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Ordinance No. 24-05 CITY OF TIGARD, OREGON TIGARD CITY COUNCIL ORDINANCE NO. 24- 0S AN ORDINANCE AMENDING THE COMMUNITY DEVELOPMENT CODE (TITLE 18) AND THE ZONING MAP OF THE CITY OF TIGARD, FOR THE PURPOSE OF ADOPTING UPDATES RELATED TO THE TIGARD MADE AND WASHINGTON SQUARE REGIONAL CENTER PROJECTS (ZON2024-00002,DCA2024-00001). i cif VL h1 et ,0 see 4;fyxc6 ( nie,ye WHEREAS, the City has initiated an application to amend the text of the Community Development Code (Title 18) and the zoning map; and WHEREAS, the City Council generally desires to improve the function, efficiency, and clarity of the Community Development Code; and WHEREAS, the 2022 Economic Opportunities Analysis (EOA) demonstrated a significant employment land constraint, demand for higher density employment, and recommendation for more mixed-use activity; and WHEREAS, the proposed code amendments address the findings of the EOA by preserving industrial land, building additional flexibility into code language, and encouraging more mixed-use activity citywide; WHEREAS, the purpose of the amendments is to implement policy changes established through the Tigard MADE (Maintain, Advance, and Diversify Employment) and Washington Square Regional Center (WSRC) Update projects; WHEREAS, the proposed amendments encourage job density and economic mobility, environmental sustainability and climate resilience, and connectivity and community citywide; and WHEREAS, the proposed amendments encourage urban neighborhood development, establish transportation frameworks, and allow for a variety of housing types particularly in the WSRC plan district; and WHEREAS, notice was provided to the Deparunent of Land Conservation and Development and Metro at least 35 days prior to the first evidentiary public hearing; and WHEREAS, notice to the public was provided in accordance with the Tigard Community Development Code; and WHEREAS, the Tigard Planning Commission held a public hearing on March 18, 2024 and recommended by unanimous vote that Council approve the proposed amendments; and ORDINANCE No. 24- 0 5- Page Page 1 WHEREAS, the Tigard City Council held a public hearing on April 23, 2024 to consider the proposed amendments; and WHEREAS, the Tigard City Council has considered the recommendation of the Planning Commission; and WHEREAS, the Tigard City Council has determined that the proposed amendments are consistent with the applicable review criteria as demonstrated in the City's findings. NOW,THEREFORE,THE CITY OF TIGARD ORDAINS AS FOLLOWS: SECTION 1: Tigard City Council adopts the findings contained in "Exhibit A" to this Ordinance. The findings and conclusions that are attached as Exhibit A are hereby adopted as the basis in support of this Ordinance. SECTION 2: The Tigard Community Development Code (Title 18) is amended as shown in "Exhibit B". SECTION 3: The Tigard Zoning Map is amended as shown in "Exhibit C". SECTION 4: This ordinance shall be effective 30 days after its passage by the council, signature by the mayor,and posting by the city recorder PASSED: By U NAM i v'0Vi.1 vote of all council members present after being read by number and title only, this a3 day of PrPr, I , 2024. Jesse B. Raymundo, Deputy City Recorder vri APPROVED: By Tigard City Council this a3 day of `'/ prI I , 2024. Heidi Lueb, Mayor Approved as to form: City Attorney 4/29/2024 Date ORDINANCE No. 24- 0 5 Page 2 .14 11 City of Tigard cie TIGARD Memorandum S U 6 pave,'hi pry t g. (01-o, 05-0, 6. $ • Suggested alternative language regarding the Indoor Sales and Services use in the MUC zone in Washington Square Regional Center. Strikethrough: B. MUC zone use restrictions. 3. Indoor Sales and Services. a. The maximum gross floor area is 30,000 square feet per tenant for new buildings and additions, except for the following: . Now tenants in the i. New tenants in the existing footprint of existing buildings, and ii. Development reviewed through a development design review application. Clean: B. MUC zone use restrictions. 3. Indoor Sales and Services. b. The maximum gross floor area is 30,000 square feet per tenant for new buildings and additions, except for the following: i. New tenants in the existing footprint of existing buildings, and ii. Development reviewed through a development design review application. Page 1 I Proposed Staff Modifications RECOMMENDATION AND FINDINGS OF THE PLANNING COMMISSION 1114 FOR THE CITY OF TIGARD, OREGON T I GARD SECTION I. APPLICATION SUMMARY FILE NAME: Tigard MADE (Maintain,Advance, &Diversify Employment) and Washington Square Regional Center(WSRC)Zoning Update CASE NO: Zoning Map Amendment (ZON) ZON2024-00002 Development Code Amendment (DCA) DCA2024-00001 APPLICANT: City of Tigard 13125 SW Hall Blvd. Tigard, OR 97223 PROPOSAL: The City is proposing comprehensive plan map,zoning map,and development code changes to implement the policy recommendations of the Tigard MADE project, that were, in part, generated by the findings of the 2022 Economic Opportunities Analysis (EOA) and the Washington Square Regional Center Update project. LOCATIONS: Citywide. ZONES: Citywide. APPLICABLE Oregon Statewide Planning Goals: 1 (Citizen Involvement), 2 (Land Use Planning), 9 PROVISIONS: (Economic Development), and 10 (Housing) Metro Urban Growth Management Functional Plan (Chapter 3.07) Title 1 (Housing Capacity);Title 4 (Industrial and Other Employment Areas);Title 6 (Centers, Corridors, Station Communities, and Main Streets);Title 7 (Housing Choice); Title 8 (Compliance Procedures) Tigard Comprehensive Plan Goals: 1 (Citizen Involvement), 2 (Land Use Planning), 9 (Economic Development), 10 (Housing), 13 (Energy Conservation); Special Planning Areas (Section 2:Washington Square Regional Center) Tigard Community Development Code Chapters: 18.710 and 18.790 SECTION II. PLANNING COMMISSION RECOMMENDATION The Planning Commission recommends the City Council adopt the proposed amendments, with any alterations as determined appropriate through the public hearing process. Tigard MADE and WSRC Code Updates PAGE 1 OF 12 Z0N2024-00002,DCA 2024-00001 SECTION III. BACKGROUND INFORMATION Proposal Description: Beginning in 2020, Tigard kicked off two major long range planning projects that reimagined the city's commercial, industrial, and mixed-use zones. The proposed updates to Tigard's comprehensive plan map, zoning map, and development code implement the policy direction established through the intensive outreach, research, and analysis conducted through the Tigard MADE and WSRC Update projects. The proposed amendments modernize Tigard's land use regulations in an effort to accommodate new business and development types, increase employment density, protect industrial land resources, increase housing capacity, facilitate mixed-use commercial activity, and support urban neighborhood development. Tigard MADE: An Innovative Approach to Employment Tigard MADE began with an EOA—a state-mandated study estimating job growth over the next 20 years— and asked "how can land use regulations be better used to accommodate job density and facilitate City Council goals?"Staff recognized from the outset that while the city is a hub for small local business owners, much of the city's employment land is also underutilized. Over the next three years, staff met with real estate brokers,business owners,property owners, and bankers; conducted research with consultant team Johnson Economics; and explored innovative development code strategies while regularly checking in with the Planning Commission and City Council. These efforts have culminated in map and text amendments that protect existing businesses while promoting job density and economic mobility,environmental sustainability and climate resilience,and connectivity and community within the city's limited remaining employment land. WSRC Update: Urban Neighborhoods and Public Gathering The WSRC Update project recognized it was time to take a new look at the Metro-designated regional center. While the previous plan for the WSRC from 1999 envisioned the area as a dense,walkable,and vibrant place with more housing options, better transit service, and more urban amenities, the area has struggled to progress towards that vision. Seeing the WSRC's potential for transformative, equitable, and sustainable growth,the main goal of the WSRC Update project was to better align future development with community needs and aspirations, emerging market trends, and Tigard's goal to be a walkable, healthy, and inclusive community. After intensive outreach, analysis, and interagency coordination, the Council adopted new Comprehensive Plan policies for the plan district in 2021. The proposed amendments implement these policies. Public Involvement Tigard MADE Previous Tigard MADE briefings have introduced the extensive community outreach conducted over the course of this project since 2020 (Attachment 1). In addition to these methods, staff has continued to work with interested or impacted community members to refine standards, resulting in the public review draft that was published on January 31, 2024, as described later in this report. Washington Square Regional Center As shared in previous briefings and hearings, the WSRC Update project was driven by a robust public engagement process built on three primary types of outreach:a Stakeholder Working Group (SWG),focused outreach to the Metzger community and underrepresented groups, and broad engagement activities geared towards the general public. From June 2020 through September 2021, five major rounds of outreach were conducted that engaged with these groups in various forms with regular briefings provided to the Planning Commission and City Council. A full report on the policy project and its community outreach methods are attached here (Attachment 2). Tigard MADE and WSRC Code Updates PAGE 2 OF 12 Z0N2024-00002,DCA 2024-00001 In addition to the intensive outreach process included in the policy project,a public review draft of the code changes proposed tonight was also made available as described below. Public Review Draft:Tigard MADE and WSRC A public review draft of code was published on January 31,2024 for Tigard MADE-related changes and on February 6, 2024 for WSRC-related changes. Postcards alerting all business owners, property owners, and community members with property impacted by the Tigard MADE or WSRC code projects (approximately 5,900 postcards in total) were sent out on January 26, 2024 and February 5,2024. The postcards directed recipients to the project websites, where public review drafts were available, and invited them to an outreach series that consisted of six in-person events.A total of nineteen property owners, business owners, and community members attended these sessions; none expressed significant concern. Multiple community members called or emailed staff with general questions and expressed no significant concern. In addition to the series, staff also offered one-on-one meetings. PacTrust and Macerich both scheduled private review sessions and provided written comments. Staff made changes to the code based on outreach conducted through the public review draft process and those changes are represented in the code presented with this report. Draft Regulations A guide to the draft regulations is attached (Attachment 3). Tigard MADE code makes major changes to use categories,base zones,and use and development standards in commercial and industrial zones. Code changes promote job density and economic mobility, environmental sustainability and climate resilience, and connectivity and community. Updates also include a new adjustment process that allows applicants greater development flexibility in exchange for public benefits. WSRC code implements the policies adopted through the previous WSRC Update project. It focuses primarily on three zones and three subdistricts with varying development and use regulations that promote different levels of urban neighborhood development throughout the plan district. It also introduces a new development design review application intended to facilitate innovative mixed-use development using discretionary criteria in the mall area. Omnibus changes, which provide clarity throughout the code and remove outdated references, are also proposed. SECTION IV. APPLICABLE PROVISIONS, FINDINGS,AND CONCLUSIONS This section contains all applicable city, regional, and state provisions that apply to the proposed Comprehensive Plan Amendment and Development Code Amendment, and findings detailing how each provision is met. STATEWIDE PLANNING GOALS AND GUIDELINES State planning regulations require cities to adopt and amend Comprehensive Plans and land use regulations in compliance with the state land use goals. Because the proposed code amendments have a limited scope and the text amendments address only some of the topics in the Statewide Planning Goals, only applicable statewide goals are addressed below. Tigard MADE and WSRC Code Updates PAGE 3 OF 12 Z0N2024-00002,DCA 2024-00001 Statewide Planning Goal 1—Citizen Involvement: This goal outlines the citizen involvement requirement for adoption of Comprehensive Plans and changes to the Comprehensive Plan and implementing documents. FINDING: The city conducted comprehensive public engagement processes with the Tigard MADE and WSRC Update projects as described elsewhere in this report. This proposal codifies the changes discussed through those processes. The notice requirements set forth in Section 18.710.110 (Type IV Procedures) were met. A request for comments was sent to affected government agencies and interested parties on February 12,2024 and notice of hearings was sent to these parties by email on February 27, 2024. An additional notice was mailed to all impacted property owners, business owners, and community members and the citywide interested parties list (approximately 5,900 recipients) on February 26,2024. A notice was posted in three public locations on February 27, 2024 and published in the Tigard Times newspaper on February 29, 2024.A minimum of two public hearings will be held (one before the Planning Commission and the second before the City Council) at which an opportunity for public input is provided. A minimum of three drafts of the proposed code changes (Discussion Draft, Proposed Draft to the Planning Commission, and Planning Commission Recommendation to City Council) will be made available to the public for review prior to hearings and adoption. This goal is satisfied. Statewide Planning Goal 2—Land Use Planning: This goal outlines the land use planning process and policy framework. FINDING: The Department of Land Conservation and Development (DLCD) has acknowledged the city's Comprehensive Plan as being consistent with the statewide planning goals. The Development Code implements the Comprehensive Plan. The Development Code establishes a process and standards to review changes to the Tigard Development Code in compliance with the Comprehensive Plan and other applicable state requirements. As discussed within this report,the applicable Development Code process and standards have been applied to the proposed amendment, and the intent of these amendments are to meet the requirement of state law, administrative rules, and the Statewide Planning Goals. This goal is satisfied. Statewide Planning Goal 9—Economic Development This goal outlines how cities and counties must plan to ensure that they have enough land available to realize economic growth and development opportunities. FINDING: The City's 2022 EOA found that the city would need an approximate 600-1100 acres of land in order to accommodate projected job growth over the next 20 years.The EOA also found that Tigard has only approximately 230 acres of vacant or redevelopable land remaining.Therefore,an innovative approach to accommodating economic growth and development is necessary. This code package is intended to facilitate greater job density, mixture of business activity, and redevelopment opportunities in order to maximize the use of Tigard's limited remaining employment lands. This goal is satisfied. Statewide Planning Goal 10—Housing: This goal requires cities and counties to provide adequate capacity for needed housing. OAR Chapter 660 Division 8, which implements Goal 10, states that "the purpose of the division is to ensure opportunity for the provision of adequate numbers of needed housing units, the efficient use of buildable land within urban growth boundaries, and to provide greater certainty in the development process so as to reduce housing costs." Tigard MADE and WSRC Code Updates PAGE 4 OF 12 Z0N2024-00002,DCA 2024-00001 FINDING: The city adopted an updated Housing Needs Analysis in May of 2021. This analysis found that the city will need to accommodate more than 7,400 new households over the coming 20 years.The city currently only has the capacity for 4,200 units in existing areas and will need an additional 3,200 units of housing to meet this need. Notably, the estimates of need are based on regional projections that do not account for existing underproduction levels and the needs of the unhoused. A pilot regional housing needs analysis conducted by Oregon Housing and Community Services shows a need of nearly 12,000 units in Tigard over that same time horizon. The proposed code changes do not decrease housing supply or capacity. They further Tigard's work to support more housing diversity and allow increased housing capacity. The city may only apply clear and objective standards to housing under Goal 10. These code changes include further clarification of standards to ensure that they are as clear and objective as practicable. This goal is satisfied. CONCLUSION: Based on the findings above and the related findings below, the Planning Commission finds the proposed code amendments are consistent with applicable Statewide Planning Goals. METRO'S URBAN GROWTH MANAGEMENT FUNCTIONAL PLAN State planning regulations require cities within the Metro service area to adopt and amend Comprehensive Plans and land use regulations in compliance with Metro's Urban Growth Management Functional Plan. Because the proposed code amendments have a limited scope and the text amendments address only some of the topics in METRO's Urban Growth Management Functional Plan,only applicable Titles are addressed below. Title 1—Housing Capacity The Regional Framework Plan calls for a compact urban form and a "fair-share" approach to meeting regional housing needs. It is the purpose of Title 1 to accomplish these policies by requiring each city and county to maintain or increase its housing capacity except as provided in section 3.07.120. FINDING: Title 1 has been met by further increasing the housing capacity in Tigard. New land use regulations allow for more mixed-use development with residential uses to be built nearly citywide (including in zones where residential uses in any form are currently prohibited). Additionally, the new mixed-use- residential zones prioritize middle housing and apartments in the Washington Square Plan District.This title is satisfied. Title 4—Industrial and Other Employment Areas The Regional Framework Plan identifies Regionally Significant Industrial Areas (RSIAs), Industrial Areas,and Employment Areas where activities are limited in efforts to promote industrial or employment activity. While Tigard contains no RSIAs,it does contain Metro-identified Industrial Areas and Employment Areas. Section 3.07.440 of the UGMFP requires the City to have land use regulations that limit commercial retail uses in these areas. Most Industrial Areas and Employment Areas impacted by Tigard MADE and WSRC are being zoned to either IND (Industrial) or MUE (Mixed-Use Employment), both of which prioritize employment uses over other uses. Much of the Industrial Areas and Employment Areas covered by this project currently allow a broad range of commercial retail and entertainment activity. The proposed code changes add new limits to these uses while loosening restrictions on office and industrial uses. The IND Tigard MADE and WSRC Code Updates PAGE 5 OF 12 Z0N2024-00002,DCA 2024-00001 zone allows manufacturing and motor vehicle servicing almost exclusively while allowing limited amounts of wholesale (limited to 20,000 square feet per tenant) and employee-serving commercial (limited to 5,000 square feet of employee-supportive services per site). The MUE zone allows a wide range of activity but requires employment activity on all sites. It limits large commercial retail uses to 30,000 square feet per tenant. The Warehouse and Wholesale Flex Area allows a greater amount of warehouse and wholesale uses along 72nd Avenue, as this location includes a number of purpose-built buildings and has proven ideal for industrial-adjacent users who rely on regional transportation networks. The code package also opens more of the city to allow industrial uses where they were previously prohibited. This title is satisfied. Title 6—Centers, Corridors, Station Communities and Main Streets The Regional Framework Plan identifies Centers,Corridors,Main Streets and Station Communities throughout the region and recognizes them as the principal centers of urban life in the region.Title 6 calls for actions and investments by cities and counties, complemented by regional investments, to enhance this role. A regional investment is an investment in a new high-capacity transit line or designated a regional investment in a grant or funding program administered by Metro or subject to Metro's approval. FINDING: Title 6 acknowledges that a vibrant mix of uses and housing types is needed in regional centers in order for the center to be robust, walkable, and successful. The proposed updates allow for a broad mixture of activities and housing types throughout the plan district. In most zones, a variety of commercial,institutional, and civic uses are allowed or conditionally allowed.While in some circumstances, housing types are limited to apartments to encourage density or to mixed-use development to encourage a mixture of activity, the plan district overall allows for a range of housing types. Zoning and subdistrict regulations allow for and encourage urban neighborhood development at different area-appropriate scales This title is satisfied. Title 7—Housing Choice The Regional Framework Plan calls for establishment of voluntary affordable housing production goals to be adopted by local governments and assistance from local governments on reports on progress towards increasing the supply of affordable housing. FINDING: Title 7 has been met by further increasing the capacity for housing choice in Tigard. Section 3.07.730 of Title 7 states that: "cities and counties within the Metro region shall ensure that their comprehensive plans and implementing ordinances: (a) Include strategies to ensure a diverse range of housing types within their jurisdictional boundaries. (b) Include in their plans actions and implementation measures designed to maintain the existing supply of affordable housing as well as increase the opportunities for new dispersed affordable housing within their boundaries. (c) Include plan policies, actions, and implementation measures aimed at increasing opportunities for households of all income levels to live within their individual jurisdictions in affordable housing." Title 7 does not specify what is meant by "affordable housing". The city interprets the mandate to include not just regulated affordable housing, but naturally- occurring affordable housing and housing made affordable by a range of choices in size.The proposed code changes encourage greater housing diversity and choice in Tigard, leading to more affordable choices for families and individuals,and ensuring opportunities for affordable home ownership and rental for all income levels and household sizes. The changes do not include density limits, provided generous building height maximums can be met, and will allow for more housing units to be produced in Tigard as well as more housing variety. This title is satisfied. Title 8—Compliance Procedures A city or county proposing an amendment to a comprehensive plan or land use regulation shall Tigard MADE and WSRC Code Updates PAGE 6 OF 12 ZON2024-00002,DCA 2024-00001 submit the proposed amendment to the COO at least 35 days prior to the first evidentiary hearing on the amendment. The COO may request, and if so the city or county shall submit, an analysis of compliance of the amendment with the functional plan. If the COO submits comments on the proposed amendment to the city or county,the comment shall include analysis and conclusions on compliance and a recommendation with specific revisions to the proposed amendment,if any,that would bring it into compliance with the functional plan. The COO shall send a copy of comment to those persons who have requested a copy. FINDING: Notice and a copy of the proposed code amendments were provided to Metro on February 12, 2024. Metro requested that the city address how Metro-designated Employment Areas limit commercial uses and how the code impacts housing capacity in the city.As discussed in the findings for Titles 5-7,these items have been addressed. This title is satisfied. CONCLUSION: Based on the findings above,the Planning Commission finds that the proposed code amendment is consistent with Metro's Urban Growth Management Functional Plan. TIGARD COMPREHENSIVE PLAN State planning regulations require cities to adopt and amend comprehensive plans and land use regulations in compliance with the state land use goals and consistent with their adopted comprehensive plan goals and policies. Because the development code amendments have a limited scope and the text amendments address only some of the topics in the Tigard Comprehensive Plan, only applicable comprehensive plan goals and associated policies are addressed below. Comprehensive Plan Goal 1: Citizen Involvement Goal 1.1: Provide citizens, affected agencies, and other jurisdictions the opportunity to participate in all phases of the planning process. FINDING: The proposed amendments are the result of multi-year community planning and engagement efforts associated with the Tigard MADE project and the WSRC Update project (Attachments 1 and 2). A public review draft of proposed code language associated with the Tigard MADE project was published on January 31, 2024 and with the WSRC Update project on February 6, 2024. Postcards were sent to all impacted community members on January 26, 2024 and February 5, 2024 and were emailed to interested parties associated with each project, inviting recipients to review the public draft or attend an in-person meeting to review with staff. Public notices announcing the March 18 Planning Commission hearing and April 23 City Council hearing were mailed to all impacted community members on February 26, 2024. This policy is satisfied. Goal 1.2: Ensure all citizens have access to: A. opportunities to communicate directly to the City; and B. information on issues in an understandable form. FINDING: In addition to all required public hearing notifications and the public engagements described above, staff briefed the City Council and Planning Commission at public meetings throughout the duration of both projects. The city also maintained a project webpage that it updated regularly with project and staff contact information and sent emails to interested parties on a regular basis. The city endeavored to provide all information in an understandable form, and project managers were always available to answer questions. This policy is satisfied. Tigard MADE and WSRC Code Updates PAGE 7 OF 12 Z0N2024-00002,DCA 2024-00001 Comprehensive Plan Goal 2: Land Use Planning Goal 2.1: Maintain an up-to-date Comprehensive Plan, implementing regulations and action plans as the legislative foundation of Tigard's land use planning programs. FINDING: As demonstrated in this report, the proposed amendments to the Tigard Development Code are consistent with the Tigard Comprehensive Plan. Copies of the proposed text amendments were sent to affected agencies and each agency was invited to comment on the proposal, as required by Section 18.710.110 (Type IV Procedures) and discussed in Section V of this report. Comments submitted by affected agencies have been incorporated into this report and the proposed amendments. This policy is satisfied. Comprehensive Plan Goal 9: Economic Development Goal 9.1: Develop and maintain a strong, diversified, and sustainable economy. FINDING:Tigard MADE and WSRC both recognize the redevelopment potential of the city's employment lands. While currently home to pockets of mixed-use activity and a host of small businesses, much of the city's employment land is also underutilized. New code allows for more businesses in more locations, encourages more dense development, and removes barriers to new business owners by reducing review thresholds and loosening development code requirements for industrial users. This policy is satisfied. Goal 9.3: Make Tigard a prosperous and desirable place to live and do business. FINDING: The proposed amendments further the city's goal to provide design standards that ensure that the value, livability, and attractiveness of the city is preserved and increased. Standards for street-facing facades ensure that the pedestrian realm remains attractive and does not present blank walls to the street. These design standards also meet the state requirement that they be clear and objective when applied to residential development. New standards promote mixed-use development that brings housing and a variety of sales and service activities closer together. They also require more pedestrian-friendly development that makes active transportation between destinations more attractive. This policy is satisfied. Comprehensive Plan Goal 10: Housing Goal 10.1: Provide opportunities for a variety of housing types at a range of price levels to meet the diverse housing needs of current and future City residents. FINDING: The city has expressed a desire through its Comprehensive Plan policies to provide opportunities for greater housing variety, to meet the needs of its present and future residents at all stages of life. In addition, the city has expressed a desire to provide greater economic integration through housing variety. The proposed code changes further this policy directive by allowing housing by right or as part of a mixed-use development in most zones.This policy is satisfied. Goal 10.2 Maintain a high level of residential livability. FINDING: The proposed code amendments support greater housing affordability and ownership opportunities by ensuring that adequate housing variety is allowed.Affordable housing, both regulated and non-regulated, requires flexibility in standards that make smaller housing unit production possible. The proposed code amendments increase equitable housing opportunities and encourage mixed-income neighborhoods by allowing a variety of housing sizes and types to co-exist in the same neighborhood. Increased housing opportunity provides for reduced housing costs and economic mobility. Tigard MADE and WSRC Code Updates PAGE 8 OF 12 ZON2024-00002,DCA 2024-00001 The proposed code amendments ensure compatibility of development with existing neighborhoods through development standards. In addition, the standards include requirements for common open spaces and screening at property boundaries and around off-street parking areas.This policy is satisfied. Comprehensive Plan Goal 13: Energy Conservation Goal 13.1: Reduce energy consumption. FINDING: Proposed mixed-use zones allow employment, residential, and commercial activities in close proximity to one another.These changes focus on bringing uses closer together so residents and employees alike can walk to services and residents have more options for work within the city. These changes,coupled with development standards that make active transportation and transit more attractive,allow for potentially great reductions in Vehicle Miles Traveled (VMT). This policy is satisfied. Comprehensive Plan: Special Planning Areas Goal 15.2.1: Develop a coordinated land use and transportation framework that supports development of the Tigard WSRC into a dense, walkable, and vibrant place and that also reflects market realities, community needs and aspirations, and City goals related to sustainable growth. FINDING: The project team for the WSRC Update project coordinated closely with land use and transportation staff from affected jurisdictions and road authorities and held three transit-oriented development workshops with TriMet and Macerich representatives. The project team also coordinated closely with the Tigard Transportation System Plan update project. As a result, the WSRC Update project included many interrelated goals and policies that promote transformative redevelopment supported by transit and multimodal facilities. The proposed amendments codify the land use and transportation frameworks established through the WSRC Update project. This policy is satisfied. Goal 15.2.3: Prioritize improvements to the active transportation network in the Tigard WSRC to improve safety, access, and comfort for people of all ages and abilities and advance the City's climate resiliency and equity goals. FINDING: The proposed code amendments include preferred street and trail alignments that connect neighborhoods to each other, to shopping and services, and to open space. The code amendments also include specific cross sections or fee-in-lieu-of-construction options for Greenburg Road, Hall Boulevard, and Oak Street,which ensure that these streets will be built to a standard that serves as a public benefit and promotes active transportation. Development in the Design Review Subdistrict will be required to accommodate transit and promote active transportation networks as public amenities.This policy is satisfied. Goal 15.2.4:Provide recreational opportunities and access to nature for all,especially for households in the Tigard WSRC with little or no private open space. FINDING: The proposed code amendments include common space standards and approval criteria that require mixed-use and residential development to provide common space. Common space is required to have an outdoor component, seating component, or publicly accessible component to encourage urban gathering space throughout the plan district. Preferred trail and street alignments identified in the code amendments also prioritize routes connecting residents to existing or planned open space such as Fanno Creek and Bagan Park. This policy is satisfied. Goal 15.2.5: Facilitate the development of a variety of housing types and densities in the Tigard Tigard MADE and WSRC Code Updates PAGE 9 OF 12 Z0N2024-00002,DCA 2024-00001 WSRC to meet the needs of households of all incomes and sizes. FINDING: Housing is allowed as a standalone use or as a part of a mixed-use development throughout the plan district, with a variety of housing types allowed throughout. In the Apartment Subdistrict, housing development is limited to apartments and has a minimum height requirement that ensures this subdistrict prioritizes dense housing. In areas where commercial activity is prioritized,housing continues to be allowed above ground-floor commercial uses.This policy is satisfied. Goal 15.2.6: Support regional-serving businesses in the Tigard WSRC while working to grow traded- sector and local-serving businesses in order to advance economic mobility for all. FINDING:The Design Review Subdistrict ensures that a dense and rich mix of business activity occurs on the Washington Square Mall site, while the Metzger Business Subdistrict ensures that local businesses are supported and encouraged along Hall Boulevard. Industrial and manufacturing uses are allowed in many areas where they are currently prohibited. This policy is satisfied. Goal 15.2.7: Collaborate and coordinate with applicable agencies,service providers,and community partners to implement the Tigard WSRC land use and transportation framework. FINDING: A public review draft of proposed code language associated with the with the WSRC Update project was published on February 6, 2024. Notice and a copy of the proposed code amendments were provided to Metro and other applicable agencies and service providers on February 12,2024.An additional notice of the public hearings was sent to these agencies on February 27, 2024. No comments were received specifically regarding Washington Square,except from Macerich. Staff held two meetings with Macerich and made changes to the proposed amendments based on feedback. This policy is satisfied. CONCLUSION: Based on the findings above, the proposed code text amendment is consistent with applicable provisions of the Tigard Comprehensive Plan. APPLICABLE PROVISIONS OF THE TIGARD DEVELOPMENT CODE Section 18.790: Zoning Map and Text Amendments 18.790.020 Legislative Amendments A. Approval process. A legislative amendment application is processed through a Legislative procedure, as provided in Section 18.710.110. FINDING:The proposed amendments are legislative in nature.Therefore,the amendment will be reviewed under the Type IV legislative procedure as set forth in Section 18.710.110. This procedure requires public hearings by both the Planning Commission and City Council. Public hearings will be conducted on March 18, 2024 and April 23, 2024. This criterion is met. B. A recommendation or a decision for a legislative amendment application may be based on consideration of the applicable legal requirements. They may, but do not necessarily include: Oregon Revised Statutes, Oregon Administrative Rules, one or more Statewide Planning Goals, Metro's Urban Growth Management Functional Plan and any other regional plans. FINDING: The Planning Commission's recommendation to the Tigard City Council for approval of the comprehensive plan map, zoning map, and development code changes is based on consideration of Tigard MADE and WSRC Code Updates PAGE 10 OF 12 Z0N2024-00002,DCA 2024-00001 applicable legal requirements as identified and discussed in the report above. The recommendation by the Commission and the decision by the Council are based on the findings and conclusions provided throughout Section IV of this report. This standard is satisfied. SECTION V. CITY STAFF AND AGENCY COMMENTS The following agencies, departments, and jurisdictions had an opportunity to review the proposed Development Code Amendment: • City of Tigard Public Works • City of Beaverton • City of Durham • City of King City • City of Lake Oswego • City of Portland • City of Tualatin • Metro • Oregon Department of Land Conservation and Development (DLCD) • Oregon Department of Transportation (ODOT) • Oregon Department of Energy • Oregon Department of Aviation • Oregon Department of Environmental Quality • Oregon Department of Fish and Wildlife • Oregon Department of Geology and Mineral Industries • Washington County Department of Land Use and Transportation • US Army Corps of Engineers • Clean Water Services • Beaverton School District #48 • Century Link • Comcast • NW Natural • Oregon Health Authority • Oregon Liquor Control Commission • Portland General Electric • Portland &Western Railroad • Pride Disposal Company • Tigard/Tualatin School District #23J • Tigard Water District • Tualatin Hills Parks and Recreation District • Tualatin Valley Fire and Rescue • Tualatin Valley Water District • Tri-Met Transit Development • Ziply Fiber Tigard MADE and WSRC Code Updates PAGE 11 OF 12 Z0N2024-00002,DCA 2024-00001 Metro responded by e-mail with comments as addressed in the findings for Title 8 above.As of the writing of this report, no other agency comments have been received. SECTION VI. PUBLIC COMMENTS The Planning Commission received one written comment in support of the zoning changes. Four community members provided testimony at the Planning Commission hearing on March 18, 2024. A representative of PacTrust expressed support of the project while recommending a check-in on implementation in the next year;a prospective local business owner expressed support of the changes,citing the changes'intent to newly allow his business (small motorcycle repair) in more locations; a representative of Macerich expressed general support of the project but concern regarding a proposed limit on the size of Indoor Sales and Services tenants in new buildings; and a local property owner expressed a desire to better understand regulations. The Planning Commission agreed that city staff have demonstrated an ability to address and adapt to public feedback. Therefore, any concerns expressed in the public testimony can be monitored over the next year and staff should return with amendments if necessary following implementation. March 25, 2024 PREPARED BY: Hope Pollard Associate Planner March 25, 2024 APPROVED BY: Tom McGuire Assistant Community Development Director 1k/A �' March 25, 2024 APPROVED BY: Nathan Jackson Planning Commission President Tigard MADE and WSRC Code Updates PAGE 12 OF 12 Z0N2024-00002,DCA 2024-00001 Chapter 18.50 NONCONFORMING CIRCUMSTANCES 18.50.010 Purpose The purpose of this chapter is to allow certain nonconforming lots, structures, uses, and development to continue but to prohibit their enlargement, expansion, or extension. 18.50.020 General Provisions A. Nonconforming circumstances are lots, structures, uses of land, and site improvements that were lawful when established, but would not be allowed under current regulations as a result of a change to the applicable base zone, plan district, or development standards. B. The status of a nonconforming circumstance is not affected by changes in ownership or tenancy. C. A nonconforming circumstance may be changed to a conforming circumstance by right. Once a conforming circumstance occupies a site or the lot is brought into conformance, the nonconforming rights are lost and the nonconforming circumstance may not be re-established. D. The regulations of this chapter apply to all nonconforming circumstances except the following: 1. Small form residential development in the MU-CBD zone. 2. Nonconforming uses and developments in the Washington Square Regional Center Plan District, which are subject to the standards of Section 18.670.050. 32. Nonconforming uses and developments in the TMU zone, which are subject to the standards of Chapter 18.660, Tigard Triangle Plan District. 18.50.030 Determination of Nonconforming Use Status A determination regarding the legal status of a nonconforming circumstance is processed through a Director determination, as provided in Chapter 18.730, Director Determinations. A nonconforming use is determined to be legal when both of the following are met: A. The applicant has provided proof that the use was lawful at the time it was established, by one or more of the following: 1. Copies of issued development permits or land use approvals granted at the time the use was established; 1 Chapter 18.50 Nonconforming Circumstances 2. Copies of zoning ordinances or maps; or 3. Demonstration that the use was established before the first development code for the City of Tigard was adopted. B. The applicant has provided proof that the use has been maintained over time. This proof must include copies of one or more of the following for every other year from the time the use was established until the current year: 1. Utility bills; 2. Income tax records; 3. Business licenses; 4. Listings in telephone, business, or other related directories; 5. Advertisements in dated publications, for example trade magazines; or 6. Land use approvals or development permits. 18.50.040 Criteria for Nonconforming Situations A. Nonconforming lots. 1. Except as provided in Paragraph 18.50.040.A.2 and Subsections 18.50.040.B and C, development of nonconforming lots and enlargement, modification, or reconstruction of uses on nonconforming lots are prohibited. 2. If a lot does not meet the minimum lot size standard, the lot may: a. Be occupied by one use allowed in a commercial zone, if the lot is located within a commercial zone; or b. Be occupied by small form residential development and accessory structures if located in a residential zone. 3. Development allowed on a nonconforming lot under the provisions of Paragraph 18.50.040.A.2 is subject to the following: a. The nonconforming lot must not be contiguous with other lots in the same ownership; and b. All other applicable provisions of this title must be met. 2 Chapter 18.50 Nonconforming Circumstances 4. If a nonconforming lot is contiguous with another lot in common ownership, the following provisions apply: a. The lots involved are considered to be an undivided unit of land for the purposes of this title; b. Conveyance, transfer, or use of the lots or any portion of the lots in any manner that violates this title is prohibited; and c. Division of the lots in a manner that results in a nonconforming lot is prohibited. B. Nonconforming uses. 1. If a lawfully established use of land exists that would not be allowed by this title, the A nonconforming use may be continued when all of the following are met. Any other subsequent use must meet all applicable standards of this title. provided: a. The nonconforming use .s and the building or buildings it occupies are not enlargedl, .. . -., _ - spacc,cxccpt that a nonconforming use may be enlarged, increased, or extended into any existing parts of the building it occupies, provided that the building was specifically designed and constructed to lawfully accommodate that use at the time of original construction; b. If the nonconforming use occupies a building that is accidentally damaged or destroyed by fire, flood, earthquake, or other natural disaster so that the building or tenant space cannot be occupied, it is discontinued for no longer than six months following the date the new building receives final certificate of occupancy; and b. The nonconforming use is not moved in whole or in part to any portion of the lot; c. The nonconforming use of land is not discontinued for any reason, other than accidental damage or destruction of the building it occupies, for a period of more than six 18 months. The 18-month period begins when the last of the following occurs: i. On the date when the use is vacated, ii. On the date the use ceases to be actively involved in the sale of merchandise or the provision of services, or 3 Chapter 18.50 Nonconforming Circumstances New nonconforming use regulations are more generous to nonconforming uses by allowing longer vacancy terms, especially in the case of accidental damage to the building the use occupies. iii. On the date of termination of any lease or contract under which the nonconforming use has occupied the building or land. months, any subsequent use of land must conform to the regulations specified by this title; and c. For purposes of calculating the six month period, a use is discontinued or abandoned upon the occurrence of the first of any of the following events: i. On the date when the use of land is vacated, ii. On the date the use ceases to be actively involved in the sale of merchandise or the provision of services, iii. On the date of termination of any lease or contract under which the nonconforming use has occupied the land, or made to the applicable utility provider. f. Additional structures, buildings, or signs are prohibited on a lot with a nonconforming use. 2. A nonconforming use may be changed to a conditional use allowed in the applicable base zone if approved through a conditional use review. Once an allowed or conditional use occupies the site, the nonconforming rights are lost and a nonconforming use may not be re-established. 3. The provisions of Section i 8.bU.Uti do not grant an owner of a nonconforming use a vested right. The provisions of the section may be revised in chapter. C. Nonconforming development. 1. Where a lawful structure or development exists that could not be built under the terms of this title by reason of restrictions on lot area, lot coverage, height, required parking, landscaping, or other requirements, such structure or development may remain and its use continued provided it remains otherwise lawful and complies with the following: a. The nonconforming structure or development may not be enlarged or altered in a way that increases its nonconformity; 4 Chapter 18.50 Nonconforming Circumstances b. If a nonconforming structure, development, or nonconforming portion of a structure or development is destroyed by any means to an extent of more than 60% of its current value as assessed by the Washington County assessor, reconstruction is prohibited except in conformity with this title. This prohibition does not apply to small form residential development or regulated affordable housing that is destroyed by accident, such as by fire, flood, or earthquake; and c. If a structure or development is moved any distance for any reason, it must thereafter comply with all applicable development standards. 18.50.050 Repairs and Maintenance A. Routine repairs and maintenance. On any nonconforming structure or portion of a structure containing a nonconforming circumstance, normal repairs, or replacement of roofs, non-bearing walls, fixtures, wiring, or plumbing may be performed in a manner not in conflict with the provisions of this chapter. B. Restoration to safe condition. Nothing in this chapter prevents the strengthening or restoring to a safe condition of any building or part thereof declared to be unsafe by any official charged with protecting the public safety, upon order of such official. 5 Chapter 18.50 Nonconforming Circumstances Chapter 18.60 USE CATEGORIES 18.60.010 Purpose This chapter classifies land uses and activities into use categories on the basis of common functional, product, or physical characteristics. Characteristics include the type and amount of activity, the type of customers or residents, how goods or services are sold or delivered, and certain site factors. The use categories provide a systematic basis for assignment of present and future uses to zones. The decision to allow or prohibit the use categories in the various base zones is based on the goals and policies of the comprehensive plan. (Ord. 10-15 §1) 18.60.020 Classification of Uses A. Considerations. 1. The "Characteristics" subsection of each use category describes the characteristics of each use category. Uses are assigned to the category whose description most closely describes the nature of the primary use. 2. The following items are considered to determine what use category the use is in, and whether the activities constitute primary uses or accessory uses: a. Description of the activities in relationship to the characteristics of each use category; b. Relative amount of site or floor area and equipment devoted to the activities; c. Relative amounts of sales from each activity; d. Customer type for each activity; e. Relative number of employees in each activity; f. Hours of operation; g. Site arrangement, including buildings and structures; h. Vehicles used with the activities; i. The relative number of vehicle trips generated by the activities; j. Signs; 1 Chapter 18.60 Use Categories k. How the use advertises itself; and I. Whether the activity would be likely to be found independent of the other activities on the site. B. Developments with multiple primary uses. When all of the primary uses of a development fall within one use category, then the development is assigned to that use category. When the primary uses of a development fall within different use categories, each primary use is classified in the applicable category and is subject to the regulations for that category. C. Accessory uses. The "Accessory Uses" subsection of each use category provides a list of common accessory uses associated with that use category. Accessory uses are allowed in conjunction with the use unless stated otherwise in the regulations. Also, unless otherwise stated, they are subject to the same regulations as the primary use. D. Use of examples. The "Examples" subsection of each use category provides a list of examples of uses that are included in the use category. The names of uses on the lists are generic. They are based on the common meaning of the terms and not on what a specific use may call itself. For example, a use whose business name is "Wholesale Liquidation" but that sells mostly to consumers, would be included in the Sales Oriented Retail Indoor Sales and Services use category rather than the Wholesale and Equipment Rental use category. This is because the actual activity on the site matches the description of Sales Oriented Retail Indoor Sales and Services use category. (Ord. 20-01 §1; Ord. 18-28 §1; Ord. 18-23 §2; Ord. 10-15 §1) 18.60.030 Unlisted Uses A. Purpose. The purpose of these provisions is to establish a procedure for determining whether certain specific unlisted uses are allowed in a base zone and to which use category the unlisted use is most similar. B. Approval process. The Director will make a determination, using the process provided in Chapter 18.73C, Director Determinations. C. Approval standards. The Director will make a determination of the most appropriate use category based on the following: 1. Whether the use is consistent with the intent and purpose of the applicable base zone; 2. Whether the use is similar to and of the same general type as the use categories listed in the base zone; 2 Chapter 18.60 Use Categories 3. Whether the use has similar intensity, density, and off-site impacts as the use categories listed in the base zone, to be evaluated using the criteria provided in Paragraph 18.60.020.A.2; and 4. Whether the use has similar impacts on the community facilities as the listed use categories. Community facilities include streets, schools, libraries, hospitals, parks, police and fire stations, and water, sanitary sewer and storm drainage systems. D. Other provisions. The Director will not authorize an omitted or unanticipated use in a base zone if the use category is specifically listed in another base zone as either an allowed use, restricted use, or a conditional use. (Ord. 18-23 §2; Ord. 10-15 §1) 18.60.040 Residential Use Category A. Characteristics: 1. Residential use is the residential occupancy of a dwelling unit by related or unrelated individuals. The maximum number of residents who may occupy any given dwelling unit is determined by the state building code. 2. Residential use also includes the occupancy of an institution or facility where the components of a dwelling unit are shared by residents. 3. Residential occupancy is arranged on a month-to-month basis, at a minimum, or for longer periods of time. 4. Residential use may include any combination of care, training, or treatment. B. Accessory uses: Accessory uses may include parking, recreational and social facilities, dining halls, and home occupations. C. Examples: Examples include household living, group living, foster homes, dormitories, fraternities and sororities, monasteries and convents, nursing and convalescent homes, memory care facilities, group homes for disabled individuals, residential treatment programs, assisted living facilities, and progressive or continuing care facilities. D. Exceptions: 1. Does not include uses meeting the definition of Temporary Shelter, Commercial Lodging, or Detention Facility, or Medical Center. 2. Does not include dormitories, fraternities, or sororities where accessory to Collcgc Indoor Sales and Services uses. 3 Chapter 18.60 Use Categories 18.60.050 Civic Use Categories A. Basic Utilityies. 1. Characteristics: A Basic Utilityies is an ace infrastructure services that need to must be located in or near where the service is provided. Basic Utility uses generally do not have employees at the site other than for construction or maintenance. Service may be public or privately provided. 