DIR2002-00004 DATE: 12/9/2002 ! � 2 _� U �_ -
CO SECTIONS: 18.520.050
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[TOPIC:I Holiday Tree Sales in the C -N and C -C Zones
INTERPRETATION: The Community Development Code Section 18.520.050 establishes special limitations on
uses. The code allows "Accessory open -air sales, display and /or storage shall be
permitted for horticultural and food merchandise only and shall constitute no more than 5%
of the gross building floor area of any individual establishment.
Question:
Are holiday tree sales allowed in the C -N and C -C zones?
The code prohibits outside sales in both zones. However, the code does allow horticultural
and food merchandise subject to the 5% size limitation. I would interpret holiday tree sales
to fall under the category of horticultural and, therefore, be allowed. However, there are
limitations. The use is subject to the 5% size limitation and all other applicable standards
of the Community Development Code have to be met, i.e. parking, signage, etc.
Uses are subject to the Temporary Use provisions and payment of the city business tax is
required. Tigard based non - profit organizations are exempt from the Temporary Use
provisions but are still required to submit an application for review by the Planning Division
prior to conducting any business within the city limits.
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CITY OF TIGARD
Community Development
Shaping A Better Community
MEMORANDUM
CITY OF TIGARD
TO: Director's Interpretation File
FROM: Jim Hendryx, Director of Community Development
DATE: December 9, 2002
SUBJECT: Holiday Tree Sales in the C-N and C-C Zones
The Community Development Code Section 18.520.050 establishes special limitations on uses.
The code allows "Accessory open-air sales, display and/or storage shall be permitted for
horticultural and food merchandise only and shall constitute no more than 5% of the gross building
floor area of any individual establishment."
Question:
Are holiday tree sales allowed in the C-N and C-C zones? The code prohibits outside sales in both
zones. However, the code does allow horticultural and food merchandise subject to the 5% size
limitation. I would interpret holiday tree sales to fall under the category of horticultural and,
therefore, be allowed. However, there are limitations. The use is subject to 5% size limitation and
all other applicable standards of the Community Development Code have to be met, i.e. parking,
signage, etc.
Uses are subject to the Temporary Use provisions and payment of the city business tax is
required.
Tigard based non-profit organizations are exempt from the Temporary Use provisions but are still
required to submit an application for review by the Planning Division prior to conducting any
business within the city limits.
c: 2002 Director's Interpretations File
Christine Darnell, Code Enforcement Officer
Planning Staff
I:\cdadm\jerree\jim\general\interpretation-holiday tree sales in the CN & CC zones