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Table of Contents Section
CHAPTER 100 - GENERAL PROVISIONS
100-1
Short Title: 100-2
Purposes 100-3
Compliance with Ordinance Provisions 100-4
Classification of Zones 100-5
Zoning Map 100-6
Zane Boundaries 100-7
Zoning of Annexed Areas
CHAPTER 110 - SINGLE FAMILY RESIDENTIAL ZONES
R-7, R-15 and R-30
Uses Permitted Outright 110-1
Conditional Uses Permitted 110-2
_ Lot Size in an R-7 110-3
-15 110-4
Lot Size in an R
110-5
Lot Size in an R-30
-Setback Requirements in R-7, R-15 110-6
Setback Requirements in R-30 110-7
110-8
Height of Buildings
*- 110-9
Additional RequirQrtents
CHAPTER 120 - MULTI-FAMILY RESIDENTIAL ZONE A-2
Uses Permitted Outright 120-1
Conditional Uses Permitted 120-2
120-3
Lot Size 120-4
Setback Requirements 120-5
Height of Buildings 120-6
Additional Requirements
CHAPTER 140 - GENERAL COMMERCIAL ZONE C=3
Uses Permitted_ Outright 140-1
6 Conditional Uses Permitted 14q_2
Lot Size 140-3
Setback Requirements 140-4
Height of Buildings 140-5
Additional Requirements 140-6
CHAPTER 150 NEIGHBORHOOD COMMERCIAL ZONE C-4
Uses Permitted Outright 150-1
Conditional Uses Permitted 150-2
Lot Size 150-3
Setback Requirements 150-4
Height of Buildings 150-5
Additional Requirements 150-6
Table of Contents - contd. Section
CHAPTER 160 - GENERAL INDUSTRIAL ZONE M-2
Uses Permitted Outright 160-1
Conditional Uses Permitted 160-2
Lot Size 160-3
Setback Requirements 160-4
Height of Buildings 160-5
Additional Requirements 160-6
CHAPTER 170 - LIGHT INDUSTRIAL ZONE M-3
Uses Permitted Outright 70-1
Conditional Uses 170-2
Lot Size 170-3
Setback Requirements 170-4
Height of Buildings 170-5
Additional Requirements 170-6
CHAPTER 180 - INDUSTRIAL PARK ZONE M-4
Uses Permitted Outright 180-1
Conditional Uses 180-2
Lot Size 180-3
Setback Requirements 180-4
Height of Buildings 180-5
Enclosure or Screening Required 180-6
Landscaping 180-7
Admin stration 180-8
CHAPTER 190 - OFF-STREET PARKING AND LOADING
General Provisions 190-1
Off-Street Parking 190-2
Standards of Measurement 190-3
Minimum Off-Street Parking Spaces Required 190-4
Off-Street Loading 190-5
Design Standards for Off-Street Parking and Loading 190-6
CHAPTER 200 - ACCESS AND EGRESS
General Provisions 200-1
Minimum Access Requirements for Residential Uses 200-2
Minimum Access Requirements for Commercial and
Industrial Uses 200-3
Width and Location of Curb Cuts 200-4
CHAPTER 210 - SUPPLEMENTARY PROVISIONS
1` Authorization. of Similar Uses 210-
210-
2
Provisions Regarding Accessory Uses
Projections From Buildings 210-3
Continuance of Minimum ordinance Requirements 210-4
Prohibitions of Public Nuisances 210-5
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Table of Contents - contd. Section
Enclosure or Screening Required 210-6
General Exception to Lot Size Requirement 210-7
General Exceptions to Yard Requirements 210-8
General Exceptions to Building Height Limitations 210-9
Fire Zones 210-10
CHAPTER 220 - NONCONFORMING USES AND STRUCTURES
Continuance of. Nonconforming Uses and Structures 220-1
Authorization to Grant or Deny Reinstatement of
a Discontinued Nonconforming Use 220-2
Authorization to Grant or Deny Enlargement of a
Nonconforming Use or Structure 220-3
Completion of Building 220-4
Unoccupied Building 220-5
Application for Reinstatement or Enlargement of
220-6
a Nonconforming Use
CHAPTER 230 - CONDITIONAL USES
Authorization to Grant or Deny Conditional Uses 230-1 f
Application for a Conditional Use 230.2
CHAPTER 240 - VARIANCES
E
Authorization to Grant or Deny Variances 240-1
renditions for Granting a Variance 240-2
l Application for a Variance 240-3
CHAPTER 250 - PROCEDURE FOR ALLOWING OR DISALLOWING VARIANCES
CONDITIONAL USES AND REINSTATEMENT Olt ENLARGE-
MENT OF NONCONFORMING USES
Public Hearing Required 250-1
Recess of Hearing by Planning Commission 250-2
Action of the Planning Commission 250-3
Appeal from Decision of Planning Commission 250-4
CHAPTER 260 - AMENDMENTS TO THE ZONING ORDINANCE
Authorization to Initiate Amendments 260-1
Application and Fee 260-2 i
Planning Commission Hearing on an Amendment 260-3
Recess of Hearing 260-4
Modification of a Proposed Amendment 260-5
City Council Hearing on an Amendment 260-6
Approval of Amendment to Zoning Map 260--7
Notification of Action 260-8 '
260-9
��` Record of Amendments j
CHAPTER -270 - ADMINISTRATION ENFORCEMENT AND INTERPRETATION -- Section
Enforcement 270-1
Appeal to the City Council 270-2
Forms of Petitions, Applications and Appeals 270-3
Temporary Permits 270-4
Interpretation 270-5
Severability 270-6
Penalty 270-7
'HAPTER 280 DEFINITIONS
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CITY OF TIGARD, OREGON
ORDINANCE No.67- 21
AN ORDINANCE ADOPTING THE REPORT OF THE CITY PLANNING COM-
MISSION WITH RESPECT TO PLANNING AND ZONING WITHIN THE CITY OF
TIGARD; DECLARING THE TITLE AND PURPOSE, AND ENACTING REGULATIONS
AND RESTRICTIONS WITH RESPECT TO THE HEIGHT, NUMBER OF STORIES AND
SIZE OF BUILDINGS; THE PART AND PERCENTAGE OF ANY LOT THAT MAY BE
OCCUPIED; THE SIZE OF YARDS, COURTS AND OTHER OPEN SPACES; THE
LOCATION AND USE OF BUILDINGS AND PREMISES FOR TRADE, INDUSTRIAL,
RESIDENTIAL AND OTHER PURPOSES; CREATING DISTRICTS FOR SAID PURPOSES
AND ESTABLISHING THE BOUNDARIES THEREOF; PROVIDING FOR CHANGES AND
MODIFICATIONS IN THE REGULATIONS, RESTRICTIONS AND BOUNDARIES OF
EACH DISTRICT; REGULATING NON-CONFORMING USES; DEFINING CERTAIN
TERMS USED IN CONNECTION THEREWITH; PROVIDING PENALTIES FOR THE
VIOLATION THEREOF; REPEALING ORDINANCE No.63-6 ENACTED BY THE CITY
COUNCIL ON MAY 13, 1963 AND SECTIONS 5 and 6 OF ORDINANCE No.63-8
ENACTED BY THE COUNCIL ON .TUNE 24, 1963.
THE CITY OF TIGARD ORDAINS AS 'P"OLLOWS:
CHAPTER I - PREAMBLE
ia
fl u t t pursuant nrdine 1#67-18
Section 1; The City Council .t�. us a,v - �----
anc-
.___. adopted by the Council on February 27, 1967, the final
report of the City Planning Commission in the form of a zoning
ordinance was duly filed with the City Recorder along with recommend-
ations of the Commission for the adoption thereof, and that a public
hearing was by said ordinance called to be held by the City Council
on Monday, March 13, 1967 at the hour of 8: 00 p.m. in the Council
chambers of the City Hall, Tigard,Oregon, for the purpose of afford-
ing all persons particularly interested and the general public an
opportunity to be heard with respect to said report of the City Plan-
ningCommission; and the Council further finds that due and regular
notice of the hearing to be held by the Council on March 13, 1967
was given by the City Recorder by publication in the Tigard Times,
a newspaper of general circulation within the City of Tigard, in the
issues of March 2 and March 9, 1967, and by posting notice of said
hearing in not less than three public and conspicuous places in the
City of Tigard for a like period prior to March 13,1967.
Section 2: The Council finds that pursuant to Ordinance #67-18 duly
passed by the Council on February 27, 1967, the public
hearing thereby called to be held, was duly and regularly held on
March 13, 1967 at 8:00 p.m. in the Council chambers of the City Hall,
Tigard, Oregon, at which time and place all persons particularly
interested and the general public were afforded an opportunity to be
heard, and were heard, with respect to the report of the City Plan-
ning Commission, and that said hearing was duly conducted and closed.
mection J: The City Council finds that said report and ordinance
proposed for adoption by the City Planning Commission
and the zoning districts thereby defined are in the public interest
and are reasonable, proper and necessary for the health, comfort,
convenience, preservation of the public peace, safety, morals, order
` and the public welfare, and are appropriately designed to promote
the public health, safety and general welfare giving reasonable con-
sideration, among other things, to the character of each district,.
its peculiar suitability for particular uses, the conservation of
■
property values and the direction of building development in accord-
ance with a well-considered plan, and are uniform for each class of
buildings throughout rare district, secure safety from fire and
other danger and make provision for adequate light, air and reason-
able access, and in all manner of things conform to the require-
ments of law.
CHAPTER 110 - GENERAL PROVISIONS
SECTION 100.-1 - SHORT TITLE
This ordinance shall be known as the "CITY OF TIGARD ZONING ORDINANCE
OF 195711, and may be cited as such.
SECTION 100-.2 - PURPOSES
The several purposes of this ordinance are: to encourage the most
appropriate use of land; to conserve and stabilize the value of
property; to aid in the rendering of fire and police protection; to
provide adequate open space for light and air; to lessen the con-
gestion on streets; to give an orderly. growth to the city; to prevent
undue concentrations of population; to facilitate adequate provisions
for community. utilities and facilities such as water, sewage, elec-
trical distribution systems, transportation, schools, park and other
public requirements; and in general to promote public health, safety,
convenience and general welfare.
SECTION 100.-.3 - COMPLIANCE WITH ORDINANCE PROVISIONS
No structure or premises shall hereafterbe used or occupied and no
structure or para thereof shall be erected, moved, reconstructed,
extended, enlarged, or altered contrary to the provisions of this
ordinance.
SECTION 100.-4 CLASSIFICATION OF ZONES
All area within: the .corporate. limits of the City. of Tigard ishereby
divided into zone districts, and the use of each 'tract and ownership
of land within the corporate limits shall be limited to. those uses
permitted by: the zoning classification applicable to. such tract as
hereinafter. designated. The zoning districts: within the City of
Tigard are hereby: classified and designated as follows:
Zone Abbreviated Designation
Single Family Residential R-7
91 -15
st n �r R-30
Multi:-Family Residential A-2 .
General Commercial ' C--3
Neighborhood Commercial C-
General Industrial M-2
Light Industrial M-3
Industrial Park M- .
