI e .
PLEASE PRINT YOUR NAME, ADDRESS, AND ZIP CODE
PROPONENT (For the proposal) ' A NENT (Against the proposal)
(Print Name/Address/Zip&Affiliation) .� (Print Name/Address/Zip&Affiliation)
Name: �'< j _�� I'< c? '� ame:
Address: -.1'� "5"," 0---t/l° ■ A ?'dress:
Ci '111 ®11r1111 . : State: Zi':
Name: L/, 1 0 I ' Name:
Address: , 11,11,11k .i,/�/ t // _.ddress:
'Pr
Ci IffilliWILYMIL Z4 City: State: Zip:
t - '
Name: "'_".�� Na e: j rn
Address: Addres§: �a►� �...�.�•�1 �
City: State: Zip: Ci � ► II j-
p \ II Name: +'--.,.. 2' 01, / Name:
Address: Address:
City: State: Zip: City: State: Zip:
Name: 1 g 1 LC, 6 euvAt Name:
Address: '► 5 Lk b-e-e/flAA, i■* , A,'Address:
Ci : A■ k LA._A 1-2_3 City: State: Zip:
. S
CITY OF TIGARD,OREGON
• ORDINANCE NO. 04- 03
AN ORDINANCE AMENDING THE LANGUAGE OF THE TIGARD COMMUNITY
DEVELOPMENT CODE CHAPTER 18.230 SECTION 030(D) TO MAKE THE DEFINITION OF
"RESPONSIBLE PARTY" CONSISTENT WITH THE TIGARD MUNICIPAL CODE,AND CHAPTER
18.780 TO CLARIFY LANGUAGE THAT SERVES TO PROHIBIT `BILLBOARDS" WITHIN THE
TIGARD CITY LIMITS AND TO DECLARE AN EMERGENCY.
WHEREAS, the City of Tigard has requested a Zone Ordinance Amendment to amend the language of the
Tigard Community Development Code Chapter 18.230, Section 030(D) to make the definition of
"responsible party" consistent with the Tigard Municipal Code, and Chapter 18.780 to clarify language that
serves to prohibit"billboards"within the Tigard City limits;and
WHEREAS, the City of Tigard Planning Commission held a public hearing on January 5, 2004 and
unanimously recommended approval of the proposed amendment by motion; and
WHEREAS, the City Council held a public hearing on the request on January 27, 2004 and indicated they
were supportive of the proposed zone change and directed staff to prepare langauge and an Ordinance for
Council review and approval; and
WHEREAS, the City Council determined that signs that exceed the minimum dimensional requirements of
"Free-way oriented freestanding" signs create visual clutter that is potentially harmful to traffic and
pedestrian safety, property values, business opportunities and the community's appearance. The City
Council determines that it is appropriate that the City Council make a finding and declaration that this
Ordinance is necessary for the protection and preservation of public health, public safety, public property,
and public peace and welfare, and that this Ordinance should be in full force and effect immediately on its
adoption;and
WHEREAS, the City Council has considered the applicable Statewide Planning Goals and Guidelines
adopted under.Oregon Revised Statutes Chapter 197; any federal or state statutes or regulations found
applicable; any applicable Metro regulations; any applicable Comprehensive Plan Policies; and any
applicable provisions of the City's implementing ordinances; and
WHEREAS, the City Council has found the following to be the only applicable review criteria:
Community Development Code Chapters 18.380 and 18.390; Comprehensive Plan Policies 1.1.1 and
2.1.1; and Statewide Planning Goals 1 and 2; and
WHEREAS, the City Council has determined that the proposed zone ordinance amendment is consistent
with the applicable review criteria and that approving the request would be in the best interest of the City
of Tigard.
NOW,THEREFORE,THE CITY OF TIGARD ORDAINS AS FOLLOWS:
•
04—
ORDINANCE No. 02, D 3
Page 1
.
SECTION 1: The specific text amendements attached as"EXHIBIT-1" to this Ordinance are hereby
adopted and approved by the City Council.
SECTION 2: An emergency is declared to protect the health, safety, and welfare of the Citizens of
Tigard. This ordinance shall be effective immediately after its passage by the Council,
signature by the Mayor,and posting by the City Recorder.
PASSED: By t.A avYtnrArjt S vote of all Co cil members present after being read by number
and title only,this a/4.4-' day of , 2004.
007U4e/t.ihi
Catherine Wheatley,City Recorder
U
Y tY r
APPROVED: By Tigard City Council this )7 day of .4 .A♦ ,2004.
/
/ —
CraigDirksen,Mayor
Approved as to form:
igkr Attorney
I l � 7 t' it
d
Date
•
04-
ORDINANCE No. ,03
•
Page 2
• •
"EXHIBIT A-1 „
PROPOSED CHANGES
ADDITIONS: Indicated by.UP1DE 1if
DELETIONS: Indicated by STRIKE—THROUGH
UGH
(Additionally,a bar in the far right margin also indicates where a change has been made. Example:-+ I ) .
I
•
Chapter 18.230
•
ENFORCEMENT
Sections:
18.230.010 Provisions of this Title Declared to be Minimum Requirements
18.230.020 Violation of Title Prohibited
18.230.030 Penalty
18.230.040 Complaints Regarding Violations
18.230.050 Inspection and Right of Entry
18.230.060 Abatement of Violations
18.230.070 Stop-Order Hearing
18.230.010 Provisions of this Title Declared to be Minimum Requirements
A. Minimum requirements intended. In their interpretation and application, the provisions of this title
shall be held to be minimum requirements, adopted for the protection of the public health, safety, and
general welfare.
B. Most restrictive requirements apply.When the requirements of this title vary from other provisions of
this title or with other applicable standards, the most restrictive or that imposing the highest standard
shall govern.
18.230.020 Violation of Title Prohibited
A. Violation of title prohibited. No person shall erect, construct, alter, maintain or use any building or
structure or shall use,divide or transfer any land in violation of this title or any amendment thereto.
18.230.030 Penalty
A. Class 1 penalty. A violation of this title shall constitute a Class 1 civil infraction which shall be
processed according to the procedures established in Chapter 1.16 of this code, Civil Infractions.
B. Each violation a separate infraction. Each violation of a separate provision of this title shall constitute
a separate infraction, and each day that a violation of this title is committed or permitted to continue
shall constitute a separate infraction.
C. Abatement of violation required. A finding of a violation of this title shall not relieve the responsible
party of the duty to abate the violation. The penalties imposed by this section are in addition to and
not in lieu of any remedies available to the City.
D. .. :. ;. - :. . the officer or
. . ::-• . - 6 . -- . . . . . . . . •-• - •• d-by
this-seetionT"Responsible party" means the person responsible for curing or remedying a violation,
which includes:
1. The owner of the property, or the owner's manager or agent or other person in control of the
property on behalf of the owner;
2. The person occupying the property, including bailee, lessee, tenant or other person having S
possession;
Enforcement 18.230-1 11/26/98
411
• 3. The person who is alleged to have committed the acts or omissions, created or allowed the
condition to exist,or placed the object or allowed the object to exist on the property.
18.230.040 Complaints Regarding Violations
A. Filing written complaint. Whenever a violation of this title occurs, or is alleged to have occurred, any
person may file a signed,written complaint.
B. File complaint with Director. Such complaints,stating fully the causes and basis thereof, shall be filed
with the Director. The Director shall properly record such complaints, investigate and take action
thereon as provided by this title.
18.230.050 Inspection and Right of Entry
A. Right of entry. Whenever the Director has reasonable cause to suspect a violation of any provision of
this chapter exists or when necessary to investigate an application for or revocation of any approval
under any of the procedures described in this title, the Director may enter on any site or into any
structure for the purpose of investigation, provided that no premises shall be entered without first
attempting to obtain the consent of the owner or person in control of the premises if other than the
owner.
