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Tigard City Zoning Code

PART 18

400 SUPPLEMENTAL DEVELOPMENT STANDARDS

§ 18.410.010 Purpose.

The purpose of this chapter is to provide standards to ensure the following goals are met:
A. 
Off-street vehicle parking and maneuvering areas are:
1. 
Limited in scale;
2. 
Designed to minimize conflicts with active transportation modes; and
3. 
Designed to mitigate heat island effects or generate sustainable power.
B. 
Parking structures are:
1. 
Designed with pedestrian-friendly ground floor façades; and
2. 
Designed to minimize conflicts with active transportation modes at ingress and egress points.
C. 
Off-street bicycle parking are:
1. 
Sufficiently sized to meet the current and future needs of bicyclists; and
2. 
Located and designed to discourage theft and optimize user safety, comfort, and convenience.
(Ord. 17-22 §2; Ord. 18-23 §2; Ord. 22-10 §2; Ord. 23-08, 12/5/2023)

§ 18.410.020 Applicability.

A. 
Applicability. The provisions of this chapter apply to all new development and all modifications to existing development, including changes of use, unless stated otherwise in this title.
B. 
Unlisted uses. Where a use is not listed in Table 18.410.3, a use determination may be requested as provided in Section 18.60.030 for the purposes of determining the maximum vehicle parking and minimum bicycle parking standards of this chapter.
(Ord. 17-22 §2; Ord. 18-23 §2; Ord. 22-10 §2; Ord. 23-08, 12/5/2023)

§ 18.410.030 Vehicle Parking and Loading Standards.

A. 
Quantity.
1. 
The ratios for the maximum number of off-street vehicle parking spaces allowed are provided in Table 18.410.3, subject to the following:
a. 
If application of the maximum parking standard results in less than six parking spaces for a development with less than 1,000 square feet of floor area, the development is allowed up to six parking spaces.
b. 
If application of the maximum parking standard results in less than 10 vehicle parking spaces for a development between 1,000 and 2,000 square feet, the development is allowed up to 10 vehicle parking spaces.
c. 
If a development is approved with no specified use, the development must apply the maximum parking standard for the use category that would allow the fewest number of parking spaces, chosen from all the uses that could be contained within the building type(s).
d. 
In mixed-use and multi-tenant developments, the maximum allowable vehicle parking is determined individually for each use.
e. 
The following types of parking areas are not included when calculating the maximum number of vehicle parking spaces allowed:
(i) 
Parking spaces contained in a parking structure;
(ii) 
Market-rate paid parking spaces;
(iii) 
Designated carpool or vanpool spaces;
(iv) 
Designated accessible parking spaces;
(v) 
Fleet vehicle storage; and
(vi) 
Vehicle storage spaces for sale, lease, or rent.
B. 
Vehicular access. Vehicular access to off-street vehicle parking or loading areas must meet the requirements of Chapter 18.920, Access, Egress, and Circulation and Chapter 18.930, Vision Clearance Areas.
C. 
Pedestrian access. Paths that cross access driveways or that provide access to vehicle or bicycle parking areas must comply with the following:
1. 
Paths must be physically separated from vehicle parking and maneuvering areas by either a minimum six-inch vertical separation (curbed) or a minimum 3-foot horizontal separation, except that pedestrian crossings of traffic aisles are allowed for distances no greater than 36 feet if appropriate landscaping, pavement markings, or contrasting pavement materials are used;
2. 
Paths must be a minimum of four feet in width, exclusive of vehicle overhangs and obstructions such as mailboxes, benches, bicycle racks, and sign posts; and
3. 
Paths must be in compliance with applicable federal and state accessibility standards.
D. 
Drive-through facilities.
1. 
All uses with drive-through facilities must provide on-site stacking lanes for inbound vehicles as provided in Table 18.410.1.
Table 18.410.1
Stacking Lane Requirements
Use
Stacking Lane Requirement
Banks
150 feet/service terminal
Automated teller machines
50 feet/automated teller machine
Cleaners, repair services
50 feet
Restaurants
200 feet
Drive-in theaters
200 feet
Fueling stations
75 feet between curb cut and nearest fueling kiosk
Car washes
75 feet/washing unit
Parking facilities:
- With automatic ticket dispensing
50 feet/entry driveway
- With staffed ticket dispensing
100 feet/entry driveway
- With valet or attendant parking
100 feet
2. 
Stacking lanes must be designed so that they do not interfere with off-street parking areas or with vehicle, pedestrian, and bicycle circulation.
E. 
Surfacing. Off-street parking areas must be paved with an asphalt, concrete, or pervious paving surface, except for the following:
1. 
Off-street parking areas associated with a temporary use application, as provided in Chapter 18.440, Temporary Uses, provided the approval authority determines that unpaved parking will not create adverse conditions.
2. 
Off-street overflow parking areas in the Parks and Recreation zone.
F. 
Striping.
1. 
All off-street parking spaces must be clearly and separately identified with pavement markings or contrasting paving materials, except for spaces provided with the following types of development:
a. 
Small form residential;
b. 
Detached accessory dwelling units; or
c. 
Any other residential development where spaces are not grouped.
2. 
All interior vehicle drives and access aisles must be clearly marked and signed to show direction of flow.
G. 
Wheel stops. Parking bumpers or wheel stops a minimum of four inches in height must be provided a minimum of three feet from the front of vehicle parking spaces wherever vehicles can encroach on a right-of-way or pedestrian path. Curbing may substitute for wheel stops if vehicles will not encroach into the minimum required width for landscape or pedestrian paths.
H. 
Lighting. Lighting must be provided that meets the following standards:
1. 
All pedestrian paths in parking areas and providing access to parking areas must be illuminated to a minimum level of 0.5 footcandles at all points, measured horizontally at the ground level.
2. 
Lighting luminaires must have a cutoff angle of 90 degrees or greater to ensure that lighting is directed toward the parking surface.
3. 
Lighting may not cause a light trespass of more than 0.5 footcandles measured vertically at the boundaries of the site.
I. 
Space and aisle dimensions. The minimum dimensional standards for surface parking spaces and drive aisles are provided in Figure 18.410.1 and Table 18.410.2.
Figure 18.410.1 Parking Dimension Factors
Title 18-Image-44.tif
Table 18.410.2
Minimum Parking Space and Aisle Dimensions
Angle (A)
Stall Width (B)
Curb Length (C)
1 Way Aisle Width (D)
2 Way Aisle Width (D)
Stall Depth (E)
0° (Parallel)
8 ft.
22 ft. 6 in.
12 ft.
20 ft.
8 ft.
30°
8 ft. 6 in.
17 ft.
12 ft.
20 ft.
15 ft.
45°
8 ft. 6 in.
12 ft.
12 ft.
20 ft.
17 ft.
60°
8 ft. 6 in.
9 ft. 9 in.
16 ft.
20 ft.
17 ft. 6 in.
90°
8 ft. 6 in.
8 ft. 6 in.
20 ft.
20 ft.
16 ft.
J. 
Accessible parking. Where off-street vehicle parking is provided, it must include the required number of accessible vehicle parking spaces as specified by the state building code and federal standards. Such parking spaces must be sized, signed, and marked as required by these regulations and in compliance with ORS 447.
K. 
Loading areas. All off-street vehicle loading areas for passengers or goods must:
1. 
Include sufficient area for turning and maneuvering of vehicles on site. At a minimum, the maneuvering length must be at least twice the overall length of the longest vehicle using the site.
2. 
Be designed such that vehicle stacking does not impact any public right-of-way.
L. 
Electrical service capacity. Electrical service capacity, as defined by ORS 455.417, must be provided to new off-street parking spaces in compliance with the standards of this subsection. Adjustments to the standards of this subsection are prohibited.
1. 
Non-residential development and residential or mixed-use developments with less than five dwelling units must provide electrical service capacity to a minimum of 20% of all off-street vehicle parking spaces on the site.
2. 
Residential or mixed-use developments with five or more dwelling units must provide electrical service capacity to a minimum of 40% of all off-street vehicle parking spaces on the site.
3. 
Small form residential or rowhouse development is exempt from the provisions of this subsection.
M. 
Tree canopy. Tree canopy must be provided over parking areas in compliance with the standards of this subsection. Tree canopy values are credited at 75% of their listed canopy area in the Tigard Urban Forestry Manual (UFM) tree list or at 75% of the area calculated using the method described in Section 13 of the UFM.
1. 
Developments with off-street parking areas less than 20,000 square feet in size, as measured using the method provided in Section 18.40.150, must provide a minimum effective tree canopy coverage of 30% over all parking areas.
2. 
Developments with off-street parking areas of 20,000 square feet or more, as measured using the method provided in Section 18.40.150, must meet one of the following:
a. 
The development provides a minimum effective tree canopy coverage of 40% over all parking areas.
b. 
The development provides a minimum effective tree canopy coverage of 30% over all parking areas in addition to solar panels with a generation capacity of at least one-half kilowatt per parking space on the same site.
c. 
The development provides solar panels with a generation capacity of at least one-half kilowatt per parking space above the parking area. In this case, no minimum tree canopy requirement applies.
d. 
The development provides a minimum effective tree canopy coverage of 30% over all parking areas and the applicant has paid the parking climate fee, as provided in the Tigard Fees and Charges Schedule.
3. 
Parking areas for small form residential, cottage clusters, courtyard units, quads, and rowhouses are exempt from the standards of this subsection, but must meet any tree canopy standards provided in the applicable development standards chapter in Chapter 18.200, Residential Development Standards.
N. 
Employee parking. Developments or uses that provide 50 or more designated employee parking spaces must provide preferential parking spaces for carpool or vanpool vehicles. Parking spaces are considered designated for employee parking when they are restricted to the exclusive use of employees through signage, access control, or other means.
O. 
Maximum coverage. For developments with 65,000 square feet or more of floor area on a site, the total area of surface parking must not exceed the total square footage of floor area on that site.
(Ord. 17-22 §2; Ord. 18-23 §2; Ord. 18-28 §1; Ord. 22-06 §2; Ord. 22-10 §2; Ord. 23-08, 12/5/2023)

§ 18.410.040 Parking Structure Standards.

A. 
First-story windows and wall openings. All street-facing facades of parking structures must include windows, doors, or display areas on a minimum of 20% of the first-story facade area excluding those portions of the facade devoted to vehicular access, stairwells, elevators, and centralized payment booths. Required windows must have a sill no more than four feet above grade. Where the interior floor level prohibits such placement, the sill may be raised to allow it to be no more than two feet above finished floor wall up to a maximum sill height of six feet above grade.
B. 
Exit warning bell. All exits from parking structures within 15 feet of public sidewalks or pedestrian paths must include an audible and visible signal that alerts non-motorized traffic when vehicles are exiting.
C. 
Parking layout and internal circulation. The required space and aisle dimensions within a parking structure are provided in Figure 18.410.1 and Table 18.410.2.
D. 
Electrical service capacity. The electrical service capacity requirements of Section 18.410.030.L apply to new parking structures.
(Ord. 22-10 §2; Ord. 23-08, 12/5/2023)

§ 18.410.050 Bicycle Parking Standards.

A. 
Quantity. The minimum number of required bicycle parking spaces is provided in Table 18.410.3. If application of the minimum bicycle parking standard results in less than two spaces, then the development must provide at least two spaces. Small form residential, accessory dwelling units, cottage clusters, courtyard units, quads, and rowhouses are exempt from minimum bicycle parking standards.
B. 
Location. Required bicycle parking must be located within 50 feet of a required or main entrance of a primary building, except that required bicycle parking for mixed-use or nonresidential development that includes any vehicle parking within a parking structure must be covered and located within 100 feet of a required or main entrance of a primary building.
C. 
Design.
1. 
Bicycle racks must be designed to allow a bicycle frame to lock to it at two points of contact, except that spiral racks and wave racks with more than one loop are prohibited;
2. 
Bicycle racks must be securely anchored to the ground, wall, or other structure;
3. 
Bicycle parking spaces must be at least two and one-half feet in width and six feet in length and have an access aisle between each row of spaces that is at least five feet in width. Covered bicycle parking must provide a vertical clearance of seven feet; and
4. 
Bicycle parking spaces must be paved with a dust-free hard surface material.
D. 
Lighting. Lighting must be provided that meets the following standards:
1. 
All bicycle parking areas and paths providing access to these areas must be illuminated to a minimum level of 0.5 footcandles at all points, measured horizontally at the ground level.
2. 
Lighting luminaires must have a cutoff angle of 90 degrees or greater to ensure that lighting is directed toward the parking surface.
3. 
Lighting may not cause a light trespass of more than one-half footcandles measured vertically at the boundaries of the site.
(Ord. 17-22 §2; Ord. 18-23 §2; Ord. 18-28 §1; Ord. 19-09 §1; Ord. 22-06 §2; Ord. 22-10 §2)

§ 18.410.060 Vehicle and Bicycle Parking Quantity Standards.

