Loading...
ZIL2021-00007 M City of Tigard March 29, 2021 Molly McGavick 112 Water Street, 5`' Floor Boston,MA 02109 Re: Zoning Inquiry Letter—ZIL2021-00007 11630 & 11660 SW Hall Blvd Tigard, OR 97223 Tax lots 1S135DD01300 and 1S135DD01400 Dear Ms. Molly McGavick, These properties are located in the Mixed-Use Central Business District (MU-CBD) zone,within the Downtown Plan District. The MU-CBD zoning was established in 2009 through CPA2009-00003. The surrounding properties to the north are C-G, east is C-G, south is MU-CBD, and west is MU- CBD and R-12. The site is currently undeveloped; BUP2019-00309 and BUP2019-00309 approved the demolition of the previous structures. These properties are not located within a planned development or sensitive lands. Our records do not show any open or outstanding land use cases related to this property. The most recent application for these properties was a pre-application conference PRE2021-00018, which explored the possibility of a self-storage use at this location. It does not appear that there are any open code violations for these properties. Future development would be required to meet the land use standards, development standards, and review processes dictated by the MU-CBD zone and Downtown Plan District sections of the Development Code (appropriate chapters attached here). You will need to coordinate with Engineering staff to determine whether additional improvements will be required depending on the type of development proposed at these sites. They can be reached at 503-718-4977. Without further analysis, it is uncertain whether the site is in compliance with the current Development Code or whether any legal nonconforming issues exist. Sincerely, Hope Pollard Associate Planner 13125 SW Hall Blvd. 9 Tigard, Oregon 97223 • 503.639.4171 TTY Relay: 503.684.2772 0 www.tigard-ongov Chapter 18.120 COMMERCIAL ZONES Sections: 18.120.010 Purpose 18.120.020 List of Base Zones 18.120.030 Land Use Standards 18.120.040 Land Use Restrictions 18.120.050 Housing Types 18.120.010 Purpose The purpose of this chapter is to implement the goals and policies of the comprehensive plan related to land use planning and economic development by: A. Ensuring that a full range of goods and services are available throughout the city so that residents can fulfill all or most of their needs within easy driving distance and, ideally, within easy walking and biking distance of their homes; B. Ensuring that a full range of economic activities and job opportunities are available throughout the city; and C. Minimizing the potential adverse impacts of commercial uses on residential uses by carefully locating and selecting the types of uses allowed in each commercial zone. (Ord. 18-28 §1; Ord. 18-23 §2; Ord. 17-22 §2) 18.120.020 List of Base Zones A. C-N: Neighborhood Commercial zone. The C-N zone is designed to provide convenience goods and services within a small cluster of stores adjacent to residential neighborhoods. Convenience goods and services are those that are purchased frequently, meaning at least weekly; for which comparison buying is not required; and that can be sustained in a limited trade area. Such uses include convenience markets, personal services, and repair shops. A limited number of other uses, including but not limited to gas stations,medical centers, religious institutions,park-and-ride lots, and uses with drive-through services, are allowed conditionally. B. C-C: Community Commercial zone. The C-C zone is designed to provide convenience shopping facilities that meet the regular needs of nearby residential neighborhoods. With a service area of about 1.5 miles, such commercial centers typically range in size from 30,000-100,000 square feet on sites ranging from 2 to 8 acres. Separated from other commercially-zoned areas by at least 0.5 miles, community commercial centers are intended to serve several residential neighborhoods, ideally at the intersection of two or more collector streets or at the intersection of an arterial and collector street. A limited number of other uses, including but not limited to gas stations, medical centers, religious institutions,park-and-ride lots, and uses with drive-through services, are allowed conditionally. C. C-G: General Commercial zone. The C-G zone is designed to accommodate a full range of retail, office, and civic uses with a citywide and even regional trade area. Except where nonconforming, residential uses are limited to mixed-use developments. A wide range of uses, including but not limited to adult entertainment, automotive equipment repair and storage, mini-warehouses, utilities, Commercial Zones 18.120-1 Code Update:4120 heliports, medical centers, major event entertainment, and gasoline stations, are allowed conditionally. D. C-P: Professional/Administrative Commercial zone. The C-P zone is designed to accommodate civic and professional services and compatible support services, for example convenience retail, personal services, and restaurants, in close proximity to residential areas and major transportation facilities. Heliports, medical centers, religious institutions, and utilities are allowed conditionally. Developments in the C-P zone are intended to serve as a buffer between residential areas and more intensive commercial and industrial areas. E. MU-CBD: Mixed-Use Central Business District zone. The MU-CBD zone is designed to provide a pedestrian-friendly urban village in downtown Tigard. A wide variety of commercial, civic, employment,mixed-use, apartments, and rowhouses are allowed. F. MUE: Mixed-Use Emplovment zone. The MUE zone is designed to accommodate a wide range of uses including major retail goods and services, business and professional offices, civic uses, and apartments. G. MUE-1 and MUE-2: Mixed-Use Emi)lovment 1 and 2 zone. The MUE-1 and 2 zones are designed to apply to areas where employment uses such as office, research and development, and light manufacturing are concentrated. Commercial and retail support uses are allowed but are limited, and residential uses are allowed that are compatible with the employment character of the area. Lincoln Center is an example of an area designated MUE-1, a high-density mixed-use employment zone. The Nimbus area is an example of an area designated MUE-2,requiring more moderate densities. H. MUC: Mixed-Use Commercial zone. The MUC zone includes land around the Washington Square Mall and land immediately west of Highway 217. Primary uses allowed include office buildings, retail, and service uses. Also allowed are mixed-use developments and housing at densities of 50 units per acre. Larger buildings are encouraged in this area with parking under, behind, or to the sides of buildings. I. MUC-1: Mixed-Use Commercial 1 zone. The MUC-1 zone,which is designed to apply to that portion of Bridgeport Village (formerly known as the Durham Quarry site) within the City of Tigard, is a mixed-use commercial zone bounded by 72nd Avenue, Findlay Street, and the Tigard, Tualatin and Durham city limits. This site is the subject of an intergovernmental agreement between the cities of Tigard and Tualatin. Pursuant to that agreement the City of Tualatin will furnish all planning, building, and associated development review and permit services for the site. This zone is intended to mirror the City of Tualatin's Mixed-Use Commercial Overlay District in Tualatin Development Code, Chapter 57. It permits a wide range of uses including commercial lodging, general retail, offices, and housing. Additional uses, including but not limited to major event entertainment and motor vehicle retail fuel sales, are allowed conditionally. J. MUR-1 and MUR-2: Mixed-Use Residential 1 and 2 zone. The MUR-1 and MUR-2 zones are designed to apply to predominantly residential areas where mixed-uses are allowed when compatible with the residential use. A high-density (MUR-1) and moderate-density (MUR-2) designation is available within the MUR zone. K. TMU: Triangle Mixed-Use zone. The TMU zone applies to most land within the Tigard Triangle, a regional Town Center bounded by Pacific Highway, Highway 217, and Interstate 5. The TMU zone is intended to be an active, urban, multimodal, and mixed-use district that accommodates a variety of Commercial Zones 18.120-2 Code Update:4120 housing options and uses, promotes pedestrian-oriented development, and limits new auto-oriented development. (Ord. 18-28 §1; Ord. 18-23 §2; Ord. 17-22 §2) 18.120.030 Land Use Standards A. General provisions. A list of allowed,restricted, conditional, and prohibited uses in commercial zones is provided in Table 18.120.1, except for uses in the TMU zone, which are provided in Chapter 18.660, Tigard Triangle Plan District. If a use category is not listed, see Section 18.60.030. 1. Allowed(A). Uses that are allowed, subject to all of the applicable provisions of this title. 2. Restricted (R). Uses that are allowed provided they are in compliance with special requirements, exceptions, or restrictions. 3. Conditional (C). Uses that require the approval of the Hearings Officer using discretionary criteria. The approval process and criteria are provided in Chapter 18.740,Conditional Uses. 4. Prohibited(P). Uses that are not allowed under any circumstance. B. Use restrictions. All allowed, restricted, and conditional uses in the C-N and C-C zones are subject to additional land use restrictions in Section 18.120.040. C. Development standards. The standards for residential development in commercial zones are located in the applicable housing type chapter in 18.200 Residential Development Standards. The standards for nonresidential development in commercial zones—including mixed-use development with or without a residential component—are located in Chapter 18.320, Commercial Zone Development Standards, and the applicable plan district chapter, if any. Commercial Zones 18.120-3 Code Update:4120 "TIM Use Categories C-N C-C C-G C-P -CBD M MUC-1 MUC MUE MUR [ll [11 [21 1 and 2 1 and 2 Residential Use Category MM Residential Use R [3] R [3] I R[3,4] P A A A I A JA JA Civic/Institutional Use Categories A Basic Utilities [51 A/C A/C A/C A/C A/C A/C A/C A/C A/C A/C Colleges P P P P A C C C C C Community Services A A P P A C P A C C Cultural Institutions A A A A A A A A A P Day Care A A A A A A A A A A/C [61 Emergency Services A A A A A A A A A P Medical Centers C C C C C C C C C C Postal Service A A A A A A A A A P Religious Institutions A A A A A A A A A C Schools P P P P A C C C C C Social/Fraternal Clubs/Lodges A A A A A A A A A C Temporary Shelter P P C P C P AL C C C C Commercial Use Categories Adult Entertainment P P C P P P P C P P Animal-Related Commercial P P P P P A A P P P Bulk Sales P P A P A/P [7] A R [8] R [9] R [9] P Commercial Lodging P P A A A A A A A P Custom Arts and Crafts R [101 R [101 P P R [10] P P P P P Eating and Drinking Establishments A A A R[II] A A A A A R [12] Indoor Entertainment A A A A A A A A A P Major Event Entertainment P P C P C P C C P P Motor Vehicle Sales/Rental P P A/C [131 P A/P [71 P P R [14] R [14] P Motor Vehicle Servicing/Repair [151 C [161 C [16] A P C R [8] R [8] P P P Non-Accessory Parking C C A A A A A A A P Office A A A A A A A A A R [12] Outdoor Entertainment P P A A C P P C P P Outdoor Sales P P A P P P P P P P Personal Services A A A A A A R [8] A R [9] R [12] Commercial Zones 18.120-4 Code Update:4120 Table I Commercial Zone id, Use Categories C-N C-C C-G C-P ] MU_C''jkMUE MUC-1 MUC MUE MUR 1 [1] [2] 1 and 2 I 1 and 2 Repair-Oriented Retail A A A A A A R [81 R [91 R [91 P Sales-Oriented Retail A A A R [111 A/R [171 A/R [18] R [8] A R [9] R [121 Self-Service Storage P P C P A/P [7] P P P P P Vehicle Fuel Sales C C C P A/P [7] P C C C P Industrial Use Categories General Industrial P P P P P P P P P P Heavy Industrial P P P P P P P P P P Industrial Services P P P P P P P P P P Light Industrial P P P P P R [15] P P R [15] P Railroad Yards P P P P P P P P P P Research and Development P P P P C R [14] R [14] P R [15] P Warehouse/Freight Movement P P P P P R [14] P P R [14, 15] P Waste-Related P P P P P P P P P P Wholesale and Equipment Rental P P P P P P P P R 14, 156P Other Use Categories Agriculture/Horticulture P P P P P P P P P P Cemeteries P P P P P P P P P P Detention Facilities P P C P C P P P P P Heliports P P C C P P P P P P Mining P P P P P P P P P P Transportation/Utility Corridors A A A A A A A A A A Wireless Communication Facilities A/R A/R A/R A/R A/R A/R A/R A/R A/R A/R [19] A=Allowed R=Restricted C=Conditional Use P=Prohibited [1] See Section 18.120.040 for additional land use restrictions. [2] Uses with drive-through services that were lawfully in existence prior to the adoption of the MU-CBD zone are allowed. All new uses with drive- through services are prohibited. [3] Residential uses are allowed on or above the second story of a mixed-use development where the first story contains an allowed commercial use. Commercial Zones 18.120-5 Code Update:4120 [4] A single detached house is allowed where it is located on the same site with an allowed or conditional use and is occupied exclusively by a caretaker or superintendent of the allowed or conditional use. [5] Above-ground public and private utility facilities proposed with development and underground public and private utility facilities are allowed. Standalone above-ground public and private utility facilities not proposed with development are allowed conditionally. [6] Family Day Care is allowed. Other Day Care uses are allowed conditionally. [7] Uses that were lawfully in existence prior to the adoption of the MU-CBD zone are allowed. All new uses are prohibited. [8] The maximum allowed gross floor area is 60,000 square feet per building or tenant. [9] The maximum allowed gross floor area is 60,000 square feet per use for uses proposed after the adoption of the MUC,MUE-1, and MUE-2 zones. [10] The maximum area allowed for production is 500 square feet per building or tenant. [11] The maximum allowed combined area of Sales-Oriented Retail and Eating and Drinking Establishments is 20 percent of the gross floor area of the other uses allowed by right on the premises. [12] Uses must be within a mixed-use development. Uses may occupy a maximum of 50 percent of the total gross floor area within the mixed-use development only when minimum residential densities are met. Properties that were zoned commercial prior to March 28, 2002 are exempt from this requirement. These properties, or lots created from these properties, may develop as a single-use commercial development. The tax assessor map numbers for exempt properties are as follows: 1 S 135AA-00400, 1 S 135AA-01400, 1 S 135AA-01900, 1 S 135AA-01901, 1 S 135DA-02000, 1 S 135AA- 02500, 1 S 135AA-02600, 1 S 135AA-02700, 1 S 135DA-01900, and 1 S IDA-02000. [13] Sales or rental of heavy vehicles or farm equipment is allowed conditionally. [14] Uses allowed only as