2. Accessory Uses: Accessory uses commonly found arc may include parking; control, monitoring, data, or transmission equipment; and shelters. 3. Examples: Examples include water and sewer systems, water towers or reservoirs, data centers, energy production including solar production as a standalone use, water quality or flow control facilities, water conveyance systems, water harvesting or re-use conveyance systems or pump stations, stormwater facilities or conveyance systems, telephone exchanges, power substations, and transit stations. 4. Clarifications Exceptions: a. Utility offices where employees or customers are generally present are categorized cla-sified as Office. b. Fleet vehicle storage as a primary use is categorized as Off-Site Services. - - A - - - 1 I- .. _ . c. Public or private passageways, including easements, for the express purpose of transmitting or transporting electricity, gas, oil, water, sewage, communication signals, or other similar services on a regional level are categorized classified as Transportation/-and Utility Corridors. d. Does not include utilities proposed with or for a specific development, including solar arrays, which are considered accessory to the primary use. B. Cemetery. 1. Characteristics:A Cemetery is a facility for the permanent storage of human remains. 2. Accessory uses:Accessory uses may include chapels, mortuaries, offices, maintenance facilities, or parking. 4 Chapter 18.60 Use Categories All use categories changed to be singular for uniformity. Clarification added to distinguish from employment sites. Examples modernized. Cemetery and Detention Facility moved from "other uses" section, which is being consolidated into other sections (civic, commercial, or industrial uses). C. Detention Facility. 1. Characteristics: A Detention Facility is devoted to the judicially required detention, incarceration, or supervision of people. 2. Accessory uses:Accessory uses may include offices, recreational or health facilities, therapy facilities, maintenance facilities, or hobby or manufacturing facilities. 3. Examples: Examples include prisons,jails, probation centers,juvenile detention homes, or related post-incarceration. 4. Clarifications: a. Programs that provide care or training or treatment for psychiatric, alcohol, or drug problems, where patients are residents of the program, but where patients are not supervised by public safety personnel, are categorized as Residential Use. b. Temporary holding cells within a police station are considered accessory to a Government Services use. B. Colleges. 1 . Characteristics: Colleges are institutions of higher education leading to a A - . - ' A - . - e-- --e- .. . • - '.. . Exceptions: a. Docs not include private, for profit trade and vocational schools, which arc classified as Personal Services. b. Does not include public and private schools at the primary, elementary, middle, junior high, or high school level that provide state mandated basic education. 5 Chapter 18.60 Use Categories Removed use categories that have been absorbed into other new use categories. Colleges—Day Care are now Indoor Sales and Services. Emergency Services is either Indoor Sales and Services or Government Services. C. Community Services. 1. Characteristics: Community Services uses are public or non profit A - - / - - • _ e. • - • - facilities, clubhouses, picnic shelters, maintenance facilities, and concessions. 3. Examples: Examples include community centers, senior centers, indoor and parks, playgrounds, picnic areas, and golf courses. . Exceptions: a. Does not include uses meeting the definition of Cultural Institutions. b. Does not include multi use trails, which arc classified as Transportation/Utility Corridors. D. Cultural Institutions. the public. _ _ 1 _ _ . . _ . Exceptions: a. Does not include uses meeting the definition of Schools or Colleges. b. Does not include uses meeting the definition of Community Services. E. Day Care. all state requirements. 1 - - • 1 - e - . . _ • - parking. 6 Chapter 18.60 Use Categories after school care facilities, and child development centers. relatives of the children, or by babysitters. F. Emergency Services. 1. Characteristics: Emergency Services are public safety facilities necessary for the protection of life and property. A - - A - - • , • - . .. _ food preparation areas; transmission equipment; and temporary holding cells within a police station. communications, and ambulance services. . Exceptions: b. Does not include uses meeting the definition of Medical Centers. D. Government Services. 1. Characteristics: A Government Services use is a government-operated indoor or outdoor facility that is intended at least in part for use or access by the public. 2. Accessory uses:Accessory uses may include office, parking, cafés, or storage. 3. Examples: Examples include parks, libraries, city hall, police or fire stations, public plazas, or administrative offices for school or fire districts when designed as a campus. 4. Clarifications: a. Does not include fleet vehicle parking as a standalone use or fleet vehicle parking with accessory office, which are categorized as Off-Site Services. b. Does not include administrative offices for school or fire districts located in a single office building or existing buildings, which are categorized as Office. Chapter 18.60 Use Categories New use categories provide additional clarity around government uses that provide a public service. E. Railroad Yard. 1. Characteristics: A Railroad Yard contains multiple railroad tracks used for rail car switching, assembling of trains, or the transshipment of goods from other transportation modes to or from trains. 2. Accessory uses:Accessory uses may include office, employee facilities, storage areas, or rail car maintenance or repair facilities. G. Medical Centers. 1. Characteristics: Medical Centers are facilities providing inpatient, outpatient, developed in a campus setting or on multiple blocks. 2. Accessory uses: Accessory uses may include diagnostic and treatment . _ - - -- - e eee --• - - parking. 3. Examples: Examples include hospitals and medical complexes that include hospitals. . Exceptions: - _ • -- - or private practice physicians and other allied h Ith care professional; these medical office buildings are classified as Office. b. Does not include uses meeting the definition of Emergency Services. H. Postal Service. 1. Characteristics: Postal Service includes letter, periodical, and package storage. storage facilities. 3. Examples: Examples include U.S. Post Offices and parcel package distribution centers. 8 Chapter 18.60 Use Categories Railroad Yard moved from "other uses" section, which is being consolidated into other sections (civic, commercial, or industrial uses). Removed use categories that have been absorbed into other use categories. Medical Centers, Postal Service, and Social/Fraternal Clubs/Lodges are part of Indoor Sales and Services. Schools and Religious Institutions are now grouped together as a single use category called Schools and Religious Facilities, since they are regulated similarly by the code. I. Religious Institutions. 1. Characteristics: Religious Institutions provide meeting space that is primarily used for religious worship. - _ 1 - _ .• . - temporary use under the provisions of Chapter , Temporary Uses. 3. Examples: Examples include churches, temples, synagogues, and mosques. J. Schools. 1. Characteristics: Schools include public and private schools at the primary, elementary, middle, junior high, or high school level that provide state mandated basic education. 2. Accessory uses: Accessory uses may include play areas, cafeterias, school daycare. 3. Examples: Examples include public and private daytime schools. . Exceptions: a. Does not include preschools, which arc classified as Day Care. which are classified as Personal Services. c. Does not include uses meeting the definition of Colleges. K. Social/Fraternal Clubs/Lodges. 1 . Characteristics: Social/Fraternal Clubs/Lodges are non profit organizations with social, philanthropic, or recr tional functions and activities. 2. Accessory uses: Accessory uses commonly found arc offices, auditoriums, temporary use under the provisions of Chapter 18.440, Temporary Uses. and Masonic Temples. F. School or Religious Facility. 9 Chapter 18.60 Use Categories 1. Characteristics:A School or Religious Facility is an institution intended for preschool, K-12 education, or religious purposes. 2. Accessory uses:Accessory uses may include play areas, cafeterias, recreational or sports facilities, athletic fields, auditoriums, or before- or after-school daycare. 3. Examples: Examples include public or private daytime schools at the primary, elementary, middle,junior high, or high-school level that provide state-mandated basic education; or places of worship. 4. Clarifications: Does not include day cares, trade schools, colleges, or vocational schools, which are categorized as Indoor Sales and Services. LG. Temporary Shelter. 1. Characteristics: A Temporary Shelter is operated by a public or non-profit agency and uscs arc e_ - _ _ . - _ _ _ . e _ e e . __-- _ _ provides mass shelter or short-term housing where tenancy may be arranged for periods of less than one month. The use may also provide special counseling, education, or training of a public, nonprofit, or charitable nature. 2. Accessory uses: Accessory uses may include offices, meeting areas, food preparation areas, parking, health and therapy areas, day cares uccs, and athletic facilities. 3. Examples: Examples include homeless shelters and shelters for women and children. 4. Clarifications Exceptions: a. Does not include for-profit lodging where tenancy may be arranged for periods less than one month, which is considered a hotel or motel use and is categorized classified as Commercial Lodging. b. Does not include uses meeting the definition of Residential Use. c. Does not include residential uses meeting the definition of Detention Facilities H. Transportation and Utility Corridor. 1. Characteristics:A Transportation and Utility Corridor is a regional corridor in public or private ownership, including easements, dedicated for the express use of rail lines; multi-use trails; above-grade or underground Zo Chapter 18.60 Use Categories Transportation and Utility Corridor and Wireless Communications Facility moved from "other uses" section, which is being consolidated into other sections (civic, commercial, or industrial uses). power or communication lines; water, sewer, or storm sewer lines; or similar services. 2. Accessory uses: Accessory uses may include trailhead improvements such as public restrooms or parking lots. 3. Examples: Examples include rail trunk or feeder lines; multi-use trails; regional electrical transmission lines; or regional_gas stormwater or sewage main petroleum pipelines. 4. Clarifications: a. Railroad lead or spur lines for deliver _of rail cars to sites or for unloading of rail cars on specific sites are considered accessory to the primary use of the site. b. Does not include railroad switch yards as a primary use, which are categorized as Railroad Yard. c. Transportation and Utility Corridors contained within motor vehicle rights-of-way are not included. d. Utility offices where employees or customers are generally present are categorized as Office. L Wireless Communications Facility. 1. Characteristics:A Wireless Communication Facility includes all devices, equipment, machinery, structures, or supporting elements necessary to produce electromagnetic radiation to produce a discrete wireless signal or message. Towers may be self-supporting, guyed, or mounted on poles or buildings. 2. Accessory uses: Accessory uses may include related ancillary equipment structures. 3. Examples: Examples include television or AM/FM radio transmission towers, microwave relay stations, or cellular communications equipment. 4. Clarifications: a. Does not include transmission facilities that are part of the public safety network, which are categorized as Basic Utility. b. Does not include amateur(ham) radio antennas or towers. 11 Chapter 18.60 Use Categories c. Does not include radio or television studios, which are categorized as Office. 18.60.060 Commercial Use Categories A. Adult Entertainment. 1. Characteristics: Adult Entertainment includes uses characterized or distinguished by an emphasis on matters depicting specified sexual activities or anatomical areas. 2. Accessory uses: Accessory uses commonly found may include parking. 3. Examples: Examples include adult motion picture theaters, adult book stores, and topless, bottomless, and nude taverns and dance halls. B. Animal Related Commercial. 1. Characteristics: Animal Related Commercial uses arc those engaged in not be part of the use. - et _ 1 _ _ e-- --e- e. •. - space, and storage space. overnight boarding facilities. . Exceptions: Sales Oriented Retail. b. Does not include animal grooming, which is classified as Personal Services or Repair Oriented Retail. c. Does not include veterinary clinics, which are classified as Office. d. Overnight boarding facilities for household pets when these facilities and a building, arc classificd as Personal Services. C. Bulk Sales. 1. Characteristics: Establishments engaging in the sales, leasing, and rental of bulky items requiring extensive interior space for display. 12 Chapter 18.60 Use Categories Removed use categories that have been absorbed into new use categories. Animal-Related Commercial and Bulk Sales are now Indoor Sales and Services. 2. Accessory uses: Accessory uses commonly found include parking, office space, and storage space. 3. Examples: Examples include furniture, large appliances, and home improvement. . Exceptions: a. Docs not includc uses mccting the definition of Outdoor Sales. b. Does not include Motor Vehicle Sales/Rental. DB. Commercial Lodging. 1. Characteristics: Commercial Lodging includes provides for-profit shelter residential facilities where tenancy is typically less than one month. 2. Accessory uses: Accessory uses may include commonly found are parking, restaurants and bars, meeting and convention facilities, and recreational facilities for guests such as pools and gym. 3. Examples: Examples include hotels, motels, short-term rentals, rooming houses, and bed-and-breakfast establishments. /1. Exceptions: Does not include uses mccting the definition of Residential Use or Temporary Shelter. E. Custom Arts and Crafts. 1. Characteristics: Establishments engaged in the on-site manufacture and sale of produced without the use of a mechanized assembly line or large-scale machinery. supported by a small number of assistants. - - . - - • - . . . . - facilities, parking, office space, and storage space. portable materials. F. Eating and Drinking Establishments. 13 Chapter 18.60 Use Categories Removed use categories that have been absorbed into new use categories. Custom Arts and Crafts and Indoor Entertainment are now Indoor Sales and Services. of prepared food and beverages for consumption on site or take away. 2. Accessory uses: Accessory uses commonly found are parking and outdoor seating areas. 3. Examples: Examples include restaurants, delicatessens, retail bakeries, taverns, brew pubs, and espresso bars. A . • ■. - - • - e - - - G. Indoor Entertainment. 1. Characteristics: Indoor Entertainment consists of for profit facilities providing active recreational uses of a primarily indoor nature. e : Accessory uses commonly found include parking, offices, limited retail, and concessions. -- - - -- - - --- and movie th ters. I • ■. .. •. _ ..__ • •_ e- •.• •.. e . .or Cultural Institutions. C. Indoor Sales and Services. 1. Characteristics: An Indoor Sales and Services use operates primarily indoors and provides the sale, lease, rental, or repair of products for the general public; or provides personal services or entertainment. a. Sales-oriented: Sale, lease, or rental of consumer, home, or business goods. b. Repair-oriented: On-site repair of consumer or home goods. c. Personal service-oriented: Services to the general public. d. Entertainment-oriented: Leisure activities or cultural activities. 2. Accessory uses: Accessory uses may include offices, storage of goods, parking, some limited accessory outdoor sales or activity area, or temporary outdoor activities subject to regulation in Chapter 18.440, Temporary Uses. 14 Chapter 18.60 Use Categories New use category allows a wide range of existing commercial activity to be regulated under one umbrella use category. This simplifies the application of the code and reduces the number of times a new business location is considered a "change in use" that necessitate land use review. 3. Examples: a. Sales-oriented: Examples include retail stores selling, leasing, or renting goods such as bicycles, clothing, electronic equipment, furniture, groceries, hardware, home improvements, plants, household products, pets, or pharmaceuticals. b. Repair-oriented: Examples include on-site repair of goods such as TVs, bicycles, clocks, shoes, guns, appliances, or office equipment; photo or laundry drop off; indoor consumer-oriented recycling drop-off; tailor; locksmith; or upholsterer. c. Personal service-oriented: Examples include banks, day cares, hospitals, postal service, tutoring or vocational school, or pet boarding. d. Entertainment-oriented: Examples include restaurants or bars; food cart pods; bowling alleys, ice rinks, indoor community centers, senior centers, or game arcades; dance, martial arts, or music classes; museums or galleries; lodges or fraternal/social clubs; indoor firing ranges; or theaters, health clubs, or gyms. 4. Clarifications: a. Sales, rental, and repair activity associated with motor vehicles is categorized as Mobility Hub, Motor Vehicle Fuel Sales, Motor Vehicle Sales and Rental, or Motor Vehicle Servicing. b. Sale and rental activity intended primarily for commercial, institutional, or industrial users, rather than for the general public, is categorized as Wholesale and Equipment Rental. c. Uses that primarily provide space to store products, with limited if any commercial activity on site, are categorized as Warehouse and Distribution. d. The repair of large-scale machinery for businesses is categorized as Industrial and Manufacturing. e. Entertainment uses with primarily outdoor activity are categorized as Outdoor Sales and Services. f. Veterinary or medical offices outside of a campus setting, such as hospitals, are categorized as Office. HD. Major Event Entertainment. 15 Chapter 18.60 Use Categories 1. Characteristics: Major Event Entertainment is facilities are uses characterized by activities and structures that draw large numbers of people to specific events or shows. Activities are generally of a spectator nature. 2. Accessory uses: Accessory uses commonly found may include parking, maintenance facilities, and concessions. 3. Examples: Examples include auditoriums, stadiums, convention centers, and race tracks. 4. Exceptions Clarifications: Does not include smaller-scale, primarily indoor uses, which are categorized as Indoor Sales and Services. a. Docs not include uses meeting the definition of Cultural Institutions. b. Does not include movie theaters or playhouses, which are classified as Indoor Entertainment. E. Mobility Hub. 1. Characteristics: A Mobility Hub provides charging stations for electric transportation as a primary use and may include other on-site services including, but not limited to, last-mile drop-off for e-commerce delivery and transit stops. 2. Accessory uses: Accessory uses may include parking, offices, storage space, convenience stores, e-commerce package drop-off, and transit stops. 3. Examples: Examples include e-bike or e-scooter rental; or electric charging stations for cars, trucks, scooters, or bikes. 4. Clarifications: a. Does not include electric vehicle charging stations that are accessory to an allowed use in an off-street parking area. b. Locations involved in the sale of petroleum or diesel fuels are categorized as Motor Vehicle Fuel Sales. F. Motor Vehicle Fuel Sales. 1. Characteristics: Motor Vehicle Fuel Sales include establishments that provide the sale of petroleum-based, natural gas, or hydrogen fuels for cars, motorcycles, trucks, recreational vehicles, or boats as a standalone primary use. 16 Chapter 18.60 Use Categories New use category anticipates new facilities similar to gas stations but focused on electric vehicle charging and active transportation and with some accessory uses that promote climate resilience. Motor Vehicle Fuel Sales renamed from Vehicle Fuel Sales so that it is grouped alphabetically with other motor vehicle uses. 2. Accessory uses: Accessory uses may include parking, office space, and storage space. 3. Examples: Examples include gas stations, hydrogen fueling stations, and natural gas fueling stations. 4. Clarifications: Does not include electric vehicle charging stations, which are either an accessory use or are categorized as a Mobility Hub use. 1G. Motor Vehicle Sales/ and Rental. 1. Characteristics: Motor Vehicle Sales/ and Rental includes land uses involveds +n the sale, lease, or rental of cars, motorcycles, light and heavy trucks, mobile homes, boats, and recreational vehicles. 2. Accessory uses: Accessory uses commonly found may include parking, auto repair and maintenance facilities, office space, and storage space. 3. Examples: Examples include auto dealerships, used car lots, and car rental facilities. 4. Clarifications: a. Does not include the sale or rental of small rafts, kayaks, canoes, or similar scale boats sold in a retail environment, which are categorized as Indoor Sales and Services. b. Does not include the rental of boats or vehicles for on-site entertainment such as whitewater centers or go-kart racetracks, which is categorized as Indoor or Outdoor Sales and Services. JH. Motor Vehicle Servicing Servicing/Repair. 1. Characteristics: Motor Vehicle Servicing/Repair includes is a freestanding vehicle servicing and repair establishments not accessory to new vehicle sales. 2. Accessory uses: Accessory uses commonly found may include parking, office space, and storage space. 3. Examples: Examples include general service stations, quick oil-change facilities, car washes, and body shops. KI. Non-Accessory Parking. 1. Characteristics: Non-Accessory Parking is any public or private parking that is not accessory to a primary use. A fee may or may not be charged. A facility that 17 Chapter 18.60 Use Categories provides both accessory parking for a specific use and regular fee parking for people not connected to the use is also categorized classified as Non-Accessory Parking. 2. Accessory uses: Accessory uses commonly found may include a ticket booth to collect fees and house security personnel. 3. Examples: Examples include public and private structures and surface parking lots, freestanding fleet vehicle parking, commercial district shared parking and transit park-and-ride lots. 4. Clarifications Exceptions: a. Parking facilities accessory to a usebut that charge or allow the public to park for occasional events nearby, are not categorized classified as Non- Accessory Parking. b. Does not include overnight parking of fleet vehicles, which is categorized as Off-Site Services. hJ. Office. 1. Characteristics: An Office is characterized by activities that generally focus on business, professional, medical, or financial services. Offices are typically characterized by a professional or_group of professionals assisted by support staff. e ' - - - _ - - ' e e . . '.' - _ e . e - office setting that-focus on the provision of goods and services, usually by .. . ..-. . . - .. " -:• - uses may include activities that, while conducted in an officc likc setting, arc loss consumer oriented and focus on the support of off site service personnel or in the . -e e e e 1 I -•• •-• - .• e - - e. . . . e . 'e- professionals assisted by support staff. 2. Accessory uses: Accessory uses may include commonly found arc employee amenity spaces such as fitness facilities or cafeterias, parking, and storage facilities. 3. Examples: Examples include medical, dental, veterinarian, laboratories or research and development facilities; financial services; branch or training offices; _government offices not providing in-person service to the public; blood collection centers; professional offices for attorneys, architects, engineers, stockbrokers, insurance brokers, or other consultants; headquarters offices; or radio or television studios. e e . - ----. _ - ; 18 Chapter 18.60 Use Categories Office characteristics simplified and accessory uses updated to include employee amenities. medical, dental, and veterinary clinics and laboratories; blood collection centers; professional offices for attorneys, architects, engineers, stockbrokers, insurance television studios; administrative offices for painting, building, and landscaping contractors; and software development firms. 4. Clarifications Exceptions: a. Offices that are part of and are located within a firm an establishment in another use category are considered accessory to the firm's the establishment's primary activity. b. Hospitals are categorized as Indoor Sales and Services. Contractors catcgory if equipment and materials are incidental to the office use and their storage does not constitute 50 percent or more of occupied space; otherwise, they are classified as Industrial Services. c. Government offices intended to provide in-person services to the public are categorized as Government Services. M. Outdoor Entertainment. 1. Characteristics: Outdoor Entertainment consists of for profit facilities providing active recrgational uses primarily in an out of doors setting. 1 - _ . _ _ _ . . . e. • ' clubhouses, and concessions. ranges. N. Outdoor Sales. 1. Characteristics: Outdoor Sales are sales oriented establishments requiring extensive outdoor or only partially enclosed display or storage. Thcsc uses may be space. . Exceptions: 19 Chapter 18.60 Use Categories Removed use categories that have been absorbed into new use categories. Outdoor Entertainment and Outdoor Sales are now Outdoor Sales and Services. alaiocs, not includc Motor Vehicle Salcs/Rental and Vehicle Fuel Sales. e. ■. ■ . . .. ■. . e. eee _ Chapter 18.4/10, Temporary Uses. d. Does not include limited outdoor or partially enclosed display or storage areas that improvement supplics. K. Outdoor Sales and Services. 1. Characteristics: An Outdoor Sales and Services use operates primarily outdoors and provides the sale, lease or rental of products for the general public; or provides personal services or entertainment. a. Sales-oriented: Sale, lease, or rental of consumer, home, or business goods. b. Repair-oriented: On-site repair of consumer or home goods. c. Personal service-oriented: Services to the _general public. d. Entertainment-oriented: Leisure activities or cultural activities. 2. Accessory uses:Accessory uses may include offices, storage of goods, parking, or some limited indoor sales or activity area. 3. Examples: a. Sales-oriented: Examples include lumber yards and plant nurseries. b. Repair-oriented: Examples include outdoor consumer-oriented recycling drop-off. c. Personal service-oriented: Examples include outdoor kennels for animal boarding. d. Entertainment-oriented: Examples include outdoor firing ranges, golf courses, go-kart facilities, theme parks, or community centers with significant outdoor activity such as swimming pools or mini golf. 4. Clarifications: 20 Chapter 18.60 Use Categories a. Does not include the sale, lease, or rental of products to industrial or commercial users, which is categorized as Wholesale and Equipment Rental. b. Does not include limited outdoor or partially-enclosed display or storage areas that are clearly incidental and accessory to retail uses selling hardware and home improvement supplies, which are considered an accessory use to Indoor Sales and Services. c. Indoor entertainment providers with some limited outdoor activities are categorized as Indoor Sales and Services. 0. Personal Services. the provision of consumer services in a manner typically necessitating no more than one consumer visit per service transaction. - e - A - e - . . _ e. and storage space. . Exceptions: a. Does not include Office. b. Does not include Repair Oriented Retail. ■._ •. . k.1. e - ,. .-e " -e.. - - - P. Repair Oriented Retail. 1. Characteristics: Repair Oriented Retail are establishments providing product repair necessitate two or more consumer visits per service transaction. 2. Accessory uses: Accessory uses commonly found include parking, office space, workshop space, and storage. 21 Chapter 18.60 Use Categories Removed use categories that have been absorbed into new use categories. Personal Services, Repair-Oriented Retail, and Sales-Oriented Retail are now Indoor Sales and Services. locksmiths, upholsterers, doggy daycare. /1. Exceptions: Does not include Motor Vehicle Servicing/Repair. Q. Sales Oriented Retail. 1. Characteristics: Sales Oriented Retail firms are involved in the sale, leasing, and rental of new or used products to the general public. 2. Accessory uses: Accessory uses commonly found include parking, office space, Temporary Uses. 3. Examples: Examples include art, art supplies, bicycles, clothing, dry goods, - -- - , :• - . - , - • printed materials, stationery, and printed and electronic media. . Exceptions: a. Does not include uses meeting the definition of Bulk Sales. b. Does not include uses meeting the definition of Outdoor Sales. 67-13ees not include Motor Vehicle Sam/Rental and Vehicle Fuel Sales. RL. Self-Service Storage. 1. Characteristics: Self-Service Storage provides Commercial operations that provide rental of storage space to individuals or business uses. The storage ar as Storage spaces are designed to allow private access by the tenant for storing or removing personal property. 2. Accessory uses: Accessory uses commonly found may include parking and office space. 3. Examples: Examples include single-story and multi-story facilities that provide individual storage areas for rent, often called mini-warehouses or self-storage facilities; and the storage of boats and recreational vehicles. 4. Clarifications Exceptions: 22 Chapter 18.60 Use Categories a. Does not include uses that primarily provide space to store products for future sales or distribution, which are categorized as Warehouse and Distribution se- _ - . _ _ ,'-e _ _ .e- companies _- companies where there is no individual storage or where employees are primary movers of the goods to be stored. Such uses are classified as Warehouse/Freight Movement. b. Does not include fleet storage, which is categorized as Off-Site Services. !e- _ - .e _ . _- _ -- - , .. A - - -- - e -. . e a. . classified as Motor Vehicle Sales/Rental. S. Vehicle Fuel Sales. 1. Characteristics: Vehicle Fuel Sales includes establishments engaging in the sale of vehicles, and boats. 2. Accessory uses: Accessory uses commonly found include parking, office space, and storage space. 3. Examples: Examples include gas stations and electric vehicle charging stations. /1. Exceptions: Does not include electric vehicle charging stations that are accessory d-an --a-n--off street parking area. 18.60.070 Industrial Use Categories A. Industrial and Manufacturing. 1. Characteristics: Industrial and Manufacturing engages in the mechanical, physical, or chemical transformation of materials, substances, or components into new products, usually requiring the use of machinery. This includes assembling component parts of manufactured products. The new product of a manufacturing establishment may be finished in the sense that it is for utilization or consumption, or it may be semi-finished to become an input for further manufacturing. Industrial and Manufacturing uses involve some amount of physical or characteristic change to materials necessary to make them suitable for sale. 2. Accessory uses:Accessory uses may include parking, office, storage, or maintenance facilities. 23 Chapter 18.60 Use Categories Industrial use categories have been greatly simplified as existing number of use categories has generated a great deal of confusion. Industrial and Manufacturing, Off-Site Services, Warehouse and Distribution, Waste- Related Facility, and Wholesale and Equipment Rental are the essential industrial use categories. Clarification has been added to each use category to aid in applying more strict industrial use standards going forward. 3. Examples: Examples include additive, advanced, or contract manufacturing; make to stock, make to order, or make to assemble manufacturing; discrete, process, mixed mode,job shop, or repetitive manufacturing; production of metals or metal products including enameling or galvanizing; production of cars, trucks, recreational vehicles; indoor agriculture; food processing; breweries, distilleries, or wineries; production of apparel or textiles; woodworking including cabinet makers; production or manipulation of chemical, rubber, leather, clay, bone, plastic, stone, or glass materials; manufacturing or production of machinery; large-scale recycling centers; the manufacturing or assembly of small-scale machinery, appliances, computers, or other electronic equipment; manufacturing, assembly, bottling of pharmaceuticals; manufacturing of scientific or musical instruments; production of toys or precision goods; sign-making; or commercial kitchens. 4. Clarifications: a. Does not include energy production from the biological decomposition of organic materials, which is categorized as Waste- Related Facility. b. Does not include storage or distribution of products involving no physical change to materials, packaging of previously prepared commercial products, or storage or distribution for e-commerce, which are categorized as Warehouse and Distribution. c. Does not include breaking bulk for commercial, institutional, or industrial users, which is categorized as Wholesale and Equipment Rental. d. Does not include uses meeting the definition of Basic Utility. e. Does not include the use of a kiln or other machinery that is accessory to a public-facing arts use, which is categorized as Indoor Sales and Services. B. Off-Site Services. 1. Characteristics: An Off-Site Services use primarily provides services at a client's location or a third-party site. The site is primarily used for parking of company or employee vehicles, equipment, or some accessory office. Few customers, especially the general public, come to the site. 2. Accessory uses:Accessory uses may include office, parking, or warehouse or storage space. 24 Chapter 18.60 Use Categories 3. Examples: Examples include exterminators; freestanding fleet vehicle parking or fleet parking as a primary use;janitorial services; trade contractors; mobile pet grooming; mobile auto services; or off-site windshield repair. A. General Industrial. 1. Characteristics: General Industrial includes the manufacturing, processing, and 2. Accessory uses: Accessory uses commonly include parking, office, and storage space. of chemical, rubber, leather, clay, bone, plastic, stone or glass materials or products; manufacturing and production of large-scale machinery. . Exceptions: a. Docs not include uses meeting the definition of Custom Arts and Crafts. b. Does not include the manufacture and production of goods from the composting of organic material, which is classified as Waste Related. B—Heavy Industrial. 1 . Characteristics: Hea nd -.trial includes the manufacturing, processing, and portion of activities and storage may be undertaken outdoors with resulting noise, 2. Accessory uses: Accessory uses may include parking, office, storage, and maintenance facilities. asphalt mixing; production of metals or metal products including enameling and a . ■. . o€-organic materiat. uch uses are classified as Waste Related. C. Industrial Services. 25 Chapter 18.60 Use Categories e. ._ ._ • . ._r •_ • ee . ee . •• public, come to the site. 2. Accessory uses: Accessory uses may include offices, parking, storage, loading docks, and railroad lead and spur lines to allow the loading and unloading of rail cars. 3. Examples: Examples include welding shops; machine shops; repair shops for tools, scientific/professional instruments, and motors; sales, repair, storage, vehicle storage; auto and truck salvage and wrecking; heavy truck servicing and cicctrical contractors; printing, publishing, and lithography; exterminators; janitorial /1. Exceptions: Contractors and others who perform services off site are included 50 percent or more of occupied space and fabrication or similar work is not carried out at the site. D. Light Industrial. 1 . Characteristics: Light Industrial includes the production, processing, assembling, packaging, or tr tment of finished products from previously prepared materials or components. All activities and storage are contained within buildings. 2. Accessory uses: Acce.. ory uses commonly include parking, office, and storage space. machinery, appliances, computers, and other electronic equipment; precision goods; sign making; and catering facilities. • ■_ _ • • _ • . Crafts. E. Railroad Yards. 26 Chapter 18.60 Use Categories 1. Characteristics: Railroad Yards are areas that contain multiple railroad tracks 2. Accessory uses: Accessory uses may include offices, employee facilities, storage areas, and rail car maintenance and repair facilities. F. Research and Development. of uses including office, research laboratories, and prototype manufacturing. 2. Accessory Uses: Accec'sory uses may include parking, storage, and employee facilities. 3. Exceptions: If manufacturing is not present, it is classified as Office. GC. Warehouse and Distribution/Freight Movement. 1. Characteristics: Warehouse and Distribution uses /Freight Movement includes uses involved in the storage and movement of store and move large quantities of materials or products for themselves or other establishments firms with limited to no other activity on site except for accessory office. Goods are generally delivered to other firms for the final consumer, except for some will call ••e e: e - see -: The use is usually associated with significant truck and rail traffic. There may be some repackaging of products but no physical change to materials occurs on site. There is little on-site sales 2. Accessory uses: Accessory uses may include offices, parking, staging areas, fleet truck parking and maintenance area, storage, docks, rail spur or lead lines, and the repackaging of goods. 3. Examples: Examples include freestanding warehouses associated with e- commerce, retail furnitureL or appliance outlets; household moving and general freight storage; cold storage plants/frozen food lockers; weapon and ammunition storage; ••.'e •e - _ - _• _ _ _ . - ; and truck, marine and air freight terminals; e- - ; e - e e - • e e - e, e e. e . , e 4. Clarifications: a. Uses that involve the transfer or storage of solid or liquid wastes are categorized as Waste-Related Facility. 27 Chapter 18.60 Use Categories b. Does not include storage or transport of materials that are accessory to a primary use. c. Does not include uses where some physical change to materials occurs on site to create a saleable unit. Such uses, regardless of the amount of warehouse or storage space associated with the use, are categorized as Industrial and Manufacturing. #D. Waste-Related Facility. 1. Characteristics: A Waste-Related Facility uses are characterized as uscs that receives solid or liquid wastes from others for disposal onsite or for transfer to another location;L uses that collects sanitary wastes;Ler uses that manufactures er and produces goods from the biological decomposition of organic material-2: Waste Related uses also include uses that and receives hazardous wastes from others and areis subject to state regulations regarding hazardous waste management. 2. Accessory uses: Accessory uses may include parking, recycling of materials, offices, and repacking and transshipment of by-products. 3. Examples: Examples include recycling/garbage transfer stations; landfills; waste composting, energy recovery, portable sanitary equipment storage and pumping, and sewage treatment plants. 4. Clarifications Exceptions: a. Infrastructure services that must be located in or near the area where the service is provided in order to function are categorized classified as Basic Utilitiesy uses. Examples include sewer pipes that serve a development or water re-use pipes and tanks, pump stations, and collection stations necessary for the water re-use that serve a development or institution. b. The disposal of clean fill, as defined in OAR 340-093-0030, is not categorized classified as Waste-Related Facility. c. Does not include consumer recycling or bottle drop centers, which are considered as accessory to a primary use, categorized as Indoor Sales and Services when standalone and indoors, or Outdoor Sales and Services when standalone and outdoors. IE. Wholesale and Equipment Rental. 1. Characteristics: Wholesale and Equipment Rental is characterized by the sale, leasing, or rental of equipment or products primarily intended for industrial, institutional, or commercial users. The use emphasizes on-site sales or order 28 Chapter 18.60 Use Categories taking, and often includes display areas. The uses may or may not be open to the general public, but sales to the general public are limited as a result of the way in which the firm operates. Products may be picked up on site or delivered to the customer. 2. Accessory uses: Accessory uses may include offices product repair;z warehouses;L stockpiling of sand, gravel, drywall, construction materials, bark dust, lumber, or other aggregate or landscaping materials; parking,,: and the repackaging of goods primarily for commercial, institutional, or industrial users. 3. Examples: Examples include the sale or rental of machinery, equipment, building materials, special trade tools, welding supplies, machine parts, electrical supplies, janitorial supplies, restaurant equipment, and store fixtures; mail order houses; and wholesalers of food, clothing, auto parts, and building hardware. 4. Clarifications Exceptions: a. Firms Establishments that engage primarily in sales to the general public are categorized classified as _. - e •-- -: _- : : . _- - Indoor Sales and Service. b. Firms Establishments that are primarily storing goods with little on-site salesbusiness activity are categorized classified as Warehouse and Distribution/Freight Movement. c. Establishments that engage primarily in storage and sale of products for e-commerce are categorized as Warehouse and Distribution. A. Cemeteries. 1. Characteristics: Cemeteries are facilities for the permanent storage of human remains. - _ 1 - e , . - . . . __ _ e - maintenance facilities, and parking. B. Detention Facilities. 1. Characteristics: Detention Facilities are uses devoted to the judicially required detention, incarceration, or supervision of people. 29 Chapter 18.60 Use Categories "Other Use Categories" section has been eliminated so that all use categories fit within Civic, Commercial, or Industrial uses. 2. Accessory uses: Accessory uses include offices, recreational and health facilities. detention homes, and related post incarceration and half way houses. /1. Exceptions: Programs that provide care and training or treatment for psychiatric, alcohol, or drug problems, where patients are residents of the program, but where patients are not supervised by public safety personnel, are classified as Residential Use or Medical Center. C. Heliports. 1. Characteristics: Heliports arc public or private facilities designed for tho landing, departure, storage, and fueling of helicopters. - - : A - e - - - - • - - - and fueling facilities. D. Mining. 2. Accessory uses: Accessory uses may include office, parking, storage, sorting, 3. Examples: Examples include dredging or mining for sand or gravel, quarrying, and oil, gas, or geothermal drilling. E. Transportation/Utility Corridors. 1. Characteristics: Transportation/Utility Corridors are regional corridors in public lines; multi use trails; above grade or underground power or communication lines; water, sewer, and storm sewer lines; or similar services. 2. Accessory uses: Accessory uses commonly found include trailhead 3. Examples: Examples include rail trunk and feeder lines; multi use trails; . Exceptions: 30 Chapter 18.60 Use Categories a. Railroad I d and spur lines for delivery of rail cars to sites or for unloading of rail cars on specific sites are classified as accec'sory to the primary use of the site. b. Transportation/Utility Corridors contained within motor vehicle rights of way are not included c. Does not include Railroad Yards. 1. Characteristics: Wireless Communication Facilities includes all devices, electromagnetic radiation to produce a discrete wireless signal or message. Towers may be self supporting, guyed, or mounted on poles or buildings. equipment structures. 3. Examples: Examples include television and AM/FM radio transmission towers, microwave relay stations, and cellular communications equipment. . Exceptions: a Docs not include transmission facilities that are part of the public safety network, which are classified as Basic Utilities or Emergency Services. b. Does not include amateur (ham) radio antennas or towers. c. Does not include radio and television studios, which are classified as Office. 31 Chapter 18.60 Use Categories Chapter 18.120 COMMERCIAL ZONES 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, and employment opportunities 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 or biking distance of their homes; B. Ensuring that a full range of economic activities and job opportunities are available throughout the city; and C. Prioritizing sustainability and resilience by reducing distance between services, employment, and residences and by incentivizin_q sustainable development. Minimizing the potential adverse impacts of commercial uses on commercial zone. 18.120.020 List of Base Zones A. C N: Neighborhood Commercial zone. The C N zonc is dcsigncd to provide that can be sustained in a limited trade area. Such uses include convenience markets, .. _ . uses with drive through services, are allowed conditionally. B. C C: Community Commercial zone. The C C zone is designed to provide —.ease eee1 . _r _ • ... a _ ... _ a• _ typically range in size from 30,000 100,000 square feet on sites ranging from 2 to 8 a- .. _ .. services, are allowed conditionally. 1 Chapter 18.120 Commercial Zone Use Standards Purpose statements updated to reflect updated policies set through the Tigard MADE project. Commercial zones consolidated for simplicity. GA. C-G: General Commercial COM: Commercial zone. The G-G COM 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 •_ - -e- e _ - , - __ _ e. _ •• _ e -e 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 example convenience retail, personal services, and restaurantcOn-clese proximity to institutions, and utilities are allowed conditionally. Developments in the C P zone arc intended to serve as a buffer between residential areas and more intensive commercial and industrial areas. EB. 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. FC. MUE: Mixed-Use Employment zone. The MUE zone is designed to accommodate a wide range of small- to medium-format employment uses, including commercial and low-impact industrial uses. Residential uses are allowed only where employment activity is a primary use. uses including major apartments. G. MUE 1 and MUE 2: Mixed Use Employment 1 and 2 zone. The MUE 1 and 2 support uses are allowed but are limited, and residential uses are allowed that are _ •.. _. . . - __. .. _. - .._ . . . .- . . .. . . - - L A • - • - - - HD. MUC: Mixed-Use Commercial zone. The MUC zone is designed to allow a range of commercial activity, mixed-use development, and standalone residential uses. It is intended to encourage pedestrian activity, attractive transit options, and urban gathering spaces. 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 . . under, behind, or to the sides of buildings. 2 Chapter 18.120 Commercial Zone Use Standards I. MUC 1: Mixed Use Commercial 1 zone. The MUC 1 zone, which is designed to apply to that portion of Bridgcport Village (formerly known as the Durham Quarry site) within the City of Tigard, is a mixed use commercial zone bounded by 72ad Avenue, Findlay Street, and the Tigard, Tualatin and Durham city limits. This site is the subject of 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 JE. MUR-1 and MUR 2: Mixed-Use Residential 1-and 2 zone. The MUR-1 and MUR- 2 zones are is designed for to apply to predominantly residential areas where mixed- uses are allowed when compatible with supportive of the residential use. A high density (MUR 1) and moderate density (MUR 2) designation is available within tho MUR zone. 14F. TMU: Triangle Mixed-Use zone. -- k,4 _ e•- . :: - _ --e . -e .. . . • - .e. and Interstate 5. The TMU zone is intended to be an active, urban, multimodal, and mixed-use district that accommodates a variety of housing options and uses, promotes pedestrian-oriented development, and limits new auto-oriented development. 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 MU-CBD zone, which are provided in Chapter 18.650, Tigard Downtown Plan District; in the TMU zone, which are provided in Chapter , Tigard Triangle Plan District; and in the Washington Square Regional Center Plan District, which are provided in Chapter 18.670, Washington Square Regional Center 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 subject to allowed provided they are in compliance with special requirements, exceptions, or restrictions provided in Subsections 18.120.030.D-G. Use restrictions maybe modified through an adjustment application as provided in Chapter 18.715, Adjustments or Chapter 18.770, Planned Developments. 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. 3 Chapter 18.120 Commercial Zone Use Standards 4. Prohibited (P). Uses that are not allowed under any circumstance. B. Additional standards or restrictions may apply in plan districts. 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 residcntial componcnt are located in Chapter 18.320, Commercial Zone Development Standards, and the applicable plan district chapter, if any. Table 18.120.1 Commercial Zone Use Standards Use Categories COM MUC MUE MUR Residential Use Category Residential Use R A R A Civic Use Categories Basic Utility R/C R/C R/C R/C Cemetery P P P P Detention Facility P P P P Government Services A A A A Railroad Yard P P P P School or Religious Facility C C C C Temporary Shelter C C C C Transportation and Utility A A A A Corridor Wireless Communications R R R R Facility Commercial Use Categories Adult Entertainment C P P P Commercial Lodging A A A A Indoor Sales and Services R R R R Major Event Entertainment A C P P Mobility Hub A R R C Motor Vehicle Fuel Sales A P P P 4 Chapter 18.120 Commercial Zone Use Standards All uses listed as "R" in the table include descriptions of their restrictions after the table. Residential allowed as mixed-use development or standalone residential development in the MUC and MUR zones; allowed as mixed-use development in the COM zone; allowed as mixed-use development with at least 30 percent employment uses in the MUE zone. Schools and religious facilities continue to be conditionally allowed in commercial zones. Indoor Sales and Services allowed in all commercial zones with the following restrictions: Outdoor animal kennels prohibited in all zones, commercial limited to 30,000 square feet in the MUC and MUE zones, and commercial allowed only as part of mixed-use development in the MUR zone. Table 18.120.1 Commercial Zone Use Standards Use Categories COM MUC MUE MUR Motor Vehicle Sales and A R R P Rental Motor Vehicle Servicing A R R P Non-Accessory Parking R R R P Office A _ A A _ R Outdoor Sales and Services A P P P Self-Service Storage R P P P Industrial Use Categories Industrial and Manufacturing R R R P Off-Site Services R P R P Warehouse and Distribution P P A/R P Waste-Related Facility P P P P Wholesale and Equipment R P A/R P Rental Table 18.120.1 MLL MUCM-U-R G- -- �/++- ��traM U-- € tr 1J-se-Categories Cateerories N trC-G it 11F1VE - 11F1Utr 4P 4 4A ^„d Eli Ili [21 2 2 Residential I Ise Category Residential Use P R R P A A A A A A {3} {3} {374} Basic Utilities [5} ASG NG ASG ASC NSG NSG NC NC NC NC Colleges PPPPA 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 AA A AA A A A ANG {6} 5 Chapter 18.120 Commercial Zone Use Standards Mobility hub allowed, conditionally allowed, or allowed up to ten charging stations in all commercial zones. Motor vehicle sales allowed in the COM zone, limited to 25,000 square feet with all inventory inside a building in the MUC and MUE zones. Motor vehicle servicing allowed in the COM zone, limited to 25,000 square feet and required to be within a building in the MUC zone, required to be within a building in the MUE zone. Office allowed in all commercial zones. Outdoor sales and services allowed only in the COM zone. Self-service storage only allowed in a mixed-use development with other active uses. Industrial and Manufacturing newly allowed in all commercial zones except MUR with all activity required to be in a building. Off-Site Services newly allowed up to 20,000 square feet with 20 vehicles parked overnight in the COM and MUE zones. Prohibited in the MUR zone. Warehouse and Distribution prohibited in the COM, MUC, and MUR zones. In the MUE zone, it has different restrictions depending on its location according to Map 18.120.A. Wholesale and Equipment Rental restricted to 20,000 square feet in the COM zone. In the MUE zone, it has different restrictions depending on its location according to Map 18.120.A. Table 18.120.1 G- G- M d € M-U-R N C CBD LI-se-Categories M-U-E i1F1-U C- M-U-G 1-- A ^Nd N {2} a2 2 ••- _-• A A A A A A A A A P Medical Centers GGGGG C C GGG Postal Service A A A A A A A A A P Religious A A A A A A A A A C Institutions Schools PPPP A C C GC C Social/Fraternal A A A A A A A A A C Clubs/Lodga: T Shelter PP C PG P C C C C Commercial-Use Ice paten ories Adult Entertainment PIP C P P P P C P P Animal Related PPPPP A A PPP Commercial Bulk Sales PP A P A/P A R [8} R [9} R [9} P {7} PPAAAA A A A P Custom Arts and RR PPR P P PPP Crafts f1-9l {1-9} {1-0} Eating and Drinking A A A R A A A A A R41-2-1 Establishments _ [11} Indoor A A A A A A A A A P Entertainment Major Event PP GPG P C GP P Entertainment Motor Vehicle P P A/C P A/P P P R R P Sales/Rental [1 3} {7} {14} {14} Motor Vehicle GC A P C Rte} Rte} P P P Servicing/Repair [46] {1--8-} [15} Non Accessory GGA AA A A A A P Parking Office A A A A A A A A A R Outdoor PP A AG P P GP P Entertainment Outdoor Sales PPAPPP P PP P _ Personal Services A A A A A A R [8} A R-[91 R [12} 6 Chapter 18.120 Commercial Zone Use Standards Table 18.120.1 G- G- M U- € M-U-R ce Gatenoriec N C CB-D_ I IAA G t N I {2} 2 2 Repair Oriented A A A A A A R [81 R [9] R-[91 P Retail Sales Oriented A A A R A/R A/R R [81 A R [9} R-[--1-2-1 Retail [11} [17] {1-8 Self Service PP GP /VP P P PP P Storage [7} Vehicle Fuel Sales GC C P A/P P G CCP [7} Industrial Use Categories General Industrial PP P PP P P P P P Heavy Industrial PPPPP P P PP P Industrial Services PP P PP P P P P P Light Industrial PP PPP R P PR P [15} [15] Railroad Yards PPPPP P P PP P Research and PP P PG R R PRP Development [14} 041 {15} Warehouse/Freight PP P PP R P P R P Movement [14} [14, 15} Waste Related PPPPP P P PP P Wholesale and PPPPP P P PR P Equipment Rental [14, 15} Other-Use vzrrcr�.