Ordinance No. 09-13 CITY OF TIGARD, OREGON
TI+GARD CITY COUNCIL
ORDINANCE NO. 09-/°
AN ORDINANCE ADOPTING OMN113US " OU EK-ELPI " ITEMS TO U DATC THE TIGA i
MUNICIPAL CODE TITLE 18 (DEVELOPMENT CODE AMENDMENT-DCA2009-00003)
WHEREAS, the City has proposed amendments to the Tigard Municipal Code Title 18;and
WHEREAS,the Tigard Planning Commission held a public hearing,,which was noticed in accordance with City
standards, on July 6, 2009, and recommended approval of the proposed DCA2009-00003, as amended, by
motion and wllth unanimous Vote;and
WHEREAS, on September 8, 2009, the Tigard Ciq Council held a public hearing, which was noticed in
accordance with City standards, to consider the Planning Commission's recommendation on DCA2009-00003;
and
WHERE AS on September 8, 2009, the Tigard City Council adopted DCA2009-00003 by motion pursuant to
the public healing and its deliberations;and
WHEREAS, Council's decision to adopt DCA2009-00003 is based on the findings and conclusions found in
the City of Tigard Staff Report to the Planning Commission dated May 26, 2009, and the associated record,
which are incorporated herein by reference and are contained in land-use file DCA2009-00003;and
WHEREAS,the Tigard City Council has determined that the proposed Development Code Amendments are
consistent with the applicable Review Criteria, and that approving the amendments would be in the best interest
of the City of Tigard.
NOW,THEREFORE,THE CITY OF TIGARD ORDAINS AS FOLLOWS:
SECTION 1: The TigardMunicipal Code Title 18 is amended as shown in"EXHIBIT A";and
SECTION 2: The findings in the May 26, 2009 Staff Report to the Planning Cone-nission, Minutes of the
July 6, 2009 Planning Commission heating, and the Minutes of the September 8, 2009
Council hearing are hereby adopted in explanation of the Council's decision;and
SECTION 3 This ordinance shall be effective 30 days after its passage by the Council, signature by the
Mayor,and posting by the City Recorder.
ORDINANCE No.09- 1
Page 1
SASSED: By Wg— vote of all Council members present after being read by number
and title only, this 4�` day of f ,2009.
Carel A.Drager,Deputy CitOkecorder
APPROVE-D By Tigard City Council this ',,� day of 2
Craig irksen,Mayor
Ap raved as to form:
City Attorney
a
Date
ORDINANCE leo.09-�
Page 2
t
EXHIBIT "A"
ETT?MNT TO THE TI LDE L PMENT CODE TITLE 1
AS-PROPOSED IN D ITSE CASE DC 2002-00003
B+n1d atxd underline rex indicates proposed nevi language and strRe indicates language proposed to
be deleted)
Chapter 18,129 DEN I; S
18,120.030 Meaning ofSpecificWords and Teras
A For additional words and terms, also see U,se classifications (Section 18.130);Mixed Solid Waste and;l�;ec,yclable Storage (Section
18.7.5.5),Sensitive l..andr (Secdon 18.7'75');Signs (Seaiort 18.780), Tne Removal(Section 18.790),:and Wanless Connrtaunicatiort
Facilities(Section 19.798).As used in this title,thefollowing words and phrases meal.
4. 'Axessoay building or structure"-Afivooaoding stmeva e whose use is incidental and subordinate to the maim use of ptnPery,,
located on the sante/at as the main use#nd is freeglanding or is joined to the prituagy structur-g-gGlel- by no,
habitable stance as defined ley the Mate_Build:u Cade.
i. `Additiatar'-A tnod cation to an existing batilding or struetun nhich in avraser its he tet or i�ncreasea the site cnverape.
str c re is c osi ere an addit n oral when it shares a e mo vv ll and ' s r ctu 11 de'endent on h
11firogM sttuc re. See lso{°Accesso uildi r star re'I and`acommo- all"`
41 "C tnt`r on ll"—A wall or,*-fined WAlls that s ar a b stud t idea ration of interigg jipaces,inter'
1? r verticalvertidal addijigns,a floor ceilin s mbly i shared houndM-sel2aratingspace
Findiri,�: This proposed amendment clarifies accessory structure definitions and associates all relevant
defiraiitions to work in concert. These definitions lxelpp to define accesson/ structures to avoid large buildings
of sirector's Interpretation of July 3, 006. Therefore, thus
attached by breezeways and refine the worditi
proposed amendment better implements the City's Ccitriprehensive Plan and implementing ordinances by
aligning all associated definitions.
18.120.030 Meaning of Specific Vords and Tams
A. For additional words and terms, ;also see Use Class cations (Section 18.130); Mixed Solid 101aste and Reyclable Storage (Seaon
18.753);Sensitive Lands (Section 18,775),Si
gris (Section 18.780), Tree Removal(Section 18,790); and Wireless Communication
,Facilities(Seeteon 18.7.98).As used in this title, the fMow ng ivords and phrases mean:
5¢. 'Vensit4"- The intensity of raddendal land rases,usualy stated as the number of housing units per avre and defined in Section
$:18.'715.
Fig '" : Scrivener's error; incorrect Code Section reference. Therefore, this proposed amendment better
implements the City's Comprehensive flan and implementing ordinances by promoting consistency among the
Code Sections.