B. Search warrant. If consent cannot be obtained, the Director shall secure a search warrant from the
City's municipal court before further attempts to gain entry, and shall have recourse to every other
remedy provided by law to secure entry.
18.230.060 Abatement of Violations
A. Abatement of violations. Any development or use which occurs contrary to the provisions of this title
or contrary to any permit or approval issued or granted under this title is unlawful, and may be abated
by appropriate proceedings.
18.230.070 Stop-Order Hearing
A. Stop order issued. Whenever any work is being done in violation of the provisions of the Code or a
condition of any permit or other approval granted pursuant hereto, the Director may order the work
stopped by notice in writing served on persons engaged in doing such work or causing such work to
be done. All work under the permit or approval shall cease until it is authorized to continue.
B. Stop-order hearing. The Director shall schedule a hearing if requested on the stop order for the
soonest practicable date, but not more than seven (7) days after the effectiveness of any required
notice. At the discretion of the Director, such hearing may be:
1. Part of a hearing on revocation of the underlying permit or approval pursuant to Section
18.390.050;or
2. Solely to determine whether a violation has occurred. The Hearings Officer shall hold this
hearing and shall make written findings as to the violation within seven (7)days. Upon a finding
of no violation, the Hearings Officer shall require the issuance of a resume work order. Upon
finding a violation, the stop-order shall continue to be effective until the violating party furnishes
Enforcement 18.230-2 11/26/98
•
•
Chapter 18.780
•
SIGNS
Sections:
18.780.010 Purpose
18.780.012 Effective Date of this Chapter
18.780.015 Definitions
18.780.020 Permits Required
18.780.030 Permit Approval Process
18.780.040 Expiration of Approval: Standards for Extension of Time
18.780.050 Inspections
18.780.060 Permit Exemptions
18.780.070 Certain Signs Prohibited
18.780.080 Sign Illumination
18.780.085 Sign Measurement
18.780.090 Special Condition Signs
18.780.100 Temporary Signs
18.780.110 Nonconforming Signs
18.780.120 Sign Removal Provisions: Nonconforming and Abandoned Signs
18.780.130 Zoning District Regulations
18.780.140 Sign Code Adjustments
18.780.010 Purpose
A. General purposes. The purposes of this chapter are: 410
1. To protect the health, safety,property and welfare of the public;
2. To promote the neat,clean,orderly and attractive appearance of the community;
3. To accommodate the need of sign users while avoiding nuisances to nearby properties;
4. To insure for safe construction,location,erection and maintenance of signs;
5. To prevent proliferation of signs and sign clutter;and
6. To minimize distractions for motorists on public highways and streets.
7. To regulate solely on the basis of time,place and manner of a sign,not on its content.
B. Sign quality. In addition, it is the purpose of this chapter 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.
C. Compliance with other laws and regulations. It is not the purpose of this chapter to permit the
erection or maintenance of any sign at any place or in any manner unlawful under any other
ordinance,or state or federal law.
D.0- - • --- . - • - - -- - -- _ 11
. . . - - , e . :4-cr377.
Signs 18.780-1 SE Update: 03/02
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Signs 18.780-2 SE Update: 03/02
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18.780.012 Effective Date of this Chapter •
•
A. Effective date. All references made in this chapter to the effective date of this chapter shall mean
November 9, 1983, unless otherwise specifically stated in an ordinance revision.
18.780.015 Definitions
A. Definitions. As used in this title, unless the context requires otherwise, the following words and
phrases shall have the meanings set forth in this chapter. The definitions to be used in this chapter
are in addition to Chapter 18.110,Definitions, and are as follows:
1. " `A'board sign"means any double face temporary rigid sign;
2. "Abandoned sign" means a structure not containing a sign for 90 continuous days or a sign not in
use for 90 continuous days;
3. "Area"-see Section 18.780.085 for definition of sign area;
4. "Awning sign"means a wall sign incorporated into or attached to an awning;
5. "Balloon"-see"Temporary sign";
6. "Banner"- see"Temporary sign";
7. "Bench sign"means a bench designed to seat people which carries a written or graphic message;
8. `Billboard"means a . .... . : •.• • , • • -; a freestanding sign in excess of
the maximum size allowed, with adjustments, in the locations where it is located
or proposed to be located. ••
9. "Billboard structure"means the strut;-.• : - } -- - .; a;•
9. 10.-"Building official" means officer or designee of the City empowered to enforce the
Uniform Building Code;
10. 11. "Business" means all of the activities carried on by the same legal entity on the same
premises and includes charitable, fraternal,religious, educational or social organizations. "Legal
entity" includes, but is not limited to, individual proprietorships, partnerships, corporations,
nonprofit corporations,associations or joint stock companies;
11. .-"Construct" means every type of display in the form of letters, figures, characters and/or
representations;
12. 13. "Cutout" means every type of display in the form of letters, figures, characters and/or
representations in cutout or irregular form attached to or superimposed upon a sign;
13. -1-4 "Development review" means the site development review process set forth in Chapters
18.360;
Signs 18.780-3 SE Update: 03/02
•
• •
14. -1-3-"Directional sign" means a permanent sign which is designed and erected solely for the I
purpose of traffic or pedestrian direction and placed on the property to which the public is
directed;
15. -16-"Display surface" means the area made available by the sign structure for the purpose of I
displaying the advertising or identification message;
16. 17. "Electrical sign"means any sign utilizing electrical wiring;
17. 18. "Electronic information sign" means signs, displays, devices or portions thereof with lighted
messages that change at intermittent intervals, each lasting more than two seconds,by electronic
process or remote control. Electronic information signs are not identified as rotating,revolving or
moving signs. Also known as an automatic changeable copy sign or electronic variable message
center;
18. 4-9."Face of a building" means all windows and wall areas of a building in one or more parallel I
planes;
19. 20. "Flashing sign"means any sign which is illuminated by an intermittent or sequential flashing I
light source whose interval is two seconds or less in duration, 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;
20. 21. "Flush pitched roof sign" means a sign attached to a mansard or similar type of vertically I
110 aligned roof;
21. 22. "Freestanding sign"means a sign erected and mounted on a freestanding frame,mast or pole I
and not attached to any building;
22. 23. "Freeway interchange"means any intersection of an exit off-ramp of Interstate Highway 5 or I
State Highway 217 with a surface street;
23. 24."Freeway-oriented sign" means a sign primarily designed to be read by a motorist traveling I
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
Highway 99W;
24. 25. "Frontage"means the length of the property line of any one premises along a public roadway; I
25. 26. "Housing complex"means a grouping of one or more single-family attached residential units I
or one or more multi-family residential units;
26. 27. "Immediate or serious danger"means:
a. Whenever any portion of the structure is damaged by fire, earthquake, wind, flood or other
causes,and any member or appurtenance is likely to fail,become detached or dislodged, or to
collapse and thereby injure persons or damage property;
• b. Whenever any portion of the structure is not of sufficient strength or stability or is not so
anchored, attached or fastened in place as to be capable of resisting a wind pressure of one-
half of that specified in the Uniform Building Code for this type structure or similar structure,
Signs 18.780-4 SE Update: 03/02
3
and will not exceed the working stresses permitted in the Uniform Building Code for such
•
structures;and
c. Whenever the location of the sign structure obstructs the view of motorists traveling on the
public streets or private property, and thus causes damage to property or thereby injures
persons.
27. 28. "Industrial Park" means a parcel of land which complies with the requirements set forth in
Chapter 18.530;
28. 29. "Lawn sign"-see"Temporary sign";
29. 30. "Lighting methods"means:
a. Direct-exposed lighting or neon tubes on the sign face;
b. Flashing-lights which blink on and off randomly or in sequence;
c. Indirect or External - the light source is separate from the sign face or cabinet and is directed
so as to shine on the sign; and
d. Internal-the light source is concealed within the sign.