�c - - - - - - - - - - Categories Cemeteries PPPPP P P PP P Detention Facilities PP CPC P P P P P Heliports PPCCPP P PP P Mining PPPPP P P PP P Transportation/Utility A A A A A A A A A A Corridors Wireless A/R A/R A/R A/R A/R A/R A/R A/R A/R A/R Communication Facilities [19} Chapter 18.120 Commercial Zone Use Standards A=Allowed R=Restricted C=Conditional Use P=Prohibited • h [2] Uses with drive through services that were lawfully in existence prior to the kA ! ■ _ e. A - - e - - . - - prohibited. - - - - •• - development where the first story contains an allowed commercial use. {1] Small form residential development 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 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. • • _1 IIS e .. - -- tenant. • . . •.• . _. . . .. :9,U! - -- - - proposed after the adoption of the MUC, MUE 1, and MUE 2 zones. - . . . .. '.- ' e e . - -- e- tenant. [11] The maximum allowed combined area of sales oriented retail and eating and on the premises. 50% of the total gross floor area within the mixed use development only when minimum _ . - _ _ .._ • _ _ . .. _ „ . • properties, may develop as a single use commercial development. The tax assessor map numbers for exempt properties are as follows: 1S135AA 00400, 1S135AA 01400, 1S135AA 01900, 1S135AA 01901, 1 S 135DA 02000, 1S135AA 02500, 1S135AA 02600, 1S135AA-02700, 1 S 135DA-01900, and 1 S 1 DA-02000. 8 Chapter 18.120 Commercial Zone Use Standards 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. - _. ala - -- - in all MU CBD subareas except the 99W Hall subarea as shown on Map 18.650.A. • .- . •-• . e Ake e e .. 9,191 - -- e- -- - • - - • . . A - - • • - allowcd and restricted facilities. D. COM zone use restrictions. 1. Residential Use. Any combination of residential and nonresidential uses proposed for the same site and not contained in a mixed-use development requires planned development review. 2. Basic Utility. a. This use is conditionally allowed. b. Data centers are conditionally allowed only on or above the second story of a mixed-use development. 3. Wireless Communications Facility. See Chapter 18.450, Wireless Communication Facilities, for allowed and restricted facilities. 4. Indoor Sales and Services. Outdoor animal kennels are prohibited. All animal kennels associated with breeding, boarding, or sales must be contained completely within a building. 5. Non-Accessory Parking. This use is allowed only as structured parking with at least two floors of parking. 9 Chapter 18.120 Commercial Zone Use Standards 6. Self-Service Storage. This use is allowed only on or above the second story of a mixed-use development. 7. Industrial and Manufacturing. All inventory and materials, except parking, must be contained completely within a building. 8. Off-Site Services. a. The maximum gross floor area is 20,000 square feet per tenant. b. A maximum of 20 vehicles may be parked overnight on-site. c. All inventory and materials, exceptfiarkin_gLmust be contained completely within a building. 9. Wholesale and Equipment Rental. a. The maximum gross floor area is 20,000 square feet per tenant. b. All inventory and materials, except parking, must be contained completely within a building. E. MUC zone use restrictions. 1. Basic Utility. a. This use is conditionally allowed. b. Data centers are conditionally allowed only on or above the second story of a mixed-use development. 2. Wireless Communications Facility. See Chapter 18.450, Wireless Communication Facilities, for allowed and restricted facilities. 3. Indoor Sales and Services. a. The maximum gross floor area is 30,000 square feet per tenant. b. All inventory and materials, except parking, must be contained completely within a building. c. Outdoor animal kennels are prohibited. All animal kennels associated with breeding, boarding, or sales must be contained completely within a building. d. Uses with drive-through services is prohibited. e. Uses in a campus are conditionally allowed. 4. Mobility Hub. A maximum of ten car charging stations is allowed per hub. 5. Motor Vehicle Sales and Rental. a. The maximum gross floor area is 25,000 square feet per tenant. b. All activities and storage, including any vehicle inventory, must be contained completely within a building. 10 Chapter 18.120 Commercial Zone Use Standards 6. Motor Vehicle Servicing. a. The maximum gross floor area is 25,000 square feet per tenant. b. All inventory and materials, except parking, must be contained completely within a building. c. Drive-through services are prohibited. 7. Non-Accessory Parking. This use is allowed only as structured parking with at least two floors of parking. 8. Industrial and Manufacturing. All inventory and materials, except parking, must be contained completely within a building. F. MUE zone use restrictions. 1. Residential Use. a. Any combination of residential and nonresidential use proposed for the same site and not contained in a mixed-use development requires planned development review. b. Allowed civic, allowed commercial, or restricted industrial uses must make up at least 30 percent of the gross floor area. 2. Basic Utility. a. This use is conditionally allowed. b. Data centers are conditionally allowed only on or above the second story of a mixed-use development. 3. Wireless Communications Facility. See Chapter 18.450, Wireless Communication Facilities, for allowed and restricted facilities. 4. Indoor Sales and Services. a. The maximum gross floor area is 30,000 square feet per tenant. b. All inventory and materials, except parking, must be contained completely within a building. c. Outdoor animal kennels are prohibited. All animal kennels associated with breeding, boarding, or sales must be contained completely within a building. d. Uses with drive-through services are prohibited. e. Uses in a campus are conditionally allowed. 5. Mobility Hub. A maximum of ten car charging stations is allowed per hub. 6. Motor Vehicle Sales and Rental. a. The maximum gross floor area is 25,000 square feet per tenant. b. All activities and storage, including any vehicle inventory, must be contained completely within a building. 11 Chapter 18.120 Commercial Zone Use Standards 7. Motor Vehicle Servicing. All activities and storage, including any vehicle inventory, must be contained completely within a building. 8. Non-Accessory Parking. This use is allowed only as structured parking with at least two floors of parking. 9. Industrial and Manufacturing. All inventory and materials, except parking, must be contained completely within a building. 10. Off-Site Services. a. The maximum gross floor area is 20,000 square feet per tenant. b. A maximum of 20 vehicles maybe parked overnight on-site. c. All inventory and materials, except parking, must be contained completely within a building. 11. Warehouse and Distribution. a. This use is allowed when providing off-site storage and distribution support to an existing manufacturing use located in Tigard. b. Activities that are accessory to an allowed primary use are allowed. c. Properties shown in the Warehouse and Wholesale Area of Additional Flexibility on Map 18.120.A are also allowed a maximum of 30,000 gross square feet per tenant space. The following buildings are exempt from this limit: i. Oregon Business Park 1 Buildings 10 (16600-40 SW 72nd Ave) and 12 (16650-98 SW 72nd Ave). ii. Oregon Business Park 3 Buildings D (7342-7380 SW Kable Lane), I (15605-705 SW 72nd Ave), and G (7319 SW Kable Lane). 12. Wholesale and Equipment Rental. a. All inventory and materials, except parking, must be contained completely within a building. b. The maximum gross floor area is 20,000 square feet per tenant for properties located outside the Warehouse and Wholesale Area of Additional Flexibility as shown on Map 18.120.A. c. The maximum gross floor area is 35,000 square feet per tenant space for properties located within the Warehouse and Wholesale Area of Additional Flexibility as shown on Map 18.120.A. The following buildings are exempt from this limit: i. Oregon Business Park 1 Buildings 10 (16600-40 SW 72nd Ave) and 12 (16650-98 SW 72nd Ave). ii. Oregon Business Park 3 Buildings D (7342-7380 SW Kable Lane), I (15605-705 SW 72nd Ave), and G (7319 SW Kable Lane). Map 18.120.A 12 Chapter 18.120 Commercial Zone Use Standards Additional flexibility for Warehouse and Distribution and Wholesale and Equipment Rental Uses in the area identified on Map 18.120.A, due to location near regional transportation networks. Five purpose-built buildings are exempt from restrictions. _--"'"911 9 1 I �- ii NWarehouse and er , 1'- Wholesale Flex Area // ./ Nb —■ �� Warehouse and Wholesale Area / _ Lof Additional Flexibility -R `- I 0 City of Tigard Boundary 11117lPR – ■ aim.76-N 1111 im NM 1111 / 11 IIEI1111 nedii r Aft 1 n 0limm 111 rIMEI 1:= �= 111 miilwlllliw cy•JN oe- iM=mIIA IMnEE MmEBg riol IAP . =I 111111 ■ usimf MenIA ,,v< MI fah'" a. iM 1111111 ooa�s amp11111A�1A. ,„.. _, co,, ■ Num �IIIIIIum ,.e ■• 11111111111111 ■i11111 mi ■ ■_h:f:1111PI! 1111111111111111 imp a m II g =IIC11111E1111 MP' JL� yogMRD { 4 ,..-- /...,,, le /,,P._..,,,ii m -0” Mph .iffi llll o MEMIll �' EMM CflAM �� Injil1 im1I11111 II ■ tel/----- mow -- — H. MUR zone use restrictions. 1. Basic Utility. a. This use is conditionally allowed. b. Data centers are conditionally allowed only on or above the second story of a mixed-use development. 2. Wireless Communications Facility. See Chapter 18.450, Wireless Communication Facilities, for allowed and restricted facilities. 13 Chapter 18.120 Commercial Zone Use Standards 3. Indoor Sales and Services. This use is allowed only as part of a mixed- use development. 4. Office. This use is allowed only as part of a mixed-use development. 18.120.040 Housing Types A. A housing type is not a use category. It describes a type of development that contains a Residential Use. B. A list of allowed, limited, and prohibited housing tyles in commercial zones is provided in Table 18.120.2. The terms and abbreviations in Table 18.120.2 are as follows: 1. Yes, allowed(Y). Housing types that are allowed. 2. No, prohibited (N). Housing types that are not allowed under any circumstance. C. All housing types are subject to the standards and provisions of the applicable development standards chapter or applicable plan district chapter, if any. The applicable chapter for each housing type is provided in Table 18.120.2. D. All allowed housing types may be built on site or manufactured off site. Table 18.120.2 Commercial Zone Housing Types Housing Types Applicable COM MUC MUE MUR Chapter Accessory 18.220 N N N Y Dwelling Units _ Apartments 18.230 N _ Y N Y Cottage Clusters 18.240 N _ N N Y Courtyard Units 18.250 N _ N N Y Mobile Home 18.260 N N N N Parks Quads 18.270 N N N Y Rowhouses 18.280 N Y N Y Small Form 18.290 N N N Y Residential 14 Chapter 18.120 Commercial Zone Use Standards Table 18.120.2 Commercial Zone Housin• T •es Housing Types Applicable COM MUC MUE MUR Chapter Mixed-Use 18.320 Y Y Y Y Development Y=Yes, Allowed L=Limited N=No, Prohibited 18.120.010 Land Use Restrictions - - - - - • - e e - - • 1. Parking and loading areas; 2. Day care outdoor play areas; Establishment or Sales Oriented Retail use; or /1. Sale, display, or storage of horticultural and food merchandise where limited to allowed conditionally. - _ • . _. . . . ee e 99 - -- or tenant except for the following uses: 1. Sales Oriented Retail uses primarily involved in the sale of food and Al III e . . - -- building or tenant; and of 10,000 square feet per building or tenant. (Ord. 18 28 §1) 18.120.050 Housing Types _ __ . contain a Residential Use. 15 Chapter 18.120 Commercial Zone Use Standards Residential allowed as mixed-use development in all commercial zones. 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 abbreviations used arc defined as follows: 1. Yes, allowed (Y). Housing types that are allowed. allowed subject to specific limitations. - -. circumstance. plan district chapter, if any. The applicable development standards chapter for each -- • - -- -- - - -- . . . - D. All allowed housing types may be built on site or brought to the site as a manufactured home. Table 18.120.2 Commercial Zone Housing Types nn/A�'' '' iYl MU Housing Tvnes MU- tW - tYIR C-BD € C I a-nd 1 and 2 2 Accessory Dwelling N N N N L[11 L[11 L[11 Units (18.220) Apartments (18.230) N Y Y Y Y Y Y Cottage Clusters N N N N N N Y {18.2'10) Courtyard Units (18.250) N N N N N N Y Mobile Home Parks N L[2} N Y L[3} L[31 L[3} (18.260) Quads (18.270) N N N N N N Y Rowhouses (18.280) N Y L[51 Y L[3} L[31 Y Small Form Residential L[4} N L[5} N L[3} L[3} L[3} {18.290) Y-Yes, Allowed L-Limited, See Footnotes N-No, Prohibited {1] Accessory dwelling units are only allowed on sites with pre existing small form residential development. 16 Chapter 18.120 Commercial Zone Use Standards [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, small form residential, and rowhouses that were lawfully in cxistcncc prior to the adoption of the Washington Square Regional Center Plan District arc allowcd. Convcrsion of prc cxisting mobile home parks, small form residential, or Chapter , Washington Square Regional Center Plan District. {1] Small form residential development is allowed where it is located on the same site superintendent of the allowed or conditional use. [5] Pre existing small form residential and rowhouses are allowed. All new small form residential and rowhouses are prohibited. 17 Chapter 18.120 Commercial Zone Use Standards Chapter 18.130 INDUSTRIAL ZONES 18.130.010 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 economic activities and job opportunities are available throughout the city; an8 B. Promoting the efficient use of the city's limited industrial land supply by preserving industrial land for job-dense industries; and C. Promoting more carbon responsible development by reducing the distance between services, employment, and residences. B. Minimizing the potential adverse impacts of industrial uses on nonindustrial uscs 18.130.020 Base Zone A. I P: Industrial Park zone. The I P zone provides appropriate locations for combining personal services, and fitncss ccntcrs, in a campus like setting with no nuisance characteristics such as noise, glare, odor, or vibration. B. I L: Light Industrial zo he4-L zone provides appropriate locations for general odor, or vibration. C. I H: Heavy Industrial zone. The I H zone provides appropriate locations for research and development, warehousing and freight movement, railroad yards, waste- those that involve the use of raw materials, require significant outdoor storage, or generate heavy truck or rail traffic. (Ord. 18 28 §1; Ord. 18 23 §2; Ord. 17 22 §2) The IND zone prioritizes manufacturing uses, with limited motor vehicle servicing, off-site services, warehouse and distribution, and wholesale and equipment rental uses. Some civic uses are also allowed. Uses in this zone are intended to foster job density, accessible career pathways, and living wage jobs. Industrial uses may have some off-site impacts including noise and odor. 1 Chapter 18.130 Industrial Zone Use Standards Purpose statements updated to reflect updated policies set through the Tigard MADE project. Industrial zones consolidated for simplicity. 18.130.030 Land Use Standards A. General Provisions. A list of allowed, restricted, conditional, and prohibited uses in the IND zone is provided in Table 18.130.1. 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 e- -e .' •• , - -e _ • , e - _ . Uses that are subject to special requirements, exceptions, or restrictions as provided in Subsection 18.130.030.C. 3. Conditional (C). Uses that require the approval of the Hearings Officer using discretionary criteria. The approval process and criteria are provided in Chapter 1R pan, Conditional Uses. 4. Prohibited (P). Uses that are not allowed under any circumstance. B. Use restrictions. Day care and commercial lodging uses are subject to additional land use restrictions in Section 3.130.O'i - GB. Development standards. The standards for nonresidential development in industrial zones are located in Chapter 18.330, Industrial Zone Development Standards, and the applicable plan district chapter, if any. Table 18.130.1 Industrial Zone Use Standards Use Categories t-P WIND Residential Use Category Residential Use {1-] R R I RP Civic I Institutional Use Categories Basic Utility Utilities G[2J G[2J AR/C Colleges P P P Community Services [31 G G G Cultural Institutions P P P Day Care ['l} R R R Cemetery _P Detention Facility _P Emergency Services A A A Government Services Railroad Yard P 1 School or Religious Facility I P 2 Chapter 18.130 Industrial Zone Use Standards Residential uses prohibited in the industrial zone. Existing regulations allow a caretaker unit to be located on site but this provision is rarely used, particularly in industrial zones. Uses other than Motor Vehicle Servicing, Industrial and Manufacturing, Off- Site Services, and Wholesale and Equipment Rental are not allowed or are conditionally allowed. Restrictions in the industrial zone protect industrial land for high-job-density uses. Warehouse and Distribution is not allowed except through an adjustment application, which may demonstrate that a proposed business provides more on-site jobs than is typical for the industry. Table 18.130.1 Industrial Zone Use Standards Use Categories 1-P 1 WIND Medical Centers P P P Postal Service A A A Religious Institutions P P P Schools P P P -- - ' - - - - --- P P P Temporary Shelter P P P Transportation and Utility Corridor A Wireless Communications Facility R 1 Commercial Use Categories Adult Entertainment P P P Animal Related Commercial A A A Bulk Sales R [5][6} P P Commercial Lodging R7} P P Custom Arts and Crafts P P P - - - . ., - - - -•-- R [8} P P Indoor Entertainment A P P Indoor Sales and Services R Major Event Entertainment P P I P Mobility Hub I P Motor Vehicle Fuel Sales I P Motor Vehicle Sales and/Rental R [5][9][10} A AP Motor Vehicle Servicing Servicing/Repair C A A Non-Accessory Parking A A AP Office A P P Outdoor Sales and Services P Outdoor Entertainment A P P Outdoor Sales P A A Personal Services R [8} P P Repair Oriented Retail A P P Sales Oriented Retail R [8] P P Self-Service Storage A A AP Vehicle Fuel Sales A A/C [11] A Industrial Use Categories General Industrial P A A Heavy Industrial P P A Industrial Services Rte} A A Light Industrial A A A Railroad Yards P P A Research and Development A A A 3 Chapter 18.130 Industrial Zone Use Standards Table 18.130.1 Industrial Zone Use Standards Use Categories I-P 141-IND Industrial and Manufacturin• A Off-Site Services _R Warehouse and Distribution /Freight P A AR Movement Waste-Related Facility P P AR Wholesale and Equipment Rental R-[5} A AR Other Use Categories Cemeteries P C P Detention Facilities L,` P C Heliports Mining P P A A/R [12] A A Transportation/Utility Corridors A A A A=Allowed R=Restricted C=Conditional Use P=Prohibited [1] A single detached house is allowed where it is located on the same site as the allowed use and is occupied exclusively by the caretaker, or kennel owner or operator, and family. 1 . - - - --- -- a -- --- public and private utility facilities not proposed with development are allowed conditionally. [3] Limited to outdoor recreation on: (1) land classified as special flood hazard area, located outside the special flood hazard area, when the recreational use is temporary and docs not otherwise preclude allowed or conditional uses. [4] Family day care is allowed. Other day care uses are subject to additional land use restrictions in Subsection 18.130.040.A. [5] All use activities must be contained inside a structure except for employee and customer parking. [6] Bulk Sales are only allowed in the I P zone ast of SW 72nd Avenue. The . • _l Ill . - -- [7] See Subsection 18.130.040.6 for additional land use restrictions. 4 Chapter 18.130 Industrial Zone Use Standards [8] The maximum allowed gross floor arca-of thesc .,es--cit-hgr .ep combination, is 20% of the entire development complex. The maximum allowed gross •11,999 e .. - -- [9] The maximum allowed gross floor area of these uses, either separately or in combination, is 10,000 square feet per lot. [10] Only boat sales or rental is allowed. case it is allowed conditionally. allowed and restricted facilities in the I P zone. {Ord. 22 09 §2; Ord. 20 01 §1; Ord. 18 28 §1; Ord. 18 23 §2; Ord. 17 22 §2) C. IND zone use restrictions. 1. Basic Utility. a. This use is conditionally allowed. b. Data centers are conditionally allowed only on or above the second story of a vertical mixed-use building. 2. Wireless Communications Facility. See Chapter 18.450, Wireless Communication Facilities, for allowed and restricted facilities. 3. Indoor Sales and Services. a. A maximum of one establishment with a maximum gross floor area of 5,000 square feet is allowed per lot. b. Uses with drive-through services are prohibited. c. All animal kennels associated with breeding, boarding, or sales must be contained completely within a building. 4. Off-Site Services. a. The maximum allowed gross floor area is 20,000 square feet per tenant. b. A maximum of 20 vehicles may be parked overnight on-site. c. All inventory and materials, except parking, must be contained completely within a building. 5. Waste-Related Facility. This use is allowed only as an accessory use to allowed or restricted industrial uses. 5 Chapter 18.130 Industrial Zone Use Standards 6. Warehouse and Distribution. This use is only allowed through the adjustment process as provided in Section 18.715.050.8. 7. Wholesale and Equipment Rental. a. The maximum allowed_gross floor area is 20,000 square feet per tenant. b. All inventory and materials, except parking, must be contained completely within a building. 1 . • _ r - A. Day care uses. The following standards apply to all day care facilities in industrial 1. The applicant must prepare an environmental impact assessment that documents noise, visible emissions, vibration, odor, glare, and heat from uses 2. The State of Oregon Child Care Division Certification Section must be notified submitted generally address the permitting requirements. 3. Prior to occupancy of the proposed day care, evidence of certification through the State of Oregon Child Care Division must be provided to the city. B. Commercial lodging uses. The following standards apply to all commercial lodging uses in the I P zone: 1 . The site must be a minimum of two acres and a maximum of five acres. businesses. - - - - - - - -- - commercial lodging development, provided they comprise no more than 20% of • - 6 Chapter 18.130 Industrial Zone Use Standards Chapter 18.230 APARTMENTS 18.230.010 Purpose Apartments are a type of attached housing within single-story or multi-story buildings. Apartment dwelling units may share common side walls, ceilings, or floors. The purpose of this chapter is to provide standards that promote quality development and enhance the livability, walkability, and safety of the community. Apartment development is intended to achieve the following: A. Increase the number of affordable dwelling units; B. Provide for a variety of housing types that meet the needs of Tigard's diverse population at all stages of life; C. Facilitate the efficient use of land through higher-density attached housing; and D. Support and complement transit services by providing ridership density and proximity. 18.230.020 Applicability A. The standards of this chapter apply to apartment development in the RES-D, RES- E, MUC, MUE, MUE 1, MUE 2, MUR 1, and MUR-ozones. Additional standards apply in the River Terrace Plan District as provided in Chapter , River Terrace Plan District. An applicant may elect to apply the approval process and standards of this chapter or of Chapter , Rowhouses, when proposing rowhouse development. B. The standards of this chapter also apply to nonconforming apartment development in the RES-A through RES-C zones. In lieu of specific base zone standards, apartment development in these zones is subject to the RES-D zone standards. C. Apartment development in the MUC 1 zone is subject to the standards of Chapter 18.62( , Bridgeport Village Plan District. C. This chapter does not apply to the following: 1. Apartment development in the Bridgeport Village Plan District is subject to the standards of Chapter 18.620, Bridgeport Village Plan District. 2. Apartment development in the MU-CBD zone is subject to the approval processes and standards of Chapter 4R A5n, Tigard Downtown Plan District. 3. Apartment development in the TMU zone is subject to the approval processes and standards of Chapter 18.660L Tigard Triangle Plan District. 1 Chapter 18.230 Apartments D. This chapter-does not apply to apartment development in the MU CBD and TMU standards of Chapter 18.650, Tigard Downtown Plan District, and Chapter 18.660, Tigard Triangle Plan District, respectively. 18.230.030 Application Type Apartment development requires a site development review application. 18.230.040 Development Standards A. Base zone development standards are provided in Table 18.230.1. Table 18.230.1 MU-S-_ _ Standard RES-D RES-E MLLE anMU-R4U nn i Minimum Setbacks (ft) Front 20 20 20 1-0 None None Street side 20 20 20 1-0 5 None 10 1-0-[41 1-0-[4] 0 or 20 0 or 20 0 or 20 [2} {z} {i} Rear 20 2-0-[1] 20-[1] 0 or 20 0 or 20 0 or 20 [2} {2} {2} Maximum Setbacks (ft) Front None None None 20 20 20 Street side None None None 20 20 20 Minimum Height None None None None 2 2 stories stories Maximum Height 35 45 /15 6-0 75 200 (ft) Maximum Lot 80% 80% 80% 80% 80% 85% Coverage Minimum 20% 20% 20% 20% 20% Landscape Area Minimum Density 11 units 23 units None 25 units 50 units 50 units per per-acre per-acre peg-acre per-aere acre Maximum Density 14 units 30 units 25 units 50 units None None per were per-aere per acre per acre 2 Chapter 18.230 Apartments Table 18.230.1 A•artment Develo•ment Standards Standard RES-D RES-E MUC MUR Minimum Setbacks (ft) - Front or street- 20 20 1 1 facing _ - Side or rear 10 10 adjacent to 0 0 nonresidential or - — RES-E zone - Side or rear adjacent 10 10111 to a RES-A—RES-D 0 20 zone Maximum Setbacks (ft) - Front or street- None None 12 12 facing Minimum Height (ft) r None None 12 12 Maximum Height (ft) 35 45 185 60 Maximum Lot 80% 80% None None Coverage Minimum Landscape 20% 20% None None Area Minimum Density 11 units 23 units per None None per acre acre Maximum Density 14 units 30 units per None None per acre acre [1] An additional one foot of setback is required for each foot of building height above the maximum building height of the adjacent residential zone. {2] Minimum side and rear setbacks are 0 feet, except the minimum side and rear setbacks are 20 feet where the site abuts a--RES--A through RES D zone. 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 , Landscaping and Screening. 1. The minimum landscape area standard is provided in Table 18.230.1 . Landscaping standards are provided in Section 18.420.040. Any landscape area that meets the L-2 standard and any required common open space area may count toward meeting the minimum landscape area standard. 3 Chapter 18.230 Apartments New standards for the MUC and MUR zones; RES-D and RES-E remain the same. Reduced setbacks, greater maximum height, and removal of lot coverage and density requirements allow for more dense development. 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 18.230.040.G. b. Apartments that abut a RES-A through RES-D zone must be screened to the S-3 standard along all property lines, except street property lines. c. Surface vehicle parking areas, loading areas, and drive aisles 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 3.420.060. C. Common e space. 1. Common open space is required. The minimum total area of required common open space is 10% of the gross site area or 750 square feet, whichever is greater. More than one common open space area may be provided to meet this standard, but any area used to meet this standard must be a minimum of 20 feet in width and depth, a. In the RES-D and RES-E zones, the minimum total area of required common space is 10% of the gross site area or 48 square feet per dwelling unit, whichever is greater. b. In the MUC and MUR zones, the minimum total area of required common space is 36 square feet per unit. c. Multiple common spaces may be provided to meet this standard, but any area used to meet this standard must be a minimum of 20 feet in width and depth. 2. Apartment developments with less than 20 dwelling units and apartment developments or mixed-use developments in the MUC or MUR zones must provide at least two different items from the list below within areas identified as common open space. Apartment developments with 20 or more dwelling units must provide at least four different items from the list below within areas identified as common open space. a. Playground equipment or play area for children, b. Sport court, 4 Chapter 18.230 Apartments Common space requirements reduced for mixed-use zones. Common space newly required for mixed-use development in the MUC and MUR zones. Not required for mixed-use development in the COM or MUE zones. c. Playing field, d. Lawn or garden, c. Covcrcd seating, f. Swimming pool or water feature, g. Plaza or courtyard with permanent seating, h. Gazebo, i. Club house, j. Workout room, or k. Other similar item as determined by the director. a. Playground equipment or nature play area for children, b. Lawn or garden area, which may include an above-ground vegetated stormwater facility, c. Roof-top or upper-story deck with a covered area that is a minimum of 15 feet in width and depth, d. Courtyard or covered patio, e. Swimming pool or water feature, f. Sport court or workout room, q. Library or office space, or h. Other similar item as determined by the Director. 3. At least 50% of the dwelling units in a development must face outdoor common open space or a public street. This standard is met when the front door or a window from the kitchen, living room, or dining room of a dwelling unit faces the outdoor common open space or a public street. 4. Building facades, including accessory structure facades, that face outdoor common open space must meet the 15% window area requirement in Subsection 18.230.050.B or be screened to the S-4 standard as provided in Table 18.420.2. 5 Chapter 18.230 Apartments A simplified and modernized list of example amenities. 5. Common open space may not be located in the front setback or include sensitive lands, except common space in a public access easement may be located within the front setback. 6. Outdoor common space that explicitly allows dogs must include an approved dog waste bag dispenser and trash receptacle. D. Private open outdoor space. 1. Private open outdoor space is required for each dwelling unit. Each private open outdoor space must be a minimum of 48 square feet in area and a minimum of five feet in width and depth. 2. Private open outdoor space must be directly accessible from the interior of the dwelling unit that it serves. 3. Additional common open space above the required minimum may substitute for some or all of the required private open outdoor space at a 1:1 ratio. E. Pedestrian access. 1. Paths must provide pedestrian access from public sidewalks abutting the site to all required building entrances on the site. 2. Paths must provide pedestrian access between all common open space areas, vehicle and bicycle parking areas, building entrances, and service areas designed for use by residents. Paths within parking areas or along drive aisles are subject to additional standards in Chapter 18.410, Off-Street Parking and Loading. 3. Paths must extend to the perimeter property line to provide pedestrian access to existing or planned pedestrian facilities on adjacent properties, such as trails or public access easements. 4. Paths must be constructed with a hard surface material and have a minimum unobstructed width of five feet. F. Vehicle and bicycle parking. 1. The applicable provisions and standards of Chapter 18.410, Off-Street Parking and Loading, apply to apartment developments. 2. Off-street surface vehicle parking areas, detached garages, and attached or detached carports may not be located closer to a street property line than the building closest to that street property line. 6 Chapter 18.230 Apartments 3. Off-street vehicle parking areas may not occupy more than 50% of the total length of each street frontage as measured 20 feet from the street property line. Drive aisles without adjacent parking spaces do not count as parking areas for the purposes of this standard. 4. Attached garages may be attached to any side of an apartment building. If attached to the street-facing facade, they may not be located closer to the street property line than the apartment building facade and the facade must include at least one entrance for each proposed garage that meets the standards of Subsection 18.230.050.A. Driveways associated with attached garages that take direct individual access from a public or private street must meet the rowhouse location and access standards in Paragraph 18.280.050.E.3 and Subparagraph 18.280.050.E.2.a. 5. A minimum of one bicycle parking space must be provided for every two dwelling units. Fractional parking space minima are rounded up to the nearest whole number. Apartment developments with 20 or more dwelling units must meet the following additional standards: a. All bicycle parking required by Paragraph 18.230.040.F.5 above must be provided inside a structure or under a roof. This bicycle parking is exempt from the location standards of Chapter 18.410, Off Street Parking and Loading, but may not be located inside individual dwelling units. b. Additional bicycle parking must be provided that is equal to or greater than 15% of the minimum parking requirement as provided in Paragraph 18.230.040.F.5 above. This additional bicycle parking must be provided within 20 feet of the street property line and be visible to pedestrians from the public sidewalk in front of the site. Bicycle parking may be located in the public right- of-way with approval of the City Engineer. G. Utilities and service areas. 1. Private utility facilities, such as transformers or control valves, that serve a single development must be located below ground or a minimum of 20 feet from any street property line or any property line adjacent to a residential zone if located above ground. unless the functional properties of the facility require above-ground placement. If located above ground, all facilities one cubic foot or greater in volume or with any one dimension gr to than two feet must meet the following standards where not wall or roof mounted or located inside a building: . . I -- ee ee-a . and reflective material. Chapter 18.230 Apartments Simplified utility screening requirements. 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 or any property line adjacent to a residential zone, except where located inside a building. H. Lighting. 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 Chapter 18.410, Off-Street Parking and Loading. 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 or sensitive lands boundary 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. The maximum illumination is zero footcandles at any sensitive lands boundary line. 3. Lighting must be shielded, with a cutoff angle of 90 degrees or greater to ensure that it does not shine upwards. Lighting sources, such as lamps and bulbs, may not be directly visible from adjacent properties or sensitive lands. I. Apartments are subject to all other applicable requirements of this title, including, but not limited to, standards related to streets, utilities, sensitive lands, and signs. 18.230.050 Design Standards A. Entrances. 1. For dwelling units with internal building access, a minimum of one entrance per building must be visible and accessible from a public or private street or outdoor common open space. Additional entrances may face drive aisles, parking areas, or service areas. 2. For dwelling units without internal building access, a minimum of one entrance per dwelling unit must be visible and accessible from a public or private street, outdoor common open space, or drive aisle that has a curb and path adjacent to the dwelling unit. 8 Chapter 18.230 Apartments 3. A required building entrance must be at an angle that is no more than 45 degrees from the street, common open space, or drive aisle that it faces. A required building entrance to an individual dwelling unit may exceed this standard where it opens onto a porch or stoop provided the angle is no more than 90 degrees from the street, common open space, or drive aisle that it faces. 4. 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 six feet above the top of the entrance, and a minimum of three feet in depth. The required weather protection may project into the minimum front setback. B. Windows. 1. All building facades that face a public or private street must include a minimum of 15% window area. 2. The minimum window area standard does not apply to stories with sloped roofs or dormers. C. Facade design. 1. All building facades that face a public or private street or outdoor common open space must include at least two different architectural features from the list provided below. An additional two different architectural features per facade are required on all buildings with 20 or more dwelling units. This standard may be met by including different architectural features on different facades of the same building. Buildings that do not include dwelling units are exempt from providing architectural features on facades that face outdoor common open space areas, but must provide at least two different architectural features on all street-facing facades. a. Facade articulation. A wall projection or recession that is a minimum of six feet in width and two feet in depth for a minimum of half the height of the facade and with a maximum distance of 40 feet between projections or recessions. b. Roof eave or projecting cornice. i. An eave that projects a minimum of 12 inches from the building facade; or ii. A cornice that projects a minimum of six inches from the building facade and is a minimum of 12 inches in height. 9 Chapter 18.230 Apartments c. Roof offsets or dormers. i. A roof offset that is a minimum of two feet from the top surface of one roof to the top surface of another roof as measured horizontally or vertically with a maximum distance of 40 feet between offsets. See Figure 18.230.1; or ii. One dormer for each top-story dwelling unit that is a minimum of four feet in width and integrated into the roof form. Figure 18.230.1 Roof Offset y\isik.„..\ A 2'•ny rn.•roof•offset1j \ V d. Accent siding. A minimum of two different siding materials are used, and one siding material covers a minimum of 40% of the building facade. e. Distinct base and top. The first story is visually distinguished from the upper stories by including a belt course and at least one of the following: i. a change in surface or siding pattern; ii. a change in surface or siding material; or iii. a change in the size or orientation of windows. f. Window area. A minimum of 50% window area is included. g. Window shadowing. All windows include at least one of the following: 10 Chapter 18.230 Apartments i. Window trim that is a minimum of 2.5 inches in width and 0.625 inches in depth; or ii. Windows that are recessed a minimum of three inches from the building facade. h. Balconies. Balconies are included on all upper stories that meet the dimensional requirement for private open outdoor space provided in Subsection 18.230.040.D. i. Covered porches or recessed entrances. All first-story dwelling units with individual entrances include at least one of the following: i. A covered porch that is a minimum of five feet in width and depth; or ii. An entrance area that is a minimum of five feet in width and recessed a minimum of two feet from the building facade. j. Enhanced entrances or awnings. A building that provides internal access to dwelling units includes at least one of the following: i. A building entrance area that is a minimum of eight feet in width and is either: (A) recessed a minimum of five feet from the building facade, or (B) covered with a permanent architectural feature that provides weather protection. The architectural feature must be at least as wide as the entry, a maximum of six feet above the top of the entry, and a minimum of five feet in depth. The architectural feature may project into the minimum front setback; or ii. A permanent architectural feature above all first-story windows, such as an awning or series of awnings, that are at least as wide as each window, a maximum of six feet above the top of each window, and a minimum of three feet in depth. The architectural feature may project into the minimum front setback. 2. The following building materials are prohibited on all building facades, including accessory structure facades, that face a public or private street or outdoor common open space. They may not be used collectively on more than 35% of any other building facade. a. Vinyl PVC siding, b. T-111 plywood, 11 Chapter 18.230 Apartments c. Exterior insulation finishing (EIFS), d. Corrugated metal, e. Plain concrete or plain concrete block, f. Spandrel glass, or g. Sheet pressboard. 18.230.060 Accessory Structures Accessory structures are allowed subject to the following standards: A. Accessory structures are prohibited in the required front or street side setback; B. Accessory structures may be located in the required side or rear setback provided they are a minimum of five feet from the side and rear property lines and a maximum of 15 feet in height; and C. All accessory structures, 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 within 20 feet of any street property line or public access easement. 12 Chapter 18.230 Apartments Chapter 18.320 COMMERCIAL ZONE DEVELOPMENT STANDARDS 18.320.010 Purpose and Definition A. The purpose of this chapter is to provide standards for nonresidential development and mixed-use development in commercial zones that promote quality development and enhance the livability, walkability, and safety of the community. Standards prioritize more dense and walkable development, in order to enhance climate resilience and economic activity with the limited developable land available in the city. B. Definition. Nonresidential development includes mixed use developments with or 18.320.020 Applicability A. The standards of this chapter apply to nonresidential and mixed-use development in the C N, C C, C G, C P, MUC, COM, MUC, MUE, and MUR NUE 1, MUE 2, MUR 1, and MUR 2 zones. Additional standards apply to nonresidential and mixed-use development in the River Terrace Plan District and Washington Square Regional Center Plan District as provided in._Chapter , River Terrace Plan District, and Chapter , Washington Square Regional Center Plan District. B. Residential development, except for mixed-use development, in commercial zones is subject to the approval processes and standards of the applicable housing type in Chapter 18.201', Residential Development Standards. C. This chapter does not apply to the following: 1. Nonresidential and mixed-use development in the Bridgeport Village Plan District is subject to the standards of Chapter 18.620, Bridgeport Village Plan District. 2. Nonresidential and mixed-use development in the MU-CBD zone is subject to the approval processes and standards of Chapter 18.650, Tigard Downtown Plan District. 3. Nonresidential and mixed-use development in the TMU zone is subject to the approval processes and standards of Chapter 18.661 , Tigard Triangle Plan District. 4. Nonresidential and mixed-use development in the Washington Square Regional Center Plan District is subject to the standards of Chapter 18.670, Washington Square Regional Center Plan District. 1 Chapter 18.320 Commercial Zone Development Standards R. "residential development in the MUC-1z-ene-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 1 1 . _ . . . . . _ _ • ■. •. Chapter , Tigard Triangle Plan District, respectively. D. Residential development in commercial zones is subject to thc approval processes and standards of thc applicable housing type in Chapter 18.200, Residential Development Standards. 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. 18.320.040 Development Site Design Standards A. Base zone standards. gase�;-a development standards arc provided in Table 18.320.1. 1. Base zone site design standards are provided in Table 18.320.1. and Subsections 18.320.040.6 - J. 2. Existing development or proposed additions are exempt from maximum building setback standards. Table 18.320.1 Commercial Zone Site Desi•n Standards for Nonresidential Develo•ment Standard COM MUC MUE MUR Minimum Setback (ft) - Front or street-facing 1 1 1 1 - Side or rear adjacent to nonresidential or 0 0 0 0 RES-E zone 2 Chapter 18.320 Commercial Zone Development Standards Reduced setbacks and removal of lot coverage requirements allow for more dense development while tree canopy standards continue to apply. - Side or rear adjacent to a RES-A—RES-D 15 0 15 20 zone Maximum front or 20 street-facing Setback None 12 12 (ft) — — Maximum Lot Coverage 100% 100% 100% 100% Minimum Landscape 0% 0% 0% 0% Area — — — — Minimum Site Tree The minimum site tree canopy standards are provided Canopy Coverage in Section 18.420.060. Minimum Parking Lot The minimum parking lot tree canopy standards are Tree Canopy Coverage provided in Subsection 18.410.030.M. Table483204 NIUE- C-At 2-and M-U-R- d Stard and C- G-G C-P M-U E nn, l 1 r a- � 2 H H Minimum Setback (ft) - Front None None None None 1-0 None None - Strcct side None None Nona Nonc 1-0 5 None Side 0 or 20 0-Of 9-Of CI-Of 0-Of CI-Of- 0 or 20 [3} [21 20 [31 20 [3} 20 [3} 20 [31 20 [3} Rear 0-er 0 �-Of 00� CI-Of 0� 0 or 20 [3} 20 [21 20 [31 20 [3} 20 [31 20 [31 20 [3} Maximum Setback (ft) Front None 20 or 10 None None 20 20 20 {I Street side None 20 or 10 Nonc None 20 20 20 [4} {ft) Minimum Height None None Nonc None None stories 2 2 stories 3 Chapter 18.320 Commercial Zone Development Standards Maximum Height 35 45 45 45 60 75 200 {ft) Maximum Lot 85% 85% 85% 80% 80% 80% Coe Coverage Minimum1_5974 1_597420% 20% 20% Landscape—Area Minimum FAR [5} None None None None 0.3 0-6 1 .25 Maximum FAR [5} None None None 0,4—[61 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 zero 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 zero feet, except the minimum side and rear - -- - - - A . e - ■ District. See Map 18.660.A. • . 1 I A - . - A . . ee 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. B. Setbacks. Minimum and maximum building setbacks are met when at least 70 percent of the building facade facing a public or private street is located within the setback. C. Common space. Mixed-use development in the MUR and MUC zones is required to provide common space as provided in Subsection 18.230.040.C. BD. Landscaping and screening. All required landscaping, including landscaping Chapter .i o.' , Landscaping and Screening. Landscaping and screening standards are provided in Chapter 18.420, Landscaping and Screening. Landscaping and screening are required as follows: - ••••••• _ 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. 4 Chapter 18.320 Commercial Zone Development Standards Clarification regarding how setbacks are met. Mixed-use development in the MUR and MUC zones required to provide common space. Clarification to landscaping standards. 2: Screening standards are provided in Section 18.420.050. Screening is required as follows: al. 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. b2. Nonresidential development that abuts a residential zone must be screened to the S-3 standard along all property lines, except street property lines. G3. 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 trcc canopy standards for the site and any off street vehicle parking areas are provided in Section 18.420.060. GE. Pedestrian access. 1. Paths are required and must provide safe and convenient pedestrian access from public sidewalks abutting the site to all required building entrances on the site. A minimum of one path is required for every 200 linear feet of street frontage. 2. For every 200 linear feet of street frontage, a minimum of one path must be provided that connects an adjacent planned or existing sidewalk to a building entrance or structure intended for public access. 23. 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 Chapter ,�.�+ ��, Off-Street Parking and Loading. 34. 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. 45. Paths must be constructed with a hard surface material and have a minimum unobstructed width of five feet. OF. Utilities and service areas. 1. Private utility facilities, such as transformers or control valves, that serve a single development must be located below ground or a minimum of 20 feet from any street property line or any property line adjacent to a residential zone if 5 Chapter 18.320 Commercial Zone Development Standards Tree canopy standards moved to table for higher visibility. located above _ground. . • - -- _ _ . _ _ _- • - _ • _ ' ' greater in volume or with any one dimension gr ter than two 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 reflective material. 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 or any property line adjacent to a residential zone, except where located inside a building. €G. Lighting. 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 Chapter 18.410, Off-Street Parking and Loading. 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. H. Driveways. The following standards apply to new driveways or substantial redevelopment. 1. For each street frontage less than or equal to 300 feet in length, a maximum of one driveway per street frontage is allowed. 2. For each street frontage more than 300 feet in length, a maximum of one driveway for every 200 feet of street frontage is allowed. 6 Chapter 18.320 Commercial Zone Development Standards New driveway and parking area standards provide more clear and objective criteria that promote pedestrian friendliness. I. Parking and loading areas. 1. Vehicle parking and loading areas must be designed and located to minimize conflicts between vehicular and non-vehicular traffic. 2. Loading areas must be designed and located to minimize adverse impacts on adjacent properties when adjacent to a residential zone. 3. 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. 4. Bicycle parking may be located in the public rigj t-of-way with approval of the City Engineer. FJ. Other standards. Development in commercial zones is subject to all other applicable standards of this title, including, but not limited to, standards related to parking and loading, streets and utilities, sensitive lands, and signs. 18.320.050 Building Design Standards A. Floor Area Ratio (FAR). There are no minimum or maximum FAR requirements for development in commercial zones. AB. 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. 2. A required entrance must be within 1 foot above or below the grade of the adjacent sidewalk. 32. A required building entrance must be at an angle that is no more than 45 degrees from the street that it faces. 43. 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 six feet above the top of the entrance, and a minimum of three 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, Repa+r-Oriented Retail, Personal Chapter 18.320 Commercial Zone Development Standards Removal of FAR requirements simplifies development review process. Services, and Office uses must include a minimum of 50% window area on all first story street facing facades. (Ord. 20 01 §1; Ord. 18 28 §1) C. Windows. Building facades facing public or private streets when located within 35 feet of the street-facing property line must include a minimum window area as provided in Table 18.320.3. Table 18.320.3 Minimum Window Area Story Use Minimum Window Area First Story Nonresidential 50% of facade Residential 30% of facade Upper Stories Nonresidential 30% of facade Residential 20% of facade (not applicable to stories with sloped roofs or dormers) D. Building Height. 1. The minimum and maximum building height for each zone is provided in Table 18.320.4. 2. In all zones, the facade facing a public or private street must include a first story with a minimum height of 12 feet and maximum height of 25 feet. Where the minimum height is 25 feet in Table 18.320.4, the building must provide a minimum of two stories. Table 18.320.4 Hei.ht b Zone Development or Use Minimum Minimum Maximum Zone Building Stories Building Height Height (in Required (in feet) feet) Nonresidential 12 1 45 COM Mixed-use 25 2 100 Nonresidential 12 1 75 MUE Mixed-use 25 2 100 MUC Any 12 1 185 Residential 12 1 60 MUR Mixed-use 25 2 60 8 Chapter 18.320 Commercial Zone Development Standards New window requirements apply to all development and support an enjoyable pedestrian environment. New building heights allow more density while first story height minimums promote more enjoyable pedestrian environment. E. Roofs. Roofs must have a minimum solar reflectance index of at least 64. Any roof area not meeting this standard must be constructed as an ecoroof, except where being used for mechanical equipment, stairwells, solar arrays, maintenance access, rooftop parking, rooftop decks, skylights, or mechanical equipment. F. Building Projections. Building projections are allowed as follows: 1. Architectural elements such as eaves, cornices, and bay windows may project a maximum one foot into the minimum building setback as shown in Figure 18.320.1. 2. Balconies may project into the minimum building setback and public right-of-way as shown in Figure 18.320.1. Balconies may project a maximum of 4 feet into the right-of-way. Balconies that project into the right-of-way must have a minimum vertical clearance of 10 feet from sidewalk grade and are subject to approval by the Cit ry En_gineer. 3. Weather protection elements, such as canopies or awnings, may project into the right-of-way a maximum of 6 feet or the minimum sidewalk width along the building frontage, whichever is less. Elements that project into the right-of-way must have a minimum vertical clearance of 8 feet from sidewalk grade and are subject to approval by the City Engineer. Figure 18.320.1 Building Projection Standards 9 Chapter 18.320 Commercial Zone Development Standards New roof requirements promote carbon responsibility. Clarifications to allowed projections. Building Projection Standards 1'max.projection into minimum building setback • 11_11 4'max.projection imo public right-of--way 4—3'min,depth For required weather protection and 6'max.projection into public right-of-way 8-min.vertical clearance 1 1 .. T Private property Public tight.4t•wiy G. Facade Variation. All street-facing facades more than 50 feet in length that are located within 35 feet of a street property line must provide at least one element from the following list. Elements must be repeated or distributed along the length of the facade so that there is no more than 40 feet between elements. 1. A change in surface or siding material, color, or pattern; or 2. A wall projection or recession that is a minimum of six feet in width and two feet in depth for a minimum of half the height of the facade. 1 . 1 _ ._ e. . ee ._. ._ 1. Pedestrian access. - . maintenance materials such as pavers, bricks, or scored concrete. 2. Site design. 10 Chapter 18.320 Commercial Zone Development Standards Clear and objective facade variation requirements to promote an enjoyable pedestrian environment. a. Minimum and maximum building setbacks are met when at least 70 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 d. Loading areas must be designed and located to minimize adverse residential uses. c. Landscaping must be designed and located to emphasize the major 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 'a . - • • 1 I • .. e -- - - --- e -- development. 1. 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 trail; an4 of the City Engineer. 