accessory uses to allowed uses where contained in the same structure and less than the gross floor area of the allowed use, except for Motor Vehicle Sales/Rental which is allowed as a primary use in specific locations as provided in Subsection 18.670.020.C. [15] All use activities must be contained inside a structure except for employee and customer parking. [16] Only motor vehicle cleaning is allowed. [17] The maximum allowed gross floor area is 60,000 square feet per building or tenant in all MU-CBD subareas except the 99W-Hall subarea as shown on Map 18.650.A. [18] The maximum allowed gross floor area is 30,000 square feet per building or tenant where the site is more than 3 acres in size. One additional square foot of floor area is allowed for each 4 square feet of floor area occupied or designed for an allowed use other than a Sales-Oriented Retail use. [19] See Chapter 18.450,Wireless Communication Facilities, for a description of allowed and restricted facilities. (Ord. 20-01 §1; Ord. 18-28 §1; Ord. 18-23 §2; Ord. 17-22 §2) Commercial Zones 18.120-6 Code Update:4120 18.120.040 Land Use Restrictions The following restrictions apply to all uses in the C-N and C-C zones: A. Uses must be contained inside a structure except for the following accessory uses: 1. Parking and loading areas; 2. Day care outdoor play areas; 3. Dining or drinking areas where associated with an allowed Eating and Drinking Establishment or Sales-Oriented Retail use; or 4. Sale, display, or storage of horticultural and food merchandise where limited to a maximum area of 5 percent of the gross floor area of the primary use. B. Uses with drive-through services or operating before 6 a.m. or after 11 p.m. are allowed conditionally. C. Each use is allowed a maximum gross floor area of 5,000 square feet per building or tenant except for the following uses: 1. Sales-Oriented Retail uses primarily involved in the sale of food and beverages are allowed a maximum gross floor area of 40,000 square feet per building or tenant; and 2. All other Sales-Oriented Retail uses are allowed a maximum gross floor area of 10,000 square feet per building or tenant. (Ord. 18-28 §1) 18.120.050 Housing Types A. A housing type is not a use category. It describes a type of development that can contain a Residential Use. B. A list of allowed, limited, and prohibited housing types in commercial zones is provided in Table 18.120.2. Commercial zones that do not allow any residential uses or allow them only in a mixed-use development are not included in the table. Terms and abbreviations used are defined as follows: 1. Yes, allowed(Y). Housing types that are allowed. 2. Limited(L). Housing types that require a conditional use approval or are allowed subject to specific limitations. 3. No,prohibited(N). Housing types that are not allowed under any circumstance. C. Housing types that are allowed or allowed on a limited basis are subject to the standards and provisions of the applicable development standards chapter or applicable plan district chapter, if any. The applicable development standards chapter for each housing type is indicated in parentheses in the first column of Table 18.120.2. D. All allowed housing types may be built on site or brought to the site as a manufactured home. Tiny houses are prohibited in all zones. Commercial Zones 18.120-7 Code Update:4120 Table I Commercial Zone Housing Types Housing Types C-G CBD MUE MUC-1 MUC iM d 2 Mnd 2 Detached Dwelling Units Accessory Dwelling Units N N N Y L[1] L[1] L[1] (18.220) Cottage Clusters (18.240) N N N N N N Y Mobile Home Parks (18.260) N L[2l N Y L[3] L[3] L[3] Single Detached Houses L[4] N L[5] Y L[3] L[3] L[3] (18.290) Attached Dwelling Units Accessory Dwelling Units N N N Y L[1] L[1] L[1] (18.220) Apartments (18.230) N Y Y Y Y Y Y Courtyard Units(18.250) N N N N N N Y Quads (18.270) N N N N N N Y Rowhouses (18.280) N Y L[5] Y L[3] L[3] Y Y=Yes, Allowed L=Limited, See Footnotes N=No,Prohibited [1] Accessory dwelling units are only allowed on sites with pre-existing single detached houses. [2] Mobile home parks that were lawfully in existence prior to the adoption of the MU-CBD zone are allowed. All new mobile home parks are prohibited. [3] Mobile home parks, single detached houses, and rowhouses that were lawfully in existence prior to the adoption of the Washington Square Regional Center Plan District are allowed. Conversion of pre-existing mobile home parks, single detached houses, or rowhouses to other housing types or uses is subject to the requirements of Chapter 18.670, Washington Square Regional Center Plan District. [4] A single detached house is allowed where it is located on the same site with an allowed or conditional use and is occupied exclusively by a caretaker or superintendent of the allowed or conditional use. [5] Pre-existing single detached houses and rowhouses are allowed. All new single detached houses and rowhouses are prohibited. (Ord. 20-01 §1; Ord. 18-28 §1; Ord. 18-23 §2; Ord. 17-22 §2) ■ Commercial Zones 18.120-8 Code Update:12118 Chapter 18.320 COMMERCIAL ZONE DEVELOPMENT STANDARDS Sections: 18.320.010 Purpose and Definition 18.320.020 Applicability 18.320.030 Application Type 18.320.040 Development Standards 18.320.050 Design Standards 18.320.060 Additional Standards for C-N,C-C, and C-G Zones 18.320.070 Additional Standards for Adult Entertainment Uses 18.320.010 Purpose and Definition A. Purpose. The purpose of this chapter is to provide standards for nonresidential development in commercial zones that promote quality development and enhance the livability, walkability, and safety of the community. B. Definition. Nonresidential development includes mixed-use developments with or without a residential component and single-use developments that contain a civic, institutional, commercial, industrial, or other nonresidential use. (Ord. 18-28 §1) 18.320.020 Applicability A. The standards of this chapter apply to nonresidential development in the C-N, C-C, C-G, C-P, MUC, MUE, MUE-1, MUE-2, MUR-1, and MUR-2 zones. Additional standards apply to nonresidential development in the River Terrace Plan District and Washington Square Regional Center Plan District as provided in Chapter 18.640, River Terrace Plan District, and Chapter 18.670, Washington Square Regional Center Plan District. B. Nonresidential development in the MUC-1 zone is subject to the standards of Chapter 18.620, Bridgeport Village Plan District. C. This chapter does not apply to nonresidential development in the MU-CBD and TMU zones. Nonresidential development in these zones is subject to the approval processes and standards of Chapter 18.650, Tigard Downtown Plan District, and Chapter 18.660, Tigard Triangle Plan District, respectively. D. Residential development in commercial zones is subject to the approval processes and standards of the applicable housing type in Chapter 18.200, Residential Development Standards. (Ord. 19-09 §1; Ord. 18-28 §1) 18.320.030 Application Type Nonresidential development in commercial zones requires a site development review application, except where a conditional use or planned development application is required or proposed. (Ord. 19-09 §1; Ord. 18-28 §1) Commercial Zone Development Standards 18.320-1 Code Update:4120 18.320.040 Development Standards A. Base zone development standards are provided in Table 18.320.1. Table I Commercial i Development Standards fi Nonresidential Development C-N MUE-2 MUC Standard and C-G C-P MUE and MUR-1 and C-C MUR-2 [1] MUE-1 [1] [1] Minimum Lot Size 5,000 0 sq ft 6,000 0 sq ft 0 sq ft 0 sq ft 0 sq ft sq ft sq ft Minimum Lot Width 50 ft 50 ft 50 ft 50 ft O ft O ft 0 ft Minimum Setback -Front Oft Oft Oft Oft loft Oft Oft -Street side Oft Oft Oft Oft loft 5 f Oft -Side Oor2Oft Oor2Oft Oor2Oft Oor2Oft Oor2Oft Oor2Oft Oor2Oft [2] [3] [3] [3] [3] [3] [3] -Rear Oor2Oft 0or20ft Oor2Oft Oor2Oft Oor2Oft Oor2Oft Oor2Oft [2] [3] [3] [3] [3] [3] [3] Maximum Setback -Front 20 ft None or None None 20 ft 20 ft 20 ft 10 ft [4] -Street side 20 ft None or None None 20 ft 20 ft 20 ft 10 ft [4] Minimum Height O ft O ft O ft 0 ft O ft 2 stories 2 stories Maximum Height 35 ft 45 ft 45 ft 45 ft 60 ft 75 ft 200 ft Maximum Lot Coverage 85% 85% 85% 80% 80% 80% 85% Minimum Landscape 15% 15% 15% 20% 20% 20% 15% Area Minimum FAR[5] None None None None 0.3 0.6 1.25 Maximum FAR [5] None None None 0.4 [6] None None None [1] See Chapter 18.670, Washington Square Regional Center Plan District, for additional development standards. [2] Minimum side and rear setbacks are 0 feet, except the minimum side and rear setbacks are 20 feet where the site abuts a residential zone. [3] Minimum side and rear setbacks are 0 feet, except the minimum side and rear setbacks are 20 feet where the site abuts an R-1 through R-12 zone. [4] There are no maximum front and street side setbacks, except maximum front and street side setbacks are 10 feet where the site is located within the Tigard Triangle Plan District. See Map 18.660.A. [5] The net development area, as defined in Section 18.40.020.A, is used to establish the lot area for purposes of calculating the floor area ratio (FAR). Residential floor area in mixed-use developments is included in the floor area calculation to determine conformance with FAR. [6] Commercial Lodging uses are not subject to this requirement. Commercial Zone Development Standards 18.320-2 Code Update:4120 B. Landscaping and screening. All required landscaping, including landscaping used to meet screening or tree canopy standards, is subject to the general provisions of Chapter 18.420, Landscaping and Screening. 1. The minimum landscape area standard is provided in Table 18.320.1. Landscaping standards are provided in Section 18.420.040. Any landscape area that meets the L-2 standard may count toward meeting the minimum area standard. 2. Screening standards are provided in Section 18.420.050. Screening is required as follows: a. Service areas and wall- and roof-mounted utilities must be screened to the S-1 standard. Service areas and utilities are also subject to the standards in Subsection 18.320.040.D. b. Nonresidential development that abuts a residential zone must be screened to the S-3 standard along all property lines, except street property lines. c. Surface vehicle parking areas, loading areas, drive aisles, and stacking lanes for drive-through services within 20 feet of a street property line must be screened to the S-4 standard. Screening must be provided directly adjacent to the street property line, except where access is taken. 3. The minimum tree canopy standards for the site and any off-street vehicle parking areas are provided in Section 18.420.060. C. Pedestrian access. 1. Paths must provide safe and convenient pedestrian access from public sidewalks abutting the site to all required building entrances on the site. A minimum of 1 path is required for every 200 linear feet of street frontage. 2. Paths must provide safe and convenient pedestrian access within the site between all buildings, uses, and areas designed for use by pedestrians. Paths within parking areas or along drive aisles are subject to additional standards in Subsection 18.410.040.B. 3. Paths must extend to the perimeter property line to provide access to existing or planned pedestrian facilities on adjacent properties, such as trails or public access easements, where practicable. 4. Paths must be constructed with a hard surface material and have a minimum unobstructed width of 5 feet. D. Utilities and service areas. 1. Private utility facilities, such as transformers or control valves, that serve a single development must be located below ground unless the functional properties of the facility require above- ground placement. If located above ground, all facilities 1 cubic foot or greater in volume or with any one dimension greater than 2 feet must meet the following standards where not wall- or roof- mounted or located inside a building: a. The facility may not be located within 20 feet of any street property line; and b. The facility must be dark in color and painted or wrapped with a non-reflective material. Commercial Zone Development Standards 18.320-3 Code Update:4120 2. Service areas, such as waste and recycling containers, outdoor storage, and mechanical equipment, may not be located within 20 feet of any street property line, except where located inside a building. E. Whtin2. 1. Minimum illumination levels are measured horizontally at ground level. a. The minimum average illumination is 1.5 footcandles for paths, except those within parking areas, which are subject to the lighting standards in Subsection 18.410.040.I. All points of measurement must be a minimum of 0.5 footcandles. b. The minimum average illumination is 3.5 footcandles for required building entrances and 2.0 footcandles for any non-required building entrances. All points of measurement must be a minimum of 1.0 footcandle. 2. Maximum illumination levels are measured vertically at the property line. The maximum illumination is 0.5 footcandles at side and rear property lines, except that the maximum illumination may be increased to 1.0 footcandle where the development abuts a commercial or industrial zone. 3. Lighting must be shielded, angled, or located such that it does not shine upwards or directly onto adjacent properties or sensitive lands. F. Nonresidential development is subject to all other applicable requirements of this title including but not limited to standards related to parking and loading, streets and utilities, sensitive lands, and signs. (Ord. 18-28 §1) 18.320.050 Design Standards A. Entrances. 1. A minimum of one entrance per building, or tenant space within a building without internal building access, must be visible and accessible from a public street. Additional entrances may face drive aisles,parking areas, or service areas. 2. A required building entrance must be at an angle that is no more than 45 degrees from the street that it faces. 3. A required building entrance must be covered, recessed, or treated with a permanent architectural feature that provides weather protection for pedestrians. The required weather protection must be at least as wide as the entrance, a maximum of 6 feet above the top of the entrance, and a minimum of 3 feet in depth. The required weather protection may project into the minimum front setback. B. Windows. Buildings or tenant spaces designed for first-story use by Eating and Drinking Establishments, Sales-Oriented Retail, Repair-Oriented Retail, Personal Services, and Office uses must include a minimum of 50 percent window area on all first-story street-facing facades. (Ord. 20- 01 §1; Ord. 18-28 §1) Commercial Zone Development Standards 18.320-4 Code Update:4120 18.320.060 Additional Standards for C-N, C-C, and C-G Zones A. C-N and C-C zones. The following standards apply to development in the C-C and C-N zones in addition to all other applicable standards of this title. 