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Ordinance No. 85-07 CITY OF TIGARD, OREGON ORDINANCE NO. 85- 07 AN ORDINANCE AMENDING CHAPTER 18.144 AND SECTIONS 18,24.030, 18,56.050, 18,£2.030, 18,106.030, 18,106.050, 18,130.150 and 18,114.070 OF THE COMMUNITY x DEVELOPMENT CODE AND DECLARING AN EMERGENCY. (ZOA 1-85) t WHEREAS, the City of Tigard finds it necessary to revise its Community oevelopment code periodically to improve the operation and implementation of the Code; and WHEREAS, the Tigard City Council leas reviewed the Community Development Cade and has adopted the same; and WHEREAS, the City of Tigard Planning Commission held public hearings on the proposed changes on February 5, 1985; and WHEREAS, the City of Tigard Planning Commission held public hearings on the i proposed changes on February 5, 1985; and WHERFAS, the Tigard City Council held a public hearing on the proposed changes on February 25, 1985. THE CITY OF TIGARD ORDAINS AS FOLLOWS-. ;lection 1: The Community Development Cnde shall be amended as setfor•th in Exhibit "A" attached. Items to be added are underlined, items to be deleted are shown in [bracke_ts] - - Section 2: Chapter 18,144 .f the Community Development shall be amended as shown in Exhibit "6" attached. Section 3: In order that the Community Development Cade may improve the operation i,.nd implementation of the Code and to protect the public health, safety and welfare, an emergency is hereby declared to exist and this Ordinance shall become effective japan its passage by the Council and approval, by the Mayor. PASSED: By unanimous vote of all Council members present after being read by member and title only, this5t day of February 1985. y$ 1 !ler•�l Deputy City Recorder - City of Tigard APPROVED: This 25th day of _February- 1985. i'J a City of Tigard 1032POdmj ORDINANCE NO 85-- L�-� Page 1 4 EXHIBIT "A" i 18,24.03U Penalty. Any person violating a provision of this code shalt, upon conviction thereof, be punished [by a fine not to exceed one hundred dollars per clay per offense, or both.] in accordance with Title 7 of the Tigard tuniciale Code. A person violating a provision of this code is guilty of a separate offense for each day during which the vloiwtion continues, (Ord. 83-52 Exhibit A (part), 1983). i e 18,56.050 Dimensional requirements. Dimensional requirements in the [R•-20] R_-25 district are as follows: (E) For each multifamily unit, [one thousand eight hundred fifty square feet.] 1,480 s ug are feet. 18.56.060 Additional requirements. Additional requirements for the [R-20] R-25 district are as follows: c: 18,62.030 Permitted uses. Permitted uses in the C-G districts are as follows: (D) Automotive and equipment ( i) Cleaning, ( ii) Repairs, Tight equipment[;.{, iii SaleslRentals, light equipment [(R) General retail sales;] LRI Religious Assembly; 1i;.10V.030 (4) Multiple-dwelling (See Section 18,1.06.020 G.)_ (8) Religious assembly 1 space for every 6 fixed seats or every 12 feet of bench length in the assembly area or every 100 square feet of [gross] floor [area] space in the assembly area where there are no permanent seats. [whichever is greater] (E) Sales/rental—Farm 1 space per 1000 square feet of gross equipment floor area., but not less than [10] 4 spaces for each establishment (F) Sales/rental--Heavy i space per 1€101: square feet of gross equipment floor area, but not less than [10] 4 spaces for each establishment (r:) Saha jrenta?.--Ei ht ! space per 1000 square feet of gross equipment floor area, but not Tess than [10] a spaces for each establishment 1032P ORDINANCE NO. Page 2- t iy i- 18.106.030 [(2) Warehousing 1 space per employee of the largest shift] Wholesaling, storage and distribution s t: i` 18.106.050 Parking dimension standards. `s (b) Table df Standards. Minimum standards for a standard parking stall length and width, aisle width and maneuvering space shall be determined from he following table[:] Dimensions far desiSnated compact spaces are noted in parenthesis: (1) Angle (A) Overall gth [8] from stall [C] Channel [A] Aisle [8] Curb Len ; curb Widt1i Width Width per Stall Parallel [9'] [9' 0"] I21 0" [231 0"] (2) Angle (1) Overall from stall [C] Channel [A] Aisle [D] Curb length [8] 14 curb Width Width Width per Stall a 9 1.6' 10" 12 Opo 18' oil (8�1/2'.) L14. IO" ) 141 Olt 450 pp / G q a fY 10 a_i 1Vi 1zi HT1 ©° its 6Oa 3' ) 17i JIL m!i Oli d L 9O ORDINANCE No, 55-- 0? Page 3 18.106.050 [3) A d. tingle Parking. dingle parking is permitted; provided, that each space contains a rectangle of not less than nine feet in width and [nineteen] eighteen feet in length or 8_ 1/2 feet in width and 15 feet in length for. co act_spacess, and an-appropriate aisle width as determined u of the table in subsection (b) of this section. 18.130,150 (17) [(s ) Site Design Review. In accordance with Chapter 18.120.3 (18) (F) Screening [and Site Design Reviews]. In accordance with Chapters] 18.100. [and 18.120.3 (1g) (F) Screening [and Site Design Review]. In accordance with Chapter[s] 18.100. [ate! 18.120.1 (F) Screening [and Site Design Reviews]. In accordance with '. .. Chapter[s] 18.100. [and 18.120. (2Z) [(E) Site Design Review. In accordance with Chapter 18.1.20.3 [(F) Site Design Review. in accordance with Chapter 18.120.] 