18,120.030 tl earning of Specific Words and Terms
A. For additional words and temix, also see Use C'lassificati'ons (Section 18.130),Mixed Solid Waste and Recyclable Storage (Section
18,755), Sensitive Lands (Section 18.77.5),Sigur (Section 18.780), Ttve Removal('Section 18.790),and Ill'iniess Communication
Facilities(Section 18.798).As used in this title,the follo wing words and plsrases mean:
1? . "1'a tic nos rt faa:i . s,�-Sc is s ua 'c aro: ec sun tv a rt as arty e v tri in tt e
an err ria a iia v v rat r str «s randcr rvurad utititis card canntructivra of
a"ria vetaacntr raa:taadira side ks ��btrs
��q
i tat an drive a r viae firs r� nd
vicar t n e vvth tare tad rat as
�e%l se cher arta ailtZcar �vlaie � c neves
s�tanlartrt ri citta,dee etvaament
DCA2009-00003 8/25/09 Proposed Amendments to'1"Mc Title 18 PAGI?1 OF 19
Finding: This clarifies the terra used in the Sensitive Lands Chapter so that-it is the same as the original
sensitive lands re ations and so as not to be confused withith principal structures lilce streets. The term "public
u] defined.This amendment uses fixe defu�iitio
support facilities' is used hi the Sensitive Lands Section but is neat
listed in the 1954 code and helps to eliminate confusion about what is meant by the term, This also A s with
Tigard Development Code Section 18.775.02i1.E.1:a. Therefore, this proposed amendment better inn lements
the City's Comprehensive Flan and implementing ordinances by promoting consistency among the Code
Sections.
hapten 18.220INI T I
18.220.020 Zonin District tV��o
. Y` T ,,r, 1 o *z*fin i ,
A. Consisten unit nin m T'he boundaries of each o the ore oin icts listed in � torr 18 51111
and the Vning classification card use 1 each tract in each q1 sai winning distract is fierreived to coincide with the i erat an�g orae
classification shown on the rnzap entitled 'Tigard Zo!iing.District 1V1ap'; dated rvrth the fictive date of this tits retained 6y
the City Recorder and referred to the "owing district riiap."Said 1,ft by this reference is made apart of this title, r
certi zed point of the adopted onin district reap or inap arriendrnents shall7re maintained in the once of_he Plarrnirrg Division
as prig as the code remains in effect
aft=,,implernents
s error; the referenced table "Table 18.2X},1" doesn't exist. Therefore, this proposed
the City's Comprehensive Plan and implementing ordinancesby promoting
consistency among the Code Sections.
Chapter 18. C?F U E :�"
18.310.(12()Surzirzia of Land Use.Pernzits
A. Sivaivaty Table. .7ae table surxzrtiari in tlae decision arzuk ing procedure arrd subslarrlive rzpprrrval neguhvinent of each land use
perwit and related action:is presented in able 18.310,1 be orv:
TABLE 18.310.1 (Con't.)
ecisicrnrlVXakin Aproval Other Development
Land Use Permit/Action Type riteria Regulations
Sensitive Lands
• Within.100-Year Flood Plain IIZ-IIC) 15,775.02 '18.775.070B 18.775
• With Excessive Slopes' III,IIIAHO3 18.775.020.E '18.775.070C 18.775
• Within Drainage Ways LII,111-1-103' 18.775.020.E '18.775.070D 18.775
• Within Wetlands 11,111-1403 18.775.070E 18.775
0 48
mer °,alt # 11 4 rr:7n,7 nEA13 £N
TTT T T"'M A o'7nq nrga T-\
'• C'a t 's
Add _fcr tootg [41,..Tvne I procedures .are reviewed with.-criteria f 18-275.020.E Tvve II and III
Vrocedures are reviewed with criteria 18'775 070 B
jpding:_Scxivences, error. This amendment is proposed because the City does not have: a fee for Type I
sensitive lands. Additionally, the Table doesn!t Est Type I sensitive lands permits and lists a "water resources
overlay" which no longer exists. Therefore, this proposed amenchnent better imp lerrte is the City's
Comprehensive Plan and implementing ordinances by promoting consistency among the Code Sections.
DCA2009-00003 8/25/09 Proposed Amendments to'FMC"11 le 18 PAGE 2 OF 19
Chapter 8.�►30 C�1' L1I
18,330.020A to I racers
E. Anproval period, C ndi i tt ( I!sg approyal bthe Hearin s Of c r s l e eff i fc�r ri f`1-
1/2 yeirs from 1he d to of appr at. The conditiggal u e approval—by the Hearin `s Officgr fjhWj lapse .
1. Subsianfigi constgue i n f the -proved plan has not be a it ig and one half year period;
PS
2 Constrtaction on the site is a departure from the approved plan.
18.3M,020.C,Minor modification of approved or exis rg condi uncal arse.
2, fan a diccant may request approval of a minorwodifiration by means of ra Ty I ptocedun, as ngatdated by Seetaon8.:390.0 4
18.39 unig approval aitera in Subsection C3 below.
Chapter 18.390 SUMMARY OF PERMITS BY TYPE OF DECISION-MAKING
PROCEDURE
TABLE 18.310.1
SUMMARY OF PERMITS BY TYPE OF DECISION-MAKING PROCEDURE
Type Permit/Land Cross-Reference(s)
I(18.390.030) Accessory Residential Units 18.710
Wireless Communications Facilities 18370.040 C8b;18798
Setback from Other Towers
Conditional Use/Minor Modification 18.330.030
Type Permit/Land. Cross-Reference(s)
H(18.390.040) Access/Egress Adjustment 18.370.020 Cab
Centnial Use/1%gaep Medifiefttien i b 33 0
Finding: 18:330 does not explicitly state a�proyal for 18 months while 18.330.030A.Cs. relates to site
development.review, which could be applied. This makes the a proval period consistent with that of the site
development review rodess. There as a conflict between ections 18.390 and 18.330 regarding or
modifications to Conditional Use Permits. The Cittyy has been process tg CUP minor modifications as Type I
processes based on 18.330.020.0.2 and Table 18.310 Contrary, to tl-is, 18.390.040 shows a minor modificadon
as a Type II procedure. ` `o address this, 18.330.020.0.2 should refer to Section 18,390.030 because the minor
m di cation application is a Type I. In this amendment, Table 1.8.390.1 is modified. to remove CUP ruiner
modifications from the Type II action and added to the Type I Section. Therefore, proposed afnendment
better implements the City's Comprehensive Plan and implementing ordinances by promoting consistency
among the Code Sections and review processes.
