Ordinance Notification

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2 Planning Commission Staff Report Ordinance No. 791 August 13, 2014 Page 2 of 7 The State of Oregon has regulated signs for over 50 years and modified its sign regulations in 1971 to comply with the Highway Beautification Act. Sign regulations are included in Oregon Revised Statutes Chapter Highway Beautification; Motorist Information Signs. Under these regulations, an outdoor advertising sign that is visible from a state highway requires an Outdoor Advertising Sign (OAS) permit. The county must review and approve all OAS permit applications in Washington County s jurisdiction. Highways subject to ORS Chapter 377 include: Highway 8 (Tualatin Valley Highway and Canyon Road) Highway 10 (Beaverton-Hillsdale Highway and SW Farmington Road) Highway 26 (Sunset Highway) Highway 99 (Pacific Highway) Highway 141(Hall Boulevard) Highway 217 Highway 219 Interstate-5 and Interstate-205 Digital billboards first began to appear in This new technology has created new outdoor advertising opportunities as well as new regulatory challenges. Light Emitting Diode (LED) technology is transforming the electronic signage industry. Electronic billboard advertising companies are now able to schedule multiple clients per day, offer customized packages and sell more advertising space at one location. They have also partnered with local law enforcement agencies to broadcast public safety messages (e.g., Amber Alerts). In response to this burgeoning technology, in 2011, the Oregon Legislature passed SB 639 which permits digital billboards to be displayed on state roadways if they meet certain conditions. SB 639 provides the definition of a digital billboard as an outdoor advertising sign that is static and changes messages by any electronic process or remote control, provided that the change from one message to another message is no more frequent than once very eight seconds and the actual change process is accomplished in two seconds or less. The display must not create the appearance of movement. SB 639 also sets standards for illumination. As part of the Long Range Planning Work Program, a request by Clear Channel Outdoor was received to amend the county s sign regulations to permit digital signs with appropriate restrictions as outlined in the state sign code. They would like the county to allow for the use of digital technology on existing billboard signs or those permitted to be built under the current code. The Board included the task to amend the CDC sign standards to implement SB 639 and authorized filing of this ordinance as part of the Work Program adoption. Ordinance Notification Ordinance No. 791 and an accompanying summary were mailed to citizen participation organizations (CPOs) and interested parties on July 15, A display advertisement regarding the proposed ordinance was published in The Oregonian on August 1, 2014 and in the Hillsboro Argus on August 1, Individual Notice describing proposed Ordinance No. 791

3 Planning Commission Staff Report Ordinance No. 791 August 13, 2014 Page 3 of 7 was mailed to 434 people on the General Notification List on August 6, A copy of this notice was also mailed to the Planning Commission at that time. IV. ANALYSIS Existing Standards Currently, billboards are considered as Outdoor Signs and the standards they are required to meet are contained in CDC Subsection G. Outdoor Signs are permitted only in the General Commercial (GC) district, and are limited to a maximum of 300 square feet per face, with a maximum length of 25 feet and a height of 12 feet. This subsection also specifies spacing requirements. Billboards located on the same side of a highway must be spaced at least 1,000 feet apart on limited access freeways and 500 feet apart on other roads. At this time, the CDC does not allow digital billboards and therefore no standards have been established. Staff Recommended Approach Staff recommends a conservative approach to code amendments to provide for digital signs, with minimal changes to the CDC in order to allow digital signs in the same locations and under the same general size and spacing requirements as other billboards. Further revisions are proposed to incorporate portions of state law into the county s CDC, including the definition of digital billboards, and illumination standards. Staff is recommending varying from the state s standards for frequency of message change, due to safety concerns on the county s arterial roads. No changes are proposed to non-conforming uses and standards. Staff believes this minimal change approach is warranted due to uncertainty about the potential impacts of allowing digital signs, safety concerns, and potential impacts on pending litigation. Staff proposed changes are discussed in more detail in the following section. Discussion of Specific Ordinance Issues Digital Billboard Locations The County s CDC currently allows outdoor signs, including billboards, only in the General Commercial (GC) district. General Commercial districts are located predominantly along Tualatin Valley Highway and Canyon Road (Attachment A - Map 1), as well as two smaller areas just off Walker Rd. at 150 th Ave., and on Shaw St. between 170 th and 173 rd Avenues. Staff recommends allowing digital signs in these same locations. The visual and other impacts of digital billboards are at least as great as those of traditional billboards; therefore staff saw no justification for expanding allowed areas beyond what is allowed for traditional billboards. Allowing digital billboards in the General Commercial district would limit the impact to these non-residential areas that already allow billboards. Frequency of Message Change Digital billboards are designed to attract a driver s attention with their bright and colorful advertisement. A typical commuter can learn to ignore traditional billboards because the message doesn t change. Since digital billboards change messages frequently, they can create fresh daily distractions (Scenic America Issue Alert 2, Electronic Signs).

