Ordinance No. 10-05 CITY OF TIGARD, OREGON
TIGARD CITY COUNCIL
ORDINANCE NO. 10-Q5
AN ORDINANCE AMENDING THE TIGARD COMMUNITY DEVELOPMENT CODE CHAPTER
18.785, TO ALLOW SEASONAL MARKETS BY CHARTERED PUBLIC SERVICE/NON-PROFIT
ORGANIZATIONS IN THE C-G AND MU-CBD ZONES FROM APRIL TO OCTOBER SUBJECT TO
TIGARD COMMUNITY DEVELOPMENT CODE STANDARDS (DCA2009-00004), A5 A(d ctooW
WHEREAS, the Community Development Director, with direction from the Tigard City Council,
initiated the proposed code amendment to amend the text of the Temporary Use Chapter (18.785) of
the City of Tigard Community Development Code to expand and clarify the temporary use
provisions of the code to provide for seasonal markets by chartered public service/non-profit
organizations; and
WHEREAS, the proposed code amendment substantively amends the text of Chapter 18.785,
Temporary Uses, by providing explicitly for "seasonal markets" as a type of Seasonal or Special Event
and by providing specific approval criteria governing time, place, and manner; and
WHEREAS, notice was provided to the Department of Land Conservation and Development 45 days
prior to the first evidentiary public hearing; and
WHEREAS, the Tigard Planning Commission held public hearings on October 19, 2009 and January
4, 2010 and recommended Council approve the proposed code amendment, as amended by it, with a
9-0 vote;
WHEREAS, notice of the public hearings was published in the Tigard Tunes and the Oregonian
Newspapers at least 10 business days prior to the public hearings; and
WHEREAS, the Tigard City Council has considered applicable Statewide Planning Goals and
Guidelines adopted under Oregon Revised Statutes Chapter 197; any federal or state statutes or
regulations found applicable; any applicable Metro regulations; any applicable Comprehensive Plan
Policies; and any applicable provisions of the City's implementing ordinances; and
WHEREAS, the City Council has found the following to be the applicable review caitemi : Community
Development Code Chapters 18.380, 18.390 and 18.520; Comprehensive Plan Goal 1, Public Involvement;
Goal 2,Land Use Planning; Goals 9.2.1 and 9.3, Economic Development; Goal 15.2, Special Planning Area-
Downtown;and Statewide Planning Goals 1, 2 and 9.
WHEREAS, the Tigard City Council held a public hearing on February 23, 2010, to consider the
proposed amendment; and
WHEREAS, the Tigard City Council has determined that the proposed development code amendment
is consistent with the applicable review criteria, and that approving the request would be in the best
interest of the City of Tigard.
ORDINANCE No. 10- 05
Page 1
NOW, THEREFORE, THE CITY OF TIGARD ORDAINS AS FOLLOWS:
SECTION 1: The specific text amendments attached as "EXHIBIT A" to this Ordinance are
hereby adopted and approved by the City Council.
SECTION 2: The findings in the October 9, 2009 Staff Report to the Planning Commission and
die Minutes of the October 19, 2009 and January 4, 2010 Planning Cotrunission
hearings are hereby adopted in explanation of the Council's decision.
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.
PASSED: By U 11CL i r"OUIS vote of allCoin members present after being read by
number and title only, this Ed day of E e-hrUr , 2010.
'1
�thefine Wheatley, City Recorder.
APPROVED: By Tigard City Council thisQ3'_r day of 2-010.
Craig Dirksen, Mayor
Approved as to form:
C,jeAttorrey
� n
Date
ORDINANCE No. 10- 05
Page 2
EXHIBIT A
DCA2009-00004
CODE AMENDMENT
Explanation of Formatting
This text amendment employs the following formatting:
[Bold/Underlined] —Text to be added
[old/Double-Underline] —Text that will be underlined upon codification
[ ] —Text to be removed
Chapter 18.785
TEMPORARY USES
Sections:
18.785.010 Purpose
18.785.020 Types of Temporary Uses
18.785.030 Approval Process
18.785.040 Approval Criteria
18.785.050 Application Submission Requirements
18.785.010 Purpose
A. PLi pose. The purpose of this chapter is to establish standards for the approval of three types of temporary
use.:
1. Use that is seasonal or directed toward a specific event;
2. Use which is occasioned by an unforeseen event; and
3. Sales offices and model homes in conjunction with the sale of homes.
B. Disclaimer. This chapter is not intended to be a way to circumvent the strict application of the use
districts. Therefore, time limits are to be strictly enforced. This ehsptet
sales
C. Exemptions. This chapter does not apply to 14 seasonal and special events conducted exclusively by and
fetaRy for die benefit of a Tigard-based nonprofit organization, 2) garage sales, or 3� temporary
construction offices in conjunction with the initial development of residential, commercial or industrial
property (three or more dwelling units or lots).