Table 18.410.3
Vehicle and Bicycle Parking Quantity Standards
Parking space standards are calculated using the floor area for each use in a development unless otherwise stated.
Use Category
Vehicle Maximum
Bicycle Minimum
Residential Use
See applicable housing type development standards chapters in Part 18.200. The residential component of a mixed-use development must use the parking requirements for apartments.
Basic Utility
None
None
Cemetery
None
None
Detention Facility
None
1.0/2.5 beds
Government Services
3.4/1,000
0.5/1,000
Railroad Yard
None
None
School or Religious Facility
- Schools
Preschool:
7.0+1.0/classroom
Elementary/JR:
2.5/classroom
SR:
1.0/3.3 students/staff
Preschool:
1.0/classroom
Elementary/JR:
6.0/classroom
SR:
6.0/classroom
- Religious Facility
1.0/1.7 seats in main assembly area
1.0/20 seats in main assembly area
Temporary Shelter
None
1.0/5 beds
Transportation and Utility Corridor
None
None
Wireless Communications Facility
None
None
Adult Entertainment
3.5/1,000
1.0/1.25 seats
0.5/1,000
1.0/20 seats
Commercial Lodging
1.2/room
1.0/10 rooms
Indoor Sales and Services
-Sales and Repair-Oriented
5.0/1,000
0.3/1,000
- Personal Services-Oriented
3.0/1,000
1.0/1,000
- Bank with Drive Through
5.0/1,000
1.0/1,000
- Colleges
1.0/3.3 students/staff
1.0/3.3 students/staff
- Daycare
Home: None
Commercial: 2.7/1,000
Home: None
Commercial: 1.5/classroom
-Entertainment-Oriented
5.4/1,000
0.5/1,000
- Eating and Drinking
Fast food: 12.4/1,000
Other: 19.1/1,000
All: 1.0/1,000
- Movie Theater
1.0/2.5 seats
1.0/10 seats
Major Event Entertainment
1.0/2.5 seats or 1.0/5 ft of bench
1.0/10 seats or 40 ft of bench
Mobility Hub
4.0 + 2.0/service bay
0.2/1,000
Motor Vehicle Fuel Sales
4.0 + 2.0/service bay
0.2/1,000
Motor Vehicle Sales and Rental
1.3/1,000 but no less than 4
0.2/1,000 sales area
Motor Vehicle Servicing
2.3/1,000 but no less than 4
0.2/1,000
Non-Accessory Parking
None
None
Office
Non-medical: 3.4/1,000
Medical: 4.9/1,000
Non-medical: 0.5/1,000
Medical: 0.4/1,000
Outdoor Sales and Services
- Outdoor Sales, Personal Services, and Repair-Oriented
1.3/1,000 sales area
0.1/1,000 sales area
- Outdoor Entertainment-Oriented
4.5/1,000
0.4/1,000
Self-Service Storage
1.0/4 storage units
1.0/40 storage units
Industrial and Manufacturing
None
0.1/1,000
Off-Site Services
1.2/1,000
0.1/1,000
Warehouse and Distribution
< 150,000 sq ft: 0.8/1,000
> 150,000 sq ft: 0.4/1,000
All: 0.1/1,000
Waste-Related Facility
7.0
None
Wholesale and Equipment Rental
1.2/1,000
0.1/1,000
(Ord. 17-22 §2; Ord. 18-23 §2; Ord. 18-28 §1; Ord. 22-06 §2; Ord. 22-09 §2; Ord. 22-10 §2; Ord. 23-08, 12/5/2023; Ord. No. 24-05, 4/23/2024)

§ 18.420.010 Purpose.

This chapter establishes minimum standards for landscaping, screening, and tree canopy.
A. 
The purposes of landscaping standards are to:
1. 
Enhance the aesthetic and economic value of development and the community as a whole;
2. 
Unify new development with existing neighborhoods and establish a more pleasant community character; and
3. 
Reduce stormwater runoff by providing permeable surfaces.
B. 
The purposes of screening standards are to:
1. 
Soften and screen large-scale structures, parking lots, and other unsightly features from view, especially from the street frontage to create a more pleasant pedestrian experience; and
2. 
Reduce visual impacts and provide privacy between residential and nonresidential uses.
C. 
The purposes of tree canopy standards are to:
1. 
Maximize the aesthetic, environmental, and economic benefits that trees provide by preserving, managing, and enhancing existing trees and requiring planting of new trees; and
2. 
Implement the comprehensive plan goals and policies related to urban forestry.
(Ord. 18-28 §1)

§ 18.420.020 Applicability.

A. 
Landscaping standards. Landscaping standards apply to new and existing development that must provide a minimum amount of landscape area as required by the applicable development standards chapter.
B. 
Screening standards. Screening standards apply to new and existing development with uses or site improvements that must be screened from other uses or the street as required by the applicable development standards chapter.
C. 
Tree canopy standards. Site and parking lot tree canopy standards apply to the following types of new and existing development, except that parking lot tree canopy standards do not apply to subdivisions or partitions:
1. 
Subdivisions and partitions;
2. 
Apartments;
3. 
Nonresidential development, including mixed-use developments;
4. 
Wireless communication facilities; and
5. 
Mobile home parks.
(Ord. 18-28 §1)

§ 18.420.030 General Provisions.

A. 
All required trees must meet the city's Urban Forestry Manual (UFM) standards as follows:
1. 
Street trees must meet the street tree planting and maintenance standards in UFM Section 2 and street tree soil volume standards in UFM Section 12;
2. 
Parking lot trees must meet the parking lot tree canopy standards in UFM Section 13; and
3. 
All other trees must meet the tree canopy site plan requirements in UFM Section 10, Part 2.
B. 
Trees proposed to be preserved must be protected in a manner that meets the tree protection standards in UFM Section 10, Part 3.
C. 
Plants that are less than 18 inches in height at maturity, except lawn, are considered groundcover. Minimum container size at planting is either 4 inches or 1 gallon, and maximum plant spacing is either 1 foot or 2 feet on center, respectively.
D. 
Plants that are more than 18 inches in height but less than six feet in height at maturity are considered small or medium shrubs. Minimum container size at planting is 1 gallon, and maximum plant spacing is 3 feet on center.
E. 
Plants, excluding trees, that are more than six feet in height at maturity are considered large shrubs. Minimum container size at planting is 2 gallons, and maximum plant spacing is 7 feet on center.
F. 
Plants listed as invasive or noxious on the Portland Plant List are prohibited. Trees listed on the UFM Nuisance Tree List are prohibited.
G. 
All landscaping required by this chapter, including landscaping used to meet screening or tree canopy standards, must be maintained to applicable industry standards in perpetuity as provided in the most current version of the American National Standards Institute A300 Standards for Tree Care Operations.
H. 
All trees required by this chapter are subject to the city's urban forestry requirements regarding planting, maintenance, and removal of trees as provided in Title 8 of the Tigard Municipal Code.
(Ord. 18-28 §1)

§ 18.420.040 Landscaping Standards.

A. 
Landscaping standards are provided in Table 18.420.1.
B. 
Landscaping or other areas used to meet the minimum landscape area standard must be provided on the development site and may be met by any combination of the following:
1. 
Landscaping, including parking lot landscaping, that meets the L-1 or L-2 landscaping standard;
2. 
Landscaping that meets the S-2, S-3, or S-4 screening standard as provided in Table 18.420.2 where required by the applicable development standards chapter;
3. 
Any required above-ground vegetated stormwater facility; or
4. 
Other areas as specified by the applicable development standards chapter.
C. 
Landscaping in excess of the minimum landscape area standard does not have to meet the L-1 or L-2 landscaping standard.
Table 18.420.1
Landscaping Standards
Standard
Requirements
L-1
Any combination of trees, plants, or lawn with or without other natural or artificial landscaping elements such as ponds, fountains, lighting, benches, bridges, rocks, paths, sculptures, trellises, or screens.
L-2
• A minimum of 50% of the total required landscape area must include small, medium, or large shrubs;
• A maximum of 50% of the total required landscape area may include any combination of mulch, groundcover, lawn, or hardscape, except that hardscape areas may not cover more than 25% of the total required landscape area; and
• If tree canopy standards do not apply as provided in Subsection 18.420.020.C, then 1 tree must be provided for every 600 square feet of total required landscape area.
(Ord. 18-28 §1; Ord. 19-09 §1)

§ 18.420.050 Screening Standards.

A. 
Screening standards are provided in Table 18.420.2 and illustrated in Figures 18.420.1 and 2. These standards must be met as required by the applicable development standards chapter in 18.200 Residential Development Standards or 18.300 Nonresidential Development Standards.
B. 
The following items are exempt from the screening standards of this chapter:
1. 
Roof-mounted solar panels,
2. 
Above-ground vegetated stormwater facilities,
3. 
Utility poles, and
4. 
Accessory structures allowed by Paragraphs 18.210.030.A.2 and 18.310.030.A.2.
C. 
The following additional requirements apply to the S-1 screening standard:
1. 
Screening is required on all sides, except where access is taken. If access is provided by an opening without a gate or door, the opening must be oriented so that it is not visible from a public sidewalk;
2. 
Screening must be of an appropriate height and width so that the item to be screened is not visible from a public sidewalk.
3. 
Chain link fencing with slats and unfinished concrete blocks are prohibited where visible from a public sidewalk.
Table 18.420.2
Screening Standards
Standard
Minimum Depth
Requirements
S-1
N/A
• Service areas:
• Sight-obscuring fence or wall
Roof-mounted equipment or utilities:
• Parapet wall or sight-obscuring structure
Wall-mounted equipment or utilities:
• Architecturally incorporated into building or sight-obscuring fence, wall, or structure
S-2
5 feet
Groundcover and small or medium evergreen shrubs.
S-3
5 feet
• Sight-obscuring fence or wall a minimum of 6 feet in height; and
• Approved trees from UFM Appendix 2 – 5 spaced appropriately based on tree stature.
S-4
8 feet
• Sight-obscuring fence, wall, or berm that is a minimum of 3 feet in height or evergreen hedge that will be a minimum of 3 feet in height at time of maturity;
• Approved trees from UFM Appendix 2 – 5 spaced appropriately based on tree stature; and
• If a hedge is provided, then groundcover evenly distributed along the entire length of the screen; or
• If a hedge is not provided, then small and medium shrubs and groundcover evenly distributed along the entire length of the screen.
Figure 18.420.1 S-3 Screening Standard
Title 18-Image-45.tif
Figure 18.420.2 S-4 Screening Standard
Title 18-Image-46.tif
(Ord. 18-28 §1)

§ 18.420.060 Tree Canopy Standards.