4 Planning Commission Staff Report Ordinance No. 791 August 13, 2014 Page 4 of 7 As noted, state law allows for a message change to occur once every eight seconds, with the actual change process accomplished in two seconds or less. The state law provisions are intended to apply on state highways which include freeways where speeds are higher and distractions are fewer than on county arterial roadways. The county s Traffic Engineer reviewed supporting documentation provided by the sign industry as well as other studies on the safety of digital advertising signs, and their analysis is provided below. These studies are provided to the Planning Commission under separate cover. Traffic Engineer Analysis The County Traffic Engineer provided the following findings (Memo dated July 17, Attachment C): There is no definitive research showing increased crashes due to the presence of digital billboards. However, the body of research shows an increased crash risk due to the distractive nature of electronic billboards. There is limited to no research regarding the safety of digital billboards in a similar context to Washington County Arterials. The urban/arterial environment is a complex driving environment that requires a high degree of attention to the driving task. The arterial environment tends to have more roadside information that a driver must process, unstable traffic flows and more points of conflicting traffic. The research presented by the advertising industry adds to the knowledge base. However, the study is limited in scope and isn t definitive in regards to the safety of digital billboards or billboards in general. Advertising messages/signs aren t regulated in regards to font, color, and legibility like the MUTCD regulates traffic control signs and messages intended for the driver. Oregon Senate Bill 639 doesn t allow digital billboards to display motion, or the appearance of motion. With signs changing every 8 seconds, there is the appearance of motion that can distract the driver multiple times before passing the sign. Based on these findings, the Traffic Engineer states that: Distracted driving is a real and prevalent issue. The urban/arterial environment demands focused attention to the driving task. Allowing digital billboards adds to the distractive environment and can increase the risk for vehicular crashes. For these reasons, the Traffic Engineer has recommended that digital billboards not be allowed. As an alternative to a complete restriction his recommendation is to: Follow Senate Bill 639 guidelines; however increase the minimum time that a message is displayed to be greater than 8 seconds. A 10 to 16 second change interval would reduce the number of times a driver is presented new advertising.