18.785.020 Types of Temporary Uses
A. Seasonal or special event. This type of temporary use is a use which by its nature will last less than one
year. Examples of this type of use are those associated with die sale of goods for a specific holiday, activity
or celebration, uses associated wid; construction, or seasonal use. This type of use does not apply to
businesses seeking a temporary or intefitn location.-4;,,a4� ' type!�Df temporary usejinclude:
fhLK5C r
1. Use associated with the celebration of a specific holiday such as tl�e sale of Christtnas trees and
fireworks;
2. Use associated with the sale of fresh fruits, produce, and flowers, including seasonal markets by a
chartered public service/non-profit organization which may offer additional products and
SEASONAL OUTDOOR SALES REWISED DEvr 1.OPMI�N'r CODE,kMi:NDi%II--N'r DCA2009-00001
1/5/2010 PUBLIC HEARING - n PAGE 1 OF 3
LYS 3.a3_ I!i LL;400,il{'-v
C',4L,
A2:-u.rsl U
services as provided in the organization's "market rules and policies" such as landscaping
plants,prepared food, animal products, and art/handcrafts assembled by the vendor;
3. Use associated with festivals or celebrations or special events;
4. Seasonal activities such as the sale of fold at sports events or activities;
5. Use associated widi 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 Section 18.785; and
6. Temporary fund raising and other civic activities in commercial zoning districts.
18.785.030 Approval Process
A. Procedure type. Approval of various temporary uses shall be processed as follows:
1. Seasonal or special event: by means of a Type I procedure, as governed by Section 18.390.040, using
approval criteria in Section 18.785.040A;
2. Unforeseen/emergency situations: by means of a Type I procedure, as governed by Section 18.390.040,
using approval criteria in Sections 18.785.040B;
3. Temporary sales office/model home: by means of a Type I procedure, as governed by Section
18.390.030, using approval criteria in Sections 18.785.0400;
4. Temporary building in commercial and industrial zones: by means of a Type I procedure, as governed
by Section 18.390.040, using approval criteria in Sections 18.785.040D.
B. Et ApnrovaI period. An approval for a temporary use by the Director shall be ecam=valid for a
period of one year unless othel"Wise stipulated by the approval.
C. Lapsing of approval. An approval for die temporary use by the Director shall lapse if-
1.
h1. 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.
D. Renewal of approval. A temporary use approval may be renewed once by the Director for a period not to
exceed one year. Approval for a seasonal or special event use may be renewed on an annual basis in
the same manner as if it were an original application. Notice of the decision shall be provided to the
applicant.
E. Renewal for temporary residential sales office/model homes. A permit for temporary sales offices and
model homes may be renewed on an annual basis in the same manner as if it were an original application as
long as 50% or less of the total naunber of dwelling units have been issued occupancy permits.
1.8.785.040 Approval Criteria
A. Seasonal and special events. Using a Type I procedure, as governed by Section 18.390.030, the Director
shall approve, approve with conditions or deny based on findings that all of the following criteria are
satisfied:
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 6.
513:1SONAL OUTDOOR S:ll.E-S REVISED DE1'ELOP�NfE-N'1'CODE A;NIENDi4II-,N'1'DC12009-0000}
1/5/2010 PUBLIC I IEIRING PAGE- 2 OF 3
2. The use is penx itted in the underlying zoning district.
3. The applicant has proof of the property-owner's permission to place the use on his/her property;
4. There will be no parking utilized by the customers and employees of the temporary use which is needed
by the property owner to meet his/her miniunum parking requirement, as governed by Chapter 18.765,
Parking and Loading.
5. The use will provide adequate vision clearance, as governed by Chapter 18.795, Vision Clearance, and
shall not obstruct pedestrian access on public rights-of way.
6. Seasonal markets are permitted in the C-G and MU-CSD zones and may operate from April
through October. The applicant shall provide "market rules and policies" for City approval,
which are consistent with the seasonal market use description in 18.785.020.A.2 and will be
observed for the duration of the permit. Market rules and policies shall include hours of
operation, location, product guidelines, vendor obligations, vehicle loading/unloading, and
aLay other applicable policies ggiding 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-propeM, consistent with applicable standards of
Chapter 18.705 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 permitted outright in the zone; and
d. Situs are allowed as permitted in Chapter 18.780, however, the permitted period for
temj2orajy signs may be ap.proved to correspond to the duration of the permitted
seasonal market use.
18.785.050 Application Submission Requirements
A. General submission requirements. The applicant shall submit an application containing all of the general
information required for a Type I, depending on the type of temporary use for which die approval is
sought.
B. Additional information. In addition to the information described in Subsection A above, the applicant shall
provide a site plan, narrative and other inforination as specified in a detailed hand-out provided by the
Director.
C. Emergency situations. The Director uiiay waive any of the requirements in this chapter or request additional
information iii accordance widi Chapter 18.390 for cases which involve destruction of an existing structure
due to fie, natural causes, or other circumstances that are beyond the control of the applicant. An
emergency as allowed by this subsection shall not include failure by the applicant to subunit a temporary use
request as provided in this Chapters
SEASONAL OUTDOOR SALES REVISED DEVI:1.0I3MC,N'1'CODI::.l,Nil.?'NDMENT DCA2009-00001
1/5/2010 PUBLIC HEARING PAGE 3 OF 3