Chapter 18.350 PIJMNEDE L PME S
18.3.50.070 Detailed Development Plata Approval Criteria
A.Detailed development plan approval criteria.A detailed developaentpdaaa rorty be appy-oued only of all thefolloaving caxterza are met.•
4.In addition, the fodloaarirag criteria shall be met:
DCA2009-00003 8/25/09 Proposed Amendments to TMC Tittc 18 PAGE,3 OF 19
rrr. Shard open space facilities. Th se re uiremg i areapplicable id n i l planned devela ents gal . The
detailed developmentplan shall designate a rrrinikuty of;20%of the gims site area as a shard open space facdAy. The open space Tadd y
array be cor,prr"sed of any cornbirratiorr of the fnddor�rn:
('1)Mirrirrral arse faczditics. Up to TS°lo of the open space regrrit�rnent rttay be satisfied by rserving areas for rrrinirrral use, �ypiculdy
these areas are cdesr;�nated around se�rsitive-lands(steep slopes,wetlands,streams,or 100 year^,floodplain).
(2)Massive use facidlties. Up to 100°Po of the open space rgrrit�rnent Wray be satisfied b providing a detailed developrrrent plan for"
improverrlents(iracdrrditrg dcrttdscaprrg�ia�i�atiorr,pathway dirt other'strwctterud atrrprroveaarer�ts)forpassive rccreationad use.
(3)Active use facilities lTp to 1011°/a of the open space regurtrrrrent reray be satisfxecd by pravldzng a detar`ded cdeuelopnrent pdarr Jul
irprovenrerts jiedrdig landscaping irrigation,fathwad rcirarrvenensfor ay rz ) -emationalIlse.
(4)The open space aria shall be shoimi on the finalplan and recorded oft the final plat or covenants:
Findin : The new Ply Section requires commercial and industrial uses to adhere to the same open space
standard as a reside=ntial subdivision. The Planning Commission members have said that this was not intended.
Shared open space facilities are problematic and provide for a significant cost and feasibility impact for
conventional commercial development unless there are existing natural areas that could not 6thea.•wise be
developed. With this standard, there is little expectation that any developed:would volunteer to use the PIS
process. 'Therefore, this proposed amendment better implements the City's Comprehensive Ilan and
implementing ordinances by refining regulations to their intent.
Chapter I .3 0SM-DEVELOPMENTIEW
18.360.080 Exceptions to Standards
18.360.080 Executions to Standards 18.360.080 Exceptions to Standards
D. Exeodsns to landscaping r°quit inerts The 17zrvctor ilial!Ina remit an exceptirrtr to the lanr�seaping re rr retrrerrts of this
code, Section '°12 ", 18.360.07(1.8.4 upon finding that t e overall lean dscape plan prozides for at least 20ercje t of
the gross site to be landscaped.
Finding; The existinsection refexs to old development Code's Site Development Review Process.
Additionally, the word `shall"if the overall landscape plan provides for 20%could be problematic since that is
the standard for most zones.
18.360.030 tlliproval Prveess
A. Nen; devellobments unci Etta or modifications Site development tvii av for a ne)v rdevelo vent or mgior modification of`an
I '� 60 n A" 18.360. 2 shall be mawxe ;vteans o a`
apprarred p an or"existing evelobrnent, as d�trad in Section p by f
ype 17 fitweedun, as gorrerned y Section 18.390.040, trang apprrrval criteria contained in Section 18.360.0P0.
-Finding. atraendment is roposed because the section refers to itself as a definition. The proposed
language references the list of the Site Development Review processes.
hapten 18.595 MISCELLANEOUS PTIMrT—S
Note:Entire Section Removed
Ghaptee 18 3815'
xTr �.r r ear�rrre rx� a rr�
TT-- "-64fiff"04110
18,385,010 Oveday Related ....
�rsa��s�x�azsr r�+rava�r3x��crr`ri x�
"efts;
DCA2009-00003 8/25/09 Proposed Amendments to'I'MC,Tide 18 PAGE 4 OF 19
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Finding;, This Section is repetitive relative to existing code .reqq .reiSn,ents, It is repeated in each individual
Section of the development cede per " 'nngg to the permits listed in tion 1 , 85, This zedundancyy creates
confusion for applicants and City Staff. Therefore, tlYiis proposed amendment better implements the City's
Comprehensivelrlan and implementing ordinances by promoting consistency among the Cade Sections.
-Chapter 18.390 DECISION- PROMURES
18.390,080 General Pravirions
E. Director's`s drrtzas. il/ath ragard to praeessirrg applications submimed under this Scctian,the Director shall.-
3.Accept all derreloprrrent ayplicationc ivhich cane with the provisions of Section18--:M& -VA080111
r lainding;;,Scr'ivener's error;incorrect Section reference. Therefore, this proposed amendment better i }�l ents
the City's Comprehensive Plan and implementing ordinances by promoting consistency among the Code
Sections.
18.390.040 Type 11 Pmeedurs
C 71Fntvg of parrdzrr, Typa II idrnzrzistrativa Ile-d-SL
1, Prior to tear rr,g a Type II.Admirristrutive Zed cion,the Director shall provide notice to.