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. 3. Building design. a. All street facing facades must provide a minimum of 50 percent of window all upper story facades, except that residential uses on upper stories must 11 Chapter 18.320 Commercial Zone Development Standards b. All street facing facades must include pedestrian scale architectural design features such as awnings, window shadowing, accent siding, roof 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. . - --. - and service ar as, and all site improvements, such as fences, walls, signs, and arc similar in scale and app arance 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 - _f - - �. :.**I. A . . _ Triangle. .. . . . -- Highway 99W, Dartmouth Street, 72nd Avenue, 7'1th Avenue, and 68th Parkway. practicable. 2. All street facing facades within the required setbacks must include windows on a minimum of 50 percent of the first story facade ar a. First story facade arc iJ measured from 3 feet above grade to 9 feet above grade the entire length of each street facing facade. 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 12 Chapter 18.320 Commercial Zone Development Standards rJ Other design features that reflect the building's structural system. 1. All street facing facades that extend more than 300 feet must provide a 5. The area between the building facade and the street property line must-bc landscaped or include hardscapc materials that increase the width of the adjacent 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. 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 institutionfacility. 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. 13 Chapter 18.320 Commercial Zone Development Standards Chapter 18.330 INDUSTRIAL ZONE DEVELOPMENT STANDARDS Chapter 18.330 INDUSTRIAL ZONE DEVELOPMENT STANDARDS 18.330.010 Purpose and Definition A, The purpose of this chapter is to provide standards for nonresidential development in industrial zones that serve industrial and manufacturing users while allowing for safer, more comfortable, and more attractive streetscapes for pedestrians. promote quality development and enhance the livability, walkability, and safety of the community. B. ID nition Nonresidential-d-evellopm ent i-nodes, mixed use and single use developments that contain a civic, institutional, commercial, industrial, or other nonresidential use. (Ord. 18 28 §1) 18.330.020 Applicability A. The standards of this chapter apply to nonresidential development in the IND zone. I P, I L, and I H zones. B. Nonresidential development in the IND I-- zone within the Durham Advanced Wastewater Treatment Facility Plan District is subject to the standards of Chapter 18.630, Durham Advanced Wastewater Treatment Facility Plan District. 18.330.030 Application Type Nonresidential development in the IND zones-requires a site development review application, except where a conditional use or planned development application is required or proposed. 18.330.040 Development Site Design Standards A. Base zone development site design standards are provided in Table 18.330.1. Table 18.330.1 Industrial Zone Site Design Standards for Nonresidential Development Standard IND Minimum Setbacks - Front and street-facing 1 ft 1 New setback standards consistent with the existing I-H (Heavy Industrial) zone standards, which are the most generous of the existing industrial zone setback standards. Table 18.330.1 Industrial Zone Site Design Standards for Nonresidential Development Standard IND - Side or rear adjacent to 50 ft residential zone - Side or rear adjacent to 1 ft nonresidential zone Maximum Lot Coverage 85% Minimum Landscape Area I 15% Minimum Site Tree Canopy The minimum site tree canopy standards are Coverage provided in Section 18.420.060. Minimum Parking Lot Tree The minimum parking lot tree canopy standards Canopy Coverage are provided in Subsection 18.410.030.M. Table 18.330.1 Standard 1-R Minimum Setbacks (ft) Front 35 30 30 - Strcct side 20 20 20 Side [1} None None None Rear[11 None None None Maximum Height (ft) /15 45 45 Maximum Lot Coverage 75% [2} 85% 85% Minimum Landscape Area 25% [2} 15% 15% {1] Minimum side and rear setbacks are 0 feet, except the minimum side and rear setbacks are 50 feet where the site abuts a residential zone. {2] Maximum lot coverage may be increased to 80% and minimum landscape area Io .... .e where the standards in Subsection 18.330.040.D are met. 2 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 A')-, Landscaping and Screening. 1. The minimum landscape area standard is provided in Table 18.330.1. Landscaping standards are provided in Section '8.420.040. Any landscape area used to meet minimum landscaping requirements must meet the L-2 standard. that meets the L 2 standard may count toward meeting the minimum arca 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 18.330.040.C. b. Nonresidential development that abuts a nonindustrial zone must be screened to the S-3 standard along all property lines abutting the nonindustrial zone, except street property lines. c. Surface vehicle parking areas, loading areas, and 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. parking areas are provided in Section 18.420.0a- C. Utilities and service areas. 1. Private utility facilities, such as transformers or control valves, that serve a single development must be located below ground or a minimum of 20 feet from any street property line or any property line adjacent to a residential zone if located above ground. unless the functional properties of the facility require greater in volume, or with any one dimension gr to than two fcct, must mcct the and reflective material. 3 Clarified landscaping requirements. Canopy standards moved to table above for greater visibility. Clarified utility screening requirements. 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 or any property line adjacent to a residential zone, except where located inside a building. D. Lighting. Lighting must be shielded, angled, or located such that it does not shine upwards or onto adjacent residentially-zoned properties or sensitive lands. The maximum illumination is 0.5 footcandles measured vertically at the property line where abutting a residential zone or sensitive lands. e e . -The following standards apply to all nonresidential development in the I P zone that propose to increase maximum lot coverage to 80% and reduce minimum landscape ar a to 20%: 1. Street trees must be a minimum caliper of three inches at planting; 3. The applicant must provide documentation of an adequate on going maintenance program to ensure appropriate irrigation and maintenance of the landscape area. E. Pedestrian access. ■ _ - -• _ . of one path is required for every 200 linear feet of street frontage. ■ . • . . . •.. . - - ..- . .e. .. . in Subsection 18.410.040.8. 21. Paths are required and 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 Chapter 18.410, Off-Street Parking and Loading. 32. 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. 43. Paths must be constructed with a hard surface material and have a minimum unobstructed width of five feet. 4 New lighting requirements clarify nuisance code standards and respond to existing resident concerns regarding light pollution from nearby industrial uses. Simplified pedestrian access requirements for industrial users. II . ■_ . .. - - 18.330.050 Building Design Standards A. Height. There is no minimum or maximum height. B. Roofs. Roofs must have a minimum solar reflectance index of at least 64. Any roof area not meeting this standard must be constructed as an ecoroof, except for areas used for stairwells, solar arraysLrooftop parking, rooftop decks, sunroofs, or mechanical equipment. C. Loading docks and bays. New buildings or additions may include a maximum of one elevated loading dock per tenant or per 100 lineal feet of building facade, whichever is greater. There is no maximum number of at-grade loading docks or roll-up garage doors. 5 Removal of height requirements allow for more dense and innovative industrial development as the market evolves. New roof requirements encourage carbon responsibility. Limit on loading docks and bays disincentivizes new buildings designed for warehouse users, which are not allowed in the IND zones. Chapter 18.670 WASHINGTON SQUARE REGIONAL CENTER PLAN DISTRICT Sections: 18.670.010 Purpose 18.670.020 Applicability 18.670.030 General Provisions 18.670.040 Review Process 18.670.050 Land Use Standards 18.670.060 Housing Types 18.670.070 Site Design Standards 18.670.080 Building Design Standards 18.670.090 Additional Standards for Residential or Mixed-Use Development 18.670.100 Transportation Standards 18.670.010 Purpose The purpose of this chapter is to implement the land use and transportation policy framework for the portion of the Washington Square Regional Center within Tigard's urban planning area. This chapter implements the goals and policies of the Tigard Comprehensive Plan and Metro's long-range growth management plan for the Portland metropolitan area, particularly those related to regional centers. It also advances the goals of the Department of Land Conservation and Development's Climate-Friendly and Equitable Communities program. The standards and procedures in this chapter are designed to: A. Facilitate a complementary mix of residential and nonresidential land uses that support a wide range of working, living, shopping, and travel options. B. Foster urban-scale development at transit-supportive levels throughout the entire plan district, but particularly in the Design Review Subdistrict, to meet the needs of Tigard and the region in a carbon-responsible and climate-resilient manner. C. Promote the development of safe, comfortable, and interesting public gathering spaces and active transportation facilities that support a walkable and vibrant urban environment. D. Respect the needs of the community and the area's unique and diverse development patterns through the creation of three subdistricts. 1. Design Review Subdistrict. The purpose of this subdistrict is to facilitate the development of a highly urbanized mixed-use neighborhood that prioritizes the comfort and needs of people by utilizing pedestrian-scale design principles and New Washington Square Regional Center (WSRC) Plan District code chapter repeals and replaces the existing plan district chapter. New code reflects the policies adopted through the WSRC Update Project. Three subdistricts allow for more nuanced application of use and development standards in the plan district. providing a variety of inviting public spaces and high-quality active transportation facilities. 2. Apartment Subdistrict. The purpose of this subdistrict is to facilitate the development of apartments at a variety of scales to the exclusion of all other housing types. 3. Metzger Business Subdistrict. The purpose of this subdistrict is to foster neighborhood-scale mixed-use development that reinforces the identity of this area as a local commercial hub. 18.670.020 Applicability A. Applicability. The standards and procedures in this chapter apply to all property within the Washington Square Regional Center Plan District, with the following clarifications: 1. Property within the Residential-B (RES-B) zone or the Parks and Recreation (PR) zone is exempt from the provisions of this chapter, but not from the provisions of this title. 2. Property within the subdistricts shown on Map 18.670.A are subject to different or additional development standards, use restrictions, or review processes as provided in this chapter. B. Boundary map. The plan district, base zones, subdistricts, and jurisdictional boundaries are shown on Map 18.670.A. These boundaries, except for the subdistricts, are also included on the Tigard Zoning Map. C. Unincorporated Washington County. This chapter includes future zoning designations for unincorporated Washington County property within the plan district. The standards and procedures in this chapter, including the zoning designations shown on Map 18.670.A, will apply to these properties upon annexation to the City of Tigard. Map 18.670.A • —a_:. — - r- CAMILLE TER' .d• t�j • 1n I '®. A�".a`�s•• GARDEN LN o Washington Square Plan District: it I - l H4 Boundary and Zoning Map +�: �_� TI_ ' MAYO ST,__�� I 1 Washington Square Plan District Suhdis[rirts z— ¢J 7-I *�< IMIMixed-Use Commercial(MUC)Zone ®Apartment +� r—N 1 Mixed-Use Employment(MUE)Zone I I Design Review _o r* II ALDEN ST i � Ti' V'_ Mixed-Use Residential(MUR)Zone Metzger Main Street y �+ �,i 1 - r, GoowlI RI' 10 ll Parks and Recreation{PR)Zone �(' m_ I I 1'�.'� Residential B(RES-B)Zone fl y� � '17;1Ii 11 �, \t s:, Q Tigard City Boundary LEs4E 5T-, �Ir�i _-Lt/ -a��cTl r ��5 , ipp`-',, 6,'rog,A,_is- .: �\1( Ii , 1 _ 'TAYLORS FERRY RD 0--■-r H....,-... o � 111- WCll ly .. �_ BOMrrAR+'- -_ Iw.le I f' .4 �N7�F Jr EASE;:f LIZZIE CTQpJ � rnnJicT 1� ! 1 BORDERS ST ELU'w000 9T nLERMANN ST `"K ST' v� L Ar, 7 .:S���� m P 7 ECORAL S1 `- 1 NITKAR(T= '.--------71 O��%r ocLIST T LANDAl1i5T II \ L 1 II L--11 _ - _ - -_ PI:47,4,01, 'oak I'mit ad LC1 4N ` L 21IIIliboil`C0? w OAK s = ]ingiumrl, a. `..L-1hll "PINE ST "411 B'.ar_I( '� `ll a�P.O.• L1111111 SHAOY LN._ 0,-, "' Q cLNEV/,sT -wINDsoRPL ,tv - 'l II TILf,I ia J ZrMI 5r-- ! i .iI -2- > , CO Y16§ }-a�_ -...I /` -^1 S1rI,;E qr A 1.1. CIIJ W _ 5 L- _ I ■ .I�,IIII No " _ NORTH DAKOTA ST el MEGAN TERIMMO ��� Z 1 IV441 VII 1 I IM II ~ ■ rli V • 0 \ Q m PrAFFLE`ZT `� ry �� fie, �j� r r (! ��� a !V a a r , ••a w TA a i'?A(� 1 ...:. k ti0 1 .,. \`.. o .I<BLr_�.,� _ �■ - TIGARDST- 18.670.030 General Provisions A. The standards and procedures in this chapter apply in addition to all other applicable provisions of this title, except that this chapter supersedes the standards in the following chapters: 1. Chapter 18.100, Base Zones; and 2. Chapter 18.300, Nonresidential Development Standards. B. The standards and procedures in this chapter govern in the event of a conflict. C. The standards and procedures in Tigard Municipal Code Chapter 15.16, Encroachment Permits, apply where any privately-owned structures or furnishings allowed by this chapter are proposed to encroach into the public right-of-way. 18.670.040 Review Process A. Plan District Review Process. The following review processes apply to development in the plan district, except for development in the Design Review Subdistrict, which is subject to the approval processes provided in Section 18.670.040.8. 1. New nonresidential development or mixed-use development requires a site development review application as provided in Chapter 18.780, Site Development Reviews, except when a conditional use or planned development is required or proposed. 2. Residential development, except for mixed-use development, is subject to the review processes associated with the proposed housing type, as provided in Chapter 18.200, Residential Development Standards. B. Design Review Subdistrict Review Process. The following review processes apply in the Design Review Subdistrict. 1. Residential development, except for mixed-use development, that complies with the additional standards provided in Subsection 18.670.090.6 is subject to the review processes associated with the proposed housing type, as provided in Chapter 18.200, Residential Development Standards. 2. Mixed-use development that complies with all applicable standards provided in this chapter requires a site development review application as provided in Chapter 18.780, Site Development Reviews. 3. The following types of development require a development design review as Within the Design Review Subdistrict (see Map 18.670.A above), nonresidential development requires a Development Design Review application. Residential and mixed-use development can follow a clear and objective pathway or elect to be reviewed through a development design review application. provided in Chapter 18.725, Development Design Reviews: a. Mixed-use development that does not comply with all the standards provided in this chapter; b. Residential development that does not comply with the additional standards provided in Subsection 18.670.090.B; or c. New nonresidential development or a major modification to nonresidential development. C. Boundary amendments. Plan district or subdistrict boundary amendments are subject to the legislative process in Chapter 18.790, Text and Map Amendments. 18.670.050 Land Use Standards A. General provisions. A list of allowed, restricted, conditional, and prohibited uses is provided in Table 18.670.1. 1. Allowed (A). Uses that are allowed, subject to all of the applicable provisions of this title. 2. Restricted (R). Uses that are subject to special requirements, exceptions, or restrictions provided in Subsections 18.670.050.B-D. Use restrictions may be adjusted through an adjustment application as provided in Chapter 18.715, Adjustments, a development design review application as provided in Chapter 18.725, Development Design Reviews, or a planned development review application as provided in Chapter 18.770, Planned Developments. 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 and are not adjustable through an adjustment nor a development design review. Table 18.670.1 Land Uses by Zone Land Use Categories MUC Zone MUE Zone MUR Zone Residential Use Category Residential Use A R A Civic Use Categories Residential allowed as standalone residential or mixed-use development in the MUC and MUR zones. Allowed as mixed-use development with at least 30 percent employment uses in the MUE zone. Table 18.670.1 Land Uses by Zone Land Use Categories MUC Zone MUE Zone MUR Zone Basic Utility R/C R/C R/C Cemetery P P P Detention Facility P P P Government Services A A A Railroad Yard P P P School or Religious Facility C C C Temporary Shelter A A A Transportation and Utility Corridor A A A Wireless Communications Facility R R R Commercial Use Categories Adult Entertainment P P P Commercial Lodging A A A Indoor Sales and Services R R R Major Event Entertainment C P P Mobility Hub R R R Motor Vehicle Fuel Sales P A P Motor Vehicle Sales and Rental R R P Motor Vehicle Servicing P R P Non-Accessory Parking R R P Office A A R Outdoor Sales and Services P P P Self-Service Storage P P P Industrial Use Categories Industrial and Manufacturing R R P Off-Site Services P R P Warehouse and Distribution P P P Waste-Related Facility P P P Wholesale and Equipment Rental P R P Existing allowances for Motor Vehicle Sales and Rental and Motor Vehicle Servicing remain in place. Industrial and Manufacturing uses allowed in the MUC and MUE zones when located completely within a building. B. MUC zone use restrictions. 1. Basic Utility. a. This use is conditionally allowed. b. Data centers are conditionally allowed only on or above the second story of a mixed-use development. 2. Wireless Communications Facility. See Chapter 18.450, Wireless Communication Facilities, for allowed and restricted facilities. 3. Indoor Sales and Services. a. The maximum gross floor area is 30,000 square feet per tenant for new buildings and additions. New tenants in the existing footprint of existing buildings are exempt from this restriction. b. All inventory and materials, except parking, must be contained completely within a building. c. Outdoor animal kennels are prohibited. All animal kennels associated with breeding, boarding, or sales must be contained completely within a building. d. Uses with drive-through services are prohibited. 4. Mobility Hub. A maximum of ten car charging stations is allowed per hub. 5. Motor Vehicle Sales and Rental. a. This use is prohibited outside the Design Review Subdistrict. b. All sales and rental inventory, materials and equipment, and vehicle service areas must be contained completely inside a building, except for the existing Motor Vehicle Sales and Rental development located at the northwest corner of Highway 217 and Greenburg Road. c. If the use includes accessory motor vehicle servicing activities, i. Any adverse impacts from the proposed servicing activities are mitigated to the extent practicable, including, but not limited to, noise, odors, and vibrations; ii. All customer vehicle drop-off areas associated with the proposed servicing activities are clearly identified and designed to prevent vehicle idling and queuing outside of a building; and iii. The proposed servicing activities and associated driveways, accessways, drive aisles, and parking areas are located and designed to support pedestrian access, safety, and comfort. 6. Non-Accessory Parking. This use is allowed only as structured parking with at least two floors of parking. 7. Industrial and Manufacturing. All inventory and materials, except parking, must be contained completely within a building. C. MUE zone use restrictions. 1. Residential Use. a. Any combination of residential and nonresidential use proposed for the same site and not contained in a mixed-use development requires planned development review. b. Allowed civic, allowed commercial, or restricted industrial uses must make up at least 30 percent of the gross floor area. 2. Basic Utility. a. This use is conditionally allowed. b. Data centers are conditionally allowed only on or above the second story of a mixed-use development. 3. Wireless Communications Facility. See Chapter 18.450, Wireless Communication Facilities, for allowed and restricted facilities. 4. Indoor Sales and Services. a. The maximum gross floor area is 30,000 square feet per tenant. b. All inventory and materials, except parking, must be contained completely within a building. c. Outdoor animal kennels are prohibited. All animal kennels associated with breeding, boarding, or sales must be contained completely within a building. d. Uses with drive-through services are prohibited. 5. Mobility Hub. A maximum of ten car charging stations is allowed per hub. 6. Motor Vehicle Sales and Rental. All sales and rental inventory, materials and equipment, and vehicle service areas must be contained completely within a building or located behind a building such that inventory and service areas are not visible from Cascade Avenue. 7. Motor Vehicle Servicing. All activities and storage, including any vehicle inventory, must be contained completely within a building. 8. Non-Accessory Parking. This use is allowed only as structured parking with at least two floors of parking. 9. Industrial and Manufacturing. All inventory and materials, except parking, must be contained completely within a building. 10. Off-Site Services. a. The maximum gross floor area is 20,000 square feet per tenant. b. A maximum of 20 vehicles may be parked overnight on-site. c. All inventory and materials, except parking, must be contained completely within a building. 11. Wholesale and Equipment Rental. a. The maximum gross floor area is 20,000 square feet per tenant. b. All inventory and materials, except parking, must be contained completely within a building. D. MUR zone use restrictions. 1. Basic Utility. a. This use is conditionally allowed. b. Data centers are conditionally allowed only on or above the second story of a mixed-use development. 2. Wireless Communications Facility. See Chapter 18.450, Wireless Communication Facilities, for allowed and restricted facilities. 3. Indoor Sales and Services. This use is allowed only as part of a mixed-use development. 4. Office. This use is allowed only as part of a mixed-use development. 18.670.060 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 is provided in Table 18.670.2. Terms and abbreviations used are defined as follows: 1. Yes, allowed (Y). Housing types that are allowed. 2. Limited (L). Housing types that are allowed subject to specific limitations. 3. No, prohibited (N). Housing types that are not allowed under any circumstance. C. All housing types are subject to the standards and provisions of the applicable development standards chapter. The applicable chapter for each housing type is provided in Table 18.670.2. D. All allowed housing types may be built on site or manufactured off site. Table 18.670.2 Washin•ton S•uare Re•ional Center Housin• T •es Housing Types Applicable MUC MUE MUR Chapter Accessory Dwelling 18.220 N N L Units Apartments 18.230 L N Y Cottage Clusters 18.240 N N L Courtyard Units 18.250 N N L Mobile Home Parks 18.260 N N N Quads 18.270 N N L Rowhouses 18.280 L N L Small Form 18.290 N N L Residential Mixed-Use 18.670 Y Y Y Development Y=Yes, Allowed L=Limited N=No, Prohibited E. Limited housing types in subdistricts. 1. Limited housing types in the MUC zone. a. Rowhouses are allowed only in the Design Review Subdistrict. b. Only mixed-use development is allowed in the Metzger Business Subdistrict. All other housing types are prohibited. 2. Limited housing types in the MUR zone. Only apartments and mixed-use development are allowed in the Apartment Subdistrict. All other housing types are prohibited. 18.670.070 Site Design Standards A. General provisions. 1. Site design standards for nonresidential and mixed-use development are provided in Table 18.670.3 and Subsections 18.670.070.B - G. 2. Residential development, except for mixed-use development, is subject to standards of the applicable housing type in Chapter 18.200, Residential Development Standards. 3. Development reviewed through a development design review application is not subject to these standards and is evaluated through the development design review process. Table 18.670.3 Site Design Standards by Zone Setback Standards MUC Zone MUE Zone 1 MUR Zone Minimum Setback in Feet - Front or street property line 1 I 1 1 - Side or rear adjacent to nonresidential 0 0 0 or mixed-use zone - Side or rear adjacent to a residential 0 15 20 zone Maximum Setback in Feet Apartments, rowhouses, and mixed-use development allowed in the Design Review Subdistrict. Only Mixed-use development is allowed in the Metzger Business Subdistrict, which prioritizes neighborhood-scales business activity. Clarifications regarding when standards in this section apply. - Front or street property line 12 I 12 I 20 Lot Coverage No minimum or maximum lot coverage. Landscape Area No minimum or maximum landscape area. Minimum Site Tree Canopy Coverage The minimum site tree canopy standards are provided in Section 18.420.060. Minimum Parking Lot Tree Canopy The minimum parking lot tree canopy Coverage standards are provided in Subsection 18.410.030.M. B. Setbacks. 1. Minimum and maximum building setbacks are met when at least 70 percent of the building facade is located within the required setbacks. 2. Existing development and proposals for attached additions are exempt from maximum building setback standards. C. Landscaping and Screening. Landscaping and screening standards are provided in Chapter 18.420, Landscaping and Screening. Landscaping and screening are required as follows: 1. The area between the building facade and the street property line must be landscaped to the L-2 standard. 2. 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. 3. Nonresidential development that abuts a residential zone must be screened to the S-3 standard along all property lines, except street property lines. 4. 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. D. Pedestrian access. 1. Paths are required and must provide safe and convenient pedestrian access from public sidewalks abutting the site to all required building entrances on the site. 2. A minimum of one path to a building or structure intended for public access is required for every 200 linear feet of street frontage. Setback and lot coverage requirements allow for more dense development while tree canopy requirements continue to apply. 3. 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 Chapter 18.410, Off-Street Parking and Loading. 4. 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. 5. Paths must be paved with a hard surface material and have a minimum unobstructed width of five feet. E. Driveways. Driveway standards apply when introducing a new driveway to a development or when substantially redeveloping a site. 1. For each street frontage less than or equal to 300 feet in length, a maximum of one driveway per street frontage is allowed. 2. For each street frontage more than 300 feet in length, a maximum of one driveway per 200 feet of street frontage is allowed. F. Utilities and service areas. 1. Private utility facilities, such as transformers or control valves, that serve a single development must be located below ground or a minimum of 20 feet from any street property line or any property line adjacent to a residential zone. 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 or any property line adjacent to a residential zone, except where located inside a building. G. Lighting. 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 Chapter 18.410, Off-Street Parking and Loading. 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. 18.670.080 Building Design Standards A. General provisions. 1. Building design standards for nonresidential and mixed-use development are provided in Subsections 18.670.080.B - H. 2. Residential development, except for mixed-use development, is subject to standards of the applicable housing type in Chapter 18.200, Residential Development Standards. 3. Development reviewed through a development design review application is not subject to these standards and is evaluated through the development design review process. B. Building height. 1. The minimum and maximum height for each zone and subdistrict is provided in Table 18.670.4. 2. The facade facing a public or private street must include a first story with a minimum height of 12 feet and maximum height of 25 feet. Where the minimum height is 25 feet in Table 18.670.5, the building must provide a minimum of two stories. Table 18.670.4 Height by Zone and Subdistrict Development or Minimum Minimum Maximum Zone or Location Use Height (in Stories Height (in feet) Required feet) MUE Nonresidential 12 1 75 Mixed-Use 25 2 100 MUC Outside of a 12 1 185 Subdistrict Clarifications regarding when standards in this section apply. Building height standards allow tallest buildings only where the market reasonably expects to see this height. Standards also allow taller buildings when providing mixed-use development. MUC in the Any 1 185 Design Review 12 Subdistrict MUC in the Nonresidential 12 1 60 Metzger Business Mixed-Use25 2 75 Subdistrict MUR Outside of a Residential12 1 60 Subdistrict Mixed-Use 25 2 60 MUR in the Any 3 115 Apartment 36 Subdistrict D. 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. 2. For every 200 linear feet of street frontage, a minimum of one path must be provided that connects an adjacent planned or existing sidewalk to a building entrance or structure intended for public access. 3. A required entrance must be within 1 foot above or below the grade of the adjacent sidewalk. 4. A required building entrance must be at an angle that is no more than 45 degrees from the street that it faces. 5. 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 six feet above the top of the entrance, and a minimum of three feet in depth. The required weather protection may project into the minimum front setback. E. Facade design. All facades that extend more than 50 feet fronting a public or private street and are located within 35 feet of the street-facing property line must provide at least one of the following features: 1. A change in surface or siding material, color, or pattern; or 2. 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. F. Building projections. Building design standards promote enjoyable pedestrian environment. 1. Architectural elements such as eaves, cornices, and bay windows may project a maximum one foot into the minimum building setback as shown in Figure 18.670.1. Figure 18.670.1 Building Projection Standards Building Projection Standards 8— 1'max-projection info minimum building setbaca IIIIIIIIIIJI .4'max.projection info public right-o`-wn, 11/111111111 • ♦—3'min.depth for required weather protection 1 and 6'max.projecian into public right-of-way 8-min.vertical clearance 1 1 Pri wale property Publicright.of•wey 2. Balconies may project into the minimum building setback and public right-of- way as shown in Figure 18.320.1. Balconies may project a maximum of 4 feet into the right-of-way. Balconies that project into the right-of-way must have a minimum vertical clearance of 10 feet from sidewalk grade and are subject to approval by the City Engineer. 3. Weather protection elements, such as canopies or awnings, may project into the right-of-way a maximum of 6 feet or the minimum sidewalk width along the building frontage, whichever is less. Elements that project into the right-of-way must have a minimum vertical clearance of 8 feet from sidewalk grade and are subject to approval by the City Engineer. G. Windows. 1. Windows are required on all street-facing facades located within 35 feet of the street property line and are subject to the window area standards in Table 18.670.5. Any portion of a street-facing facade that contains vehicle parking, such as a parking structure, does not have to provide windows but must provide facade openings that meet the minimum required window area in Table 18.670.5. If required facade openings contain glass, they must meet the standards in Paragraph 18.670.080.G.3 If required facade openings do not contain glass, they may contain architectural elements that are no more than 30 percent sight-obscuring. 2. Window area is the aggregate area of the glass within each window, including any interior grids, mullions, or transoms. Facade area is the aggregate area of each street-facing vertical wall plane. 3. Required windows must be clear glass and not mirrored, frosted, or reflective. Clear glass within doors may be counted toward meeting the window coverage standard. Table 18.670.5 Minimum Window Area Story Use 1 Minimum Window Area First Story Nonresidential or Mixed-Use ° Building 50/° of facade Residential Building 30% of facade Upper Stories Nonresidential or Mixed-Use 30% of facade Building Residential Building 20% of facade (not applicable to stories with sloped roofs or dormers) H. Roofs. Roofs must have a minimum solar reflectance index of at least 64. Any roof area not meeting this standard must be constructed as an ecoroof, except where being used for mechanical equipment, stairwells, solar arrays, maintenance access, rooftop parking, rooftop decks, skylights, or mechanical equipment. 18.670.090 Additional Standards for Residential or Mixed-Use Development A. Common space is required for all apartment or mixed-use developments as provided in Subsection 18.230.040.C. B. Residential development or mixed-use development in the Design Review Subdistrict must meet the following standards. Development reviewed through a development design review application is not subject to these standards and is evaluated through the development design review process. 1. Common space must be provided and meet the standards Subsection 18.230.040.C. 2. Each dwelling unit must include private outdoor space that is directly accessible from the interior of the dwelling unit it serves. Each private outdoor space must Roof standards promote climate resilience. Common space required for all apartment or mixed-use developments in the MUC and MUR zones (code reference to the Apartments chapter). Subparagraph B applies only to residential development in the Design Review Subdistrict that is not reviewed through a development design review application. be a minimum of 48 square feet in area and a minimum of five feet in width and depth. 3. A minimum of 20% of dwelling units must be regulated as affordable housing for households at 60 percent Area Median Income (AMI). 4. Mixed-use and residential buildings must be a minimum four stories. 18.670.100 Transportation Standards A. Minimum required transportation improvements are shown on Map 18.670.B Transportation Network Map. Map 18.670.6 I I ,H I -// Future street intersection locations Washington Square Plan District II and future street and trail Transportation Network Map ----,j alignments are illustrative.All future fir::: transportation facilities are subject Transportation Facilities I to change based on development • - I I review,final design,engineering �I — Existing Street I 1 and permitting by the applicable • _ Future Street I I approval authority. —J 1—_, ,, Existing Trail or Trail Connection I II .1 -�,= •a/• Future Trail or Trail Connection I r-- t li- •••• Future Nature Trail F IM Washington Square Plan District I FL I ./f Illi II - 1 .11 I LI H�''81y4�� �` 1j11 di■� s, �' I T ---LI--.1 ■ i1 1 i – ^ r-_ 1 ,, . _ � r1 I 1 L— i 1 i r�_ P" - SW L El bbl a it —'lil-. I1111'- [ I 1 i- 1 II •/l 11r II • — r . w , • L. u ■ _ J r _ I — • -- t Ih \ — eak--St. - I-k �''i -� �'�+ 1+ r 4r. •0 , � O _ �� 1 )�� l �• - LI r /_1111=1 = J• �`allll III 1 1.!_i_, 1--'I .M — .-.--,\_ __ man —� Lr-r ill J i H —� - • ...._— • aid is R� T. a Wil! ;_. _ _j ' a I. 7+ a 4 Updated transportation map and regulations reflect updated TSP and transportation framework established through the WSRC Update Project. B. Greenburg Road. The following street design standards apply to Greenburg Road between Tiedeman Avenue and Hall Boulevard. Table 18.670.6 Street Elements and Widths Segment Location Maximum Required Elements ROW (ft) Segment A Highway 217 to 109 Sidewalks, planting strips, separated Washington Square bike lanes, and two travel lanes on both Road (south) sides of the street; center turn lane; northbound left turn lane Segment B Washington Square 103 Sidewalks, planting strips, separated Road (south) to Locust bike lanes, and two travel lanes on both Street sides of the street; southbound left turn lane Segment C Locust Street to 74.5 Sidewalks, separated bike lanes, and Washington Square one travel lane on both sides of the Road (north) street; two-way center turn lane Segment D Washington Square 79 Sidewalks, planting strips, separated Road (north) to bike lanes, and one travel lane on both Summit Drive sides of the street; two-way center turn lane Segment E Summit Drive to Hall 81.5 Sidewalks, separated bike lanes, and Boulevard one travel lane on both sides of the street; two-way center turn lane; northbound right turn lane C. Hall Boulevard. The following street design standards apply to Hall Boulevard between Highway 217 and Locust Street. 1. The maximum right-of-way width for this street is 75 feet. Additional right-of- way may be required at intersections as identified by the City Engineer. 2. The cross section must include two travel lanes; a center turn lane; and bike facilities, pedestrian facilities, and planting strips on both sides of the street. D. Oak Street. The following street design standards apply to Oak Street between Greenburg Road and Hall Boulevard. 1. The cross section for the north side of the street must be consistent with Table 18.910.1 for collector streets, except that on-street parking is allowed and no bike lane is required; and 2. The cross section for the south side of the street must be consistent with Table 18.910.1 for collector streets, except that on-street parking is allowed and a 12- foot-wide, grade-separated, multi-use path is required in lieu of a bike lane and sidewalk. E. Fee in lieu of construction (FILOC). If improvements to public transportation facilities are required for development along Greenburg Road or Hall Boulevard, the applicant may request to pay a fee in lieu of constructing the required improvements. The provisions of this Subsection do not allow the applicant to a pay a fee in lieu of dedicating any needed public right-of-way. 1. FILOC findings. If the City Engineer determines that a fee in lieu of construction satisfies one of the criteria in Paragraph 18.670.100.D.1, the city will accept a fee upon the City Engineer finding that deferring construction of required improvements will not result in any of the following. a. Safety hazards as determined by the City Engineer. b. New and significant street drainage issues as determined by the City Engineer. If the City Engineer cannot make such findings, then the city will not accept a fee and will require construction of the required improvements. 2. FILOC fees. If the City Engineer determines that required improvements are eligible for FILOC, the applicant must pay the fee in lieu of constructing the required improvements unless the city determines that the fee is not roughly proportional to the number of new trips estimated to be generated by the proposed development. The City Engineer will determine the fee based upon an estimate to construct the required improvements using the average cost of the most recent capital improvement project itemized bid prices. The applicant must pay the fee to the city prior to the issuance of any development permits. a. If full transportation facility improvements have been assessed with previous development on the site and the proposed development has additional impacts, the city may only assess additional FILOC fees when there has been a change to the city's street design standards. b. If partial transportation facility improvements have been assessed with previous development on the site and the proposed development has additional impacts, the city may assess additional FILOC fees for the balance of the improvements. c. If the applicant pays a fee in lieu of constructing the required improvements and is issued a development permit by the city but does not develop as planned, the applicant may request a refund of the FILOC fee within 3 years of payment. Any refunds are subject to the approval of the City Engineer. 2. FILOC program administration. Fees collected by the city will be used to construct public transportation facilities or to leverage additional grant money for larger transportation projects. An accounting of fees collected and expended will be made available by the city to the public on an annual basis at the end of the fiscal year. Expenditure of fees is subject to the following: Fees will be used for construction of public transportation facilities that benefit the development sites that paid the fees. Chapter 18.440 TEMPORARY USES 18.440.010 Purpose The purpose of this chapter is to establish standards for the approval of temporary uses. 18.440.020 Applicability A. Applicability. This chapter applies to all types of temporary uses listed in Section 8.440.030, unless they are exempt in Subsection 18.440.020.0 or D. B. Disclaimer. This chapter is not intended to be a way to circumvent the strict GB. Temporary uses allowed. The following temporary uses are allowed without a temporary use permit: 1. Seasonal and special events conducted exclusively by and for the benefit of a Tigard-based nonprofit organization; 2. Temporary Shelter, as an accessory use to a Religious Institution use or a Social/Fraternal Clubs/Lodges use, where the following are met: a. No more than 20 people are provided shelter at a time, b. Each stay does not exceed 30 days, and c. Temporary shelter is not provided on the property more than 90 total days in a year. 3. Garage sales; 4. Temporary construction offices in conjunction with the initial development of residential, commercial or industrial property (three or more dwelling units or lots); or 5. Seasonal and special events located entirely within the PR zone, public right- of-way, or city-owned property provided the use has received a special event permit pursuant to Tigard Municipal Code Chapter 7.48. DC. Emergency situations. The Director may waive any of the requirements in this chapter or request additional information in compliance with Chapter , Land Use Review Procedures, for cases that involve destruction of an existing structure due to fire, natural causes, or other circumstances that are beyond the control of the applicant. An emergency as allowed by this subsection does not include failure by the applicant to submit a temporary use request as provided in this chapter. 1 18.440.030 Types of Temporary Uses A. Seasonal or special event. This type of temporary use is a use that by its nature will last less than one year. Examples of this type of use are those associated with the sale of goods for a specific holiday, activity, or celebration, uses associated with construction, or seasonal use. This type of use does not apply to businesses seeking a temporary or interim location. These types of temporary uses include: 1. Use associated with the celebration of a specific holiday such as the sale of Christmas trees and fireworks; 2. Use associated with the sale of fresh fruits, produce, and flowers, including seasonal markets by a chartered public service or non-profit organization that may offer additional products and services as provided in the organization's "market rules and policies" such as landscaping plants, prepared food, animal products, and art or handcrafts assembled by the vendor; 3. Use associated with festivals or celebrations or special events; 4. Seasonal activities such as the sale of food at sports events or activities; 5. Use associated with construction such as the storage of equipment during the construction of roads or development, but not a temporary sales office or model home as provided by this chapter; and 6. Temporary fund raising and other civic activities in commercial zones. B. Unforeseen or emergency situations. This type of temporary use is a use that is needed because of an unforeseen event such as fire, windstorm, flood, unexpected health or economic hardship, or due to an eviction resulting from condemnation or other proceedings. Examples of this type of temporary use include: 1. A mobile home or other temporary structure for a residential purpose in a residential zone; 2. A mobile home or other temporary structure for a business purpose in a commercial or industrial zone; and 3. Use of an existing dwelling or mobile or manufactured home during the construction period of a new dwelling unit on the same lot. C. Temporary sales office or model home. This type of use includes a temporary sales office or offices either in a dwelling unit or in another temporary building for the purpose of facilitating the sale of real property in any subdivision or property within this city. This includes the use of one dwelling unit in a subdivision as a "model home" for purposes of showing prospective buyers. 2 D. Temporary use in commercial and industrial zones. This type of temporary use includes a temporary trailer or prefabricated building for use on any commercially or industrially zoned property within the city as a temporary commercial or industrial office or space associated with the primary use on the property. E. Food carts. This type of temporary use includes up to three food carts. 18.440.040 Approval Process A. Approval process. Temporary use applications are processed through a Type I procedure, as provided in Section 18.710.050. B. Approval period. An approval for a temporary use is valid for a period of 1 year unless otherwise stipulated by the approval. Approvals for food carts as a temporary use are valid indefinitely. C. Expiration. An approval for the temporary use will expire if: 1. Substantial construction of the approved plan or onset of the approved activity has not begun within the approval period; and 2. Construction or activity on the site is a departure from the approved plan. 18.440.050 Approval Criteria A. Seasonal and special events. The approval authority will approve or approve with conditions seasonal and special events when all of the following are met: 1 . The use occurs only once in a calendar year and for no longer a period than 30 consecutive days, except as provided in Paragraph 18.440.050.A.6; 2. The use is allowed in the applicable base zone; 3. The applicant has proof of the property owner's permission to place the use on the property; 4. There will be no parking utilized by the customers and employees of the temporary use that is required to meet the minimum parking requirements for the other uses on the property, as required by Chapter 18.41 , Off-Street Parking and Loading; 5. The use will provide adequate vision clearance, as required by Chapter 18.930, Vision Clearance Areas, and not obstruct pedestrian access on public rights-of-way; and 3 New temporary use process allows up to three food carts as a temporary use. 6. Seasonal markets are allowed in the C-G and MU-CBD zones and may operate from April through October. The applicant must provide "market rules and policies" for city approval, which are consistent with the seasonal market use description in Paragraph 18.440.030.A.2 and will be observed for the duration of the permit. Market rules and policies must include hours of operation, location, product guidelines, vendor obligations, vehicle loading or unloading, and any other applicable policies guiding the operation of the market. The city may also consider the following criteria: a. Provide documentation demonstrating adequate and safe ingress and egress exist when combined with the other uses of the property, in compliance with Chapter 18.920, Access, Egress, and Circulation; b. Provide documentation demonstrating the use will not create a traffic hazard, including coordination with ODOT if applicable; c. Provide documentation that the use will not create adverse off-site impacts related to noise, odors, vibrations, glare, or lights that would be greater than otherwise allowed by uses allowed in the base zone; and d. Signs are allowed as provided in Chapter 18.435, Signs; however, temporary signs may be approved for a period of time to correspond with the duration of the seasonal market use. B. Unforeseen or emergency situations. The approval authority will approve or approve with conditions unforeseen or emergency situations when all of the following are met: 1. The need for the use is the direct result of a casualty loss such as fire, wind storm, flood, or other severe damage by the elements to a pre-existing structure or facility previously occupied by the applicant on the premises for which the permit is sought; or 2. The use of a mobile or manufactured home on a lot with an existing dwelling unit is necessary to provide adequate and immediate health care for a relative who needs close attention who would otherwise be required to receive needed attention from a hospital or care facility; or 3. The applicant has been evicted within 60 days of the date of the application from a pre-existing occupancy of the premises for which the permit is sought as a result of condemnation proceedings by a public authority, or eviction by abatement of nuisance proceedings, or by determination of a public body or court having jurisdiction that the continued occupancy of the facilities previously occupied constitutes a nuisance or is unsafe for continued use; or 4 4. There has been a loss of leasehold occupancy rights by the applicant due to unforeseeable circumstances or other hardship beyond the foresight and control of the applicant; and 5. There exists adequate and safe ingress and egress when combined with the other uses of the property, as required by Chapter 18.920, Access, Egress and Circulation, and Chapter 18.930, Vision Clearance Areas; and 6. There exists adequate parking for the customers of the temporary use as required by Chapter 18.410, Off-Street Parking and Loading; and 7. The use will not result in congestion on adjacent streets; and 8. The use will pose no hazard to pedestrians in the area of the use; and 9. The use will not create adverse off-site impacts including noise, odors, vibrations, glare, or lights that will affect adjoining uses in a manner that other uses allowed in the base zone would not affect adjoining uses; and 10. The use can be adequately served by sewer or septic system and water, if applicable. C. Temporary sales office or model home. The approval authority will approve or approve with conditions a temporary sales office or model home when all of the following are met: 1. Temporary sales office. a. The temporary sales office must be located within the boundaries of the subdivision or property in which the real property is to be sold; and b. Sales offices approved through the provision of this chapter may not be permanent. 2. Model home. a. The model home must be located within the boundaries of the subdivision or property where the real property to be sold is situated; and b. The property to be used for a model house must be a permanently designed dwelling unit. D. Temporary use in commercial and industrial zones. The approval authority will approve or approve with conditions a temporary trailer or prefabricated building when all of the following are met: 5 1. The temporary trailer must be located within the boundaries of the property on which it is located; 2. The property to be used for a temporary trailer must already be developed; 3. There exists adequate and safe ingress and egress when combined with the other uses of the property; as required by Chapter , Access, Egress, and Circulation, and Chapter l 8.93k. , Vision Clearance Areas; 4. There exists adequate parking for the customers or users of the temporary use as required by Chapter - ' " Off-Street Parking and Loading; 5. The use will not result in congestion on adjacent streets; 6. The use will pose no hazard to pedestrians in the area of the use; 7. The use will not create adverse off-site impacts including noise, odors, vibrations, glare, or lights that will affect the adjoining uses in a manner that other uses allowed in the base zone would not affect the adjoining uses; 8. The use can be adequately served by sewer or septic system and water, if applicable; and 9. The length of time that the temporary building will be used is the maximum needed to address the hardship. E. Food carts. The approval authority will approve or approve with conditions a temporary use application for a food cart use when all of the following are met: 1. The cart is located on a property with an existing nonresidential use. 2. The cart meets the minimum setback standards for a building in the base zone in which it is located. 3. The cart does not obstruct or otherwise make unsafe any areas designed for pedestrian or vehicle movement to, from, or through the property on which the cart is located. 4. Any associated signs meet the regulations for the base zone provided in Chapter 18.435, Signs. 5. The addition of the proposed cart to the proposed location will not result in more than three food carts being present on that property. 6. The following design requirements are met: 6 Food cart regulations reflect existing Tigard food cart policy. a. The cart has wheels and the wheels remain permanently attached and functional. b. If there are permanent utilities located on site, the cart has only temporary connections to such utilities and the connections may be easily removed at any time. c. Any canopies, awnings, or other attachments on the cart are entirely supported by the cart, and are fully collapsed outside of business hours. Chapter 18.715 ADJUSTMENTS 18.715.010 Purpose The purpose of this chapter is to provide an appropriate and efficient review process for granting relief from the specific requirements of this title to allow reasonable development or restricted uses or prevent undue hardship. Adjustments are intended to provide limited flexibility for development to address the requirements of this title through alternative or innovative means. 