A. 
Site tree canopy standards, which are stated as a percentage of effective tree canopy cover for an entire site, are provided in UFM Section 10, Part 3, Subparts N and O. Parking lot tree canopy standards are provided below.
B. 
An urban forestry plan is required to demonstrate compliance with site and parking lot tree canopy standards and must meet the requirements of UFM Sections 10 through 13. An urban forestry plan must:
1. 
Be coordinated and approved by a project landscape architect or project arborist, i.e. a person that is both a certified arborist and tree risk assessor, except that land partitions may demonstrate compliance with effective tree canopy cover and soil volume requirements by planting street trees in open soil volumes only;
2. 
Demonstrate compliance with UFM tree preservation and removal site plan standards;
3. 
Demonstrate compliance with UFM tree canopy and supplemental report standards and provide the minimum effective tree canopy cover;
4. 
Demonstrate compliance with parking lot tree canopy standards of Section 18.410.030.M; and
5. 
Include street trees where right-of-way improvements are required by Chapter 18.910, Improvement Standards.
a. 
The minimum number of required street trees is determined by dividing the length in feet of the site's street frontage by 40 feet. When the result is a fraction, the minimum number of street trees is the nearest whole number. More than the minimum number of street trees may be required along the site's frontage depending upon the stature of trees chosen and the specific spacing standards for the chosen trees.
b. 
Street trees must be planted within the right-of-way wherever practicable. Street trees may be planted a maximum of six feet from the right-of-way when planting within the right-of-way is not practicable as determined by the City Engineer.
c. 
An existing tree may be used to meet the street tree standards provided that:
i. 
The largest percentage of the tree trunk immediately above the trunk flare or root buttresses is either within the subject site or within the right-of-way immediately adjacent to the subject site; and
ii. 
The tree would be permitted as a street tree in compliance with UFM street tree planting and soil volume standards if it were newly planted.
C. 
Fee in lieu of planting.
1. 
The applicant may choose to provide a fee-in-lieu when the tree canopy requirement is not met in compliance with UFM Section 10, Part 4.
2. 
If it is not practicable to provide the minimum number of required street trees then the applicant must pay a fee to the city for tree planting and early establishment in an amount equivalent to the city's cost to plant and maintain a street tree for three years for each tree below the minimum required.
3. 
Tree canopy fees provided to the city will be deposited into the urban forestry fund and used as approved by City Council through a resolution.
D. 
Urban forestry plan discretionary review. In lieu of providing payment of a tree canopy fee when less than the standard effective tree canopy cover will be provided, an applicant may apply for a discretionary urban forestry plan review. The discretionary urban forestry plan review cannot be used to modify an already approved urban forestry plan, any tree preservation or tree planting requirements established as part of another land use approval, or any tree preservation or tree planting requirements required by another chapter in this title.
1. 
Approval process. Discretionary urban forestry plan reviews will be processed through a Type III procedure, as provided in Section 18.710.080, using approval criteria in Paragraph 18.420.060.D.2. When a discretionary urban forestry plan review is submitted for concurrent review with a land use application that requires a Type III review, the approval authority will be the one designated for the land use application. If the discretionary urban forestry plan review is not concurrent with a land use application that requires a Type III review, then the approval authority will be the Hearings Officer.
2. 
Approval criteria. A discretionary urban forestry plan review application will be approved when the approval authority finds that the applicable approval criteria are met. The applicant must demonstrate that the proposed plan will equally or better replace the environmental functions and values that would otherwise be provided through payment of a tree canopy fee in lieu of tree planting or preservation. Preference will be given to projects that will receive certifications by third parties for various combinations of proposed alternatives such as:
a. 
Techniques that minimize hydrological impacts beyond regulatory requirements such as those detailed in Clean Water Services Low Impact Development Approaches (LIDA) Handbook, including, but not limited to, porous pavement, green roofs, infiltration planters/rain gardens, flow through planters, LIDA swales, vegetated filter strips, vegetated swales, extended dry basins, and constructed water quality wetlands;
b. 
Techniques that minimize reliance on fossil fuels and production of greenhouse gases beyond regulatory requirements through the use of energy efficient building technologies and on-site energy production technologies; and
c. 
Techniques that preserve and enhance wildlife habitat beyond regulatory requirements, including, but not limited to, the use of native plant species in landscape design, removal of invasive plant species, and restoration of native habitat and preservation of habitat through the use of conservation easements or other protective instruments.
3. 
Decision. The discretionary urban forestry plan review decision will be incorporated into the decision of the land use application. The discretionary urban forestry plan approved in this section will supersede and replace any conflicting requirements in this chapter; however, all of the non-conflicting requirements in this chapter continue to apply.
E. 
Urban forestry plan implementation.
1. 
Implementation of the urban forestry plan must be inspected, documented, and reported by the project arborist or landscape architect in compliance with the inspection requirements in UFM Section 11, Part 1, wherever an urban forestry plan is in effect. In addition, no person may refuse entry or access to the Director for the purpose.
2. 
The establishment of all trees shown to be planted in the tree canopy site plan and supplemental report of a previously approved urban forestry plan must be guaranteed and required in compliance with the tree establishment requirements in UFM Section 11, Part 2.
3. 
Spatial and species-specific data must be collected in compliance with the urban forestry inventory requirements in UFM Section 11, Part 3 for each open grown tree and area of stand grown trees in the tree canopy site plan and supplemental report of a previously approved urban forestry plan.
4. 
An urban forestry plan will be in effect from the point of land use approval until the Director determines all applicable urban forestry plan conditions of approval and code requirements have been met.
F. 
Urban forestry plan modification. Except as exempted in Paragraph 18.420.060.F.1, an application to modify the urban forestry plan component of a land use approval is processed through a Type I procedure, as provided in Section 18.710.050, using the approval criteria in Paragraph 18.420.060.F.2.
1. 
Exemptions. The following are exempt from a Type I modification application to the urban forestry plan component of a land use approval:
a. 
Removal of any tree shown as preserved in the tree canopy site plan and supplemental report of a previously approved urban forestry plan provided that:
i. 
The project arborist or landscape architect provides a written report prior to removal attesting that either the condition rating or suitability of preservation rating, as provided in the city's Urban Forestry Manual, of the tree has changed to a rating of less than 2; and
ii. 
A revised tree canopy site plan and supplemental report are submitted for review and approval prior to removal that reflect the proposed changes to the previously approved urban forestry plan. The revised tree canopy site plan and supplemental report must demonstrate how the effective tree canopy cover requirements will be provided by tree planting, preservation, or payment of a tree canopy fee in lieu of planting or preservation.
b. 
Modification of the quantity, location, or species of trees to be planted in the tree canopy site plan and supplemental report of a previously approved urban forestry plan provided that:
i. 
The modification results in the same or greater amount of future tree canopy through tree planting as the previously approved urban forestry plan for the lot or tract where the modification is proposed;
ii. 
Payment of a tree canopy fee in lieu of planting is not proposed as part of the modification; and
iii. 
A revised tree canopy site plan and supplemental report are submitted for review and approval prior to planting that reflect the proposed changes to the previously approved urban forestry plan.
c. 
Modification of the tree protection fencing location in the tree preservation and removal site plan, tree canopy site plan, and supplemental report of a previously approved urban forestry plan provided that:
i. 
The project arborist or landscape architect provides a written report prior to modification of the tree protection fencing describing how the proposed modification will continue to protect the viability of the trees shown as preserved in the previously approved urban forestry plan; and
ii. 
A revised tree preservation and removal site plan, tree canopy site plan, and supplemental report are submitted for review and approval prior to modification of the tree protection fencing that reflect the proposed modifications to the previously approved urban forestry plan.
2. 
Approval criteria. The approval authority will approve or approve with conditions the modification to the urban forestry plan component of a land use approval when all of the following are met:
a. 
The project arborist or landscape architect has provided a report and statement certifying that the previously approved urban forestry plan did not account for the circumstances that led to the proposed modification;
b. 
The project arborist or landscape architect has provided a report and statement certifying that there is no practicable alternative to the proposed modification; and
c. 
The project arborist or landscape architect demonstrates compliance with Subsection 18.420.060.B through a modified urban forestry plan.
(Ord. 18-28 §1; Ord. 22-06 §2; Ord. 23-08, 12/5/2023)

§ 18.430.010 Purpose.

The purpose of this chapter is to apply specific development standards to marijuana facilities in order to:
A. 
Protect the general health, safety, property, and welfare of the public;
B. 
Balance the right of individuals to produce and access marijuana and marijuana derivatives consistent with state law, with the need to minimize adverse impacts to nearby properties that may result from the production, storage, distribution, sale, or use of marijuana and derivatives;
C. 
Prevent or reduce criminal activity that may result in harm to persons or property;
D. 
Prevent or reduce diversion of state-licensed marijuana and marijuana derivatives to minors; and
E. 
Minimize impacts to the city's public safety services by reducing calls for service.
(Ord. 17-22 §2)

§ 18.430.020 Applicability.

A. 
Relationship to other standards. The regulations within this chapter are in addition to the applicable development standards chapter in 18.200 Residential Development Standards or 18.300 Nonresidential Development Standards. Sites within overlay zones, plan districts, inventoried hazards, or sensitive lands are subject to additional regulations. Specific uses or development types may also be subject to regulations as provided elsewhere in this title.
B. 
When provisions apply. The provisions of this chapter apply to all marijuana facilities requiring a state license or registration and public places of assembly where marijuana is consumed.
(Ord. 17-22 §2; Ord. 18-23 §2; Ord. 18-28 §1)

§ 18.430.030 Approval Process and Documentation.

A. 
Approval process. Marijuana facility applications are processed through a Type I procedure, as provided in Section 18.710.050.
B. 
Documentation. The following provisions apply at the time of minimum compliance review or a request for enforcement:
1. 
When processing a minimum compliance review, the city may accept an evaluation and explanation certified by a registered engineer or architect, as appropriate, that the proposed development will meet the off-site odor impact standard. The evaluation and explanation must provide a description of the use or activity, equipment, processes, and the mechanisms, or equipment used to avoid or mitigate off-site impacts.
2. 
If the city does not have the equipment or expertise to measure and evaluate a specific complaint regarding off-site impacts, it may request assistance from another agency or may contract with an independent expert to perform the necessary measurements. The city may accept measurements made by an independent expert hired by the controller or operator of the off-site impact source.
(Ord. 17-22 §2; Ord. 18-23 §2; Ord. 18-28 §1; Ord. 19-09 §1)

§ 18.430.040 Approval Criteria.

The approval authority will approve or approve with conditions a marijuana facility application when all of the standards in Section 18.430.050 are met.
(Ord. 19-09 §1)

§ 18.430.050 Development Standards.

A. 
The proposed development must comply with all applicable state requirements and requirements of this title.
B. 
The proposed development must meet all of the following site location restrictions. All distances are measured at the closest property lines between the proposed site and nearest lot containing the specified use or characteristic.
1. 
Marijuana facilities are prohibited within the MU-CBD and TMU zones.
2. 
Marijuana facilities are prohibited within 1,000 feet of a public or private elementary school, secondary school, or career school attended primarily by minors.
3. 
Sale-Oriented Retail and Wholesale Sales uses open to the public are subject to the following restrictions:
a. 
The use must be located on a lot with frontage along Pacific Highway (Oregon Route 99W), and with primary entrances clearly visible from the Pacific Highway right-of-way;
b. 
Marijuana facilities are prohibited within 1,000 feet of another state-licensed retail or wholesale marijuana facility within or outside of city limits; and
c. 
Marijuana facilities are prohibited within 500 feet of a public library or the Parks and Recreation zone.
4. 
Non-retail uses and Wholesale Sales uses not open to the public are prohibited within 500 feet of one or more of the following zones or facilities:
a. 
Residential zone;
b. 
Parks and Recreation zone; or
c. 
Public library.
C. 
Hours of commercial operation are limited to the hours between 7:00 am and 10:00 pm. General Industrial uses with no on-site retail activity are exempt from this restriction.
D. 
The proposed development must be located inside a building and may not be located within a trailer, shipping container, cargo container, tent, or motor vehicle. Outdoor storage of merchandise, plants, or other materials is prohibited.
E. 
Parking lots, primary entrances, and exterior walkways must be illuminated with downward facing security lighting to provide after-dark visibility to employees and patrons. Fixtures must be located so that light patterns overlap at a height of 7 feet with a minimum illumination level of 1.0 footcandles at the darkest spot on the ground surface.
F. 
Drive-through marijuana facilities are prohibited.
G. 
The proposed development must confine all marijuana odors and other objectionable odors to levels undetectable at the property line.
H. 
Marijuana or marijuana products must not be visible from the exterior of the building or structure.
(Ord. 17-22 §2; Ord. 18-23 §2; Ord. 19-09 §1)

§ 18.435.010 Purpose.

A. 
Purpose. The purpose of this chapter 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 ensure for safe construction, location, erection, and maintenance of signs;
5. 
To prevent proliferation of signs and sign clutter;
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; and
8. 
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.
B. 
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.
(Ord. 17-22 §2; Ord. 17-25 §3)

§ 18.435.012 Effective Date of this Chapter.

All references made in this chapter to the effective date of this chapter mean November 9, 1983, unless otherwise specifically stated in an ordinance revision.
(Ord. 17-22 §2; Ord. 18-23 §2)

§ 18.435.015 Definitions.

A. 
Definitions. These definitions are specific to this chapter and are in addition to Chapter 18.30, Definitions.
"A-frame sign" -
See "Temporary sign."
"Abandoned sign" -
A structure not containing a message or image for 90 continuous days or a sign not in use for 90 continuous days.
"Area" -
See Section 18.435.085 for definition of sign area.
"Awning sign" -
A sign incorporated into or attached to an awning.
"Balloon" -
See "Temporary sign."
"Banner" -
See "Temporary sign."
"Bench sign" -
A bench designed to seat people with a sign painted or affixed on the surface.
"Billboard" -
A sign of at least 500 square feet on which space is leased or rented.
"Building face" -
All street-facing wall areas in one or more parallel planes, including windows and building projections.
"Cultural institution auxiliary sign" -
A sign placed and maintained by, or on behalf of, a subordinate commercial use in a cultural institution.
"Cutout" -
Letters, figures, characters, or representations in cutout or irregular form attached to or superimposed upon a sign.
"Directional sign" -
A permanent sign designed and erected solely for the purpose of traffic or pedestrian direction.
"Display surface" -
The area made available by the sign structure for the purpose of displaying the message or image.
"Electronic information sign" -
A sign with lighted changeable copy or message that changes at set intervals, each lasting more than two seconds, by electronic process or remote control. This type of sign is also known as an automatic changeable copy sign or electronic variable message center. An electronic information sign is not a reader-board sign or a rotating, revolving or moving sign.
"Entryway sign" -
A sign placed by or on behalf of the city at an entry to the city.
"Flag" -
A sign made of nonrigid material with no rigid internal or enclosing framework, attached to a pole along a single straight side of the sign such that the sign remains unattached along the remaining sides and can move in the wind. Flags are not considered rotating, revolving, or moving signs for the purposes of this chapter.
"Flashing sign" -
Any sign that is illuminated by an intermittent or sequential flashing light source with an interval cycle that is two seconds or less in duration or is animated in any way so as to create the illusion of movement without actual physical movement or the illusion of a flashing or intermittent light or light source.
"Flush pitched roof sign" -
A type of wall sign attached to a mansard or similar type of vertically aligned roof.
"Freestanding sign" -
A sign erected and mounted on a freestanding frame, mast, or pole and not attached to any building.
"Freeway interchange" -
Any intersection of an exit off-ramp of Interstate Highway 5 or State Highway 217 with a city street.
"Freeway-oriented sign" -
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. Interstate 5 and Oregon State Highway 217 are freeways, and Highway 99W is not a freeway.
"Immediate or serious danger" -
a. 
Whenever any portion of the structure is damaged by fire, earthquake, wind, flood or other cause, 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 0.5 of that specified in the state building code for this type structure or similar structure, and will not exceed the working stresses allowed in the state building code for such structures; or
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.
"Industrial park" -
A development in an industrial zone that includes two or more industrial or commercial uses on a campus.
"Lawn sign" -
See "Temporary sign."
"Lighting methods" -
a. 
Direct lighting is where the light source is plainly visible on the sign face and not concealed within or separate from the sign. Examples include neon tube lighting and light-emitting diodes on an electronic information sign;
b. 
Indirect or external lighting is where the light source is separate from the sign face or cabinet and is designed to shine on the sign; and
c. 
Internal lighting is where the light source is concealed within the sign face or cabinet and is designed to illuminate the sign from within.
"Maintenance" -
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.
"Nonconforming sign" -
A sign or sign structure lawfully erected and properly maintained that would not be allowed under the sign regulations presently applicable to the site.
"Non-structural trim" -
The moldings, battens, caps, nailing strips, latticing, letters, and walkways that are attached to a sign structure.
"Painted wall decorations" -
Displays painted directly on a wall, designed and intended as a decorative or ornamental feature. Decorations may also include lighting.
"Painted wall highlights" -
Painted areas that highlight a building's architectural or structural features.
"Painted wall sign" -
A sign applied to a building wall with paint that has no sign structure.
"Premises" -
One or more lots on which buildings or site improvements may exist that are designed as a unit.
"Projecting sign" -
A sign, or any portion of a sign, attached to a building that is not parallel to the building face or that projects more than 18 inches from the wall plane of the building face. A projecting sign may be attached to a wall or a building projection, such as a marquee, balcony, or awning; however, the amount of the projection is measured from the wall plane in all cases and not the building projection to which the sign may be attached. A projecting sign may not extend above the building face to which it is attached, except where there is an existing parapet.
"Reader-board sign" -
A sign with changeable copy or message that is changed manually, not electronically. A reader-board sign is not an electronic information sign.
"Roof line" -
The top edge of a roof or building parapet, whichever is higher, excluding any cupolas, chimneys, or other minor projections.
"Roof sign" -
A sign erected fully upon or directly above a roof line or parapet of a building or structure.
"Rotating, revolving, or moving sign" -
Any sign or portion of a sign that moves in any manner including, but not limited to, movement caused by wind, machines, or persons.
"Shopping center" -
A development of not less than eight business units.
"Shopping plaza" -
A development of between two and seven business units.
"Sign" -
Materials placed or constructed primarily to convey a message with symbols, logos, letters, or other displays that can be viewed from the public right-of-way, another property, or the air.
"Sign projection" -
The distance by which a sign extends from a building.
"Sign structure" -
Any structure that supports or is capable of supporting any sign as described in the state building code. A sign structure may be a single pole and may or may not be an integral part of a building. Sign structures are not buildings.
"Structural alteration" -
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.
"Temporary sign" -
Any sign that is not permanently erected or affixed to the ground or any structure or building:
a. 
A balloon sign is an inflatable, stationary sign anchored by some means to a structure or the ground. Examples include simple children's balloons, hot and cold air balloons, blimps and other dirigibles;
b. 
A banner is a sign made of fabric or other nonrigid material with no enclosing framework;
c. 
A lawn sign is a rigid sign supported by one or more sticks, posts, or rods inserted into the ground or a weighted base; or
d. 
An A-frame sign is a freestanding sign with two possible sign faces supported by a rigid frame in the shape of an "A."
"Wall sign" -
A sign attached to or painted on the wall plane of a building face with the exposed face of the sign in a plane parallel to the building face and that projects 18 inches or less from the wall plane of the building face.
"Window sign" -
A sign placed on the inside of a window. A sign placed on the outside of a window is considered a wall sign.
(Ord. 17-22 §2; Ord. 17-25 §3; Ord. 18-23 §2; Ord. 19-09 §1)