30. 3 -"Maintenance" means normal care needed to keep a sign functional such as cleaning, oiling,
changing and repair of light bulbs and sign faces. Does not include structural alteration;
410
31_. 32. "Nonconforming sign" means a sign or sign structure lawfully erected and properly
maintained that would not be allowed under the sign regulations presently applicable to the site;
32. 33. "Non-structural trim" means the moldings, battens, caps, nailing strips and latticing, letters
and walkways which are attached to a sign structure;
33. 34—"Painted wall decorations"means displays painted directly on a wall, designed and intended
as a decorative or ornamental feature. Decorations may also include lighting;
34. 35—"Painted wall highlights" means painted areas which highlight a building's architectural or
structural features;
35. 36. "Painted wall sign" means a sign applied to a building wall with paint and which has no sign
structure;
36. 37. "Person" means individuals, corporations, associations, firms, partnerships and joint stock
companies;
37. 38-"Premises" means one or more lots on which are constructed or on which are to be
constructed a building or a group of buildings designed as a unit;
38. 39-"Projecting sign"means a sign attached to a building other than a wall sign in which the sign
face is not parallel to the wall. Such sign shall not project above the wall of the building to which
•
it is attached, except where there is an existing parapet;
Signs 18.780-5 SE Update: 03/02
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• 39. 40-"Projection"means the distance by which a projecting sign extends from a building;
40. 42-.—"Reader-board sign" means any sign with changeable copy or a message, except electronic
information signs;
41. 43—"Roof line" means the top edge of a roof or building parapet, whichever is higher, excluding
any cupolas,chimneys or other minor projections;
42. 44-"Roof sign" means a sign erected fully upon or directly above a roof line or parapet of a
building or structure. Exceptions: include approved temporary balloons, signs attached to
existing architectural features and flush mounted"roof'signs;
43. 45—"Rotating, revolving or moving sign" means any sign, or portion of a sign, which moves in
any manner;
44. 46. "Shopping center"means developments of not less than eight business units;
45. 47. "Shopping plaza"means developments of between two and seven business units;
46. 48—"Sign"means materials placed or constructed primarily to convey a message or other display
and which can be viewed from a right-of-way,another property or from the air;
47. 49-"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;
48. 50. "Structural alteration" means modification of the size, shape or height of a sign structure.
Also includes replacement of sign structure materials with other than comparable materials, for
example metal parts replacing wood parts;
49. 54--"Surface street"means a street which does not have limited access and which is not a freeway
or expressway;
50. 52. "Temporary sign" means any sign, "A"board frame, banner, lawn sign or balloon which is
not permanently erected or permanently affixed to any sign structure, sign tower, the ground or a
building:
• a. Balloon - an inflatable, stationary temporary sign anchored by some means to a structure or
the ground. Includes simple children's balloons, hot and cold air balloons, blimps and other
dirigibles;
b. Banner-a sign made of fabric or other nonrigid material with no enclosing framework;
c. Lawn Sign - a freestanding sign in residential zones which is exempt from sign permit
requirements provided the size requirements in Subsection 18.780.060 B2. can be met.
• 51. 3-3—"Tenant Sign"means a sign placed in control of a current tenant or property owner;
Signs 18.780-6 SE Update: 03/02
•
52. 347-."Uniform Building Code" means the most recent structural and specialty Oregon Uniform
Building,Code as adopted by the Oregon Department of Commerce, and which Uniform Building ,P
Code, by this reference, is incorporated in this title to the extent of specific citations thereof in
this title;
53. 33-"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.
•
B. General rule. For the purpose of this chapter, 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."
18.780.020 Permits Required
A. Compliance with regulations. No sign or sign structure shall hereafter be erected, re-erected,
constructed,structurally altered or relocated within the City limits except as provided by this title,and
a permit for the same sign or sign structure has been issued by the Director.
B. Separate permits for each sign. A separate permit shall be required for each sign or signs for each
business entity and a separate permit shall be required for each group of signs on a single supporting
structure.
C. Compliance with UBC. Separate structural permits under the Uniform Building Code shall also
apply.
D. Electrical permit required. An electrical permit shall be obtained for all illuminated signs, from the
enforcing agency subject to the provisions of the State Electrical Code.
E. Retroactive sign permits. The Director may require application for sign permits for all signage at a
given address if no existing permits previously had been approved or documented.
18.780.030 Permit Approval Process
A. Permits for existing signs. Permits for modification of existing signs, or to legalize signs for which a
permit was not obtained when it was constructed, will be processed by means of a Type I procedure,
as governed by Section 18.390.030,using the requirements of this chapter as approval criteria.
B. Permits for new signs. Permits for new signs will be processed by means of a Type I procedure, as
governed by Section 18.390.030,using the requirements of this chapter as approval criteria.
C. Site plan. The applicant shall submit a proposed sign site plan. The Director shall provide the
rd applicant with detailed information about this submission requirement.
J 18.780.040 Expiration of Approval: Standards for Extension of Time
A. Expiration of approval. Sign permit approval shall be effective for a period of 90 days from the date
of approval.
B. Reasons for lapsing.The sign permit approval shall lapse if:
41/
1. Substantial construction of the approved plan has not begun within the 90 day period;or
Signs 18.780-7 SE Update: 03/02
s,
® •
1. The sign shall be erected on private property with the consent of the lawful possessor of the
property and shall not be placed on utility poles or in the public right-of-way;and
2. At least one sign shall be permitted per parcel of land; additional signs on such parcel shall be
spaced at least 50 feet apart in residential zoning districts and 30 feet apart in nonresidential
zoning districts.
C. Exceptions. The sign permit provisions of this section shall not apply to repair, maintenance or
change of copy on the same sign (including, but not limited to the changing of a message on a sign
specifically designed and permitted for the use of changeable copy), or unlawfully erected or
maintained signs.
18.780.070 Certain Signs Prohibited
A. Prohibited display of flags and banners. It is a violation of this chapter 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. Exceptions
include:
1. National, state and institutional flags properly displayed;
2. Signs and banners approved as temporary signs; and
3. Balloons as allowed in Subsection 18.780.090C.
• B. Unsafe signs or improperly maintained signs. No sign shall be constructed, erected or maintained
unless the sign and sign structure is so constructed, erected and maintained as to be able to withstand
the wind, seismic and other requirements as specified in the Uniform Building Code or this title.
C. Signs at intersections. No sign shall be erected at intersections of any streets in such a manner as to
materially obstruct free and clear vision. All signs shall be consistent with Chapter 18.795 of this
title:
1. No sign shall be erected at any location where, by reason of the position, shape or color, that
interferes with, obstructs the view of, or could be confused with any authorized traffic signal or
device;and
2. No sign shall 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.
D. Obscenity. No sign shall bear or contain statements, words or pictures in which the dominant theme
of the material, taken as a whole, appeals to the prurient interest in sex or is patently offensive
because it affronts the contemporary community standard relating to the description or representation
of sexual material which is utterly without redeeming social value.
E.E.Traffic 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 ingress or 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.
Signs 18.780-10 SE Update: 03/02
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® • .
C. Balloons. •
1. One inflatable, stationary balloon or one cluster of children's balloons firmly secured shall be
allowed only if all of the following conditions are satisfied:
a. A City of Tigard sign permit is obtained for each single or cluster of balloons;
b. Each owner or legal occupant of property or a building shall be allowed one balloon per year;
c. A balloon sign shall be allowed to remain up for a period of no longer than 10 days per year;
d. A permit issued for a balloon will serve as one of the three sign permits allowed per business
in a calendar year;
e. Balloons may be permitted as roof signs with a City sign permit;
f. The size of a balloon shall not exceed 25 feet in height; and
g. The balloon shall be secured to a structure on the ground and shall not be allowed to float in
the air higher than 25 feet above the nearest building roof line.