a, All ownerx of retard within 500 feet o,f the subject site,
b, .Any City-recagrri rd rrea bbar'haod gmsp rvl�ose bourrrl�rries irrelcrde the sites
e. Ari overrrrrrerrtad u errcy rvlrich is entitled to natica under"an zrit Igovarrrrnarrtad agraaritetrt entered into with the Cid which
znclrrdas prvvi orr far such rtatzca or ruha is-otherwise entitled to rtsclr notice,
and
18.390.050 Type III Pmeedur
C. Nodes of heaning,
1. Mailed notice. Notice of a Type II Administrative Appealhear ng or Type III hearing shall begiven by the Director inthe follarviorg
manner:"
a. At least 20 days prior to the hearing date, nodco shall be seat by mail to:
(1) The applicant and all oovners or contrma puirhaserx of record of the site which is the subject of the application;
(2) .Allproerty oruners of rrcard within 500 feat of the site,
(3) Ary afectedgoverimiental ageng which Inas entered into an intergovernmental agiverttent with the G'ity which includes
provision forsuch notice,or who is othenvise entitled to such notice,
(4) Any Qjy-tccQgaizeelneighborhood grou12treiwhose
houndades include the site;
DCA )09-00003 8125109 Proposed hn cndmcnts to'I MC Title 18 PAGE 10 GIS 19
(5) Any person rvho has submitted a rvriaen ngoest,and rvho has paid a fee established by the G`zt„y Council,and
(fi) In actions dnuodriing appeals, the appellant and allparties to the appeal,
and
18.3911.1160 7yp+e I V P tocedure
D. .t'+Totice of hear;rrr,
1. R quired hearings. Tivo hearings, one before the Corimixsion and one 6 feir the C'ouncdl,are regnind forall Type ITS'actions, exc pt
annexations where ons a hearing b,y the City G'oundl is regrri d.
2. Notification regttirexrrents totdce of the public beatings for the regrrest shall be,hien by the ?trctor in the faldorrirrg rrrarrtaerw
a. At least ten days prior to the scheduled heardrg date,notice shall be sent to
(1} Tlrc abplscartt
(2) any a ectedgovarnmerrtad agency;
(3 -� ..a ,,. r .n rrtcretetsorr Any City-recognized
xxezghb®tlxood gtoxap cvfioee bourxduries%rsclude the site;and
(4) rat person rvho requests natJce do rvrdtirrg atrdpays a fee established by Council resolution.
Fin din ; These amendments synchronize the neighborhood notice process for Type II, III, and IV Procedures.
This will allow City Staff to send notices based on the new Neighborhood Network Boundaries (or any future
boundary for all types of decisions, Therefore, d-ds proposed amendment better implements the City's
Comp reZensive ensive Plan and implementing ordinances by promoting;consistency among the Cade Sections.
h ter 18-.410 LOTWJE1r 7S MEN
18.410.040AAp royal Criteria
4. With regard to di lots.
b. A seen s a be lrrovzrled along theiaperly lane of lot of recorry rvher the paved lilac in an access awry is located auitl in
ten feet o an e utting lot in accordance with Sections 18.745. 050. Screening rtaay also be rrgadred to viainkdtt
rruac or abuttin lots and toprovide atsable outdoor reci-eation areas.or rxr osed develo spent.
Finding: Scrivener's error; incorrect Section.Therefore, this proposed amendment better iin l ents the City's
Comprehensive Flan and implementing ordinances by promoting consistency among the Co e Sections.
Chapter I .43
18.430.030 Approtal Process
B. Revieru off nal plat. Review of a final plat for sobddvision shall be pr oassed by trreans of a Type I pi redre, as governed by
.Section 18.390,usitig approval criteria contained in Seefion 18-.430L: 18.430.0
EF--dmg.Scrivener's error;incorrect Section reference. Therefore, this proposed amendment better mi lements
the City's Comprehensive Flan and implementing ordinances by promoting consistency among e Code
Sections.
Chapter .510T C C D IS R S
18.510.060 accessory Strrectures
A.Permitted;resew: 4ccessmy structures aril penvitted by right in all residential;.Zones sub,ject to the following
'.Non-dimetisimral teyuirrerretits•
6 r9er accessory struct6er shall xrrrspdy with all of the 9 grtirsrrrents of tlae St4t+e Building Co-&eAfl
i
Fi77dinV The "Uniform Building Code (UBC)" has been updated to the"State Building Code".Therefore, this
proposed amendment better'mplements the City's Comprehensive Plan and implementingordinances by being
congruent with State reference'documents:
Y
DCA2009-00003 8125/09 Proposed Amendments to"INC Title 18 PAGE I1 OF 19
18..510,020 list of Zoning Dish ds
H. R-40: n-High-Density Residential District, The R40 caning district is designed to acconznaodate existing housing of all types
and ne)v attached single farm j and rvY1,z-family housing Nnits rvdtb no ntdn rnrrm lot size . .A lb*ited
a nortnt o,f"neighborboodd contwerrial uses is perwitted outright and a wide rangs of civic and institutional rases a1v permitted
conditionally.
Findin : This amendment is proposed because the existing text is inconsistent with the Tigard Coin rehensive
Flan. ccording to the Com reh.ensive Man, "Medium-1f1gh Densitl=Residential" includes the R- 5 zone, not
the X2:-40 zone. Therefore, Es proposed alendrnent better implements the City's Comprehensive Plan and
implementing ordinances by promoting consistency among the these two documents.
Chapter W.520 COMMERCIAE ZONINGDISTRICTS
TABLE 18.520.1
USE TABLE: COMMERCIAL ZONES
USE CATEGC7RY C-N1�1 C..Ci51 GG C-P CBD MUE1a°1 MUCH-1 MUG t 1 MUS a
1 and 213 1 anndd
211
civic
NSTITUTIONAL
Basic Utilities C 14 C C C C Ci321 01321 0321
Colleges N N N N N C C C C C
Commua Recreation N P N N P C N P C C
Cultural Institutions P P P P PP P P P N
Da -Care P P P P P P P P P PCCP31
Emerpzency Services P P P' P P P P P P N
Medical Centers C N C C C C C C C C'
Postal Service P P P P P P P P P N
Public Support P P P P P P P P P P
Facilities
i e 'ous Institutions C C P C P P ' P P C:
Schools N N NN N C C C C C
Social/Fraternal C C P P P P P P P C
Clubs/Lodges.
CC)M11ERCtAL
Commercial Lodging N N P 81141 P P P P P N
Eating and Drinking C P P RCtst P P P P P I2lsatsl
Establishments
Findin ;. Because churches ate currend a conditional use while social and fraternal clubs are permitted has
been a liti atecl situation. Additionally, the at-pend ent conditionally permits basic utilities in the C-C and C-
zones. This was an oversight when transfert ng uses fronto the original code to the existing version. Therefore,
this proposed amendment better implements the City's Comprehensive Plan and implementing ordinances by
adhering to land use late precedence.