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Gen. Provisions - 100
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SECTION 100-5 - ZONING MAP
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a. The boundaries of each of the foregoing districts and the zoning
classification and use of each tract in each of said zoning dis-
tricts is hereby prescribed to coincide with the identifying zone
classifications shown on the map entitled "Zoning Map of the City
of Tigard" dated with the effective date of this ordinance and
signed by the Mayor and City Recorder and hereafter referred to as
the "zoning map" and said map by this reference is made a part of
this ordinance.
b. Each lot, tract, parcel of land or portion thereof within the zone
boundaries as designated and marked on the zoning map, is hereby
classified, zoned and limited to the uses as hereinafter specified
and defined for the applicable zone classification as listed in
Section 100-5.
C. The signed copy of the zoning map shall be maintained without
change on file in the office of the City Recorder. . All .subsequent
changes as from time to time they may be authorized, and the date
of the latest change, ordinance number authorizing each .change,
and the current zoning classification with respect to each tract --
shall be promptly entered on supplementary maps to be maintained
currently by the City Recorder.
SECTION 100-6 - ZONE BOUNDARIES
Unless otherwise specified, zone boundaries are lot lines, the center
line of streets, and railroad right-of-way, or such lines. exten.ded.
Where a zone boundary divides a lot between two zones, the entire lit
may be placed in the zone that accounts for the greater area of the
the boundaries, provided the boundary adjust-
lot by the adjustment
of .sa..
ment is a distance of Tess than 20 feet.
SECTION 100-7 - ZONING OF ANNEXED AREAS
Zoning regulations applicable to an area prior to annexation :to .the
city ,shall continue to apply and shall be enforced by the ..city.,_until
a zoning plan for the area has been adopted by the city.council. The
council may, in an ordinance_annexing property to the city, place the
property or any part thereof, in a zoning classification, upon
recommendation from the planning commission, provided the resolutions,
ordinances and notices required to be given in the annexation:.pro-
ceedings contain a declaration of the city's intention to .place- the
annexed property or any part thereof in the zoning classification.
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R-7,15,30
CHAPTER 110 - SINGLE FAMILY RESIDENTIAL ZONES R-7, R-15 and R-30
SECTION 110-1 USES PERMITTED OUTRIGHT
In an R-7, R-15 or R-30 zone the following uses and their accessory
uses are permitted outright.
as Single Family Dwellings.
b. Agricultural use of land, such as truck gardening, horticulture,
but excluding commercial buildings or structures and excluding the
raising of animals other than normal household pets.
SECTION 110-2 - CONDITIONAL USES PERMITTED
In an R-7, R-15 or R-30 zone the following uses and their accessory
uses are permitted as conditional uses when in accordance with Chapter
250.
a. Duplex Residential, with a minimum lot size of 8,000 sq. ft.
b. Planned Residential Development with a minimum lot size. of 20,000
sq. ft. or 3,000 sq. ft. per dwelling unit whichever is greater
and subject to the following additional requirements:
1. Planned Residential. Development shall be comprised of such
combinations of types of dwellings and other structures and
uses as shall be authorized by the Planning Commission, but
the Commission shall authorize only those types of dwellings
and other structures and uses as will: Conform to the offi-
cial development plan of the City of Tigard; be capable of
a c oblesJ.
—v'e design nr%nci stent with the protection of public
health, safety and welfare in general; afford reasonable pro-
tection to the permissable uses of immediate adjacent proper-
ties surrounding the site; be suited to the capacity of exis-
ting and proposed community utilities and facilities.
2. " Applications for a conditional use permit for a Planned Resi-
dential Development shall be accompanied with an overall. de-
velopment plan showing: Bind, location, bulk and capacity of
structures and uses; location and identification of.open spaces,
streets and all other means for pedestrian and vehicular cir-
culation, parks, recreational areas and other non-building
sites; provisions for automobile parking and loading; land-
scaping and forestry features; general nature and location of
public and private utilities and other communicative facili-
ties and services (including maintainance facilities) .
3. The Planning Commission may attach conditions to the approval
of a planned Residential Development which it feels..are neces-
sary to protect the public interest and carry out the. purpose
of this ordinance. Said conditions shall be clearly noted on °
the site plan of the proposed development and/or in the min-
Utes of the Planning Con�-nission. Said site plan and/or
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R-7,15,30
minutes shall remain on permanent file in the City Building-Department
to insure conformity with all conditions imposed by the Planning
Commission.
c. Grocery store not exceeding 1;000 square feet in floor area,
d. Boat Moorage.
e. Cemetaries.
f. Churches and accessory uses,
g. Colleges.
h. Community buildings (public) .
i. Governmental structure or land use including public park, playground,
recreation building, fire station, library or museum.
j. Greenhouse.
k. Home occupations.
1. Hospital, sanitarium, rest home, home for the aged, nursing home or
convalescent home,
M. Railroad right-of-way.
n. School: Nursery, primary, elementary, junior high .or. senior.high,
college or university, private, parochial or public.
o. Two-family dwellings with minimum lot size as required in the
A-2 zone.
p. Utility substation or pumping station with no equipment storage,
and lines which are essential to the functioning and servicing
of residential neighborhoods.
q. Any business, service, processing, storage or display essential_
or incidental to any permitted use in this zone -and not conducted
entirely within an enclosed building.
r. Golf course, country club, private club.
SECTION 110-3 - LOT SIZE IN AN R-7 ZONE
In an R-7 zone the lot size shall be as follows:
a. The minimum lot area shall be 7,0000 square feet.
b. The minimum average lot width shall be 70 feet,
c. The maximum lot coverage shall be 35%.
SECTION 110-4 LOT SIZE IN AN R-15 ZONE
In an R-15 zone the lot size shall be as follows:
a. The minimum lot area shall be 15,000 square feet.
by The minimum average lot width shall be 100 feet.
c. The maximum lot coverage shall be 35%.
SECTION 110-5 LOT SIZE IN AN R-30 ZONE
law In an R-30 zone the lot size shall be as follows:
a. The minimum lot area shall be 30,000 square feet.
b. The minimum average lot width shall be 150 feet,
c. The'maximuxn lot coverage shall be 35%.
R-7,15,30
SECTION 110-6 - SETBACK REQUIREMENTS IN R-7, R--15 ZONES
Except as may otherwise be provided ?..n Section 210-8 the setbacks in
an R-7 or R-15 zone shall be as follows:
a., The front yard setback shall be a minimum of 20 feet.
b. The side yard setback shall be a minimum of 5 feet for a one story
building, 6 feet for 1 1/2 and 2 story buildings and 7 feet for a
2 1/2 story building.
c. On corner lots the setback shall be 20 feet on each side facing a
street other than an alley.
d. The rear yard setback shall be a minimum of 15 feet.
SECTION 110-7 - SETBACK REQUIREMENTS IN R-30 ZONE
Except as provided in Section 210-8 the setbacks in an R-30 zone shall
be as follows:
a., The front yard setback shall be a minimum of 30 feet.
b. The side yard setback shall be a minimum of 5 feet for_a .one story
building, 6 feet for 1 1/2 and 2 story buildings and 7 feet for a
2 1/2 story building.
C. On corner lots the setback shall be 20 feet on each side facing
a ;street other than an alley.
d. The rear yard setback shall be a minimum of 25 feet.
SECTION 110-8 - HEIGHT OF BUILDINGS
Except as provided in Section 210-9 , no building in an R-7, R-15 or
R-30 zone shall exceed a height of 2 1/2 stories or 35 feet which-
ever is less.
SECTION 110..-9 - ADDITIONAL REQUIREMENTS
Additional requirements applicable to this zone include but are not
limited to the follow7ings
a. Off-street parking and loading - see Chapter 190
b. Access and egress - see Chapter 200
C. Enclosure and screening required - see Section 210-6
d.- Signs, advertising signs and structures - see Chapter 300
e. Fire zones- see Section 210-10
f. Nuisances prohibited - see Section 210-5
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A-2
CHAPTER 120 - MULTI-FAMILY RESIDENTIAL ZONE A-2
SECTION 120-1 - USES PERMITTED OUTRIGHT
No building structures or land shall be' used and no building or struc-
ture shall be hereafter erected, enlarged or altered in this zone
except for the following uses:
a. A use permitted outright in an R-7, R-15 or R-30 zone.
b. Two family dwelling.
c. Apartment dwellings.
d. Boarding house, lodging or rooming house.
SECTION 120-2 - CONDITIONAL USES PEP14ITTED
In this zone the following uses and their accessory uses are permitted
as conditional uses when authorized and in accordance with Chapter 250.
a. A conditional use as permitted in an R-7, R-15 or R-30 zone.
b. Auditorium, exhibition or public assembly room.
e.. Golf course, country club, private clubs.
d. Lodges and fraternal organizations.
` e. Medical, dental or other professional office or clinic.
f. Mobile home park (must be 5 acres or more and must front on a
mayor arterial for a distance of no less than 100 feet with
screening as presently provided in Section 210-5) .
g. Railroad right-of-way.
h. Any business, service, processing, storage or display essential or
incidental to any permitted use in this zone and not conducted
entirely within an enclosed building.
SECTION 120-3 - LOT SIZE
In this zone the lot size shall be as follows:
a. The minimum lot area shall be 7,000 square feet. When used. for
multi-family residential purposes the minimum lot area shall be
according to the following table:
Number of Units Square Feet Per Unit Plus Square Feet
1 7,000
2 4,000
3 to 20 2,000 + 4,000
21 to 37 1,750 + 9,250
38 to 63 1,500 + 18,500
64 and up1,000 + 50,000
b. The minimum average lot width shall be 60 feet except on "a cul-
de-sac where minimum width shall be 60 feet at the building linea
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A-2
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Shall r:c3 occupy more than the following percentage of
the lot area:
t�,tlnibet r Dw:i-i i-tri; Units percent of Lot Coverage
35%
2 a.td .3 40%
:r to 20 45%
2 3 to 37 50%
."i8 and up 55%
SECTIO1 1, 20-4 - S.:;TBACK F<BQUY?FMENTS
Except a." be prov ded in Sect4on 210-8, the setbacks for
uses :lit rofle a1 i1.b- _.,e as follows:
a.: The Aron L, yar(z setbcick shall. be a minimum of 20 feet for a one
�Lc�r 1) i. di-iq, and would increase as the building height increases:
Two .�toi ies - .70 .keel.; two--and--one-half stories and over - 35 feet.
1) The sirs.. v:tL s �a1 ' ii'3 a fainirnum of 5 feet for one story, 7 feet
fc t '-. is z �� 3 r i0 f vet for 2 stox ie_s and 12 feet for 2 1/2
ste cls .
t:s s= tbacK. shall. be 20 feet on any vide faun¢
n �r_t . G 4 r',r_r c'tY t,har: uzi alley.
d, mhe rtar yF.iei slra i i be the same as side yards
e. vvuerl E ;ipa Ul,cn- houses are grouped as one project on one tract of
-id , he rilin:irtitum distance between two buildings at any given point
shall not. be 1.=ass than the sum of the required side yards computed
scE,L..ara.tely iot each building at that point.
SEC' DO 2'0 .5 L11a"I;;H" OF' BUILDINGS
Except as otherwise provided in Section 210-9 , no building in this
zone shall exceed a height* of 2 1,/2 stories of 35 feet whichever is
less.