18,114,070 'Certain signs prohii,ited. 1'e�t sins with illumination or changeab -J�,�si-%n— raot gr�nmanentl2 erected oraffixed an sign structure, 3i�3 Y tower or bu.ildinq. which is an electrical or internally illu Linated si r,,,,m�r a sign 'Pwith changealoAs x_11_ characteristics 09DINAWCE me. Page 4 EXHIBIT !!B" 19.144 ACCESSORY STRUCTURES 13.144.010 __Purpose The purpose of this Chapter is to: (1) Establish criteria for regulating the type, size and location of accessory structures io residential zoning districts; (2) Allow the property to be more useful :chile not altering the residential character of the principal structures; and (3) Allow for accessory structures within commercial and industrial zoning districts. 19.144.020 Definition Accessory structure means a subordinate structure located on the lot, the use of which is clearly incidental to and associated with the principal structure. there an accessory structure is attached to the principal structure, in a substantial manner, as by a roof, such accessory structure shall be considered as a part of the principal structure. Examples of accessory structures are barns, garages, carports, playhouses, sheds, kennels for domestic animals, private greenhouses, gazebos, storage buildings, boat houses and docks, wind generating devices, swimming pool pump houses, and radio and television receiving antenna towers and dishe, . 18.144.030 Anclicability of Provision (a) The review by the planning Director of accessory structures shall be required RASPRt for the following situations. (1) Buildings or structures within residential zoning districts which are less than 120 square feet in gross: floor area and less than 10 feet in height; measured from base t^ highest point of the structure. (2) Accessory buildings within commercial and industrial zoning. districts provided the setback requirements of the underlying zone are met. If the structure represents an expansion of the existing primary use by 50 percent or more, it must be reviewed as a Site Development Review as outlined in Chapter- 18.120 of this Code. (N) Fences and walls within all zoning districts. Fences and walls shall be consi,.tent with Section 19.100.040 of this Code. ,•_ (b) All of the provisions and real�l jdzf ..tions of the nr'„'-� e .v e! LA 64/iiC j apply unless modified by this Chapter. ._ 1 _ 18.144.040 Administration and Approval Process (a) The applicant for an accessory structure proposal shall be the recorded owner of the property or an agent authr~rized in writing by the owner. (b) A Pre--Application Confe: ance with City staff is required. See suctiVn 13.32.10-wrv. (c) Due to possible changes in State statutes, or regional or local policy, information given by staff to the applicant during the Pre—Application Conference is valid for no more than 6 months. 1. Another Pre—Application Conference is required if any accessory structure application is submitted 6 months after the Pre-,-Application Conference. 2. Failure of the Director to provide any of the information required by this Chapter shall not cov--ititute a waiver of the standards, criteria or requirements of the applications. (d) The Director shall approve, approve with conditions or decoy any application for an accessory structure. The Director shall apply the standards set forth in Section 19.144.070 of this Code when reviewing an application. (e) The decision of the Director may be appealed in accordance with Section 18.32,310(a). 1. The applicant may request a hearing before the Commission if the action of the Director is to deny or to approve with conditions. 2. Any persons or group of persons whose interests are adversely affected by this action may appeal the decision to the Commission if the action of the Director's decision is to approve or approve with conditions the application. (f) The Director shall mail notice of any accessory structure decision as provided by section 18.32.120. 18.144.050 Exiration of Approval - Standards for Extension of Time (a) The accessory structure approval by the Director shall lapsa if: (1) Substantial construction of the approved accessory structure plan has not begun within a one year period; or (2) Construction on the site is a departure from the approved plan. (b) The Director shall, upon written request by the applicant and payment of the required fee, grant an extension of the approval period not to exceed 6 117Vrithis Provi'LAr_t, t.9e _ 2 — (1) No changes are made on the original accessory structure plan as approved by the Director; t (2) The applicant can show intent of initiating construction of the site within the 6 month extension pev-Li d; and (3) There have been no changes in the facts or applicable policies and ordinance Provisions on which tho .approval was based. 