D. Electronic message centers.
1. Electronic Message Center(variable message)sign regulations shall be as follows:
a. Electronic message center signs shall be permitted only in the C-G and CBD zones;
b. The maximum height and area of an electronic message center sign shall be that which is
stipulated in Subsection 18.780.130C;
c. An electronic message center shall be allowed to substitute for one freestanding sign or one
wall sign;
d. One electronic message center sign,either freestanding or wall-mounted, shall be allowed per
premises;
e. With regard to light patterns:
(1) Traveling light patterns("chaser effect")shall be prohibited;
•
(2) Messages and animation shall be displayed at intervals of greater than two seconds in
duration.
E. Free-standing freeway-oriented signs.
. . - - . '. - -- . ... ..:. . . . .. . -- :; For signs
requiring a permit under the Oregon Motorist Information Act, the City will determine pursuant
to a Type 1 process whether the sign meets all applicable City standards and provide that
•
determination to any applicant for a state permit consistent with ORS 377.723.
Signs 18.780-14 SE Update: 03/02
I •
2. Freeway-oriented signs shall be permitted only in the C-G,I-P,I-L and I-H zoning districts;
3. Freeway-oriented signs shall be permitted to be located within 200 feet of Highway 217 and/or
Interstate Freeway No. 5 rights-of-way as shown in the Freeway-Oriented Sign (FOS) overlay
zone maps in Figure 1; (Figure 1 is on file in the City Recorder's office.)
4. One freestanding freeway-oriented sign shall be allowed per premises;
5. The maximum height of a freeway-oriented sign shall not exceed 35 feet from the ground level at
its base;
6. For freestanding signs a total maximum sign area of 160 square feet per face (320 square feet
total) shall be allowed. ••• -• • :t•t'
shall-4Tb;
7. Freeway-oriented signs shall be oriented to be viewed from the freeway;
8. In addition to a freeway-oriented sign, each parcel, development complex or premises shall be
allowed one freestanding sign provided all other provisions of this chapter can be met and both
signs are located on separate frontages with different orientations;
9. Freeway-oriented signs are not permitted as roof, tenant, temporary, balloon, wall and awning
signs;
• . .. . .•- :c all:
. • . -• .
. .
F. Awning signs.
1. Awning signs shall be permitted in all zoning districts;
• 2. The copy on awning signs may not extend above the upper surfaces of the awning structure.
They may be hung below the awning if the sign clears the sidewalk by at least 8-1/2 feet;
3. Awning signs may be internally or externally illuminated; and
4. Awning signs may extend into the public right-of-way 6-1/2 feet or 2/3 of the distance to the
roadway,whichever is less. However,no sign may extend within two feet of the roadway. State
Highway Division approval shall be necessary for awning signs on state highways.
G. Flush pitched"roof'sign.
1. Flush pitched roof signs shall be allowed in all zoning districts except residential;
2. The face of flush pitched roof signs may not extend more than six inches above the roof line;
3. Flush pitched roof signs shall be parallel to the building face. They may not extend beyond the
building wall. Such surfaces shall be considered part of a wall surface in the calculation of total
• wall area;
Signs 18.780-15 SE Update: 03/02
A. Applicability. For the purposes of this chapter,non-conforming signs will be defined as follows: •
1. Except as provided in this chapter, signs in existence on March 20, 1978, in accordance with
Ordinance Nos. 77-89 and 78-16, which do not conform to the provisions of this chapter, but
which were constructed, erected or maintained in compliance with all previous regulations, shall
be regarded as nonconforming signs which may be continued until March 20, 1988;
2. Signs in existence on January 11, 1971, which do not conform to the provisions of this chapter,
but which were constructed, erected or maintained in compliance with all previous regulations,
were regarded as nonconforming signs and could be continued for a period of 10 years from
January 11, 1971. All such signs which were not brought into compliance with the standards in
Ordinance Nos. 77-89 and 78-16 and the extensions granted,are now in violation of this chapter;
3. Signs located on premises annexed into the City after January 11, 1971, which do not comply
with the provisions of this chapter, shall be brought into compliance with this chapter within a
period of ten years after the effective date of the annexation;
4. Any sign which is structurally altered, relocated or replaced shall immediately be brought into
compliance with all of the provisions of this chapter,except the repairing and restoration of a sign
on site or away from the site to a safe condition. Any part of a sign or sign structure for normal
maintenance shall be permitted without loss of nonconforming status.
B. Restrictions.For purposes of this title,a sign face or message change shall be subject to the following
provisions:
1. A sign face or message change on a nonconforming sign is not allowed as an alteration when the
� g g
affected property and sign structure have been abandoned for greater than 90 days;
2. A sign face or message change shall be allowed as an alteration only for existing conforming
• signs and for nonconforming signs prior to their amortization expiration date; and
3. No sign permit shall be required for allowable sign face or message changes.
C. Reconstruction. Should a nonconforming sign or sign structure or nonconforming portion of structure
be destroyed or repaired by any means to an extent of more than 50% of its replacement cost, it shall
not be reconstructed except in conformity with the provisions of this title.
D. Requirements for conformance.
1. Signs in existence on the effective date of this chapter 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 90 days from the effective date of this chapter;
t .- -. . .. . . nl ,---Qa-not-eomply-wi-th the•- . .. .. :. e.; • -- -- - . . .•, • ..
until u c 10 i 9'• .. • - •-- - -• - -- t 'Me-conformity:
18.780.120 Sign Removal Provisions: Nonconforming and Abandoned Signs
Signs 18.780-17 SE Update: 03/02
•
Agenda item: C• 2-
Hearing Date: January 5,2003 Time: 7:30 PM
STAFF REPORT TO THE .A
41- II!,
PLANNING COMMISSION CITY OFTIGARD
Community Deve(opment
FOR THE CITY OF TIGARD, OREGON SnapengABetter Community
SECTION I. APPLICATION SUMMARY
FILE NAME: SIGN CODE AMENDMENT
CASE NO.: Zone Ordinance Amendment (ZOA) ZOA2003-00003
PROPOSAL: To review and amend the Tigard Sign Code Chapter 18.780 to clarify
language regarding "Billboards" and "Freestanding Freeway oriented
signs," and to amend the language of Section 18.230.030 to make the
definition of "Responsible Party" consistent with Tigard Municipal Code
Section 18.740.020(A)(1-3).
APPLICANT: City of Tigard
Attn: Brad Kilby
13125 SW Hall Boulevard
Tigard, OR 97223
ZONE: N/A.
•
LOCATION: Citywide.
APPLICABLE
REVIEW
CRITERIA: Community Development Code Chapters 18.230 18.380, 18.390 and
18.780; Comprehensive Plan Policies 1.1.1 and 2.1.1; and Statewide
Planning Goals land 2.
SECTION II. STAFF RECOMMENDATION
Staff'recommends that the`.Planning Commission`amend the Tigard Development Code as
determined through the public`h"earmg,;process and make a recommendation.to the Tigard
_City Council ,,; .
ZOA2003-00003 PAGE 1 OF 5
1/5/03 PUBLIC HEARING STAFF REPORT TO PLANNING COMMISSION
•
SECTION III. BACKGROUND INFORMATION
On April 13, 1993, the Tigard City Council, by majority vote, agreed to prohibit billboard signs
in the Tigard city limits, and to remove the approval criteria for billboard signs from the
Special Condition Signs section of then TDC Section 18.114.090.
Earlier this year, West Coast Media, LLC, and later Media Arts, Inc. applied for building
permit approval to construct "freeway Oriented" signs under the premise that if they received
approval from ODOT and pursuant to the Oregon Motorists Information Act (OMIA) they
would not be subject to separate review from the City of Tigard. City planning staff
recommended to the Building Official that the building permits for the signs be denied after
finding that the signs that were applied for exceeded the maximum allowable size and height
for "freeway oriented" signs, and that in fact, the signs that were applied for appeared to be
billboards. The Building official denied approval of the permits, and the two companies filed
• appeals with the Oregon Land Use Board of Appeals. The appeals were based on language
in Tigard Development Code, Chapter 18.780.