SECTION 120-6 ADDITIONAL REQUIREMENTS
Addikwra_xa1. requirements applicable tc -his zone include but are not
limited: to 'he fc Il.aw7_ng:
a Off-street perking and loading - see Chapter 190
b: Access and egress - see Chapter. 200
c. Apartment dwellings - (Provided that any common boundary between
an A-2 zone and any other residential zone be screened by a
fence with a height of not less than five (51 ) feet and not more
than seven W ) feet, the erection of whish shall be the responsi-
bility of the pioperty ownership in the A-2 zone°) (Also Section
210-6
d. Sig-, advertising signs anus structures - see Chapter 300
at` e; Fire zones see Section 210-10
f. Nuisances prohibited - see Section 210-5
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C-3
CHAPTER 140 - GENERAL COMMERCIAL ZONE C-3
SECTION 140-1 - USES PERMITTED OUTRIGHT
No buildinq structures or land shall be used and no building or struc-
ture shall hreafrer be erected, enlarged or altered in this zone except
for the following uses:
a. Any use permitted in a C-4 Zone.
b. Appliance store (incidental repairs only) .
C. Bank, loan company, or other financial institution .
d. Buepiinting, photostating or other reproduction process,
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e. Business machines, retail sales and service.
f. Commercial schools such as business colleges, music conservatories
and trade schools.
g. Department or furniture store.
h. Film exchange.
i. Frozen food locker (family use only) .
j. Hotels.
k. Instruments, scientific or professional (repair shop) .
1. Jewelry store.
M. Medica:;.-dental clinic.
n. Motel
o. Motion picture theater (not drive-in) .
p Newsstand
q. Professional or commercial office building.
r. Real estate office.
S. Record shop
t .. Restaurant (except drive-in) .
U. Sporting goods sore.
v-, Variety store.
SECTION 140-2 - CONDITIONAL USES PERMITTED
in this zone the following uses and their accessory uses are permitted-
as conditional uses when in accordance with Chapter 250.
a. Any conditional use as permitted in a C-4 zone.
b. An, enterprise, including billiard or poolhall, bowling alley,
boxing arena, dance hall.
c. Auditorium, exhibition hall or other prblic assembly.
d. Automobile and trailer sales area.
e. Automobile arcessbr�t sales.
f. Automobile repairs, painting and upholstery.
g. Catering establishment,
h'. Churches and accessory uses,
i. Cleaning establishment.
I j. Colleges.
f k. Community buildings (Public)
ffi 1. Drive-in business (=except drive-in theaters) offering goods and
services directly to customers waiting in parked motor vehicles.
M. Drive-in theater.
n. Feed store.
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C-3
a. Governmental structures or land uses not including schools.
p, Hospitals, convalescent, general, home for the aged.
q- Hinkel (residential) .
r. Libraries. I
S , Lodges , fraternal organizations .
t . Lumber yard.
u. I u el (with 'kitchens) .
V. Museums.
W4 Parks and playgrounds (public) .
X. Pet shop,
y. Plumbing, electrical or general contractor and shop.
Z. Printing shop and newspaper publishing.
aa:: Private club.
bb. Radio or T.V. ser Ice
CC. Second hand store.
dd. Tavern or cock+ai.l lounge.
ee. Tire shop and retreading.
ff. V-eier.inarians c3ff'ice or animal hospital.
gg. Any business, .service, processing, storage or display essential or
incidental to any permitted use in this zone and not conducted en-
tirely within an enclosed building.
SECTION 140-3 - LOT SIZE
in this zone the lot size shall be as follows:
a. The minimum lot area shall be 6,000 square feet.
b. The minimum lot width shall be 60 feet.
c: 1-No 11'.aximLIM .lot coverage shall be required.
SEC` IO14 140 - SETBACK F;EQUIREMENTS
Except as may otherwise be provided in Section 210-8, the setbacks for
non-residential uses in this zone shall be as follows:
a. No front yard setback shall be required in this zone.
b No side yard setback shall be required, except when abutting a
residential zone, a side yard of 5 feet shall be required.
c. No rear yard setbact shall be required except when abutting a
residential zone, a rear yard setback of 25 feet shall be required.
SECTION 140-5 - HEIGHT OF BUILDINGS
Except as otherwise provided in Section 210-9, no building in this zone
shall exceed a height of 3 stories or 35 feet whichever is less,
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C-4
CHAPTER 150 - NEIGHBORHOOD COMMERCIAL C-4
SECTION 150-1 - USES PERMITTED OUTRIGHT
No building structures or land shall be used and no building or struc-
ture shall be hereafter erected, enlarged or altered in this zone
except for the following uses:
a. Bakery, provided any manufacture of goods is limited to goods
retailed on the premises only.
b. Barber shop.
C. Beauty parlor.
d. Collection station for dry cleaning or laundry.
e. Delicatessen store.
f. Doctor or dentist.
q. Drug store or pharmacy including incidental fountain service but
not including any other use unless specifically permitted under
this section.
h. Florist or flower shop.
i. rift shop.
j. Grocery store.
k. Laundromat.
1. Meat market.
M. Shoe repair.
n. Stationery and book store.
o. Tailor shop, dress shop, clothing store. Other similar service
or retail use, if approved by the Planning Commission and subject
to the same conditions.
SECTION 150-2 - C014DITIONAL USES PERMITTED
In this zone the following uses and their accessory uses are permitted
as conditional uses when in accordance with Chapter 250.
a. Conditional use, as permitted in an A-2 zone.
b. Garden supply store
C. Home occupations.
d. Multi-family dwelling subject to the regulations of an ,7�-2 zone.
e. Public utility.
f. Restaurants.
g. Service stations. (Incidental repairs only)
h. Any business, service, processing, storage or display essential or
incidental to any permitted use in this zone and not conducted en-
tirely within an enclosed building.
SECTION 150-3 - LOT SIZE
In this zone the lot size shall be as follows:
a. The minimum lot area shall be 6,000 square feet.
b. The minimum lot width shall be 60 feet.
c The maximum lot coverage shall be 60%.
10
C-4
SECTION 150-4 - SETBACK REQUIREMENTS
Except as may otherwise be provided in Section 210-8, the setbacks for
non-residential uses in this zone shlll be as follows:
a. The front yard setback shall be 20 feet.
b. No side yard setback shall be required, except when abutting a resi-
dential zone, a side yard setback of 5 feet shall be required.
c. No rear yard setback shall be required except when abutting a resi-
dential zone, a rear yard setback of 25 feet shall be required.
SECTION 150-5 - HEIGHT OF BUILDINGS
Except as otherwise provided in Section 210-9, no building in this zone
shall exceed a height of 3 stories of 35 feet Whichever is less.
SECTION 150-6 - ADDITIONAL REQUIREMENTS
Additional requirements applicable to this zone include but are not
limited to the following:
a. Off-street parking and loading - see Chapter 190
b. Access and egress - see Chapter 200
c Enclosure and screening required - see Section 210-6
d. Signs, advertising signs and structures - see Chapter 300
e. Fire zones - see Section 210-10
f. Nuisances prohibited see Section 210-5
r .
11
M-2
CHAPTER 160 - GENERAL INDUSTRIAL ZONE M-2
SECTION 160-1 - USES PERMITTED OUTRIGHT
No building structures or land shall be used and no building or struc-
ture shall hereafter be erected, enlarged or altered in this zone except
for the following uses:
a. Any use allowed in an M-3 and M-4 light industrial zone.
b. Automobile rebuilding, reconditioning, assembling, painting,
upholstering, or truck repair or overhauling.
C. Assembly plants.
d. Batteries; the manufacture and rebuilding of.
e. Bottling plant.
f. box factory.
g. Coffee roasting.
h. Coffin; manufacture of.
i. Cold storage plant.
j. Feed and fuel storage.
k. Flour milling, grain storage or elevator.
1. Fruit packing and processing.
M. Furniture; manufacture of.
n. Heating equipment; manufacture of.
• o. Machine shop.
p. Paper products; manufacture of but not including the manufacture
of paper itself.
q. Paint; mixing and manufacture of,
r. Pickle, sauerkraut or vinegar manufacture.
S. Stone, marble and granite grinding, dressing and cutting.
t.. Tool and hardware manufacture.
U. Trailer, manufacture of.
v. Wallboard, manufacture of.
W. Weaving of cotton, wool, flax and other fibrous materials.
x. Wood yard.
SECTION 160-2 - CONDITIONAL USES PERMITTED
in this zone the following uses and their accessory uses are permitted
as conditional uses when in accordance with Chapter 250.
a. Conditional use as permitted in an M-3 zone.
b. Brewery.
c. Can manufacture.
d. Cannery.
e. Drive-in theaters.
f. Foundary.
g. " Gravel mining or rock crushing.,
h. Junk, rags, paper or metal storage, collection or baling.
is Radio and T.V. transmitters:
j• Slaughter house.
k. Soap and cleaning compounds manufacture.
12
m-2
1. Any business, service, processing, storage or display essential or
incidental to any permitted use in this zone and not conducted
entirely within an enclosed building.
SECTION 160-3 - LOT SIZE
In this zone the lot size shall be as follows:
a. The minimum lot area shall be 6,000 square feet.
b. The minimum lot width shall be 60 feet.
c. No maximum lot coverage shall be required.
SECTION 160-4 - SETBACK REQUIREMENTS
Except as may otherwise be provided in Section 210-8, the setbacks for
non-residential uses in this zone shall be as follows:
a. The front yard setback shall be 30 feet.
b. The side yard setback shall. be 20 feet, except when abutting or
across the street from a residential zone, a sideyard of 40 feet
shall be required.
c. The rear yard setback shall be 20 feet, except when abutting or
across the street from a residential zone, a rear yard setback
of 40 feet shall be required.
SECTION 160-5 - HEIGfr OF BUILDINGS
Except as otherwise provided in Section 210-9, no building in this
zone shall exceed a height of 3 stories or 35 feet whichever is less.
SECTION 160-6 - ADDITIONAL REQUIREMENTS
Additional requirements applicable to this zone include but are not
limited to the following:
a. off-street parking and loading - see Chapter 190
b. Access and egress - see Chapter 200
C, Enclosure and screening required - see Section 210-6
d. Signs, advertising signs and structures - see Chapter 300
e. Fire zones - see Section 210-10
f. Nuisances prohibited - see Section 210-5
13
M-3
i
CHAPTER 170 - LIGHT INDUSTRIAL ZONE M-3
SECTION 170-1 - USES PERMITTED OUTRIGHT
No building, structures or land shall be used, and no building or
structure shall hereafter be erected, enlarged or altered in this zone, 4.
except for the following uses:
F
a. Assembly of electrical appliances, electronic instruments and
devices, radios, phonographs, television, including the manufac-
ture of small parts only.
b. Assembly (only) of metal r'w illcts.
p
u
aintin and holstering.
c. Automobile repairs, pg,
d. Boat building.
e. Book bindery.
f, Creamery.
g, Dairy products; manufacture of (other than creamery) .
h. Feed and seed processing.
i. Gloves, manufacture of. photo, or motion
7 , Laboratories: Experimental, dental, medical, p
picture, research or testing. !
k. Laundry or dry cleaning plant.
1. Lumber yard.
processing, packaging or treatment of
- m. Manufacture, compounding,
such products as bakery goods, candy, cosmetics, dairy products,
food and beverage products.
n. Manufacture and maintenance of electric and neon signs, bill-
boards or commercial advertising structures.
o. Medicines; manufacture of.
p. Musical instruments, toys, novelties, or rubber or metal stamps;
manufacture of.
q. Optical goods, scientific and precision instruments and equipment;
manufacture of.
r, Planing mill.
s. Plastics; molding of, including the manufacture of products there-
of, provided all grinding operations are conducted within a.
building.
t. Plumbing, electrical or general contractor and shop.
u. Plywood sales.