18.715.020 Applicability A. Applicability. This chapter applies to all proposals to adjust an existing requirement of this title. All requirements, such as development or design standards, may be adjusted except as provided in Subsection 18.715.020.6 or where specifically provided for elsewhere in this title, such as in Chapter 18.660, Tigard Triangle Plan District. B. Prohibited adjustments. Adjustments are prohibited in the following situations: 1. To allow a primary or accessory use that is prohibited; 2. To change or eliminate a regulation that contains an express prohibition; 3. To change or eliminate a threshold for a review; 4. To change or eliminate any part of an approval process, including approval periods; 5. To change a definition, a method of measurement, or the description of a use category; 6. To change or eliminate any regulations in Chapter 18.510, Sensitive Lands; or 7. To change the required density for a housing type in a residential zone. 18.715.030 General Provisions A. An applicant may seek relief from the specific requirements of this title through one of two three types of adjustments. An applicant may either demonstrate that a proposed adjustment - - • - . -- - . • - e - - - - • • ' - meets the criteria for adjustments to development standards or use restrictions; 1 New adjustments process allows for new use restrictions to be adjusted. or that a hardship exists and a proposed adjustment is necessary to not preclude all reasonable economic use of the property. B. Some Plan Districts contain specific adjustment processes and approval criteria, which are evaluated separately from this chapter, as provided in Chapter 18.650, Tigard Downtown Plan District, and Chapter 18.660, Tigard Triangle Plan District. BC. Multiple adjustment proposals will be processed concurrently. (Ord. 18-28 §1) 18.715.040 Approval Process An adjustment application is processed through a Type II procedure as provided in Section 8.710.060. 18.715.050 Approval Criteria The approval authority will approve or approve with conditions an adjustment application when all of the criteria in either Subsection 18.715.050.A. e-B, or C are met. A. Criteria for e-••:• _ •: . e - -•• - _ - adjustments to development standards. 1. The proposed adjustment results in development that is generally consistent with the purpose of the development standard to be adjusted and meets one of the following:; and a. Has only minor impacts on surrounding properties or public facilities, of b. Addresses a site constraint or unusual situation, or c. Utilizes innovative design or results in sustainable development; 2. The proposed adjustment does not have a greater impact on city-designated sensitive lands than would otherwise occur if the adjustment was not approved; and 3. If the proposed adjustment addresses a site constraint or unusual situation, utilizes innovative design, or results in sustainable development, any impacts from the proposed adjustment are mitigated to the extent practicable; and 4. If more than one adjustment is proposed, the cumulative effect of all the adjustments results in development that has only minor impacts on surrounding properties or public facilities. is generally consistent with the existing 2 New language clarifies when this process should be used. development pattern of the surrounding ar and the overall-purpose of the base zone. B. Criteria for adjustments to use restrictions. 1. The proposed adjustment is generally consistent with the purpose of the base zone where the restricted use is located; 2. The proposal includes public benefits. Public benefits may include, but are not limited to, the following: a. Energy Trust Path to Net Zero certification, as demonstrated by an approved EUI number, b. On-site generation and storage of renewable power, c. Off-site improvements to active transportation facilities, d. Other similar item as determined by the Director; 3. Any impacts resulting from the adjustment are mitigated to the maximum extent practicable; 4. The proposed adjustment does not have a greater impact on city- designated sensitive lands than would otherwise occur if the adjustment was not approved; and 5. If more than one adjustment is proposed, the cumulative effect of all the adjustments and associated mitigations results in development and activity that has only minor impacts on surrounding properties or public facilities. BC. Criteria for demonstrating hardship. 1. Application of the development standard proposed for adjustment would preclude all reasonable economic use of the property; 2. The need for the proposed adjustment is the result of conditions or circumstances outside the control of the applicant or property owner; 3. The proposed adjustment results in development that equally or better meets the purpose of the development standard to be modified; and 4. Any impacts from the proposed adjustment are mitigated to the extent practicable. 3 New process allows new use restrictions to be adjusted. Approval criteria require the proposed use to demonstrate it satisfies one or more of the policies established through the Tigard MADE project. 4," Chapter 18.725 DEVELOPMENT DESIGN REVIEWS Sections: 18.725.010 Purpose 18.725.020 Applicability 18.725.030 General Provisions 18.725.040 Review Process 18.725.050 Approval Criteria 18.725.060 Conditions of Approval 18.725.010 Purpose The purpose of this chapter is to ensure specific areas of the city utilize site and building design techniques that prioritize the well-being of people and promote carbon responsible transportation options, including transit. Design review facilitates creative site and building designs that result in high quality buildings, public spaces, and active transportation facilities. 18.725.020 Applicability This chapter applies to all new development, substantial redevelopment, or modifications to development or land use approvals where development design review is either proposed or required as provided in Subsection 18.670.040.B. 18.725.030 General Provisions A. If a proposal includes a change to a use restriction provided in Subsection 18.670.050.B, the proposed change is reviewed through the development design review process. B. Where development design review is proposed or required: 1. Site development review is not required. 2. Planned development review may not be requested. 3. Conditional use applications must be processed concurrently with the design development review. 18.725.040 Review Process A development design review application is processed through a Type II procedure as provided in Section 18.710.060, using the approval criteria in Section 18.725.050. New land use application type (DDR) follows discretionary process that promotes innovative development that meets policies established through the WSRC Update Project. Approval criteria promote active transportation, dense development, and urban gathering spaces. Parking lot tree canopy, maximum parking standards, land use standards, and building height standards continue to apply but may be adjusted through this review. Development reviewed through a DDR is exempt from other site design standards and building design standards in the WSRC plan district chapter. Changes to use restrictions do not require a separate adjustments application. 18.725.050 Approval Criteria The approval authority will approve or approve with conditions a development design review application when all of following criteria are met: A. Scale. The proposed development is thoughtfully integrated with its surroundings, at an urban scale that addresses pedestrian needs and comfort within the context of the area to be developed. Single story buildings are limited to buildings with a maximum 5,000 square-foot footprint and where promoting incremental development. The proposed development provides pedestrian- scaled places with strong relationships among buildings, open spaces, and pedestrian pathways; B. Pedestrian comfort. The proposed development is designed to support pedestrian access, safety, and comfort on and adjacent to the site. The proposed development bridges or removes any pedestrian barriers and implements pedestrian-friendly designs and block lengths; C. Building design. All building facades or fences that face active transportation facilities and are intended for regular public access are visually appealing and provide design elements including facade variation and windows. Buildings incorporate exterior design and building materials that exhibit permanence and quality; D. Parking. Pedestrian paths providing access to parking areas are designed so that a visitor only needs to park once to easily and comfortably access multiple destinations on site. Development also complies with the maximum parking standards provided in Chapter 18.410, Off-Street Parking and Loading; E. Common space. The proposed development includes publicly accessible common space that is designed to encourage public gathering through the integration of features such as broad steps or benches that serve as permanent seating, stoops, fountains, or plazas. Common space is located to easily serve the site and public, and is designed to provide safety and comfort for users while promoting vibrancy and livability. F. Active transportation facilities. Active transportation facilities are designed to be comfortable and desirable facilities to use and are visually prioritized over facilities intended for use by motor vehicles. G. Transit. The proposed development appropriately accommodates transit to or through the site in ways that best serve the public and proposed users of the development. The applicant provides documentation that TriMet has reviewed and approved any changes or impacts to transit routes or facilities. H. Stormwater facilities. Stormwater facilities provide community benefits in addition to stormwater management. Stormwater facilities are vegetated and thoughtfully integrated into the development site through the inclusion of features such as seating, sculptural elements, and pedestrian paths. Stormwater facilities may be used to meet minimum common open space requirements when designed to facilitate public access. I. Sustainability and resiliency. The development incorporates sustainable and resilient site and building designs that reduce GHG emissions and operating costs, improve livability, and reduce impacts from natural hazards and disasters. J. Streets and access. The city engineer has determined that any changes to streets or access points do not result in unsafe conditions. All private streets are located within tracts and public access easements. All transportation improvements are consistent with Map 18.670.B. K. Trees. The proposed development uses trees and landscaping to create a sense of place, provide protection from the elements, and mitigate the heat island effect of urban development. Development also complies with parking lot canopy requirements as provided in Subsection 18.410.030.M. L. Flexibility Request. If the proposal includes a change to a use restriction, the change results in development that is appropriately located, designed, and scaled to preserve and promote pedestrian-scaled urban development. 18.725.060 Conditions of Approval The approval authority may impose conditions of approval that are suitable and necessary to ensure that the proposal is consistent with the purpose of this chapter as embodied by the approval criteria. Conditions may include but are not limited to the following: A. Requiring more or higher quality pedestrian-oriented architectural elements; B. Requiring more or higher quality public spaces or community amenities; C. Requiring higher quality active transportation facilities or a more robust active transportation network; D. Requiring modifications to building height, size, location, or materials; E. Requiring modifications to parking lot size or location; F. Requiring separation or screening of uses, buildings, parking lots, or service areas from public spaces or adjacent uses; G. Requiring separation or screening of private residential spaces, such as balconies, from public spaces or adjacent uses; H. Limiting or otherwise designating the size, number, or location of vehicle access points; or I. Limiting or otherwise designating the location, intensity, and shielding of outdoor lighting. OMNIBUS AMENDMENTS Chapter 18.10 LEGAL FRAMEWORK 18.10.050 Zoning A. Base zones. All land within the City of Tigard is divided into zones. The use and development of land is limited by the base zone in which the land is located. The following base zones are established in the city: Table 18.10.1 Base Zones Zone Name Zone Abbreviation Parks and Recreation PR Residential Zones Residential-A RES-A Residential-B RES-B Residential-C RES-C Residential-D RES-D Residential-E RES-E Commercial Zones Neighborhood Commercial C N Community Commercial C C General Commercial C G Commercial COM Professional/Administrative Commercial C P Mixed-Use Commercial MUC Mixed-Use Central Business District MU-CBD Mixed-Use Employment MUE Mixed Use Employment MUE 1 Mixed Use Employment MUE 2 Mixed Use Commercial MUC Mixed Use Commercial MUC 1 Mixed-Use Residential MUR MUR-1 Mixed Use Residential MUR 2 Triangle Mixed Use TMU Industrial Zones Industrial IND Industrial Park I--P I fight Ind strial Heavy Industrial I-# 1 Consolidated zones so that there is only one commercial zone, one industrial zone, and three mixed-use zones. This change reduces unnecessary complexity within the code. Chapter 18.30 DEFINITIONS 18.30.010 List of Terms E- Ecoroof -F- FAA - See Wireless Communication Facility-Related Definitions *** Food cart Food cart pod -1- *** Intensification -N- *** Nonresidential development Nonresidential use 2 Added new term: ecoroof. This term corresponds with a new development standard that requires all development to provide a solar reflectant roof or an ecoroof in order to promote climate resilience. Added new terms: food cart and food cart pod. These terms correspond with new food cart regulations based on existing policy. See also Chapter 18.440, Temporary Uses. Added new term: intensification. This term corresponds with new nonconforming use standards. Added new terms: nonresidential development and nonresidential use. These terms correspond with the way development standards are applied. -M- Mixed-use building Mixed-use development -T- Transportation-related definitions: Active transportation facility Active transportation network 18.30.020 Definitions A. "A" definitions. *** 8. Adult entertainment-related definitions: a. "Adult bookstore" - An establishment having at least 50 percent of its characterized by merchandise, items, books, magazines, other publications, films, or videotapes that are for sale, rent, or viewing on the premises and are distinguished or characterized by their emphasis on matters depicting the specified sexual activities or specified anatomical areas defined in this section. E. "E" definitions. *** 3. "Ecoroof"—A thin vegetated roof system, sometimes designed to manage stormwater, built with the following layers starting at the bottom: waterproof membrane, drainage material, a lightweight layer of soil, and a cover of plants. 34. "Egress" - An exit. 45. "Enlargement" - i - - - - - ' - _ - - - _ - - - - - _ . -, affecting the physical size of the property, structure, building, parking, or other improvements. Any physical expansion of an existing structure, construction 3 Added new terms: mixed-use building and mixed-use development. These allow for greater clarity regarding standards for new types of development. Added new terms: Active transportation facility and active transportation network. Removed reference to ratio of a business that caters to adult entertainment uses, for clarity in applying use standards. Ecoroof definition provides clarity in new standards requiring development to provide solar reflectant roofs or ecoroofs. Edited enlargement definition to more clearly describe a physical expansion of a site or structure associated with a use. Contrasted with the of a new structure, or purchase or lease of an existing structure on the same site or an adjacent lot. Enlargement also includes any increase to the size of the site through processes such as the purchase or lease of adjacent lots, lot line adjustments, or lot consolidations. Enlargement may or may not result in intensification of the use. Also see "intensification." 66. "Entrance" - The space comprising a door and any flanking or transom windows associated with a building or structure. 67. "Exception" - Permission to depart from a specific design or development standard in the Community Development Code of the City of Tigard. F. "F" definitions. *** 11. "Food cart"-A mobile food cart that is designed and licensed to be driven under its own power or pulled by another vehicle. A food cart is not a building as long as its wheels remain attached and operational. 12. "Food cart pod"- Four or more mobile food carts on the same site. .4-913. "Frontage" - That portion of a development site that abuts a public or private street. H. "H" definitions. 1. "Home occupation" - A for profit business operating located in or on the same lot as a dwelling unit and operated by a resident of that dwelling unit in a I. "I" definitions. *** 5. "Intensification"—Any operational expansion of an existing use that has more than minimal impacts on surrounding properties, sensitive lands, or public facilities. Intensification may or may not include physical enlargement. Also see "enlargement." M. "M" definitions. *** 5. "Mixed use development" - The development of a lot, building, or structure 4 new definition for intensification, which describes the expansion of the use itself. New food cart definitions distinguish between single food carts and a grouping of four or more food carts. This allows smaller number of food carts to operate more widely throughout the city by obtaining a temporary use permit, while food cart pods are allowed only where eating and drinking establishments are allowed. Edited home occupation definition for greater clarity (existing definition does not account for mixed-use development). Intensification definition added to distinguish between the physical expansion of a site (enlargement) and the expansion of the use itself (intensification). Edited language around mixed-use development so that the term always refers to a building that includes both residential and nonresidential uses. residential, office, manufacturing, retail, public, or entertainment, in a compact urban form. 5. "Mixed-use building"— See "mixed-use development." 6. "Mixed-use development"- A multi-story building with a residential use on the upper stories and civic, commercial, or industrial uses on at least the first story. N. "N" definitions. 3. "Nonresidential development"- A development that contains a civic, commercial, or industrial use and no residential uses. Also see "mixed-use development." 4. "Nonresidential use"-A civic, commercial, or industrial use as provided in Chapter 18.60. P. "P" definitions. *** 6. "Partition" - Division of a unit of land into two or three lots or tracts within a calendar year when such area of land exists as a unit or contiguous units of land under common ownership. Partitioning land does not include: T. "T" definitions. ***5. Transportation-related definitions: a. "Active transportation facility"-A transportation facility that is designed to accommodate pedestrians, bicyclists, or transit users and not located within or across a typical street cross section, such as a sidewalk, bicycle lane, or crosswalk. Typical active transportation facilities include public sidewalks, trails, paths, and other related improvements such as transit stations, mid-block street crossings, enhanced street crossings, and end-of-trip accessory facilities such as bicycle parking. b. "Active transportation network"—A series of connected active transportation facilities for travel to, from, and within the city and large development sites. The active transportation network is inclusive of established transit routes since most transit users start and end their trips as pedestrians. 5 Using the term this way makes for much simpler and clearer use and development standards. The new nonresidential development definition allows for better distinguishing between nonresidential, mixed-use, and residential development. Edited partition definition for clearer application of the code. New definitions for active transportation facility and active transportation network allow for simpler references to facilities and systems focused on non-auto-oriented travel modes. ac. "Alley" - A minor way that is used primarily for vehicular service access to the back or side of properties otherwise abutting on a street. bd. "Bike lane" - Lanes on an improved street that are designated for use by bicyclists and separated from vehicular traffic either by striping or small concrete barrier. ee. "Bikeway" - A path, paved and separated from streets and sidewalks, designed to be used by cyclists. df. "Path" - A paved off-street transportation facility for pedestrians and bicyclists that provides connections within, through, or between developments within a single block or for short distances. eg. "Right-of-way" - A strip of land occupied or intended to be occupied by a street, crosswalk, pedestrian and bike paths, railroad, road, electric transmission line, oil or gas pipeline, water main, sanitary or storm sewer main, street trees or other special use. The usage of the term right-of-way for land division purposes means that every right-of-way hereafter established and shown on a plat or map is to be separate and distinct from the lots adjoining such right-of-way and not included within the dimensions or areas of such lots. fh. "Road" - See "Street." gi. "Sidewalk" - A paved on-street transportation facility for pedestrians. hl. "Street" - A public or private accessway that is created to provide ingress or egress for vehicles to three or more lots, excluding a private way that is created to provide ingress or egress to such land in conjunction with the use of such land for forestry, mining, or agricultural purposes. Interstate 5 and Highway 217 are not considered streets. Also see "right-of-way." ik. "Trail" - A paved off-street transportation facility for pedestrians and bicyclists that spans multiple developments, lots, or blocks. They are often located next to other linear corridors such as streams, highways, or rail lines and allow users to travel greater distances than paths. Chapter 18.110 RESIDENTIAL ZONES 18.110.030 Land Use Standards A. General provisions. A list of allowed, restricted, conditional, and prohibited uses in residential zones is provided in Table 18.110.2. If a use category is not listed, see Section 18.60.030. 6 Clarification in street definition allows for easier application of the code. 1. Allowed (A). Uses that are allowed, subject to all of the applicable provisions of this title. 2. Restricted (R). Uses that are subject to the special requirements, exceptions, or restrictions provided in Subsection 18.110.030.8. allowed 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 Use. 4. Prohibited (P). Uses that are not allowed under any circumstance. Table 18.110.2 Use Table Use Categories RES-A RES-B RES-C RES-D RES-E Residential Use Category Residential Use A A A A A Civic Use Categories Basic Utility Utilities [1} R/C R/C R/C R/C R/C Cemetery P C C P P Detention Facility P P P P P Colleges G C G G G -- - _ C C C C C Cultural Institutions P � NG NG NG C/^ C/^ P/^ Day Care [`)1 NC ASC Emergency Services C C C P -P Government Services C C C C C Railroad Yard P P P P P School or Religious Facility R/C R/C R/C R/C R/C Medical Centers P G G G G Postal Service P P P P P Religious Institutions _ C C C C C Schools [3} C C C C C -- - ' - - - - --- P P P C C Temporary Shelter P P P C C Transportation and Utility C C C C C Corridor Wireless Communications A/R A/R A/R A/R A/R Facility Commercial Use Categories Adult Entertainment P P P P P Animal Related Commercial P P P P P 7 Changed the way use restrictions are referred to so that footnotes are no longer needed. Made changes to the table to reflect the change in use category names. No actual changes to use standards has been made. Table 18.110.2 Use Table Use Categories RES-A RES-B RES-C RES-D RES-E Bulk Sales P P P P P Commercial Lodging P P P P P Custom Arts and Crafts P P P P P Eating anrd Drinking P P P P P Establishment: Indoor Entertainment P PPP P Indoor Sales and Services R R R R R Major Event Entertainment [41 R/C R/C R/C R/C R/C Mobility Hub C C C C C Motor Vehicle Fuel Sales P P P P P Motor Vehicle Sales and/Rental P P P P P Motor Vehicle Servicing P P P P P Servicing /Repair Non-Accessory Parking P P PR R Office P P P P P Outdoor Sales and Services P P P P P Outdoor Entertainment P PPP P Outdoor Sales P PPP P Personal Service: P P P P R[6} Repair Oriented Retail P P P P R[6} Sales Oriented Retail P P P P P{61 Self-Service Storage P P P P P Vehicle Fuel Sales P P P P P Industrial Use Categories General Industrial P P P P P Heavy Industrial P P P P P Industrial Services P P P P P Light Industrial P P P P P Railroad Yards P P P P P • - - `- . __ •- • P P P P P Industrial and Manufacturing P P P P P Off-Site Services P P P P P Warehouse and Distribution P P P P P /Freight Movement Waste-Related Facility P P P P P Wholesale and Equipment P P P P P Rental Other-Use-Categories Cemeteries P 0 0 P P Detention Facilities P P P P P 8 Table 18.110.2 Use Table Use Categories RES-A RES-B RES-C RES-D RES-E Heliports p P p p p Mining P P p p p Transportation/Utility Corridors C C C C C . ' - - __ • • _ _ A/R A/R A/R A/R AIR Facilities [7} A=Allowed R=Restricted C=Conditional Use P=Prohibited B. RES zone use restrictions. 1. Basic Utility. a. Above-ground public and private utility facilities proposed with development and underground public and private utility facilities are allowed. b. Standalone above-ground public and private utility facilities not proposed with development, including standalone solar arrays, are conditionally allowed. 2. School or Religious Facility. a. This use is conditionally allowed. b. School bus parking on public high school sites is allowed as an accessory use if located a minimum of 200 feet from the nearest property line abutting a residential use. 3. Wireless Communications Facility. See Chapter 18.450, Wireless Communication Facilities, for allowed and restricted facilities. 4. Indoor Sales and Services. a. Family day care is allowed. Other day care uses are conditionally allowed. b. All other Indoor Sales and Services uses are prohibited, except in the RES-E zone where they are limited to the first story of apartment developments and maximum gross square footage of 10% of the building. Developments utilizing this provision are considered residential development, not mixed-use development, for the purposes of this title. 5. Major Event Entertainment. This use is conditionally allowed on public school sites. All other major event entertainment uses are prohibited. 6. Non-Accessory Parking. Park-and-ride and other transit-related facilities are conditionally allowed. All other Non-Accessory Parking uses are prohibited. 9 Removed footnotes and changed to new structure that reflects the structure throughout the rest of the updated code. This change makes the code easier to read and implement but does not change the actual use standards or restrictions currently in place for residential zones. {1] Above ground public and private utility facilities proposed with development and underground public and private utility facilities are allowed. Standalone above ground conditionally. [ {'I] Allowed conditionally on public school sites. {5] Only park and ride and other transit related facilities are allowed conditionally. {6] Limited to first story of apartment developments and maximum square footage of 10% of the building. Developments utilizing this provision are considered residential development, not mixed use development, for the purposes of this title. BC. Development standards. The standards for residential development in residential zones are located in the applicable housing type chapter in 18.200 Residential Development Standards. The standards for nonresidential development in residential zones are located in Chapter 18.350, Residential Zone Development Standards, and the applicable plan district chapter, if any. 18.110.040 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 residential zones is provided in Table 18.110.3. 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. 10 standards and provisions of the applicable development standards chaptcr, which is indicated in parentheses in the first column of Table 18.110.3 D. All allowed housing types may be built on site or brought to the site as a manufactured home. C. All housing types are subject to the standards and provisions of the applicable development standards chapter or applicable plan district chapter, if any. The applicable chapter for each housing type is provided in Table 18.110.3. D. All allowed housing types may be built on site or manufactured off site. Table 18.110.3 Housing Types Housing Types applicable RES-A RES-B RES-C RES-D RES-E Chapter Accessory Dwelling Units 18.220 Y Y Y Y N {18.220) Apartments {18.230) 18.230 N N N Y Y Cottage Clusters {18.2110) 18.240 Y Y Y Y N Courtyard Units (18.250) 18.250 Y Y Y Y N Mobile Home Parks 18.260 N L[1] Y Y Y (18.260) Quads {18.270) 18.270 Y Y Y Y N Rowhouses {18.280) 18.280 L[2] L[2] L[2] Y Y Small Form Residential 18.290 Y Y Y Y N {18.290) Mixed-Use Development NA N N N N N Y=Yes, Allowed L=Limited, see footnotes N=No, Prohibited Chapter 18.140 PARKS AND RECREATION ZONE 18.140.040 Land Use Standards A. General provisions. A list of allowed, restricted, conditional, and prohibited uses in the PR zone is provided in Table 18.140.1. If a use category is not listed, see Section 8.60.030. 1. Allowed (A). Uses that are allowed, subject to all of the applicable provisions of this title. 11 Wording associated with housing types has been edited for clarity. Added new mixed-use development housing type as reflected elsewhere in the code. 2. Restricted (R). Uses that are subject to special requirements, exceptions, or restrictions as provided in Subsection 18.140.030.8. 2. 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. 3. Prohibited (P). Uses that are not allowed under any circumstance. Table 18.140.1 Parks and Recreation Zone Use Standards Use Categories Use Type PR Residential Use Category Residential Use L P Civic I Institutional Use Categories Basic Utility Utilities R/C {�} Cemetery P Detention Facility P Colleges P Community Service A/C [2] Cultural Institutions C Day Caro P Emergency Services P Government Services C Railroad Yard P School or Religious Facility P Medical Centers P Postal Service P Religious Institutions P Schools C [3][4} -- - - - - - - --- P Temporary Shelter P Transportation and Utility Corridor R Wireless Communications Facility R Commercial Use Categories Adult Entertainment P Animal Related Commercial P 12 Table 18.140.1 Parks and Recreation Zone Use Standards Use Categories Use Type PR Bulk Sales P Commercial Lodging P Custom Arts and Crafts P Indoor Entertainment P Indoor Sales and Services R Major Event Entertainment C Mobility Hub C Motor Vehicle Fuel Sales P Motor Vehicle Sales and/Rental P Motor Vehicle Servicing and/Repair P Non-Accessory Parking P Office RC [4] Outdoor Sales and Services R Outdoor Entertainment C Outdoor Sales C[4} Personal Services P Repair Oriented Retail P Sales Oriented Retail C[4} Self-Service Storage P Vehicle Fuel Sales P Industrial Use Categories General Industrial P Heavy Industrial P Industrial Service P Light Industrial P Railroad Yards P Research and Development P Industrial and Manufacturing Off-Site Services P Warehouse and Distribution /Freight P Movement Waste-Related Facility P Wholesale and Equipment Rental P Other-Use-Gate-go-ries 13 Table 18.140.1 Parks and Recreation Zone Use Standards Use Categories Use Type PR Cemeteries P Detention Facilities P Heliports P MiningP Transportation/Utility Corridors C-[5] �. ' - - -- • • - - - - - A/C [6} A=Allowed C=Conditional Use P=Prohibited underground public and private utility facilities are allowed. Standalone above ground conditionally. [2] See Subsections 18.140.040.B and C for use type determination. _ ['1] Allowed only when accessory to a Community Service use. [5] Multi use trails are allowed, all other uses are conditional. [6] See Chapter ' - - __ • • _ ' ' - _ _ .' -••-- B. PR zone use restrictions: 1. Basic Utility. a. Above-ground public and private utility facilities proposed with development and underground public and private utility facilities are allowed. b. Standalone above-ground public and private utility facilities not proposed with development, including standalone solar arrays, are conditionally allowed. 2. Transportation and Utility Corridor. Active transportation facilities are allowed, all other uses are conditionally allowed. 14 3. Wireless Communications Facility. See Chapter 18.450, Wireless Communication Facilities, for allowed and restricted facilities. 4. Indoor Sales and Services. This use is allowed only when accessory to a Government Services use. 5. Office. This use is allowed only when accessory to a Government Services use. 6. Outdoor Sales and Services. This use is allowed only when accessory to a Government Services use. CB. Allowed development. When associated with a Government Services Community Service use, the following types of development are allowed provided it complies with the development standards and other regulations of this title. Site development review is not required for the types of development listed below. All other applicable land use reviews apply. _DG. Development subject to conditional use review. The following types of development are allowed subject to conditional use permit approval, as provided in Chapter 18.740, Conditional Uses. Chapter 18.210 RESIDENTIAL GENERAL PROVISIONS 18.210.040 Solar Installations A. Accessory solar equipment. 1. Solar panels and energy storage systems that are accessory to a primary use, such as solar roofs, solar carports, ground-mounted solar installations smaller than 528 square feet, or solar batteries are allowed. 2. Accessory solar equipment as described in Paragraph 18.210.040.A.1 is exempt from maximum height, maximum lot coverage, and minimum or maximum setback requirements as provided elsewhere in this title. B. Basic Utility. Standalone solar panel arrays on a site without other development are considered a Basic Utility as defined in Chapter 18.60.050. Chapter 18.270 QUADS 18.270.040 Clear and Objective Standards 15 Added new clarifications regarding solar installations. Part of the city's effort to achieve Solsmart gold designation. Table 18.270.1 Development Standards for Quads Standard RES-A and RES- RES-C and RES- MUR-M-1.1-1R-1-and B D AUR-Z Minimum Setbacks (ft) - Front 15 10 None - Street side 15 10 None - Side 5 5 5 - Rear 15 15 15 Maximum Setbacks (ft) - Front 20 15 10 - Street side 20 15 10 Maximum Height (ft) 30 35 35 Maximum Lot 80% 80% 80% Coverage Minimum Landscape 20% 20% 20% Area E. Parking. The provisions and standards of Chapter 18.410, Off-Street Parking and Loading, apply. The following additional standards also apply: 1. Number of spaces. The maximum number of allowed off-street vehicle parking spaces is provided in Table 18.270.2. Table 18.270.2 Quad Vehicle Parking Maximums by Zone RES-A RES-C RES-D MUR MUR- and RES- I-and B M-U-R--2 Maximum off-street vehicle parking 5 4 4 4 spaces Chapter 18.280 ROWHOUSES 18.280.020 Applicability A. The standards of this chapter apply to rowhouse development in the RES-A, RES- B, RES-C, RES-D, RES-E, MUC, and MUR MUR 1, and MUR 2 zones. Additional standards apply in the River Terrace Plan District, as provided in Chapter 18.640, River Terrace Plan District. An applicant may elect to apply the standards of Chapter 18.230, 16 Apartments, when proposing rowhouse development in base zones where apartment development is allowed. B. Rowhouse development in the MUC 1 zone Bridgeport Village Plan District is subject to the standards of Chapter 18.620, Bridgeport Village Plan District. C. This chapter does not apply to rowhouse development in the MU-CBD and TMU zones. Rowhouse development in these zones is subject to the approval processes and standards of Chapter 18.650, Tigard Downtown Plan District, and Chapter Tigard Triangle Plan District, respectively. Chapter 18.310 NONRESIDENTIAL GENERAL PROVISIONS 18.310.040 Solar Installations A. Accessory solar equipment. 1. Solar panels and energy storage systems that are accessory to a primary use, such as solar roofs, solar carports, ground-mounted solar installations smaller than 528 square feet, or solar batteries are allowed. 2. Accessory solar equipment as described in Paragraph 18.310.040.A.1 is exempt from maximum height, maximum lot coverage, and minimum or maximum setback requirements as provided elsewhere in this title. B. Basic Utility. Standalone solar panel arrays on a site without other development are considered a Basic Utility as defined in Chapter 18.60.050. Chapter 18.350 RESIDENTIAL ZONE DEVELOPMENT STANDARDS 18.350.050 Design Standards D. Materials. 1. The following materials are prohibited as exterior finish materials: a. Vinyl PVC siding, b. T-111 plywood, c. Exterior insulation finishing (EIFS), d. Corrugated metal, 17 e. Plain concrete er ^^v, conrcrete block, f. Spandrel glass, or g. Sheet pressboard. Chapter 18.410 OFF-STREET PARKING AND LOADING 18.410.060 Vehicle and Bicycle Parking Quantity Standards Table 18.410.3 Use Category Vehicle Maximum Bicycle Minimum Residential-U„c See applicable housing type development standards chapter in 18.200. The residential componcnt of a mixcd use development must use the parking Civic/Institutional Use Categories Basic Utilities None None Colleges 1.0/3.3 1 .0/3.0 students/staff students/staff Community Services 2.5/1,000 0.3/1,000 Cultural Institutions 3.5/1,000 1.0/1,000 Day Care Home: None Home: None Commercial: Commercial: 2.7/1,000 1.5/classroom Emergency Services 3.5/1,000 0.5/1,000 Medical Centers 2.7/1,000 0.2/1,000 Postal Services 3.0/1,000 0.3/1,000 Religious Institutions 1.0/1.7 seats in 1.0/20 seats in main main assembly assembly area arca Schools Preschool: Preschool: 7.0 +1.0/classroom 1.0/classroom Elementary/JR: Elementary/JR: 18 Edited parking table to reflect new use category names. No other changes to parking maximums have been made. Table-1-8411M Use Category Vehicle Maximum Bicycle Minimum 2/clas&eon4 6.0/classroom SR: SR: 1.0/3.3 6.0/classroom students/staff _e. . - _ . _ _._- 12.0/1,000 main 2.0/1,000 main assembly area assembly area Temporary Shelter Nonc 1.0/5 beds Commercial Use Categories Adult Entertainment 3.5/1,000 0.5/1,000 1.0/1.25 s ats 1 .0/20 s ats Animal Related Commercial 4.0/1,000 0.3/1,000 Bulk Sales 1.3/1,000 0.3/1,000 Commercial Lodging 1.2/room 1 .0/10 rooms Custom Arts and Crafts 5.0/1,000 0.3/1,000 Eating and Drinking Establishments [11 Fast food: All: 1.0/1,000 17n�0 Other: 19.1/1,000 Indoor Entertainment 5.'1/1,000 0.5/1,000 Theater: 1.0/2.5 Theater: 1.0/10 seats seats Major Event Entertainment 1.0/2.5 seats or 1.0/10 seats or 40 ft 1.0/5 ft of bench of bench Motor Vehicle Sales/Rental 1.3/1,000 but no 0.2/1,000 sales area less than 'I Motor Vehicle Servicing/Repair 2.3/1,000 but no 0.2/1,000 less than 'I e- - e . •. _ None None Office Non medical: Non medical: 3.'1/1,000 0.5/1,000 Medical• n Sir 000 Medical: 0.4/1,000 Outdoor Entertainment 4.5/1,000 0.4/1,000 Outdoor Sales 1.3/1,000 sales 0.1/1,000 sales area arca Personal--Se ices 3.0/1,000 All: 1.0/1,000 19 Table-1-8411M Use Category Vehicle Maximum Bicycle Minimum Bank with drive through: 5.0/1,000 Repair-Oriented Retail /1.0/1,000 0.3/1,000 Sales Oriented Retail 5.0/1,000 0.3/1,000 Self Service Storage 1.0/4 storage units 1 .0/40 storage units Vehicle Fuel Sales /1.0 + 2.0/service 0.2/1,000 bay Industrial Use Categories General Industrial Nene 0.1/1,000 Heavy Industrial None 0.1/1,000 Industrial Services 1.2/1,000 0.1/1,000 Light Industrial None 0.1/1,000 Railroad Yards None None Research and Development 3.0/1,000 0.5/1,000 Warehouse/Freight Movement <150,000 sq ft: All: 0.1/1,000 0.8/1,000 X150,000 sq ft: 0. 1/1,000 Waste Related 7.0 None Wholesale Sales 1.2/1,000 0.1/1,000 Other Use Categories e _ _ - - e •' _ _ None None Cemeteries None None Detention Facilities None 1.0/2.5 beds Heliports None None Mining None None Transportation/Utility Corridors None None , ' - - _e•• • _ . 'e- ' ' - None None Table 18.410.3 Vehicle and Bicycle Parking Quantity Standards Parking space standards are calculated using the floor area for each use in a development unless otherwise stated. Use Category Vehicle Maximum Bicycle Minimum Residential Use See applicable housing type development standards cha•ter in 18.200. The residential 20 component of a mixed-use development must use the parking requirements for apartments. Basic Utility None None Cemeteriesy None None Detention Facilitiesy None 1.0/2.5 beds Government Services 3.4/1,000 0.5/1,000 Railroad Yard None None School or Religious Facility - Schools Preschool: Preschool: 7.0 +1.0/classroom 1.0/classroom Elementary/JR: Elementary/JR: 2.5/classroom 6.0/classroom SR: SR: 1.0/3.3 students/staff 6.0/classroom - Religious 1.0/1.7 seats in main 1.0/20 seats in main institutions Facility assembly area assembly area Temporary Shelter None 1.0/5 beds Transportation and None None Utility Corridor Wireless None Communications None Facility Adult Entertainment 3.5/1,000 0.5/1,000 1.0/1.25 seats 1.0/20 seats Commercial Lodging 1.2/room 1.0/10 rooms Indoor Sales and Services - Sales and 5.0/1,000 0.3/1,000 Repair-Oriented 21 - Personal 3.0/1,000 1.0/1,000 Services-Oriented -- Bank with 5.0/1,000 1.0/1,000 Drive Through --Colleges 1.0/3.3 students/staff 1.0/3.3 students/staff -- Daycare Home: None Home: None Commercial: 2.7/1,000 Commercial: 1.5/classroom - Entertainment- 5.4/1,000 0.5/1,000 Oriented -- Eating Fast food: 12.4/1,000 All: 1.0/1,000 and Drinking Other: 19.1/1,000 -- Movie 1.0/2.5 seats 1.0/10 seats Theater Major Event 1.0/2.5 seats or 1.0/5 ft 1.0/10 seats or 40 ft of Entertainment of bench bench Mobility Hub 4.0 + 2.0/service bay 0.2/1,000 Motor Vehicle Fuel 4.0 + 2.0/service bay 0.2/1,000 Sales Motor Vehicle Sales and 1.3/1,000 but no less 0.2/1,000 sales area Rental than 4 Motor Vehicle Servicing 2.3/1,000 but no less 0.2/1,000 than 4 Non-Accessory Parking None None Office Non-medical: 3.4/1,000 Non-medical: 0.5/1,000 Medical: 4.9/1,000 Medical: 0.4/1,000 Outdoor Sales and Services - Outdoor Sales, 1.3/1,000 sales area 0.1/1,000 sales area Personal Services, and Repair-Oriented 22 - Outdoor 0.4/1,000 Entertainment-Oriented 4.5/1,000 Self-Service Storage 1.0/4 storage units 1.0/40 storage units Industrial and None 0.1/1,000 Manufacturing Off-Site Services 0.1/1,000 1.2/1,000 Warehouse and <150,000 sq ft: 0.8/1,000 All: 0.1/1,000 Distribution >150,000 sq ft: 0.4/1,000 Waste-Related Facility 7.0 None Wholesale and 1.2/1,000 0.1/1,000 Equipment Rental Chapter 18.435 SIGNS 18.435.090 Special Condition Signs C. Electronic information signs. 1. Electronic information signs are allowed only in the C GCOM, MUC, TMU, and MU-CBD zones, and at schools that front an arterial street provided the sign is a minimum of 200 feet from an abutting residential use and is oriented to the arterial street. D. Freestanding freeway-oriented signs. 1. For signs requiring a permit under the Oregon Motorist Information Act, the city will provide the applicant the affidavits required under the provisions of ORS 377.723 only after a local sign permit has been approved. 2. Freeway-oriented signs are allowed only in the C GCOM, MUE, TMU, and IND I P, I L and I H zones. 18.435.130 Base Zone Regulations 23 Changes to the sign code have been made in order to reflect changes to zones. Sign code should continue to apply generally the same as it does today. B. COM zone. C-G and MUE zones. Signs other than the following are prohibited in the C G and MUE zones COM zone: C. C P MUE zone. Signs other than the following are prohibited in the C P MUE zone: . , C zones: 1. Freestanding signs are allowed, subject to the following limitations and conditions: a. One multi faced freestanding sign is allowed per premises, b. A reader board assembly may be an integral part of the freestanding sign, c. The maximum square footage of freestanding signs is 32 square feet per . d. The sign area may be incrq,ased one square foot for ach lin I foot the sign is moved back from the front property line to which the sign is adjacent. If the street is curbed and paved the measurement is taken from a point that is 15 feet from the pavement. This increase in sign area is limited to a maximum - -- e- - e e e .. - -- e - of way is 20 feet. Height may be increased 1 foot for each 10 feet of setback 2. Wall signs are allowed, subject to the following limitations and conditions: a. Wall signs, including illuminated reader board signs, may be erected or . . - which the sign is to be mounted, b. Wall signs must be parallel to the face of the building upon which the sign is located and , c. If it is determined through the site development review process that the wall sign's visual appeal and overall design quality would be served, an additional 50 percent of the sign area may be allowed. Ne-ce +s allowed in 24 the additional are es of this subsection, "copy" includes symbols, logos, and letters; 3. Directional signs on private property designed solely to identify driveway - -- - . . comply with Chapter , Vision Clearance Areas; /1. Temporary signs in compliance with Sections 18.435.090 and 18A35.10( are allowed; . - • . 9-1 A - - allowed; 6. Special condition signs in compliance with Section are allowed; and 7. Awning signs, flush pitched "roof" signs, and painted wall signs are allowed. ED. Industrial zones. Signs other than the following are prohibited in the IND zone: I- P, I L, or I H zones: FE. Additional requirements in the COM, MUE, and IND commercial and industrial - _ -- . - .- _ _ E P . -e k,4 _ zones. If it is determined through the site development review process that a sign's visual appeal and overall design quality would be served while maintaining the intent and purpose of this chapter, an additional 50 percent of the allowable sign area and 25 percent of sign height may be allowed. No copy is allowed in the additional area or height. For purposes of this subsection the word "copy" includes symbols, logos and figures, as well as letters. 6. Shopping centers in the -C-G COM zone are entitled to freestanding signage according to the following optional standards: GE. MU-CBD, and TMU, MUC, and MUR zones. The following signs are allowed in the TMU, MUC, MUR, zones and the MU-CBD zone, except that MU-CBD zoned properties located west of Fanno Creek within the Fanno-Burnham Subarea of the Tigard Downtown Plan District are subject to the residential zone sign standards in Subsection 18.435.130.A and MU-CBD zoned properties north of Pacific Highway or with frontage on Pacific Highway or Hall Boulevard are subject to the -C-G COM zone sign standards in Subsection 18.435.130.B. MG. _ _ - e-- - _ _ - ED . _ _ e-- Bridgeport Village Plan District Standards. Sign standards for the Bridgeport Village Plan District are located MUE 1, MUE 2, MUC, MUC 1, and MUR zones arc located in their respective plan districts in Chapter 18.620, Bridgeport Village Plan District, and Chapter 18.670, Washington Square Regional Center Plan District. 25 Chapter 18.450 WIRELESS COMMUNICATION FACILITIES 18.450.030 Uses Allowed D. Towers in the IND zone I-L and I H zones. Locating a tower of any height, including antennas, other supporting equipment, and accessory equipment shelters, is allowed in the IND zone I L and I-H zones, provided that such a tower is set back from any existing off-site residence by a distance equal to the height of the tower. Any accessory equipment shelter must comply with the development standards of the applicable development standards in Chapter 18.200 Residential Development Standards or 18.300 Nonresidential Development Standards. Towers in the right-of-way are subject to either the small cell standards of Subsection 18.450.030.E or the site development review process of Section 18.450.040. 18.450.040 Uses Allowed Subject to Site Development Review A. Uses allowed. The following uses are subject to approval through a site development review as provided in Chapter 18.780, Site Development Review, using the standards of Subsection 18.450.040.B as approval criteria: 1. Towers in commercial zones and the I P zonc. A tower, including antennas, other support equipment, or accessory equipment shelters, in any commercial or I P zonc, provided that such a tower is set back from any existing off-site residence by a distance equal to the height of the tower. 18.450.050 Uses Allowed Subject to Conditional Use Review A. Uses allowed. The following uses are subject to approval through a conditional use review, as provided in Chapter 18.740, Conditional Uses, using the standards in Subsection 18.450.050.B as approval criteria: 3. Towers in excess of 100 feet for a single user and 125 feet for multiple users except those located in the IND zone I L and I H zones, which are allowed as provided in Subsection 18.450.030.D. 18.450.060 Collocation Protocol C. Pre-application requirement. A pre-application conference is required for all proposed freestanding towers except those in the IND zoncl L and I H zoncs, which are allowed. Chapter 18.520 SIGNIFICANT TREE GROVES 18.520.060 Flexible Standards 26 Changes to the wireless code have been made to reflect changes to zones. Changes reflect changes to zones. C. Commercial development. Adjustments to commercial development standards in Table 18.320.1 of up to 50% reduction in minimum setbacks and up to 20 feet additional building height are allowed provided that: 1. At least 50% of a significant tree grove's canopy within a development site is preserved; 2. The project arborist or landscape architect certifies the preservation is such that the connectivity and viability of the remaining significant tree grove is maximized while balancing the significant tree grove preservation considerations in the Urban Forestry Manual; 3. Applicable screening standards in Section 18.420.050 are met; and /I. Maximum floor area ratio is not exceeded in the MUE zone as provided in Table 18.320.1; and 54. Any setback reduction is not adjacent to a residential zone. E. Residential development. The requirement for 15% effective tree canopy cover per lot or tract in the R 1, R 2, R 3.5, R 4.5, and R 7 RES-A, RES-B, and RES-C zones is not required provided that: Chapter 18.620 BRIDGEPORT VILLAGE PLAN DISTRICT 18.620.010 Purpose The purpose of this chapter is to recognize and accommodate the changing commercial and residential marketplace by allowing commercial and residential mixed uses in the approximately 7-acre portion of the Bridgeport Village site that is within the City of Tigard as shown on Map 18.620.A. in the Mixed Use Commercial (MUC-1) zone. Retail, office, business services, and personal services are emphasized, but residential uses are also allowed. A second purpose is to recognize that when developed under certain regulations, commercial and residential uses may be compatible in the MUC 1 zone. 18.620.020 Applicability B. Conflicting standards. The Bridgeport Village Plan District is zoned Mixed-Use Commercial (MUC). In addition to other applicable standards of this title, the following standards apply to all development located within the Bridgeport Village Plan District within the MUC 1 zonc. The standards and requirements in this chapter govern in the event of a conflict. 27 Changes reflect elimination of the MUC-1 zone. No impact to regulations. 18.620.030 Uses Allowed, restricted, conditional, and prohibited uses within the MUC MUC 1 zone are provided in Table 18.120.1. 18.620.040 Development Standards A. Compliance. Development must comply with the following applicable development standards, except where adjustments are granted in compliance with the intergovernmental agreement between Tigard and Tualatin. B. Development standards. 18.620.050 Signs Signs. In addition to the requirements of Chapter 18.43E, Signs, the following standards must be met: A. Residential-only developments -.- -- 0 - _ e-- must meet the sign requirements for the residential zones, Subsection 18.435.130.A; nonresidential development within the MUC 1 zone must meet the requirements of the C P MUC zone, Subsection 18.435.130.C. Sign area increases are prohibited. B. The maximum height limit for all signs except wall signs is 10 feet. Wall signs are not allowed to extend above the roof line of the wall on which the signs are located. Height increases are not allowed. C. Freestanding signs are prohibited within the required S-4 screening. Chapter 18.630 DURHAM ADVANCED WASTEWATER TREATMENT FACILITY PLAN DISTRICT 18.630.030 Uses General Provisions. A list of allowed, restricted, conditional, and prohibited uses in each subdistrict is provided in Table 18.630.1. The use categories in Chapter 6.. , Use Categories, that are not listed in Table 18.630.1, are not allowed within the plan district. Unanticipated or omitted uses are subject to the provisions of Section 18.60.030. A. Allowed (A). Uses that are allowed subject to all of the applicable provisions of this title. B. Restricted (R). Uses that are subject to allowed provided they are in compliance with special requirements, exceptions, or restrictions provided in Subsection 18.630.030.E. 28 Changes reflect changes to zone names, use category names, and structural changes throughout. No impact to regulations. C. Conditional (C). Uses that require the approval of Hearings Officer using discretionary criteria. The approval process and criteria are as provided in Chapter 18.740, Conditional Uses. D. Prohibited (P). Uses that are not allowed under any circumstance. Table 18.630.1 Use Table Subdistricts Use Category Administrative Operations Floodplain Subdistrict Subdistrict Subdistrict Waste-Related Facility P A P Office A A P Basic Utilities A A A Transportation and/Utility A A A Corridors Industrial Off-Site Services RICH A P General Industrial Industrial and P R[21 P Manufacturing Community Services A A A Wireless Communication A A A Facilityies A=Allowed R=Restricted C=Conditional Use P=Prohibited - - cc. r 4. - e, • facility and utilizing raw materials recovered, diverted, or produced by the collection and treatment of wastewater. E. Plan district use restrictions. 1. Off-Site Services. This use is restricted to support facilities that are clearly accessory to and support the wastewater treatment facility and are conducted entirely indoors with the exception of parking. Support facilities are conditionally allowed within the administrative subdistrict. 2. Industrial and Manufacturing. This use is restricted to industrial uses that are clearly accessory to the wastewater treatment facility and utilizing 29 raw materials recovered, diverted, or produced by the collection and treatment of wastewater. Chapter 18.640 RIVER TERRACE PLAN DISTRICT 18.640.050 Commercial Development Standards Development in the C C MUC zone is subject to the land use and development standards in Chapter 18.120, Commercial Zones, and Chapter 18.320, Commercial Zone Development Standards, except where an adjustment has been approved as provided by Chapter 18 , Adjustments, or Subsection 18.640.660.D. 18.640.070 Planned Developments B. Housing types. In addition to Paragraph 18.770.030.1.2, all housing types may be allowed in the C C MUC zone where appropriately located, designed, and scaled. Any proposed housing must meet the applicable standards of this chapter and the applicable housing type chapter in 18.200 Residential Development Standards, except as adjusted through the planned development approval process. 18.640.080 Street Design B. Commercial collector. The following street design standards apply to the commercial collector as shown in Figure 18.640.8. These standards apply to the collector street located in the C-C MUC zone. The general location of the commercial collector is shown on Map 18.640.B, which is located at the end of this chapter. Chapter 18.650 TIGARD DOWNTOWN PLAN DISTRICT 18.650.030 Approval Process A. Procedures. 