Subsequently, staff requested an interpretation from the Community Development Director
that was appealed to the Tigard City Council. The City Council heard the appeals on June
10th and July 8th 2003. The Council resolved to uphold the Community Development
Directors' interpretation. The appeals at LUBA continued. In the meantime, staff in
coordination with the City Attorney has drafted changes to be considered as code
amendments. LUBA heard oral arguments on November 20, 2003, and expects to issue a
decision on this issue sometime in late December.
The other issue that is proposed for amendment is to ensure that the definition of
"responsible party" in the Development Code is consistent with the definition of "responsible
party" in the Municipal Code for enforcement proceedings. Currently, the definition of
"responsible party" in the Tigard Development Code is less inclusive than the definition of
"responsible party" in the Tigard Municipal Code. Recent decisions in court have resulted in
the City not being able to hold property owners, managers, and agents responsible for
violations at their properties when cited under Title 18, and, to instead only cite the tenants.
In cases as widely varied as illegal signs to illegal usages of properties, the current Title 18
definition restricts the City from forcing landowners to take an active and proactive role in
their properties. This alleviates the owners and managers of properties of their responsibility
to supervise their assets, leaving the burden on the City and the neighbors. By only being
able to cite the tenants, workloads and problems are seen repeatedly in the same locations
as tenants change.
SECTION IV. SUMMARY OF APPLICABLE CRITERIA
Chapter 18.380 states that legislative text amendments shall be undertaken by means
of a Type IV procedure, as governed by Section 18.390.060G.
Chapter 18.390.060G states that the recommendation by the Commission and the
decision by the Council shall be based on consideration of the following factors:
• The Statewide Planning Goals and Guidelines adopted under Oregon Revised
Statutes Chapter 197;
ZOA2003-00003 PAGE 2 OF 5
1/5/03 PUBLIC HEARING STAFF REPORT TO PLANNING COMMISSION
L.�
Notice was provided to DLCD 45 days prior to the first scheduled public hearing as required.
In addition, the Tigard Development Code and Comprehensive Plan have been
acknowledged by DLCD. The following are the applicable Statewide Planning Goals that are
applicable to this proposal:
Statewide Planning Goal 1 — Citizen Involvement:
This goal outlines the citizen involvement requirement for adoption of Comprehensive Plans
and for changes to the Comprehensive Plan and implementing documents. This goal has
been met by complying with the Tigard Development Code notice requirements set forth in
Chapter 18.390. Notice has been published in the Tigard Times Newspaper prior to the
public hearing. Two Public Hearings are held (one before the Planning Commission and the
second before the City Council) in which public input is welcome.
Statewide Planning Goal 2 — Land Use Planning:
This goal outlines the land use planning process and policy framework. The Comprehensive
Plan was acknowledged by DLCD as being consistent with the statewide planning goals.
The Development Code implements the Comprehensive Plan. The Development Code
establishes a process for and policies to review changes to the Development Code
consistent with Goal 2. The City's plan provides analysis and policies with which to evaluate
a request for amending the Code consistent with Goal 2.
• Any applicable Metro regulations;
There are not applicable Metro regulations with respect to signage or enforcement.
• Applicable Comprehensive Plan Policies:
Comprehensive Plan Policy 1.1.1:
This policy states that all future legislative changes shall be consistent with the Statewide
Planning Goals and the Regional Plan adopted by Metro. As indicated above under the
individual Statewide and Regional Plan goals applicable to this proposed amendment, the
amendment is consistent with the Statewide Goals and Regional Plan.
•
Comprehensive Plan Policy 2.1.1:
This policy states that the City shall maintain an ongoing citizen involvement program and
shall assure that citizens will be provided an opportunity to be involved in all phases of the
planning process. Notices of all hearings are published in the Tigard Times, and notice will
be published again prior to the City Council public hearing. Public input has been invited in
the notice.
• Any applicable provision of the City's implementing ordinances.
ZOA2003-00003 PAGE 3 OF 5
1/5/03 PUBLIC HEARING STAFF REPORT TO PLANNING COMMISSION
•
Code Section 18.380:
This section regulates amendments. It outlines the process for reviewing Development Code
Text Amendments. The present amendment will be reviewed under the Type IV legislative
procedure as set forth in the chapter.
Code Section 18.390:
This chapter establishes standard decision-making procedures for reviewing applications.
The amendment under consideration will be reviewed under the Type IV legislative
procedure as detailed in the chapter.
Code Section 18.230:
This chapter establishes enforcement procedures for violations of the Tigard Community
Development Code. This section is not considered an applicable review section for the
purpose of this application. Rather, the term "responsible party" from this section is
proposed to be changed.
Code Section 18.780:
The purpose of this chapter is to regulate the size, location, quality of materials, and
maintenance of all signs visible from the public right of way. Again, this section of the code
is not an applicable review section for this application. The proposal at hand would affect
the language and definitions of this section.
SECTION V. STAFF ANALYSIS
The legislative history is clear. The legislative body of the City of Tigard, and therefore the
citizens elected spokesmen have chose to prohibit "Billboards" not once, but twice in the
past ten years. That decision has been jeopardized by language that is arguably vague and
other language that was inadvertently left in the Development Code. While we cannot
control the content of signs, we do have the ability to regulate size, location, and even
building materials in the interest of health, safety, and welfare.
In summary, the amendments will accomplish the following objectives:
9 Amend the definition of "Responsible party" in Section 18.230.030 to be consistent
with the definition of"Responsible party" in the Tigard Municipal Code.
• Amend the Purpose statement of the Tigard Development Code (TDC) Chapter
18.780 to delete the adoption of the Oregon Motorist Information Act (OMIA) by
reference.
• Amend the definition of "Billboard" to mean signs larger than the maximum size
allowed.
• Delete the term "Billboard structure."
e Delete the term "Public sign."
• Require that OMIA permitted signs be reviewed by City of Tigard staff through a type I
process.
ZOA2003-00003 PAGE 4 OF 5
1/5/03 PUBLIC HEARING STAFF REPORT TO PLANNING COMMISSION
® •
Delete the requirement for a sign code exception by the Commission in order to allow
freeway-oriented signs.
o Delete the amortization clause for Billboards along Highway 99W with the
amortization date of June 10, 1998.
SECTION VI. OTHER ALTERNATIVES
As this is an amendment to clarify the legislative intent as reflected by the past and recent
actions of the Tigard City Council, the other alternative is to leave the development code as
is.
SECTION VII ADDITIONAL CITY STAFF & OUTSIDE AGENCY COMMENTS
The Tualatin Valley Fire and Rescue Department has had an opportunity to review this
proposal and has found that the proposal does not conflict with their interests.
The City of Tigard Engineering Department has had an opportunity to review this proposal
and have no objections.
The City of Tigard Public Works and Operations Department has had an opportunity to
review this proposal and have no objections.
The City of Tigard Police Department has had an opportunity to review this proposal and
have no objections.
The City of Building Division has had an opportunity to review this proposal and have no
objections.
Washington County Department of Land Use and Transportation, DLCD, ODOT,
Tualatin Valley Water District, Clean Water Services, and Metro Land use and Planning
Growth Management have all had an opportunity to review this proposal and have offered
no comments or objections to the proposed Zone Ordinance Amendment.
'• ATTACHMENTS
Exhibit A: Proposed amendments to the Community Development Code Chapters 18.230
and 18.780.