1. Pedestrian access. a. Paths that provide access from public sidewalks to required building entrances must have a minimum unobstructed width of 8 feet. b. Path surfaces must be visually distinguished from drive aisle surfaces where paths cross drive aisles through the use of durable and low-maintenance materials such as pavers, bricks, or scored concrete. 2. Site design. a. Minimum and maximum building setbacks are met when at least 70 percent of the street- facing building facade is located within the setback area. b. Vehicle parking and loading areas must be located to the side or rear of primary buildings and not between primary buildings and the street property line. c. Vehicle parking and loading areas must be designed and located to minimize conflicts between vehicular and non-vehicular traffic. d. Loading areas must be designed and located to minimize adverse impacts on adjacent properties,particularly those in residential zones or with residential uses. e. Landscaping must be designed and located to emphasize the major points of access into the site and to help define and separate vehicular and non-vehicular circulation within parking areas. f. The following bicycle parking standards apply to the nonresidential component of a mixed- use or single-use development. Where a mixed-use development includes a residential component, the bicycle parking standards in Subsection 18.230.040.E apply to the residential component of the development. i. A minimum of 50 percent of required bicycle parking spaces must be located within 20 feet of the street property line and be visible to pedestrians from the public sidewalk in front of the site; ii. A minimum of 50 percent of required bicycle parking spaces must be covered where the site is located within 500 feet of an existing or planned trail; and iii. Bicycle parking may be located in the public right-of-way with approval of the City Engineer. g. Where the site is located on a street corner, the corner area must include a unique site or building design feature such as an angled or rounded building corner, prominent building entrance, permanent seating area, water feature, sculpture, or distinctive paving or landscaping. Commercial Zone Development Standards 18.320-5 Code Update:4120 3. Building design. a. All street-facing facades must provide a minimum of 50 percent of window area on all first- story facades and a minimum of 30 percent of window area on all upper-story facades, except that residential uses on upper stories must provide a minimum of 15 percent of window area. b. All street-facing facades must include pedestrian-scale architectural design features such as awnings, window shadowing, accent siding, roof eaves, projecting cornices, horizontal belt courses, or enhanced entries that are appropriately scaled for the building size and location. Awnings may project into the public right-of-way with City Engineer approval provided they have a minimum vertical clearance of 8 feet from sidewalk grade and a minimum horizontal projection of 5 feet from building facade. c. All building facades, other than street-facing facades, that are visible from public parking areas and adjacent properties must provide visual interest and avoid large blank walls through the use of windows, doors, color, landscaping, or wall treatments. d. All accessory buildings, including structures required to screen utilities and service areas, and all site improvements, such as fences, walls, signs, and light fixtures, must use materials, colors, and architectural design features that are similar in scale and appearance to those on primary buildings. Chain link fencing and unfinished concrete blocks are prohibited. B. C-G zone within the Tigard Triangle. The following standards apply to development in the C-G zone within the Tigard Triangle. These standards apply in addition to all other applicable standards of this title and govern in the event of a conflict. See Chapter 18.660, Tigard Triangle Plan District, for additional transportation facility standards and Map 18.660.A for the location of the C-G zone within the Tigard Triangle. 1. Buildings must occupy a minimum of 50 percent of all street frontages along Highway 99W, Dartmouth Street, 72nd Avenue, 74th Avenue, and 68th Parkway. Buildings must be located at the corners of public street intersections where practicable. 2. All street-facing facades within the required setbacks must include windows on a minimum of 50 percent of the first-story facade area. First-story facade area is measured from 3 feet above grade to 9 feet above grade the entire length of each street-facing facade. 3. All street-facing facades that extend more than 50 feet must provide at least one of the following features: a. A change in surface or siding material, color, or pattern; b. A wall recession or projection that is a minimum of 6 feet in width and 2 feet in depth for the entire height of the facade; c. A projecting cornice or eave; or d. Other design features that reflect the building's structural system. 4. All street-facing facades that extend more than 300 feet must provide a pedestrian entry into the building or a breezeway between buildings. Commercial Zone Development Standards 18.320-6 Code Update:4120 5. The area between the building facade and the street property line must be landscaped or include hardscape materials that increase the width of the adjacent public sidewalk through the use of pavers, bricks, or scored concrete. This area may count toward meeting the base zone landscape area standard. 6. Surface vehicle parking and loading areas must be located to the side or rear of primary buildings and not between primary buildings and the street property line. (Ord. 20-01 §1; Ord. 18-28 §1) 18.320.070 Additional Standards for Adult Entertainment Uses A. Adult Entertainment uses are prohibited within 500 feet of any: 1. Residential zone, 2. Public or private primary, elementary,junior,middle, or high school, 3. Day care or hospital, 4. Public library, 5. Public park, or 6. Religious institution. B. Hours of operation are limited to between 10 a.m. and 1 a.m. C. Windows less than 7 feet from the ground must be covered or screened such that sales areas and merchandise are not visible from public sidewalks. D. Doors and windows must be closed at all times except for normal ingress and egress. E. Any sound transmitted by any means that is audible outside the structure containing the use is prohibited. (Ord. 18-28 §1) ■ Commercial Zone Development Standards 18.320-7 Code Update:4120 Chapter 18.650 TIGARD DOWNTOWN PLAN DISTRICT Sections: 18.650.010 Purpose 18.650.020 Applicability 18.650.030 Approval Process 18.650.040 Approval Criteria 18.650.050 Development Standards 18.650.060 Design Standards 18.650.070 Transportation Connectivity 18.650.080 Specific Adjustments 18.650.010 Purpose A. Purpose. The purpose of this chapter is to implement the comprehensive plan, Tigard Downtown Improvement Plan, and urban renewal plan and ensure the quality, attractiveness, and special character of the downtown plan district, as shown on Map 18.650.A. The regulations are intended to: 1. Facilitate the development of an urban village by promoting the development of a higher density, economically viable, and aesthetically pleasing pedestrian-oriented downtown where people can live, work,play, and shop for their daily needs without relying on the automobile. The quality and scale of the downtown urban environment will foster social interaction and community celebration. 2. Encourage the integration of natural features and the open space system into downtown by promoting development sensitive to natural resource protection and enhancement; addressing the relationship to Fanno Creek Park; and promoting opportunities for the creation of public art and use of sustainable design. 3. Enhance the street level as an inviting place for pedestrians by guiding the design of the buildings that frame the right-of-way (the public realm) to contribute to a safe, high quality pedestrian- oriented streetscape. Building features will be visually interesting and human-scaled, such as storefront windows, detailed facades, art, and landscaping. The impact of parking on the pedestrian system will also be limited. The downtown streetscape will be developed at a human scale and closely connected to the natural environment through linkages to Fanno Creek open space and design attention to trees and landscapes. 4. Promote Tigard's downtown as a desirable place to live and do business.Promote development of high-quality high-density housing and employment opportunities in the downtown. 5. Provide a clear and concise guide for developers and builders by employing greater use of graphics to explain community goals and desired urban form to applicants, residents and administrators. B. Sub-areas. The four sub-areas located on Map 18.650.13 and described below have different development standards in order to create a feeling of distinct districts within the larger zone. 1. Highway 99W and Hall Boulevard Corridor. The purpose of this sub-area is to create a pulse- point along the Highway 99W corridor. Located at the intersection of 99W and Hall Boulevard, Tigard Downtown Plan District 18.650-1 Code Update:4120 the area has the high traffic and visibility to draw potential retail customers from the region. The area will accommodate higher levels of vehicular circulation, while maintaining a pedestrian scale at the first story of buildings. It allows development of mixed-use and retail buildings that vary in scale from single-story retail-only buildings to mixed-use buildings up to 45 feet tall with retail on the first story and residential or Office uses above. 2. Main Street - Center Street. The purpose of this sub-area is to create pedestrian-oriented, smaller scale development centered on the city's historic downtown Main Street. The pedestrian environment is improved with continuous building facades broken only intermittently. New buildings in the sub-area must include commercial storefront features on the first story. Residential and commercial uses are allowed on upper stories. 3. Scoffins Street - Commercial Street. The purpose of this sub-area to provide an opportunity for higher-density residential as well as an employment base comprised of civic, office, and commercial uses in the areas of Commercial Street and Scoffins Street. Residential-only buildings, commercial buildings, and mixed-use developments are allowed. 4. Fanno - Burnham Street. The purpose of this sub-area is to provide an opportunity for medium- scale residential or mixed-use development. Compatible mixed uses (live-work, convenience retail, office, and civic uses) are encouraged on the frontage of Burnham Street. The area in proximity to Fanno Creek Park will be an opportunity to create a high-quality residential environment with views and access to the natural amenity of Fanno Creek Park. (Ord. 20-01 §1; Ord. 19-09 §1; Ord. 18-28 §1; Ord. 18-23 §2; Ord. 17-22 §2) 18.650.020 Applicability A. Applicability. The regulations of this chapter apply to the Tigard Downtown Plan District in addition to all other applicable regulations of this title. The boundaries of the plan district are shown on Map 18.650.A,which is located at the end of this chapter, and on the official zoning map. 1. New buildings. All use, development, and design standards of this chapter apply to new buildings and related site improvements. 2. Pre-existing uses and development. Pre-existing uses and associated development that were lawfully established prior to the effective date of this chapter are treated as lawful or approved uses and developments, subject to the following: a. Modifications associated with lawfully established pre-existing uses and structures are allowed,provided the modifications meet or move the nonconforming use or structure toward compliance with all applicable standards, except that single detached houses used for residential purposes that were lawfully established prior to the effective date of this chapter are exempt from the design standards of this chapter. b. If a structure containing a pre-existing use is accidentally destroyed, or the use is otherwise abandoned, then the use will retain its pre-existing status under this provision provided it is substantially reestablished within 1 year of the date of the loss. Any new structures containing the use must comply with the provisions of this title. c. Existing nonconforming industrial structures at the following locations may continue to be utilized for I-P industrial uses after the nonconforming use limit of 6 months: Tigard Downtown Plan District 18.650-2 Code Update:4120 2S 102AA04700, 2S 102AC00100, 2S 102AC00202, 2S 102AD01203, 2S 102DB00100, and 2S 102DA00300. B. Conflicting standards. With the exception of public facility requirements, the requirements in this chapter govern in the event of a conflict. C. Exemptions. The following are exempt from the downtown development review procedures of this chapter,but must comply with all standards: 1. Maintenance or repair of a building, structure, or site in a manner that is consistent with previous approvals or necessary for safety; 2. Projects undertaken to bring an existing development into compliance with applicable federal and state accessibility regulations; 3. Any modification to the exterior of a building that does not require a building permit; 4. Interior remodeling not associated with a change of use; 5. Temporary structures or temporary uses as defined in Chapter 18.440, Temporary Uses; 6. Any development involving a pre-existing single detached house that is not being converted to a nonresidential use or that has previously been converted to a nonresidential use; 7. Any change of use and associated interior remodeling on a property that is in the Main Street sub- area; or 8. Any change to windows, doors, awnings, or other similar exterior elements on facades that are not street-facing. (Ord. 20-01 §1; Ord. 19-09 §1; Ord. 18-23 §2; Ord. 17-22 §2) 18.650.030 Approval Process A. Procedures. 1. Type I downtown development review. Downtown development review applications for development or modifications that meet the thresholds of Paragraph 18.650.030.13.1 are processed through a Type I procedure, as provided in Section 18.710.050, using the approval criteria in Subsection 18.650.040.A. 2. Type II downtown development review. Downtown development review applications for development or modifications that meet the thresholds of Paragraph 18.650.030.13.2 are processed through a Type II procedure, as provided in Section 18.710.060, using the approval criteria in Subsection 18.650.040.13. 