Ordinance No. 12-08 CITY OF TIGARD, OREGON
TIGARD CITY COUNCIL
ORDINANCE NO. 12-190
AN ORDINANCE AMENDING THE TIGARD COMMUNITY DEVELOPMENT CODE CHAPTER
18.730, TO ALLOW IN THE R-12 ZONE, BAY WINDOWS AND PROJECTIONS WITH FLOOR
AREA TO EXTEND INTO REQUIRED YARDS WITH CERTAIN LIMITATIONS (DCA2012-00001).
WHEREAS, the city received application for the proposed code amendment to amend the text of the
Exceptions to Development Standards Chapter (18.730) of the City of Tigard Community
Development Code to allow in the R-12 zone,bay windows and projections with floor area to extend into
required yards with certain limitations; and
WHEREAS, the purpose of Chapter 18.730 is to present exceptions to the height and setback
standards which apply in various zoning districts as detailed in Chapters 18.510, 18.520 and 18.530,
where flexible and/or more stringent setback standards are designed to allow for the maximum use of
land and to allow for a varied building layout pattern while ensuring there will be adequate open space,
light, air and distance between buildings to protect public health and safety;and
WHEREAS, notice was provided to the Department of Land Conservation and Development at least
35 days prior to the first evidentiary public hearing;and
WHEREAS, notice of the public hearings was published in the Tigard Times Newspaper at least 10
business days prior to the public hearings;and
WHEREAS, the Tigard Planning Commission held a public hearing on October 15, 2012 and
recommended with a unanimous vote that Council approve the proposed code amendment, as
amended; and
WHEREAS, the Tigard City Council held a public hearing on November 27, 2012, to consider the
proposed amendment;and
WHEREAS, the Tigard City Council has considered applicable Statewide Planning Goals and
Guidelines adopted under Oregon Revised Statutes Chapter 197; any federal or state statutes or
regulations found applicable; any applicable Metro regulations; any applicable Comprehensive Plan
Policies; and any applicable provisions of the City's implementing ordinances;and
WHEREAS, the City Council has found the following to be the applicable review criteria: Community
Development Code Chapters 18.380, 18.390, 18.510, and 18.730; Comprehensive Plan Goals 1, Public
Involvement;Goal 2, Land Use Planning; Goal 9,Economic Development; Goal 10,Housing; and Statewide
Planning Goals 1,2,9 and 10;and
WHEREAS, the Tigard City Council has determined that the proposed development code amendment
is consistent with the applicable review criteria, and unanimously approves the request as being in the
best interest of the City of Tigard.
ORDINANCE No. 12-
Page 1
NOW,THEREFORE,THE CITY OF TIGARD ORDAINS AS FOLLOWS:
SECTION 1: The specific text amendment attached as "EXHIBIT All to this Ordinance is
hereby approved and adopted by the City Council.
SECTION 2: The findings in the October 4, 2012 Staff Report to the Planning Commission and
the Minutes of the October 15, 2012 Planning Commission hearing are hereby
adopted in explanation of the Council's decision.
SECTION 3: This ordinance shall be effective 30 days after its passage by the Council, signature
by the Mayor,and posting by the City Recorder.
PASSED: By U a aa:,M DIAS vote of all Coun ' members present after being read by
number and title only,this�"�day of ,2012.
Catherine Wheatley,City Recorder
APPROVED: By Tigard City Council this a� -Tay o.ar,
2.
g Dirksen,Mayor
Approved as to form:
ity Atto y
Date
ORDINANCE No. 12- �Q
Page 2
Cyh-fb4 A
Ord, /Q - 02
DCA2012-00001
PROJECTIONS INTO REQUIRED YARDS
DEVELOPMENT CODE AMENDMENT
Explanation of Formatting
These text amendments employ the following formatting:
Str4lcetIffeugh - Text to be deleted
1Bold, Underline and Italic] — Text to be added
Chapter 18.730
EXCEPTIONS TO DEVELOPMENT STANDARDS
18.730.050 Miscellaneous Requirements and Exceptions
D.Projections into required yards.
1. Cornices,eaves,belt courses,sills,canopies or similar architectural features may extend or project into
a required yard not more than 36 inches provided the width of such yard is not reduced to less than three
feet.
2. Fireplace chimneys may project into a required front, side or rear yard not more than three feet
provided the width of such yard is not reduced to less than three feet.
3. Open porches, decks or balconies not more than 36 inches in height and not covered by a roof or
canopy,may extend or project into a required rear or side yard provided such natural yard area is not
reduced to less than three feet and the deck is screened from abutting properties.Porches may extend into
a required front yard not more than 36 inches.
4.Unroofed landings and stairs may project into required front or rear yards only.
5. In the R-12 Zone, bay windows and projections with floor area may project into required interior
side and street side yards by one foot provided they do not. a)exceed 12 feet in length, b)contain over
30% of the dwelling unit side elevation square footage, and c)the width of the interior side yard is not
reduced to less than 3 feet.