18.144,060 Modification of Approved Plans (a) An applicant may request approval of a mod'if'ication to an approved plan by: (1) Providing the director with two (2) copies of the proposed modified .accessory structure plan; and (2) A narrative which indicates the rationale for the proposed modification addressing the changes listed in subsection (b) of this section. (b) The director shall grant the modification provided that the following criteria are met: (1) The floor area of the accessory building has not been increased by more than 10 percent. �t (2) The structure design and location conforms with the requirements of this chapter. 18.144.070 Approval Criteria (a) Accessory structures or buildings shall comply with all requirements for the principal structure, except where specifically modified by this Chanter. (b) If ars application proposed for an accessory structure meets the following criteria, the Director shall approve the application proposal. (1) for parcels within a residential zone that are less than 2,5 acres in size, any accessory building within a residential zone shall have no more than 500 square feet of gross floor area. (2) For parcels within a residential zone that are 2.5 acres in size or larger, any accessory building shall `have no more than 1,000 square feet of gross floor area. (3) In no case shall the accessory building(s) and principal structure exceed the maximum lot coverage allowed by the base zone (4) No accessory building or structure shall be allowed in any required front yard r 3 (5) Except as provided in Section 18.144.070 (b)(6) below, accessory structures in residential zones shall maintain a ' rear and side yard setback of 5 feet. Accessory structures within commercial and industrial zones shall comply with the setback requirements of the applicable zone. (6) All freestanding and detached towers, antennas, wind generating devices and T'V receiving dishes shall have setbacks equal to or greater than the height of the proposed structure. Suitable protective anti-climb fencing and a landscape planting screen, in accordance with Chapter 18.100 (LANDSCAPING AND SCREENING), shall be provided and maintained around these structures and accessory attachments. (7) The applicant shall present documentation of the possession of any required license by any federal, state, or local agency. ' (8) Any accessory building or structure attached to the principal building or structure must comply with all setbacks of the zoning district. (Attached means wall-to-wall or any permanent roof attachment such as breezeways); (9) No accessory building or structure shall encroach upon or interfere with t1re use of any adjoining property or public right-of-way including but riot limited to streets, alleys, and public or private easements; (10) An accessory structure shall not exceed an average height of 10 feet, but at no point shall exceed 12 feet in height, (As defined in Section 18.26.030.) except a TV receiving dish which- mag- rxst.:exceed, 12 feet in- height (See Chapter 18.98 BUILDING HEIGHT LIMITATION, EXCEPTIONS). I (11) TV receiving dishes may be erected upon the roof of a i structure only within a commercial or industrial zone. (12) All accessory structures shall be built in accordance with the Uniform Building Code. (b) Accessory structures which are nonconforming are subject to the requirements of Chapter 18.182 (NONCONFORMING SITUATIONS), where an alteration, extension, or reconstruction is requested. ,c) In instances where an alteration, extension, or reconstruction is requested, the: applicant shall apply for an accessory structure in accordance with Section 18.144.040. (0) A conflict of interpretation concerning whether a. structure is an accessory structure shall be resolved in accordance with the i; provisions or Section 18.32.090 ur chis vvae. 4 15,144.080 Application Submission Requirements �1 (a) All applications shall be made on forms provided by the Director at shall bz arcomranied by: (1) Three copies for review by the Director of site plan(s) and necessary data or narrative which explains how the accessory structure proposal conforms to the standards: (A) Sheet size fc+r an accessory structure site plan(s) and required drawings shall be drawn on sheets not exceeding 18" x 24"; and (B) The scale of the site plan shall be 20, 50, 100 or 200 feet to the inch. (C) All drawings of structure elevations shall be a X standard architectural scale, being 1/4" or 1/8". (2) A list cf the names and addresses of all who mre property owners of record within 100 feet of the site. (3) One copy of a current assessor's map. (4) The required fee. (b) The proposed accessory structure site plan shall include the fallowing information: (1) The location of all existing and proposed structures on the site and directly abutting the site and their orientation. (2) The locations of existing and proposed utility lines and easements. (3) The location, of any streets abutting the site. (4) The location of any accesstaay to the proposed structure. (5) The size (square footage) of the accessory structure. (6) A copy of any existing or proposed restrictions or covenants. (c) The proposed accessory Structure architectural plans shall include the following information; r (1) At bast two elevations of the proposed structure; and (2) f a building permit is required, all structural drawings and data required by the Uniform BuildingCode. (KS;dj/0898F)