18. 20.030 Uses
C.Accessogy st"Ictuns.
9.Accesso�r stracttrrs air pesrndtted in all commercial hones prrrvicting the site is still in camfiance ruith all development standarris,
dncluddrrg bttt not litrrited to setbae,�s, hei ht, lot eo�er�x e and landscaprn requirements, of�he base Lorre. All aceessory strreetatres
shall comply�rrith all regtriremertts a the . StateI Idiu.. Cncle
.k
Fin "•The "Uniform BuildiEements
Carle (UBC " has been,apdated to the"State Building Code".Therefore, this
proposed amendment better itn the ity's CompreIiensive Flan and iinple ennting ordinances by"being
congruent with State reference cuinents.
a
DCA2009-00003 8/25/09 Proposcd Amendments to TNTC Title 18 PAGE 12 Cit'?19
TABLE 18.520.1 USE TABLE: COMMERCIAL ZONES
USECATEGORY C-N111 C-0151 C-G C_P CBD MUL�1201 4UC_l OC1281 n -WORa
and I IICI
2141 Val
Detention FacilitiesI C N C TAT N
Heli carts N N C C C N
N N N N ininiz
Wireless P R P It MIT P R. P R —PTR-"r—' P/R-'
Communication
Facilities
RZ Lines Utility P P' P P 1' P P
Corridors
Other C C NA NA C NA NA
P=Permitted R--Restricted C=Conditional Use NA=Nct Applicable N=Not Permitted
rie
e ,
IN o
j2I]Mutl i fcz y residential, at 25 unitsf gross acte, allowed otetrlght. I-'te-existzng detached and attached single faux ly
drvellitgs are permitted outright.
Findin : The language in the zcsning code allatvs attached singgle familyy eslderxttal, If this is not reflected%n this
table, multi-Family becomes a substantial review not
i11 nded. Additionally, there is no Bull Mtn. CP district
and there is no longer CP district in the Triangle.
18.520.040 Development Standards
A. Compliatire tpqulred All development must co py Pith.
1.ill of the applacable developtttent standat*contained,gin tlje underlyr'�toning district, except tubera the appkeant hits obtained
vwiances or adjustments an accordance with Sections'° a ".,''19 ' 18.390,
Finding Scrivener's error;incorrect Sectio:reference. Therefore,this proposed amendment better itnpplemexxts
the {City's Comprehensive Plan and implementing ordinances by Promoting consistency among the Code
Sections.
ICTS
hapter 18. 130
TABLE 18.530..1
USE TABLE: INDUSTRIAL ZONES
USC+CA.TEGORY I-P I-L I-H
RESIDENTIAL Rt R:° R'
Household Living
Group Living N N N
Transitional Housing N N N
Home Occupation N N N
CIVIC(INSTITUTIONAL) Cie C'2 p
Basic Utilities
Colleges C o IO Cts►
Community Recreation
Cultural Institutions o W'9 W;o
Day Gare R
Emergency`Services P P P
Medical Centers N N N
Postal Service P P P
Public Support Facilities P P P
Religious Institutions N N N
I�t1GT;13{)1719
DCA2009-00003 8/25/09 Proposed tlmendrmits to't'MC Title 18
Schools N N N
Social/Fraternal Clubs/Lodges lit N N
COMMERCIAL
Commercial Lodging P N N
Eating and Drinking Establishments IZ� N N
Entertainment-Oriented
. Major Event Entertainment N N
- Outdoor Entertainment P N N
Indoor Entertainment P N
Adult Entertainment N N N
General Retail
- Sales-Oriented R N 1
- Personal ServicesR� I
- Repair-Oriented Pi i N I
- Bulk Sales R' N N
- Outdoor Sales N P P
- Animal-Related P P P
Motor Vehicle Related
- Motor Vehicle Sales/Rental N P P
- Motor Vehicle Servicing/Repair C P P
- Vehicle Fuel Sales P P/C? P
Office P N N
Self-`Service Storage P P P
Non-Accessory Parking P P P
9Day care uses with over 5 children are permitted subject to an Environmental Impact Assessment in accordance with
Section 18.530.050.0.1. The design of the day care must fully comply with State of Oregon requirements for
outdoor open space setbacks.
l Limited to outdoor Recreation on (1.) land classified as floodplain on City flood maps, when the recreational use
does not otherwise preclude future cut and fill as needed in order to develop adjoining industrially zoned upland;and
(2.)land located outside the floodplain as shown on City flood maps,when the Recreation Use is temporary and does
not otherwise preclude alloyed uses or Conditional Uses other than Recreation within the district.
"These limited uses,shall only be allowed in IP zoned property east of SW 72nd Avenue.These uses,separately or in
combination shall not exceed 64,000 square feet of gross leasable area in a single building,or commercial retail uses
with a total of more than 60,000 square feet of retail sales area on a single lot or parcel, or on contiguous lots or
parcels, including those separated only by transportation right-of-way. (Ord. 04-14)
�Mxcgpj water and storm and sanitary sewers,mvhich are allowed by ri h,�ti
FinclingT This was an oversigght when transfer in uses from the original code to the e st ing version Therefore,
this oposed atneridment better implements the City's Comprehensive flan.and implementing ordinances by
crea&g consistency among Code Sections.
hapter 18.640 D RHAMM '
19 64a 617#-R-eft-rved
18.610,070 Signs
A In addition to t1te r uir,e eats of Section 18.780 of the Development Cade the fiQUpwing st ndards
shalt be met:
DCA2009-00003 8/25/09 Proposed Amendments to"T'MC:TTide 18 PAGE 14 OF 19
1. Zoning District re lgfigns. Rei gnal only develomeats within the MUC-1 ghgll mr. h
P
the M _
requirem ALS for t e R-40 zone Section 18.780.130.B° develo-Dment within t
I shalt meet the requirements of the C-P zone,Section B-780.130.13.