1 •/7Z _ December 19, 2003
PREPARED BY:Brad Ki by DATE
Associate Planner
-4e2"-C* December 19, 2003
APPR VED BY:Richard Bewersdorff DATE
Planning Manager
ZOA2003-00003 PAGE 5 OF 5
1/5/03 PUBLIC HEARING STAFF REPORT TO PLANNING COMMISSION
ti;
"EXHIBIT A"
PROPOSED CHANGES
ADDITIONS: Indicated by UNDERLINE
DELETIONS: Indicated by
(Additionally,a bar in the far right margin also indicates where a change has been made. Example:—> I )
Chapter 18.230
ENFORCEMENT
Sections:
18.230.010 Provisions of this Title Declared to be Minimum Requirements
18.230.020 Violation of Title Prohibited
18.230.030 Penalty
18.230.040 Complaints Regarding Violations
18.230.050 Inspection and Right of Entry
18.230.060 Abatement of Violations
18.230.070 Stop-Order Hearing
18.230.010 Provisions of this Title Declared to be Minimum Requirements
A. Minimum requirements intended. In their interpretation and application, the provisions of this title
shall be held to be minimum requirements, adopted for the protection of the public health, safety, and
general welfare.
B. Most restrictive requirements apply. When the requirements of this title vary from other provisions of
this title or with other applicable standards, the most restrictive or that imposing the highest standard
shall govern.
18.230.020 Violation of Title Prohibited
A. Violation of title prohibited. No person shall erect, construct, alter, maintain or use any building or
structure or shall use, divide or transfer any land in violation of this title or any amendment thereto.
18.230.030 Penalty
A. Class 1 penalty. A violation of this title shall constitute a Class 1 civil infraction which shall be
processed according to the procedures established in Chapter 1.16 of this code,Civil Infractions.
B. Each violation a separate infraction. Each violation of a separate provision of this title shall constitute
a separate infraction, and each day that a violation of this title is committed or permitted to continue
shall constitute a separate infraction.
C. Abatement of violation required. A finding of a violation of this title shall not relieve the responsible
party of the duty to abate the violation. The penalties imposed by this section are in addition to and
not in lieu of any remedies available to the City.
D. Responsible-par-tit-I-f a provision of tl'• • - : :` : -n-er-eerpor-ation, the officer or
of-Reersrof-p---:- : :- .. able-for-the violation-sha-11 be subject-t; -- :--. .
tai seetien."Responsible party" means the person responsible for curing or remedying a violation,
which includes:
1. The owner of the property, or the owner's manager or agent or other person in control of the
property on behalf of the owner;
2. The person occupying the property, including bailee, lessee, tenant or other person having
possession.
Enforcement 18.230-1 11/26/98
•
3. The person who is alleged to have committed the acts or omissions, created or allowed the
condition to exist, or placed the object or allowed the object to exist on the property.
18.230.040 Complaints Regarding Violations
A. Filing written complaint.Whenever a violation of this title occurs, or is alleged to have occurred, any
person may file a signed, written complaint.
B. File complaint with Director. Such complaints, stating fully the causes and basis thereof, shall be filed
with the Director. The Director shall properly record such complaints, investigate and take action
thereon as provided by this title.
18.230.050 Inspection and Right of Entry
A. Right of entry. Whenever the Director has reasonable cause to suspect a violation of any provision of
this chapter exists or when necessary to investigate an application for or revocation of any approval
under any of the procedures described in this title, the Director may enter on any site or into any
structure for the purpose of investigation, provided that no premises shall be entered without first
attempting to obtain the consent of the owner or person in control of the premises if other than the
owner.
B. Search warrant. If consent cannot be obtained, the Director shall secure a search warrant from the
City's municipal court before further attempts to gain entry, and shall have recourse to every other
remedy provided by law to secure entry.
18.230.060 Abatement of Violations
A. Abatement of violations. Any development or use which occurs contrary to the provisions of this title
or contrary to any permit or approval issued or granted under this title is unlawful, and may be abated
by appropriate proceedings.
18.230.070 Stop-Order Hearing
A. Stop order issued. Whenever any work is being done in violation of the provisions of the Code or a
condition of any permit or other approval granted pursuant hereto, the Director may order the work
stopped by notice in writing served on persons engaged in doing such work or causing such work to
be done. All work under the permit or approval shall cease until it is authorized to continue.
B. Stop-order hearing. The Director shall schedule a hearing if requested on the stop order for the
soonest practicable date, but not more than seven (7) days after the effectiveness of any required
notice. At the discretion of the Director, such hearing may be:
1. Part of a hearing on revocation of the underlying permit or approval pursuant to Section
18.390.050; or
2. Solely to determine whether a violation has occurred. The Hearings Officer shall hold this
hearing and shall make written findings as to the violation within seven (7) days. Upon a finding
of no violation, the Hearings Officer shall require the issuance of a resume work order. Upon
finding a violation, the stop-order shall continue to be effective until the violating party furnishes
Enforcement 18.230-2 11/26/98
i
Chapter 18.780
SIGNS
Sections:
18.780.010 Purpose
18.780.012 Effective Date of this Chapter
18.780.015 Definitions
18.780.020 Permits Required
18.780.030 Permit Approval Process
18.780.040 Expiration of Approval: Standards for Extension of Time
18.780.050 Inspections
18.780.060 Permit Exemptions
18.780.070 Certain Signs Prohibited
18.780.080 Sign Illumination
18.780.085 Sign Measurement
18.780.090 Special Condition Signs
18.780.100 Temporary Signs
18.780.110 Nonconforming Signs
18.780.120 Sign Removal Provisions: Nonconforming and Abandoned Signs
18.780.130 Zoning District Regulations
18.780.140 Sign Code Adjustments
18.780.010 Purpose
A. General purposes. The purposes of this chapter are:
1. To protect the health,safety,property and welfare of the public;
2. To promote the neat, clean, orderly and attractive appearance of the community;
• 3. To accommodate the need of sign users while avoiding nuisances to nearby properties;
• 4. To insure for safe construction,location, erection and maintenance of signs;
5. To prevent proliferation of signs and sign clutter; and
6. To minimize distractions for motorists on public highways and streets.
7. To regulate solely on the basis of time,place and manner of a sign,not on its content.
B. Sign quality. In addition, it is the purpose of this chapter 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.
C. Compliance with other laws and regulations. It is not the purpose of this chapter to permit the
erection or maintenance of any sign at any place or in any manner unlawful under any other
ordinance, or state or federal law.
�.e - _ • ,G • _ - . •_ _ . . _.• - ..•: - i • __ : : • p e _
- -- ' • :tcr 377.
Signs 18.780-1 SE Update: 03/02
•
•
18.780.012 Effective Date of this Chapter
A. Effective date. All references made in this chapter to the effective date of this chapter shall mean
November 9, 1983,unless otherwise specifically stated in an ordinance revision.
18.780.015 Definitions
A. Definitions. As used in this title, unless the context requires otherwise, the following words and
phrases shall have the meanings set forth in this chapter. The definitions to be used in this chapter
are in addition to Chapter 18.110,Definitions, and are as follows:
1. " `A'board sign"means any double face temporary rigid sign;
2. "Abandoned sign"means a structure not containing a sign for 90 continuous days or a sign not in
use for 90 continuous days;
3. "Area"-see Section 18.780.085 for definition of sign area;
4. "Awning sign"means a wall sign incorporated into or attached to an awning;
5. "Balloon" -see"Temporary sign";
6. "Banner"- see"Temporary sign";
7. `Bench sign"means a bench designed to seat people which carries a written or graphic message;
8. "Billboard"means a .• . , .... . : • • :a• . a freestanding sign in excess of
the maximum size allowed, with adjustments, in the locations where it is located
or proposed to be located.