§ 18.435.020 Permits.

A. 
Compliance required. All signs or sign structures erected, re-erected, constructed, structurally altered, or relocated within the city limits must comply with the standards and provisions of this chapter.
B. 
Sign permits.
1. 
All permanent signs require a sign permit, except those that are exempted by Section 18.435.060. All temporary signs require a temporary sign permit as provided by Section 18.435.100, except those that are exempted by Section 18.435.060. A-frame signs allowed by Paragraph 18.435.130.G.6 are treated as permanent signs for permitting purposes.
2. 
Each sign or group of signs on a single supporting structure, including sign alterations not exempted by Section 18.435.060, require a separate sign permit.
C. 
Retroactive sign permits. The Director may require an application for sign permits for all signage at a given address if no existing permits previously had been approved or documented.
D. 
Encroachment permits. In addition to any required sign permits, Chapter 15.16 of the Tigard Municipal Code requires an encroachment permit for any sign allowed in the public right-of-way by this chapter.
(Ord. 17-22 §2; Ord. 17-25 §3; Ord. 18-23 §2; Ord. 18-28 §1)

§ 18.435.030 Approval Process.

Approval process. Sign permit applications are processed through a Type I procedure, as provided in Section 18.710.050. The approval authority will approve or approve with conditions a sign application when the applicable standards of this chapter and the sign standards of any applicable plan district are met.
(Ord. 17-22 §2; Ord. 17-25 §3; Ord. 18-23 §2; Ord. 19-09 §1)

§ 18.435.040 Approval Period.

A. 
Approval period. Sign permit approvals are effective for a period of 90 days from the date of approval.
B. 
Expiration. A sign permit approval expires if:
1. 
Substantial construction of the approved sign has not begun within the 90-day period; or
2. 
Construction on the site is a departure from the approved permit.
C. 
Extension of approval. The approval authority will, upon written request by the applicant, grant an extension of the approval period not to exceed 90 days provided that:
1. 
No changes are proposed to the original approved sign permit;
2. 
The applicant can show intent of initiating construction of the sign within the 90-day extension period; and
3. 
There have been no changes in the applicable policies and ordinance provisions and state building code provisions on which the approval was based.
(Ord. 17-22 §2; Ord. 17-25 §3; Ord. 18-23 §2)

§ 18.435.050 Inspections.

The Director is authorized to enforce all of the provisions of this chapter. All signs for which permits are required may be inspected by the Director; upon presentation of proper credentials, the Director may enter at reasonable times any building, structure, or premises in the city to perform any duty imposed upon the position by this chapter.
(Ord. 17-22 §2; Ord. 17-25 §3; Ord. 18-23 §2)

§ 18.435.060 Permit Exempt Signs.

A. 
Exemptions from permit requirements. The following signs and operations do not require a sign permit but must comply with all other applicable regulations of this chapter and Subsection 18.435.060.B:
1. 
Lawn and A-frame signs in residential zones, with the following restrictions:
a. 
Multiple lawn and A-frame signs are allowed per premises and must be spaced at least 50 feet apart.
b. 
The total maximum sign area for lawn signs in the RES-A, RES-B, and RES-C zones is 12 square feet per sign face and 24 square feet for all sign faces per premises. The total maximum sign area for lawn signs in all other residential zones is 24 square feet for all sign faces per premises.
c. 
The total maximum sign area for A-frame signs in all residential zones is six square feet per sign face and 12 square feet for all sign faces. A-frame signs may be displayed only between the hours of 8 a.m. and 6 p.m.
d. 
Lawn and A-frame signs in residential zones are allowed only on private property and not within the public right-of-way or the clear vision area as provided in Chapter 18.930, Vision Clearance Areas.
2. 
Signs not oriented or intended to be legible from a right-of-way, other property, or the air;
3. 
Signs inside a building, except for flashing signs visible from a right-of-way, other property, or the air;
4. 
Painted wall decorations;
5. 
Painted wall highlights;
6. 
Window signs;
7. 
Directional signs on private property or directional signs in the public right-of-way that are legally erected by or on behalf of a government agency or road authority;
8. 
Flags in nonresidential zones up to a maximum area of 40 square feet per flag, and 120 square feet per site, displayed from permanent freestanding or wall-mounted flagpoles that are designed to allow the flags to be raised and lowered;
9. 
Flags in residential zones with a maximum area of 15 square feet per site, displayed from temporary freestanding or wall-mounted flagpoles;
10. 
Sign repair, maintenance, or change of copy or message that does not involve a change of sign size, height, type, or location;
11. 
Signs affected by stipulated judgments to which the city is a party that is entered by courts of competent jurisdiction; and
12. 
Banner signs in the right-of-way in the MU-CBD zone, with the following restrictions:
a. 
The maximum sign area is 140 square feet per sign face, and
b. 
The maximum length of display is 60 continuous days.
B. 
Requirements for exempted signs. All signs exempted from sign permits in Subsection 18.435.060.A must be placed on private property, and only with the consent of the property owner, except where expressly allowed on utility poles or in the public right-of-way.
C. 
Legally required signs. Nothing in this title prevents the erection, location, or construction of signs on private property where such erection, location, or construction is required by any law or ordinance. Nor is any public agency or utility prohibited from erecting signs on private property when otherwise authorized. No sign permit or fee is required for such signs.
(Ord. 17-22 §2; Ord. 17-25 §3; Ord. 18-23 §2; Ord. 18-28 §1; Ord. 19-09 §1; Ord. 22-06 §2)

§ 18.435.070 Prohibited Signs.

A. 
Unsafe or improperly maintained signs. All signs must be constructed, erected, and maintained to withstand the wind, seismic, or other applicable requirements in the state building code or this title.
B. 
Unauthorized traffic signs. The following signs are prohibited:
1. 
Signs that interfere with, obstruct the view of, or could be confused with any authorized traffic sign, signal, or device by reason of position, shape, or color; and
2. 
Signs that make use of the word "stop," "look," "danger," or any other similar word, phrase, symbol, or character that is likely to interfere with, mislead, or confuse motorists.
C. 
Obscene signs. Signs containing 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 are prohibited.
D. 
Obstructing signs.
1. 
Signs or sign structures may not be constructed or located in a manner that obstructs access to any fire escape or other means of ingress or egress from a building or any exit corridor, hallway, or doorway. Signs or sign structures may not cover, wholly or partially, any window or doorway in any manner that substantially limits access to the building in case of fire or other emergency; and
2. 
Signs or sign structures at any street intersection must comply with Chapter 18.930, Vision Clearance Areas.
E. 
Roof signs. Roof signs are prohibited, except for temporary balloon signs allowed by Section 18.435.100, flush-pitched roof signs allowed by Subsection 18.435.090.F, and pedestrian-oriented roof signs allowed by Paragraph 18.435.130.G.5.
F. 
Revolving, rotating, or moving signs. Revolving, rotating, or moving signs are prohibited, except for temporary banners or balloons allowed by Section 18.435.100.
G. 
Flashing signs. Flashing signs of any kind are prohibited, including, but not limited to, strobe lights.
H. 
Right-of-way signs. Signs in the public right-of-way in whole or in part are prohibited, except for signs legally erected for informational purposes by or on behalf of a government agency, bench signs allowed by Subsection 18.435.090.B, awning signs allowed by Subsection 18.435.090.E, temporary banners allowed by Paragraph 18.435.060.A.12, or signs allowed by Subparagraph 18.435.130.G.1.c in the TMU and MU-CBD zones. Any sign that projects into or is located in City of Tigard right-of-way is subject to approval by the City Engineer. Signs may not project into or be located in Oregon Department of Transportation right-of-way.
I. 
Billboards. Billboards are prohibited.
(Ord. 17-22 §2; Ord. 17-25 §3; Ord. 18-23 §2; Ord. 18-28 §1; Ord. 19-09 §1)

§ 18.435.080 Sign Illumination.

A. 
Surface brightness. The surface brightness of any sign is limited to that produced by the diffused output obtained from 800 milliampere fluorescent light sources spaced not closer than 8 inches, center on center.
B. 
No exposed incandescent lamps. Exposed lamps that exceed the equivalent of a 25 watt incandescent lamp are prohibited on the exterior surface of any sign in a manner that exposes the face of such bulb or lamp to any public street or public right-of-way, with the exception of allowed electronic information signs.
(Ord. 17-22 §2; Ord. 18-23 §2)

§ 18.435.085 Sign Measurement.

A. 
Projecting and freestanding signs.
1. 
The area of a freestanding or projecting sign includes all sign faces counted in calculating its area. Regardless of the number of sign cabinets or sign faces, the total allowable area must not be exceeded.
2. 
The area of a projecting or freestanding sign is measured as follows:
a. 
The area around and enclosing the perimeter of each sign cabinet, face, or module is summed and then totaled to determine total area. The perimeter of measurable area does not include embellishments such as pole covers, framing and decorative roofing, provided there is no written advertising copy, symbols, or logos on such embellishments;
b. 
If the sign is composed of more than two sign cabinets, faces, or modules, the area enclosing the entire perimeter of all cabinets, faces, or modules within a single, continuous geometric figure is the area of the sign. Pole covers and other embellishments are not included in the area of the sign measurement if they do not bear written advertising copy, symbols, or logos; and
c. 
The overall height of a freestanding sign or sign structure is measured from the grade directly below the sign to the highest point of the sign or sign structure and includes architectural and structural embellishments.
B. 
Wall signs and flush-pitched roof signs.
1. 
The area of a wall sign is measured as follows:
a. 
The area around and enclosing the perimeter of each sign cabinet, face, or module is summed and then totaled to determine total area. The perimeter of measurable area does not include embellishments such as pole covers, framing, and decorative roofing, provided there is no written advertising copy, symbols, or logos on such embellishments;
b. 
If the sign is composed of individual letters or symbols using the wall as the background with or without added decoration, the total sign area is calculated by measuring the area within the perimeter of all symbols and letters or other decoration including logos; and
c. 
Measurement of the wall area pertaining to flush pitched roof signs is calculated as if the sign were mounted directly on the wall face immediately below the sign.
C. 
Awning signs.
1. 
If an awning sign meets the definition of a wall sign as provided in Subsection 18.435.015.A, it is measured as a wall sign as described in Subsection 18.435.085.B as if the sign were mounted directly on the building face.
2. 
If an awning sign meets the definition of a projecting sign as provided in Subsection 18.435.015.A, it is measured as a projecting sign as described in Subsection 18.435.085.A.
(Ord. 17-22 §2; Ord. 17-25 §3; Ord. 18-23 §2)

§ 18.435.090 Special Condition Signs.