2. Sim area limigg, 'Th g maximum swrn area limits found in Section 18 7801.30 shall not be exceeded,
no area limit increase will be permitted.
3.HeiLvht limits. The maximum height limit for all§iLYns !9x!C,9DJ wall s shall be 10 feet, all simS
sh-aft—not extend above the roof line of the wall or, which the signs is located. No height increases
will he permitted,
4. Sign logglion, Free gIgnding signsw h Ou shall not be permitted within the'
e5L-
ruired 1 landscape areas. -ithin L_g Durham aM
FindinLY: This amendment is proposed because the Durham Quarry does not have sign standards listed in its
sectiod. Staff has been using the CP standards but there is no actual linkage in the code. These were the'
standards used for Washington Square from which the Quarry standards were chosen. This proposal is to add
District-specific sign standards. Therefore, this proposed amendment better lintthe e Cit3es
Comprehensive Plan and implementing ordinances by promoting consistency among the ode Sections.
Chapter 18.705 ACCESS, EGRESS,AND CIRCULATION-
19.705.030 General Previsions
L Director's authority to nstriet access. The Director has The autbori!y to restrict access obeti the treed to do so is dictated by one or twtv ofthe
follouitg conditions:
4.A decision by the Directorper 18.705.030 K L 1,-3, above 7/V be appealed by means of a Type 11piveedure, as regulated by
Section 18.390.040,usigg criteria contained in Section 18.370.020 C3. (Ord. 06-20, Ord 02-33)
Finding: Scrivener's error;incorrect Section reference. Therefore, this proposed amendment better imements
the City's Comprehensive Plan and implementing ordinances by promoting consistency among the Code
Sections.
–Chapten 18.710 ACCESSORY RESI1 NTIAL UNITS
18.710.020 Sla#dards
B. Limitafionx..An access14 residential snit is per>rx tied przrvidirag there is sorra rliartce with all of t is
3. The number o nsiZenitr permitted to inbabit the accesso?y residential unit is regulated by Me g standands:fofit Rol WfG tate Building C
---Qde-
Uniform Building Code (UBC)" has been updated to the "State Building Code". Therefore, this
endment better irn elements the City's Comprehensive Plan and implementing ordinances by being
g : The
C4"
congruent with State ref locuments .
Chapter 18.715 DEN I OMPUT"ICS NS
18.71;5.020 Density Calculation
A. g De midon of net dqwofi� mont atra. Net deve)o went arva, in ams, shall be deteiviined b subiradhi thefollowing land ana(s)
frtrrra the ss acres, ipbieb is all of the land inelu%ed in the legal desaipfion of theprobeig to be developed
3.All landdedicatedforpub&rigbts-qf-nay. Wlben actual in/ormadon is not available, the following fomvulas my be used-
b.Muldfiiydevelopment. allocate 15%qfgross acreage or de_d_uct the fietafil- va te dr!
ve
Finding: This proposed amendment makes clear that private drive in multi-family projects would be deducted
as a private street in lieu of using 15%.
I
DCA2009-00003 8/25/09 Proposed Amendments to`INC TItte 18 PAGE 15 Or,19
18,715.030 Residential density Transfer
B. Under ging development standards.All densiD!trrzn fer det�elaprrzezzt pi-opo rals sljall comply ivith the development standards of the applicable
nnder:1yiiag!�pning distfid nnless developed tinder'the pr ovisions of Section 41.-4018.350. Planned Development. (Ord 06-20)0
Findin : Scrivener's error; incorrect Section reference. Therefore, this proposed amendment better lrnppleinents
the City's Comprehensive Flan and implementing ordinances by promoting consistency among the Code
Sections.
Chapter 18.730 E�:CEP I(?I"'�T T{� �E I.OPNIEI�3 STAhTT7� S
18.730.020 E optio is to Building He%ht Limitations
Bzrildirzg heights crud flcr,g lots.
2. The rnaxirnnrrr height for an attached or detached single fanrr, dztplea, ar rrzzrltiple farrzit rxsiderztial rtrzrctnre orr a flag lot or a
lot laavirzg sole access frxrrrr arc access raruy,pirate drive or°easement is 1-112 stories or 25 feet, rvhicf�ever is less, except that the
rrza inrrtm height rrza-y,be 2-1/2 stoves or35feet, xb chever is less,provided-
a, The proposed divelling otbenvise compl es nid) the applicable dirrzensional and height r�clrrir�rrrerrts of the
onirag dasher,
Finding: This section describes 2 and 1/2 stories or 35 feet,but the limit in the code in R-1,R-2,R-3.5
and R-4.5 zones is 30 feet.This proposed amendment synchronizes this section with Table;510.2.
Chapter 18.742 ROAM OCCIUPA I
18.74 2.Od0 General Aprnval Gileria and Standards
r'3. Geneml crzter�a. �l'harrae occrppliaras ex5pe
c those that farce rnrlen rrarzcanfor,7rirrg statics shall observe the follarvirag e iterza irz
addition to the standards established far I sand Type 11 ses described in Section 18.742.050 of this Section.
5. A home occupation shall not make necessary a change in the ���de State Building bode use
clasfe'
cation of a dwelling rttait.Ari accessory building drat is rued rrrrrst rrreet t �i �W� ede State Building
Cir reqrtirernerrts
Eja : The"Uniform Building Code (UBC)" has been updated to the "State Building Code".Therefore, this
proposed amendment better itnplements the City's Comprehensive flan and implementing ordinances by being
renc
congruent with State ref :_e documents.
Chapter* 18.745 I.Al`�]I3SCAPIT"3G SC III`'
18.715.050.E. Sereerzirrg:special provisions
3. Screening Qf sratlarrrwing pools All srvzmmingo pools shall be enclosed as recurred byScale
BuildLng Code;
Finding,: The"Uniform Building Code (UBC)" has been u dated to the "State Building Code". Therefore, this
proposed amendment better impplements the City's Comprehensive flan and implementing ordinances by being;
congruent with State reference documents.