V. pottery and other similar ceramic products; manufacture of.
w. Public service and utility.
x. Sash and door manufacture.
y. Shops: Sheet metal, machine and welding. dentures,
Z. Surgical instruments and dressings, artificial limbs,
hearing aids and other devices employed by the medical and den-
tal professions; manufacture of.
aa. Veterinarian or animal hospital.
bb. Warehousing
cc. Wholesale distribution or sales business.
14
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M-3
_ SECTION 170-2 - CONDITIONAL USES PERMITTED
In this zone the following uses and their accessory uses are-permitted
as conditional uses when in accordance with Chapter 250.
a. Conditional use as permitted in M-4 zone.
b. Contractors equipment storage.
c. Drive-in theaters.
d. Fuel oil distribution (home use only) .
e. Gravel mining or rock crushing.
f. Radio and T.V. transmitters.
g. Railroad right of way.
h. Any business, service, processing, storage or display essential
or incidental to any permitted use in this zone and not conducted
entirely within an enclosed building.
SECTION 170--31 � LCT SIZE
uE
In this zone the lot size shall be as follows:
a. The minimum lot area shall be 6 ,000 square feet.
n b. The minim„n, lot width shall be 60 feet.
C. No maximum lot coverage shall be required.
SECTION 170-4 - SETBACK REQUIREMENTS
Except as may otherwise be provided in Section 210-8, the setbacks for
non-residential uses in this zone shall be as follows:
a. The front yard setback shall be 30 feet.
b. The side yard setback shall be 20 feet, except when abutting or
across the street from a residential zone, a sideyard of 40 feet
shall be required.
c. The rear yard setback shall be 20 feet, except when abutting or
across the street from a residential zone, a rear yard setback of
40 feet shall be required.
SECTION 170-5 - HEIGHT OF BUILDINGS
Except as otherwise provided in Section 210-9, no building in this zone
shall exceed a height of 3 stories or 35 feet whichever is less.
SECTION 170-6 ADDITIONAL REQUIREMENTS
Additional requirements applicable to this zone include but are not
limited to the following:
a. Off-street parking and loading - see Chapter 190
b. Access and egress see Chapter 200
c. Enclosure and screening required - see Section 210-6
d. Signs, advertising signs and structures _ see Chapter 300
e. fire zones - see Section 210-10
f. Nuisances prohibited - see Section 210-5
15
M-4
Y CHAPTER 180 - INDUSTRIAL PARK ZONE M-4
SECTION 180-1 - USES PERMITTED OUTRIGHT - INDUSTRIAL PARK
No building structures or land shall be used and no building or
structure shall hereafter be erected, enlarged or altered in this zone
except for the following uses:
a. Assembly and manufacture of electrical appliances, electronic
instruments and devices, radios, phonographs and television and
components thereof.
b. Assembly (only) of metal products.
C. Batteries; manufacture of.
d. Dairy products, manufacture of (other than creamery) .
e. Laboratories: experimental, dental, medical, photo or motion pic-
ture research or testing.
s
,`., t•�tt_
using only -r_. :raGttre of ceramic product ev-rexm--
Marized
clay.
g, Manufacture of musical instruments.
h, Manufacture of optical goods, scientific and precision .instruments
and equipment.
i. Manufacture of artificial limbs , dentures, hearing aids, surgical
instruments and dressings, and other devices employed by the
medical and dental professions.
j . Manufacture, compounding, processing, packaging or treatment of
such products as bakery goods, ca :dy, cosmetics, dairy products,
toilet soap, toiletries (excluding the refining and rendering of
fats and oils) and food and beverage products.
k. Medicines and pharmaceuticals, the manufacture of.
1. Office buildings, bank.
M. Plastics; molding of, including the manufacture of plastic products.
n. Research, development and testing laboratories.
o. Restaurant; when related. to the above uses only.
p. Warehousing; when related to the above uses only.
s,
Dwelling unit for watchman and his family.
SECTION 180-2 - CONDITIONAL USES PERMITTED - INDUSTRIAL PARK
In this zone the following uses and their accessory uses are permitted
as conditional uses when in accordance with Chapter 230.
a. Automobile- service station.
b. Fruit packing and processing.
c. Furniturc; manufacturing of.
d. Heating equipment; manufacture of,
e. Machine shop, welding shop.
f. Paper products; manufacture of but not including the manufacutre of
paper itself.
g. Railroad trackage and related facilities
h. Public utility (such as water tower, sub-station etc. ) .
i, Tool and hardware manufacture.
j. Trailer, manufacture of.
16
M-4
k. Warehousing and wholesale distribution.
1 Weaving of cotton, wool, flax and other fibrous materials. the
m. Any other use held similar to the above uses, as app y
Planning Commission.
ri. Any business, service, processing, storage or display essential
incidental to any permitted use in this zone and not conducted
ontirely within an enclosed building.
o. Building or structure in excess of two (2) stories or 25 feet in
height whichever is less.
SECTION 180-3 - LOT SIZE - INDUSTRIAL PARK
In this zone the lot size shall be as follows:
a. The minimum lot area shall be 40,000 square feet.
b. The minimum lot width shall be 100 feet.
SECTION 3.80-4 - SETBACK REQUIREMENTS - INDUSTRIAL PARK
Except as may otherwise be provided in Section 11, the setbacks for
non-residential ases in this zone shall be as follows:
a. The front yard setback shall be 40 feet, except when across the
street from a residential zone, a front yard setback of 50 feet
shall be required.
b. The side yard setback shall be 20 feet except when abutting or
across the street from a residential zone, a side yard setback of
50 feet shall be required.
c. ' The rear yard setback shall be 20 feet, except when abutting or
across the street from a residential zone, a rear yard setback of
50 feet shall be required.
d. Offstreet parking may be located within any required yard except
that where located within a side or rear yard .adjacent to any
residential zone, parking shall be screened from said adjacent
residential zone. if parking is to be located within any required
front yard, the first twenty feet within said yard will be retained
as landscaped area.
SECTION 180-5 BUILDING HEIGHT - INDUSTRIAL PARK
Buildings in this zone shall not exceed a height of three (3) stories
or 35 feet whichever is less except as provided under the conditional
use provisions of this ordinance, in which case the maximum permitted
height may be increased to 75 feet provided that all yards adjacent
to said building shall have a minimum depth of not less than one-
half the height of said building.
SECTION 180-5 - ENCLOSURE OR SCREENING REQUIRED - INDUSTRIAL PARK
a. Except as otherwise permitted under the Conditional Use Provisions
of this zone, all business, service, repair, processing, storage
or merchandise display shall be conducted wholly within an
enclosed building.
17
M-4
b. When permitted under the Conditional Use Provisions of this zone
all business, service, repair, processing, storage or merchandise
display not conducted within an enclosed building shall be
screened from the view of all adjacent properties by a sight
obscuring fence not less than six feet in height and/or by land-
scaping of such a height and density as may be prescribed by the
Planning Commission.
SECTION 180-7 - LANDSCAPING - INDUSTRIAL PARK
a. Properties abutting a residential district shall provide and
maintain an evergreen landscape buffer, according to the plot
plan and approved by the Planning Commission.
b. Yards adjacent to streets and those abutting a residential district
shall provide lawn and trees and shrubs and shall be maintained
in a manner providing a park-like character to the property.
c. Other yards and unused property shall be planted in grass or other
suitable ground cover and properly maintained.
SECTION 180-8 - ADMINISTRATION - INDUSTRIAL PARK
a. Application for Building Permits in an industrial Park Zone shall
be accompanied by the information needed to satisfy the building
code plus the following
1. A plot plan of the property showing the location of all
present and proposed buildings, drives, parking lots, land-
scaping plan, waste disposal fields and other construction
features on the property; and all buildings, streets, -alleys,
highways, streams and ether topographical £eatures .outside
of the property for one hundred (100) feet from all proper-
ty lines.
2. A description of the industrial operations proposed in suf-
ficient detail to indicate the effects of those-operations
in producing traffic congestion, noise, toxic or noxious
matter, vibrations, odors, heat, glare, air polution, wastes
and other objectionable effects.
3. Engineering and architectural plans for the treatment and
disposal of sewage and industrial wastes and any on-site
disposal of wastes.
4. Engineering and architectural plans for handling of any
excess traffic congestion, noise, glare, air pollution,
fire hazard or safety hazard.
5. Designation of the fuel proposed to be used and any necessary
architectural and engineering plans for controlling smoke or
particulate matter. f
18
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m-4
6. The proposed number of shifts to be worked and the maximum
number of employees on each shift.
b. If found necessary and upon request of the City, information suf-
ficient to determine the degree of compliance with the .standards
of this ordinance shall be furnished by the industry. Such
request may include a requirement for continuous records .of .
operations likely to violate the standards, for periodic ..checks
to assure maintenance of standards, or for special_surveys .in
the event it appears a violation is in progress.
t
19 ,-
Parking - 190
CHAPTER 190 - OFF-STREET PARKING AND LOADING
SECTION 190-1 - GENERAL PROVISIONS
a. The provision and maintenance of off-street parking and loading
spaces are continuing obligations of the property owner. No
building or other permit shall be issued until plans are presented
that show property that is and will remain available for exclusive
use as off-street parking and loading space. The subsequent use of j
property for which the building permit is issued shall be conditional
upon the unqualified continuance and availability of the amount of
parking and loading space required by this ordinance . Should the j
owner or occupant of a lot or building change the use to which the
lot or building is put, thereby increasing off-street parking or
loading requirements, it shall be unlawful and a violation of this
ordinance to begin or maintain such altered use until the required
increase in off-street parking or loading is provided.
6
b. Owners of two or more uses, structures, or tiarcels of land may agree
to utilize jointly the same parking and loading spaces when the
hour: of operation do not overlap, provided that satisfactory legal
evidence is presented to the building inspector in the form of
deeds, leases, or contracts to establish the joint use.
c. A plan drawn to scale, indicating how the off-street parking and
loading requirement is to be fulfilled, shall accompany the request;
for a. building permit. The plan shall show all those elements
necessary to indicate that these requirements are being fulfilled
and shall include but not be limited to:
i s
1. Delineation of individual parking g Paces.
2 Circulation area necessary to serve spaces.
3. Access to streets, alleys and properties to be served.
4. Curb cuts.
5. Dimensions, continuity and substance of screening.
6. Grading, drainage, surfacing and subgradirg details.
7. Delineations of all structures or other obstacles to parking
and circulations on the site.
B. Specifications as to signs and bumper guards.
�.
SECTION 190-2 -- OFF-STREET PARKING
a. At the time of erection of a new structure or at the time of enlarge-
ment or change in use of an existing structure within any zone in
city off-street parking spaces shall be as provided in this section.
_t
In case of enlargement of a building or use of land existing on the
effective date of this ordinance, the number of parking and loading
20
PARKING - 190
spaces required shall be based only on floor area or capacity of such
enlargement.. If parking space has been provided in connection with
an existing use or is added to an existing use, the parking space
shall not be eliminated if elimination would result in less space
than is specified in the standards of this section when applied to
the entire use.
b. in the event several uses occupy a single structure or parcel of
land, the total requirements for off-street parking shall be the
sum of the requirements of the several uses computed separately.