":• - - . ---- -- -- -- .- - : --- ..a .. -•ch supports a bil1b a
9. --1.0.-"Building official" means officer or designee of the City empowered to enforce the
Uniform Building Code;
10. 11. "Business" means all of the activities carried on by the same legal entity on the same
premises and includes charitable, fraternal, religious, educational or social organizations. "Legal
entity" includes, but is not limited to, individual proprietorships, partnerships, corporations,
nonprofit corporations,associations or joint stock companies;
11. .-"Construct" means every type of display in the form of letters, figures, characters and/or
representations;
12. 13. "Cutout" means every type of display in the fonn of letters, figures, characters and/or
representations in cutout or irregular form attached to or superimposed upon a sign;
13. -"Development review" means the site development review process set forth in Chapters
18.360;
Signs 18.780-3 SE Update: 03/02
•
•
14. -1--57--"Directional sign" means a permanent sign which is designed and erected solely for the
purpose of traffic or pedestrian direction and placed on the property to which the public is
directed;
15. k&-"Display surface" means the area made available by the sign structure for the purpose of
displaying the advertising or identification message;
16. 17. "Electrical sign"means any sign utilizing electrical wiring;
17. 18. "Electronic information sign" means signs, displays, devices or portions thereof with lighted
messages that change at intermittent intervals, each lasting more than two seconds,by electronic
process or remote control. Electronic information signs are not identified as rotating,revolving or
moving signs. Also known as an automatic changeable copy sign or electronic variable message
center;
18. 4.9-"Face of a building" means all windows and wall areas of a building in one or more parallel
planes;
19. 20. "Flashing sign"means any sign which is illuminated by an intermittent or sequential flashing
light source whose interval is two seconds or less in duration, 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;
20. 21. "Flush pitched roof sign" means a sign attached to a mansard or similar type of vertically
aligned roof;
21. 22. "Freestanding sign"means a sign erected and mounted on a freestanding frame, mast or pole
and not attached to any building;
22. 23. "Freeway interchange"means any intersection of an exit off-ramp of Interstate Highway 5 or
State Highway 217 with a surface street;
23. 247-"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
Highway 99W;
24. 25. "Frontage"means the length of the property line of any one premises along a public roadway;
25. 26. "Housing complex"means a grouping of one or more single-family attached residential units
or one or more multi-family residential units;
26. 27. "Immediate or serious danger"means:
a. Whenever any portion of the structure is damaged by fire, earthquake, wind, flood or other
causes,and any member or appurtenance is likely to fail,become detached or dislodged, or to
collapse and thereby injure persons or damage property;
b. Whenever any portion of the structure is not of sufficient strength or stability or is not so
anchored, attached or fastened in place as to be capable of resisting a wind pressure of one-
half of that specified in the Uniform Building Code for this type structure or similar structure,
Signs 18.780-4 SE Update: 03/02
• •
and will not exceed the working stresses permitted in the Uniform Building Code for such
structures; and
c. Whenever the location of the sign structure obstructs the view of motorists traveling on the
public streets or private property, and thus causes damage to property or thereby injures
persons.
27. 28. "Industrial Park" means a parcel of land which complies with the requirements set forth in
Chapter 18.530;
28. 29. "Lawn sign"- see"Temporary sign";
29. 30. "Lighting methods"means:
a. Direct-exposed lighting or neon tubes on the sign face;
b. Flashing-lights which blink on and off randomly or in sequence;
c. Indirect or External -the light source is separate from the sign face or cabinet and is directed
so as to shine on the sign; and
d. Internal-the light source is concealed within the sign.
30. 34-"Maintenance" means normal care needed to keep a sign functional such as cleaning, oiling,
changing and repair of light bulbs and sign faces. Does not include structural alteration;
31. 32. "Nonconforming sign" means a sign or sign structure lawfully erected and properly
maintained that would not be allowed under the sign regulations presently applicable to the site;
32. 33. "Non-structural trim" means the moldings, battens, caps, nailing strips and latticing, letters
and walkways which are attached to a sign structure;
33. 3-41-"Painted wall decorations"means displays painted directly on a wall, designed and intended
as a decorative or ornamental feature. Decorations may also include lighting;
34. 35. "Painted wall highlights" means painted areas which highlight a building's architectural or
structural features;
35. 36. "Painted wall sign" means a sign applied to a building wall with paint and which has no sign
structure;
36. 3--77-"Person" means individuals, corporations, associations, firms, partnerships and joint stock
companies;
37. 38. "Premises" means one or more lots on which are constructed or on which are to be
constructed a building or a group of buildings designed as a unit;
38. 39-"Projecting sign"means a sign attached to a building other than a wall sign in which the sign
face is not parallel to the wall. Such sign shall not project above the wall of the building to which
it is attached,except where there is an existing parapet;
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39. 441-"Projection"means the distance by which a projecting sign extends from a building;
40. 4-"Reader-board sign" means any sign with changeable copy or a message, except electronic
information signs;
41. 43-"Roof line"means the top edge of a roof or building parapet, whichever is higher, excluding
any cupolas, chimneys or other minor projections;
42. 44-"Roof sign" means a sign erected fully upon or directly above a roof line or parapet of a
building or structure. Exceptions: include approved temporary balloons, signs attached to
existing architectural features and flush mounted"roof'signs;
43. 45-"Rotating, revolving or moving sign" means any sign, or portion of a sign, which moves in
any manner;
44. 46. "Shopping center"means developments of not less than eight business units;
45. 47. "Shopping plaza"means developments of between two and seven business units;
46. 48-"Sign" means materials placed or constructed primarily to convey a message or other display
and which can be viewed from a right-of-way,another property or from the air;
47. 49-"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;
48. 50. "Structural alteration" means modification of the size, shape or height of a sign structure.
Also includes replacement of sign structure materials with other than comparable materials, for
example metal parts replacing wood parts;
49. 54--"Surface street"means a street which does not have limited access and which is not a freeway
or expressway;
50. 52. "Temporary sign" means any sign, "A" board frame, banner, lawn sign or balloon which is
not permanently erected or permanently affixed to any sign structure, sign tower, the ground or a
building:
a. Balloon - an inflatable, stationary temporary sign anchored by some means to a structure or
the ground. Includes simple children's balloons, hot and cold air balloons, blimps and other
dirigibles;
b. Banner-a sign made of fabric or other nonrigid material with no enclosing framework;
c. Lawn Sign - a freestanding sign in residential zones which is exempt from sign permit
requirements provided the size requirements in Subsection 18.780.060 B2. can be met.
51. 33-"Tenant Sign"means a sign placed in control of a current tenant or property owner;
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52. -54-"Uniform Building Code" means the most recent structural and specialty Oregon Uniform
Building Code as adopted by the Oregon Department of Commerce, and which Uniform Building
Code, by this reference, is incorporated in this title to the extent of specific citations thereof in
this title;
53. 55. "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.
B. General rule. For the purpose of this chapter, 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."
18.780.020 Permits Required
A. Compliance with regulations. No sign or sign structure shall hereafter be erected, re-erected,
constructed, structurally altered or relocated within the City limits except as provided by this title, and
a permit for the same sign or sign structure has been issued by the Director.
B. Separate permits for each sign. A separate permit shall be required for each sign or signs for each
business entity and a separate permit shall be required for each group of signs on a single supporting
structure.
C. Compliance with UBC. Separate structural permits under the Uniform Building Code shall also
apply.
D. Electrical permit required. An electrical permit shall be obtained for all illuminated signs, from the
enforcing agency subject to the provisions of the State Electrical Code.
E. Retroactive sign permits. The Director may require application for sign permits for all signage at a
given address if no existing permits previously had been approved or documented.
18.780.030 Permit Approval Process
A. Permits for existing signs. Permits for modification of existing signs, or to legalize signs for which a
permit was not obtained when it was constructed, will be processed by means of a Type I procedure,
as governed by Section 18.390.030,using the requirements of this chapter as approval criteria.
B. Permits for new signs. Permits for new signs will be processed by means of a Type I procedure, as
governed by Section 18.390.030,using the requirements of this chapter as approval criteria.
C. Site plan. The applicant shall submit a proposed sign site plan. The Director shall provide the
applicant with detailed information about this submission requirement.
18.780.040 Expiration of Approval: Standards for Extension of Time
A. Expiration of approval. Sign permit approval shall be effective for a period of 90 days from the date
of approval.