5 Planning Commission Staff Report Ordinance No. 791 August 13, 2014 Page 5 of 7 Require shielding or other appropriate measures to prevent uplight and light trespass from digital billboards consistent with Dark-Sky friendly goals. Based on this information, staff recommends engrossment of Ordinance No. 791 to address these concerns. Other Jurisdictions The Cities of Portland, Tigard, Canby, and Corvallis prohibit any new billboards including digital billboards. The Cities of Hillsboro and Salem have regulations for digital billboards. The City of Milwaukie has regulations for digital signs. The frequency of the change of display varies by jurisdiction from 8 seconds to 10 seconds and the change must take place between 1 to 4 seconds. Impacts to Residential Areas To minimize the potential impacts to residentially designated areas near digital billboards, staff proposes language that prohibits digital billboards from being located within 250 linear feet of the property line of a residentially designated property fronting on the same street of the digital billboard and within the line of sight of the digital billboard face. Nonconforming Signs Nonconforming signs are signs that do not conform to the current standards of the CDC. Per CDC Section (Compliance), any sign which is altered (e.g., conversion to digital), relocated, or replaced shall be brought immediately into compliance with all provisions of the CDC. The sign industry has requested that existing nonconforming outdoor signs be allowed to convert into digital billboards without being subject to CDC Section Staff strongly recommends against any changes to the nonconforming use and compliance standards in the CDC sign regulations. It is a standard land use practice to allow for the continuation of a nonconforming use until the use requires alterations, which then make it subject to the new standards in effect. Various sections of the CDC have nonconforming use standards, including the sign standards. In addition, the industry s request is beyond the scope of the Board s direction which was limited to provisions under SB 639. A primary concern of staff is the effect of any changes to the compliance requirements on a number of potentially nonconforming signs that are the subject of current ongoing litigation. Prior to August 2010, Holiday and Safety signs were considered exempt from the CDC sign regulations, and sign permits were not required. Due to the nature of the structures, however, building permits for structural review were required. Based on submitted elevation drawings, a typical sign allowed under this exemption measured up to 35 feet tall and had a total sign face area of 672 square feet (48 feet by 14 feet). Out of the 17 holiday or safety sign permits, seven have been finalized and constructed, and 10 permits are still pending due to litigation. Typically, building permit applications become

6 Planning Commission Staff Report Ordinance No. 791 August 13, 2014 Page 6 of 7 invalid 180 days from submittal, but due to the nature of the litigation, these 10 permits are still considered pending until further direction is given by County Counsel or the courts. Attachment B - Map 2 identifies the locations of the 17 holiday or safety signs that were submitted for structural review prior to August None of these signs would meet the current sign regulations either due to their land use district location (outside General Commercial) or because of their size (more that 300 square feet). Depending on the outcome of the litigation, it is possible that these signs could be considered nonconforming signs. If changes were made to CDC Section (Compliance) it would be possible that these and other currently nonconforming signs could be converted to digital signs, resulting in a proliferation of these signs in land use districts where they are not currently proposed and signs that are more than twice the size as currently proposed. Staff Recommendation Based upon the analysis provided in this staff report, including the Traffic Engineer s assessment and recommendation, staff proposes engrossing Ordinance No. 791 to: 1. Amend Section to increase the change from one message to another message to be no more frequent than once every 10 seconds. 2. Amend Section to require that digital billboards provide screening or other measures to meet dark sky requirements for uplight and light trespass per the County Road Standards. The proposed amendments are shown in Attachment D. Summary of Proposed Changes Ordinance No. 791 proposes to amend the Community Development Code relating to Digital Billboards as follows: Key Provisions CDC Section 106, DEFINITIONS, is amended to include a definition for Digital Billboard along with clarifying language to allow digital billboards. Amendments to CDC Subsection , Outdoor Signs, are made to include digital billboards as outdoor signs. CDC Subsection G, Location, is amended to include a setback for digital billboards of 250 linear feet from a residentially designated property fronting on the same street and within the line of sight of the billboard face. A new subsection is added to CDC Section 414-6, SIGNS: Illumination, to include illumination standards for digital billboards.

7 Planning Commission Staff Report Ordinance No. 791 August 13, 2014 Page 7 of 7 Several CDC Subsections of 414-SIGNS are amended to include and clarify provisions for digital billboards. S:\PLNG\WPSHARE\2014ord\ORD791_DigitalBillboard\Staff_Reports\PC\Ord791_StaffReport_PC.doc

8 SHAW ST CANYON RD Attachment A HILLSBORO BETHANY BLVD SUNSET HWY 185TH AVE CORNELL RD WALKER RD BASELINE RD BARNES RD CORNELIUS PASS RD 158TH AVE JENKINS RD MURRAY BLVD TUALATIN VALLEY HWY 170TH AVE CEDAR HILLS BLVD HWY TH AVE FARMINGTON RD WATSON AVE HALL BLVD BEAVERTON HILLSDALE BEAVERTON Map 1 - General Commercial Districts LEGEND General Ccommercial Districts (GC) Highways Cities County Boundary Miles ±