3. Downtown adjustment. Downtown adjustment applications are processed concurrently with a downtown development review, through a Type II procedure, as provided in Section 18.710.060, using the approval criteria in Subsection 18.650.040.C. There are two types of downtown adjustments: a. Adjustments to the design standards of Section 18.650.060, and Tigard Downtown Plan District 18.650-3 Code Update:4120 b. Specific adjustments allowed by Section 18.650.080. B. Review thresholds. If a proposed development or modification is unlisted, the Director will determine the most appropriate review type. This determination is the final local decision and will favor the review type that provides the most appropriate public notice and opportunity for public comment. 1. Type I downtown development review. A Type I downtown development review is required for the following: a. Addition, elimination, or change in location of windows that does not decrease the window coverage on a street-facing facade below the minimum required; b. Addition, elimination, or change in location of entrances and loading doors on a street-facing facade; c. Addition of new and change to existing awnings, canopies, and other mounted structures on an existing street-facing facade; d. For commercial and mixed-use developments, modification of up to 15 percent on-site landscaping with no reduction in required landscaping. Modification refers to changing the hardscape elements and the location of required landscape areas or trees; e. Modification of off-street parking with no reduction in parking spaces or increase in paved area; f. Addition of new fences, retaining walls, or both; g. An increase in the height of a building of less than 20 percent; h. A change in the type and location of access ways and parking areas where off-site traffic would not be affected; i. An increase in the floor area proposed for a nonresidential use by less than 10 percent or under 5,000 square feet; j. A reduction in the area reserved for common open space or usable open space, which does not reduce the open space area below the minimum required by this title or reduces the open space area by less than 10 percent; or k. Any modification that requires additional parking. 2. Type II downtown development review. A Type II downtown development review is required for the following: a. All new development; b. A change in the type of commercial or industrial structures as defined by the state building code; c. An increase in the height of the building by more than 20 percent; Tigard Downtown Plan District 18.650-4 Code Update:4120 d. A change in the type and location of access ways and parking areas where off-site traffic would be affected; e. An increase in the floor area proposed for a nonresidential use by more than 10 percent excluding expansions under 5,000 square feet; or f. A reduction in the area reserved for common open space or usable open space,which reduces the open space area below the minimum required by this title or reduces the open space area by more than 10 percent. C. Approval period and extensions. Expirations and extensions of approvals are provided in Subsection 18.20.040.G. (Ord. 19-09 §1; Ord. 18-28 §1; Ord. 18-23 §2; Ord. 17-22 §2) 18.650.040 Approval Criteria A. Tvpe I downtown development review. The approval authority will approve or approve with conditions an application for Type I downtown development review when the following are met: 1. The modification does not cause the development to go out of conformance with any applicable standard of this chapter or further out of conformance if already nonconforming, except where an adjustment has been approved; and 2. The modification complies with all other applicable standards of this title. B. Tvve 11 downtown development review. The approval authority will approve or approve with conditions an application for Type 11 downtown development review when the following are met: 1. For new development, the proposed uses and structures comply with all applicable standards of this chapter and title; or 2. For modifications, the modification does not cause the development to go out of conformance with any applicable standard of this chapter or further out of conformance if already nonconforming, except where an adjustment has been approved; and 3. The proposed modification complies with all other applicable standards of this title. C. Downtown adjustment. The approval authority will approve or approve with conditions an application for a downtown adjustment when either: 1. The design adjustment will result in development that equally or better meets the purpose of the standard in Section 18.650.060 that is being modified,or 2. The specific adjustment is allowed by Section 18.650.080 and complies with the approval criteria provided for that adjustment. (Ord. 19-09 §1) 18.6.50.0.50 Development Standards A. Development standards. Development standards are provided in Table 18.650.1 Tigard Downtown Plan District 18.650-5 Code Update:4120 Table I Development d. Sub-Areas Standard Main Street 99W/Hall Scoffins/Commercial Fanno/Burnham (MS) Corridor(99H) (SC) (FB) Minimum Lot Size None None None None Minimum Lot Width None None None None (Minimum Setbacks 015 ft. -Front 0 ft. (5 ft. for frontage 0 ft. 0 ft. on 99W) -Street side 0 ft. 0 ft. 0 ft. 0 ft. -Side 0 ft. 0 ft. 0 ft. 0 ft. -Rear 0 ft. 5 ft. 5 ft. 5 ft. (Maximum Setbacks -Front 10 ft. 25 ft. 20 ft. 20 ft. -Street side 10 ft. None None None Building Height -Minimum 20 ft. 20 ft. 20 ft. 20 ft. -Maximum [1] 80 ft. 45 ft. 80 ft. 80 ft. [2] -First story minimum 15 ft. 15 ft. None None Maximum Lot Coverage 100% 90% 90% 80% Minimum Landscape Area 0% 10% 10% 20% [3] Minimum Building 50% 50% 50% 50% Frontage Residential Density(units per acre) -Minimum [4] 25 25 25 15 -Maximum [1] 50 50 50 [5] 50 [5] [1] See Subsection 18.650.080.D. [2] 45 feet within 200 feet of Fanno Creek Park boundary(see Map 18.650.B)or within 50 feet of the R-1 through R-12 zones. [3] In the MU-CBD zone, required landscaping may be provided on roofs or within the abutting right-of-way where the applicant is required to provide landscaping as part of a street improvement in compliance with Section 18.650.070. [4] Minimum density applies to residential-only development(not mixed-use). [5] Maximum density in the station area overlay is 80 units per acre (see Map 18.650.13). B. Parkin. 1. Parking areas must be located on the side or rear of newly constructed buildings. If located on the side,the parking area may not exceed 50 percent of the total frontage of the site. 2. Parking areas must beset back a minimum of 10 feet from a street property line. Tigard Downtown Plan District 18.650-6 Code Update:4120 3. When abutting a public right-of-way, pedestrian paths and trails in a public easement, or a public park,parking areas must be screened to the S-4 standard as provided in Table 18.420.2. 4. Where a parking area shares a property line with an adjacent parking area, landscaping is not required along the shared property line. 5. All apartment developments must provide a minimum of 1 parking space per unit. Adequate provisions for barrier-free parking must be provided as required by the state building code. Visitor parking spaces are not required. Adjustments to the bicycle parking requirements are prohibited. 6. For all other uses, the minimum off-street vehicle parking requirements are 75 percent of the total computed from Table 18.410.3. Adjustments to the bicycle parking requirements are prohibited. 7. No parking is required for new commercial development up to 20,000 square feet in the Main Street-Center Street sub-area except that any apartments must provide a minimum of 1 parking space per unit. 8. When calculating the total minimum number of vehicle parking spaces required in Table 18.410.3, fractional space requirements are rounded down to the nearest whole consecutive number. 9. Motorcycle or scooter parking may substitute for up to 5 required parking spaces or 5 percent of the total parking requirement, whichever is less. For every 4 motorcycle or scooter parking spaces provided, the automobile parking requirement is reduced by 1 space. Each motorcycle space must be at least 4 feet wide and 8 feet deep. Existing parking may be converted to take advantage of this provision. Figure 18.650.1 Parking Location I Q Q I I I 4 I I I I I � I Building Building I � I I I I I 0Va4ingontheside orrearofbuildings ai S41andscapestandard 0Max.50%of site frontage 0 Landscape not required along shared prop.line GMin.10'setback 0 See Ch.18AN for screening and landscaping requirements Tigard Downtown Plan District 18.650-7 Code Update:4120 C. Rooftop features and equipment screening. 1. The following rooftop equipment does not require screening: a. Solar panels,wind generators, and green roof features; b. Equipment under 2 feet in height. 2. Elevator mechanical equipment may extend above the height limit a maximum of 16 feet provided that the mechanical shaft is incorporated into the architecture of the building. 3. Satellite dishes and other communications equipment are limited to a maximum of 10 feet in height and must be set back a minimum of 5 feet from the roof edge and screened from public view to the extent practicable. 4. All other roof-mounted mechanical equipment is limited to a maximum of 10 feet in height and must be set back a minimum of 5 feet from the roof edge and screened from public view and from views from adjacent buildings by one of the following methods: a. A screen around the equipment that is made of a primary exterior finish material used on other portions of the building or architectural grade wood fencing or masonry; or b. Green roof features or regularly maintained dense evergreen foliage that forms an opaque barrier when planted. D. Other exterior mechanical equipment. Other exterior mechanical equipment on the site (electrical boxes, etc.) must be screened from public right-of-way, pedestrian paths in a public easement, public parks,public spaces, and parking areas by one or more of the following: 1. A screen around the equipment that is made of a primary exterior finish material used on other portions of the building or architectural grade wood fencing or masonry; or 2. Dense evergreen landscaping that provides an opaque barrier. All landscaping used for this purpose must be regularly maintained. E. Fences. All fences must comply with the standards of Section 18.310.020. Barbed or razor wire fences are prohibited. (Ord. 20-01 §1; Ord. 19-09 §1; Ord. 18-28 §1; Ord. 18-23 §2; Ord. 17-22 §2) 18.650.060 Design Standards A. Create vibrant first stories, streetscaves, and rights-of-wav, provide weather protection; and promote safety and securitv. 1. Purpose. Design standards in this section are intended to foster vibrant, inviting streetscapes and sidewalk-facing first stories and entrances. They are also intended to create buildings that are easily accessible to and provide protection from the elements for pedestrians. They also will help ensure that the first story promotes a sense of interaction between activities in the building and activities in the public realm. Building and site design should also address crime prevention through defensible spaces, lighting, and features that allow observation and eyes on the street. Windows, doors, and weather protection are an integral part of the building design. Tigard Downtown Plan District 18.650-8 Code Update:4120 2. Standards. a. Street facade. Street-facing facades must be built in proximity to the street. This standard is met when at least 50 percent of the first story front building elevation is located no further from the front property line than the maximum front setback standard provided in Table 18.650.1; and, where maximum street-facing side setbacks are required within the Main Street-Center Street sub-area, at least 50 percent of the first story street-facing side building elevation is located no further from the street-facing side property line than the maximum street-facing side setback standard provided in Table 18.650.1. b. Primary entrances. i. Nonresidential and mixed-use buildings. (A)At least 1 entrance is required for each business with a first-story street-facing building elevation. (B) Each entrance must be covered, recessed, or treated with a permanent architectural feature in such a way that weather protection is provided. (C) All primary first-story common entrances must be oriented to the street or a public space directly facing the street,not to the interior or to a parking lot. ii. Residential buildings. (A) The primary public entrance to each building unit must be covered, recessed, or treated with a permanent architectural feature in such a way that weather protection is provided. (B) All street-facing building elevations must include a primary first-story common entrance to apartment development and individual entrances to rowhouse development that are oriented to the street or public right-of-way, not to the interior or to a parking lot. c. Windows. Minimum window coverage includes any glazed portions of doors. i. Nonresidential and mixed-use buildings. (A) The minimum window area of first-story street-facing facades is 60 percent. (B) First-story windows must have a visible transmittance (VT) of 0.6 or higher,with the exception of medical and dental offices,which may have tinted windows. ii. Residential buildings. The minimum window area of first-story street-facing facades is 30 percent. iii. Upper-story windows for all buildings. (A) The minimum window area of street-facing facades above a first story is 30 percent, except on top stories that include sloped roofs and dormer windows. Tigard Downtown Plan District 18.650-9 Code Update:4120 (B) The minimum ratio of vertical to horizontal dimensions for windows on a street- facing facade above a first story is 1.5:1. iv. Window shadowing for all buildings. Windows must be recessed 3 inches into the facade. Nonresidential and mixed-use buildings may instead incorporate trim of a contrasting material or color. d. Weather protection. For nonresidential and mixed-use buildings: i. A projecting facade element (awning, canopy, arcade, or marquee) is required on the street-facing facade of the street with the highest functional classification. ii. Awnings, marquees, and canopies must project a minimum of 3 feet from the facade and may project a maximum of 6 feet into the public right-of-way or the minimum sidewalk width along the building frontage, whichever is less. Any element that projects into the right-of-way is subject to approval by the City Engineer. iii. Marquees must have a minimum 10-foot clearance from the bottom of the marquee to the sidewalk. Awnings and canopies must have a minimum 8-foot clearance from the bottom of the awning or canopy to the sidewalk. iv. Awnings must match the width of storefronts or window openings. v. Internally lit awnings are not allowed. vi. Awnings must be made of glass,metal, or exterior grade fabric (or a combination of these materials). Tigard Downtown Plan District 18.650-10 Code Update:4120 Figure 18.650.2 Figure 18.650.3 Residential Buildings Nonresidential and Mixed-use Buildings Property Line Property Line Development Site Right-of-Bray Development Site -- Right-of-way II -11 I I I � � I � I � � I � � I � I � I - � I . � I i ---------------- ------ -------- r I I I � I I - I I i } I I s ' I I . , I I I I _I I I � I I I I I I I II I I I I I I _________________________________J Primary entry doors oriented to street orpublic space 0Primary entry doororientedtostreet orpublic space Entrance is covered and/or recessed behind facade ID Entrance is covered and/or recessed behind facade Max 4'bal€ony/deck projection Min 3';Max 6projection F Min10'€learance Max 4'balcony/de€kprnje€tion MinW%windows Min 10'dearan€e Upperwindows verticaIly oriented Min 60%windrws Min 3096wind ows Upperwindowsverticallyoriented B. Cohesive architectural facade standards. 