B. Reasons for lapsing.The sign permit approval shall lapse if:
1. Substantial construction of the approved plan has not begun within the 90 day period; or
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1. The sign shall be erected on private property with the consent of the lawful possessor of the
property and shall not be placed on utility poles or in the public right-of-way; and
2. At least one sign shall be permitted per parcel of land; additional signs on such parcel shall be
spaced at least 50 feet apart in residential zoning districts and 30 feet apart in nonresidential
• zoning districts.
C. Exceptions. The sign permit provisions of this section shall not apply to repair, maintenance or
change of copy on the same sign (including, but not limited to the changing of a message on a sign
specifically designed and permitted for the use of changeable copy), or unlawfully erected or
maintained signs.
18.780.070 Certain Signs Prohibited
A. Prohibited display of flags and banners. It is a violation of this chapter 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. Exceptions
include:
1. National, state and institutional flags properly displayed;
2. Signs and banners approved as temporary signs; and
3. Balloons as allowed in Subsection 18.780.090C.
B. Unsafe signs or improperly maintained signs. No sign shall be constructed, erected or maintained
unless the sign and sign structure is so constructed, erected and maintained as to be able to withstand
the wind, seismic and other requirements as specified in the Uniform Building Code or this title.
C. Signs at intersections. No sign shall be erected at intersections of any streets in such a manner as to
materially obstruct free and clear vision. All signs shall be consistent with Chapter 18.795 of this
title:
1. No sign shall be erected at any location where, by reason of the position, shape or color, that
interferes with, obstructs the view of, or could be confused with any authorized traffic signal or
device; and
2. No sign shall 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.
D. Obscenity. No sign shall bear or contain statements, words or pictures in which the dominant theme
of the material, taken as a whole, appeals to the prurient interest in sex or is patently offensive
because it affronts the contemporary community standard relating to the description or representation
of sexual material which is utterly without redeeming social value.
ETD. Traffic 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 ingress or 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.
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• S
C. Balloons.
1. One inflatable, stationary balloon or one cluster of children's balloons firmly secured shall be
allowed only if all of the following conditions are satisfied:
a. A City of Tigard sign permit is obtained for each single or cluster of balloons;
b. Each owner or legal occupant of property or a building shall be allowed one balloon per year;
c. A balloon sign shall be allowed to remain up for a period of no longer than 10 days per year;
d. A permit issued for a balloon will serve as one of the three sign permits allowed per business
in a calendar year;
e. Balloons may be permitted as roof signs with a City sign permit;
f. The size of a balloon shall not exceed 25 feet in height; and
g. The balloon shall be secured to a structure on the ground and shall not be allowed to float in
the air higher than 25 feet above the nearest building roof line.
D. Electronic message centers.
1. Electronic Message Center(variable message)sign regulations shall be as follows:
a. Electronic message center signs shall be permitted only in the C-G and CBD zones;
b. The maximum height and area of an electronic message center sign shall be that which is
stipulated in Subsection 18.780.130C;
c. An electronic message center shall be allowed to substitute for one freestanding sign or one
wall sign;
d. One electronic message center sign, either freestanding or wall-mounted, shall be allowed per
•.; premises;
e. With regard to light patterns:
(1) Traveling light patterns("chaser effect")shall be prohibited;
(2) Messages and animation shall be displayed at intervals of greater than two seconds in
duration.
E. Free-standing freeway-oriented signs.
1. . - • . ... ' : . : - . -- - . e . . a ::-
- ---- ---- -- --- ---• - ::: : --
. :; For signs
requiring a permit under the Oregon Motorist Information Act, the City will determine pursuant
to a Type 1 process whether the sign meets all applicable City standards and provide that
determination to any applicant for a state permit consistent with ORS 377.723.
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•
2. Freeway-oriented signs shall be permitted only in the C-G,I-P,I-L and I-H zoning districts;
3. Freeway-oriented signs shall be permitted to be located within 200 feet of Highway 217 and/or
Interstate Freeway No. 5 rights-of-way as shown in the Freeway-Oriented Sign (FOS) overlay
zone maps in Figure 1; (Figure 1 is on file in the City Recorder's office.)
4. One freestanding freeway-oriented sign shall be allowed per premises;
5. The maximum height of a freeway-oriented sign shall not exceed 35 feet from the ground level at
its base;
6. For freestanding signs a total maximum sign area of 160 square feet per face (320 square feet
total) shall be allowed. -- _ --- -- : - - . - :- :e.e'e
7. Freeway-oriented signs shall be oriented to be viewed from the freeway;
8. In addition to a freeway-oriented sign, each parcel, development complex or premises shall be
allowed one freestanding sign provided all other provisions of this chapter can be met and both
signs are located on separate frontages with different orientations;
9. Freeway-oriented signs are not permitted as roof, tenant, temporary, balloon, wall and awning
signs;
10. Freeway oriented signs shall be allowed only by administrative approval of a sign permit
F. Awning signs.
1. Awning signs shall be permitted in all zoning districts;
2. The copy on awning signs may not extend above the upper surfaces of the awning structure.
They may be hung below the awning if the sign clears the sidewalk by at least 8-1/2 feet;
3. Awning signs may be internally or externally illuminated; and
4. Awning signs may extend into the public right-of-way 6-1/2 feet or 2/3 of the distance to the
roadway, whichever is less. However,no sign may extend within two feet of the roadway. State
Highway Division approval shall be necessary for awning signs on state highways.
G. Flush pitched"roof"sign.
1. Flush pitched roof signs shall be allowed in all zoning districts except residential;
2. The face of flush pitched roof signs may not extend more than six inches above the roof line;
3. Flush pitched roof signs shall be parallel to the building face. They may not extend beyond the
building wall. Such surfaces shall be considered part of a wall surface in the calculation of total
wall area;
Signs 18.780-15 SE Update: 03/02
A. Applicability. For the purposes of this chapter,non-conforming signs will be defined as follows:
1. Except as provided in this chapter, signs in existence on March 20, 1978, in accordance with
Ordinance Nos. 77-89 and 78-16, which do not conform to the provisions of this chapter, but
which were constructed, erected or maintained in compliance with all previous regulations, shall
be regarded as nonconforming signs which may be continued until March 20, 1988;
2. Signs in existence on January 11, 1971, which do not conform to the provisions of this chapter,
but which were constructed, erected or maintained in compliance with all previous regulations,
were regarded as nonconforming signs and could be continued for a period of 10 years from
January 11, 1971. All such signs which were not brought into compliance with the standards in
Ordinance Nos. 77-89 and 78-16 and the extensions granted, are now in violation of this chapter;
3. Signs located on premises annexed into the City after January 11, 1971, which do not comply
with the provisions of this chapter, shall be brought into compliance with this chapter within a
period of ten years after the effective date of the annexation;
4. Any sign which is structurally altered, relocated or replaced shall immediately be brought into
compliance with all of the provisions of this chapter, except the repairing and restoration of a sign
on site or away from the site to a safe condition. Any part of a sign or sign structure for normal
maintenance shall be permitted without loss of nonconforming status.
B. Restrictions.For purposes of this title, a sign face or message change shall be subject to the following
provisions:
1. A sign face or message change on a nonconforming sign is not allowed as an alteration when the
affected property and sign structure have been abandoned for greater than 90 days;
2. A sign face or message change shall be allowed as an alteration only for existing conforming
signs and for nonconforming signs prior to their amortization expiration date; and
3. No sign permit shall be required for allowable sign face or message changes.
C. Reconstruction. Should a nonconforming sign or sign structure or nonconforming portion of structure
be destroyed or repaired by any means to an extent of more than 50% of its replacement cost, it shall
• not be reconstructed except in conformity with the provisions of this title.
D. Requirements for conformance.
1. Signs in existence on the effective date of this chapter 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 90 days from the effective date of this chapter;
:e.ese - . : : . . - . - . • , • .. • - .
18.780.120 Sign Removal Provisions: Nonconforming and Abandoned Signs
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