A. 
Applicability. Special condition signs have special or unique dimensional, locational, illumination, maximum number, or other requirements imposed upon them in addition to the regulations contained in this chapter.
B. 
Bench signs.
1. 
Bench signs are allowed only at designated transit stops in commercial, industrial, RES-D and RES-E zones where no bus shelter exists, subject to the following:
a. 
No more than one bench sign is allowed per transit stop;
b. 
Placement of the bench sign must not interfere with pedestrian traffic or be located within a vision clearance area or a public right-of-way except where approved by the City Engineer;
c. 
Application for a bench sign must include the signature of the property owner, proof of liability insurance, and any required permits from the state highway division or Washington County, where applicable; and
d. 
The sign area is limited to a total of 14 square feet.
C. 
Electronic information signs.
1. 
Electronic information signs are allowed only in the COM, MUC, TMU, and MU-CBD zones, and at schools that front an arterial street provided the sign is a minimum of 200 feet from an abutting residential use and is oriented to the arterial street.
2. 
The standards for electronic information signs in TMU and MU-CBD zones are provided in Subparagraph 18.435.130.G.1.a.
3. 
The standards for electronic information signs in all other zones and for schools are provided below.
a. 
The maximum height and area of an electronic information sign are provided in Section 18.435.130 and any other applicable standards of this title;
b. 
Electronic information signs are not allowed to substitute for a nonconforming sign or be mounted upon a nonconforming sign or sign structure, unless the sign and sign structure are brought into compliance with all of the provisions of this title;
c. 
An electronic information sign may be allowed to substitute for one freestanding sign or one wall sign except in the MUC zone where an electronic information sign may only be substituted for one freestanding sign and no other sign type. An electronic information sign is not allowed to substitute for any other sign type, and is not allowed to replace or supplement a billboard, freeway-oriented sign, or any other sign type other than those specifically allowed above;
d. 
One electronic information sign is allowed per premises; and
e. 
With regard to light patterns:
i. 
Traveling light patterns ("chaser effect") are prohibited, and
ii. 
Messages and animation must be displayed at intervals of greater than two seconds in duration.
D. 
Freestanding freeway-oriented signs.
1. 
For signs requiring a permit under the Oregon Motorist Information Act, the city will provide the applicant the affidavits required under the provisions of ORS 377.723 only after a local sign permit has been approved.
2. 
Freeway-oriented signs are allowed only in the COM, MUE, TMU, and IND zones.
3. 
Freeway-oriented signs must be located within 200 feet of Highway 217 or Interstate 5 rights-of-way.
4. 
A maximum of one freeway-oriented sign is allowed per premises.
5. 
The maximum height of a freeway-oriented sign is 35 feet from the ground level at its base.
6. 
The maximum area of a freeway-oriented sign is 160 square feet per face and a total of 320 square feet for all faces.
7. 
Freeway-oriented signs must be oriented to be viewed from the freeway.
8. 
In addition to a freeway-oriented sign, each lot, development complex, or premises is 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 only allowed as freestanding signs and are not allowed as any other sign type.
E. 
Awning signs.
1. 
Awning signs are allowed in all base zones. Regardless of how an awning sign is measured, as provided in Subsection 18.435.085.C, the total awning sign area counts toward the total wall sign area allowance as provided in the applicable base zone sign regulations in Section 18.435.130, except for awning signs in the TMU and MU-CBD zones. The total awning sign area in these zones counts toward the total projecting sign area allowance as provided in Paragraph 18.435.130.G.4.
2. 
The standards for awning signs in TMU and MU-CBD zones are provided in Paragraph 18.435.130.G.4.
3. 
The standards for awning signs in all other zones are provided below.
a. 
The copy on awning signs may extend above the upper surfaces of the awning structure, provided it does not extend above the roof of the associated building. They may be hung below the awning if the sign clears the sidewalk by at least 8.5 feet;
b. 
Awning signs may be internally or externally illuminated; and
c. 
If approved by the City Engineer through an encroachment permit, awning signs may extend into the public right-of-way 6.5 feet or 2/3 of the distance to the roadway, whichever is less. However, a sign may not extend within two feet of the nearest vehicle travel lane.
F. 
Flush pitched roof signs.
1. 
Flush pitched roof signs are allowed in all base zones except residential zones;
2. 
Flush pitched roof signs may not extend more than six inches above the roof line;
3. 
Flush pitched roof signs must be parallel to the building face and may not extend beyond the sides of the building face;
4. 
Flush pitched roof signs must be attached to a mansard or other near vertical roof where the roof angle is greater than 45 degrees from horizontal; and
5. 
Flush pitched roof signs are a type of wall sign, and all code provisions applicable to wall signs apply to this type of sign.
G. 
Painted wall signs. Wall signs, including symbols or logos, which are painted directly onto the wall surface may not exceed in gross wall area the percentage allowed for a wall sign in the applicable base zone.
H. 
Entryway signs. Entryway signs are allowed in all base zones.
I. 
Cultural institution auxiliary signs.
1. 
Cultural institution auxiliary signs are allowed in all base zones.
2. 
Cultural institution auxiliary signs are limited to one sign and must be either within the same sign structure as another freestanding sign on the property where the cultural institution is located or on a wall of the primary building of the cultural institution. A wall sign must be consistent in structure and materials with any existing wall sign on the cultural institution. The sign area of a cultural institution auxiliary sign is limited to four square feet per face.
(Ord. 17-22 §2; Ord. 17-25 §3; Ord. 18-23 §2; Ord. 20-01 §1; Ord. 22-06 §2; Ord. No. 24-05, 4/23/2024)

§ 18.435.100 Temporary Signs.

A. 
Applicability. All temporary signs listed in Paragraph 18.435.015.A.44 require a temporary sign permit except for the following:
1. 
Lawn and A-frame signs in residential zones exempted by Paragraph 18.435.060.A.1.
2. 
A-frame signs in MU-CBD and TMU zones allowed by Paragraph 18.435.130.F.6.
3. 
Banner signs in the right-of-way in the MU-CBD zone exempted by Paragraph 18.435.060.A.11.
B. 
Expiration of approvals.
1. 
A temporary sign permit is issued for a period of 30 days or less. The approval authority may attach conditions to the permit as necessary to ensure discontinuance of the use of the sign; and
2. 
A temporary sign permit may be reissued by the approval authority for two additional periods of 30 days each per calendar year, except for balloon sign permits which may not be reissued.
C. 
Standards. Standards for all temporary signs, except balloon signs, that require a temporary sign permit by Subsection 18.435.100.A above are as follows:
1. 
A maximum of one temporary sign is allowed at a time for each owner or occupant of property or building;
2. 
The maximum total area of a temporary sign is 24 square feet for all faces and 12 square feet per face, except for banners, which have a maximum total area of 24 square feet per sign face;
3. 
Temporary signs must be located on private property;
4. 
Temporary signs may not be located in the public right-of-way or the clear vision area as described in Chapter 18.930, Vision Clearance Areas;
5. 
Temporary signs may not be illuminated in any way or utilize electrical wiring;
6. 
Temporary signs may not contain a reader-board or electronic information sign component; and
7. 
Temporary signs may not be permanently attached to the ground, buildings, or other structures.
D. 
Standards for balloon signs that require a temporary sign permit by Subsection 18.435.100.A are as follows:
1. 
A maximum of one stationary balloon or cluster of children's balloons is allowed per calendar year for each owner or occupant of property or building;
2. 
A balloon sign may remain in place for a maximum of 10 days per calendar year;
3. 
A balloon sign may be allowed as a roof sign;
4. 
A balloon sign may not exceed 25 feet in height or float in the air higher than 25 feet above the nearest building's roof line; and
5. 
A balloon sign must be secured to a structure or the ground.
(Ord. 17-22 §2; Ord. 17-25 §3; Ord. 18-23 §2; Ord. 18-28 §1)

§ 18.435.110 Nonconforming Signs.

A. 
Applicability. For the purposes of this chapter, non-conforming signs are defined as follows:
1. 
Except as provided in this chapter, signs in existence on March 20, 1978, in compliance with Ordinance Nos. 77-89 and 78-16, which do not conform to the provisions of this chapter, but that were constructed, erected, or maintained in compliance with all previous regulations, are considered nonconforming signs that may be continued until March 20, 1988.
2. 
Signs in existence on January 11, 1971 that do not conform to the provisions of this chapter, but 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 that 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 that do not comply with the provisions of this chapter, must be brought into compliance with this chapter within a period of 10 years after the effective date of the annexation.
4. 
Any sign that is structurally altered, relocated, or replaced must 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 is allowed without loss of nonconforming status.
B. 
Restrictions. For purposes of this chapter, a sign face or message change is subject to the following provisions:
1. 
A sign face or message change on a nonconforming sign is prohibited when the affected property and sign structure have been abandoned for greater than 90 days;
2. 
A sign face or message change is allowed as an alteration only for existing conforming signs and for nonconforming signs prior to their amortization expiration date; and
3. 
No sign permit is 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 percent of its replacement cost, reconstruction is prohibited except in conformity with the provisions of this chapter.
D. 
Requirements for conformance. Signs in existence on the effective date of this chapter that 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; must conform within 90 days from the effective date of this chapter.
(Ord. 17-22 §2; Ord. 18-23 §2)

§ 18.435.120 Removal of Nonconforming or Abandoned Signs.

A. 
Conformance required. All signs erected after the effective date of this title that are in violation of any provisions of this chapter must be removed or brought into conformance upon written notice by the Director.
B. 
Removal. All signs that do not comply with this chapter but were erected prior to the effective date of this chapter, must be removed or brought into conformance within 60 days from written notice by certified mail given by the Director.
C. 
Enforcement. If the owner of a sign, building, structure, or premises fails to comply with the written order, the Director may then cite the owner into court subject to Chapter 18.20, Administration and Enforcement. The following exceptions apply:
1. 
Section 18.435.110 provides for certain time limits and other conditions for certain signs as described therein.
2. 
Any sign that by its condition or location presents an immediate or serious danger to the public, by order of the building official, must be removed or repaired within the time the building official specifies. In the event the owner of such sign cannot be found or refuses to comply with the order to remove, the building official will then have the dangerous sign removed and the owner cited for noncompliance and recovery of any damage or expense.
D. 
Responsible party for removal. Any person who owns or leases a nonconforming or abandoned sign or sign structure must remove such sign and sign structure when the expiration of the amortization period for the sign as provided in Section 18.435.110 has occurred or the sign has been abandoned:
1. 
If the person who owns or leases such sign fails to remove it as provided in this section, the Director will give the owner of the building, structure, or premises upon which such sign is located, 60 days' written notice to remove it;
2. 
If the sign has not been removed at the expiration of the 60 days' written notice, the Director may remove such sign at cost to the owner of the building, structure, or premises;
3. 
Signs that are in full compliance with sign regulations, which the successor to a person's business agrees to maintain as provided in this chapter, need not be removed in compliance with this section; and
4. 
Costs incurred by the city due to removal, may be made a lien against the land or premises on which such sign is located, after notice and hearing, and may be collected or foreclosed in the same manner as liens otherwise entered in the liens docket of the city.
(Ord. 17-22 §2; Ord. 17-25 §3; Ord. 18-23 §2)

§ 18.435.130 Base Zone Regulations.