18.745.040 Street Tres
G. Graantirag of ad)'lulments,Adjustments to the street tree reguirments may be ranted by the Direstor by meaof a Type r
procedrtre, as regulated in Section 18.390.030, usiq approval eriteria in Section ��`'z'T,= h 18.370.020.C.6.b.
Findin s: Scrivener's error, incorrect Section. Therefore; this proposed amendment better implements the
City's Comprehensive flan and implementing ordinances by promoting consistency among the Code Sections.
I
DCA2009-00003 8/25/09 Proposed Amendments to TNIC Title 18 PAGE 16 OF 19
apter 18.76 - } G
18.760.040 Criteria for Z oncorzformiarg Situations
D.Nonconfortraing use rrf structures
2. lfa single sewcltne or a strrrchor andpumises containing a narnaber of latufarl arses(excotfor a single accessory structure)existed as of
Mareb 16, 1,983, and those arses ruould not be allowed in the:honing district in urhich thy are locatarit or jAieb-are nonconfoiWiirag
R
se of inadequate`of-street parkzra , landscaping or other°defacaen y Gander the tenwx of this Section or amendment thereto), the
ssmay be corrtinafied so long as they re aiaa otheravise lu vful,sarbject to the folloaa h g�ivvidons.
because
tlje use of the rtructut , iraclardirag all uses, is dare utiraued or abandoned for three months, the structure and
premises shall rant thereafter ba arced except in full cortfor arity avith all regulations of the Vnirrg districtin which it is locates! For
es-a�is-- , rsee
Findm . There are no events listed in the Code, reference to events is removed, Therefore, this proposed
amen ent better implements the City's Comprehensive Plan and implementing ordinances by promoting
consistency among the Code Sections.
apter 18.7 0- _SPARKING)ND LOA IREQUMMENTS
Table18.765.2 Minimum and Maximum Required Off-street Vehicle and Bicycle Parldng Requirements (Cont.)
�; r;.tt x #�
4991.1191
<t�a++�Ct r## ,[ [ p(� .,�.
x„# 7= 'i. tEGlj •_ a .i: # 9^E�"r ». r'.r, '� 1.1191 i"tI �#41.i('' 1#':t iFf 1. .!'# -lift,
r
�,.I spa ��� r,. w#I t'�td�tuP. �# �irz,�.am,r �n�.
' ' r . . „ k �1.n E ` r ��aijlr
Motor Vehicle
Related.
Motor Vehicle 1.0/1,000 but: no 1.3 1,000 but no 2-011,000 but no 0.2/1,000 sales area
Sales Rental less than 4.0 less than 4.0 less than 4.0
Motor Vehicle 2.0/1,006--but no 2.3/1,000 but no 2.6/1,000 but no 0.2/1,000
Serviciti /R.ea%r less than 4.0 less than 4.0 less than 4.0
Vehicle Fuel.Sales 0+2.0 service bay 4.0-1-2.0 service bay 4.0+2.5 service bav 0.2 1 Oi10
Office 2.7/1,000 3.4/1,000 4.1 1,000 0.5/1,000
Medical 1 Dental 3,9 �A
/1.,000 4.9/1,000 5.x/1,000 0.4/1.,000
Self-Service 1.0/4 storage units 1.0/4 storage units 1.0/2 storage unfits 1.0740 storage units
Stora e
Non-Accessoiy none none none none
Parkin:
Finding:The Medical/Dental office use was omitted in the original code.This clari0es use standards.
18.765.030 General Novisions
G. Dasabled accessible parkiq. All parking auras shall be provided aaaith the required number of par;king spacesfor disabled persons as
spec ed by the GState Building Code and federal standards. Sucb parking spaces shall be
sited,signed and urarked as required by thaw regulations.
Fes: The"Uniform Building Code (UBC)” has been updated to the"State Building Code". Therefore, this
proposed amendment betterneocuments.
lements the City"s Comprehensive Plan and implementing ordinances by being
congruent with State referen
18.' 65.040 General Design Standards
D. On-sate velricle stacking for drive-in use.
2. Tire Director aaaay reduce the length of the inbound stacking lane Gy means of a ca ustment to be tnierared tbroa�l.�a hype i praacedure,
asgoverned by Section 18-3 .' 81$.3' 0,030s arsirag approval Gaiter ra wntained iu Section 18- 18. 70.02 .C.
DCA2009.00003 8/25/09 Proposed Amendments to`I`MC Title 18 Pr1<t'E 17 OF 19
Finding Scrivener's error;incorrect Section reference. Therefore, this proposed amendment better imp�lements
the City's Comprehensive Plan and implementing ordinances by promoting consistency among the Code
Sections.
18.765.074 Mininznni and Maxirniz,a 0#-'Street Parkirzg Requirements
7«; Redrrctiorrs in,rini,rrtm required vehicle parkin Reductions in the required nuviber of vehicle par king spacer ma3j be permitted as fzallozz�s:
1. The Director rutty reduce q ff-street vehicle parking spaces per Section 18.765.470.F7 Gy alp to 0% in new developiwents far the
incorporation of transit-related facilities such as bits stops and pull-outs, bus shelters, transit-ol ented developments and other,hunsit-
related develaprrzent thrortgh a Type II procedure, as goirerned by Section 18,394.040, using approval criteria contained in Section
'Q ""."'r"�:� r 18 3717.!024.C 7.b..I'lpplieairts zvlao grtali for this adjnstrrierrt,ray also a h for furiber parkin redrrctiarzs per
18.765,074.7 ;below;
2. The Director may rednce the total!required of-street vehicle par king;!paces per Section 18.765.474.H by r p to a total of O% Gy rtreans
of par 4 irtg adjustwent to be reviewed through a Type II prrcediav, as governed by Section 18.394.040, using apprrrval criteria
contained in Section 8 " G5.a 18.370..020.0 7.a.