1. Type 1 site downtown development review. Downtown development review aApplications for development or modifications that meet the thresholds of Paragraph 18.650.030.B.1 arc proccsccd 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 sitedowntown development review. Downtown development review aApplications for development or modifications that meet the thresholds of Paragraph 18.650.030.B.2 are processed through a Type II procedure, as provided in Section 18.710.060, using the approval criteria in Subsection 18.650.040.B. 3. Downtown adjustment. Downtown adjustment applications are processed concurrently with a sitedowntown development review, through a Type II 30 Changes reflect the elimination of the downtown development review application, which currently works more like a site development review, and opens up the DDR acronym for use by the new development design review application intended for use by WSRC. 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 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 sitedowntown development review. A Type I sitedowntown development review is required for the following: 2. Type II sitedowntown development review. A Type II sitcdowntown development review is required for the following: 18.650.040 Approval Criteria A. Type I sitedowntown development review. The approval authority will approve or approve with conditions an application for Type I sited-own-town development review when the following are met: B. Type II sitedowntown development review. The approval authority will approve or approve with conditions an application for Type II sitcdowntown development review when the following are met: 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. 18.650.050 Land Use Standards A. General provisions. A list of allowed, restricted, conditional, and prohibited uses in the MU-CBD zone is provided in Table 18.650.1. If a use category is not listed, see Section 18.60.03( . 1. Allowed(A). Uses that are allowed, subject to all of the applicable provisions of this title. 31 Changes reflect structural and naming changes throughout the code. No impact to regulations. 2. Restricted (R). Uses that are subject to special requirements, exceptions, or restrictions provided in Subsection 18.650.050.B. 2. Conditional (C). Uses that require the approval of the Hearings Officer using discretionary criteria. The approval process and criteria are provided in Chapter , Conditional Uses. 3. Prohibited (P). Uses that are not allowed under any circumstance. Table 18.650.1 Tigard Downtown Land Use Standards Use Categories MU-CBD Residential Use Category Residential Use A/R Civic Use Categories Basic Utility R/C Cemetery P Detention Facility C Government Services A Railroad Yard P School or Religious Facility A Temporary Shelter C Transportation and Utility Corridor A_ Wireless Communications Facility R Commercial Use Categories Adult Entertainment P Commercial Lodging A Indoor Sales and Services R Major Event Entertainment C Mobility Hub C Motor Vehicle Fuel Sales R Motor Vehicle Sales and Rental R Motor Vehicle Servicing R Non-Accessory Parking A Office A Outdoor Sales and Services R Self-Service Storage R Industrial Use Categories Industrial and Manufacturing P Off-Site Services P Warehouse and Distribution and P Freight Movement 1 Waste-Related P 32 Wholesale and Equipment Rental I P B. MU-CBD zone use restrictions. 1. Residential Use. Any combination of residential and nonresidential use proposed for the same site and not contained in a mixed-use development require planned development review. 2. Basic Utility. a. This use is conditionally allowed. b. Data centers are conditionally allowed only on or above the second story of a vertical mixed-use building. 3. Wireless Communications Facility. See Chapter 18.450, Wireless Communication Facilities, for allowed and restricted facilities. 4. Indoor Sales and Services. a. 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. b. 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. 5. Motor Vehicle Fuel Sales. Uses that were lawfully in existence prior to the adoption of the MU-CBD zone are allowed. All new uses are prohibited. 6. Motor Vehicle Sales and Rental. Uses that were lawfully in existence prior to the adoption of the MU-CBD zone are allowed. All new uses are prohibited. 7. Motor Vehicle Servicing. All use activities must be contained inside a structure except for employee and customer parking. 8. Outdoor Sales and Services. All inventory and materials must be contained completely within a building. 9. Self-Service Storage. Uses that were lawfully in existence prior to the adoption of the MU-CBD zone are allowed. All new uses are prohibited. 10. Motor Vehicle Fuel Sales. Uses that were lawfully in existence prior to the adoption of the MU-CBD zone are allowed. All new uses are prohibited. 33 18.650.060 Housing Types A. A housing type is not a use category. It describes a type of development that contains a Residential Use. B. A list of allowed, limited, and prohibited housing types in the MU-CBD zone is provided in Table 18.650.2. The terms and abbreviations in Table 18.650.2 are as follows: 1. Yes, allowed(Y). Housing types that are allowed. 2. Limited (L). Housing types that are allowed subject to specific limitations. 3. No, prohibited (N). Housing types that are not allowed under any circumstance. C. All housing types are subject to the standards and provisions of the applicable development standards chapter. The applicable chapter for each housing type is provided in Table 18.650.2. D. All allowed housing types may be built on site or manufactured off site. Table 18.650.2 MU-CBD Zone Housin• T •es Housing Types Applicable Chapter MU-CBD Accessory Dwelling Units 18.220 N Apartments 18.230 _Y 1 Cottage Clusters 18.240 _N Courtyard Units 18.250 N Mobile Home Parks 18.260 L Quads 18.270 N Rowhouses 18.280 Y Small Form Residential 18.290 N Mixed-Use Development 18.650 Y 34 E. Limited housing types. 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. 18.650.00070 Development Standards Table 18.650.1 Table 18.650.3 Development Standards Sub-Areas 99W/Hall Standard Main Street (MS) Corridor Scoffins/Commercial Fanno/Burnham (FB) (99H) Minimum Lot None None None None Size Minimum Lot None None None None Width Minimum Setbacks 0/5 ft. (5 - Front 0 ft. ft. for 0 ft. 0 ft. frontage 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 15 ft. 15 ft. None None minimum Maximum Lot 100% 90% 90% 80% Coverage Minimum Landscape Area 0% 10% 10% 20% [3] Minimum Building 50% 50% 50% 50% Frontage Residential Density (units per acre) 35 - Minimum [4] 25 25 25 15 - Maximum [1] 50 50 50 [5] 50 [5] 18.650.060080 Design Standards 18.650.0-7-0090 Transportation Connectivity 18.650.080100 Specific Adjustments Table 18.650.2 Table 18.650.4 Density Bonuses Affordable Dwelling Units Based on Maximum Density Bonus Density 5% 5% 10% 10% 20% 20% 30% 30% 40% 40% 50% 50% Chapter 18.660 TIGARD TRIANGLE PLAN DISTRICT 18.660.020 Applicability A. Applicability. 2. General Commercial (G-GCOM) and Mixed-Use Commercial (MUC) zones. The standards and procedures in this chapter do not apply to property that is located in the C GCOM or MUC zones within the Tigard Triangle Plan District, except for the transportation facility standards in Section 18.660.090. Property in the C GCOM or MUC zones is regulated by other chapters in this title, including, but not limited to, Chapter 18.120, Commercial Zones, and Chapter 18.320, Commercial Zone Development Standards. 4. The boundary of the Tigard Triangle Plan District is shown on Map 18.660.A. The TMU zone and C-GCOM zone are also shown on this map and the official zoning map. Transportation facilities are shown on Map 18.660.B. 36 Changes reflect structural and naming changes throughout the code. No impact to regulations. ,, . e :.: : i. , ir y r Tigard FTriangle '.urdary and Zoning Map Trgirdnangle Flan DFarkr . '.= .. :. Trtui•rQ5r04:+rM+WIGG}d7+.4 I • p•:1 SLS 1 th TMIF]2cnc e.Hex 01i-Hr --..'14 , :' HcixfL f 7 — —i 1L11T' • -. l. ' .a. • ... . . ... :gat:\. '9 J .:.. rpm . •..• .......: C /. . . / • -.7 r• 4 +w„ .):;- I.r.r ra1ni ,* .1 ,..., . \\:, IM li• PIN "Misr f 37 Some zoning in the existing C-G zone in the Triangle has been changed to better accommodate redevelopment on redevelopable parcels. Map 18.660.A Tigard Triangle Boundary and Zoning Iii ��. - IP— , 1_, Tigard P - Tigard Triangle Plan District: i Boundary and Zoning Map _ el Tigard Triangle Plan District I�tq 1.111 Commercial(COM)Zone IMI Mixed-Use Commercial(MUC)Zone Triangle Mixed-Use(TMU)Zone "A, .. Six Story Max.Height Z Four Story Max.Height PFAFFLt,i =II?)\\," .Ni,t. ' ME ATLANTA, .LnwEs sT ■• I m 9AV LOR ST .:jig�p y . : C ,.. .._mCUNTON ST• CLINTON ST"' :: II 12 IV, • • Els, r ::: : 111111 Ir` p 1 ELM111IUFST GT„ , /. . BE . I �.a.5 I ® .-____�iiEH�.1f�50 W.1Y ... . ). 4** 1AssT Ag .. • ....,. • ,41 _. _. i\ .4114tIt 4111, f/1 HAMPTON Sr .2 „,_, 1,1 • • • W a. r ..... ¢ •%5 lb S. CRES!ITINI ST � Ln a5... ....... w Mill ,\,, U n "4s 6" HSI r ail ice. -11 \ MI �IIIU '-- SANORHRG ST • TECH CENTER OR 7 38 • 11 e Z..: : I.Z. - r , arilinli Tigard Triangle • � � i..... ,,,,,,AL s rY L.ns ortat+on Network Ma l �lJ • 0 _, % Y r 1, 1 I FuiS!WC iNers Ktign lo•geions ` 5• and r . • street,path,and trail • f r I alignFne are illwtrgixg-All future • Fri trance ., .•s f iIitits are subject - . to change 4. •en developrnent .,i- x} rs+•aew,ireal .:Y.CIYg,neering '-E. i I i I I . ; and permitting b he applicable 'r••-F I—`, _,..c �. r appF1owl 21:1€1101•11.1. _.. . C',01r • • • J' sas a -1-'elb "..... Z _ lg.. ie 6 . • . :..,,.... sip T�_, .7,.. . slog ,, ..ILL• ._. .. • • ••L. 1.10 '1.7 ! .. PIP 4444.. ,... a.rr iclif li \.., -`f'•72:441‘ Jf • + M. !. • ' dp,* .1 ■ imil Qi • PM C ' — I MM } j r •• ail F '....\\ % / q 1 • 9,1 M• �• , Transportation Facilkiln }•-rr - NistingSereet sm.• Future Street Future.PtGr 1 • –j. C 6istin- i9 • FLt . nit - B. . Lyrae{Both Sides) 1� # • a 'Inn_ • • --- like Lane{ sx side) l_ti1 • ' 4 Alleys(Encouraged) IUuI- i_ .,_1. 1 ______________J I Tigard Nan•n District 1 ��- � -� . - t , \ 39 An updated transportation map reflects the work currently being done on the Red Rock Creek Trail alignment. Map 18.660.6 Tigard Triangle Transportation Network on....■.n.... i.o.... -- , , , , II , i H � L Tigard Triangle P X111. Transportation Network Map I■■■um MM B iii`- i n .4 it . �• in Future street intersection locations m �y Rm. — - and future street,path,and trail i .ter illi�r GAF\ ' �r •r - alignments are illustrative.All future 1 ec' transportation facilities are subject 11, 111 to change based on development ■ n~� 1.. i es 1 m review,final design,engineering .I. 1 a and permitting by the applicable i �d� ��MI z approval authority.-Nrnr7 �! G�F\G? , ;�, 0. ION -71)#--ill pm 1.1. 51— z-k* ta =mai ,,..1 ai lel=. ■ Ali,.... .....0 C cn : 1 of ii=i, ! ri,17,, Ilill— I in 1 r NMI fj. MI sook _ ARTMOUTH ST 111 r.., Munr �!!� !_ �.I = ' i an - rotir. i ptel)Ire lining =NJ gi. i amil.111111111:22111111111 4 p Um 1 4 IF gia p iit . In,j .21: is NMI 1 • o • Fid !iH I_:I h�/� icy i . ,..„.. • Transportation Facilities Existing Street .A ——• Future Street Future Path :• :::..••■ Existing Trail ■ • Future Trail Vjallii LI F ki Bike Lane(Both Sides) - ilitapiam -----. Bike Lane(East Side) ■■,MIE _ 1...f— Alleys Alleys(Encouraged) l • CITigard Triangle Plan District ! 1 1 l JJJ c e fT� Y 40 18.660.060 Land Use Standards B. General provisions. 2. Mobile food carts are allowed subject to Chapter 18.440, Temporary Uses. the city's food cart policy. C. Land use standards. 1. Allowed (A) land uses are listed in Table 18.660.4. 2. Restricted (R) land uses are listed in Table 18.660.4 and are subject to special requirements, exceptions,_or restrictions provided in Paragraph 18.660.060.C.5. the following restrictions: a. Non accessory parking must be located within parking structures except parking. Covered parking is not considered a parking structure. i. Non accessory parking structures must meet all applicable design flexible structures with flat floor decks that can transition to accommodate allowed uses in the future. ii. New non accessory surface parking is allowed if approved through • _. .. . b. The maximum floor area for Bulk Sales and Sales Oriented Retail uses is 30,000 square feet per tenant space. i. Not utilize, store, or create highly combustible, explosive, or hazardous materials, and located and screened as required by the site design standards in Section 18.660.07C. d. Wireless communication facilities are subject to the land use review process and associated standards in Chapter 18.450, Wireless 41 Changes reflect structural and naming changes throughout the code. No impact to regulations. federal law. 3. Conditional (C) land uses are listed in Table 18.660.4 and are subject to the land use review process and associated development standards provided in Chapter 18.740, Conditional Uses. 4. Prohibited (P) land uses. a. Prohibited uses are listed in Table 18.660.4 and are not eligible for adjustment through the land use review process provided in Paragraph 18.660.040.C.4. b. All marijuana facilities are prohibited. Table 18.660.4 Use Table Use Category TMU Residential Use Category Residential Use A Civic Institutional Use Categories Basic Utility Utilities C Cemetery P Detention Facility P Colleges A Community Services A Cultural Institutions A Day Caro A Emergency Services A Government Services A Railroad Yard A School or Religious Facility C Medical Centers A Postal Sorvine A Religious Institutions A Schools A -- - - - - - - -- A Temporary Shelter A Transportation and Utility Corridor A Wireless Communications Facility R 42 Table 18.660.4 Use Table Use Category TMU Commercial Use Categories Adult Entertainment P Animal Related Commercial P Bulk Sales R Commercial Lodging A Custom Arts and Crafts A A Indoor Entertainment A Indoor Sales and Services R Major Event Entertainment P Mobility Hub C Motor Vehicle Fuel Sales P Motor Vehicle Sales and/Rental P Motor Vehicle Servicing /Repair P Non-Accessory Parking R Office A Outdoor Sales and Services P Outdoor Entertainment P Outdoor Sales P Personal Services A Repair Oriented Retail A Sales Oriented Retail R Self-Service Storage P Vehicle Fuel Sales P Industrial Use Categories General Industrial R Heavy Industrial P Industrial Services P Light Industrial R Railroad Yards A • - -e `- . __ --- A Industrial and Manufacturing R Off-Site Services P Warehouse and Distribution /Freight Movement 43 Table 18.660.4 Use Table Use Category TMU Waste-Related Facility P Wholesale and Equipment Rental P Other-Use-Categories Cemeteries P Detention Facilities P Heliports P Mining P Transportation/Utility Corridors A A=Allowed R=Restricted C=Conditional Use P=Prohibited 5. TMU zone use restrictions. a. Wireless Communication Facility. Wireless Communication Facilities are subject to the land use review process and associated standards in Chapter , Wireless Communication Facilities, unless different standards are approved through the adjustment process as provided in Paragraph 18.660.040.C.4 or required by federal law. b. Indoor Sales and Services. The maximum gross floor area is 30,000 square feet per tenant. c. Non-Accessory Parking. i. Non-Accessory Parking must be located within parking structures except where existing surface parking is proposed to be used for non-accessory parking. Covered parking is not considered a parking structure. ii. Non-accessory parking structures must meet all applicable design standards in this chapter. Additionally, ground stories must be designed as flexible structures with flat floor decks that can transition to accommodate other allowed uses in the future. iii. New non-accessory surface parking is allowed if approved through the adjustment process as provided in Paragraph 18.660.040.C.4. d. Industrial and Manufacturing. 44 i. The maximum gross floor area is 2,000 square feet per tenant space. ii. The use must not utilize, store, or create highly combustible, explosive, or hazardous materials. iii. All activities must be located inside a building, except for utilities, service areas, and off-street parking and loading areas. These activities must be located and screened as required by the site design standards in Section 18.660.070. 18.660.070 Site Design Standards A. Purpose. The purpose of these standards is to create safe, comfortable, and attractive streetscapes for pedestrians and preserve district trees, specifically the Oregon white oak (Quercus garryana). In keeping with the stated purpose of this section, site design standards do not apply to street property lines along Interstate 5 and Highway 217. H. District trees. 1. District trees are Oregon white oaks located throughout the TMU zone adjacent to existing and future public rights-of-way as shown on the Tigard Triangle District Tree Inventory and Map. Oregon whits oaks in public rights of way arc regulated as street trees and are subject to the provisions in Subparagraph 18.660.090.C.4.c. Chapter 18.720 ANNEXATIONS B. Assignment of comprehensive plan and zoning designations. The comprehensive plan designation and the zoning designation placed on the property is the city's base zone that most closely implements the city's or county's comprehensive plan map designation. The assignment of these designations occurs automatically and concurrently with the annexation. In the case of land that carries county designations, the city will convert the county's comprehensive plan map and zoning designations to the city designations that are the most similar. A zone change is required if the applicant requests a comprehensive plan map or zoning map designation other than the existing designations. A request for a zone change may be processed concurrently with an annexation application or after the annexation has been approved. Within the Washington Square Regional Center, the assignment of city comprehensive plan and zoning designations will be as provided in Chapter 18.670, Washington Square Regional Center Plan District the Washington Square Regional Center Phase II 45 Changes to district tree regulations in response confusion regarding how to apply the existing standard. Changes reflect structural and naming changes throughout the code. No impact to regulations. C. Conversion table. Table 18.720.1 summarizes the conversion of the county's plan and zoning designations to city designations that are most similar. Table 18.720.1 Conversion Table for County and City Comprehensive Plan and Zoning Designations Washington County City of Tigard Land Use Districts/Plan City of Tigard Zoning Zone Name Designation R-5 Res. 5 units per acre -1 RES-B Residential-B R-6 Res. 6 units per acre RES-C Residential-C R-9 Res. 9 units per acre RES-D Residential-D R-15 Res. 15 units per RES-E Residential-E acre R-24 Res. 24 units per RES-E Residential-E acre Office Commercial (OC) C P MUE Professional/Administrativo Commercial Mixed-Use Employment Neighborhood C N MUR Neighborhood Commercial Commercial (NC) Mixed-Use Residential General Commercial (GC) C G COM General Commercial Industrial (IND) I-L IND LiOt Industrial Institutional (INST) Equivalent to adjacent Equivalent to adjacent County base zone County base zone Chapter 18.740 CONDITIONAL USES 18.740.030 General Provisions A. Conditional use approval is required to establish a new conditional use or to substantially redevelop an existing conditional use. Substantial redevelopment is 18.740.050 Approval Criteria 46 The approval authority will approve or approve with conditions a conditional use application when all of the following criteria are met: H. If the proposed development is located in an industrial zone, it provides public benefits consistent with the purpose of the base zone where the restricted use is located. Potential benefits include, but are not limited to, the following: 1. Energy Trust Path to Net Zero certification, as demonstrated by an approved EUI number, 2. On-site generation and storage of renewable power, 3. Off-site improvements to active transportation facilities, 4. Documentation that the appropriate Jobs and Economic Development Fee has been paid, as determined by the Economic Development Manager or designee, or 5. Other similar item as determined by the Director. Chapter 18.765 MODIFICATIONS 18.765.040 General Provisions C. A proposed modification that constitutes substantial redevelopment, as determined by the Director, requires submittal of a new land use application rather than a modification application. Substantial redevelopment is defined as a modification that characteristics, or original findings of fact. 18.765.060 Minor Modifications A. Definition. A minor modification has the following characteristics: 1. It has minimal impacts on surrounding properties, sensitive lands, or public facilities; and 2. It does not cause the development to go out of conformance with any applicable standard or further out of conformance if already nonconforming, except where an adjustment has been approved.; and 3. It does not require a technical study, such as a full transportation impact analysis, although it may require minor technical memos such as stormwater analysis. 47 New conditional use criteria ensures that any conditional uses in industrial zones support the overall intent of industrial zones as established through this project. Edits to the Modifications chapter provide additional clarity for staff and applicants regarding when a modification is allowed, minor, or major. B. Examples. Examples of minor modifications may include, but are not limited to, the following: 1. Interior building modification or change of use that requires the application of a higher parking quantity requirement. 21. Exterior building facade modification that requires the application of a design standard. 32. Change of use to a restricted use. 4. Change to the site that requires review of parking lot design or maximum parking standards. 53. Minor decrease in A minor change to screening, open space, or landscaping. 18.765.070 Major Modifications A. Definition. A major modification has the following characteristics: 1. It has more than minimal impacts on surrounding properties, sensitive lands, or public facilities but does not qualify as substantial redevelopment as defined in Subsection 18.765.O/1O.C; a-n-et 2. It does not cause the development to go out of conformance with any applicable standard or further out of conformance if already nonconforming, except where an adjustment has been approved—; and 3. It may require a technical study, such as a full transportation impact analysis. B. Examples. Examples of major modifications include, but are not limited to, the following: 1. i **• •e• _ . - - e - - A change to activities associated with a conditional use. dwelling unit. A change in housing type. 3. Major decrease in A change to screening, open space, or landscaping. Chapter 18.770 PLANNED DEVELOPMENT REVIEWS 18.770.030 General Provisions 48 A. Planned development review is a voluntary process. B. Planned development approval is required to establish a new planned development or to substantially redevelop an existing planned development. Substantial - - - - _ _ . , - - - - - - , - - •- - • - - - - C. An applicant may choose to submit a single consolidated planned development application or two consecutive planned development applications consisting of a concept plan application and a detailed plan application. D. The proposed development must comply with all applicable development standards and requirements of this title, except as specifically adjusted through the planned development approval process. Planned development review satisfies the requirements for site development or conditional use review and a separate site development, conditional use, or adjustment application is not required. E. If the proposed development includes both residential and nonresidential buildings: 1. Residential buildings, except for mixed-use buildings, are subject to the applicable standards for the housing type as provided in Chapter 18.200, Residential Development Standards. 2. Nonresidential or mixed-use buildings are subject to the applicable standards as provided in Chapter 18.300, Nonresidential Development Standards. EF. If sensitive lands review is required, a sensitive lands application must be submitted concurrently with a consolidated or detailed plan application. A sensitive lands application may not be submitted concurrently with a concept plan application. FG. If land division is proposed, a subdivision or land partition application must be submitted concurrently with a consolidated or detailed plan application. A subdivision or land partition application may not be submitted concurrently with a concept plan application. GH. If the proposed development has more than one base zone designation, density and floor area standards are calculated for each base zone as provided by this title. M. Density and floor area allocations and increases allowed with planned development approval are as follows: 1. Minimum density and floor area may be allocated anywhere on the site regardless of the underlying base zone designation. 49 New approval criterion provides a clearer path forward for development where residential and nonresidential uses are proposed on the same site outside of a mixed-use building. 2. Maximum density and floor area may be increased subject to the limitation of Subparagraph 18.770.060.B.10.b. U. Uses and housing types allowed with planned development approval are based on the underlying zoning as follows: 1. Residential zones. All housing types and civic uses are allowed. Commercial uses not allowed by the underlying base zone may be allowed where appropriately located, designed, and scaled. 2. Commercial zones. Apartments and civic uses not allowed by the underlying base zone may be allowed where appropriately located, designed, and scaled. 3. Industrial zones. No additional uses are allowed beyond what is allowed in the applicable base zone. JK. The following development standards may not be adjusted with planned development approval: 1. Minimum density or minimum floor area ratio. 2. Maximum parking ratio. 3. Any development standard that contains an express prohibition. 14L. Planned development approvals may not adjust the items listed in Paragraph 18.715.020.B.2 through 6. hM. Planned development approvals may be modified as allowed by Chapter 18.765, Modifications. Chapter 18.780 SITE DEVELOPMENT REVIEWS 18.780.030 General Provisions A. Site development approval is required to develop a vacant site or to substantially redevelop an existing developed site. Substantial redevelopment is defined as a Chapter 18.805 LOT STANDARDS 18.805.030 Residential Lot Standards 50 A. Lot size. Dimensional standards for lots created or configured for residential development are provided in Table 18.805.1 for all zones where residential development is allowed. Table 18.805.1 Dimensional Standards for Residential Lots by Housing Type Standa RES RES RES RES RE MU MU MU MU MU MU MU rd -A -B -C -D S-E - C C4 € € R4 R4 CB and D MU MU €2 R Minimum Lot Size (ft) Apartm 3,00 1,4 No No Nan No No Non Non ents 0 80 ne ne e ne no e e Cottage 20,0 7,50 7,00 7,00 - - - 10,0 10,0 Cluster 00 0 0 0 00 99 7,00 0 Courtya 20,0 7,50 7,00 7,00 - - - 8,00 8,00 rd Unit 00 0 0 0 0 0 7,00 0 Quad 10,0 7,50 5,00 3,00 - - - Non Non 00 0 0 0 e e Rowho 1,50 1,50 1,25 750 No No Non - - Non Non use 0 0 0 ne ne e e e Small 20,0 7,50 5,00 3,00 - - - - Form 00 0 0 0 Reside ntial Maximum Lot Size (ft) Apartm Non No No No Non No No Non Non ents e ne ne ne e ee e-e e e Cottage 32,4 32,4 32,4 32,4 - - - 32,4 32-74 Cluster 99 99 99 99 99 99 Courtya 25,9 25,9 25,9 25,9 - - - 25,9 2 rd Unit 99 99 99 99 99 99 Quad 11,5 9,00 6,25 6,25 - - - 5,00 5,00 00 0 0 0 0 0 Rowho 3,00 3,00 1,75 1,25 1,0 No 870 - - 870 1,75 use 0 0 0 0 00 ne 0 Small 25,0 9,37 6,25 3,75 - Form 00 5 0 0 51 Changes reflect changes to zones. Reside ntial Minimum Lot Width (ft) Apartm Non No No No Non Na No Non Non ents a ne ne ne e ne ne e e Cottage 75 50 50 Non - - - Non NOR Cluster e e e Courtya 75 50 50 50 - - - Non Non rd Unit e e Quad 75 50 50 Non - - - Non Nan e e e Rowho 25 25 20 Non 20 No 16 - - 16 4-6 use a ne Small 100 50 50 Non - - - - Form e Reside ntial 18.805.040 Nonresidential Lot Standards Dimensional standards for nonresidential or mixed use lots created or reconfigured in commercial or industrial zones are provided in Table 18.805.2. There are no minimum lot size or lot width standards for nonresidential or mixed- use development. Table X18 805. 2 Standard C-N C-G C-G C-P M U E M-U E- M U-R- MUG C 1-R W 2 1- MUE- M-U-R- 1- 2 Minimum 5,000 None 6,000 None None None None None None None None Lot Size {sq. ft.) Minimum 50 50 50 50 None None None None 50 50 50 Lot Width {ft.) 52 Removal of minimum lot dimensions for nonresidential development align with other nonresidential standards proposed with this code package, aimed at simplifying nonresidential development review. Chapter 18.60 USE CATEGORIES 18.60.010 Purpose This chapter classifies land uses and activities into use categories on the basis of common functional, product, or physical characteristics. Characteristics include the type and amount of activity, the type of customers or residents, how goods or services are sold or delivered, and certain site factors. The use categories provide a systematic basis for assignment of present and future uses to zones. The decision to allow or prohibit the use categories in the various base zones is based on the goals and policies of the comprehensive plan. (Ord. 10-15 §1) 18.60.020 Classification of Uses A. Considerations. 1. The "Characteristics" subsection of each use category describes the characteristics of each use category. Uses are assigned to the category whose description most closely describes the nature of the primary use. 2. The following items are considered to determine what use category the use is in, and whether the activities constitute primary uses or accessory uses: a. Description of the activities in relationship to the characteristics of each use category; b. Relative amount of site or floor area and equipment devoted to the activities; c. Relative amounts of sales from each activity; d. Customer type for each activity; e. Relative number of employees in each activity; f. Hours of operation; g. Site arrangement, including buildings and structures; h. Vehicles used with the activities; i. The relative number of vehicle trips generated by the activities; j. Signs; k. How the use advertises itself; and I. Whether the activity would be likely to be found independent of the other activities on the site. B. Developments with multiple primary uses. When all of the primary uses of a development fall within one use category, then the development is assigned to that use category. When the primary uses of a development fall within different use categories, each primary use is classified in the applicable category and is subject to the regulations for that category. C. Accessory uses. The "Accessory Uses" subsection of each use category provides a list of common accessory uses associated with that use category. Accessory uses are allowed in conjunction with the use unless stated otherwise in the regulations. Also, unless otherwise stated, they are subject to the same regulations as the primary use. D. Use of examples. The "Examples" subsection of each use category provides a list of examples of uses that are included in the use category. The names of uses on the lists are generic. They are based on the common meaning of the terms and not on what a specific use may call itself. For example, a use whose business name is "Wholesale Liquidation" but that sells mostly to consumers, would be included in the Indoor Sales and Services use category rather than the Wholesale and Equipment Rental use category. This is because the actual activity on the site matches the description of Indoor Sales and Services use category. 18.60.030 Unlisted Uses A. Purpose. The purpose of these provisions is to establish a procedure for determining whether certain specific unlisted uses are allowed in a base zone and to which use category the unlisted use is most similar. B. Approval process. The Director will make a determination, using the process provided in Chapter 18.73C, Director Determinations. C. Approval standards. The Director will make a determination of the most appropriate use category based on the following: 1. Whether the use is consistent with the intent and purpose of the applicable base zone; 2. Whether the use is similar to and of the same general type as the use categories listed in the base zone; 3. Whether the use has similar intensity, density, and off-site impacts as the use categories listed in the base zone, to be evaluated using the criteria provided in Paragraph 18.60.020.A.2; and 4. Whether the use has similar impacts on the community facilities as the listed use categories. Community facilities include streets, schools, libraries, hospitals, parks, police and fire stations, and water, sanitary sewer and storm drainage systems. D. Other provisions. The Director will not authorize an omitted or unanticipated use in a base zone if the use category is specifically listed in another base zone as either an allowed use, restricted use, or a conditional use. (Ord. 18-23 §2; Ord. 10-15 §1) 18.60.040 Residential Use Category A. Characteristics: 1. Residential use is the residential occupancy of a dwelling unit by related or unrelated individuals. The maximum number of residents who may occupy any given dwelling unit is determined by the state building code. 2. Residential use also includes the occupancy of an institution or facility where the components of a dwelling unit are shared by residents. 3. Residential occupancy is arranged on a month-to-month basis, at a minimum, or for longer periods of time. 4. Residential use may include any combination of care, training, or treatment. B. Accessory uses: Accessory uses may include parking, recreational and social facilities, dining halls, and home occupations. C. Examples: Examples include household living, group living, foster homes, dormitories, fraternities and sororities, monasteries and convents, nursing and convalescent homes, memory care facilities, group homes for disabled individuals, residential treatment programs, assisted living facilities, and progressive or continuing care facilities. D. Exceptions: 1. Does not include uses meeting the definition of Temporary Shelter, Commercial Lodging, or Detention Facility. 2. Does not include dormitories, fraternities, or sororities where accessory to Indoor Sales and Services uses. 18.60.050 Civic Use Categories A. Basic Utility. 1. Characteristics: A Basic Utility is an infrastructure service that must be located in or near where the service is provided. Basic Utility uses generally do not have employees at the site other than for construction or maintenance. Service may be public or privately provided. 2. Accessory Uses: Accessory uses may include parking; control, monitoring, data, or transmission equipment; and shelters. 3. Examples: Examples include water towers or reservoirs, data centers, energy production including solar production as a standalone use, water quality or flow control facilities, water conveyance systems, water harvesting or re-use conveyance systems or pump stations, stormwater facilities or conveyance systems, power substations, and transit stations. 4. Clarifications: a. Utility offices where employees or customers are generally present are categorized as Office. b. Fleet vehicle storage as a primary use is categorized as Off-Site Services. c. Public or private passageways, including easements, for the express purpose of transmitting or transporting electricity, gas, oil, water, sewage, communication signals, or other similar services on a regional level are categorized as Transportation and Utility Corridors. d. Does not include utilities proposed with or for a specific development, including solar arrays, which are considered accessory to the primary use. B. Cemetery. 1. Characteristics: A Cemetery is a facility for the permanent storage of human remains. 2. Accessory uses: Accessory uses may include chapels, mortuaries, offices, maintenance facilities, or parking. C. Detention Facility. 1. Characteristics: A Detention Facility is devoted to the judicially required detention, incarceration, or supervision of people. 2. Accessory uses: Accessory uses may include offices, recreational or health facilities, therapy facilities, maintenance facilities, or hobby or manufacturing facilities. 3. Examples: Examples include prisons, jails, probation centers, juvenile detention homes, or related post-incarceration. 4. Clarifications: a. Programs that provide care or training or treatment for psychiatric, alcohol, or drug problems, where patients are residents of the program, but where patients are not supervised by public safety personnel, are categorized as Residential Use. b. Temporary holding cells within a police station are considered accessory to a Government Services use. D. Government Services. 1. Characteristics: A Government Services use is a government-operated indoor or outdoor facility that is intended at least in part for use or access by the public. 2. Accessory uses: Accessory uses may include office, parking, cafés, or storage. 3. Examples: Examples include parks, libraries, city hall, police or fire stations, public plazas, or administrative offices for school or fire districts when designed as a campus. 4. Clarifications: a. Does not include fleet vehicle parking as a standalone use or fleet vehicle parking with accessory office, which are categorized as Off-Site Services. b. Does not include administrative offices for school or fire districts located in a single office building or existing buildings, which are categorized as Office. E. Railroad Yard. 1. Characteristics: A Railroad Yard contains multiple railroad tracks used for rail car switching, assembling of trains, or the transshipment of goods from other transportation modes to or from trains. 2. Accessory uses: Accessory uses may include office, employee facilities, storage areas, or rail car maintenance or repair facilities. F. School or Religious Facility. 1. Characteristics: A School or Religious Facility is an institution intended for preschool, K-12 education, or religious purposes. 2. Accessory uses: Accessory uses may include play areas, cafeterias, recreational or sports facilities, athletic fields, auditoriums, or before- or after- school daycare. 3. Examples: Examples include public or private daytime schools at the primary, elementary, middle, junior high, or high-school level that provide state-mandated basic education; or places of worship. 4. Clarifications: Does not include day cares, trade schools, colleges, or vocational schools, which are categorized as Indoor Sales and Services. G. Temporary Shelter. 1. Characteristics: A Temporary Shelter is operated by a public or non-profit agency and provides mass shelter or short-term housing where tenancy may be arranged for periods of less than one month. The use may also provide special counseling, education, or training of a public, nonprofit, or charitable nature. 2. Accessory uses: Accessory uses may include offices, meeting areas, food preparation areas, parking, health and therapy areas, day cares, and athletic facilities. 3. Examples: Examples include homeless shelters and shelters for women and children. 4. Clarifications: a. Does not include for-profit lodging where tenancy may be arranged for periods less than one month, which is categorized as Commercial Lodging. H. Transportation and Utility Corridor. 1. Characteristics: A Transportation and Utility Corridor is a regional corridor in public or private ownership, including easements, dedicated for the express use of rail lines; multi-use trails; above-grade or underground power or communication lines; water, sewer, or storm sewer lines; or similar services. 2. Accessory uses: Accessory uses may include trailhead improvements such as public restrooms or parking lots. 3. Examples: Examples include rail trunk or feeder lines; multi-use trails; regional electrical transmission lines; or regional gas stormwater or sewage main petroleum pipelines. 4. Clarifications: a. Railroad lead or spur lines for delivery of rail cars to sites or for unloading of rail cars on specific sites are considered accessory to the primary use of the site. b. Does not include railroad switch yards as a primary use, which are categorized as Railroad Yard. c. Transportation and Utility Corridors contained within motor vehicle rights- of-way are not included. d. Utility offices where employees or customers are generally present are categorized as Office. I. Wireless Communications Facility. 1. Characteristics: A Wireless Communication Facility includes all devices, equipment, machinery, structures, or supporting elements necessary to produce electromagnetic radiation to produce a discrete wireless signal or message. Towers may be self-supporting, guyed, or mounted on poles or buildings. 2. Accessory uses: Accessory uses may include related ancillary equipment structures. 3. Examples: Examples include television or AM/FM radio transmission towers, microwave relay stations, or cellular communications equipment. 4. Clarifications: a. Does not include transmission facilities that are part of the public safety network, which are categorized as Basic Utility. b. Does not include amateur (ham) radio antennas or towers. c. Does not include radio or television studios, which are categorized as Office. 18.60.060 Commercial Use Categories A. Adult Entertainment. 1. Characteristics: Adult Entertainment includes uses characterized or distinguished by an emphasis on matters depicting specified sexual activities or anatomical areas. 2. Accessory uses: Accessory uses may include parking. 3. Examples: Examples include adult motion picture theaters, adult book stores, and topless, bottomless, and nude taverns and dance halls. B. Commercial Lodging. 1. Characteristics: Commercial Lodging provides for-profit shelter where tenancy is typically less than one month. 2. Accessory uses: Accessory uses may include parking, restaurants and bars, meeting and convention facilities, and recreational facilities for guests such as pools and gym. 3. Examples: Examples include hotels, motels, short-term rentals, rooming houses, and bed-and-breakfast establishments. C. Indoor Sales and Services. 1. Characteristics: An Indoor Sales and Services use operates primarily indoors and provides the sale, lease, rental, or repair of products for the general public; or provides personal services or entertainment. a. Sales-oriented: Sale, lease, or rental of consumer, home, or business goods. b. Repair-oriented: On-site repair of consumer or home goods. c. Personal service-oriented: Services to the general public. d. Entertainment-oriented: Leisure activities or cultural activities. 2. Accessory uses: Accessory uses may include offices, storage of goods, parking, some limited accessory outdoor sales or activity area, or temporary outdoor activities subject to regulation in Chapter 18.440, Temporary Uses. 3. Examples: a. Sales-oriented: Examples include retail stores selling, leasing, or renting goods such as bicycles, clothing, electronic equipment, furniture, groceries, hardware, home improvements, plants, household products, pets, or pharmaceuticals. b. Repair-oriented: Examples include on-site repair of goods such as TVs, bicycles, clocks, shoes, guns, appliances, or office equipment; photo or laundry drop off; indoor consumer-oriented recycling drop-off; tailor; locksmith; or upholsterer. c. Personal service-oriented: Examples include banks, day cares, hospitals, postal service, tutoring or vocational school, or pet boarding. d. Entertainment-oriented: Examples include restaurants or bars; food cart pods; bowling alleys, ice rinks, indoor community centers, senior centers, or game arcades; dance, martial arts, or music classes; museums or galleries; lodges or fraternal/social clubs; indoor firing ranges; or theaters, health clubs, or gyms. 4. Clarifications: a. Sales, rental, and repair activity associated with motor vehicles is categorized as Mobility Hub, Motor Vehicle Fuel Sales, Motor Vehicle Sales and Rental, or Motor Vehicle Servicing. b. Sale and rental activity intended primarily for commercial, institutional, or industrial users, rather than for the general public, is categorized as Wholesale and Equipment Rental. c. Uses that primarily provide space to store products, with limited if any commercial activity on site, are categorized as Warehouse and Distribution. d. The repair of large-scale machinery for businesses is categorized as Industrial and Manufacturing. e. Entertainment uses with primarily outdoor activity are categorized as Outdoor Sales and Services. f. Veterinary or medical offices outside of a campus setting, such as hospitals, are categorized as Office. D. Major Event Entertainment. 1. Characteristics: Major Event Entertainment is characterized by activities and structures that draw large numbers of people to specific events or shows. Activities are generally of a spectator nature. 2. Accessory uses: Accessory uses may include parking, maintenance facilities, and concessions. 3. Examples: Examples include auditoriums, stadiums, convention centers, and race tracks. 4. Clarifications: Does not include smaller-scale, primarily indoor uses, which are categorized as Indoor Sales and Services. E. Mobility Hub. 1. Characteristics: A Mobility Hub provides charging stations for electric transportation as a primary use and may include other on-site services including, but not limited to, last-mile drop-off for e-commerce delivery and transit stops. 2. Accessory uses: Accessory uses may include parking, offices, storage space, convenience stores, e-commerce package drop-off, and transit stops. 3. Examples: Examples include e-bike or e-scooter rental; or electric charging stations for cars, trucks, scooters, or bikes. 4. Clarifications: a. Does not include electric vehicle charging stations that are accessory to an allowed use in an off-street parking area. b. Locations involved in the sale of petroleum or diesel fuels are categorized as Motor Vehicle Fuel Sales. F. Motor Vehicle Fuel Sales. 1. Characteristics: Motor Vehicle Fuel Sales include establishments that provide the sale of petroleum-based, natural gas, or hydrogen fuels for cars, motorcycles, trucks, recreational vehicles, or boats as a standalone primary use. 2. Accessory uses: Accessory uses may include parking, office space, and storage space. 3. Examples: Examples include gas stations, hydrogen fueling stations, and natural gas fueling stations. 4. Clarifications: Does not include electric vehicle charging stations, which are either an accessory use or are categorized as a Mobility Hub use. G. Motor Vehicle Sales and Rental. 1. Characteristics: Motor Vehicle Sales and Rental involves the sale, lease, or rental of cars, motorcycles, light and heavy trucks, mobile homes, boats, and recreational vehicles. 2. Accessory uses: Accessory uses may include parking, auto repair and maintenance facilities, office space, and storage space. 3. Examples: Examples include auto dealerships, used car lots, and car rental facilities. 4. Clarifications: a. Does not include the sale or rental of small rafts, kayaks, canoes, or similar scale boats sold in a retail environment, which are categorized as Indoor Sales and Services. b. Does not include the rental of boats or vehicles for on-site entertainment such as whitewater centers or go-kart racetracks, which is categorized as Indoor or Outdoor Sales and Services. H. Motor Vehicle Servicing. 1. Characteristics: Motor Vehicle Servicing is a freestanding vehicle servicing and repair establishments not accessory to new vehicle sales. 2. Accessory uses: Accessory uses may include parking, office space, and storage space. 3. Examples: Examples include general service stations, quick oil-change facilities, car washes, and body shops. I. Non-Accessory Parking. 1. Characteristics: Non-Accessory Parking is any public or private parking that is not accessory to a primary use. A fee may or may not be charged. A facility that provides both accessory parking for a specific use and regular fee parking fer people not connected to the use is also categorized as Non-Accessory Parking. 2. Accessory uses: Accessory uses may include a ticket booth to collect fees and house security personnel. 3. Examples: Examples include public and private structures and surface parking lots, and transit park-and-ride lots. 4. Clarifications : a. Parking facilities accessory to a use that charge or allow the public to park for occasional events nearby, are not categorized as Non-Accessory Parking. b. Does not include overnight parking of fleet vehicles, which is categorized as Off-Site Services. J. Office. 1. Characteristics: An Office is characterized by activities that generally focus on business, professional, medical, or financial services. Offices are typically characterized by a professional or group of professionals assisted by support staff. 2. Accessory uses: Accessory uses may include employee amenity spaces such as fitness facilities or cafeterias, parking, and storage facilities. 3. Examples: Examples include medical, dental, veterinarian, laboratories or research and development facilities; financial services; branch or training offices; government offices not providing in-person service to the public; blood collection centers; professional offices for attorneys, architects, engineers, stockbrokers, insurance brokers, or other consultants; headquarters offices; or radio or television studios. 4. Clarifications : a. Offices that are part of and are located within an establishment in another use category are considered accessory to the establishment's primary activity. b. Hospitals are categorized as Indoor Sales and Services. c. Government offices intended to provide in-person services to the public are categorized as Government Services. K. Outdoor Sales and Services. 1. Characteristics: An Outdoor Sales and Services use operates primarily outdoors and provides the sale, lease, or rental of products for the general public; or provides personal services or entertainment. a. Sales-oriented: Sale, lease, or rental of consumer, home, or business goods. b. Repair-oriented: On-site repair of consumer or home goods. c. Personal service-oriented: Services to the general public. d. Entertainment-oriented: Leisure activities or cultural activities. 2. Accessory uses: Accessory uses may include offices, storage of goods, parking, or some limited indoor sales or activity area. 3. Examples: a. Sales-oriented: Examples include lumber yards and plant nurseries. b. Repair-oriented: Examples include outdoor consumer-oriented recycling drop-off. c. Personal service-oriented: Examples include outdoor kennels for animal boarding. d. Entertainment-oriented: Examples include outdoor firing ranges, golf courses, go-kart facilities, theme parks, or community centers with significant outdoor activity such as swimming pools or mini golf. 4. Clarifications: a. Does not include the sale, lease, or rental of products to industrial or commercial users, which is categorized as Wholesale and Equipment Rental. b. Does not include limited outdoor or partially-enclosed display or storage areas that are clearly incidental and accessory to retail uses selling hardware and home improvement supplies, which are considered an accessory use to Indoor Sales and Services. c. Indoor entertainment providers with some limited outdoor activities are categorized as Indoor Sales and Services. L. Self-Service Storage. 1. Characteristics: Self-Service Storage provides rental of storage space to individuals or business uses. The storage areas Storage spaces are designed to allow private access by the tenant for storing or removing personal property. 2. Accessory uses: Accessory uses may include parking and office space. 3. Examples: Examples include single-story and multi-story facilities that provide individual storage areas for rent, often called mini-warehouses or self-storage facilities; and the storage of boats and recreational vehicles. 4. Clarifications : a. Does not include uses that primarily provide space to store products for future sales or distribution, which are categorized as Warehouse and Distribution b. Does not include fleet storage, which is categorized as Off-Site Services. 18.60.070 Industrial Use Categories A. Industrial and Manufacturing. 1. Characteristics: Industrial and Manufacturing engages in the mechanical, physical, or chemical transformation of materials, substances, or components into new products, usually requiring the use of machinery. This includes assembling component parts of manufactured products. The new product of a manufacturing establishment may be finished in the sense that it is for utilization or consumption, or it may be semi-finished to become an input for further manufacturing. Industrial and Manufacturing uses involve some amount of physical or characteristic change to materials necessary to make them suitable for sale. 2. Accessory uses: Accessory uses may include parking, office, storage, or maintenance facilities. 3. Examples: Examples include additive, advanced, or contract manufacturing; make to stock, make to order, or make to assemble manufacturing; discrete, process, mixed mode, job shop, or repetitive manufacturing; production of metals or metal products including enameling or galvanizing; production of cars, trucks, recreational vehicles; indoor agriculture; food processing; breweries, distilleries, or wineries; production of apparel or textiles; woodworking including cabinet makers; production or manipulation of chemical, rubber, leather, clay, bone, plastic, stone, or glass materials; manufacturing or production of machinery; large-scale recycling centers; the manufacturing or assembly of small-scale machinery, appliances, computers, or other electronic equipment; manufacturing, assembly, bottling of pharmaceuticals; manufacturing of scientific or musical instruments; production of toys or precision goods; sign-making; or commercial kitchens. 4. Clarifications: a. Does not include energy production from the biological decomposition of organic materials, which is categorized as Waste-Related Facility. b. Does not include storage or distribution of products involving no physical change to materials, packaging of previously prepared commercial products, or storage or distribution for e-commerce, which are categorized as Warehouse and Distribution. c. Does not include breaking bulk for commercial, institutional, or industrial users, which is categorized as Wholesale and Equipment Rental. d. Does not include uses meeting the definition of Basic Utility. e. Does not include the use of a kiln or other machinery that is accessory to a public-facing arts use, which is categorized as Indoor Sales and Services. B. Off-Site Services. 1. Characteristics: An Off-Site Services use primarily provides services at a client's location or a third-party site. The site is primarily used for parking of company or employee vehicles, equipment, or some accessory office. Few customers, especially the general public, come to the site. 2. Accessory uses: Accessory uses may include office, parking, or warehouse or storage space. 3. Examples: Examples include exterminators; freestanding fleet vehicle parking or fleet parking as a primary use; janitorial services; trade contractors; mobile pet grooming; mobile auto services; or off-site windshield repair. C. Warehouse and Distribution. 