A. 
Residential zones. Signs other than the following are prohibited in residential zones:
1. 
Wall signs are allowed, up to a combined total maximum area of 4 square feet, or 1 square foot per dwelling unit, whichever is larger;
2. 
Every housing complex is allowed one permanent freestanding sign at each entry point to the housing complex from the public right-of-way, with the site properly landscaped, up to a maximum of 32 square feet per face in area. Illumination may be approved provided it does not create a public or private nuisance, as determined by the Director considering the purpose of the zone;
3. 
Every platted subdivision is allowed one permanent, freestanding sign at each entry point to the subdivision from the public right-of-way, with the site properly landscaped, up to a maximum of 32 square feet per face in area. Illumination may be approved provided it does not create a public or private nuisance, as determined by the Director considering the purpose of the zone;
4. 
For nonresidential uses, one illuminated or non-illuminated freestanding sign is allowed, up to a maximum of 6 feet in height and 32 square feet in area per sign face. Wall signs must not exceed 5 percent of the gross area of the wall face on which the sign is mounted;
5. 
Directional signs on private property designed solely to identify driveway entrances and exits for motorists on adjoining public streets are allowed. One sign with a maximum area of 4 square feet per face is allowed per driveway. Each sign must comply with Chapter 18.930, Vision Clearance Areas;
6. 
Temporary signs in compliance with Sections 18.435.090 and 18.435.100 are allowed;
7. 
Lawn signs in compliance with Paragraphs 18.435.060.A.1, A.6, and B.2 are allowed;
8. 
Special condition signs in compliance with Section 18.435.090 are allowed; and
9. 
Additional allowed signs include awning signs and painted wall signs are allowed.
B. 
COM zone. Signs other than the following are prohibited in the COM zone:
1. 
Freestanding signs are allowed, subject to the following limitations and conditions:
a. 
One multi-faced, freestanding sign is allowed,
b. 
A reader-board assembly may be an integral part of the freestanding sign,
c. 
The maximum square footage of signs is 70 square feet per face and a total of 140 square feet for all sign faces. Freestanding signs may not extend over a property line into the public right-of-way,
d. 
The sign area may be increased 1 square foot for each lineal foot the sign is moved back from the front property line to which the sign is adjacent. If the street is curbed and paved, the measurement is taken from a point that is 15 feet from the pavement. This increase in sign area is limited to a maximum of 90 square feet per face or a total of 180 square feet for all faces, and
e. 
The maximum height of freestanding signs located next to the public right-of-way is 20 feet. Height may be increased one foot for each 10 feet of setback from the property line or a point 15 feet from the edge of pavement, whichever is less, to a maximum of 22 feet in height;
2. 
Wall signs are allowed, subject to the following limitations and conditions:
a. 
Wall signs, including illuminated reader-boards, may be erected or maintained up to a maximum gross area of 15 percent of any building face on which the sign is to be mounted,
b. 
Wall signs may not project more than 18 inches from the wall or extend above the wall to which they are attached, and
c. 
If it is determined through the site development review process that the wall sign's visual appeal and overall design quality would be served, an additional 50 percent of the sign area may be allowed. No copy is allowed in the additional area. For purposes of this subsection, "copy" includes symbols, logos, and letters;
3. 
Directional signs on private property designed solely to identify driveway entrances and exits for motorists on adjoining public streets are allowed. One sign with an area of 4 square feet per face is allowed per driveway. Each sign must comply with Chapter 18.930, Vision Clearance Areas;
4. 
Electronic information signs in compliance with Subsection 18.435.090.C are allowed;
5. 
Temporary signs in compliance with Sections 18.435.090 and 18.435.100 are allowed;
6. 
Lawn signs in compliance with Paragraphs 18.435.060.A.6 and B.2 are allowed;
7. 
Special condition signs in compliance with Section 18.435.090 are allowed; and
8. 
Awning signs, flush pitched "roof" signs, freeway-oriented signs, projecting signs, and painted wall signs are allowed.
C. 
MUE zone. Signs other than the following are prohibited in the MUE zone:
1. 
Freestanding signs are allowed, subject to the following limitations and conditions:
a. 
One multi-faced freestanding sign is allowed per premises,
b. 
A reader-board assembly may be an integral part of the freestanding sign,
c. 
The maximum square footage of freestanding signs is 32 square feet per face and a total of 64 square feet for all sign faces. Freestanding signs may not extend over a property line into the public right-of-way,
d. 
The sign area may be increased 1 square foot for each lineal foot the sign is moved back from the front property line to which the sign is adjacent. If the street is curbed and paved the measurement is taken from a point that is 15 feet from the pavement. This increase in sign area is limited to a maximum of 52 square feet per face or a total of 104 square feet for all faces, and
e. 
The maximum height of freestanding signs located next to the public right-of-way is 8 feet. Height may be increased 1 foot for each 10 feet of setback from the property line or a point 15 feet from the edge of pavement, whichever is less, to a maximum of 10 feet in height;
2. 
Wall signs are allowed, subject to the following limitations and conditions:
a. 
Wall signs, including illuminated reader-board signs, may be erected or maintained up to a maximum gross area of 5 percent of any wall face on which the sign is to be mounted,
b. 
Wall signs must be parallel to the face of the building upon which the sign is located, and
c. 
If it is determined through the site development review process that the wall sign's visual appeal and overall design quality would be served, an additional 50 percent of the allowable sign area may be allowed. No copy is allowed in the additional area. For purposes of this subsection, "copy" includes symbols, logos and letters;
3. 
Directional signs on private property designed solely to identify driveway entrances and exits for motorists on adjoining public streets are allowed. One sign with an area of 4 square feet per face is allowed per driveway. Each sign must comply with Chapter 18.930, Vision Clearance Areas;
4. 
Temporary signs in compliance with Sections 18.435.090 and 18.435.100 are allowed;
5. 
Lawn signs in compliance with Paragraphs 18.435.060.A.6 and B.2 are allowed;
6. 
Special condition signs in compliance with Section 18.435.090 are allowed; and
7. 
Awning signs, flush pitched "roof" signs, and painted wall signs are allowed.
D. 
Industrial zones. Signs other than the following are prohibited in the IND zone:
1. 
Freestanding signs are allowed, subject to the following limitations and conditions:
a. 
One multi-faced freestanding sign is allowed,
b. 
A reader-board assembly may be an integral part of the freestanding sign,
c. 
The maximum square footage of signs is 70 square feet per face and a total of 140 square feet for all sign faces. Freestanding signs may not extend over a property line into the public right-of-way,
d. 
The sign area may be increased 1 square foot for each lineal foot the sign is moved back from the front property line to which the sign is adjacent. If the street is curbed and paved, the measurement is taken from a point that is 15 feet from the pavement. This increase in sign area is limited to a maximum of 90 square feet per face or a total of 180 square feet for all faces, and
e. 
The maximum height of freestanding signs located next to the public right-of-way is 20 feet. Height may be increased 1 foot for each 10 feet of setback from the property line or a point 15 feet from the edge of pavement, whichever is less, to a maximum of 22 feet in height;
2. 
Wall signs are allowed, subject to the following limitations and conditions:
a. 
Wall signs, including illuminated reader-board signs, may be erected or maintained up to a maximum gross area of 15 percent of any building face on which the sign is to be mounted,
b. 
Wall signs may not project more than 18 inches from the wall or extend above the wall to which they are attached, and
c. 
If it is determined through the site development review process that the wall sign's visual appeal and overall design quality would be served, an additional 50 percent of the sign area may be allowed. No copy is allowed in the additional area. For purposes of this subsection, "copy" includes symbols, logos and letters;
3. 
Directional signs on private property designed solely to identify driveway entrances and exits for motorists on adjoining public streets are allowed. One sign with an area of 4 square feet per face is allowed per driveway. Each sign must comply with Chapter 18.930, Vision Clearance Areas;
4. 
Temporary signs in compliance with Sections 18.435.090 and 18.435.100 are allowed;
5. 
Lawn signs in compliance with Paragraphs 18.435.060.A.6 and B.2 are allowed;
6. 
Special condition signs in compliance with Section 18.435.090 are allowed; and
7. 
Awning signs, freeway-oriented signs, projecting signs, flush pitched "roof" signs, and painted wall signs are allowed.
E. 
Additional requirements in the COM, MUE, and IND zones. If it is determined through the site development review process that a sign's visual appeal and overall design quality would be served while maintaining the intent and purpose of this chapter, an additional 50 percent of the allowable sign area and 25 percent of sign height may be allowed. No copy is allowed in the additional area or height. For purposes of this subsection the word "copy" includes symbols, logos and figures, as well as letters.
1. 
Each freestanding sign must be surrounded by a landscaped area set aside to protect the sign from vehicles maneuvering on the site.
a. 
The required site plan must show the size and shape of the landscaped area set aside for the sign, subject to review by the approval authority; and
b. 
On existing sites where a landscaped area is not feasible, the minimum clearance between the lowest portion of a freestanding sign and the ground is 14 feet in any vehicle maneuvering area.
2. 
A freestanding sign may not extend over any portion of a street, sidewalk or other public right-of-way or property unless an exception has been granted.
3. 
When a premises contains more than a single tenant but is not defined as a shopping center, the provisions of a freestanding sign will take into consideration the need for providing a signing system that is harmonious in appearance and legible:
a. 
The building owner must provide, at the owner's expense, a common support for all tenant signage; and
b. 
Up to an additional 50 percent of sign copy area may be allowed through the site development review process so as to adequately identify the separate tenants when determined that the increased sign area will not be inconsistent with the purpose of this chapter.
4. 
Shopping centers or industrial parks must establish a single signing format:
a. 
Up to an additional 50 percent of sign area may be allowed through the site development review process to adequately identify the complex when it can be determined that the increased sign area will not be inconsistent with the purposes of this chapter;
b. 
This increase should be judged according to unique identification needs and circumstances that necessitate additional area to make the sign sufficiently legible; and
c. 
When a shopping center or industrial park has more than one main entrance on separate frontages, a second freestanding sign may be allowed through the site development review process. The two allowable signs must face separate frontages and are not intended to be viewed simultaneously.
5. 
Legal owners or occupants of properties or buildings that are in shopping plazas and are directly located, or proposed to be located, on a commercially- and industrially-zoned corner property (one or more contiguous tax lots located at the intersection of two or more public streets), are allowed to have one freestanding sign along each street frontage when all of the following are met:
a. 
A sign permit is required for each sign prior to its erection;
b. 
The total combined height of two freestanding signs on the premises may not exceed 150 percent of what is normally allowed for one freestanding sign in the same base zone;
c. 
All signs must meet the height requirement of the base zone in which the signs are located;
d. 
No more than two freestanding signs are allowed;
e. 
The two allowable signs must face separate frontages and are not intended to be viewed simultaneously; and
f. 
All other provisions of this chapter apply.
6. 
Shopping centers in the COM zone are entitled to freestanding signage according to the following optional standards:
a. 
A maximum of two freestanding signs are allowed per street frontage provided they can meet both sign area and sign height requirements as provided in this subsection;
b. 
The total combined height of both signs may not exceed 150 percent of the sign height normally allowed for one freestanding sign in the same base zone; however, both signs must meet the height requirements of the base zone;
c. 
The total combined sign area of both signs may not exceed 150 percent of what is normally allowed for one freestanding sign in the same base zone; however, both signs must meet the area requirements of the base zone;
d. 
The signs may not pose a vision clearance problem or project into the public right-of-way; and
e. 
A sign permit is required prior to erection of any freestanding sign referred to in this subsection.
F. 
MU-CBD, TMU, MUC, and IND zones. The following signs are allowed in the TMU, MUC, MUR zones and the MU-CBD zone, except that MU-CBD zoned properties located west of Fanno Creek within the Fanno-Burnham Subarea of the Tigard Downtown Plan District are subject to the residential zone sign standards in Subsection 18.435.130.A and MU-CBD zoned properties north of Pacific Highway or with frontage on Pacific Highway or Hall Boulevard are subject to the COM zone sign standards in Subsection 18.435.130.B.
1. 
General provisions.
a. 
Reader-board and electronic information signs are allowed as follows:
i. 
A freestanding sign, window sign, wall sign, or projecting sign may include a reader-board or electronic information sign component.
ii. 
If a wall or projecting sign includes such a component, the reader-board or electronic information component is limited in size to 50 square feet or 50 percent of the area of the wall or projecting sign, whichever is less.
iii. 
Messages and animation must be displayed at intervals of greater than two seconds in duration. Traveling light patterns ("chaser effect") are prohibited.
b. 
Sign lighting methods are allowed as follows:
i. 
In addition to the sign lighting methods described in Paragraph 18.435.015.A.25, backlighting is allowed as a type of indirect or external lighting where the light source is behind an opaque sign area and not directly visible from the front of the sign.
ii. 
All signs may use indirect or external lighting. All indirect or external sign lighting must be shielded, angled, or located such that it does not shine directly onto adjacent properties or public rights-of-way. Signs larger than 100 square feet that use indirect or external lighting must also have shields with a cutoff angle of 90 degrees or greater to ensure that lighting is not directed upward.
iii. 
Only wall signs, window signs, or pedestrian-oriented roof signs may use internal lighting.
iv. 
Direct lighting is prohibited, except for electronic information signs and signs with neon tubes or comparable lighting tubes.
c. 
Wall signs, projecting signs, and A-frame signs may project into or be located in City of Tigard public right-of-way as provided in Subsection 18.435.130.G. Any sign that projects into the City of Tigard right-of-way is subject to approval by the City Engineer. Signs may not project into or be located in Oregon Department of Transportation right-of-way.
d. 
Signs on fences, retaining walls, or walls serving the same purpose as a fence are prohibited except where specifically designed as entryway signs.
2. 
Freestanding signs, but not including freestanding freeway-oriented signs that are allowed as a special condition sign by Paragraph 18.435.130.G.8.
a. 
One multi-faced freestanding sign is allowed per premises. A premises with more than one street frontage may have one sign per frontage.
b. 
The maximum sign area is 32 square feet per sign face or 64 square feet for all sign faces. The maximum sign height is 3.5 feet, except for freestanding signs associated with a public multi-use trail which have a maximum sign height of 8 feet.
c. 
A freestanding sign may be located in the minimum building setback but must not be located in the public right-of-way or the clear vision area as described in Chapter 18.930, Vision Clearance Areas.
3. 
Wall signs, including painted wall signs and flush pitched roof signs.
a. 
Multiple wall signs are allowed per building face.
b. 
The total maximum sign area may not exceed 15 percent of the gross area of the building face. The maximum sign height is equal to the height of the building face and may not extend above the building face, except for flush pitched roof signs which are subject to the height standards in Subsection 18.435.090.F. The maximum horizontal projection is 18 inches.
c. 
A wall sign may project into the minimum building setback and public right-of-way. The minimum vertical clearance for wall signs that project into the public right-of-way is 10 feet from sidewalk grade.
4. 
Projecting signs, including awning signs.
a. 
One projecting sign is allowed per building. A building with more than one street frontage may have one sign per frontage. The maximum sign area is 32 square feet per sign face or 64 square feet for all sign faces. A building with more than one street frontage may have one sign on the building corner at the intersection of two street frontages in lieu of one sign per frontage. The maximum sign area for a corner projecting sign is 50 square feet per sign face or 100 square feet for all sign faces.
b. 
A building may have the following additional projecting signs:
i. 
A building may have one or more additional awning signs where awnings are provided on the building face that project at least 4 feet into the public right-of-way and occupy at least 50 percent of the width of the building face. The additional signage may not exceed 32 square feet in size.
ii. 
A building may have one or more additional projecting signs where the signs are perpendicular to the building face, less than 4.5 square feet in size per sign face, and located less than 10 feet from sidewalk grade as measured from the top of sign. The number of additional signs may not exceed the number of first-story tenant spaces in the building.
c. 
A projecting sign may project into the minimum building setback and public right-of-way. For signs that project into the right-of-way, the minimum vertical clearance for awning signs and signs less than 4.5 square feet in size per sign face must be 8 feet from sidewalk grade. The minimum vertical clearance for all other projecting signs is 10 feet from sidewalk grade. The maximum horizontal projection into the right-of-way is 6 feet or the minimum sidewalk width along the building frontage, whichever is less. A projecting sign may not conflict with an existing or planned street tree.
5. 
Pedestrian-oriented roof signs.
a. 
A pedestrian-oriented roof sign is allowed only on buildings with a height of 20 feet or less.
b. 
The maximum number of signs allowed is equal to the number of first-story tenant spaces in the building.
c. 
The maximum sign area is 45 square feet. The maximum sign height is 2 feet above the roof line of the building and may not extend below the roof line of the building.
d. 
The sign must be oriented to the street upon which the building fronts.
6. 
A-frame signs.
a. 
The maximum number of A-frame signs allowed is equal to the number of first-story tenant spaces in the building or the equivalent of one sign for every 30 linear feet of street-facing building facade, whichever is greater.
b. 
The maximum sign area is 6 square feet per sign face or 12 square feet for all sign faces. The maximum sign width and height is 3 feet.
c. 
An A-frame sign may be located on private property or in the public right-of-way adjacent to any premises by the person in control of those premises. Where the sign is located in the right-of-way, it must be located so as to maintain a minimum unobstructed sidewalk width of 4 feet for pedestrian through-travel. It must be located behind the curb or a minimum of 10 feet from the edge of the nearest travel lane where no curb is present. It may not be located in the clear vision area described in Chapter 18.930, Vision Clearance Areas, or where it conflicts with the use of any service area, driveway, water quality facility, bicycle parking area, or on- or off-street parking or loading area. It may be located in a landscape strip with approval by the City Engineer.
d. 
Display of A-frame signs is prohibited when the sign owner's business is closed to the public.
7. 
Permit exempt signs, such as directional and window signs, are allowed as described in Subsection 18.435.060.A, except that the total maximum sign area of all window signs may not exceed 25 percent of the gross window area on the building face.
8. 
Special condition signs, such as bench, cultural institution, entryway, and freeway-oriented signs are allowed as described in Section 18.435.090. Freeway-oriented signs are only allowed in the TMU zone adjacent to the Highway 217 or Interstate 5 rights-of-way.
9. 
Temporary signs, such as balloon, banner, and lawn signs are allowed as described in Subsection 18.435.100, except that A-frame signs are allowed as described in Paragraph 18.435.130.G.6.
G. 
Bridgeport Village Plan District Standards. Sign standards for the Bridgeport Village Plan District are located in Chapter 18.620, Bridgeport Village Plan District.
(Ord. 09-13; Ord. 10-02 §2; Ord. 17-22 §2; Ord. 17-25 §3; Ord. 18-23 §2; Ord. 18-28 §1; Ord. 20-01 §1; Ord. No. 24-05, 4/23/2024)

§ 18.440.010 Purpose.