Required parking spaces shall be available for the parking of
C. q patrons and
operable passenger automobiles of residents, customers, p
employees only, and shall not be used for storage of vehicles or
materials or for the parking of trucks used in conducting the business
or use, and shall not be rented, leased or assignee; to any other
person or organization. Such restriction shall not be deemed to
prevent the parking of not to exceed, one unoccupied house or
camping trailer, and/or not to exceed one pleasure boat, provided
however, that required automobile parking space is not thereby
infringed upon.
do Off-street parking spaces for dwellings shall be located on the
same lot with the dwelling. Other required parking spaces shall
be located not farther than 300 feet from the building or use they
are required to serve, measured in a straight line from the building.
e. Required parking spaces shall be improved and available for use at
the time of the final building inspection.
SECTION 190-3 - STANDARDS OF MEASUREMENT
a. Except as otherwise defined in this code, "one space" means a
minimum area available for parking 9 feet wide and 20 feet long. No
area shall be considered as a parking space unless the plans sub-
mitted shall show that the area ,is accessible and usable for that
purpose.
b. "Square feet" means square feet of gross floor area under roof
measured from extension limit or face of a building or structure,
excluding only space devoted to covered off-street parking or
loading.
,Employees"' means all persons (including proprietor, executives,
C.
professional people, production, sales and distribution employees)
;, workingthe largest shift.: on the �
d. Parking spaces in public streets or alleys shall not be eligible
as fulfilling any part of the parking requirements. 21 {
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Parking - 190
SECTION 190-4 - MINIMUM OFF-STREET PARKING SPACES REQUIRED
Off-street parking shall be provided according to the following
standards and regardless of the zone in which the use is located.
USE STANDARD
a. Residential uses:
1. Single Family residences - One space for each dwelling unit.
2. Two family dwellings - It
" "
to
3. Apartment dwelling - Three spaces for each two dwelling units
4. Residential hotel, room- - One space for each guest accomo-
ing or boarding house dation.
5. Fraternity or Sorority - One space for each two occupants
houses
6. Hotel One space for each one guest
room plus one space for each two
employees.
7. Motel or tourist court - One space for each guest room or
suite plus one space for each two
employees.
B. Club - Clubs shall be treated as combina-
tions of uses such as hotel, res-
taurant, auditorium, etc., and the
required spaces for each separate
use shall be provided.
b. institutions :
1. Convalescent homes; In- - A minimum of four spaces per use;
stitutions for the aged; in addition, one space for each five
institutions for children; beds for patients plus one additional
welfare or correction in- space for each two employees.
stitutions.
2.. Hospitals A minimum of six spaces per hospi-
tal, in addition one space for each
two beds, including bassinettes
plus one additional snrce for
each two employees.
c. Public assembly:
1. Church s n mi n a mmm Of six x erces per aiurch
in addition, one space for each
six seats or twelve feet of bench
length.
22
Parking - 190
2, Library - One space for each four hundred
v: square feet of gross floor areal plus
one space for each two employees.
3. Auditorium or meeting - A minimum of six spaces per assemblyi
rooms, except schools in addition, one space for each six
seats or twelve feet of bench length.
4. College, commercial - One space for each six seats in class-
rooms plus one space for each two
employees.
5. Nursery schools, elemen- - Two spaces per teacher; minimum of
tary or high schools. eight spaces per school; in addition,
one space for each twelve seats or
twenty-four feet of bench length in
the auditorium or assembly room or,
if none, the sum of the classroom
seating capacity plus one space for
each two employees.
6. Passenger terminal - One space for each five hundred
(bus, air or rail) square feet of gross floor area plus
one space for each two employees.
d. Sports and commercial amusement
1. stadium or race track - One space for each four seats or
eight feet of bench length.
2. Indoor arena or theater - One space for each four seats or
eight feet of bench length.
3. Bowling alley - Five spaces for each alley, plus one
space for each two employees.
4. 1uance hall or skating One space for each one hundred square
rinkfeet of gross floor area, plus one
space for each two employees.
5. Amusement park - One space for each one thousand
square feet of gross area, plus one
space for each two employees.
e, commercials
1. Retail stores including Minimum three spaces per use and in
restaurant, cafe, tavern, addition, one space for each five
night club but other than hundred square feet gross floor area,
in item "71 below plus one space for each two employees,
2 Service or repair shop - Minimum three spaces per use and in
and retail store handling addition, one space for each five
bulky merchandise, such hundred square feet of gross floor
as automobiles and area, plus one space for each two
furnitureemployees.
p y
23"
Parking - 190
3. Commercial or professional- One space per five hundred square
office space feet of floor area plus one space
for each establishment plus one
space for each two employees.
f. industrial :
1. Wholesale or freight ter- - One space for each employee on the
rtinal (water, air, rail largest shift.
or trucking)
2. Storage - One space for each employee on the
largest shift.
3. Manufacturing or pro- - One space for each employee on the
cessing largest shift.
g. Requirements for types of buildings and uses not specifically listed
herein shall be determined by the Planning Commission, based upon
the requirements of comparable uses listed.
SECTION 190-5 - OFF-STREET LOADING
A driveway designed for continuous forward flow of passenger
vehicles -for the purpose of loading and unloading children shall be
located on the site of any school hawing a capacity greater than
25 students.
b. Buildings or structures to be built or substantially altered which
receive and distribute material or merchandise by truck shall provide
and maintain off-street loading berths in sufficient numbers and
size to adequately handle the needs of the particular use. If
loading space has been provided in connection with an existing use
or is added to an existing use, the loading space shall not be
eliminated if elimination would result in less space than is re-
quired to adequately handle the needs of the particular use. Off-
street parking areas used to fulfill the requirements of this
ordinance shall not be used for loading and unloading operations
except during periods of the day when not required to take care of
parking needs
SECTION 190-6 - DESIGN STANDARDS FOR OFF-STREET PARKING AND LOADING
a. Groups of more than two parking spaces shall be served by a service
drive so that no backing movemerts or othermaneuvering within a
street other than an alley will be required.
b. Service drives shall be designed and constructed to facilitate the
flow of traffic, provide maximum safety of traffic access and
egress and maximum safety of pedestrians and vehicular traffic on
r 24
M
Parking - 190
the site, and shall have a minimum vision clearance area as
prt:escribed in Section 210-•9.
c. Each parking and/or loading space shall be accessible from a street
or other right-of-way and the access shall be of a width and
location as described by Chapter 200 - Access and Egress.
d. Access aisles shall be of sufficient width for all vehicles turning
and maneuvering, and according to the minimum standard shown on
Figure #1.
e. Except in connection with single family uses, all areas used for
the standing or maneuvering of vehicles shall be improved accord-
ing to the same specifications as required for city streets.
f. Parking spaces along the boundaries of a parking lot shall be
provided with a bumper rail or a curb at least 4 inches high
located 4 feet within the property lines.
g. off-street parking and loading areas shall be drained to avoid
flow of water- across public sidewalks.
h. Where the boundary of a parking lot adjoins a residential district,
such parking lot shall be screened by a sight obscuring fence, as
-5 -- Enclosure and Screening Required.
prescribed by Section 210
i. Artificial lighting which may be provided shall be deflected so as
not to shine directly into adjoining dwellings or other types of
living units and so as not to create a hazard to the public use of
any road or street.
j
Signs which are provided on parking lots for the prpo$e of directing
traffic shall be as prescribed in Chapter 300.
s..
�y
•
u�
;
Access - 200
CHAPTER 200 - ACCESS AND EGRESS
SECTION 200-1 - GENERAL PROVTSZOUS
The following requirements and stanuards shall not apply in any instance
where subdivision rules or standards of the City of Tigard are applicable
The following provisions and standards are intended to apply where no
present or discernible purpose exists to partition one or more parcels
of land in contravention or violation of the subdivision laws of the
State of Oregon and Ordinances of the City of Tigard.
a. The provision and maintenance of access and egress stipulated in
this ordinance are continuing requirements for the use of any
structure or parcel of real property in the City of Tigard. No
building or other permit shall be issued until scale plans are
presented that show how access and egress requirement is to be
fulfilled. Should the owner or occupant of a lot or building
change the use to which the lot or building is put, thereby in-
creasing access and egress requirements, it shall. be unlawful
and a violation of this ordinance to begin or maintain such altered
use until the required increase in access and egress is provided.
b. Unless the required access and egress is dedicated to public use
by permanent easement or deed, the building inspector shall not
issue a building permit until the City Attorney has been presented
with satisfactory legal evidence in the form of deeds, easements,
leases, or contracts to establish access a;d egress for the
duration of the occupancy or use for which access and egress are
required. Copies of said deeds, easements, leases or contracts
shall be placed on permanent file with the City Recorder.
c. Owners of two or more uses, structures, or parcels of land may
agree to utilize jointly the same access and egress when the combined
access and egress of both uses, structures, or parcels of land
satisfies their combined requirements as designated in this
ordinance, provided that satisfactory legal evidence is presented
to the City Attorney in the form of deeds, easements, leases or
contracts to establish joint use. Copies of said deeds, easements,
leases or contracts shall be placed on permanent file with the
City Recorder.
d, All access and egress-; shall connect directly with public streets
approved and accepted by the city, for p!iblic use. Vehicular
access for residential use shall be brought to within fifty (50)
feet of the ground floor entrances or the ground floor landing of
a stairway, ramp or elevator leading to dwelling units, or in the
case of commercial or industrial uses, vehicular access shall be
brought to within fifty (50) feet of the primary ground floor
entrances.
26
Access - 200
s
e. Required sidewalks shall extend from the ground floor entrances
or the ground floor landing of stairs, ramps or elevators to the
sidewalk or curb of the public street or streets which provide the
required access and egress.
f. Applications for building permits shall be referred to the Planning
Commission for review when in the opinion of the building official E
the access proposed would cause such hazardous traffic conditions
to exist or would provide such inadequate access for emergency
vehicles or would in any other way, cause such hazardous traffic
conditions to exist or would provide such inadequate access for
emergency vehicles or would in any other way, cause such hazardous
conditions to exist as to constitute a clear and present danger to
the public health, safety and general welfare.
r
g. The standards set forth in this ordinance are minimuntstandards
for access and egress, and may be increased by the Planning }
Commission in any particular instance where the standards provided
herein are deemed insufficient.. �
F
SECTION 2002 MIN1W.;M ACCESS REQUIREMENTS FOR RESIDENTIAL USES
a. Access and egress for Single Family and Duplex Residential uses x.
shall not be less than the following; '
MINIMUM MINIMUM PAVEMENT
DWELLING UNITS NUMBER REQUIRED MINIMUM WIDTH SIDEWALKS ETC.
1 1 10 ft. none
2 2 . . 10.ft. hard surface pave-
. . ment over 80 of
or 1 20 ft. required access
.,ridth; no curbs or �.
sidewalks required
3-5 1 30 ft.
6 and l 50 ft. dedicated street
above with standard street
improvements.
b. Access and egress for Multi-Family Residential uses shall not be
less than the following:
MINIMUM MINIMUM PAVEMENT �
DWELLING UNITS NUMBER REQUIRED MINIMUM WIDTH SIDEWALKS ETC.
3 19 1 30 ft, hard surface pavement
over 80% of required
access width; no curbs
or sidewalks Etguired.
27
ACCESS - 200
MINIMUM MINIMUM PAVEMENT
DWELLING UNITS NUMBER REQUIRED MINIMUM WTDTH SIDEWALKS ETC.