9 Attachment B CORNELIUS PASS RD EVERGREEN PKWY HILLSBORO BASELINE RD " CORNELL RD "" 174TH AVE RD AVE #" WEST 158TH AVE UNION RD WALKER RD THOMPSON R D " # SALTZMAN RD 26 CORNELL RD PORTLAND Map 2 Holiday / Safety Billboards Legend # Final / Constructed " Not Issued Community Business District Future Development - 10 acre minimum Future Developmetn - 20 acre minimum General Commercial Industrial Institutional Land Extensive Industrial Neighborhood Commercial # # 209TH AVE "" " 185TH AVE FARMINGTON RD # " 170TH AVE # JENKINS RD TUALATINVALLEYHWY CEDAR HILLS BLVD WATSON AVE BEAVERTON HALL BLVD CANYON RD Æ 217 BEAVERTON HILLSDALE HWY HALL BLVD ALLEN BLVD BARNES RD " # Office Commercial Transit Oriented: Business Transit Oriented: Employment Transit Oriented: Residential 12 to 18 units per acre Transit Oriented: Residential 18 to 24 units per acre Transit Oriented: Residential 40 to 80 units per acre Transit Oriented: Residential 80 to 120 units per acre Transit Oriented: Residential 9 to 12 units per acre Transit Oriented: Residential: 24 to 40 units per acre Transit Oriented: Retail Commercial Miles 1:70,000 BANY RD 175TH AVE HART RD BEARD RD MURRAY BLVD BROCKMAN ST AVE GREENWAY HALL BLVD Æ 217 TIGARD SCHOLLS FERRY RD RD GARDEN HOME RD OLESON RD Date: 08/08/2014 Document Path: J:\Users\JonathanCz\PROJECTS\Billboards\Map2Billboards8x11.mxd

10 To: From: Gary Stockhoff, County Engineer Stacy Shetler PE, County Traffic Engineer Date: July 17, 2014 Subject: Digital Billboards Long Range Planning presented a briefing to the Planning Commission on June 18, The briefing entailed information regarding a potential ordinance change to the Community Development Code to allow digital advertising signs along Washington County roadway facilities. Currently, digital advertising signs are allowed (and operated) along Oregon Department of Transportation facilities such as US 26, OR 217, and OR 8 (Tualatin Valley Highway) within the city limits of Hillsboro and Tigard. Senate Bill 639 in 2011 established the allowance and standards for such signs. As a result of the briefing by Long Range Planning, the Planning Commission requested input and supporting documentation from the County Traffic Engineer regarding the safety of digital advertising signs. This memo summarizes sources, findings and recommendations. Sources: Driver Visual Behavior In The Presence Of Commercial Electronic Variable Message Signs (CEVMS), FHWA September 2012 Effects of Outdoor Advertising Displays on Driver Safety, Caltrans October 2012 Enrolled Senate Bill 639 Oregon Legislative Assembly 2011 Regular Session Exploring the Use of Digital LED Billbords, County of San Diego January 2013 Conversations with Oregon State University researcher, University of Portland professor and Beaverton traffic engineer. Findings: There is no definitive research showing increased crashes due to the presence of digital billboards. However, the body of research shows an increased crash risk due to the distractive nature of electronic billboards. There is limited to no research regarding the safety of digital billboards in a similar context to Washington County Arterials. The urban/arterial environment is a complex driving environment that Department of Land Use & Transportation Engineering and Construction Services Traffic Engineering 1400 SW Walnut Street, MS 17 Hillsboro, OR phone: (503) fax: (503)