The purpose of this chapter is to establish standards for the approval of temporary uses.
(Ord. 17-22 §2; Ord. 25-01, 1/28/2025)

§ 18.440.020 Applicability.

A. 
Applicability. This chapter applies to all types of temporary uses listed in Section 18.440.030, unless they are exempt in Subsection 18.440.020.B or C.
B. 
Temporary uses allowed. The following temporary uses are allowed without a temporary use permit:
1. 
Seasonal and special events conducted exclusively by and for the benefit of a Tigard-based nonprofit organization;
2. 
Temporary shelter, as an accessory use to a Religious Institution use or a Social/Fraternal Clubs/Lodges use, where the following are met:
a. 
No more than 20 people are provided shelter at a time,
b. 
Each stay does not exceed 30 days, and
c. 
Temporary shelter is not provided on the property more than 90 total days in a year.
3. 
Garage sales;
4. 
Temporary construction offices in conjunction with the initial development of residential, commercial or industrial property (three or more dwelling units or lots); or
5. 
Seasonal and special events located entirely within the PR zone, public right-of-way, or city-owned property provided the use has received a special event permit pursuant to Tigard Municipal Code Chapter 7.48.
C. 
Emergency situations. The director may waive any of the requirements in this chapter or request additional information in compliance with Chapter 18.710, Land Use Review Procedures, for cases that involve destruction of an existing structure due to fire, natural causes, or other circumstances that are beyond the control of the applicant. An emergency as allowed by this subsection does not include failure by the applicant to submit a temporary use request as provided in this chapter.
(Ord. 17-22 §2; Ord. 18-23 §2; Ord. 19-09 §1; Ord. 20-01 §1;Ord. No. 24-05, 4/23/2024; Ord. 25-01, 1/28/2025)

§ 18.440.030 Types of Temporary Uses.

A. 
Seasonal or special event. This type of temporary use is a use that by its nature will last less than one year. Examples of this type of use are those associated with the sale of goods for a specific holiday, activity, or celebration, uses associated with construction, or seasonal use. This type of use does not apply to businesses seeking a temporary or interim location. These types of temporary uses include:
1. 
Use associated with the celebration of a specific holiday such as the sale of Christmas trees and fireworks;
2. 
Use associated with the sale of fresh fruits, produce, and flowers, including seasonal markets by a chartered public service or non-profit organization that may offer additional products and services as provided in the organization's "market rules and policies" such as landscaping plants, prepared food, animal products, and art or handcrafts assembled by the vendor;
3. 
Use associated with festivals or celebrations or special events;
4. 
Seasonal activities such as the sale of food at sports events or activities;
5. 
Use associated with construction such as the storage of equipment during the construction of roads or development, but not a temporary sales office or model home as provided by this chapter; and
6. 
Temporary fund raising and other civic activities in commercial zones.
B. 
Unforeseen or emergency situations. This type of temporary use is a use that is needed because of an unforeseen event such as fire, windstorm, flood, unexpected health or economic hardship, or due to an eviction resulting from condemnation or other proceedings. Examples of this type of temporary use include:
1. 
A mobile home or other temporary structure for a residential purpose in a residential zone;
2. 
A mobile home or other temporary structure for a business purpose in a commercial or industrial zone; and
3. 
Use of an existing dwelling or mobile or manufactured home during the construction period of a new dwelling unit on the same lot.
C. 
Temporary sales office or model home. This type of use includes a temporary sales office or offices either in a dwelling unit or in another temporary building for the purpose of facilitating the sale of real property in any subdivision or property within this city. This includes the use of one dwelling unit in a subdivision as a "model home" for purposes of showing prospective buyers.
D. 
Temporary use in commercial and industrial zones. This type of temporary use includes a temporary trailer or prefabricated building for use on any commercially or industrially zoned property within the city as a temporary commercial or industrial office or space associated with the primary use on the property.
(Ord. 17-22 §2; Ord. 18-23 §2; Ord. 20-01 §1; Ord. No. 24-05, 4/23/2024; Ord. 25-01, 1/28/2025)

§ 18.440.040 Approval Process.

A. 
Approval process. Temporary use applications are processed through a Type I procedure, as provided in Section 18.710.050.
B. 
Approval period. An approval for a temporary use is valid for a period of one year unless otherwise stipulated by the approval.
C. 
Expiration. An approval for the temporary use will expire if:
1. 
Substantial construction of the approved plan or onset of the approved activity has not begun within the approval period; and
2. 
Construction or activity on the site is a departure from the approved plan.
(Ord. 17-22 §2; Ord. 18-23 §2; Ord. 18-28 §1; Ord. 19-09 §1; Ord. No. 24-05, 4/23/2024; Ord. 25-01, 1/28/2025)

§ 18.440.050 Approval Criteria.

A. 
Seasonal and special events. The approval authority will approve or approve with conditions seasonal and special events when all of the following are met:
1. 
The use occurs only once in a calendar year and for no longer a period than 30 consecutive days, except as provided in Paragraph 18.440.050.A.6;
2. 
The use is allowed in the applicable base zone;
3. 
The applicant has proof of the property owner's permission to place the use on the property;
4. 
There will be no parking utilized by the customers and employees of the temporary use that is required to meet the minimum parking requirements for the other uses on the property, as required by Chapter 18.410, Off-Street Parking and Loading;
5. 
The use will provide adequate vision clearance, as required by Chapter 18.930, Vision Clearance Areas, and not obstruct pedestrian access on public rights-of-way; and
6. 
Seasonal markets are allowed in the C-G and MU-CBD zones and may operate from April through October. The applicant must provide "market rules and policies" for city approval, which are consistent with the seasonal market use description in Paragraph 18.440.030.A.2 and will be observed for the duration of the permit. Market rules and policies must include hours of operation, location, product guidelines, vendor obligations, vehicle loading or unloading, and any other applicable policies guiding the operation of the market. The city may also consider the following criteria:
a. 
Provide documentation demonstrating adequate and safe ingress and egress exist when combined with the other uses of the property, in compliance with Chapter 18.920, Access, Egress, and Circulation;
b. 
Provide documentation demonstrating the use will not create a traffic hazard, including coordination with ODOT if applicable;
c. 
Provide documentation that the use will not create adverse off-site impacts related to noise, odors, vibrations, glare, or lights that would be greater than otherwise allowed by uses allowed in the base zone; and
d. 
Signs are allowed as provided in Chapter 18.435, Signs; however, temporary signs may be approved for a period of time to correspond with the duration of the seasonal market use.
B. 
Unforeseen or emergency situations. The approval authority will approve or approve with conditions unforeseen or emergency situations when all of the following are met:
1. 
The need for the use is the direct result of a casualty loss such as fire, wind storm, flood, or other severe damage by the elements to a pre-existing structure or facility previously occupied by the applicant on the premises for which the permit is sought; or
2. 
The use of a mobile or manufactured home on a lot with an existing dwelling unit is necessary to provide adequate and immediate health care for a relative who needs close attention who would otherwise be required to receive needed attention from a hospital or care facility; or
3. 
The applicant has been evicted within 60 days of the date of the application from a pre-existing occupancy of the premises for which the permit is sought as a result of condemnation proceedings by a public authority, or eviction by abatement of nuisance proceedings, or by determination of a public body or court having jurisdiction that the continued occupancy of the facilities previously occupied constitutes a nuisance or is unsafe for continued use; or
4. 
There has been a loss of leasehold occupancy rights by the applicant due to unforeseeable circumstances or other hardship beyond the foresight and control of the applicant; and
5. 
There exists adequate and safe ingress and egress when combined with the other uses of the property, as required by Chapter 18.920, Access, Egress and Circulation, and Chapter 18.930, Vision Clearance Areas; and
6. 
There exists adequate parking for the customers of the temporary use as required by Chapter 18.410, Off-Street Parking and Loading; and
7. 
The use will not result in congestion on adjacent streets; and
8. 
The use will pose no hazard to pedestrians in the area of the use; and
9. 
The use will not create adverse off-site impacts including noise, odors, vibrations, glare, or lights that will affect adjoining uses in a manner that other uses allowed in the base zone would not affect adjoining uses; and
10. 
The use can be adequately served by sewer or septic system and water, if applicable.
C. 
Temporary sales office or model home. The approval authority will approve or approve with conditions a temporary sales office or model home when all of the following are met:
1. 
Temporary sales office.
a. 
The temporary sales office must be located within the boundaries of the subdivision or property in which the real property is to be sold; and
b. 
Sales offices approved through the provision of this chapter may not be permanent.
2. 
Model home.
a. 
The model home must be located within the boundaries of the subdivision or property where the real property to be sold is situated; and
b. 
The property to be used for a model house must be a permanently designed dwelling unit.
D. 
Temporary use in commercial and industrial zones. The approval authority will approve or approve with conditions a temporary trailer or prefabricated building when all of the following are met:
1. 
The temporary trailer must be located within the boundaries of the property on which it is located;
2. 
The property to be used for a temporary trailer must already be developed;
3. 
There exists adequate and safe ingress and egress when combined with the other uses of the property; as required by Chapter 18.920, Access, Egress, and Circulation, and Chapter 18.930, Vision Clearance Areas;
4. 
There exists adequate parking for the customers or users of the temporary use as required by Chapter 18.410, Off-Street Parking and Loading;
5. 
The use will not result in congestion on adjacent streets;
6. 
The use will pose no hazard to pedestrians in the area of the use;
7. 
The use will not create adverse off-site impacts including noise, odors, vibrations, glare, or lights that will affect the adjoining uses in a manner that other uses allowed in the base zone would not affect the adjoining uses;
8. 
The use can be adequately served by sewer or septic system and water, if applicable; and
9. 
The length of time that the temporary building will be used is the maximum needed to address the hardship.
(Ord. 17-22 §2; Ord. 18-23 §2; Ord. 20-01 §1; Ord. No. 24-05, 4/23/2024)

§ 18.450.010 Purpose.

The purpose of this chapter is to ensure that wireless communication facilities are regulated in a manner that:
A. 
Minimizes visual impacts;
B. 
Promotes universal service to all customers;
C. 
Encourages collocation of facilities to minimize the number of new facilities required;
D. 
Ensures structural safety;
E. 
Ensures all providers are fairly treated; and
F. 
Protects neighborhood livability.
(Ord. 17-22 §2; Ord. 18-23 §2)

§ 18.450.020 Exemptions.

The following uses and activities are exempt from the regulations of this chapter:
A. 
Existing towers and antennas and any repair, reconstruction, or maintenance of these facilities that do not create a significant change in visual impact;
B. 
Ham radio towers, citizen band transmitters, and antennas;
C. 
Microwave dishes;
D. 
Antennas and equipment completely located within an existing structure whose purpose is to enhance or facilitate communication function of other structures on the same property.
(Ord. 17-22 §2; Ord. 18-23 §2)

§ 18.450.030 Uses Allowed.