1. Characteristics: Warehouse and Distribution uses store and move large quantities of materials or products for themselves or other establishments with limited to no other activity on site except for accessory office. The use is usually associated with significant truck and rail traffic. There may be some repackaging of products but no physical change to materials occurs on site. 2. Accessory uses: Accessory uses may include offices, parking, staging areas, storage, docks, rail spur or lead lines, and the repackaging of goods. 3. Examples: Examples include freestanding warehouses associated with e- commerce, retail furniture, or appliance outlets. 4. Clarifications: a. Uses that involve the transfer or storage of solid or liquid wastes are categorized as Waste-Related Facility. b. Does not include storage or transport of materials that are accessory to a primary use. c. Does not include uses where some physical change to materials occurs on site to create a saleable unit. Such uses, regardless of the amount of warehouse or storage space associated with the use, are categorized as Industrial and Manufacturing. D. Waste-Related Facility. 1. Characteristics: A Waste-Related Facility receives solid or liquid wastes from others for disposal onsite or for transfer to another location; collects sanitary wastes;; manufactures Of and produces goods from the biological decomposition of organic material; and receives hazardous wastes from others and is subject to state regulations regarding hazardous waste management. 2. Accessory uses: Accessory uses may include parking, recycling of materials, offices, and repacking and transshipment of by-products. 3. Examples: Examples include recycling/garbage transfer stations; landfills; waste composting, energy recovery, portable sanitary equipment storage and pumping, and sewage treatment plants. 4. Clarifications : a. Infrastructure services that must be located in or near the area where the service is provided in order to function are categorized as Basic Utility uses. Examples include sewer pipes that serve a development or water re-use pipes and tanks, pump stations, and collection stations necessary for the water re- use that serve a development or institution. b. The disposal of clean fill, as defined in OAR 340-093-0030, is not categorized as Waste-Related Facility. c. Does not include consumer recycling or bottle drop centers, which are considered as accessory to a primary use, categorized as Indoor Sales and Services when standalone and indoors, or Outdoor Sales and Services when standalone and outdoors. E. Wholesale and Equipment Rental. 1. Characteristics: Wholesale and Equipment Rental is characterized by the sale, leasing, or rental of equipment or products primarily intended for industrial, institutional, or commercial users. The use emphasizes on-site sales or order taking, and often includes display areas. Products may be picked up on site or delivered to the customer. 2. Accessory uses: Accessory uses may include offices; product repair; warehouses; stockpiling of sand, gravel, drywall, construction materials, bark dust, lumber, or other aggregate or landscaping materials; parking; and the repackaging of goods primarily for commercial, institutional, or industrial users. 3. Examples: Examples include the sale or rental of machinery, equipment, building materials, special trade tools, welding supplies, machine parts, electrical supplies, janitorial supplies, restaurant equipment, and store fixtures; mail order houses; and wholesalers of food, clothing, auto parts, and building hardware. 4. Clarifications : a. Establishments that engage primarily in sales to the general public are categorized Indoor Sales and Service. b. Establishments that are primarily storing goods with little on-site salesactivity are categorized as Warehouse and Distribution. c. Establishments that engage primarily in storage and sale of products for e- commerce are categorized as Warehouse and Distribution. Chapter 18.50 NONCONFORMING CIRCUMSTANCES 18.50.010 Purpose The purpose of this chapter is to allow certain nonconforming lots, structures, uses, and development to continue but to prohibit their enlargement, expansion, or extension. 18.50.020 General Provisions A. Nonconforming circumstances are lots, structures, uses, and site improvements that were lawful when established, but would not be allowed under current regulations as a result of a change to the applicable base zone, plan district, or development standards. B. The status of a nonconforming circumstance is not affected by changes in ownership or tenancy. C. A nonconforming circumstance may be changed to a conforming circumstance by right. Once a conforming circumstance occupies a site or the lot is brought into conformance, the nonconforming rights are lost and the nonconforming circumstance may not be re-established. D. The regulations of this chapter apply to all nonconforming circumstances except the following: 1. Small form residential development in the MU-CBD zone. 2. Nonconforming uses and developments in the TMU zone, which are subject to the standards of Chapter 18.660, Tigard Triangle Plan District. 18.50.030 Determination of Nonconforming Use Status A determination regarding the legal status of a nonconforming circumstance is processed through a Director determination, as provided in Chapter 18.730, Director Determinations. A nonconforming use is determined to be legal when both of the following are met: A. The applicant has provided proof that the use was lawful at the time it was established, by one or more of the following: 1. Copies of issued development permits or land use approvals granted at the time the use was established; 2. Copies of zoning ordinances or maps; or 3. Demonstration that the use was established before the first development code for the City of Tigard was adopted. B. The applicant has provided proof that the use has been maintained over time. This proof must include copies of one or more of the following for every other year from the time the use was established until the current year: 1. Utility bills; 2. Income tax records; 3. Business licenses; 4. Listings in telephone, business, or other related directories; 5. Advertisements in dated publications, for example trade magazines; or 6. Land use approvals or development permits. 18.50.040 Criteria for Nonconforming Situations A. Nonconforming lots. 1. Except as provided in Paragraph 18.50.040.A.2 and Subsections 18.50.040.B and C, development of nonconforming lots and enlargement, modification, or reconstruction of uses on nonconforming lots are prohibited. 2. If a lot does not meet the minimum lot size standard, the lot may: a. Be occupied by one use allowed in a commercial zone, if the lot is located within a commercial zone; or b. Be occupied by small form residential development and accessory structures if located in a residential zone. 3. Development allowed on a nonconforming lot under the provisions of Paragraph 18.50.040.A.2 is subject to the following: a. The nonconforming lot must not be contiguous with other lots in the same ownership; and b. All other applicable provisions of this title must be met. 4. If a nonconforming lot is contiguous with another lot in common ownership, the following provisions apply: a. The lots involved are considered to be an undivided unit of land for the purposes of this title; b. Conveyance, transfer, or use of the lots or any portion of the lots in any manner that violates this title is prohibited; and c. Division of the lots in a manner that results in a nonconforming lot is prohibited. B. Nonconforming uses. 1. A nonconforming use may be continued when all of the following are met. Any other subsequent use must meet all applicable standards of this title. a. The nonconforming use is and the building or buildings it occupies are not enlarged; b. If the nonconforming use occupies a building that is accidentally damaged or destroyed by fire, flood, earthquake, or other natural disaster so that the building or tenant space cannot be occupied, it is discontinued for no longer than six months following the date the new building receives final certificate of occupancy; and c. The nonconforming use of land is not discontinued for any reason, other than accidental damage or destruction of the building it occupies, for a period of more than cix 18 months. The 18-month period begins when the last of the following occurs: i. On the date when the use is vacated, ii. On the date the use ceases to be actively involved in the sale of merchandise or the provision of services, or iii. On the date of termination of any lease or contract under which the nonconforming use has occupied the building or land. 2. Once an allowed or conditional use occupies the site, the nonconforming rights are lost and a nonconforming use may not be re-established. 3. The provisions of Section 18.50.040 do not grant an owner of a nonconforming use a vested right. C. Nonconforming development. 1. Where a lawful structure or development exists that could not be built under the terms of this title by reason of restrictions on lot area, lot coverage, height, required parking, landscaping, or other requirements, such structure or development may remain and its use continued provided it remains otherwise lawful and complies with the following: a. The nonconforming structure or development may not be enlarged or altered in a way that increases its nonconformity; b. If a nonconforming structure, development, or nonconforming portion of a structure or development is destroyed by any means to an extent of more than 60% of its current value as assessed by the Washington County assessor, reconstruction is prohibited except in conformity with this title. This prohibition does not apply to small form residential development or regulated affordable housing that is destroyed by accident, such as by fire, flood, or earthquake; and c. If a structure or development is moved any distance for any reason, it must thereafter comply with all applicable development standards. 18.50.050 Repairs and Maintenance A. Routine repairs and maintenance. On any nonconforming structure or portion of a structure containing a nonconforming circumstance, normal repairs, or replacement of roofs, non-bearing walls, fixtures, wiring, or plumbing may be performed in a manner not in conflict with the provisions of this chapter. B. Restoration to safe condition. Nothing in this chapter prevents the strengthening or restoring to a safe condition of any building or part thereof declared to be unsafe by any official charged with protecting the public safety, upon order of such official. Chapter 18.120 COMMERCIAL ZONES 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, services, and employment opportunities are available throughout the city so that residents can fulfill all or most of their needs within walking or biking distance of their homes; B. Ensuring that a full range of economic activities and job opportunities are available throughout the city; and C. Prioritizing sustainability and resilience by reducing distance between services, employment, and residences and by incentivizing sustainable development. 18.120.020 List of Base Zones A. COM: Commercial zone. The COM zone is designed to accommodate a full range of retail, office, and civic uses with a citywide and regional trade area. Except where nonconforming, residential uses are limited to mixed-use developments. B. 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. C. MUE: Mixed-Use Employment zone. The MUE zone is designed to accommodate a wide range of small- to medium-format employment uses, including commercial and low-impact industrial uses. Residential uses are allowed only where employment activity is a primary use. D. MUC: Mixed-Use Commercial zone. The MUC zone is designed to allow a range of commercial activity, mixed-use development, and standalone residential uses. It is intended to encourage pedestrian activity, attractive transit options, and urban gathering spaces. E. MUR: Mixed-Use Residential zone. The MUR zone is designed for predominantly residential areas where mixed-uses are allowed when supportive of the residential use. F. TMU: Triangle Mixed-Use zone. The TMU zone is intended to be an active, urban, multimodal, and mixed-use district that accommodates a variety of housing options and uses, promotes pedestrian-oriented development, and limits new auto-oriented development. 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 MU-CBD zone, which are provided in Chapter 18.650, Tigard Downtown Plan District; in the TMU zone, which are provided in Chapter 18.660, Tigard Triangle Plan District; and in the Washington Square Regional Center Plan District, which are provided in Chapter 18.670, Washington Square Regional Center 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 subject to special requirements, exceptions, or restrictions provided in Subsections 18.120.030.D-G. Use restrictions may be modified through an adjustment application as provided in Chapter 18.715, Adjustments or Chapter 18.770, Planned Developments. 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. Additional standards or restrictions may apply in plan districts. 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—are located in Chapter 18.320, Commercial Zone Development Standards, and the applicable plan district chapter, if any. Table 18.120.1 Commercial Zone Use Standards Use Categories COM MUC MUE MUR Residential Use Category Residential Use R A R A Civic Use Categories Table 18.120.1 Commercial Zone Use Standards Use Categories COM MUC MUE MUR Basic Utility R/C R/C R/C R/C Cemetery P P P P Detention Facility P P P P Government Services A A A A Railroad Yard P _ P P _ P School or Religious Facility C C C C Temporary Shelter C C C C Transportation and Utility A A A A Corridor Wireless Communications R R R R Facility Commercial Use Categories Adult Entertainment C P P P Commercial Lodging A _ A A _ A Indoor Sales and Services R _ R , R _ R Major Event Entertainment A C P P Mobility Hub A R R C Motor Vehicle Fuel Sales A P P P Motor Vehicle Sales and Rental A R R P Motor Vehicle Servicing A R R P Non-Accessory Parking R R R P Office A A A R Outdoor Sales and Services A P P P Self-Service Storage R P P P I Industrial Use Categories Industrial and Manufacturing R R R P Off-Site Services R P R P Warehouse and Distribution P P A/R P Waste-Related Facility P P P P Wholesale and Equipment R P A/R P Rental A=Allowed R=Restricted C=Conditional Use P=Prohibited D. COM zone use restrictions. 1. Residential Use. Any combination of residential and nonresidential uses proposed for the same site and not contained in a mixed-use development requires planned development review. 2. Basic Utility. a. This use is conditionally allowed. b. Data centers are conditionally allowed only on or above the second story of a mixed-use development. 3. Wireless Communications Facility. See Chapter 18.450, Wireless Communication Facilities, for allowed and restricted facilities. 4. Indoor Sales and Services. Outdoor animal kennels are prohibited. All animal kennels associated with breeding, boarding, or sales must be contained completely within a building. 5. Non-Accessory Parking. This use is allowed only as structured parking with at least two floors of parking. 6. Self-Service Storage. This use is allowed only on or above the second story of a mixed-use development. 7. Industrial and Manufacturing. All inventory and materials, except parking, must be contained completely within a building. 8. Off-Site Services. a. The maximum gross floor area is 20,000 square feet per tenant. b. A maximum of 20 vehicles may be parked overnight on-site. c. All inventory and materials, except parking, must be contained completely within a building. 9. Wholesale and Equipment Rental. a. The maximum gross floor area is 20,000 square feet per tenant. b. All inventory and materials, except parking, must be contained completely within a building. E. MUC zone use restrictions. 1. Basic Utility. a. This use is conditionally allowed. b. Data centers are conditionally allowed only on or above the second story of a mixed-use development. 2. Wireless Communications Facility. See Chapter 18.450, Wireless Communication Facilities, for allowed and restricted facilities. 3. Indoor Sales and Services. a. The maximum gross floor area is 30,000 square feet per tenant. b. All inventory and materials, except parking, must be contained completely within a building. c. Outdoor animal kennels are prohibited. All animal kennels associated with breeding, boarding, or sales must be contained completely within a building. d. Uses with drive-through services is prohibited. e. Uses in a campus are conditionally allowed. 4. Mobility Hub. A maximum of ten car charging stations is allowed per hub. 5. Motor Vehicle Sales and Rental. a. The maximum gross floor area is 25,000 square feet per tenant. b. All activities and storage, including any vehicle inventory, must be contained completely within a building. 6. Motor Vehicle Servicing. a. The maximum gross floor area is 25,000 square feet per tenant. b. All inventory and materials, except parking, must be contained completely within a building. c. Drive-through services are prohibited. 7. Non-Accessory Parking. This use is allowed only as structured parking with at least two floors of parking. 8. Industrial and Manufacturing. All inventory and materials, except parking, must be contained completely within a building. F. MUE zone use restrictions. 1. Residential Use. a. Any combination of residential and nonresidential use proposed for the same site and not contained in a mixed-use development requires planned development review. b. Allowed civic, allowed commercial, or restricted industrial uses must make up at least 30 percent of the gross floor area. 2. Basic Utility. a. This use is conditionally allowed. b. Data centers are conditionally allowed only on or above the second story of a mixed-use development. 3. Wireless Communications Facility. See Chapter 18.450, Wireless Communication Facilities, for allowed and restricted facilities. 4. Indoor Sales and Services. a. The maximum gross floor area is 30,000 square feet per tenant. b. All inventory and materials, except parking, must be contained completely within a building. c. Outdoor animal kennels are prohibited. All animal kennels associated with breeding, boarding, or sales must be contained completely within a building. d. Uses with drive-through services are prohibited. e. Uses in a campus are conditionally allowed. 5. Mobility Hub. A maximum of ten car charging stations is allowed per hub. 6. Motor Vehicle Sales and Rental. a. The maximum gross floor area is 25,000 square feet per tenant. b. All activities and storage, including any vehicle inventory, must be contained completely within a building. 7. Motor Vehicle Servicing. All activities and storage, including any vehicle inventory, must be contained completely within a building. 8. Non-Accessory Parking. This use is allowed only as structured parking with at least two floors of parking. 9. Industrial and Manufacturing. All inventory and materials, except parking, must be contained completely within a building. 10. Off-Site Services. a. The maximum gross floor area is 20,000 square feet per tenant. b. A maximum of 20 vehicles may be parked overnight on-site. c. All inventory and materials, except parking, must be contained completely within a building. 11. Warehouse and Distribution. a. This use is allowed when providing off-site storage and distribution support to an existing manufacturing use located in Tigard. b. Activities that are accessory to an allowed primary use are allowed. c. Properties shown in the Warehouse and Wholesale Area of Additional Flexibility on Map 18.120.A are also allowed a maximum of 30,000 gross square feet per tenant space. The following buildings are exempt from this limit: i. Oregon Business Park 1 Buildings 10 (16600-40 SW 72nd Ave) and 12 (16650-98 SW 72nd Ave). ii. Oregon Business Park 3 Buildings D (7342-7380 SW Kable Lane), I (15605-705 SW 72nd Ave), and G (7319 SW Kable Lane). 12. Wholesale and Equipment Rental. a. All inventory and materials, except parking, must be contained completely within a building. b. The maximum gross floor area is 20,000 square feet per tenant for properties located outside the Warehouse and Wholesale Area of Additional Flexibility as shown on Map 18.120.A. c. The maximum gross floor area is 35,000 square feet per tenant space for properties located within the Warehouse and Wholesale Area of Additional Flexibility as shown on Map 18.120.A. The following buildings are exempt from this limit: i. Oregon Business Park 1 Buildings 10 (16600-40 SW 72nd Ave) and 12 (16650-98 SW 72nd Ave). ii. Oregon Business Park 3 Buildings D (7342-7380 SW Kable Lane), (15605-705 SW 72nd Ave), and G (7319 SW Kable Lane). Map 18.120.A r�a�nnnn�a .-"'",f_ 1 I �- ii NWarehouse ander , 1'- __ Wholesale Flex Area ./// ` IND ■ 17,71 Warehouse and Wholesale Area / _ ME of Additional Flexibility R IZ iii IPJI!- City ofTigard Boundary mmie min IM IR lii im I,.IN um' 1111 / 11IIEI1111 ■edii r C■ 0 111 rill I 4, /1 IN imr=r wa Wm _ P- 111 ■ilililliw oe- . a► 111111 ■usimftI6 �•- nW P I A■ RIA mei =i '49 ty EPA :Muni iffilm. nt ooa�s �I�:11111if�1�.ji 1 QOL-, O_ _'. �I1i111i IIHIIIIIIII if ��e ■. III Vaii1111 ■i1111111111 ■ ■_hAlliiillia X111111111111111 i. u IN = 1�C IIIIIII11�1.� Illlqr _ �I11(I co 1. oP. y� ■ if l'o ,, .-.' '/ .Le'... WM.■ m lir" wIng ., mow lid �' ��� COM, la 11.111 somommi II .1111111/ire---- mow 1 ME H. MUR zone use restrictions. 1. Basic Utility. a. This use is conditionally allowed. b. Data centers are conditionally allowed only on or above the second story of a mixed-use development. 2. Wireless Communications Facility. See Chapter 18.450, Wireless Communication Facilities, for allowed and restricted facilities. 3. Indoor Sales and Services. This use is allowed only as part of a mixed-use development. 4. Office. This use is allowed only as part of a mixed-use development. 18.120.040 Housing Types A. A housing type is not a use category. It describes a type of development that contains a Residential Use. B. A list of allowed, limited, and prohibited housing types in commercial zones is provided in Table 18.120.2. The terms and abbreviations in Table 18.120.2 are as follows: 1. Yes, allowed (Y). Housing types that are allowed. 2. No, prohibited (N). Housing types that are not allowed under any circumstance. C. All housing types are subject to the standards and provisions of the applicable development standards chapter or applicable plan district chapter, if any. The applicable chapter for each housing type is provided in Table 18.120.2. D. All allowed housing types may be built on site or manufactured off site. Table 18.120.2 Commercial Zone Housin• T •es Housing Types Applicable COM MUC MUE MUR Chapter Accessory Dwelling 18.220 N N N Y Units Apartments 18.230 Cottage Clusters 18.240 Courtyard Units 18.250 Mobile Home Parks 18.260 N N N N Quads 18.270 N N N Y Rowhouses 18.280 N Y N Y Small Form 18.290 N N N Y Residential Table 18.120.2 Commercial Zone Housing Types Housing Types Applicable COM MUC MUE MUR Chapter Mixed-Use 18.320 Y Y Y Y Development Y=Yes, Allowed L=Limited N=No, Prohibited Chapter 18.130 INDUSTRIAL ZONES 18.130.010 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 economic activities and job opportunities are available throughout the city; B. Promoting the efficient use of the city's limited industrial land supply by preserving industrial land for job-dense industries; and C. Promoting more carbon responsible development by reducing the distance between services, employment, and residences. 18.130.020 Base Zone The IND zone prioritizes manufacturing uses, with limited motor vehicle servicing, off- site services, warehouse and distribution, and wholesale and equipment rental uses. Some civic uses are also allowed. Uses in this zone are intended to foster job density, accessible career pathways, and living wage jobs. Industrial uses may have some off- site impacts including noise and odor. 18.130.030 Land Use Standards A. General Provisions. A list of allowed, restricted, conditional, and prohibited uses in the IND zone is provided in Table 18.130.1. 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 subject to special requirements, exceptions, or restrictions as provided in Subsection 18.130.030.C. 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. Development standards. The standards for nonresidential development in industrial zones are located in Chapter 18.330, Industrial Zone Development Standards, and the applicable plan district chapter, if any. Table 18.130.1 Industrial Zone Use Standards Use Categories IND Residential Use Category Residential Use P Civic Use Categories Basic Utility R/C Cemetery P Detention Facility P Government Services C Railroad Yard P School or Religious Facility P Temporary Shelter P Transportation and Utility Corridor A Wireless Communications Facility R Commercial Use Categories Adult Entertainment P Commercial Lodging P Indoor Sales and Services R Major Event Entertainment P Mobility Hub P Motor Vehicle Fuel Sales P Motor Vehicle Sales and Rental P Motor Vehicle Servicing A Non-Accessory Parking P Office P Outdoor Sales and Services P Self-Service Storage P Industrial Use Categories Industrial and Manufacturing A Off-Site Services R Warehouse and Distribution R Waste-Related Facility R Wholesale and Equipment Rental R A=Allowed R=Restricted C=Conditional Use P=Prohibited C. IND zone use restrictions. 1. Basic Utility. a. This use is conditionally allowed. b. Data centers are conditionally allowed only on or above the second story of a vertical mixed-use building. 2. Wireless Communications Facility. See Chapter 18.450, Wireless Communication Facilities, for allowed and restricted facilities. 3. Indoor Sales and Services. a. A maximum of one establishment with a maximum gross floor area of 5,000 square feet is allowed per lot. b. Uses with drive-through services are prohibited. c. All animal kennels associated with breeding, boarding, or sales must be contained completely within a building. 4. Off-Site Services. a. The maximum allowed gross floor area is 20,000 square feet per tenant. b. A maximum of 20 vehicles may be parked overnight on-site. c. All inventory and materials, except parking, must be contained completely within a building. 5. Waste-Related Facility. This use is allowed only as an accessory use to allowed or restricted industrial uses. 6. Warehouse and Distribution. This use is only allowed through the adjustment process as provided in Section 18.715.050.B. 7. Wholesale and Equipment Rental. a. The maximum allowed gross floor area is 20,000 square feet per tenant. b. All inventory and materials, except parking, must be contained completely within a building. Chapter 18.230 APARTMENTS 18.230.010 Purpose Apartments are a type of attached housing within single-story or multi-story buildings. Apartment dwelling units may share common side walls, ceilings, or floors. The purpose of this chapter is to provide standards that promote quality development and enhance the livability, walkability, and safety of the community. Apartment development is intended to achieve the following: A. Increase the number of affordable dwelling units; B. Provide for a variety of housing types that meet the needs of Tigard's diverse population at all stages of life; C. Facilitate the efficient use of land through higher-density attached housing; and D. Support and complement transit services by providing ridership density and proximity. 18.230.020 Applicability A. The standards of this chapter apply to apartment development in the RES-D, RES- E, MUC, and MUR zones. Additional standards apply in the River Terrace Plan District as provided in Chapter , River Terrace Plan District. An applicant may elect to apply the approval process and standards of this chapter or of Chapter 18.280, Rowhouses, when proposing rowhouse development. B. The standards of this chapter also apply to nonconforming apartment development in the RES-A through RES-C zones. In lieu of specific base zone standards, apartment development in these zones is subject to the RES-D zone standards. C. This chapter does not apply to the following: 1. Apartment development in the Bridgeport Village Plan District is subject to the standards of Chapter 18.620, Bridgeport Village Plan District. 2. Apartment development in the MU-CBD zone is subject to the approval processes and standards of Chapter 18.650, Tigard Downtown Plan District. 3. Apartment development in the TMU zone is subject to the approval processes and standards of Chapter 18.660, Tigard Triangle Plan District. 18.230.030 Application Type Apartment development requires a site development review application. 18.230.040 Development Standards A. Base zone development standards are provided in Table 18.230.1. Table 18.230.1 Apartment Development Standards Standard RES-D RES-E MUC MUR Minimum Setbacks (ft) - Front or street-facing 20 1 20 1 1 - Side or rear adjacent 10 10 to nonresidential or 0 0 RES-E zone - Side or rear adjacent 10 10[1] to a RES-A—RES-D 0 20 zone Maximum Setbacks (ft) - Front or street-facing None None 12 12 Minimum Height (ft) None None 12 12 Maximum Height (ft) 35 45 185 60 Maximum Lot 80% 80% None None Coverage Minimum Landscape 20% 20% None None Area Minimum Density 11 units 23 units per acre None None per acre Maximum Density 14 units 30 units per acre None None per acre [1] An additional one foot of setback is required for each foot of building height above the maximum building height of the adjacent residential zone. 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 18.230.1 . Landscaping standards are provided in Section 18.420.040. Any landscape area that meets the L-2 standard and any required common open space area may count toward meeting the minimum landscape 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 18.230.040.G. b. Apartments that abut a RES-A through RES-D zone must be screened to the S-3 standard along all property lines, except street property lines. c. Surface vehicle parking areas, loading areas, and drive aisles 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. Common space. 1. Common space is required. a. In the RES-D and RES-E zones, the minimum total area of required common space is 10% of the gross site area or 48 square feet per dwelling unit, whichever is greater. b. In the MUC and MUR zones, the minimum total area of required common space is 36 square feet per unit. c. Multiple common spaces may be provided to meet this standard, but any area used to meet this standard must be a minimum of 20 feet in width and depth. 2. Apartment developments with less than 20 dwelling units and apartment developments or mixed-use developments in the MUC or MUR zones must provide at least two different items from the list below within areas identified as common space. Apartment developments with 20 or more dwelling units must provide at least four different items from the list below within areas identified as common space. a. Playground equipment or nature play area for children, b. Lawn or garden area, which may include an above-ground vegetated stormwater facility, c. Roof-top or upper-story deck with a covered area that is a minimum of 15 feet in width and depth, d. Courtyard or covered patio, e. Swimming pool or water feature, f. Sport court or workout room, g. Library or office space, or h. Other similar item as determined by the Director. 3. At least 50% of the dwelling units in a development must face outdoor common space or a public street. This standard is met when the front door or a window from the kitchen, living room, or dining room of a dwelling unit faces the outdoor common space or a public street. 4. Building facades, including accessory structure facades, that face outdoor common space must meet the 15% window area requirement in Subsection 18.230.050.B or be screened to the S-4 standard as provided in Table 18.420.2. 5. Common space may not be located in the front setback or include sensitive lands, except common space in a public access easement may be located within the front setback. 6. Outdoor common space that explicitly allows dogs must include an approved dog waste bag dispenser and trash receptacle. D. Private outdoor space. 1. Private outdoor space is required for each dwelling unit. Each private outdoor space must be a minimum of 48 square feet in area and a minimum of five feet in width and depth. 2. Private outdoor space must be directly accessible from the interior of the dwelling unit that it serves. 3. Additional common space above the required minimum may substitute for some or all of the required private outdoor space at a 1:1 ratio. E. Pedestrian access. 1. Paths must provide pedestrian access from public sidewalks abutting the site to all required building entrances on the site. 2. Paths must provide pedestrian access between all common open space areas, vehicle and bicycle parking areas, building entrances, and service areas designed for use by residents. Paths within parking areas or along drive aisles are subject to additional standards in Chapter " ^4^, Off-Street Parking and Loading. 3. Paths must extend to the perimeter property line to provide pedestrian access to existing or planned pedestrian facilities on adjacent properties, such as trails or public access easements. 4. Paths must be constructed with a hard surface material and have a minimum unobstructed width of five feet. F. Vehicle and bicycle parking. 1. The applicable provisions and standards of Chapter 18.410, Off-Street Parking and Loading, apply to apartment developments. 2. Off-street surface vehicle parking areas, detached garages, and attached or detached carports may not be located closer to a street property line than the building closest to that street property line. 3. Off-street vehicle parking areas may not occupy more than 50% of the total length of each street frontage as measured 20 feet from the street property line. Drive aisles without adjacent parking spaces do not count as parking areas for the purposes of this standard. 4. Attached garages may be attached to any side of an apartment building. If attached to the street-facing facade, they may not be located closer to the street property line than the apartment building facade and the facade must include at least one entrance for each proposed garage that meets the standards of Subsection 18.230.050.A. Driveways associated with attached garages that take direct individual access from a public or private street must meet the rowhouse location and access standards in Paragraph 18.280.050.E.3 and Subparagraph 18.280.050.E.2.a. 5. A minimum of one bicycle parking space must be provided for every two dwelling units. Fractional parking space minima are rounded up to the nearest whole number. Apartment developments with 20 or more dwelling units must meet the following additional standards: a. All bicycle parking required by Paragraph 18.230.040.F.5 above must be provided inside a structure or under a roof. This bicycle parking is exempt from the location standards of Chapter 18.410, Off Street Parking and Loading, but may not be located inside individual dwelling units. b. Additional bicycle parking must be provided that is equal to or greater than 15% of the minimum parking requirement as provided in Paragraph 18.230.040.F.5 above. This additional bicycle parking must be provided within 20 feet of the street property line and be visible to pedestrians from the public sidewalk in front of the site. Bicycle parking may be located in the public right- of-way with approval of the City Engineer. G. Utilities and service areas. 1. Private utility facilities, such as transformers or control valves, that serve a single development must be located below ground or a minimum of 20 feet from any street property line or any property line adjacent to a residential zone if located above ground. 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 or any property line adjacent to a residential zone, except where located inside a building. H. Lighting. 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 Chapter 18.410, Off-Street Parking and Loading. 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 or sensitive lands boundary 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. The maximum illumination is zero footcandles at any sensitive lands boundary line. 3. Lighting must be shielded, with a cutoff angle of 90 degrees or greater to ensure that it does not shine upwards. Lighting sources, such as lamps and bulbs, may not be directly visible from adjacent properties or sensitive lands. I. Apartments are subject to all other applicable requirements of this title, including, but not limited to, standards related to streets, utilities, sensitive lands, and signs. 18.230.050 Design Standards A. Entrances. 1. For dwelling units with internal building access, a minimum of one entrance per building must be visible and accessible from a public or private street or outdoor common space. Additional entrances may face drive aisles, parking areas, or service areas. 2. For dwelling units without internal building access, a minimum of one entrance per dwelling unit must be visible and accessible from a public or private street, outdoor common space, or drive aisle that has a curb and path adjacent to the dwelling unit. 3. A required building entrance must be at an angle that is no more than 45 degrees from the street, common space, or drive aisle that it faces. A required building entrance to an individual dwelling unit may exceed this standard where it opens onto a porch or stoop provided the angle is no more than 90 degrees from the street, common space, or drive aisle that it faces. 4. 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 six feet above the top of the entrance, and a minimum of three feet in depth. The required weather protection may project into the minimum front setback. B. Windows. 1. All building facades that face a public or private street must include a minimum of 15% window area. 2. The minimum window area standard does not apply to stories with sloped roofs or dormers. C. Facade design. 1. All building facades that face a public or private street or outdoor common space must include at least two different architectural features from the list provided below. An additional two different architectural features per facade are required on all buildings with 20 or more dwelling units. This standard may be met by including different architectural features on different facades of the same building. Buildings that do not include dwelling units are exempt from providing architectural features on facades that face outdoor common space areas, but must provide at least two different architectural features on all street-facing facades. a. Facade articulation. A wall projection or recession that is a minimum of six feet in width and two feet in depth for a minimum of half the height of the facade and with a maximum distance of 40 feet between projections or recessions. b. Roof eave or projecting cornice. i. An eave that projects a minimum of 12 inches from the building facade; or ii. A cornice that projects a minimum of six inches from the building facade and is a minimum of 12 inches in height. c. Roof offsets or dormers. i. A roof offset that is a minimum of two feet from the top surface of one roof to the top surface of another roof as measured horizontally or vertically with a maximum distance of 40 feet between offsets. See Figure 18.230.1; or ii. One dormer for each top-story dwelling unit that is a minimum of four feet in width and integrated into the roof form. Figure 18.230.1 Roof Offset y\4116.___A 2'•ny in.•roof•offset1 \ V / t d. Accent siding. A minimum of two different siding materials are used, and one siding material covers a minimum of 40% of the building facade. e. Distinct base and top. The first story is visually distinguished from the upper stories by including a belt course and at least one of the following: i. a change in surface or siding pattern; ii. a change in surface or siding material; or iii. a change in the size or orientation of windows. f. Window area. A minimum of 50% window area is included. g. Window shadowing. All windows include at least one of the following: i. Window trim that is a minimum of 2.5 inches in width and 0.625 inches in depth; or ii. Windows that are recessed a minimum of three inches from the building facade. h. Balconies. Balconies are included on all upper stories that meet the dimensional requirement for private outdoor space provided in Subsection 18.230.040.D. i. Covered porches or recessed entrances. All first-story dwelling units with individual entrances include at least one of the following: i. A covered porch that is a minimum of five feet in width and depth; or ii. An entrance area that is a minimum of five feet in width and recessed a minimum of two feet from the building facade. j. Enhanced entrances or awnings. A building that provides internal access to dwelling units includes at least one of the following: i. A building entrance that is a minimum of eight feet in width and is either: (A) recessed a minimum of five feet from the building facade, or (B) covered with a permanent architectural feature that provides weather protection. The architectural feature must be at least as wide as the entry, a maximum of six feet above the top of the entry, and a minimum of five feet in depth. The architectural feature may project into the minimum front setback; or ii. A permanent architectural feature above all first-story windows, such as an awning or series of awnings, that are at least as wide as each window, a maximum of six feet above the top of each window, and a minimum of three feet in depth. The architectural feature may project into the minimum front setback. 2. The following building materials are prohibited on all building facades, including accessory structure facades, that face a public or private street or outdoor common space. They may not be used collectively on more than 35% of any other building facade. a. Vinyl PVC siding, b. T-111 plywood, c. Exterior insulation finishing (EIFS), d. Corrugated metal, e. Plain concrete or plain concrete block, f. Spandrel glass, or g. Sheet pressboard. 18.230.060 Accessory Structures Accessory structures are allowed subject to the following standards: A. Accessory structures are prohibited in the required front or street side setback; B. Accessory structures may be located in the required side or rear setback provided they are a minimum of five feet from the side and rear property lines and a maximum of 15 feet in height; and C. All accessory structures, 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 within 20 feet of any street property line or public access easement. Chapter 18.320 COMMERCIAL ZONE DEVELOPMENT STANDARDS 18.320.010 Purpose A. The purpose of this chapter is to provide standards for nonresidential development and mixed-use development in commercial zones that promote quality development and enhance the livability, walkability, and safety of the community. Standards prioritize more dense and walkable development, in order to enhance climate resilience and economic activity with the limited developable land available in the city. 18.320.020 Applicability A. The standards of this chapter apply to nonresidential and mixed-use development in the COM, MUC, MUE, and MUR zones. Additional standards apply to nonresidential and mixed-use development in the River Terrace Plan District as provided in. Chapter 18.640, River Terrace Plan District. B. Residential development, except for mixed-use development, in commercial zones is subject to the approval processes and standards of the applicable housing type in Chapter 18.200, Residential Development Standards. C. This chapter does not apply to the following: 1. Nonresidential and mixed-use development in the Bridgeport Village Plan District is subject to the standards of Chapter 18.620, Bridgeport Village Plan District. 2. Nonresidential and mixed-use development in the MU-CBD zone is subject to the approval processes and standards of Chapter 18.650, Tigard Downtown Plan District. 3. Nonresidential and mixed-use development in the TMU zone is subject to the approval processes and standards of Chapter 18.660, Tigard Triangle Plan District. 4. Nonresidential and mixed-use development in the Washington Square Regional Center Plan District is subject to the standards of Chapter 18.670, Washington Square Regional Center Plan District. 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. 18.320.040 Site Design Standards A. Base zone standards. 1. Base zone site design standards are provided in Table 18.320.1. and Subsections 18.320.040.B - J. 2. Existing development or proposed additions are exempt from maximum building setback standards. Table 18.320.1 Commercial Zone Site Design Standards for Nonresidential Development Standard COM MUC MUE MUR Minimum Setback (ft) - Front or street-facing 1 1 1 1 - Side or rear adjacent to nonresidential or RES-E 0 0 0 0 zone - Side or rear adjacent to 15 0 15 20 a RES-A—RES-D zone Maximum front or street- 20 None 12 12 facing Setback (ft) Maximum Lot Coverage 100% 100% 100% 100% Minimum Landscape 0% 0% 0% 0% Area Minimum Site Tree The minimum site tree canopy standards are provided in Canopy Coverage Section 18.420.060. Minimum Parking Lot The minimum parking lot tree canopy standards are Tree Canopy Coverage provided in Subsection 18.410.030.M. B. Setbacks. Minimum and maximum building setbacks are met when at least 70 percent of the building facade facing a public or private street is located within the setback. C. Common space. Mixed-use development in the MUR and MUC zones is required to provide common space as provided in Subsection 18.230.040.C. D. Landscaping and screening. Landscaping and screening standards are provided in Chapter 18.420, Landscaping and Screening. Landscaping and screening are required as follows: 1. 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. 2. Nonresidential development that abuts a residential zone must be screened to the S-3 standard along all property lines, except street property lines. 3. 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. E. Pedestrian access. 1. Paths are required and must provide safe and convenient pedestrian access from public sidewalks abutting the site to all required building entrances on the site. 2. For every 200 linear feet of street frontage, a minimum of one path must be provided that connects an adjacent planned or existing sidewalk to a building entrance or structure intended for public access. 3. 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 Chapter 18.410, Off-Street Parking and Loading. 4. 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. 5. Paths must be constructed with a hard surface material and have a minimum unobstructed width of five feet. F. Utilities and service areas. 1. Private utility facilities, such as transformers or control valves, that serve a single development must be located below ground or a minimum of 20 feet from any street property line or any property line adjacent to a residential zone if located above ground. 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 or any property line adjacent to a residential zone, except where located inside a building. G. Lighting. 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 Chapter 18.410, Off-Street Parking and Loading. 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. H. Driveways. The following standards apply to new driveways or substantial redevelopment. 1. For each street frontage less than or equal to 300 feet in length, a maximum of one driveway per street frontage is allowed. 2. For each street frontage more than 300 feet in length, a maximum of one driveway for every 200 feet of street frontage is allowed. I. Parking and loading areas. 1. Vehicle parking and loading areas must be designed and located to minimize conflicts between vehicular and non-vehicular traffic. 2. Loading areas must be designed and located to minimize adverse impacts on adjacent properties when adjacent to a residential zone. 3. 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. 4. Bicycle parking may be located in the public right-of-way with approval of the City Engineer. J. Other standards. Development in commercial zones is subject to all other applicable standards of this title, including, but not limited to, standards related to parking and loading, streets and utilities, sensitive lands, and signs. 18.320.050 Building Design Standards A. Floor Area Ratio (FAR). There are no minimum or maximum FAR requirements for development in commercial zones. B. 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. 2. A required entrance must be within 1 foot above or below the grade of the adjacent sidewalk. 3. A required building entrance must be at an angle that is no more than 45 degrees from the street that it faces. 4. 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 six feet above the top of the entrance, and a minimum of three feet in depth. The required weather protection may project into the minimum front setback. C. Windows. Building facades facing public or private streets when located within 35 feet of the street-facing property line must include a minimum window area as provided in Table 18.320.3. Table 18.320.3 Minimum Window Area Story Use Minimum Window Area First Story Nonresidential 50% of facade Residential 30% of facade Upper Stories Nonresidential 30% of facade Residential 20% of facade (not applicable to stories with sloped roofs or dormers) D. Building Height. 1. The minimum and maximum building height for each zone is provided in Table 18.320.4. 2. In all zones, the facade facing a public or private street must include a first story with a minimum height of 12 feet and maximum height of 25 feet. Where the minimum height is 25 feet in Table 18.320.4, the building must provide a minimum of two stories. Table 18.320.4 Height by Zone Development or Use Minimum Minimum Stories Maximum Zone Building Height Required Building Height (in feet) (in feet) Nonresidential 12 1 45 COM Mixed-use 25 2 100 MUE Nonresidential 12 1 75 Mixed-use 25 2 100 MUC Any 12 1 185 MUR Residential 12 1 60 Mixed-use 25 2 60 E. Roofs. Roofs must have a minimum solar reflectance index of at least 64. Any roof area not meeting this standard must be constructed as an ecoroof, except where being used for mechanical equipment, stairwells, solar arrays, maintenance access, rooftop parking, rooftop decks, skylights, or mechanical equipment. F. Building Projections. Building projections are allowed as follows: 1. Architectural elements such as eaves, cornices, and bay windows may project a maximum one foot into the minimum building setback as shown in Figure 18.320.1. 2. Balconies may project into the minimum building setback and public right-of- way as shown in Figure 18.320.1. Balconies may project a maximum of 4 feet into the right-of-way. Balconies that project into the right-of-way must have a minimum vertical clearance of 10 feet from sidewalk grade and are subject to approval by the City Engineer. 3. Weather protection elements, such as canopies or awnings, may project into the right-of-way a maximum of 6 feet or the minimum sidewalk width along the building frontage, whichever is less. Elements that project into the right-of-way must have a minimum vertical clearance of 8 feet from sidewalk grade and are subject to approval by the City Engineer. Figure 18.320.1 Building Projection Standards Building Projection Standards a— 1'max.projection into minimum building setback II 4'max.projection into public right-opway S 3'min,depth For required weather protection and 6'max.projection into public right-of-way 8'min.vertical clearance 1 T . • l. • • Private property Public right-ot•way G. Facade Variation. All street-facing facades more than 50 feet in length that are located within 35 feet of a street property line must provide at least one element from the following list. Elements must be repeated or distributed along the length of the facade so that there is no more than 40 feet between elements. 1. A change in surface or siding material, color, or pattern; or 2. A wall projection or recession that is a minimum of six feet in width and two feet in depth for a minimum of half the height of the facade. 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 facility. 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. Chapter 18.330 INDUSTRIAL ZONE DEVELOPMENT STANDARDS Chapter 18.330 INDUSTRIAL ZONE DEVELOPMENT STANDARDS 18.330.010 Purpose The purpose of this chapter is to provide standards for nonresidential development in industrial zones that serve industrial and manufacturing users while allowing for safer, more comfortable, and more attractive streetscapes for pedestrians. 18.330.020 Applicability A. The standards of this chapter apply to nonresidential development in the IND zone. B. Nonresidential development in the IND zone within the Durham Advanced Wastewater Treatment Facility Plan District is subject to the standards of Chapter 8.630, Durham Advanced Wastewater Treatment Facility Plan District. 18.330.030 Application Type Nonresidential development in the IND zone requires a site development review application, except where a conditional use or planned development application is required or proposed. 18.330.040 Site Design Standards A. Base zone site design standards are provided in Table 18.330.1. Table 18.330.1 Industrial Zone Site Design Standards for Nonresidential Development Standard IND Minimum Setbacks - Front and street-facing 1 ft - Side or rear adjacent to 50 ft residential zone - Side or rear adjacent to 1 ft nonresidential zone Maximum Lot Coverage 85% Minimum Landscape Area 15% Table 18.330.1 Industrial Zone Site Design Standards for Nonresidential Development Standard IND Minimum Site Tree Canopy The minimum site tree canopy standards are provided Coverage in Section 18.420.060. Minimum Parking Lot Tree The minimum parking lot tree canopy standards are Canopy Coverage provided in Subsection 18.410.030.M. 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 18.330.1. Landscaping standards are provided in Section 18.420.040. Any landscape area used to meet minimum landscaping requirements must meet the L-2 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 18.330.040.C. b. Nonresidential development that abuts a nonindustrial zone must be screened to the S-3 standard along all property lines abutting the nonindustrial zone, except street property lines. c. Surface vehicle parking areas, loading areas, and drive aisles 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. C. Utilities and service areas. 1. Private utility facilities, such as transformers or control valves, that serve a single development must be located below ground or a minimum of 20 feet from any street property line or any property line adjacent to a residential zone if located above ground. 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 or any property line adjacent to a residential zone, except where located inside a building. D. Lighting. Lighting must be shielded, angled, or located such that it does not shine upwards or onto adjacent residentially-zoned properties or sensitive lands. The maximum illumination is 0.5 footcandles measured vertically at the property line where abutting a residential zone or sensitive lands. E. Pedestrian access. 1. Paths are required and 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 Chapter 18.410, Off-Street Parking and Loading. 2. 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. 