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Ordinance No. 72-70 CITY OiF TIGARD, Oru:GON Oi�DIIdA4Ch Ido,72- Vic' AN ORDINANCE A14ENDI14G TI`.z'Lr lu - 7014ING - OF THE `I'IGARD ;dUNIC- IPAL CODE ADOPTED 013 OC !OD EIi 9, 1972, ESTABLISHING INDOOR, OUTDOOR. AiID OTh.,,'R AS CO jDITIONAL USTi,S IN General Commercial Zone C-3; DESIGNATING ALL ACTIVITILS OF RESTRICTIQ PATRONAGE, ATTE I YNC 1i ieD iikli RSiiIP AS CO dDTTIOi!.^.L U,?:S 1i1 general Co!nmercial gone C-3;DESIC- NATING STATIONERY AND BOOKS`_`.'ORES OPEN 'i0 PERSONS OF ALL—ATWAS PER-- IITTLD USE IN Neighborhood Commercial Zone C-4 and Limited Neighbor- hood Commercial Zone C-;: ?AESCRIBING FOR CONDITIONAL USE RENZIIAL APPLICATIOi;; FI:_1is iI''$!EJTIV: DATE AND DECLARING AN EMERGENCY. THE CITY OF `!'IGARD ORDAIaS AS FOLLOWS: Section. 1: That subsection (15) (Eotion picture theater - not drive--in) -` of Section 18.28.010 _. Permitted Uses - of Chapter 18.28 General Commercial Zone (C-3) of Title 38 - ZONING - of the Tigard •iunicipal Code, be, and the same is, hereby deleted. Section 2: That Section 18.28.020 - Conditional Uses - of Chapter 18.28 General Cor,snerciai Zone (C-3) of Title 13 - ZONING - of the Tigard Runicipal Code, be, and the same is, hereby amended to road as follows: "10,28.020 Conditional use:. In the C-3 zone the following uses and tieir accessory uses are permitted as conditional uses when in accordance with Chapters 18.72 and 18.84: (1) Any conditional use :�s permitted in a C-1i zone (2) Amusement enterprise, including billiard or pool- ha11, bowling alley, boxing arena, dance lull, public swimriins pools (3) Auditorium, exhibition hall or other public assombly (4) Automobile and trailer sales area (}} Automobile parts, accessory sales (6) Automobile repairs, painting and upholstery P (7) Catering; establishment (8) Churches and accessory uses (9) Cleaning estab ishment (10) Colleges (11) Community buildings (public) services directly (12) drive-inbusiness offering Foods and to customers waiting in parked motor vehicles (13) Indoor, outdoor and other theaters (14) feed store (15) Governmental structures or land uses not including schools (16) Hospitals, convalescent, general, home for the aged (17) Hotel (residential) (16) Libraries (19) Lodges, fraternal organizations (20 Lumber yard (21) Museums (22) Parks and playgrounds (public) (23) Pet shop (24) Plumbing, electrical or general contractor and shop (25) Printing shop and newspaper publishing (26) Private club (27) Radio or T.V. service (28) Secondhand store Page 1 - ORDINANCE No.72-2 (29) Taverns, cocktail lounges, bars, clubs and any other activity whose patronage, membership or attendance is restricted as to age, age group, or other specific lim3_tation, (30) Tire shop and retreading (31) Veteri.narian's office or animal hospital (32) Any business, service, processing, storage or dis- play essential or incidental to any permitted use in the C-3 zone and not conducted entirely within an enclosed building. (Ord. 70-32 §140-2, 1970). Section 3: That Section 13.32,010 - Permitted. Uses-of Chapter 18.32, Neighborhood Commercial "one C-4 of Title 1S - ZONING - of the Tigard iqunicipal Code, be, and the same is hereby, amended to read as follows: '18,32.010 Permitted uses. No building structures or land shall oe used and no building or structure shall be hereafter erected, enlarged or altered in the C-4 none except for the following uses: (1) Bakery, provided any manufacture of goods is limited to goods retailed on the premises only (2) Barbershop (3) Beauty parlor (4) Collection station for dry cleaning or laundry (5) Delicatessen store (6) Doctor or dentist (7) Drug store or pharmacy including incidental fountain service but not including any other use unless specifically permitted under this chapter (8) Florist or flower shop (9) Gift shop (10) Grocery store (11) Laundromat (12) Meat market (13) Shoe repair (14) Stationery and bookstores open to persons of all ages"without patronage restrictions (15) Tailor shop, dress shop, clothing store. Other sim- ilar service or retail use, if approved by the planning com- mission and subject to the same conditions. (Ord. 70-32 §150-1, 1970). o Section 44: That Section '18.36.010- Permitted uses - of Chapter 18,30 Limited Neighborhood Commercial Zone C-5 of Title 28 - ZONING - of the Tigard Municipal Code, be, and the same is hereby, amended to read as follows: "18.36.010 Permitted uses. No building structures or land sa be used and,no ',eilding or structure sha7.1 be here- after erected, enlarged or altered in the C-5 zone except for the following uses, and provided that any ore devel- opment in any one area shall not exceed taro acres in size (unless specifically approved by the planning and zoning commission), and that the nucleus of such a nei,hborliood development shall contain a minimum of four of the fol- lowing separate uses: Page 2 ORDINANCE No.72i ZD— a�� i (1) Bakery, provided any manufuctu •e of goofs is l.im•_ iced to goods retailed on the premises only (_) Barbershop (3) Beauty parlor (4) Collection station fn, dry cleaning; or laundry (5) Delicatessen store (b) Doctor, dentist, !a,,-;ye-r, architect or insurance Office (7) Dru store or pharmacy including -Incidental foun- tain service but not including; any ogler use unless specifically permitted under this chapter (8) Florist or flower shop (9) Gift shop (10) Grocery store (11) Laundromat (12) !,!(,at a.arket (13) Shoe repair (111) Stationery and bookstores ope:z to persons of all ages without patronage restrictions (15) 'Tailor shoo, dress chop, cloth:ing store; other similar service or retail use, if approved by the plannin commission and subject to the same conditions. (0rd.70-32 §�57 19'(0) Section 5: That Section 18.92.060 - Fees - of Chapter 15.92, Admin- istration, of ^itle 18 70'1IivG _ of the Tigard iiunicipal Code, be, and the same is hereby, amended to read as follovrs: 1118.92.060 Fees. For the purpose of partially defraying the exoeisesarisin;j from or incident to Investigation, ` evaluation and processing of applications and petitions, and the costs of public notices and hearings incident hereto, the following fees are prescribed and required to be ^)aid to the city at the time of filing of zzriplicable petitions and applications, as the case may be: (1) Application for zone change, one hundred fifty `. dollars t (2) Application for planned residential (conditional use) development, two hundred fifty dollars (3) Application for planned 3evelcpmert district., two hundred fifty dollars (14) Application for other conditional uses, one hundred dollars (5) Application for home occupation use, twenty- five dollars (6) Application for nonconforming use, reinstatement or enlargement of nonconforming use, one hundred dollars E (7) Application for variance, fifty dollars f (8) Application for renewal of Previously authorized 70-32 conditional use twenty-five dollars. 1). 1970, Ord.71-4 �5, 1971, Ord. 71-35 §11, 197 " a, � section-6: Inasmuch as it is necessary for tYie peace health and safety of the people of the City of Tigard that the Tigard 'Municipal Code currently and effectively reflect all legis- lative changes in the planning, zoning and land use sphere, thereby to protect the integrity thereof, an errer5ency is hereby declared to i Page 3 ORDI14ANCE No.72 70 exist, and this ordinance shall be effective upon its passage by the Council and approval of the Mayor. L: PASSED: By unanimous vote of all Council members present after beim read three times by number and title only this llth day of December, 1972 erorder -City of7Tigard APPROVED: By the Mayor, this 11th day of December, 1972. J� 4ay9 - City of Tigard Page 4 - ORD114ANCE No.72-7 RR,