11 requires a high degree of attention to the driving task. The arterial environment tends to have more roadside information that a driver must process, unstable traffic flows and more points of conflicting traffic. The research presented by the advertising industry adds to the knowledge base. However, the study is limited in scope and isn t definitive in regards to the safety of digital billboards or billboards in general. Advertising messages/signs aren t regulated in regards to font, color, and legibility like the MUTCD regulates traffic control signs and messages intended for the driver. Oregon Senate Bill 639 doesn t allow digital billboards to display motion, or the appearance of motion. With signs changing every 8 seconds, there is the appearance of motion that can distract the driver multiple times before passing the sign. Recommendations: Distracted driving is a real and prevalent issue. The urban/arterial environment demands focused attention to the driving task. Allowing digital billboards adds to the distractive environment and can increase the risk for vehicular crashes. My recommendation is to not allow digital billboards. As an alternative to a complete restriction: Follow Senate Bill 639 guidelines; however increase the minimum time that a message is displayed to be greater than 8 seconds. A 10 to 16 second change interval would reduce the number of times a driver is presented new advertising. Require shielding or other appropriate measures to prevent uplight and light trespass from digital billboards consistent with Dark-Sky friendly goals. Department of Land Use & Transportation Engineering and Construction Services Traffic Engineering 1400 SW Walnut Street, MS 17 Hillsboro, OR phone: (503) fax: (503)

12 Attachment D Proposed Amendments to Ordinance No. 791 Exhibit 1 July 1, 2014 Page 1 of 5 The following sections of the Community Development Code are amended as shown below: 1. SECTION DEFINITIONS *** Sign A name, identification, description, display or illustration, which is affixed to, painted or represented directly or indirectly upon a building, or other outdoor surface which directs attention to an object, product, place, activity, person, institution, organization or business and where sign area means the space enclosed within the extreme edges of the sign for each face, not including the supporting structure or where attached directly to a building wall or surface, the outline enclosing all the characters of the word. Signs located completely within an enclosed building, and not exposed to view from a street, shall not be considered a sign. Each display surface of a sign shall be considered to be a sign Electric Any sign containing electric wiring. This does not include signs illuminated by an exterior floodlight source Flashing Any illumined sign on which the artificial light is not maintained stationary or constant in intensity and color at all times when such sign is in use. For the purpose of this Code any moving, illuminated sign, except digital billboards permitted pursuant to Section G, shall be considered a flashing sign. *** Digital Billboard A sign that is static and changes messages by any electronic process or remote control, provided that the change from one message to another message is no more frequent than once every eight (8) ten (10) seconds and the actual change process is accomplished in two (2) seconds or less. Digital signs complying with Section shall not be considered flashing as defined by this Code. 2. SECTION SIGNS 414 SIGNS The following sign regulations shall apply to all uses as indicated. *** Commercial and Institutional Districts Scope: abcdef Proposed additions abcdef Proposed deletions abcdef Proposed engrossment

13 Attachment D Proposed Amendments to Ordinance No. 791 Exhibit 1 July 1, 2014 Page 2 of 5 This Section shall apply to all Commercial Districts and the Institutional District Number and Size: *** For each lot or parcel signing at the listed size may be allowed: G. Outdoor Signs: Outdoor signs, including digital billboards,and excluding bench signs (see Section ), shall be permitted only in the General Commercial (GC) District. Such signs shall not exceed three hundred (300) square feet per face, nor shall the face exceed a length of twenty-five (25) feet or a height, excluding foundation and supports, of twelve (12) feet. In determining these limitations, the following shall apply: (1) Minimum spacing shall be as follows: Type of Highway Minimum space from Interchange (in feet) Minimum space between signs on same side of Highway (in feet) Interstate Hwy 500 Limited Access (Freeway) Other Roads None 500 (2) For the purpose of applying the spacing requirements of Section (1) above, the following shall apply: (a) (b) Distances shall be measured parallel to the centerline of the highway; and A back-to-back, double-faced or V-type sign shall be considered as one sign Location: A. Flat Wall Signs may be located on any wall of the building. B. Freestanding Signs must have a minimum clearance of eight (8) feet six (6) inches above a sidewalk and fifteen (15) feet above driveways or alleys. C. One Freestanding or Ground-Mounted sign per lot or parcel except as provided in Section B. and F. may be located anywhere on the premises except as follows: abcdef Proposed additions abcdef Proposed deletions abcdef Proposed engrossment