A. 
Collocation on existing towers. Installation of an antenna on an existing communication tower of any height is allowed, provided the additional antenna is no more than 20 feet higher than the existing tower, the tower is not in the public right-of-way, and the color of the antenna blends with the existing structure or surroundings.
B. 
Collocation on existing non-tower structures. Installation of an antenna on an existing structure other than a tower, such as a building, water tank, sign, light fixture, or utility pole, is allowed provided the supporting structure is not in a public right-of-way, the additional antenna is no more than 20 feet higher than the existing structure, and the color of the antenna blends with the existing structure or surroundings. Collocation of small cells in a public right-of-way is subject to the standards of Paragraph 18.450.030.E.
C. 
Installation of accessory equipment shelters. The installation of accessory equipment shelters and related equipment is allowed at or near the base of a tower or structure where collocation is allowed as provided in Subsections 18.450.030.A and B subject to the following:
1. 
The accessory equipment shelter and related equipment are either located completely within the existing structure, or are located within a previously approved fenced area;
2. 
The equipment shelter and related equipment must comply with the applicable development standards in Chapter 18.200 Residential Development Standards or 18.300 Nonresidential Development Standards;
3. 
No previously-approved landscaping may be removed to locate the accessory equipment shelter and related equipment. If any such landscaping is removed, the applicant must replace it with the equivalent quantity and type of landscaping on site, in a manner to achieve the original intent, or to achieve sufficient screening of any proposed new shelter or equipment if the original intent would no longer be applicable. If any removed landscaping cannot be replaced on site, then the applicant is subject to a site development review as provided in Section 18.450.040.
D. 
Towers in the IND zone. Locating a tower of any height, including antennas, other supporting equipment, and accessory equipment shelters, is allowed in the IND zone, provided that such a tower is set back from any existing off-site residence by a distance equal to the height of the tower. Any accessory equipment shelter must comply with the development standards of the applicable development standards in Chapter 18.200 Residential Development Standards or 18.300 Nonresidential Development Standards. Towers in the right-of-way are subject to either the small cell standards of Subsection 18.450.030.E or the site development review process of Section 18.450.040.
E. 
Small cells. The following small cell facilities are allowed in a public right-of-way:
1. 
Small cell antennas and accessory equipment mounted to existing public infrastructure or small cell monopoles, when all of the following are met:
a. 
A valid lease, license, or franchise agreement is in place for the use of the public facility improvement or public infrastructure;
b. 
A right-of-way permit has been issued for the installation of the antenna and accessory equipment; and
c. 
The color of the antenna and accessory equipment are of similar color to the supportive infrastructure.
d. 
The small cell facility does not increase the height of the infrastructure by more than 10 percent or 10 feet, whichever is greater, and the total height is not more than 35 feet in any residential zone or 50 feet in any other zone.
2. 
Small cell monopoles, including antennas and associated accessory equipment, when all of the following are met:
a. 
The monopole does not exceed 30 feet in height;
b. 
A valid lease, license, or franchise agreement is in place for the use of the right-of-way;
c. 
A public facility improvement or right-of-way permit has been issued for the installation of tower and associated equipment; and
d. 
The color of the tower and associated equipment are of similar color to other proximate utility poles.
(Ord. 17-22 §2; Ord. 18-23 §2; Ord. 18-28 §1; Ord. No. 24-05, 4/23/2024)

§ 18.450.040 Uses Allowed Subject to Site Development Review.

A. 
Uses allowed. The following uses are subject to approval through a site development review as provided in Chapter 18.780, Site Development Review, using the standards of Subsection 18.450.040.B as approval criteria:
1. 
Towers in commercial zones. A tower, including antennas, other support equipment, or accessory equipment shelters, in any commercial zone, provided that such a tower is set back from any existing off-site residence by a distance equal to the height of the tower.
2. 
Towers in the parks and recreation zone. A tower, including antennas, other support equipment, or accessory equipment shelters, in the parks and recreation zone, provided that such a tower is set back from any existing off-site residence by a distance equal to the height of the tower.
3. 
Collocations. Collocation of an antenna that extends more than 20 feet above an existing tower or non-tower structure.
4. 
Accessory equipment shelter. Additional accessory equipment shelters or related equipment must be screened as required by Subparagraph 18.450.040.B.7.b.
5. 
Towers in public rights-of-way. Installation of a tower exceeding 30 feet in height within any public right-of-way, provided that such tower is set back from any off-site residence by a distance equal to the height of the tower and the tower does not exceed 50 feet in height.
6. 
Small cell facilities. Installation of any small cell facility in a public right-of-way that increases the height of the infrastructure it is attached to by more than 10 percent or 10 feet, whichever is greater, provided that the total height does not exceed 40 feet in any residential zone or 50 feet in any other zone.
B. 
Standards. Any use subject to site development review is reviewed using the following standards:
1. 
Aesthetic.
a. 
New towers must include a non-reflective grey finish or be painted pursuant to FAA requirements;
b. 
If collocation is requested, the design of any antenna, accessory structures, or equipment must, to the extent possible, use materials, colors, and textures that will match the existing tower or non-tower structure to which the equipment is being attached;
2. 
Setbacks.
a. 
Towers designed to collapse within themselves must be set back in compliance with the setbacks of the applicable development standards in Chapter 18.200 Residential Development Standards or 18.300 Nonresidential Development Standards, except that all towers must be set back a minimum of 35 feet from any adjacent residentially zoned lot;
b. 
Towers not designed to collapse within themselves must be set back from the property line by a distance equal to or greater than the height of the tower.
3. 
Tower spacing. No new tower is allowed within 500 feet of an existing tower. Small cell facilities in a public right-of-way are exempt from this standard, but must meet any spacing requirements of the city's engineering standards.
4. 
Tower height.
a. 
The maximum height for a tower not in a public right-of-way is 100 feet. If the tower includes antennas owned by multiple providers, the maximum height is 125 feet.
b. 
The maximum height for a tower in a public right-of-way is 50 feet, except that the maximum height in residential zones is 35 feet.
5. 
Lighting. No lighting is allowed on a tower except the following:
a. 
Lighting required by the FAA; and
b. 
Streetlights mounted on provider-installed small cell monopoles in a public right-of-way when approved by the city engineer.
6. 
Fencing and security. Towers and ancillary facilities must be enclosed by a minimum 6-foot fence. Small cell facilities in a public right-of-way are exempt from this standard.
7. 
Landscaping and screening. Towers and ancillary equipment not within a right-of-way must meet the following:
a. 
Landscaping must be placed outside the required fence and must consist of evergreen shrubs that will reach 6 feet in height and 95 percent opacity within 3 years of planting;
b. 
When adjacent to or within residentially-zoned property, freestanding towers and accessory equipment facilities must be screened by the planting of a minimum of 4 evergreen trees at least 15 feet in height at the time of planting. These trees must effectively screen the wireless facilities from residential uses. Existing evergreen trees at least 15 feet in height may be used to meet the screening requirement of this section if the applicant demonstrates that they provide screening for abutting residential uses.
8. 
Noise. Noise-generating equipment must be sound-buffered by means of baffling, barriers, or other suitable means to reduce the sound level measured at the property line to 50 dBA (day)/40 dBA (night) when adjacent to a noise-sensitive land use and 75 dBA (day)/60 dBA (night) when adjacent to other uses.
(Ord. 17-22 §2; Ord. 18-23 §2; Ord. 18-28 §1; Ord. No. 24-05, 4/23/2024)

§ 18.450.050 Uses Allowed Subject to Conditional Use Review.

A. 
Uses allowed. The following uses are subject to approval through a conditional use review, as provided in Chapter 18.740, Conditional Uses, using the standards in Subsection 18.450.050.B as approval criteria:
1. 
Towers in residential zones. A tower, including antennas, other support equipment or accessory equipment shelters, in any residential zone, with the exception of small cell facilities in the right-of-way;
2. 
Towers within areas with historic overlay designation. A tower, including antennas, other support equipment or accessory equipment shelters, in areas with historic overlay designation;
3. 
Towers in excess of 100 feet for a single user and 125 feet for multiple users except those located in the IND zone, which are allowed as provided in Subsection 18.450.030.D.
B. 
Standards. Any use subject to conditional use review is reviewed using the following:
1. 
Protection of points of visual interest.
a. 
Views from residential structures located within 250 feet of the proposed wireless communication facility to the following points of visual interest must be protected to the greatest practical extent:
i. 
Mountains;
ii. 
Significant public open spaces;
iii. 
Historic structures.
b. 
The following standards are used to protect the above identified points of visual interest to the greatest practical extent if views from a residential structure located within 250 feet from a proposed wireless communication facility to a point of visual interest specifically identified above is significantly affected:
i. 
Investigate other locations within the same lot where such visual impacts can be minimized overall;
ii. 
Investigate alternative tower designs that can be used to minimize the interruption of views from the residence to the point of visual interest;
iii. 
Minimize visual impacts to the point of visual interest referred to above, by demonstrating that collocation or the use of other structures within the applicant's service area is not feasible at this time;
iv. 
Minimize visual impacts by varying the setbacks or landscaping standards that would otherwise be applicable, provided the overall impact of the proposed development is as good or better than that would otherwise be required without said variations.
2. 
Color. Towers must have a non-reflective surface and a neutral color that is the same or similar color as the supporting structure to make the antennas and related equipment as visually unobtrusive as possible, or, if required by the FAA, be painted pursuant to the FAA's requirements;
3. 
Setbacks. Towers must be set back from the property line by a distance equal to the height of the tower.
4. 
Tower spacing. No new tower in a residential zone is allowed within 2,000 feet of an existing tower. No new tower in nonresidential zones is allowed within 500 feet of an existing tower.
5. 
Lighting. No lighting is allowed on a tower except as required by the FAA;
6. 
Fencing and security. For security purposes, towers and ancillary facilities must be enclosed by a 6-foot fence;
7. 
Landscaping and screening.
a. 
Landscaping must be placed outside the fence and must consist of evergreen shrubs that will reach 6 feet in height and 95 percent opacity within 3 years of planting.
b. 
When adjacent to or within residentially-zoned property, freestanding towers and accessory equipment facilities must be screened by the planting of a minimum of 4 evergreen trees at least 15 feet in height at the time of planting. These trees must effectively screen the wireless facilities from residential uses. Existing evergreen trees at least 15 feet in height may be used to meet the screening requirement of this section if the applicant demonstrates that they provide screening for abutting residential uses.
8. 
Noise. Noise-generating equipment must be sound-buffered by means of baffling, barriers or other suitable means to reduce the sound level measured at the property line to 50 dBA (day)/40 dBA (night) when adjacent to a noise-sensitive land use and 75 dBA (day)/60 dBA (night) when adjacent to other uses.
C. 
Other requirements. At the time a provider requests a building permit, it shall demonstrate compliance to all applicable state and federal regulations, including, but not limited to, the state building codes and FAA.
(Ord. 17-22 §2; Ord. 18-23 §2; Ord. 18-28 §1; Ord. No. 24-05, 4/23/2024)

§ 18.450.060 Collocation Protocol.

A. 
Purpose. The purpose of this requirement is to create a process that will allow providers to equitable share publicly-available, non-proprietary information among themselves, with interested persons and agencies, and with the city, at the time the provider schedules a pre-application conference with the approval authority. This collocation protocol is designed to increase the likelihood that all reasonable opportunities for collocation have been investigated and the appropriate information has been shared among providers.
The city recognizes that collocation is preferable, where technologically feasible and visually desirable, as a matter of public policy, but that collocation of antennas by providers is not always feasible for technical or business reasons. However, if all licensed providers are made aware of any pending tower or antenna permit requests, such disclosure will allow providers to have the maximum amount of time to consider possible collocation opportunities, and will also assure the city that all reasonable accommodations for collocation have been investigated. The code creates strong incentives for collocation because proposals for collocation qualify for a less rigorous approval process.
B. 
Applicability. Requirements for the collocation protocol apply only to new towers subject to site development review or conditional use.
C. 
Pre-application requirement. A pre-application conference is required for all proposed freestanding towers except those in the IND zone, which are allowed.
D. 
Collocation request letter requirement. At the time a pre-application conference is scheduled, the applicant must demonstrate that the following notice was mailed to all other wireless communication providers licensed to provide service within the city's boundaries:
"Pursuant to the requirements of 18.450.060, [name of wireless provider] is hereby providing you with notice of our intent to meet with representatives of the City of Tigard in a pre-application conference to discuss the location a new freestanding wireless communication facility that would be located at [location]. In general, we plan to construct a [type of tower] of [number] feet in height for the purpose of providing [cellular, PCS] service.
Please inform us whether your company has any existing or pending wireless facilities located within [distance] of the proposed facility, that may be available for possible collocation opportunities.
Please provide us with this information within 10 business days after the date of this letter. Your cooperation is appreciated.
Sincerely [Name of pre-application applicant]."
E. 
Applicant's obligation to analyze feasibility of collocation. If a response to a collocation request letter is received by an applicant indicating an opportunity for collocation on an existing tower of another provider, the applicant must make a good faith effort to analyze the feasibility of collocation. This analysis must be submitted with an application for a freestanding tower. A good faith effort to investigate the feasibility of collocation on an existing facility will be deemed to have occurred if the applicant submits all of the following information:
1. 
A statement from a qualified engineer indicating whether the necessary service can or cannot be provided by collocation at the potential collocation site;
2. 
Evidence that lessor of the potential collocation site either agrees or disagrees to collocation on their property;
3. 
Evidence that adequate site area exists or does not exist at the potential collocation site to accommodate ancillary equipment for the second provider and still meet all of the development standards required by the applicable chapter in 18.200 Residential Development Standards or 18.300 Nonresidential Development Standards;
4. 
Evidence that adequate access does or does not exist at the possible collocation site.
F. 
Result of collocation feasibility analysis. If the applicant has provided information addressing each of the criteria in Subsection 18.450.060.D, the collocation protocol will be deemed complete. The applicant's tower will then be allowed subject to the regulations provided in this chapter.
(Ord. 17-22 §2; Ord. 18-23 §2; Ord. 18-28 §1; Ord. No. 24-05, 4/23/2024)

§ 18.450.070 Abandoned Facilities.

A. 
Abandonment defined. A wireless communication facility that has been discontinued for a period of 6 consecutive months or longer is hereby declared abandoned.
B. 
Removal of abandoned facilities. Abandoned facilities as defined in Subsection 18.450.070.A must be removed by the property owner within 90 days from date of abandonment. Failure to remove an abandoned facility is declared a public nuisance and subject to penalties as provided in Title 6, Nuisance Violations of the Tigard Municipal Code.
C. 
Extension. Upon written application, prior to the expiration of the 6-month period, the director will, in writing, grant a 6-month extension for reuse of the facility. Additional extensions beyond the first 6-month extension may be granted by the director subject to any conditions required to bring the facility into compliance with current regulations and make it compatible with surrounding development.
(Ord. 17-22 §2; Ord. 18-23 §2)