20 - 49 1 40 ft. hard surface pavement
. . . . over 80% of required
access width; no curbs
or 2 30 ft or sidewalks required
50 - 100 1 50 ft. hard surface pavement
36 feet wide; curbs
required; sidewalks
not required.
or 2 40 ft. hard surface pavement
32 feet wide; no curbs
required; sidewalks
not required. _
over 100 as required by as required as required by plan-
planning com- by planning ning commission.
mission commission
SECTION 200-3 — MINIMUM ACCESS REQUIREMENTS FOR COMMERCIAL, AND INDUSTRIAL
USES
Access and egress for Commercial and Industrial uses shall not be less
than the followings
REQUIRED MINIMUM MINIMUM PAVEMENT
PARKING SPACES NUMBER REQUIRED MINIMUM WIDTH SIDEWALKS FTC.
r 99 1 30 ft. hard surface pavement
over 80°f of required
access width; no curbs
required; 5 foot side-
walk one side only
when abutting
dedicated streets with
sidewalks.
100 249 2 30 ft. hard surface pavement
over 80% of required
. . . . . access width; no curbs
` . . required; 5 foot side-
1 50 f: walk one side only
when abutting dedicated
streets with sidewalks.
250 and as required by as required as required by
over planning by planning planning commission.
cammiasian commission
28
Access - 200
SECTION 200-4 - WIDTH AND LOCATION OF CURB CUTS
a. Minimum curb cut width shall be 15 feet.
b. Maximum curb cut width shall be as determined by the City Engineer.
C. No curb cuts shall be allowed within five feet of an adjacent pro-
perty line except when two adjacent property owners elect to pro-
vide joint access to their respective properties, as provided in
Section 200-1 (b) .
d. No curb cuts shall be allowed within 30 feet of an intersecting
street right-of-way.
e. There shall be a minimum distance of 30 feet bet.v'een any two
adjacent curb cuts on the same property.
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3
29
... _.._....
....._.... .
t
Sup. Provisions - 210
CHAPTER 210 - SUPPLEMENTARY PROVISIONS
SECTION 210-1 - AUTHORIZATION OF SIMILAR USES
1
The Planning Commission may rule that a use, not specifically named
in the allowed uses of a zone, shall be included among the allowed
uses if the use is of the same general type and is similar to the
allowed uses. However, this section does not authorize the inclusion
of a use specifically listed in another zone. 4
SECTION 210-2 - PROVISIONS REGARDING ACCESSORY USES
ry shall comply with all requirements for the principal
Accessory uses Y q
use except where specifically modified by this ordinance and shall
comply with the following limitations:
a. fences and }ledges, uncovered decks and similar landscaping features
may be located within yards but shall not conflict with vision
clearance requirements.
b. A greenhouse or hothouse may be maintained accessory to a dwelling �
only if there are no sales.
C. No separate permit shall be issued for the construction of any
type of accessory building prior to that of the main dwelling.
SECTION 210-3 - PROJECTIONS FROM BUILDINGS �
Cornices, eaves canopies, sunshades, gutters, chimneys, flues, belt
.,
courses leaders, sills, pilasters, lintels, ornamental features,
and other similar architectural features way project not more than
two feet into a required yard or into .required open space as established
by coverage standards.
SECTION 210-4 CONTINJANCE OF MINIMUM ORDINANCE REQUIREMENTS
No lot area, yard or other open space or required off-street parking �
or loading area existing on or after the effective date of this
ordinance shall be reduced in area, dimension or size below the minimum .
required by this ordinance, nor shall any lot area, yard or other open
space or off-street parking or loading area which is required by this
ordinance for one use be used as the list area, yard,or other open space
or off-street parkingor loading area requirement for any other use
except as provided in Section 210-2 (c) and 150-1 (c) . �
30
Sup. Provisions - 210
SECTION 210--5 - PROHIBITION OF PUBLIC NUISANCES
No building, structure,or land shall be occupied or used for any purpose
which creates or causes to be created any public nuisance, including
but not limited to excessive odor, dust, smoke, cinders, fumes, noise,
glare, heat or vibration or any hazard to the general health, safety
and welfare as defined by Ordinances of the City of Tigard, Statutes
of the State of Oregon, or by the decisions of any court of competent
jurisdiction. (See especially Tigard City Ordinance 62-17)
SECTION 210-•6 - ENCLOSURE OR SCREENING REQUIRED
a. Except as otherwise permitted under the Conditional Use Provisions
of this Ordinance, all business, service, repair, processing,
®
storage, or merchandise display shall be conducted wholly within
an enclosed building.
b. When permitted under the conditional Use f'rovisions of this
Ordinance, all business, service, repair, processing, storage or
merchand_se display not conducted within an enclosed building
may be required to be screened from the view of all adjacent
properties by a sight obscuring fence not less than five feet
nor more than seven feet in height and/or by landscaping of such
a height and density as may be prescribed by the Planning Commission.
SECTION 210-7 - GENERAL EXCEPTION TO LOT SIZE REQUIREMENTS
If at the time of passage of this ordinance, a lot, or the aggregate
of contiguous lots held in a single ownership, has an area or dimension
which does not meet the lot size requirements of the zone in which the
property is located, the lot or aggregate holdings may be occupied by
a use permitted outright in the zone subject to the other requirements
of the zone and providing, if there is an a ea deficiency, residential
use shall be limited to a single-family residence.
SECTION 210-8 -- GENERAL EXCEPTIONS TO YARD REQUIREMENTS
a. Except for that portion of the setback which is listed in sub-
section (b) of this section, the following exception to the front
yard requirement for a dwelling is authorized for a lot in any zone.
If there are dwellings on both abutting lots with front yards of
less than the required depth for the zone, the front yard for the
lot need not exceed the average front yard of the abutting dwellings.
If there is a dwelling on one abutting lot with a front pard of
less than the required depth for the zone, the front yard for the
lot need not exceed a depth one-half way between the depth of the
abutting lot and the requ9Yed front yard depth.
31
hx
b. In all zones, vision clearance areas shall be maintained between
all intersecting streets (except alleys) extending twenty feet
(201 ) back from the right-of-way intersection along both sides of
the spaces between the intersecting streets. Except for occasional
tree trunks or poles, these areas shall be maintained without
sight obstruction of any kind for a vertical distance between
three feet (3') and ten feet (101) above the ground.
C. To permit or afford better light, air and vision on more heavily
traveled streets and on streets of substandard width; to protect
arterial streets; and to have the location of structures compatible
with the need for the eventual widening of streets, a yard shall
be provided abutting streets and portions of streets hereinafter
named which shall be the number of feet set forth below in the ;.
right-hand column, measured at right angles to the centerline of
tSS1.1
,_C—" street v and,a, unless otherwise described, measured from the fee
title or dedicated right-of-way of the public way.
STREET YARD REQUIRED
All of S.W. Pacific Highway within City 40 ft.
d. To permit or afford better light, air and vision on more heavily
traveled streets and on streets of substandard width; to protect
arterial streets; and to have the location of structures compatible
with the need for the eventual widening of streets, a setback
shall be provided abutting streets and portions of streets herein-
after named which shall be greater than the required yard dimension
specified in the zone by the number of feet set forth below in the
right-hand column, measured at right angles to the centerline of
the street and, unless otherwise described, measured from the
centerline of the street as constructed and improved with a hard
surface pavement, or where not paved, from the center line or
general extension thereof of the street right-of-way-
STREET ADDITIONAL SETBACKS
All of S.W. Greenburg Rd. within City 30 ft.
,! ,1. S.W. Walnut St. Is to 30 Yf
of It
S.W. Highway .217 It is 30
S.W. Tigard Ave.
It of 30
to qn 30 "
S.W. Burnham St. is
„ S.W. Durham Rd. 19 is 30
S.W. 72nd Ave. of of 30
"
o0 oa S.W. Pfagfle ofIt 30
se rres n 30 "
S.W. McDonald St,
40 �� S.W. Ash Ave. 30
ns ss
3
as ss 0
S.W. Hunziker
"
" S.W. Bonita Rd. 't „ 30 �
32
C STREET YARD REQUIRED
All of S.W. Bull Mt. Rd. within city 30 ft.
" S.W. Gaarde " " 30 ft.
All existing streets within city with less
than 50 feet of right-of-way 25 feet
SEC'T'ION 210-9 - GENERAL EXCEPTIONS TO BUILDING HEIGHT LIMITATIONS
a. The following types of structures or structural parts are not
subject to the building height limitations of this ordinance.
chimneys, tanks, church spires, belfries, domes, monuments, fire
and hose towers, observation towers, masts, aerials, cooling towers,
e:.eva'cor .......at , transmission towers, smokes- tar- flagpoles, radio
and television towers, and other similar projections.
b. Building heights in any zone mey be increased as a conditional
use to a maximum permitted height of 75 feet provided that the total
floor area of the buildings does not exceed the area requirement of
the zone (if any) and provided that in residential zones all yards
shall have a minimum depth of not less than one-half the height
of the principal structure.
SECTION 210-10 F`I'RE ZONES
a. Fire zones as established in the City of Tigard by adoption of the
Uniform Building Code, promulgated by the International Conference
of Building Officials, shall conform to land use zones or districts
and are hereby classified and designated as follows:
LAND USE ZONE FIRE ZONA;
R Single .Family Residential 3
R-15 3
R.m 30 It 3
A-2 Multi-Family Residential 3
T"_-3 Light Industrial 2
M-2 Industrial Park 2
C-4 Neighborhood Commercial 2
C-3 General Commercial 2
h. Fire zones shall run concurrently with the land use zones and are
changed automatically by changes in land use classification as may
occur from time to time by amendment to the zoning ordinance
33
Noncon. Uses & Structures - 220
CHAPTER 220 - NONCONFORMING USES AND STRUCTURES
SECTION 220-1 - CONTINUATION OF NONCONFORMING USES OR STRUCTURES
Subject to the provisions of Sections 220-1 through 220-5, a nonconform-
ing structure or use may be continued but shall not be altered or
extended, except as provided herein.
SECTION 220-2 - AUTHORIZATION TO GRANT OR DENY REINSTATEMENT OF A
DISCONTINUED NONCONFORMING USE
Following the procedure set forth in Sectio.". 250-1 to 250-4 the Planning ---
Commission may authorize the reinstatement or resumption of a dis-
continued nonconforming use subject to the following limitations :
a. If a nonconforming use is discontinued from active use, it shall
not be reinstated or resumed unless specifically approved by the
Planning Commission.
i
b. If a nonconforming use is changed, it shall be changed only to a '
use conforming with the zoning regulations and once changed it {
shall not be changed back again to the original nonconforming use.
co If a nonconforming structure or a structure containing a noncon-
forming use is destroyed or damaged by any cause to an extent re- s
quiring the discontinuance of the use while effecting repairs, a
future structure or use on the property shall conform to the pro-
visions of this ordinance unless reinstatement or resumption of E;
the original structure is specifically approved by the Planning z
Commission.
SECTION 220-3 - AUTHORI74ATION TO GRANT OR DENY ENLARGMENT OF A NON-
CONFORMING USE OR STRUCTURE is
i
Following the procedure set forth in Section 250--1 to 250-2 the
Planning Commission may authorize the enlargement of a nonconforming
use or structure subject to the following limitations:
t;
a. A nonconforming use may be permitted to enlarge up to twenty (20)
percent in floor area or, in those rases not involving structures,-
up to ten (10) percent in land area as existing on the effective l'
date of this ordinance.
b. _A structure conforming as to use but nonconforming as to setback
or yard may be altered or extended providing the alternation or
extension does not result in a violation of this ordinance.