1. Purpose. Build and expand upon downtown Tigard's architectural character by incorporating cohesive and repetitive architectural elements into the first story of street-facing facades. Relate to the horizontal facade articulation and massing of surrounding development or utilize building Tigard Downtown Plan District 18.650-11 Code Update:4120 and site design elements that connect Fanno Creek Park or extend natural elements to the downtown. 2. Standard. Divide the street-facing first story of nonresidential and mixed-use storefronts into distinct architectural bays that are no more than 30 feet on center. For the purpose of this standard, an architectural bay is defined as the zone between the outside edges of an engaged column,pilaster,post, or vertical wall area. Figure 18.650.4 Architectural Bays I I I v I II o v AAwthemral bay f36'maxoncenterl ®Bulding llghdng ©Transom windows ®Ground tion windowsll OColurnroilas¢erlpost 0 Blade sign O Sirs bandls x9roru hieze C. Integrated buildinz facade standards. 1. Purpose. Build upon and improve downtown Tigard's architecture by creating an attractive and unified building facade that encourages first-story activities and creates visually interesting facades and roofs. 2. Standards. a. Facades. i. Nonresidential and mixed-use buildings without residential component. Buildings 2 stories and above must have 3 clearly defined elements on the street-facing facade: a base (extends from the sidewalk to the bottom of the second story or the belt course that separates the first story from the middle of the building); a middle(distinguished from the top and base of the building by use of building elements); and a top (roof form or element at the uppermost portion of the facade that visually terminates the facade). Tigard Downtown Plan District 18.650-12 Code Update:4120 Figure 18.650.5 Integrated Building Facade(Nonresidential Buildings) L UR FyM 7— I F O-UW G9@tk<33uFso/sWrkgcoum ®'Middle" C)Projecting coma Wpw&W 0'Fop" ii. Residential and mixed-use buildings with a residential component. Each street-facing dwelling unit must include a porch or balcony that extends from the facade a minimum of I foot and a maximum of 4 feet. Figure 18.650.6 Integrated Building Facade(Residential and Mixed-use Buildings) no no Lan .- unit unit Street-facing bay window GStreet-facing porch Srreer-facmgbakony Trim required on roo(Nnes,pore hes,windows,and doors Tigard Downtown Plan District 18.650-13 Code Update:4120 b. Roof forms. i. The roof form of a building must follow one(or a combination)of the following forms: (A)Flat roof with parapet or cornice; (B) Hip roof; (C) Gabled roof; (D)Full mansard roof; (E) Dormers; or (F) Shed roof. ii. All sloped roofs (other than full mansard roofs)have a minimum 5/12 pitch. iii. Sloped roofs must have eaves, exclusive of rain gutters, that project from the building wall at least 12 inches. iv. All flat roofs or those with a pitch of less than 5/12 must be architecturally treated or articulated with a parapet wall that projects vertically above the roof line at least 12 inches or a cornice that projects from the building face at least 6 inches. v. When an addition to an existing structure or a new structure is proposed in an existing nonresidential development, the roof forms for the new structures must have similar slope and be constructed of the same materials as the existing roof. Figure 18.650.7 Roof Forms Flat roof Hip roof Gabled roof Full Tnansard roof Llomaers Shed ioof r t fi t d d ' Parapnlcomice mustprojectmin.12'vertically Eaves must project min.12'from face of building ParapeVcorn ice mus[project min.6'from fa ce of b u ild i ng Min,5112 pitch on sloped roofs D. Create street corners with strong identitv. 1. Purpose. Create a strong architectural statement at street corners. Establish visual landmarks and enhance visual variety. Tigard Downtown Plan District 18.650-14 Code Update:4120 2. Standard. Nonresidential and mixed-use buildings at the corner of 2 public streets or a street and public area, park, or plaza (for the purposes of this standard an alley is not considered a public street)must incorporate one of the following features: a. The primary entrance to the building at the corner; b. A prominent architectural element, such as increased building height or massing, a cupola, a turret, or a pitched roof within 20 feet of the corner of the building; c. The corner of the building cut at a 45 degree angle, or a similar dimension rounded corner; or d. A combination of special paving materials, street furnishings or plantings near the front door. Figure 18.650.8 Street Corner(Nonresidential and Mixed-Use Buildings) ,. ILI mile 111 M M � :..'I - . APrimary entry doorto the building located at corner ®Cornermin 1 V From street comerand rut at45 degree angle ©PronHnentarctutectural element mthin 2Gr ofthe comerofthe huilding Special Wngpamms,s[reet furnishings,and plantingsnearfrontdoor E. Assure building quality,permanence, and durabilitv. 1. Purpose. Use building materials that evoke a sense of permanence and are compatible with Downtown Tigard and the surrounding built and natural environment. 2. Standard. The following exterior building materials or finishes are prohibited: a. Vinyl siding; b. T-111 or similar sheet materials; c. Plain concrete block (not including split faced, colored, or other block designs that mimic stone, brick, or other masonry); foundation material may be skim-coated concrete block where the foundation material is not revealed for more than 2 feet; and d. Mirrored glass. F. Outdoor space. 1. Purpose. Assure adequate public,private, and shared outdoor space. 2. Standards. a. Nonresidential and mixed-use buildings without a residential component. Tigard Downtown Plan District 18.650-15 Code Update:4120 i. Development sites greater than 60,000 square feet must include at least 1 public outdoor space with a minimum size of 600 square feet. ii. Public outdoor spaces must be abutted on at least 2 sides by retail shops, restaurants, or services with window entrances fronting on the space. b. Residential and mixed-use buildings with 4 or more dwelling units. i. Private outdoor space, such as a private porch, deck, balcony, patio, atrium, or other private outdoor space, must be provided. (A)An average of 28 square feet of private outdoor space must be provided per dwelling unit in a development. (B) In order to be counted toward the private outdoor space standard, the private outdoor space provided for each dwelling unit must be a minimum of 32 square feet, with a minimum depth of 4 feet. (C) The private outdoor space provided must be contiguous with the dwelling unit. (D)Balconies used for entrances or exits are not considered as private outdoor space except where such exits or entrances are for the sole use of the dwelling unit. (E) Balconies may project up to a maximum of 4 feet into the public right-of-way. ii. Shared outdoor space must be provided in addition to required private outdoor space. Examples include: courtyards, roof decks, gardens, play areas, outdoor recreation facilities, indoor recreation rooms, or similar spaces. Shared outdoor space must be a minimum of 10 percent of the development site, except as follows: (A)Up to 50 percent of the shared outdoor space standard may be met by providing additional private outdoor space, such as balconies, porches, and patios in addition to what is required in Subparagraph 18.650.060.F.2.a. (B) A shared outdoor space credit of 50 percent may be granted when an apartment development is directly adjacent to an improved public park. (C) Credit for up to 100 percent of the shared outdoor space standard may be met by paying a fee-in-lieu. The fee will fund parks or plazas within the downtown urban renewal district. G. Additional requirements for rowhouses. 1. Garages and carports must be accessed from alleys, or otherwise recessed behind the front building elevation a distance of 7 feet or less or 18 feet or greater. 2. A minimum of 100 square feet of private outdoor space such as a private porch, yard, deck, balcony, patio, or other private outdoor space is required per dwelling unit. (Ord. 20-01 §1; Ord. 19-09 §1; Ord. 18-23 §2; Ord. 17-25 §3; Ord. 17-22 §2) Tigard Downtown Plan District 18.650-16 Code Update:4120 18.650.070 Transportation Connectivity A. Purpose. The purpose of this section is to implement the City of Tigard 2035 Transportation System Plan,which describes a more complete system of streets and pathways to improve multi-modal access to, from, and within the plan district. The standards in this section are intended to execute connectivity improvement projects that will foster creation of smaller block sizes, efficient routes into and within downtown, and new streets to accommodate and encourage downtown development. The standards are also intended to solve some existing connectivity issues, such as access across railroad tracks. B. Applicability. The connectivity standards in this section apply only to those properties with designated streets or alleys as shown on Figures 5-14A through 5-14I of the City of Tigard 2035 Transportation System Plan. Development on properties with designated streets or alleys is subject to the connectivity requirements below. C. Required new street and alley connections. Required new street and alley connections must be provided as follows. 1. For new development and for major redevelopment valued at more than 60 percent of its total current value as assessed by the Washington County assessor, the applicant must comply with the following: a. The applicant must dedicate the amount of right-of-way necessary to construct the required street or alley consistent with the designated street cross-section. As an alternative, the City Engineer may approve the dedication of a public easement in lieu of a portion of the public right-of-way in compliance with Subsection 18.910.030.C. b. The applicant must construct the full street or alley improvements as shown in the designated street cross-section. 2. For all other developments,the applicant must comply with the following: a. New buildings may not be located within the area identified as future street or alley alignment. Surface parking, landscaping, temporary structures, driveways, and similar types of development are allowed within the future alignment. b. The property owner must sign a non-remonstrance agreement for fonnation of a future LID to pay for the identified street or alley improvement. D. Reauired new pedestrian pathway. For new development and for major redevelopment valued at more than 60 percent of its total current value as assessed by the Washington County assessor that is within the area designated for required multi-use pathway, the applicant must provide multi-use pathway on public easements or rights-of-way through the block in a manner that ensures that connections through the block are provided at least every 330 feet. The required pathway must provide direct connection through the block and be subject to the requirements of Section 18.910.110. E. Replacement of destroved structures. Replacement of a pre-existing structure that is destroyed by fire, earthquake, or other natural disaster, is not considered a major redevelopment for the purposes of Subsections 18.650.060.0 and D. Tigard Downtown Plan District 18.650-17 Code Update:4120 F. Improvement standards. All improvements required under this section must meet the standards of Chapter 18.910,Improvement Standards. (Ord. 20-01 §1; Ord. 19-09 §1) 18.650.080 Specific Adjustments A. Adiustments to setbacks. Required setbacks may be reduced or increased up to 20 percent provided the change will result in one or more of the following: 1. Enhancements to the pedestrian environment along the proposed development's street frontage, including but not limited to the following: a. Plaza development, b. Tree preservation, c Pedestrian amenities in the public right-of-way, or d. Pedestrian-oriented building facade design elements; or 2. The preservation of natural features for public use or benefit. B. Adiustments to parking. Minimum off-street parking space requirements may be waived or reduced when one or more of the following are met: 1. The proposed use is permanent in nature and has a clear public benefit(for example, affordable or senior housing); or 2. The proposed waiver or reduction will result in the preservation of existing natural features on the site for public use or benefit. C. Adiustments for private or shared outdoor area. Private outdoor area and shared outdoor recreation areas requirements may be waived or reduced when one or more of the following are met: 1. The proposed use is permanent in nature and has a clear public benefit(for example, affordable or senior housing); or 2. The total square footage of private outdoor areas and shared outdoor recreation areas equals or exceeds the combined standard for both. D. Adjustments to densitv and height. Qualified affordable housing developments are eligible for both density and height bonuses. 