3. The Director is artthorz ed to reduce to to 14"10 of existiri regrtir d pari irrg spaces at a conversion<ratio of ane parking space far each
144 square flet of transit fadlit l for developivents which incorporate transit-related facilities such as bits stops and pull oats, bits
shelter;r, transit-oriented developivent or other transit-related facilitz`es through a Type 7 procedure, asgaverned by Section 18.394.4311,
using approval criteria contained in Section . . 2 . . 18.370.020.C.7.c.
Finding Scrivener's error,incorrect Section reference. Therefore, this proposed amendment better it-n.pplements
the City's Comprehensive Plan and implementing ordinances by promoting consistency among the Code
Sections.
Chapter 18.775IE— I LANDS
18.775.424 Applicabilio of Uses Permitted, 1lrohibited and Noncor for hill
E.Ad5winistrative sensitive lands review.
1. Adviinixtrative sensitive larzdr perirxits in the 144 tear floodplain, drainage way, slopes that are 25%or greater, and zenstahle grortnd
shall be obtained froiv the appropriate tsar mitnio development divr'sion for-the followiri�r
a. The Citarzgineer shall review the installation of public snort facilities . :' . ''
by means of a Type I procedure, asgover�ied
try Section 18.390 034.rub ect to con;pZnce with all of the standar its in this Section;
Finding: This amenchnent is proposed to mage the Code consistent with proposed amendments for Section 18.120.030,
Meaning of specific words and terms A.117 "public support facilities".. Therefore, this proposed amendment better
implements the City's Comprehensive Plan and implementing ordinances by promoting consistency among the
Code Sections.
Chapter 18.780 SIGNS
18.780.015 Definitions
A. Definitions:As nsed in this title, unless the context requires othenvise, the folloxing words and phrases shall have the meanings set
forth in this Section; The d jinitions to be usedin this Section are in addition to,Section 18.114, Definitions, and are as follows:
8. `Billbowd",weans a freestanding sign in excess of the niaximinr side allowed, with adustnients, in the locations when it is located or
proposed to be located. Billboards are prohibited by Tigard Cade Section 18.780.070.M: Certain Signs
Prohibited.
Finding; The e:.ustu�gg text describes Freeway-oriented sigma and.implies billboards which are prohibited. The
Oregon Motorist infozation Act provides for billboards while the City's code prohibits by 15.780.070.m.
To make the code more clear, this amendment is proposed to note that billboards are prohibited by
18.780.070.m. Therefore, this proposed a ench-nent better implements the: City's Comprehensive Plan and
implementing ordinances by promoting consistency among the Code Sections.
18.780.020 Penrrits Requhed
C Covipliance with State Building Code. Sepanate strioural peimits under the UYHftftriBiW ?q-6a&-State
DCA2009-00003 8125/09 Proposed Amendments to TNTC Title 18 PAGE"1'8 OF 19
Buiidi g Code sball also apply.
Findin s: The "Uniform Building Code �JBC)" has been updated to the "State Building Cade''.
There c're,this proposed amendment better implements the City's Comprehensive Plan and implementing
ordinances by being congruent with State reference documents.
18.780.070 Certain Signs Prohibited
B. Unsar a i rs or irrxJ�r�rlierh maintamad signs No sign rlrall be constrrtcte,eructed or maintained unless the sign and sign structure it
so construtctad, erected and maintained ars to be able to withstand the wind, seismic and other m quitements as specfed in the
Code-State Building Code or this title.
Finding:The"Uniform Building Code C)" has been updated to the "St
Building Code". Therefore, this
proposed amendment better implements the City's Comprehensive Plan and implementing ordinances by being
congruent with State reference documents.
18.780.140 Sign Cade Adjustments
A. raldjustments The Director m6 gtrant an a#ustment to the rrgsriremients of this Section y means of a Type 1 or Type TT prosedrtm as
,governed by Section 18.3917,ruing approval criteria in Section `'" 0 t„6. X8.370..020 C 8
Findin : Scrivener's error;incorrect Section referennce. Therefore, this proposed amendment better im lernents
the Cts' Comprehensive Plan and implementing ordinances by promoting consistency among the Code
Sections.
18,780.130 Zoning District Regulations
E,In the C-N and C-C!Zones.N'o diger shall be penvit ed in the CIV`and C-C:Zones except for the following:
Finding: Scrivener's error; incorrect Zoning District reference. Therefore, this proposed amendment better
implements the City's Comprehensive Plan and implementing ordinances by promoting consistency among the
Code Sections.
18.780.015 Definitions
A. Definitions.Ar rued in this°title,unless the context requims<otberwise,the following words arudphrzrses shall have the rreaiairrgs set faith in
this Section. The definitions to be used in this Section an in addition to Section 18.110, Definitions,and are ars,follows:
7. `Berreh sign" , xnearrs a heeh der�rgtztl
iv seat xrwple nth a sr' near"rated Or�f#�re a t ae suxfuce,
ding This amendment effectively removes any reference to content of the s" Content is not permitted to
be regulated. by federal law. This amendment addresses.the City Attorneys concern provided by Gail
Firestone. Therefore, this proposed amendment better implements the City's Comprehensive Plan and
implementing ordinances by being congruent with contemporary land use law.
Chapter 18.7 PJM 4;1 d F
18,798.050.8. Review criteria.gray use subject to review�rer Section A above, shall be evalutated atdng the fallowing standards:
3. Setbacks. Tomers shall be set back�vx Mefimberty Arte by a distance egtuaal to the height of the tower: r"E T�e IT adjustment'
via be obtained to mdnce this set ack, subject to criteria of appimal contained in Section 18.370.0217.C.&IO
Findi : Scrivener's error; incorrect Section, Therefore, this proposed amendment better itrrplements the
City's comprehensive Plan and implementing ordinances by promoting consistency among the Code Sections.
PAGE t�F+
DCA2009-00003 8/25/{9 Proposed Amendments to TMC Ilde 18 'ttJ