3
Noncon. Uses & Structures - 220
SECTION 220-4 - COMPLETION OF BUILDING
Nothing contained in this ordinance shall require any change in the
plans, alteration, construction, or designated use of a building
for which a building permit has been issued and construction work
has commenced prior to the adoption of this ordinance, except that if
the designated use will be nonconforming it shall, for the purpose
of Section 2203, be a discontinued use if not in operation within
one year of the date of issuance of the building permit.
SE;s,TSuri 220-5 -- UNOCCUPIED BUILLDIN(3
If a building is unoccupied on the effective date of this ordinance,
it shall be classified as a discontinued use and a nonconforming use
and can be reinstated or resumed under the provisions of Section 220-3
only if such use were the last use of record on the property.
SECTION 2206 - APPLICATION FOR REINSTATEMENT OR ENLARGMENT OF A
NON-CONFORMING USE
A request for reinstatement or enlargement of a non-conforming use may
be initiated by a property owner or his authorized agent by filing an
application with the City Recoxder. The application shall be accompanied
by a fee of $25,00.
35
. .
Cond. Uses - 230
CHAPTER 230 � CONDITIONAL USES
SECTION 230-1 - AUTHORIZATION TO GRANT OR DENY CONIDITIONAL USES
Following the procedures set forth in Section 250-1 to 250-4, uses
designated in this ordinance as "conditional uses permitted" may be
permitted or enlarged or altered upon authorization of the Planning
Commission. In permitting a conditional use the Planning Commission
may impose, in addition to the regulations and standards expressly
specified by this ordinance, other conditions found necessary to
protect the best interests of the surrounding property or neighborhood
or the city as a whole. The conditions may include requirements in-
creasing the required lot size or yard dimensions, controlling the
location and number of vehicular access points to the propexGy,
increasing street width, increasing the number of off-street parking
or loading spaces required, limiting the number of signs, limiting the
coverage of height of buildings because of obstruction to view or
reduction of light or air to adjacent property, requiring sight-
obscuring fencing and landscaping where necessary to reduce noise or
glare or maintain the property in a character in keeping with the
surrounding area, and requirements under which any future enlargement
or alteration of the use shall be reviewed by the Planning Commission
ag�n new conditions imposed. Change in use, expansion or contraction
of site area, or alteration of structures or uses classified as conditional
existing prior to the effective date of this ordinance, shall conform
to the regulations pertaining to conditional uses. If the site is
found inappropriate for the use requested, the Planning Commission may
deny approval of the conditional use.
SECTION 230-2 - APPLICATION FOR A CONDITIONAL USE
A request for a conditional use or modification of an existing conditional
use may be initiated by the property otirner or his authorized agent by
filing an application with the City Recorder. The applicant shall
submit a site plan, drawn to scale, showing the dimensions and arrange-
ment of the proposed development. The application shall be accompanied
by a fee of $25.00.
s
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36
r:
Variances - 240
CHAPTER 240 - VARIANCES
SECTION 240-1 - AUTHORIZATION TO GRANT OR DENY VARIANCES
.Following the procedures set forth in Section 250-1 to 250-4, the
Planning Commission may authorize variances from the requirements of
this ordinance where it can be shown that, owing to special and unusual
circumstances related to a specific piece of property, the literal
interpretation of this ordinance would cause an undue or unnecessary
hardship, except that no variance shall be granted to allow the use
of property for purposes not authorized within the zone in which the
proposed use would be located. In granting a variance the Planning
Commission may attach conditions which it finds necessary to protect
the best interests of the surrounding property or neighborhood and to
otherwise achieve the purposes of this ordinance.
SECTION 240-2 - CONDITIONS FOR GRANTING A VARIANCE
i
No variance shall be grantad by the Planning Commission unless it can r
be shown that all of the following conditions exist:
a. Exceptional or extraordinary conditions applying to the property
that do not apply generally to other properties in the same zone
or vicinity, which conditions are a result of lot size or shape,
topography, or other circumstances over which the applicant has
no control.
9
b. The variance is necessary for the preservation of a property right
of the applicant substantially the same as is possessed by owners
of other property in the same zone or vicinity. �
c. The authorization of the variance shall not be materially detri-
mental to the purposes of this ordinance, be injurious to property
in the zone or vicinity in which the property is located, or be
otherwise detrimental to the objectives of any city development
;plan or policy.
g
d. The variance requested is the minimum variance from the provisions
and standards of this ordinance which will alleviate the hardship.
SECTION 240-3 APPLICATION FOR A VARIANCE
s:
A request for a variance may be initiated by a property owner or his
authorizedagent by filing an application with the City Recorder upon
forms prescribed for the purpose. The application shall be accompanied
by a site plan, drawn to scale, showing the dimensions and arrangement
of the proposed development. The application shall be accompanied by
a feeof $25.00,
37
Procedure - 250
y. CHAPTER 250 - PROCEDURE FOR ALLOWING OR DISALLOWING VARIANCES, CONDITIONAL
USES AND REINSTATEMENT OR ENLARGEMENT OF NONCONFORMING USES
SECTION 250-1 - PUBLIC HEARING REQUIRED
Within 40 days after the filing of an application for a variance,
conditional use, reinstatement or enlargement of a nonconforming use,
the Planning Commission shall hold a public hearing thereon, before
rendering its decision. At least five days but not more than 20 days
prior to the date of hearing, the City Recorder shall give written
notice of the hearing by mail to all owners of property abutting or
directly across a street from the lot or parcel of land on which the
variance is requested, and shall notify owners of any other lot or
land parcel which he deems affected by the proposed variance, conditional
use, reinstatement or enlargement of a nonconforming use, using for
this purpose the names and addresses of owners as shown upon the
records of the County Assessor. Failure of a person to receive this
notice shall not invalidate any proceedings in connection with said
application.
SECTION 250-2 - RECESS OF HEARING BY PLANNING COMMISSION
The Planning Commission may recess a hearing on a request for a
variance, conditional use, reinstatement or enlargement of a nonconform•_.
ing use in order to obtain additional information or to serve further
notice upon other property owners or persons who it decides may be in-
terested in said request. upon recessing for this purpose, the Planning
vo nission shall announce the time and date when the hearing will be
resumed.
SECTION 250-3 - ACTION OF THE PLANNING COMMISSION
The Planning Commission may attach conditions to an authorized variance,
conditional use, reinstatement or enlargement of a, nonconforming use
which it feels are necessary to protect the public interest and carry
out the purpose of this ordinance. The City Recorder shall notify the
applicant in writing of the Planning Commission's action.
SECTION 250--4 APPEAL FROM DECISION OF PLANNING COMMISSION
r,
t
Any person aggrieved by a final determination of the Planning Commission
may appeal said determination to the City Council as provided in Section
270®2.
38 „
Amendments - 260
' CHAPTER 260 - AMENDMENTS TO THE ZONING ORDINANCE
SECTION 260-1 - AUTHORIZATION TO INITIATE AMENDMENTS
An amendment to the text or the zoning map of this ordinance may be
initiated by the City Council, by the Planning Commission, or by
application of the property owner cr his authorized agent. The Planning
Commission shall, within 40 days after a hearing, recommend to the
council approval, disapproval, or modification of the proposed amendment.
SECTION 260-2 —APPLICATION AND FEE
An application for amendment by a property owner or his authorized
agent shall be filed with the city Recorder. The application shall
be accompanied by a fee of $50.00.
SECTION 260-3 - PLANNING COMMISSION HEARING ON AN AMENDMENT
Before taping final action on a proposed amend,r:ent, the Planning
Commission shall hold a public hearing thereon. Notice of time and
place of the public hearing before the .Planning Commission and the
purpose of the proposed amendment shall be given by the City Recorder
in the following manner.
a. If an amendment to the zoning map including an area of less than
ten acres is proposed, the notice shall be by ;ailing written
notice not less than ten days prior to the date of hearing to
owners of property within lines parallel to and 300 feet from the
exterior boundaries of the property involved, using for this purpose
the names and addresses of the owners as shown upon the current
tax roll of the county assessor. .Failure to send notice to a
person specified in this section or failure of a person to receive
the notice shall not invalidate any proceedings in connection with
the proposed change.
b. If an amendment to the text of this ordinance or a change in zone
of an area of ten acres or more is proposed, the notice shall be
by two publications in a newspaper of general circulation in the
city once a week for two consecutive weeks prior to the hearing.
SECTION 260-4 - RECESS OF HEARING
The Planning Commission may recess a hearing in order to obtain additional
information or to serve further notice upon other property owners or o
persons it decides may be interested in the proposed amendment. Upon
recessing, for this purpose, the Planning Commission shall announce
the Vima and date when the hearisfg will be resumed, i
I
39
Amendments - 260
SECTION 260-5 - MODIFICATION OF A PROPOSED AMENDMENT
The boundaries or classification of a proposed amendment (zone change)
effecting the zoning map but not effecting the zoning text, may be
modified by the applicant or by the Planning Commission, provided that
said change in boundaries or classification effects no new areas not
previously described in the notice of Planning Commission Hearing, and
provided that said change in classification will not result in a more
intense land use than previously described in the notice of Planning
Commission Hearing.
SECTION 260-6 - CITY COUNCIL HEARING ON AN AMENDMENT
a. Following the prescribed hearing before the Planning- Commission,
a written report containing the find .ngs and recommendations of the
Planning Commission shall be forwarded to the City Council by the
City Recorder or Clerk.
b. tlpon receipt of the Planning Commission's recommendation, the City
Council shall set the time and place for a public hearing before
the City Council on the proposed amendment.
c. Notice for the Council Hearing shall be given in the manner pre-
scribed in ORS 227.260.
d. The City Council may recess a hearing in order to obtain additional
information or to serve further notice upon other property cwners
or persons it decides may be interested in the proposed amendment.
Upon recessing for this purpose, council shall announce the time
and date when the hearing will be resumed.
SECTION 260-7 .. APPROVAL OF AMENDMENIT TO ZONING MAP
In granting an amendment to the zoning map, upon application by a
property owner or his authorized agent the council may require the
dedication of additional street right-of-way where an officially
adopted street plan indicates need for increased width or where the
nature of the proposed development warrants increased street width,
and the council may require permanent landscape screening or other
devices to minimize conflict with residential land use. I
SECTION 260-5 - NOTIFICATION OF ACTION
The City, Recorder shall notify the applicant in writing of the city's
action within five days after the decision has been rendered.
,r
f
40
{ SECTION 260-9 - RECORD OF AMENDMENTS
The City Recorder shall maintain a record of amendments to the text
and map of this ordinance a.n a form convenient for the use of the
i
public, and in accordance with Section 100-5.
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ACIIiIJ.Il15Li"dt10;1 - 270
CHAPTER 270 - ADMINISTRATION, E,NYORCEMENT AND INTERPRETATION
SECTION 270-1 - ENFORCEMENT
The city building inspector shall have the power and duty to enforce
the provisions of this ordinance. An appeal from a ruling of the
recorder and building inspector shall be made to the city Planning
Commission.
SECTION 270-2 - APPEAL TO THE CITY COUNCIL
An action or ruling of the Planning Commission authorized by that-
ordinance may be appealed to the city council within 15 days after the
commission has rendered its decision by filing written notice with the
City Recorder. if no appeal is taken within the 15 day period, the
decision of the commission shall be final. If an appeal is filed, the
council shall receive a report and recommendation from the Planning
Commission and shall hold a public hearing on the appeal. Notice of
the public hearing shall be by one publication in a newspaper of general
circulation in the city not less than five days nor more than ten
days prior to the date of the hearing.