14 Attachment D Proposed Amendments to Ordinance No. 791 Exhibit 1 July 1, 2014 Page 3 of 5 (1) A ground-mounted sign shall not be located in a required side yard, rear yard or within five (5) feet of a street right-of-way. (2) A freestanding sign shall not be located in a required side or rear yard. A freestanding sign may project up to the street right-of-way provided there is a minimum ground clearance of eight (8) feet six (6) inches. D. Marquee Signs or signs located on or attached to marquees must have a minimum clearance of not less than eight (8) feet six (6) inches (8' 6"). The maximum vertical dimension of signs shall be determined as follows: Height above Grade Vertical Dimension 8' 6" up to 10' 2' 6" high 10' up to 12' 3' high 12' up to 14' 3' 6" high 14' up to 16' 4' high 16' and over 4' 6" high E. Wall signs shall not extend above the top of a parapet wall or a roofline at the wall, whichever is higher. F. Permitted outdoor signs, including digital billboards, may be allowed anywhere on the premises except in a required side yard, rear yard or within twenty (20) feet of a street right-of-way. G. No portion of a digital billboard shall be located within two hundred and fifty (250) linear feet of the property line of a residentially designated property fronting on the same street and within the line of sight of the billboard face Height: Content: A. Ground-mounted signs shall not exceed four (4) feet in height from ground level. B. Freestanding signs shall not exceed twenty-eight (28) feet in height from ground level. C. Outdoor signs, including digital billboards, shall not exceed thirty-five (35) feet in height from ground level. A. Any of the signs pursuant to this Section (414-2) may be changeable copy signs. B. The primary identification sign for each firm shall contain its street number. The street number shall be clearly visible from the street right-of-way. abcdef Proposed additions abcdef Proposed deletions abcdef Proposed engrossment

15 Attachment D Proposed Amendments to Ordinance No. 791 Exhibit 1 July 1, 2014 Page 4 of Illumination: *** Shall be as provided in Section Illumination *** No sign shall be erected or maintained which, by use of lights or illumination, creates a distracting or hazardous condition to a motorist, pedestrian or the general public. In addition: Digital billboards allowed pursuant to Section G shall: A. Display only static messages that remain constant in illumination intensity and do not have movement or the appearance or optical illusion of movement; B. Not operate at an intensity level of more than 0.3 foot-candles over ambient light as measured at a distance of one hundred and fifty (150) feet; C. Be equipped with a light sensor that automatically adjusts the intensity of the billboard according to the amount of ambient light; and D. Be designed to either freeze the display in one static position, display a full black screen, or turn off in the event of a malfunction. E. Provide screening or other measures to meet dark sky requirements for uplight and light trespass per the County Road Standards Prohibited Signs Signs or lights which: Are of a size, location, movement, coloring, or manner of illumination which may be confused with or construed as a traffic control device or which hide from view any traffic or street sign or signal; Contain or consist of banners, posters, pennants, ribbons, streamers, strings of light bulbs, spinners, or other similarly moving devices or signs which may move or swing as a result of wind pressure. These devices when not part of any sign are similarly prohibited, unless they are permitted specifically by other legislation; Have blinking, flashing or fluttering lights or other illuminating devices which exhibit movement, except digital billboards as permitted pursuant to this Code; abcdef Proposed additions abcdef Proposed deletions abcdef Proposed engrossment

16 Attachment D Proposed Amendments to Ordinance No. 791 Exhibit 1 July 1, 2014 Page 5 of Are roof signs except as allowed in Section ; Are freeway-oriented signs; and Are portable signs; and. *** abcdef Proposed additions abcdef Proposed deletions abcdef Proposed engrossment