1. Definitions. For the purposes of this subsection, "affordable"means either: a. Housing for rent where the rent and utility costs constitute no more than 30 percent of the gross annual household income for a family at 80 percent of the area median income, based on the most recent Housing and Urban Development (HUD) income limits for the Portland- Vancouver Metropolitan Statistical Area(MSA); or b. Housing for sale where the mortgage, amortized interest, taxes, insurance, and condominium or association fees, if any, constitute no more than 30 percent of the gross annual household Tigard Downtown Plan District 18.650-18 Code Update:4120 income for a family at 80 percent of the area median income, based on the most recent HUD incomes limits for the Portland-Vancouver MSA. 2. Approval criteria. To qualify for a density or height bonus, a development must meet the following: a. The development meets the threshold for the requested bonus: i. A height bonus of an additional 20 ft over the maximum height is allowed for any development where a minimum of 20 percent of the dwelling units are affordable. ii. A density bonus is allowed for any development based on the criteria in Table 18.650.2. b. The approval has been conditioned on the recording of deed restriction that prohibits the sale or rental of any affordable dwelling unit used to meet the standard of Paragraph 18.650.080.D.1, except as housing that meets that standard, for the life of the development. Table I Density Bonuses Affordable Dwellin Units Based on Maximum Densit Densi Bonus 5% 5% 10% 10% 20% 20% 30% 30% 40% 40% 50% 50% (Ord. 20-01 §1; Ord. 19-09 §1; Ord. 18-28 §1; Ord. 18-23 §2; Ord. 17-22 §2) Tigard Downtown Plan District 18.650-19 Code Update:4120 Ma 18.650.A: Tigar Downtown Plan DlmWd Boundaries jTpw Downtown PInDma Boundary Map < ! 13 T@GDowntown Gn=st,ct - $ e6 % ) � ~ � ¥ ! 3 % ¥ \ , .$ « a # 4- Tigard Downtown Plan Ds i 18.650-20 Code Udt 4120 Map 18.650.13: Tigard Downtown Plan District Sub-Areas Tigard Downtown Plan District LU Subarea Map >�`~o` ¢vim Tigard Downtown Plan District Subarea Name - 99W-Hall 9P Main-Center Ld G Scoffins-Commercial U)`�z 9G —a m - IFnno-Burnham �z Station Area Overlay J c G /GARDEN P <G ryGq y� cuNTO sr P Rost P��», tS Sc P 'Joy*so1sT coli 5� �rUN2iR�R c, PJB 9�ST AS.Z. sr I�000� eG�titi 9�s 9 v � P C AL1 41'm,4, �NNoR�r�sT 2c hi�� c IPAc ,4 \ n J OMARA'ST— (Ord. 19-09 §1; Ord. 18-23 §2; Ord. 17-22 §2) ■ Tigard Downtown Plan District 18.650-21 Code Update:4120 Chapter 18.710 LAND USE REVIEW PROCEDURES Sections: 18.710.010 Purpose 18.710.020 Summary of Land Use Applications 18.710.030 General Provisions 18.710.040 Types of Reviews 18.710.050 Type I Procedure 18.710.060 Type II Procedure 18.710.070 Type III Procedure 18.710.080 Type III-Modified Procedure 18.710.090 Appeals 18.710.100 Quasi-Judicial Hearings 18.710.110 Legislative Procedure 18.710.120 Special Procedures 18.710.010 Purpose The purpose of this chapter is to establish a standard review procedure for land use applications. This chapter is intended to make the land use review process clear and understandable, to facilitate timely review by the city, and to enable the public to participate in the local land use decision-making process. (Ord. 17-22 §2) 18.710.020 Summary of Land Use Applications Table I Summary of ppi Abbreviation Land Use Application Type Applicable Section Review Type ADU Accessory Dwelling Unit 18.220 I Adequate Public Facilities Exception MIS (inside River Terrace) 18.640 II Adjustment -Inside River Terrace Plan District 18.640 ADJ -Inside Downtown Tigard Plan District 18.650 11 -Inside TMU zone 18.660 -Citywide 18.715 ZCA Annexation 18.720 III-Modified, Legislative (N/A) Appeal 18.710 III-various CPA Comprehensive Plan Map Amendment 18.790 III-Modified, Legislative CPA Comprehensive Plan Text Amendment 18.790 Legislative CUP Conditional Use 18.740 111-HO DCA Development Code Text Amendment 18.790 Legislative DIR Director Determination 18.730 1 DDR Downtown Development Review 18.650 I, 11 (N/A) Extension 18.745 I, 11 Land Use Review Procedures 18.710-1 Code Update:4120 Table I Summary of Land Use Applications Abbreviation Land Use Application Type Applicable Section Review Type MIS Historic Resource Designation or Alteration 18.750 II,III-PC HOP Home Occupation Permit 18.760 I, II MLP Land Partition 18.820 II LLA Lot Line Adjustment or Lot Consolidation 18.810 I MAR Marijuana Facility Permit 18.430 I Modification MMD -Minor 18.765 I -Major II PDR Planned Development 18.770 II, III-PC SLR Sensitive Lands Review 18.510 I, II, III-HO SGN Sign Permit 18.435 I SDR Site Development Review 18.780 I, 11 SUB Subdivision 18.830 II TUP Temporary Use Permit 18.440 I MIS Transportation Mitigation(inside TMU zone) 18.660 II UFR Urban Forestry Plan Modification or 18.420 I, III-HO, Discretionary Review III-PC Zoning Map Amendment III-PC, ZON -Quasi-Judicial(site specific) 18.790 III-Modified, -Legislative(citywide) Legislative (Ord. 19-09 §1; Ord. 18-28 §1; Ord. 18-23 §2; Ord. 17-25 §3; Ord. 17-22 §2) 18.710.030 General Provisions A. Pre-application conferences. A pre-application conference is required for all Type II and Type III applications, except for Home Occupations, Extensions, and Complex Tree Removals. The Director may waive the requirement for a pre-application conference. Legislative actions are exempt from a pre-application conference. 1. To request a pre-application conference, a prospective applicant must submit a pre-application request form, a brief description of the proposed uses, and a site plan. 2. When a pre-application conference is required, the prospective applicant must meet with the city for the purpose of identifying policies and regulations that relate to the proposed development, providing technical data and assistance that will aid the applicant, and identifying other opportunities or constraints that relate to the proposed development. 3. Failure of the Director to provide any of the information required by this chapter does not constitute a waiver of the standards, criteria, or requirements of the applications. 4. Due to possible changes in applicable law, the facts and circumstances of the property, and the information developed during the review process and other factors, information provided by the city during the pre-application conference is not binding. Applicants are solely responsible for demonstrating compliance with all applicable standards. Land Use Review Procedures 18.710-2 Code Update:4120 5. The prospective applicant has one year from the date of the pre-application conference to submit a land use application for the proposed development. B. Neighborhood meetings. A prospective applicant must hold a neighborhood meeting prior to filing the following applications: comprehensive plan map amendment (quasi-judicial), conditional use, major modifications, planned development review, sensitive lands review (Type II and III), site development review(Type II), subdivision, and zoning map amendment(quasi-judicial). 1. The location of the meeting must be open to the public and accessible in compliance with the Americans with Disabilities Act. The facility must be located as close to the proposed development site as possible. 2. The meeting must be held in the evening on a Monday through Thursday. 3. The prospective applicant must provide a written and posted notice for the meeting. a. A written notice to the city's interested parties list and property owners within 500 feet of the proposed development site must be mailed not less than 2 weeks but no more than 4 weeks from the date of the meeting. The notice must include: i. Description and location of the proposal; ii. Applicant contact information; iii. Date, time and location of the meeting; and iv. A vicinity map that clearly identifies the property or properties included in the proposal. b. A notice must be posted at the proposed development site, not less than 2 weeks but not more than 4 weeks from the meeting date, in a location where the notice is visible from each street frontage. The notice must include: i. Description and location of the proposal; ii. Applicant contact information; iii. Date, time and location of the meeting; and iv. A vicinity map that clearly identifies the development site included in the proposal. c. The prospective applicant must complete an affidavit of mailing and posting of the notice. 4. At the meeting,the prospective applicant must: a. Read the"Statement of Purpose"letter provided by the city to the attendees; b. Present the proposal, including at least a site plan; c. Provide a handout with a contact name and phone number; and Laud Use Review Procedures 18.710-3 Code Update:4120 d. Provide a sign in sheet to document the names and addresses of all individuals who attend the meeting and take meeting minutes of all comments, concerns, and issues raised at the meeting. 5. The affidavits, meeting minutes, and other meeting materials must be submitted to the city with the application. C. Application submittal. 1. Applications may be initiated by: a. All of the property owners, contract purchasers of the subject property, or any agent authorized to represent the property owners or contract purchasers. Easement holders are not considered owners for this section. If the subject property was divided without a partitioning or subdivision approval required by law at the time of the division, an application for approval of the land division may be filed by the owner, contract purchaser, or representative of one of the units of land created by the division; b. The Director; c. Tigard City Council; d. Tigard Planning Commission; or e. A public entity that has the right of eminent domain for projects the entity has the authority to construct. 2. Multiple applications for a single proposed development will be consolidated unless the applicant specifies otherwise in the application. A concurrent application review consolidates the review of multiple applications into a single review process. The applications will be processed using the highest review type required for any part of the proposed development. 3. The application must include, at a minimum, the following items. The Director may waive items listed if they are not applicable to the proposed application. a. Application form, including signature of the property owner or public agency initiating the application. b. Deed,title report, or other proof of ownership. c. Detailed and comprehensive description of existing site conditions and all existing and proposed uses and structures, including a summary of all information contained in any site plans. d. Narrative that demonstrates how the proposal meets all applicable approval criteria,regulations, and development standards. e. Site plans, landscape plans, grading plans, elevation drawings, preliminary plat, final plat, or similar to scale. f. Any other materials required by a specific land use application. Laud Use Review Procedures 18.7104 Code Update:4120 g. Any required service provider letters, including,but not limited to, Clean Water Services,waste disposal company, or other entity. h. Any required studies or reports, including, but not limited to, a traffic impact analysis, wetland delineation report, or geotechnical report. i. Copy of any existing and proposed restrictions or covenants. j. Payment of all fees,based on the fee schedule in effect at time of submittal, as adopted by City Council. k. Copy of the pre-application conference notes,if applicable. 1. Copy of the mailed neighborhood meeting letter, the mailing list, affidavits of mailing and posting, copy of the meeting sign-in sheets, meeting minutes, and any handouts provided at the meeting,including the site plan, if applicable. D. Application completeness. 1. When the application is accepted, the Director will review the application for completeness. If the application is incomplete, the Director will notify the applicant of exactly what information is missing within 30 days of receipt of the application and allow the applicant to submit the missing information. 2. The application will be deemed complete upon the receipt of: a. All of the missing information; b. Some of the missing information and a written notice from the applicant that no other information will be provided; or c. Written notice from the applicant that none of the missing information will be provided. 3. If the applicant does not submit the missing information or provide written notice that no additional information will be provided,the application will be deemed void on the 181"day after submittal. E. Modifications of applications. A modification of application means the applicant's submittal of new information after an application has been deemed complete and prior to close of the record on a pending application that would modify a development proposal by changing one or more of the following components: proposed uses, operating characteristics, intensity, scale, or site layout, in a manner that requires the application of new criteria to the proposal or that would require a substantial change to the findings of fact. It does not mean a submittal of new evidence that merely clarifies or supports the pending application. 1. A Type I or Type 11 application may be modified up until the decision is issued. A Type 11 application that is appealed or Type III application may be modified up until the close of the record. 2. The approval authority will not consider any evidence submitted by the applicant that would constitute a modification of an application, as defined above, unless a new application is Laud Use Review Procedures 18.710-5 Code Update:4120 submitted for the modification. The modification constitutes a new application and restarts the 120-day clock for the application being modified. 3. Prior to the first public hearing or if a hearing is not required, the Director will have sole authority to determine whether an applicant's submittal constitutes a modification. After such a time, the hearing authority will make such determination. The determination on whether a submittal constitutes a modification is appealable only to the Land Use Board of Appeals and only after a final decision on the application is issued. F. Amended decision process. 1. The purpose of an amended decision is to provide the Director the ability to correct typographical errors, rectify inadvertent omissions, or make other minor changes that do not materially alter the decision. 2. The approval authority may issue an amended decision after the notice of final decision has been issued but before the appeal period has expired. 