SECTION 270-3 - FORMS OF PETITIONS, APPLICATIONS, AND APPEALS
Petitions, applications, and appeals provided for in this ordinance
shall be made on forms provided for the purpose or as otherwise pre-
scribed by the Planning Commission in order to assure the fullest
practical presentation of pertinent facts and to maintain a permanent
record. Applications for a building permit shall be accompanied by
plans, in duplicate, drawn to scale, showing the actual shape and
dimensions of the lot to be built upon; the exact size and locations
on the lot of the buildingsand other structures, existing and proposed;
the existing and intended use of each building, structure or part
thereof; the number of families to be accommodated, if any; and such
other information as is needed to determine their conformance with the
provisions of this ordinance and of the building code
SECTION 270-4 - TEMPORARY PERMITS
The building official shall issue temporary permits for buildings to
be constructed and used for storage incidental to construction of
buildings on the property.
SECTION 270-5 - INTERPRETATION
The provisions of this ordinance shall be held to be the minimum re-
quirements fulfilling its objectives. Where the conditions imposed
by any provisions of this ordinance are less restrictive than comparable
42
I
i
Administration - 270
fi
conditions imposed by any other provisions of this ordinance or of
any other ordinance, resolution, or regulation, the provisions which
are more restrictive shall govern.
f
f
SECTION 270-6 - SEVERABILITY
The provisions of this ordinance are hereby declared to be severable.
If any section, sentence, clause, or phrase of this ordinance is adjudged
by a court of competent jurisdiction to be invalid, such decision shall
not affect the validity of the remaining portions of this ordinance.
f
SECTION 270--7 -- PENALTY
A person violating a provision of this ordinance shall, upon conviction
thereof, be punished by imprisonment for not to exceed 10 days or by a
fine not to exceed $100.00, or both. A person violating a provision
of this ordinance shall be deemed guilty of a separate offense for
each day during which the violation continues_
a
43
Definitions 280
CHAPTER 280 - DEFINITIONS
As used in this ordinance the masculine includes the feminine and
neuter and the singular includes the plural. The following words and
phrases, unless the context otherwise requires, shall mean%
1. Accessory_Structure_or Use. A structure or use incidental and
subordinate to the main use of the property, including a home
occupation, which is located on the same lot with the main use
and contributes to the comfort or convenience or persons occupying
the property, but not including the keeping of 1:..vestock other
than ordinary household pets.
2. Alley. A narrow street through or partially through a block
primarily for vehicular service access to the back or side of
properties otherwise abutting on another street.
3. Apartment House. See dwelling, multi-family.
4. Billboard. See sign.
5o Boarding, Lodging or Rooming House. A building where lodging with
or without meals is provided for compensation for not less than
three nor more than 15 guests.
6. Building. A structure built for the support, shelter or enclosure
of persons, animals, chattels or property of any kind but excluding
driveways, walks, and similar slab construction not exceeding the
surrounding ground level by six inches.
7. Cit . The City of Tigard, Oregon.
8. Commission. The City Planning Commission of Tigard.
9. Dwelling, Du lexE or Dwelling, Two-Family. A detached building
containing two dwelling units .
10. FDwellin_ e Multi-Family. A building containing three ormore
dwelling units
11. Dwelling, Sin le--Family A detached building containing one
dwelling unit.
12. Dwelling Unit. One or more rooms designed for occupancy by one
? family and not having more than one cooking facility, but excluding
a trailer coach except when located in a trailer park.
13. Ka�mijZ An individual, or two or more persons related by blood,
marriage, legal adoption., or guardianship living together in a
44
Definitions - 280
(� dwelling unit in which board and ledging may also be provided for
not more than three additional persons, excluding servants; or a
group of not more than five persons who need not be related by
blood, marriage, legal adoption, or guardianship living together
in a dwelling unit.
14„ fence, Sight Obscuri A fence or evergreen planting arranged it
such a way as to obstruct vision.
15. Floor area. The area included in surrounding walls of a building
or portion thereof, exclusive of vents shafts and courts..
16. Garages Private. An accessory building or portion of a main
building used for the parking or temporary storage of vehicles
owmed or used by occupants of the main building.
17. Garage, Public. A building other than a private garage used for
the care and repair of motor vehicles of where such vehicles are
parked or stored for compensation, hire or sale.
18. Garden Store. A retail store for the sale of garden supplies and
plants that are used in the care and development of residential
property.
19. Grade ground level) The average of the finished ground level
at the center of all walls of the building. In case a wall is
parallel to and within five feet of a sidewalk, the ground level
shall be measured at the sidewalk.
20. Height of Building. The vertical distance from the "grade" to
the 'highest point of the coping of a flat roof or to the deck
line of a mansard roof on to the point midway between the ridge
and the eaves of a pitch or hip roof,
21. Horse Occupation. A l wful activity commonly carried on within a
dwelling by members of the family occupying the dwelling with no
servant, employe or other person being engaged, provided thnato.
a. The residence character of the building is maintained.
b The activity occupies less than one-quarter of the ground
R floor area of the main building.
c. The activity is conducted in such a manner as not to give an
outward aT3nearance nor manifest any characteristic of a :usi-
..'` ness in the ordinary meaning of the term nor infringe upon the
45
Definitions - 280
right of neighboring residents to enjoy the peaceful occupancy
of their homes .
22. An establishment which provides sleeping and eating
facilities to persons receiving medical, obstetrical or surgical
care and nursing service on a continuous basis.
13. Hotel. A building in which lodging is provided for guests for
compensation and in which no provision is made for cooking in the
lodging rooms.
24. Kennel. A lot or building it -which four or more dogs or cats at
least four months of age are kept commercially for board, propagation
or sale,
25. Lot. A parcel or tract of land.
26. I;ot Area. The total horizontal area within the lot lines of a lot.
. 27. I,ot, Corner. A lot abutting on two intersecting streets other
than an alley.
28. I,ot bepth. The horizontal distance from the midpoint of the
front lot line to the midpoint of the rear lot line.
29. _Lot, Interior. A lot other than a corner lot.
30. Lot Line, The property lane bounding a lot.
31. Lot Line, rront. The lot lime or lines separating the lot from
any street or streets other than an alley.
32. let bine, Rear. A lot line which is opposite and most distant
from, the front lot line, and in the case of an irregular, triangular
or other shaped lot a line 10 feet in length within the lot parallel
to and at a maximum distance from the front lot line.
33. Lot Line, Side. Any lot line intersecting or connecting with front
or rear lot lines.
34. Lot Width. The horizontal distance between the side ic'. lines,
ordinarily measured parallel to the front lot line.
35. motel or Auto _Court. A building or group of buildings on the
same lot containing guest units with separate entrances from the
building exterior and consisting of individual sleeping quarters,
detached or in connected roars, with or without cooking facilities,
for rental to transients,
46
Definitions - 280
36. Nonconforming Structure or Use. A lawful existing structure or
use at the time this ordinance or any amendment thereto becomes
effective which does not conform to the requirements of the zone
in which it is located.
_ riot less than 20 feet long and 8.5
37. I�arking Space. A rectangle g
feet wide together with maneuvering and access space required for
a standard American automobile to park within the rectangle.
38. Person. Every natural person, firm, partnership, association or ,
corporation.
39. Siign. A presentation or representation, other than a house number,
by words, letters, figures, designs, pictures or colors publicly
displayed so as to give notice relative to a peg-son, a business,
an article or merchandise, a service,an assemblage, a solicitatioiz
or a request for aid, or other type of advertising. This includes
the surface upon which the presentation or representation is
displayed. Each display surface of a sign shall be considered
to be a sign. ,
• 40. Ston That portion of a building included between the upper �.
surface of any floor and the upper surface of the floor next
above, except that the top story shall be that portion of a building
included between the upper surface of the top floor and the
ceiling above. If the finished floor level directly above the
basement or cellar is more than six feet above grade, such basement
or cellar shall be considered a story.
the boundary lines of ever wa
41. Street. she entire width between n b rZr y y
Which provides for public use for the purpose of vehicular and
pedestrian traffic and the placement of utilities and including
the terms Beroad" , "highway", "lane", "place, ", "avenue" , "alley"
or other similar designations.
s>
42. _Structure. That which is built or constructed. An edifice or
building of any kind or any piece of work artificially built
up or composed of parts joined together in some definite manner
and which requires location on the ground or which is attached
to something having a location on the ground.
n:.
9:3. Structural Alteration. A change to the supporting, members of a
structure including foundations, bearing walls or partitions,
columns, beams, _girders or the roof.
44. Frailer Coach. A building or vehicle originally designed or
presently constructed tobeused as a huma=n dwa?ling or lodging
place and to be movable from plane to place over streets.
47
Definitions - 280 {
E
c
� a 45. Trailer Park. A plot of ground upon which one or more trailer
coaches occupied for dwelling or sleeping purposes are located,
regardless of whether a charge is made for such accomodation.
46. Use. The purpose for which land or a structure is designed,
arranged, or intended or for which it is occupied or maintained.
47. Vision Clearance Area. A triangular area on a lot at the inter-
section of two streets or a street and a railroad, two sides of
which are lot lines measured from the corner intersection of the
lot lines for a distance specified in these regulations. The
third side of the triangle is a line across the corner of the lot
joining the ends of the other two sides. Where the lot lines at
intersections have rounded corners, the lot lines will be extended
in a straight line to a point of intersection. The vision clearance
area contains no planting, walls, structures or temporary or
permanent obstructions exceeding 30 inches in height, except
occasional tree trunks or poles. The vision clearance area shall
be measured from the top of the curb or, if there is no curb,
from the centerline street grade and extend upward 10 feet.
. 48. Setback or Yard. An open space on a lot which is unobstructed
from the ground upward except as otherwise provided in this
ordinance: ;
49. Setback Front Yard, A setback or yard abutting any street other
than an�alley and measured horizontally at right angles to the
front lot line ,from the front lot line to the nearest point of
the building.
50, Sa_ k� Rear Yard. A setback or yard abutting the rear lot Tine
and measured horizontally at right angles to the rear lot line
from the rear lot; line to the nearest point of the main building
51. Setback Side Yard. A setback or yard between the front and year
yard measured horizontally and at right angles to the eide lot
line from the side lot line to the nearest point of the building.
52. x`ard.. See definition 39, Setback or Yard.
r. }
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48
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SECTION 29,0 .- REPEALER
Concurrently with the effective time and dateof this ordinance,
Ordinance No.63-6 enacted by theCity Council on May 13, 1963 and
Sections 5 and 6 of Ordinance No.63-8 enacted by the City Council on
June- 24, 1963, and all sections of any other ordinance heretofore
enacted by the Council ire conflict herewith, be, and the same are,
hereby repealed and shall have no- force or effect after the effect-
ive time and date of this ordinance.
Effective Date
This Ordinance shall become and be effective on and after the 31st
day from its passage by the Council and approval by the mayor.
PASSED: By the Council, by unanimous vote. of all Council members
present, after being read three tires by title and
number this 13th day of March, 1967.
O
+rAI eI,
Recorder. City of Tigard'
APPROVED: By the Mayor, this 13th day of March, 1967»
:
Mayor - City, 6f Bard
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