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Ordinance No. 85-32 CITY OF TIGARD, OREGON ORDINANCE NO, 85--34:;Z AN ORDINANCE AMENDING SECTIONS 18,1.36.02.0, 18.32.090, 18.142, 18.64, 18,114, 18.106, 18.99, 18.136, 18.44,050, 18.46.050, 18.48,050, 18.50,050, 18.52,050, 18.54.050, 18.56,050, 18,58,050, 18.60,050, 18.62,050, 18.64.050, 18.66,050, 18.68,050, 18.70.050, and 18.72,050 OF THE COMMUNITY DEVELOPMENT CODE AND DECLARING AN EMERGENCY. (ZOA 4--85) WHEREAS, the City of Tigard finds it necessary to revise its Community Development Code periodically to improve the operation and implementation of the Code; and WHEREAS, the Tigard City Council has 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 August 6, 1985; and WHEREAS, the Tigard City Council held a public hearing on the proposed changes on September 9, 1985. THE CITY OF TIGARD ORDAINS AS FOLLOWS: SECTION 1: Section 18.136.020 (d) (1) and (e) of the Community Development Code shall be repealed and a new Section 18,136.020(e) shall be adopted as shown in Exhibit "A". The existing Sections 1.8.136.020(f) and (g) shall become Sections 18,136.020(e) and (f). SECTION 2: Sections 18.02.090 (c) and (d) of the Community Development Code shad be amended as shown in Exhibit "A" E SECTION 3: Chapter 18.142 of the Communit; Development Cade shall be amended by adopting Section 18.142.035 as shown in Exhibit SECTION 4: Section 18.64.030(2) of the Community Development Cade shall be repealed and a new Section 18.64.030(2) shall be adopted as shown in Exhibit "C" SECTION 5: Section 18.64.040(4) Participation sports and recreation shall be repealed. SECTION 6: Sections 18.114.130(b), (c), (d), (e), and (f) shall be amended by adopting a new subsection as shown in Exhibit "D" r ORDINANCE NO. 85--3 Page 1 Y i` SECTION 7: Section 10.114.130(b) shall be amended as shown in Exhibit SECTION 8: Section 18.106.050(i) shall be repealed and a new Section 18.106.050(i) shall be adopted as shown in Exhibit "F" SECTION 9: Section 18,106.050(7) (4) shall be adopted as shown in Exhibit "E". SECTION 10: Sections 18.44.050(3), 18.46.050(3), 18,4$.050(3), 18.50,050(3), 18.52.050(3), 18.54.050(3), 18,56.050(3), 18.58.050(3), 18,60.050(:,x), 18.67..050(3), 18.64.050(3), 18.66.050(3), 18.68.050(3), 18.70.050(3), and 18.72.050(3) shall be amended as shown in Exhibit "F" SECTION 11: In order that the Community Development wade may improve the operation and 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 upon its passage by the Council and approval by the Mayor, PASSED: By (J/ in vote of all Council members present after being read by number and title only, this _ ► c� day of 1385. Deputy City Recarder — City of Tigard APPROVED. This day of _= 1585. or Ci of Tigard ORDINANCE NO. 85— Page 5-Pace EXHIBIT "A" { Section 18,136.020(e) shall read as follows: (e) Within 45 days after the closing of the application submittal period, the ':ouncil shall hold a public hearing in accordance with the procedures of 1.8.32 and shall make a recommendation to the Portland Area Boundary Commission for approval, approval with modifications or denial of the annexation based on the standards in 18.32.030. At the same hearing, the Council shall assign the development or established area classification as provided by Chapter 18. 138, the zoning designation as provided in Chapter 18.32. and, if necessary, the Council shall assign the Comprehensive Plan designation. Section 18.32.090(x` (14) shall be repealed. Section 18.32.090(d) (5) shall be amended to add the language underlined below: - (5) Resolutions to the Boundary Commission for annexation and quasi-Audicial zoning designations on property to be annexed. E 1 { ORDINANCE NO. 85— Page EXHIBIT "H" °e Section 18.142.035 shall read as follows: I 18.142.035 Permit Renewal — A Plicabil_ ity (a) Home occupation permits issued under the provisions of this .y Code shall expire after one year and an application for renewal of the permit shall be filed with the City to E continue lawful operation of the home occupation business, The permit renewal application shall be approved or denied in accordance with the provisions set forth in Section 18.142,040 of this Lode, (b) Horne occupation permits which received approval