3. The notice of an amended decision is the same as that which applies to a Type II procedure, as provided in Section 18.710.060. G. Withdrawal of an application. An application may be withdrawn prior to issuance of a decision. H. Re-submittal of application following denial. Applications that have been denied, excluding applications denied solely on procedural grounds, may not be resubmitted for the same or a substantially similar proposal unless one or more of the following are met: 1. Twelve months has passed since the denial became final; 2. Substantial changes are made to the application that resolve all findings for denial of the application; or 3. Standards and criteria relative to the findings of the original denial have changed. I. Receipt of submittals. Any submittals for which a deadline is provided for in this chapter must be addressed to the recipient department designated in the notice and actually and physically received by the designated recipient department on or before the close of business on the due date, except that if the due date falls on a state or federal holiday, a regular weekday that the Community Development Department, or its successor, is not open for business, or a weekend, will be extended to the close of business on the next day that the department is open for business. Emails are considered received at the time shown on the city's email system. Submittals received after the deadline will not be considered or effective. J. Conformance with application. Unless provided otherwise in the decision, development must conform in all material respects to the approved application and submittals in support of the application. (Ord. 20-01 §1; Ord. 19-09 §1; Ord. 18-28 §1; Ord. 18-23 §2; Ord. 17-22 §2) 18.710.040 Types of Reviews A. General. This section defines the review types and establishes the approval and appeal authority for each. Laud Use Review Procedures 18.710-6 Code Update:4120 B. Review tvnes defined. There are four review procedure types: Type I, Type II, Type 111, and Legislative. Table 18.710.1 contains the city's land use application types and associated review types. The review types are defined as follows: 1. Type I procedures apply to land use applications that are governed by clear and objective approval criteria or development standards that may require the exercise of professional judgment about technical issues only. Type I actions are decided by the Director without public notice and without a public hearing. 2. Type II procedures apply to land use applications that are governed by subjective approval criteria or development standards that may require the exercise of limited discretion. Type 11 actions are decided by the Director with public notice. If any party with standing appeals a Type 11 decision, the appeal of such decision will be heard by the Hearings Officer. 3. Type III procedures apply to land use applications that are governed by approval criteria that require the exercise of discretion and judgment and about which there may be broad public interest. Type III applications are decided by the Hearings Officer (Type III-HO) or the Planning Commission(Type III-PC)with appeals to the City Council. Type III-Modified are decided by the City Council with a recommendation from the Planning Commission. 4. Legislative actions involve the establishment and modification of land use plans, policies, and regulations. The Legislative procedure includes two public hearings; the first by the Planning Commission and then by the City Council. The hearings provide opportunities for public comment and input on actions that may affect large areas of the city. C. Annroval and anneal authorities. The approval and appeal authorities for each review type are provided in Table 18.710.2. The decision of the appeal authority is the city's final decision. Parties with standing may appeal the city's final decision to the Oregon Land Use Board of Appeals. Table I Review Types and City Appeal i Review Type Approval Authority Appeal Authority Type I Community Development Director None/Land Use Board of Appeals Type II Community Development Director Hearings Officer Type III-HO Hearings Officer City Council Type III-PC Planning Commission City Council Type III-Modified City Council,with initial hearing and None/Land Use Board of Appeals recommendation by Planning Commission Legislative City Council,with initial hearing and None/Land Use Board of Appeals recommendation by Planning Commission D. Determination. The Director will determine the most appropriate review type for land use applications or actions requested. The Director determination is the final local decision and will favor the review type that provides the most appropriate public notice and opportunity for public comment. E. Notice. 1. A failure of any person to receive actual notice that was mailed does not invalidate the decision or action. In all other cases, failure to receive notice or irregularities in providing notice is grounds for invalidation only if the party demonstrates substantial prejudice. The city may require re- notification, grant a continuance, or take other actions to avoid prejudice without requiring that a Laud Use Review Procedures 18.710-7 Code Update:4120 new application be filed. 2. The city may provide notice in excess of the minimum requirement. 3. Public notices required by this section will be sent to the names and addresses of owners as shown on the current Washington County property tax records. The boundary of the subject property includes all contiguous property under the same ownership of as the subject property. All notices will be deemed delivered on the date the notice is deposited in the U.S. Mail or personally delivered, whichever first occurs. F. Burden of proof and procedural error. 1. Unless expressly provided otherwise in this title or by law, the applicant has the burden of proof to demonstrate compliance with all applicable criteria and standards, including on appeal. 2. Unless expressly identified as jurisdictional, failure to comply with a provision of this chapter invalidates an action only if the person alleging the error demonstrates that the error occurred and that person's substantial rights have been prejudiced. G. Remanded and withdrawn decisions. The approval authority for a remanded or withdrawn decision will be the approval authority from which the appeal to the Land Use Board of Appeals was taken, except that in voluntary or stipulated remands, the City Council may decide that it will hear the case on remand. (Ord. 19-09 §1; Ord. 18-23 §2; Ord. 17-22 §2) 18.710.050 Type I Procedure A. Decision requirements. The Director will approve, approve with conditions, or deny the requested application or action based on the applicable approval criteria and development standards. B. Final decision. The Director's decision is final for purposes of appeal on the date it is mailed or otherwise provided to the applicant, whichever occurs first. The Director's decision is not appealable locally and is the final decision of the city. C. Effective date. The Director's decision is effective on the day after it is final. (Ord. 18-23 §2; Ord. 17- 22 §2) 18.710.060 Type II Procedure A. Notice of application. The purpose of such notice is to provide nearby property owners and other interested parties with an opportunity to submit written comments concerning the application,prior to issuance of the decision. The goal of this notice is to invite parties of interest to participate early in the review process. 1. Prior to making a decision, a notice of application must be mailed to: a. All owners of record within 500 feet of the proposed development site; b. City's interested parties who have requested to receive notice of all land use notices; c. Any city-recognized neighborhood group or community organization whose boundaries include the proposed development site; and Laud Use Review Procedures 18.710-8 Code Update:4120 d. Any governmental agency that is entitled to notice. 2. The Director will prepare an affidavit of mailing such notice that indicates the date that the notice was mailed to the necessary parties. The affidavit will be made part of the record. 3. A notice of application must include: a. An explanation of the application, including case number and the proposed use or uses that could be authorized; b. A description of the proposed development site, including street address, map and tax lot number, or other easily understood geographical reference to the proposed development site and zoning designation; c. List of criteria and development standards applicable to the application; d. Include the name and telephone number of the city contact person to obtain additional information; e. A statement that the city will consider written comments submitted prior to the issuance of the decision and the place, date, and time that comments are due; f. Indicate that all evidence relied upon by the approval authority to make this decision is contained within the record and is available for public review. Copies of this evidence may be obtained from the Director; g. Indicate that after the comment period closes,the approval authority will issue a decision; and h. Contain the following notice: "Notice to mortgagee, lienholder, vendor, or seller: The Tigard Development Code requires that if you receive this notice it shall be promptly forwarded to the purchaser." B. Decision requirements. The approval authority will approve, approve with conditions, or deny the requested application based on the applicable approval criteria and development standards. C. Notice of decision. 1. Notice of decision must be mailed to the applicant and to all parties of record within 7 days after the decision is signed by the approval authority. 2. The Director will prepare an affidavit of mailing such notice that indicates the date that the notice was mailed to the necessary parties. The affidavit will be made part of the record. 3. A notice of decision must include: a. An explanation of the decision, including case number; b. A description of the proposed development site, including street address, map and tax lot number, or other easily understood geographical reference to the proposed development site and zoning designation; Laud Use Review Procedures 18.710-9 Code Update:4120 c. A statement that the complete case file is available for review, including when and where the case file is available and the name and telephone number of the city contact person to obtain additional information; d. The date the decision will become final, unless appealed; e. A statement that any person entitled to notice or who are adversely affected or aggrieved by the decision may appeal the decision; and f. A statement briefly explaining how an appeal may be filed, the deadline for filing an appeal, and a reference to where further information about filing an appeal can be obtained. D. Final decision and effective date. A Type II decision is final for purposes of appeal on the date the notice is mailed. A Type 11 decision becomes effective on the day after the appeal period expires, unless an appeal is filed. (Ord. 19-09 §1; Ord. 18-23 §2; Ord. 17-22 §2) 18.710.070 Type III Procedure A. Notice of hearing. 1. A notice of hearing must be provided as follows: a. At least 20 days prior to the hearing date, a notice of hearing must be mailed to: i. The applicant and all owners or contract purchasers of record of the proposed development site; ii. All property owners of record within 500 feet of the proposed development site; iii. City's interested parties who have requested to receive notice of all land use notices; iv. Any city-recognized neighborhood group and community organizations whose boundaries include the proposed development site; v. Any affected governmental agency that is entitled to such notice; and vi. In actions involving appeals,the appellant and all parties to the appeal. b. The Director will prepare an affidavit of mailing such notice that indicates the date that the notice was mailed to the necessary parties. The affidavit will be made part of the record. c. At least 14 days prior to the hearing date, a notice of the hearing must be posted on the proposed development site by the applicant. An affidavit of posting such notice must be prepared by the applicant and submitted as part of the record. 2. A mailed notice of hearing must include: a. An explanation of the application, including case number and the proposed use or uses that could be authorized; Laud Use Review Procedures 18.710-10 Code Update:4120 b. A description of the proposed development site, including street address, map and tax lot number, or other easily understood geographical reference to the proposed development site and zoning designation; c. List of criteria and development standards applicable to the application; d. Include the name and the telephone number of the city contact person to obtain additional information; e. State the date,time, and location of the hearing; f. State the failure to raise an issue at the hearing, in person, or by letter, or failure to provide statements or evidence sufficient to afford the approval authority an opportunity to respond to the issue precludes appeal to the Land Use Board of Appeals based on that issue; g. State that a copy of the application and all documents and evidence submitted by or on behalf of the applicant and the applicable criteria are available for inspection at no cost and that copies may be provided at a reasonable cost; h. State that a copy of the staff report will be available for inspection at no cost at least 7 days prior to the hearing, and that a copy may be provided at a reasonable cost; i. Include a general explanation of the requirements for submittal of testimony and the procedure for conducting hearings; and j. Contain the following notice: "Notice to mortgagee, lienholder, vendor, or seller: The Tigard Development Code requires that if you receive this notice it shall be promptly forwarded to the purchaser." 3. A posted notice of hearing must include: a. An explanation of the application, including case number and the proposed use or uses that could be authorized; b. A description of the proposed development site, including street address, map and tax lot number, or other easily understood geographical reference to the proposed development site and zoning designation; c. List of criteria and development standards applicable to the application; d. Include the name and the telephone number of the city contact person to obtain additional information; e. State the date,time, and location of the hearing; f. State that a copy of the application and all documents and evidence submitted by or on behalf of the applicant and the applicable criteria are available for inspection at no cost and that copies may be provided at a reasonable cost; and g. State that a copy of the staff report will be available for inspection at no cost at least 7 days prior to the hearing, and that a copy may be provided at a reasonable cost. Laud Use Review Procedures 18.710-11 Code Update:4120 B. Hearing requirements. Hearings before the appropriate approval authority, as provided in Table 18.710.2, will be conducted in compliance with the quasi-judicial hearing requirements in Section 18.710.100. C. Decision requirements. The approval authority will approve, approve with conditions, or deny the requested application based on the applicable approval criteria and development standards. D. Notice of decision. Notice of decision must be mailed to the applicant and to all parties of record within 7 days after the decision is filed by the approval authority with the Director. The notice must be provided in compliance with Paragraphs 18.710.060.C.2 and 3. E. Final decision and effective date. The decision of a Type III application is final for purposes of appeal on the date the notice of decision is mailed. The decision is effective on the day after the appeal period expires,unless an appeal is filed. (Ord. 18-23 §2; Ord. 17-22 §2) 18.710.080 Type III-Modified Procedure All applications subject to the Type III-Modified review will follow the procedures provided in Section 18.710.070, except that the approval authority may remand the decision to the recommending body. (Ord. 19-09 §1; Ord. 18-23 §2; Ord. 17-22 §2) 18.710.090 Appeals A. Filing an appeal. A Type II or III decision may be appealed as follows: 1. The following parties have standing to appeal a decision: a. The applicant; b. For appeals of a Type 11 decision, any person who is adversely affected or aggrieved or who was entitled to written notice of the Type II decision; and c. Any party, who demonstrates that the person participated in the proceeding through the submittal of written or verbal testimony. 