3. Paths must be constructed with a hard surface material and have a minimum unobstructed width of five feet. 18.330.050 Building Design Standards A. Height. There is no minimum or maximum height. B. Roofs. Roofs must have a minimum solar reflectance index of at least 64. Any roof area not meeting this standard must be constructed as an ecoroof, except for areas used for stairwells, solar arrays, rooftop parking, rooftop decks, sunroofs, or mechanical equipment. C. Loading docks and bays. New buildings or additions may include a maximum of one elevated loading dock per tenant or per 100 lineal feet of building facade, whichever is greater. There is no maximum number of at-grade loading docks or roll-up garage doors. Chapter 18.670 WASHINGTON SQUARE REGIONAL CENTER PLAN DISTRICT Sections: 18.670.010 Purpose 18.670.020 Applicability 18.670.030 General Provisions 18.670.040 Review Process 18.670.050 Land Use Standards 18.670.060 Housing Types 18.670.070 Site Design Standards 18.670.080 Building Design Standards 18.670.090 Additional Standards for Residential or Mixed-Use Development 18.670.100 Transportation Standards 18.670.010 Purpose The purpose of this chapter is to implement the land use and transportation policy framework for the portion of the Washington Square Regional Center within Tigard's urban planning area. This chapter implements the goals and policies of the Tigard Comprehensive Plan and Metro's long-range growth management plan for the Portland metropolitan area, particularly those related to regional centers. It also advances the goals of the Department of Land Conservation and Development's Climate-Friendly and Equitable Communities program. The standards and procedures in this chapter are designed to: A. Facilitate a complementary mix of residential and nonresidential land uses that support a wide range of working, living, shopping, and travel options. B. Foster urban-scale development at transit-supportive levels throughout the entire plan district, but particularly in the Design Review Subdistrict, to meet the needs of Tigard and the region in a carbon-responsible and climate-resilient manner. C. Promote the development of safe, comfortable, and interesting public gathering spaces and active transportation facilities that support a walkable and vibrant urban environment. D. Respect the needs of the community and the area's unique and diverse development patterns through the creation of three subdistricts. 1. Design Review Subdistrict. The purpose of this subdistrict is to facilitate the development of a highly urbanized mixed-use neighborhood that prioritizes the comfort and needs of people by utilizing pedestrian-scale design principles and providing a variety of inviting public spaces and high-quality active transportation facilities. 2. Apartment Subdistrict. The purpose of this subdistrict is to facilitate the development of apartments at a variety of scales to the exclusion of all other housing types. 3. Metzger Business Subdistrict. The purpose of this subdistrict is to foster neighborhood-scale mixed-use development that reinforces the identity of this area as a local commercial hub. 18.670.020 Applicability A. Applicability. The standards and procedures in this chapter apply to all property within the Washington Square Regional Center Plan District, with the following clarifications: 1. Property within the Residential-B (RES-B) zone or the Parks and Recreation (PR) zone is exempt from the provisions of this chapter, but not from the provisions of this title. 2. Property within the subdistricts shown on Map 18.670.A are subject to different or additional development standards, use restrictions, or review processes as provided in this chapter. B. Boundary map. The plan district, base zones, subdistricts, and jurisdictional boundaries are shown on Map 18.670.A. These boundaries, except for the subdistricts, are also included on the Tigard Zoning Map. C. Unincorporated Washington County. This chapter includes future zoning designations for unincorporated Washington County property within the plan district. The standards and procedures in this chapter, including the zoning designations shown on Map 18.670.A, will apply to these properties upon annexation to the City of Tigard. Map 18.670.A • —a_:. — - r- CAMILLE TER' .d• t�j • 1n I '®. A�".a`�s•• GARDEN LN o Washington Square Plan District: it I - l H4 Boundary and Zoning Map +�: �_� TI_ ' MAYO ST,__�� I 1 Washington Square Plan District Suhdis[rirts z— ¢J 7-I *�< IMIMixed-Use Commercial(MUC)Zone ®Apartment +� r—N 1 Mixed-Use Employment(MUE)Zone I I Design Review _o r* II ALDEN ST i � Ti' V'_ Mixed-Use Residential(MUR)Zone Metzger Main Street y �+ �,i 1 - r, GoowlI RI' 10 ll Parks and Recreation{PR)Zone �(' m_ I I 1'�.'� Residential B(RES-B)Zone fl y� � '17;1Ii 11 �, \t s:, Q Tigard City Boundary LEs4E 5T-, �Ir�i _-Lt/ -a��cTl r ��5 , ipp`-',, 6,'rog,A,_is- .: �\1( Ii , 1 _ 'TAYLORS FERRY RD 0--■-r H....,-... o � 111- WCll ly .. �_ BOMrrAR+'- -_ Iw.le I f' .4 �N7�F Jr EASE;:f LIZZIE CTQpJ � rnnJicT 1� ! 1 BORDERS ST ELU'w000 9T nLERMANN ST `"K ST' v� L Ar, 7 .:S���� m P 7 ECORAL S1 `- 1 NITKAR(T= '.--------71 O��%r ocLIST T LANDAl1i5T II \ L 1 II L--11 _ - _ - -_ PI:47,4,01, 'oak I'mit ad LC1 4N ` L 21IIIliboil`C0? w OAK s = ]ingiumrl, a. `..L-1hll "PINE ST "411 B'.ar_I( '� `ll a�P.O.• L1111111 SHAOY LN._ 0,-, "' Q cLNEV/,sT -wINDsoRPL ,tv - 'l II TILf,I ia J ZrMI 5r-- ! i .iI -2- > , CO Y16§ }-a�_ -...I /` -^1 S1rI,;E qr A 1.1. CIIJ W _ 5 L- _ I ■ .I�,IIII No " _ NORTH DAKOTA ST el MEGAN TERIMMO ��� Z 1 IV441 VII 1 I IM II ~ ■ rli V • 0 \ Q m PrAFFLE`ZT `� ry �� fie, �j� r r (! ��� a !V a a r , ••a w TA a i'?A(� 1 ...:. k ti0 1 .,. \`.. o .I<BLr_�.,� _ �■ - TIGARDST- 18.670.030 General Provisions A. The standards and procedures in this chapter apply in addition to all other applicable provisions of this title, except that this chapter supersedes the standards in the following chapters: 1. Chapter 18.100, Base Zones; and 2. Chapter 18.300, Nonresidential Development Standards. B. The standards and procedures in this chapter govern in the event of a conflict. C. The standards and procedures in Tigard Municipal Code Chapter 15.16, Encroachment Permits, apply where any privately-owned structures or furnishings allowed by this chapter are proposed to encroach into the public right-of-way. 18.670.040 Review Process A. Plan District Review Process. The following review processes apply to development in the plan district, except for development in the Design Review Subdistrict, which is subject to the approval processes provided in Section 18.670.040.8. 1. New nonresidential development or mixed-use development requires a site development review application as provided in Chapter 18.780, Site Development Reviews, except when a conditional use or planned development is required or proposed. 2. Residential development, except for mixed-use development, is subject to the review processes associated with the proposed housing type, as provided in Chapter 18.200, Residential Development Standards. B. Design Review Subdistrict Review Process. The following review processes apply in the Design Review Subdistrict. 1. Residential development, except for mixed-use development, that complies with the additional standards provided in Subsection 18.670.090.6 is subject to the review processes associated with the proposed housing type, as provided in Chapter 18.200, Residential Development Standards. 2. Mixed-use development that complies with all applicable standards provided in this chapter requires a site development review application as provided in Chapter 18.780, Site Development Reviews. 3. The following types of development require a development design review as provided in Chapter 18.725, Development Design Reviews: a. Mixed-use development that does not comply with all the standards provided in this chapter; b. Residential development that does not comply with the additional standards provided in Subsection 18.670.090.B; or c. New nonresidential development or a major modification to nonresidential development. C. Boundary amendments. Plan district or subdistrict boundary amendments are subject to the legislative process in Chapter 18.790, Text and Map Amendments. 18.670.050 Land Use Standards A. General provisions. A list of allowed, restricted, conditional, and prohibited uses is provided in Table 18.670.1. 1. Allowed (A). Uses that are allowed, subject to all of the applicable provisions of this title. 2. Restricted (R). Uses that are subject to special requirements, exceptions, or restrictions provided in Subsections 18.670.050.B-D. Use restrictions may be adjusted through an adjustment application as provided in Chapter 18.715, Adjustments, a development design review application as provided in Chapter 18.725, Development Design Reviews, or a planned development review application as provided in Chapter 18.770, Planned Developments. 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 and are not adjustable through an adjustment nor a development design review. Table 18.670.1 Land Uses by Zone Land Use Categories MUC Zone MUE Zone MUR Zone Residential Use Category Residential Use A R A Civic Use Categories Table 18.670.1 Land Uses by Zone Land Use Categories MUC Zone MUE Zone MUR Zone Basic Utility R/C R/C R/C Cemetery P P P Detention Facility P P P Government Services A A A Railroad Yard P P P School or Religious Facility C C C Temporary Shelter A A A Transportation and Utility Corridor A A A Wireless Communications Facility R R R Commercial Use Categories Adult Entertainment P P P Commercial Lodging A A A Indoor Sales and Services R R R Major Event Entertainment C P P Mobility Hub R R R Motor Vehicle Fuel Sales P A P Motor Vehicle Sales and Rental R R P Motor Vehicle Servicing P R P Non-Accessory Parking R R P Office A A R Outdoor Sales and Services P P P Self-Service Storage P P P Industrial Use Categories Industrial and Manufacturing R R P Off-Site Services P R P Warehouse and Distribution P P P Waste-Related Facility P P P Wholesale and Equipment Rental P R P B. MUC zone use restrictions. 1. Basic Utility. a. This use is conditionally allowed. b. Data centers are conditionally allowed only on or above the second story of a mixed-use development. 2. Wireless Communications Facility. See Chapter 18.450, Wireless Communication Facilities, for allowed and restricted facilities. 3. Indoor Sales and Services. a. The maximum gross floor area is 30,000 square feet per tenant for new buildings and additions. New tenants in the existing footprint of existing buildings are exempt from this restriction. b. All inventory and materials, except parking, must be contained completely within a building. c. Outdoor animal kennels are prohibited. All animal kennels associated with breeding, boarding, or sales must be contained completely within a building. d. Uses with drive-through services are prohibited. 4. Mobility Hub. A maximum of ten car charging stations is allowed per hub. 5. Motor Vehicle Sales and Rental. a. This use is prohibited outside the Design Review Subdistrict. b. All sales and rental inventory, materials and equipment, and vehicle service areas must be contained completely inside a building, except for the existing Motor Vehicle Sales and Rental development located at the northwest corner of Highway 217 and Greenburg Road. c. If the use includes accessory motor vehicle servicing activities, i. Any adverse impacts from the proposed servicing activities are mitigated to the extent practicable, including, but not limited to, noise, odors, and vibrations; ii. All customer vehicle drop-off areas associated with the proposed servicing activities are clearly identified and designed to prevent vehicle idling and queuing outside of a building; and iii. The proposed servicing activities and associated driveways, accessways, drive aisles, and parking areas are located and designed to support pedestrian access, safety, and comfort. 6. Non-Accessory Parking. This use is allowed only as structured parking with at least two floors of parking. 7. Industrial and Manufacturing. All inventory and materials, except parking, must be contained completely within a building. C. MUE zone use restrictions. 1. Residential Use. a. Any combination of residential and nonresidential use proposed for the same site and not contained in a mixed-use development requires planned development review. b. Allowed civic, allowed commercial, or restricted industrial uses must make up at least 30 percent of the gross floor area. 2. Basic Utility. a. This use is conditionally allowed. b. Data centers are conditionally allowed only on or above the second story of a mixed-use development. 3. Wireless Communications Facility. See Chapter 18.450, Wireless Communication Facilities, for allowed and restricted facilities. 4. Indoor Sales and Services. a. The maximum gross floor area is 30,000 square feet per tenant. b. All inventory and materials, except parking, must be contained completely within a building. c. Outdoor animal kennels are prohibited. All animal kennels associated with breeding, boarding, or sales must be contained completely within a building. d. Uses with drive-through services are prohibited. 5. Mobility Hub. A maximum of ten car charging stations is allowed per hub. 6. Motor Vehicle Sales and Rental. All sales and rental inventory, materials and equipment, and vehicle service areas must be contained completely within a building or located behind a building such that inventory and service areas are not visible from Cascade Avenue. 7. Motor Vehicle Servicing. All activities and storage, including any vehicle inventory, must be contained completely within a building. 8. Non-Accessory Parking. This use is allowed only as structured parking with at least two floors of parking. 9. Industrial and Manufacturing. All inventory and materials, except parking, must be contained completely within a building. 10. Off-Site Services. a. The maximum gross floor area is 20,000 square feet per tenant. b. A maximum of 20 vehicles may be parked overnight on-site. c. All inventory and materials, except parking, must be contained completely within a building. 11. Wholesale and Equipment Rental. a. The maximum gross floor area is 20,000 square feet per tenant. b. All inventory and materials, except parking, must be contained completely within a building. D. MUR zone use restrictions. 1. Basic Utility. a. This use is conditionally allowed. b. Data centers are conditionally allowed only on or above the second story of a mixed-use development. 2. Wireless Communications Facility. See Chapter 18.450, Wireless Communication Facilities, for allowed and restricted facilities. 3. Indoor Sales and Services. This use is allowed only as part of a mixed-use development. 4. Office. This use is allowed only as part of a mixed-use development. 18.670.060 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 is provided in Table 18.670.2. Terms and abbreviations used are defined as follows: 1. Yes, allowed (Y). Housing types that are allowed. 2. Limited (L). Housing types that are allowed subject to specific limitations. 3. No, prohibited (N). Housing types that are not allowed under any circumstance. C. All housing types are subject to the standards and provisions of the applicable development standards chapter. The applicable chapter for each housing type is provided in Table 18.670.2. D. All allowed housing types may be built on site or manufactured off site. Table 18.670.2 Washin•ton S•uare Re•ional Center Housin• T •es Housing Types Applicable MUC MUE MUR Chapter Accessory Dwelling 18.220 N N Y/L Units Apartments 18.230 L N Y Cottage Clusters 18.240 N N Y/L Courtyard Units 18.250 N N Y/L Mobile Home Parks 18.260 N N N Quads 18.270 N N Y/L Rowhouses 18.280 L N Y/L Small Form 18.290 N N Y/L Residential Mixed-Use 18.670 Y Y Y Development Y=Yes, Allowed L=Limited N=No, Prohibited E. Limited housing types in subdistricts. 1. Limited housing types in the MUC zone. a. Rowhouses are allowed only in the Design Review Subdistrict. b. Only mixed-use development is allowed in the Metzger Business Subdistrict. All other housing types are prohibited. 2. Limited housing types in the MUR zone. Only apartments and mixed-use development are allowed in the Apartment Subdistrict. All other housing types are prohibited. 18.670.070 Site Design Standards A. General provisions. 1. Site design standards for nonresidential and mixed-use development are provided in Table 18.670.3 and Subsections 18.670.070.B - G. 2. Residential development, except for mixed-use development, is subject to standards of the applicable housing type in Chapter 18.200, Residential Development Standards. 3. Development reviewed through a development design review application is not subject to these standards and is evaluated through the development design review process. Table 18.670.3 Site Design Standards by Zone Setback Standards MUC Zone MUE Zone 1 MUR Zone Minimum Setback in Feet - Front or street property line 1 I 1 1 - Side or rear adjacent to nonresidential 0 0 0 or mixed-use zone - Side or rear adjacent to a residential 0 15 20 zone Maximum Setback in Feet - Front or street property line 12 I 12 I 20 Lot Coverage No minimum or maximum lot coverage. Landscape Area No minimum or maximum landscape area. Minimum Site Tree Canopy Coverage The minimum site tree canopy standards are provided in Section 18.420.060. Minimum Parking Lot Tree Canopy The minimum parking lot tree canopy Coverage standards are provided in Subsection 18.410.030.M. B. Setbacks. 1. Minimum and maximum building setbacks are met when at least 70 percent of the building facade is located within the required setbacks. 2. Existing development and proposals for attached additions are exempt from maximum building setback standards. C. Landscaping and Screening. Landscaping and screening standards are provided in Chapter 18.420, Landscaping and Screening. Landscaping and screening are required as follows: 1. The area between the building facade and the street property line must be landscaped to the L-2 standard. 2. 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. 3. Nonresidential development that abuts a residential zone must be screened to the S-3 standard along all property lines, except street property lines. 4. 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. D. Pedestrian access. 1. Paths are required and must provide safe and convenient pedestrian access from public sidewalks abutting the site to all required building entrances on the site. 2. A minimum of one path to a building or structure intended for public access is required for every 200 linear feet of street frontage. 3. 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 Chapter 18.410, Off-Street Parking and Loading. 4. 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. 5. Paths must be paved with a hard surface material and have a minimum unobstructed width of five feet. E. Driveways. Driveway standards apply when introducing a new driveway to a development or when substantially redeveloping a site. 1. For each street frontage less than or equal to 300 feet in length, a maximum of one driveway per street frontage is allowed. 2. For each street frontage more than 300 feet in length, a maximum of one driveway per 200 feet of street frontage is allowed. F. Utilities and service areas. 1. Private utility facilities, such as transformers or control valves, that serve a single development must be located below ground or a minimum of 20 feet from any street property line or any property line adjacent to a residential zone. 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 or any property line adjacent to a residential zone, except where located inside a building. G. Lighting. 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 Chapter 18.410, Off-Street Parking and Loading. 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. 18.670.080 Building Design Standards A. General provisions. 1. Building design standards for nonresidential and mixed-use development are provided in Subsections 18.670.080.B - H. 2. Residential development, except for mixed-use development, is subject to standards of the applicable housing type in Chapter 18.200, Residential Development Standards. 3. Development reviewed through a development design review application is not subject to these standards and is evaluated through the development design review process. B. Building height. 1. The minimum and maximum height for each zone and subdistrict is provided in Table 18.670.4. 2. The facade facing a public or private street must include a first story with a minimum height of 12 feet and maximum height of 25 feet. Where the minimum height is 25 feet in Table 18.670.5, the building must provide a minimum of two stories. Table 18.670.4 Height by Zone and Subdistrict Development or Minimum Minimum Maximum Zone or Location Use Height (in Stories Height (in feet) Required feet) MUE Nonresidential 12 1 75 Mixed-Use 25 2 100 MUC Outside of a 12 1 185 Subdistrict MUC in the Any 1 185 Design Review 12 Subdistrict MUC in the Nonresidential 12 1 60 Metzger Business Mixed-Use36 2 75 Subdistrict MUR Outside of a Residential12 1 60 Subdistrict Mixed-Use 25 2 60 MUR in the Any 3 115 Apartment 36 Subdistrict D. 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. 2. For every 200 linear feet of street frontage, a minimum of one path must be provided that connects an adjacent planned or existing sidewalk to a building entrance or structure intended for public access. 3. A required entrance must be within 1 foot above or below the grade of the adjacent sidewalk. 4. A required building entrance must be at an angle that is no more than 45 degrees from the street that it faces. 5. 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 six feet above the top of the entrance, and a minimum of three feet in depth. The required weather protection may project into the minimum front setback. E. Facade design. All facades that extend more than 50 feet fronting a public or private street and are located within 35 feet of the street-facing property line must provide at least one of the following features: 1. A change in surface or siding material, color, or pattern; or 2. 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. F. Building projections. 1. Architectural elements such as eaves, cornices, and bay windows may project a maximum one foot into the minimum building setback as shown in Figure 18.670.1. Figure 18.670.1 Building Projection Standards Building Projection Standards 8— 1'max-projection info minimum building setbaca IIIIIIIIIIJI .4'max.projection info public right-o`-wn, 11/111111111 • ♦—3'min.depth for required weather protection 1 and 6'max.projecian into public right-of-way 8-min.vertical clearance 1 1 Pri wale property Publicright.of•wey 2. Balconies may project into the minimum building setback and public right-of- way as shown in Figure 18.320.1. Balconies may project a maximum of 4 feet into the right-of-way. Balconies that project into the right-of-way must have a minimum vertical clearance of 10 feet from sidewalk grade and are subject to approval by the City Engineer. 3. Weather protection elements, such as canopies or awnings, may project into the right-of-way a maximum of 6 feet or the minimum sidewalk width along the building frontage, whichever is less. Elements that project into the right-of-way must have a minimum vertical clearance of 8 feet from sidewalk grade and are subject to approval by the City Engineer. G. Windows. 1. Windows are required on all street-facing facades located within 35 feet of the street property line and are subject to the window area standards in Table 18.670.5. Any portion of a street-facing facade that contains vehicle parking, such as a parking structure, does not have to provide windows but must provide facade openings that meet the minimum required window area in Table 18.670.5. If required facade openings contain glass, they must meet the standards in Paragraph 18.670.080.G.3 If required facade openings do not contain glass, they may contain architectural elements that are no more than 30 percent sight-obscuring. 2. Window area is the aggregate area of the glass within each window, including any interior grids, mullions, or transoms. Facade area is the aggregate area of each street-facing vertical wall plane. 3. Required windows must be clear glass and not mirrored, frosted, or reflective. Clear glass within doors may be counted toward meeting the window coverage standard. Table 18.670.5 Minimum Window Area Story Use 1 Minimum Window Area First Story Nonresidential or Mixed-Use ° Building 50/° of facade Residential Building 30% of facade Upper Stories Nonresidential or Mixed-Use 30% of facade Building Residential Building 20% of facade (not applicable to stories with sloped roofs or dormers) H. Roofs. Roofs must have a minimum solar reflectance index of at least 64. Any roof area not meeting this standard must be constructed as an ecoroof, except where being used for mechanical equipment, stairwells, solar arrays, maintenance access, rooftop parking, rooftop decks, skylights, or mechanical equipment. 18.670.090 Additional Standards for Residential or Mixed-Use Development A. Common space is required for all apartment or mixed-use developments as provided in Subsection 18.230.040.C. B. Residential development or mixed-use development in the Design Review Subdistrict must meet the following standards. Development reviewed through a development design review application is not subject to these standards and is evaluated through the development design review process. 1. Common space must be provided and meet the standards Subsection 18.230.040.C. 2. Each dwelling unit must include private outdoor space that is directly accessible from the interior of the dwelling unit it serves. Each private outdoor space must be a minimum of 48 square feet in area and a minimum of five feet in width and depth. 3. A minimum of 20% of dwelling units must be regulated as affordable housing for households at 60 percent Area Median Income (AMI). 4. Mixed-use and residential buildings must be a minimum four stories. 18.670.100 Transportation Standards A. Minimum required transportation improvements are shown on Map 18.670.B Transportation Network Map. Map 18.670.6 I I ,H I -// Future street intersection locations Washington Square Plan District II and future street and trail Transportation Network Map ----,j alignments are illustrative.All future fir::: transportation facilities are subject Transportation Facilities I to change based on development • - I I review,final design,engineering �I — Existing Street I 1 and permitting by the applicable • _ Future Street I I approval authority. —J 1—_, ,, Existing Trail or Trail Connection I II .1 -�,= •a/• Future Trail or Trail Connection I r-- t li- •••• Future Nature Trail F IM Washington Square Plan District I FL I ./f Illi II - 1 .11 I LI H�''81y4�� �` 1j11 di■� s, �' I T ---LI--.1 ■ i1 1 i – ^ r-_ 1 ,, . _ � r1 I 1 L— i 1 i r�_ P" - SW L El bbl a it —'lil-. I1111'- [ I 1 i- 1 II •/l 11r II • — r . w , • L. u ■ _ J r _ I — • -- t Ih \ — eak--St. - I-k �''i -� �'�+ 1+ r 4r. •0 , � O _ �� 1 )�� l �• - LI r /_1111=1 = J• �`allll III 1 1.!_i_, 1--'I .M — .-.--,\_ __ man —� Lr-r ill J i H —� - • ...._— • aid is R� T. a Wil! ;_. _ _j ' a I. 7+ a 4 B. Greenburg Road. The following street design standards apply to Greenburg Road between Tiedeman Avenue and Hall Boulevard. Table 18.670.6 Street Elements and Widths Segment Location Maximum Required Elements ROW (ft) Segment A Highway 217 to 109 Sidewalks, planting strips, separated Washington Square bike lanes, and two travel lanes on both Road (south) sides of the street; center turn lane; northbound left turn lane Segment B Washington Square 103 Sidewalks, planting strips, separated Road (south) to Locust bike lanes, and two travel lanes on both Street sides of the street; southbound left turn lane Segment C Locust Street to 74.5 Sidewalks, separated bike lanes, and Washington Square one travel lane on both sides of the Road (north) street; two-way center turn lane Segment D Washington Square 79 Sidewalks, planting strips, separated Road (north) to bike lanes, and one travel lane on both Summit Drive sides of the street; two-way center turn lane Segment E Summit Drive to Hall 81.5 Sidewalks, separated bike lanes, and Boulevard one travel lane on both sides of the street; two-way center turn lane; northbound right turn lane C. Hall Boulevard. The following street design standards apply to Hall Boulevard between Highway 217 and Locust Street. 1. The maximum right-of-way width for this street is 75 feet. Additional right-of- way may be required at intersections as identified by the City Engineer. 2. The cross section must include two travel lanes; a center turn lane; and bike facilities, pedestrian facilities, and planting strips on both sides of the street. D. Oak Street. The following street design standards apply to Oak Street between Greenburg Road and Hall Boulevard. 1. The cross section for the north side of the street must be consistent with Table 18.910.1 for collector streets, except that on-street parking is allowed and no bike lane is required; and 2. The cross section for the south side of the street must be consistent with Table 18.910.1 for collector streets, except that on-street parking is allowed and a 12- foot-wide, grade-separated, multi-use path is required in lieu of a bike lane and sidewalk. E. Fee in lieu of construction (FILOC). If improvements to public transportation facilities are required for development along Greenburg Road or Hall Boulevard, the applicant may request to pay a fee in lieu of constructing the required improvements. The provisions of this Subsection do not allow the applicant to a pay a fee in lieu of dedicating any needed public right-of-way. 1. FILOC findings. If the City Engineer determines that a fee in lieu of construction satisfies one of the criteria in Paragraph 18.670.100.D.1, the city will accept a fee upon the City Engineer finding that deferring construction of required improvements will not result in any of the following. a. Safety hazards as determined by the City Engineer. b. New and significant street drainage issues as determined by the City Engineer. If the City Engineer cannot make such findings, then the city will not accept a fee and will require construction of the required improvements. 2. FILOC fees. If the City Engineer determines that required improvements are eligible for FILOC, the applicant must pay the fee in lieu of constructing the required improvements unless the city determines that the fee is not roughly proportional to the number of new trips estimated to be generated by the proposed development. The City Engineer will determine the fee based upon an estimate to construct the required improvements using the average cost of the most recent capital improvement project itemized bid prices. The applicant must pay the fee to the city prior to the issuance of any development permits. a. If full transportation facility improvements have been assessed with previous development on the site and the proposed development has additional impacts, the city may only assess additional FILOC fees when there has been a change to the city's street design standards. b. If partial transportation facility improvements have been assessed with previous development on the site and the proposed development has additional impacts, the city may assess additional FILOC fees for the balance of the improvements. c. If the applicant pays a fee in lieu of constructing the required improvements and is issued a development permit by the city but does not develop as planned, the applicant may request a refund of the FILOC fee within 3 years of payment. Any refunds are subject to the approval of the City Engineer. 2. FILOC program administration. Fees collected by the city will be used to construct public transportation facilities or to leverage additional grant money for larger transportation projects. An accounting of fees collected and expended will be made available by the city to the public on an annual basis at the end of the fiscal year. Expenditure of fees is subject to the following: Fees will be used for construction of public transportation facilities that benefit the development sites that paid the fees. Chapter 18.440 TEMPORARY USES 18.440.010 Purpose The purpose of this chapter is to establish standards for the approval of temporary uses. 18.440.020 Applicability A. Applicability. This chapter applies to all types of temporary uses listed in Section 18.440.030, unless they are exempt in Subsection 18.440.020.0 or D. B. Temporary uses allowed. The following temporary uses are allowed without a temporary use permit: 1. Seasonal and special events conducted exclusively by and for the benefit of a Tigard-based nonprofit organization; 2. Temporary Shelter, as an accessory use to a Religious Institution use or a Social/Fraternal Clubs/Lodges use, where the following are met: a. No more than 20 people are provided shelter at a time, b. Each stay does not exceed 30 days, and c. Temporary shelter is not provided on the property more than 90 total days in a year. 3. Garage sales; 4. Temporary construction offices in conjunction with the initial development of residential, commercial or industrial property (three or more dwelling units or lots); or 5. Seasonal and special events located entirely within the PR zone, public right- of-way, or city-owned property provided the use has received a special event permit pursuant to Tigard Municipal Code Chapter 7.48. C. Emergency situations. The Director may waive any of the requirements in this chapter or request additional information in compliance with Chapter 18.710, Land Use Review Procedures, for cases that involve destruction of an existing structure due to fire, natural causes, or other circumstances that are beyond the control of the applicant. An emergency as allowed by this subsection does not include failure by the applicant to submit a temporary use request as provided in this chapter. 18.440.030 Types of Temporary Uses A. Seasonal or special event. This type of temporary use is a use that by its nature will last less than one year. Examples of this type of use are those associated with the sale of goods for a specific holiday, activity, or celebration, uses associated with construction, or seasonal use. This type of use does not apply to businesses seeking a temporary or interim location. These types of temporary uses include: 1. Use associated with the celebration of a specific holiday such as the sale of Christmas trees and fireworks; 2. Use associated with the sale of fresh fruits, produce, and flowers, including seasonal markets by a chartered public service or non-profit organization that may offer additional products and services as provided in the organization's "market rules and policies" such as landscaping plants, prepared food, animal products, and art or handcrafts assembled by the vendor; 3. Use associated with festivals or celebrations or special events; 4. Seasonal activities such as the sale of food at sports events or activities; 5. Use associated with construction such as the storage of equipment during the construction of roads or development, but not a temporary sales office or model home as provided by this chapter; and 6. Temporary fund raising and other civic activities in commercial zones. B. Unforeseen or emergency situations. This type of temporary use is a use that is needed because of an unforeseen event such as fire, windstorm, flood, unexpected health or economic hardship, or due to an eviction resulting from condemnation or other proceedings. Examples of this type of temporary use include: 1. A mobile home or other temporary structure for a residential purpose in a residential zone; 2. A mobile home or other temporary structure for a business purpose in a commercial or industrial zone; and 3. Use of an existing dwelling or mobile or manufactured home during the construction period of a new dwelling unit on the same lot. C. Temporary sales office or model home. This type of use includes a temporary sales office or offices either in a dwelling unit or in another temporary building for the purpose of facilitating the sale of real property in any subdivision or property within this city. This includes the use of one dwelling unit in a subdivision as a "model home" for purposes of showing prospective buyers. D. Temporary use in commercial and industrial zones. This type of temporary use includes a temporary trailer or prefabricated building for use on any commercially or industrially zoned property within the city as a temporary commercial or industrial office or space associated with the primary use on the property. E. Food carts. This type of temporary use includes up to three food carts. 18.440.040 Approval Process A. Approval process. Temporary use applications are processed through a Type I procedure, as provided in Section 18.710.050. B. Approval period. An approval for a temporary use is valid for a period of 1 year unless otherwise stipulated by the approval. Approvals for food carts as a temporary use are valid indefinitely. C. Expiration. An approval for the temporary use will expire if: 1. Substantial construction of the approved plan or onset of the approved activity has not begun within the approval period; and 2. Construction or activity on the site is a departure from the approved plan. 18.440.050 Approval Criteria A. Seasonal and special events. The approval authority will approve or approve with conditions seasonal and special events when all of the following are met: 1 . The use occurs only once in a calendar year and for no longer a period than 30 consecutive days, except as provided in Paragraph 18.440.050.A.6; 2. The use is allowed in the applicable base zone; 3. The applicant has proof of the property owner's permission to place the use on the property; 4. There will be no parking utilized by the customers and employees of the temporary use that is required to meet the minimum parking requirements for the other uses on the property, as required by Chapter 18.41 , Off-Street Parking and Loading; 5. The use will provide adequate vision clearance, as required by Chapter 18.930, Vision Clearance Areas, and not obstruct pedestrian access on public rights-of-way; and 6. Seasonal markets are allowed in the C-G and MU-CBD zones and may operate from April through October. The applicant must provide "market rules and policies" for city approval, which are consistent with the seasonal market use description in Paragraph 18.440.030.A.2 and will be observed for the duration of the permit. Market rules and policies must include hours of operation, location, product guidelines, vendor obligations, vehicle loading or unloading, and any other applicable policies guiding the operation of the market. The city may also consider the following criteria: a. Provide documentation demonstrating adequate and safe ingress and egress exist when combined with the other uses of the property, in compliance with Chapter 18.920, Access, Egress, and Circulation; b. Provide documentation demonstrating the use will not create a traffic hazard, including coordination with ODOT if applicable; c. Provide documentation that the use will not create adverse off-site impacts related to noise, odors, vibrations, glare, or lights that would be greater than otherwise allowed by uses allowed in the base zone; and d. Signs are allowed as provided in Chapter 18.435, Signs; however, temporary signs may be approved for a period of time to correspond with the duration of the seasonal market use. B. Unforeseen or emergency situations. The approval authority will approve or approve with conditions unforeseen or emergency situations when all of the following are met: 1. The need for the use is the direct result of a casualty loss such as fire, wind storm, flood, or other severe damage by the elements to a pre-existing structure or facility previously occupied by the applicant on the premises for which the permit is sought; or 2. The use of a mobile or manufactured home on a lot with an existing dwelling unit is necessary to provide adequate and immediate health care for a relative who needs close attention who would otherwise be required to receive needed attention from a hospital or care facility; or 3. The applicant has been evicted within 60 days of the date of the application from a pre-existing occupancy of the premises for which the permit is sought as a result of condemnation proceedings by a public authority, or eviction by abatement of nuisance proceedings, or by determination of a public body or court having jurisdiction that the continued occupancy of the facilities previously occupied constitutes a nuisance or is unsafe for continued use; or 4. There has been a loss of leasehold occupancy rights by the applicant due to unforeseeable circumstances or other hardship beyond the foresight and control of the applicant; and 5. There exists adequate and safe ingress and egress when combined with the other uses of the property, as required by Chapter 18.920, Access, Egress and Circulation, and Chapter 18.930, Vision Clearance Areas; and 6. There exists adequate parking for the customers of the temporary use as required by Chapter 18.410, Off-Street Parking and Loading; and 7. The use will not result in congestion on adjacent streets; and 8. The use will pose no hazard to pedestrians in the area of the use; and 9. The use will not create adverse off-site impacts including noise, odors, vibrations, glare, or lights that will affect adjoining uses in a manner that other uses allowed in the base zone would not affect adjoining uses; and 10. The use can be adequately served by sewer or septic system and water, if applicable. C. Temporary sales office or model home. The approval authority will approve or approve with conditions a temporary sales office or model home when all of the following are met: 1. Temporary sales office. a. The temporary sales office must be located within the boundaries of the subdivision or property in which the real property is to be sold; and b. Sales offices approved through the provision of this chapter may not be permanent. 2. Model home. a. The model home must be located within the boundaries of the subdivision or property where the real property to be sold is situated; and b. The property to be used for a model house must be a permanently designed dwelling unit. D. Temporary use in commercial and industrial zones. The approval authority will approve or approve with conditions a temporary trailer or prefabricated building when all of the following are met: 1. The temporary trailer must be located within the boundaries of the property on which it is located; 2. The property to be used for a temporary trailer must already be developed; 3. There exists adequate and safe ingress and egress when combined with the other uses of the property; as required by Chapter 18.920, Access, Egress, and Circulation, and Chapter 18.930, Vision Clearance Areas; 4. There exists adequate parking for the customers or users of the temporary use as required by Chapter 18.410, Off-Street Parking and Loading; 5. The use will not result in congestion on adjacent streets; 6. The use will pose no hazard to pedestrians in the area of the use; 7. The use will not create adverse off-site impacts including noise, odors, vibrations, glare, or lights that will affect the adjoining uses in a manner that other uses allowed in the base zone would not affect the adjoining uses; 8. The use can be adequately served by sewer or septic system and water, if applicable; and 9. The length of time that the temporary building will be used is the maximum needed to address the hardship. E. Food carts. The approval authority will approve or approve with conditions a temporary use application for a food cart use when all of the following are met: 1. The cart is located on a property with an existing nonresidential use. 2. The cart meets the minimum setback standards for a building in the base zone in which it is located. 3. The cart does not obstruct or otherwise make unsafe any areas designed for pedestrian or vehicle movement to, from, or through the property on which the cart is located. 4. Any associated signs meet the regulations for the base zone provided in Chapter 18.435, Signs. 5. The addition of the proposed cart to the proposed location will not result in more than three food carts being present on that property. 6. The following design requirements are met: a. The cart has wheels and the wheels remain permanently attached and functional. b. If there are permanent utilities located on site, the cart has only temporary connections to such utilities and the connections may be easily removed at any time. c. Any canopies, awnings, or other attachments on the cart are entirely supported by the cart, and are fully collapsed outside of business hours. Chapter 18.715 ADJUSTMENTS 18.715.010 Purpose The purpose of this chapter is to provide an appropriate and efficient review process for granting relief from the specific requirements of this title to allow reasonable development or restricted uses or prevent undue hardship. Adjustments are intended to provide limited flexibility for development to address the requirements of this title through alternative or innovative means. 18.715.020 Applicability A. Applicability. This chapter applies to all proposals to adjust an existing requirement of this title. All requirements, such as development or design standards, may be adjusted except as provided in Subsection 18.715.020.6 or where specifically provided for elsewhere in this title, such as in Chapter 18.660, Tigard Triangle Plan District. B. Prohibited adjustments. Adjustments are prohibited in the following situations: 1. To allow a primary or accessory use that is prohibited; 2. To change or eliminate a regulation that contains an express prohibition; 3. To change or eliminate a threshold for a review; 4. To change or eliminate any part of an approval process, including approval periods; 5. To change a definition, a method of measurement, or the description of a use category; 6. To change or eliminate any regulations in Chapter 18.510, Sensitive Lands; or 7. To change the required density for a housing type in a residential zone. 18.715.030 General Provisions A. An applicant may seek relief from the specific requirements of this title through one of three types of adjustments. An applicant may either demonstrate that a proposed adjustment meets the criteria for adjustments to development standards or use restrictions; or that a hardship exists and a proposed adjustment is necessary to not preclude all reasonable economic use of the property. B. Some Plan Districts contain specific adjustment processes and approval criteria, which are evaluated separately from this chapter, as provided in Chapter 18.650, Tigard Downtown Plan District, and Chapter 18.660, Tigard Triangle Plan District. C. Multiple adjustment proposals will be processed concurrently. (Ord. 18-28 §1) 18.715.040 Approval Process An adjustment application is processed through a Type II procedure as provided in Section 18.710.060. 18.715.050 Approval Criteria The approval authority will approve or approve with conditions an adjustment application when all of the criteria in Subsection 18.715.050.A, B, or C are met. A. Criteria for adjustments to development standards. 1. The proposed adjustment results in development that is generally consistent with the purpose of the development standard to be adjusted and meets one of the following: a. Has only minor impacts on surrounding properties or public facilities, b. Addresses a site constraint or unusual situation, or c. Utilizes innovative design or results in sustainable development; 2. The proposed adjustment does not have a greater impact on city-designated sensitive lands than would otherwise occur if the adjustment was not approved; 3. If the proposed adjustment addresses a site constraint or unusual situation, utilizes innovative design, or results in sustainable development, any impacts from the proposed adjustment are mitigated to the extent practicable; and 4. If more than one adjustment is proposed, the cumulative effect of all the adjustments results in development that has only minor impacts on surrounding properties or public facilities. B. Criteria for adjustments to use restrictions. 1. The proposed adjustment is generally consistent with the purpose of the base zone where the restricted use is located; 2. The proposal includes public benefits. Public benefits may include, but are not limited to, the following: a. Energy Trust Path to Net Zero certification, as demonstrated by an approved EUI number, b. On-site generation and storage of renewable power, c. Off-site improvements to active transportation facilities, d. Other similar item as determined by the Director; 3. Any impacts resulting from the adjustment are mitigated to the maximum extent practicable; 4. The proposed adjustment does not have a greater impact on city-designated sensitive lands than would otherwise occur if the adjustment was not approved; and 5. If more than one adjustment is proposed, the cumulative effect of all the adjustments and associated mitigations results in development and activity that has only minor impacts on surrounding properties or public facilities. C. Criteria for demonstrating hardship. 1. Application of the development standard proposed for adjustment would preclude all reasonable economic use of the property; 2. The need for the proposed adjustment is the result of conditions or circumstances outside the control of the applicant or property owner; 3. The proposed adjustment results in development that equally or better meets the purpose of the development standard to be modified; and 4. Any impacts from the proposed adjustment are mitigated to the extent practicable. Chapter 18.725 DEVELOPMENT DESIGN REVIEWS Sections: 18.725.010 Purpose 18.725.020 Applicability 18.725.030 General Provisions 18.725.040 Review Process 18.725.050 Approval Criteria 18.725.060 Conditions of Approval 18.725.010 Purpose The purpose of this chapter is to ensure specific areas of the city utilize site and building design techniques that prioritize the well-being of people and promote carbon responsible transportation options, including transit. Design review facilitates creative site and building designs that result in high quality buildings, public spaces, and active transportation facilities. 18.725.020 Applicability This chapter applies to all new development, substantial redevelopment, or modifications to development or land use approvals where development design review is either proposed or required as provided in Subsection 18.670.040.B. 18.725.030 General Provisions A. If a proposal includes a change to a use restriction provided in Subsection 18.670.050.B, the proposed change is reviewed through the development design review process. B. Where development design review is proposed or required: 1. Site development review is not required. 2. Planned development review may not be requested. 3. Conditional use applications must be processed concurrently with the design development review. 18.725.040 Review Process A development design review application is processed through a Type II procedure as provided in Section 18.710.060, using the approval criteria in Section 18.725.050. 18.725.050 Approval Criteria The approval authority will approve or approve with conditions a development design review application when all of following criteria are met: A. Scale. The proposed development is thoughtfully integrated with its surroundings, at an urban scale that addresses pedestrian needs and comfort within the context of the area to be developed. Single story buildings are limited to buildings with a maximum 5,000 square-foot footprint and where promoting incremental development. The proposed development provides pedestrian- scaled places with strong relationships among buildings, open spaces, and pedestrian pathways; B. Pedestrian comfort. The proposed development is designed to support pedestrian access, safety, and comfort on and adjacent to the site. The proposed development bridges or removes any pedestrian barriers and implements pedestrian-friendly designs and block lengths; C. Building design. All building facades or fences that face active transportation facilities and are intended for regular public access are visually appealing and provide design elements including facade variation and windows. Buildings incorporate exterior design and building materials that exhibit permanence and quality; D. Parking. Pedestrian paths providing access to parking areas are designed so that a visitor only needs to park once to easily and comfortably access multiple destinations on site. Development also complies with the maximum parking standards provided in Chapter 18.410, Off-Street Parking and Loading; E. Common space. The proposed development includes publicly accessible common space that is designed to encourage public gathering through the integration of features such as broad steps or benches that serve as permanent seating, stoops, fountains, or plazas. Common space is located to easily serve the site and public, and is designed to provide safety and comfort for users while promoting vibrancy and livability. F. Active transportation facilities. Active transportation facilities are designed to be comfortable and desirable facilities to use and are visually prioritized over facilities intended for use by motor vehicles. G. Transit. The proposed development appropriately accommodates transit to or through the site in ways that best serve the public and proposed users of the development. The applicant provides documentation that TriMet has reviewed and approved any changes or impacts to transit routes or facilities. H. Stormwater facilities. Stormwater facilities provide community benefits in addition to stormwater management. Stormwater facilities are vegetated and thoughtfully integrated into the development site through the inclusion of features such as seating, sculptural elements, and pedestrian paths. Stormwater facilities may be used to meet minimum common open space requirements when designed to facilitate public access. I. Sustainability and resiliency. The development incorporates sustainable and resilient site and building designs that reduce GHG emissions and operating costs, improve livability, and reduce impacts from natural hazards and disasters. J. Streets and access. The city engineer has determined that any changes to streets or access points do not result in unsafe conditions. All private streets are located within tracts and public access easements. All transportation improvements are consistent with Map 18.670.B. K. Trees. The proposed development uses trees and landscaping to create a sense of place, provide protection from the elements, and mitigate the heat island effect of urban development. Development also complies with parking lot canopy requirements as provided in Subsection 18.410.030.M. L. Flexibility Request. If the proposal includes a change to a use restriction, the change results in development that is appropriately located, designed, and scaled to preserve and promote pedestrian-scaled urban development. 18.725.060 Conditions of Approval The approval authority may impose conditions of approval that are suitable and necessary to ensure that the proposal is consistent with the purpose of this chapter as embodied by the approval criteria. Conditions may include but are not limited to the following: A. Requiring more or higher quality pedestrian-oriented architectural elements; B. Requiring more or higher quality public spaces or community amenities; C. 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