prior to November 1983 but may be nonconforming as defined in Section 18.132.090(d) (1) shall be renewed annually. The permit renewal application shall be approved or, denied in accordance with the provisions set forth in Section 18.142.040 of this Mode. (c) Home occupation businesses which existed without a valid Home Occupation permit prior to November 1983 shall apply for a Home Occupation permit under the provisions of Chapter 18.142. The original permit shall be valid for one year and shall be renewed annually under the provisions of Section 18.142.040, ORDIMANCE No. 85- Page A MW EXHIBIT "C" Section 18.64.030(2) shall read as follows: (2) Commercial Use Types (A) Animal sales and services (i) Grooming (ii) Veterinary: small animals (8) Building maintenance services (C) Business equipment sales and services (0) Business support services (E) Communication services (F) Day Care Facilities (G) Financial, insurance and real estate services (FI) Medical and dental services (I) Participation sports and recreation: (i} Indoor 0utdoor — (not to exceed 10% of the total square footage within the office complex) (J) Personal service facilities (K) Professional and administrative services (L) Research services The following uses, separately or in combination, shall not exceed a total of 20% of the entire square footage within f.. the development complex: (i) Convenience sales and personal services (ii) Eating and drinking establishments (iii) Retail sales, general ORDINANCE NO. 85-- `, Page 5 i EXHIBIT "D" The following subsection shall be added to Section 18.114.130: Directional or instructional signs on private property when such signs are solely designed to identify driveway entrances and exits for matorists on adjoining public streets. One sign with an area of four (4) square feet per face shall be permitted per driveway. Said signs shall be consistent with Chapter 18.1.02 (Visual Clearance Areas). This subsection shall be added to Section 18.11.4.130 as follows: Multifamily Residential. Zones (b) (6) and change the existing subsection (b) (6) to (b) (7) Commercial Zones (CED/CG) (c) (3) and change the existing subsection (bv) (3) to (b) ('4) Commercial Professional tone (d) (7) and change the existing subsection (b) (7) -to (b) (8) Neighborhood Commercial Zone (e) (4) and change the existing subsection (b) (4) to (b) (5) g Industrial Zones (I--R/:1:-L/I-H) (f) (3) and change the existing subsection (b) (3) to (b) (4) Section 18.114.1.30 (b) shall be corrected (Delete items in brackets () and add s underlined items as follows: 1 MultiFamily Residential Zones. No sign shall be permitted in an 3 R-12, (R-2O) R-25, or (l;--2Oj R-40 zone except for the following, t s ORDINANCE NO, 85-" Page EXHIBIT "E" Section 18.106.050(i) shall read a3 fo'llou+s: (i) Parking Space, Parkina_an_ d Loading Area Surface Requirements All areas used for the parking, storage, or maneuvering of any vehicle, boat, or trailer shall be improved with asphalt or concrete surfaces according to the same standards required for the construction and acceptance of City streets exce for the fallowing: (1) Off—street parking spaces for single and two—family residences shall be improved with an asphalt or concrete surface to specifications as approved by the Public Works Director. Se:tian !4.106-050(i) (4) shall read as follows: (4) Access drives for single and two - y, d--nc shall be improved with an asphalt or concrete surface to specifications approved by the City Engineer. All other access drives shall. be improved with an asphalt or concrete surface-. -to the same standards ,,equired for the construction and acceptance of City streets. r, ( r, iA ORDINANCE 140, 95' Page 3� EXHIBIT "F" `~ Sections 18.44.050(3), 18.46,05Ot3), 133.48.050(3), 18.50.050(3), 18.52,050(3), 1a.54.050(3), 18,56.050(3), 18.58.050(3), 18.60.050(3), 3.8.62.050(3), 18.64.050(3), 18.66.050(3), 18.68.050(3), 18.70.050(3), and 18.72.050(3) shall be amended as follows (delete items in brackets [] and add underlined items): (3) �xce ,t as otherwi� �ravided in Chapter18.46 ADDITIONAL YARD SETBACK 8�E„QUIREIMENTS AND _EXCEPTIONS) and Section 18.100.130 (duffer Matrix __ [The" the minimum setback requirements are as follows: i ORDINANCE W. . 8y- Page 9