2. An appeal must be filed with the Director within 15 days of the date the notice of decision was mailed. 3. An appeal must include: a. The date and case file number of the decision being appealed; b. Documentation that the person filing the appeal has standing to appeal; c. A detailed statement describing the basis of appeal; and d. Payment of the required fee,based on the fee schedule in effect at time of submittal, as adopted by City Council. The fee is established by the Director. The maximum fee for an appeal hearing is the cost to the local government for preparing and for conducting the hearing, or the statutory maximum, whichever is less. Failure to timely pay the required fee is a jurisdictional defect. Laud Use Review Procedures 18.710-12 Code Update:4120 B. Procedure for Type II and III anneals. 1. All appeals must provide notice of hearing in compliance with Type III notice requirements, as provided in Subsection 18.710.070.A. 2. Appeal hearings before the appropriate appeal authority, as provided in Table 18.710.2, will be conducted in compliance with the quasi-judicial hearing requirements in Section 18.710.100. 3. Appeal hearings are de novo. A de novo hearing allows for the presentation of new evidence, testimony, and argument by any party. The appeal authority will consider all relevant evidence, testimony, and argument that are provided at the hearing by the appellant or any party. The scope of the hearing is not limited to the issues that were raised on appeal. 4. The decision of the appeal authority is the final local decision and is final and effective on the date the decision is mailed. (Ord. 18-23 §2; Ord. 17-22 §2) 18.710.100 Quasi-Judicial Hearings A. Procedures. The following procedures apply to all quasi-judicial hearings: 1. At the commencement of the hearing, a statement will be made to those in attendance that: a. Lists the applicable substantive criteria; b. States that testimony and evidence must be directed toward the relevant approval criteria described in the staff report, or other criteria in the plan or land use regulation that the person testifying believes to apply to the decision; and c. States that failure to raise an issue with sufficient specificity to afford the approval authority and the parties an opportunity to respond to the issue, precludes an appeal to the Land Use Board of Appeals on that issue and that failure of the applicant to object to a condition of approval may preclude an action for damages in circuit court. 2. Parties to a quasi-judicial hearing are entitled to an impartial hearing authority as free from potential conflicts of interest and pre-hearing ex parte contacts as reasonably possible. It is recognized, however, that the public has a countervailing right of free access to public officials; therefore: a. Hearing authority members must disclose the substance of any pre-hearing ex parte contacts with regard to the matter at the commencement of the public hearing on the matter. The member must state whether the contact has impaired the impartiality or ability of the member to vote on the matter and provide the parties the right to rebut the substance of the communication. The member will participate or abstain accordingly. b. Any member of the hearing authority may not participate in any proceeding or action in which any of the following has a direct or substantial financial interest: the member or member's spouse, brother, sister, child, parent, father-in-law, mother-in-law, or partner; any business in which the member is then serving or has served within the previous 2 years; or any business with which the member is negotiating for or has an arrangement or understanding concerning prospective partnership or employment. Any actual or potential Land Use Review Procedures 18.710-13 Code Update:4120 interest must be disclosed at the meeting of the hearing authority where the action is being taken. c. Disqualification of a hearing authority member due to contacts or conflict may be ordered by a majority of the members present and voting. The person who is the subject of the motion may not vote. d. If all members abstain or are disqualified, the administrative rule of necessity will apply. All members present who declare their reasons for abstention or disqualification will thereby be re-qualified to act. e. In cases involving the disqualification or recusal of a Hearings Officer, the city will provide a substitute Hearings Officer in a timely manner subject to the above impartiality rules. 3. Prior to the conclusion of the initial evidentiary hearing, any participant may request an opportunity to present additional relevant evidence or testimony. The local hearing authority may grant such request by continuing the public hearing in compliance with Subparagraph 18.710.100.A.4.a or by leaving the record open for additional written evidence or testimony as provided in Subparagraph 18.710.100.A.4.b. 4. If the hearing authority grants a continuance, the hearing will be continued to a date, time, and place certain at least 7 days from the date of the initial evidentiary hearing. An opportunity will be provided at the continued hearing for persons to present and rebut new evidence and testimony. If new written evidence is submitted at the continued hearing, any person may request, prior to the conclusion of the continued hearing, that the record be left open for at least 7 days, to submit additional written evidence or testimony for the purpose of responding to the new written evidence. 5. If the hearing authority leaves the record open for additional written evidence or testimony, the record must be left open for at least 7 days. Any participant may file a written request with the city for an opportunity to respond to new evidence submitted during the period the record was left open. If such a request is filed, the hearing authority must reopen the record in compliance with Paragraph 18.710.100.A.5. a. A continuance or extension granted is subject to the limitations of ORS 227.178, unless the continuance or extension is requested or agreed to by the applicant; b. Unless waived by the applicant, the city will allow the applicant at least 7 days after the record is closed to all other parties to submit final written arguments in support of the application period. The applicant's final submittal will be considered part of the record but may not include any new evidence. B. The record. 1. The record contains all testimony and evidence that is submitted and not rejected. 2. The hearing authority may take official notice of judicially cognizable facts in compliance with the applicable law. If the hearing authority takes official notice, it must announce its intention and allow the parties to the hearing to present evidence concerning the fact. Laud Use Review Procedures 18.710-14 Code Update:4120 3. The hearing authority must retain custody of the record as appropriate, until a final decision is rendered. 4. When a hearing authority re-opens a record to admit new evidence, arguments, or testimony, any person may raise new issues that relate to the new evidence, arguments, or testimony, or criteria that apply to the matter at issue. C. Ex parte communications. 1. Members of the hearing authority may not: a. Communicate, directly or indirectly,with any party or representative of a party in connection with any issue involved in a hearing, except upon giving notice, and an opportunity for all parties to rebut the substance of the communication; or b. Take notice of any communication, report, or other materials outside the record prepared by the proponents or opponents in connection with the particular case unless the parties are afforded an opportunity to contest the materials so noticed. 2. No decision or action of the hearing authority will be invalid due to ex parte contacts or bias resulting from ex parte contacts with a member of the approval authority if the member of the approval authority receiving contact: a. Places on the record the substance of any written or oral ex parte communications concerning the decision or action; and b. Makes a public announcement of the content of the communication and of the parties' right to rebut the substance of the communication made at the first hearing following the communication where action will be considered or taken on the subject to which the communication is related. 3. Members of the hearing authority are subject to the provisions of ORS 244 and the provisions of this section. 4. A communication between city staff and the hearing authority is not considered an ex parte contact. D. Presentiniz and receiving evidence. 1. The hearing authority may set reasonable time limits for oral presentations and may limit or exclude cumulative,repetitious, irrelevant, or personally derogatory testimony. 2. Oral testimony will not be accepted after the close of the public hearing. Written testimony may be received after the close of the public hearing, but only in compliance with the schedule and procedure announced by the hearing authority prior to the close of the public hearing, or as otherwise provided by this section. (Ord. 18-23 §2; Ord. 17-22 §2) 18.710.110 Legislative Procedure Legislative actions typically involve adoption of an ordinance. In addition to any requirements imposed by the city charter, the following procedures apply. In the event of a conflict,the charter governs. Laud Use Review Procedures 18.710-I5 Code Update:4120 A. Notice of hearing. 1. All Legislative applications require two hearings, one before the Planning Commission and one before the City Council. 2. A notice of hearing will be provided as required by state law, and an affidavit of mailing will be included in the record that identifies the mailing date and the names and addresses of the mailing recipients. B. Hearing process and procedure. Unless otherwise provided in the rules of procedure adopted by the City Council, the presiding officer of the Planning Commission and of the City Council have the authority to: 1. Regulate the course, sequence, and decorum of the hearing; 2. Dispose of procedural requirements or similar matters; and 3. Impose reasonable time limits for oral presentations. C. Continuation of the public hearing. The Planning Commission or the City Council may continue any hearing and no additional notice is required if the matter is continued to a date, time and location certain. D. Adoption process and authoritv. 1. The Planning Commission may: a. After the public hearing, formulate a recommendation to the City Council to adopt, adopt with modifications, adopt an alternative, or deny the Legislative application; and b. Within 14 days of determining a recommendation, the written recommendation must be signed by the presiding officer of the Planning Commission and filed with the Director. 2. The City Council may: a. Adopt, adopt with modifications, adopt an alternative, deny, or remand to the Planning Commission for rehearing and reconsideration on all or part of the Legislative application; b. Consider the recommendation of the Planning Commission, however, it is not bound by the Planning Commission's recommendation; and c. Act by ordinance, which must be signed by the Mayor after the City Council's adoption of the ordinance. E. Vote. 1. A vote by a majority of the qualified voting members of the Planning Commission present is required for a recommendation for adoption, adoption with modifications, adoption of an alternative, or denial. Laud Use Review Procedures 18.710-16 Code Update:4120 2. The concurrence of a majority of the members of the City Council present and voting, when a quorum is present, is necessary to decide and question before the City Council. F. Notice of decision. Notice of decision must be mailed within 7 days after the decision is filed with the Director to all persons who testified orally or in writing. G. Final decision and effective date. The decision of a Legislative application is final and effective on the date specified in the enacting ordinance. (Ord. 18-28 §1; Ord. 18-23 §2; Ord. 17-22 §2) 18.710.120 Special Procedures A. Expedited land divisions. The expedited land division(ELD)procedure provides an alternative to the standard procedures for some land divisions. The applicant may choose to use the ELD process if the land division request meets all of the elements specified in ORS 197.360. The steps of this procedure are in ORS 197.365 through 197.375. The application submittal requirements are provided in Section 18.710.030. B. Limited land use decisions. A limited land use decision (LLD) is defined and may be used in the manner set forth in ORS 197.015(12). 1. An applicant who wishes to use an LLD procedure instead of the regular procedure type assigned to it, must request the use of the LLD at the time the application is filed, or forfeit their right to use it; 2. An LLD will be reviewed in compliance with ORS 197.195. The city will follow the city's Type II procedure, as provided in Section 18.710.060, except to the extent otherwise required by applicable state law. C. Affordable housing developments. Applications for affordable housing developments qualify for a reduced review time of 100 days from the date the application is deemed complete, provided the following are met: 1. The application is for apartment or rowhouse development containing five or more dwelling units; 2. At least 50 percent of the dwelling units included in the development will be sold or rented as affordable to households with incomes equal to or less than 60 percent of the median family income for Washington County, or for the state,whichever is greater; and 3. The development is conditioned on the recording of a covenant appurtenant, prior to the issuance of a certificate of occupancy, that prohibits the sale or rental of any affordable dwelling unit used to meet the standard of Paragraph 18.710.120.C.2, except as housing that meets that standard, for a period of 60 years from the date of the certificate of occupancy. (Ord. 20-01 §1; Ord. 18-28 §1; Ord. 18-23 §2; Ord. 17-22 §2) ■ Laud Use Review Procedures 18.710-17 Code Update:4120