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Ordinance No. 18-28 CITY OF TIGARD, OREGON TIGARD CITY COUNCIL ORDINANCE NO. 18- .2 1 AN ORDINANCE AMENDING THE COMMUNITY DEVELOPMENT CODE AND ZONING MAP OF THE CITY OF TIGARD, FOR THE PURPOSE OF ADOPTING THE SECOND PART OF THE PHASE II CODE AMENDMENT PROJECT TO OVERHAUL THE CITY'S LAND USE PROCEDURES; CONSOLIDATE AND UPDATE SIZE AND BUILDING DESIGN STANDARDS FOR APARTMENT'S, SINGT.F DETACHED HOUSES, AND DEVELOPMENT IN COMMERCIAL AND INDUSTRIAL ZONES; AND CONSOLIDA 1'E AND UPDATE STANDARDS FOR LANDSCAPING AND SCREENING. (LAND USE FILE NOS.DCA2018-00004 AND ZON2018-00005) WHEREAS, the proposed text and map amendments are part of a multi-year code modernization project to improve the Tigard Community Development Code (TCDC) so that it is more effective, efficient,understandable, fair, and predictably flexible; and WHEREAS, Phase I of this project was completed in 2017 (DCA2017-00003), and the first part of Phase II was completed in 2018 (DCA2018-00003); and WHEREAS, notice was provided to the Department of Land Conservation and Development and Metro at least 35 days prior to the first evidentiary public hearing; and WHEREAS, notice was provided to the public in conformance with TCDC Chapter 18.710.110 and ORS 227.186;and WHEREAS, the Tigard Planning Commission held a public hearing on November 5, 2018 and recommended approval of the proposed amendments by a 6 to 1 vote;and WHEREAS, the Tigard City Council held a public hearing on December 11, 2018 to consider the proposed amendments;and WHEREAS, the Tigard City Council considered applicable review criteria and provisions found in the Tigard Community Development Code, Tigard Comprehensive Plan, Metro Urban Growth Management Functional Plan,and Statewide Planning Goals;and WHEREAS, the Tigard City Council determined that the proposed amendments are consistent with all applicable review criteria and provisions. NOW,THEREFORE,THE CITY OF TIGARD ORDAINS AS FOLLOWS: SECTION 1: The amendments to the Tigard Community Development Code that are attached as Exhibit A ate hereby adopted. ORDINANCE No. 18- t5 Page 1 SECTION 2: The amendments to the Tigard Zoning Map that are attached as Exhibit B are hereby adopted. SECTION 3: The findings and conclusions that are attached as Exhibit C are hereby adopted as the basis in support of this Ordinance. SECTION 4: This Ordinance shall be effective on January 31,2019. PASSED: By 2 &f mwiz- vote of all Council members present after being read by number and title only, this //-j`day of / 1 -P/l_2018. Carol Krager,City Recorder APPROVED: By Tigard City Council this / / day of 40-�CCI?�! i t ,2018. ' LI /i J oh . Cook,Mayor Approved as to form: City Attorney 19\ifii 13 Date ORDINANCE No. 18- 2. g Page 2 EXHIBIT A Adopted Code Amendment Chapter 18.20 ADMINISTRATION AND ENFORCEMENT Sections: 18.20.010 Compliance 18.20.020 Land Use Applications and Development Permits 18.20.030 Violations 18.20.040 Timeliness of Regulations 18.20.010 Compliance A. Compliance. Uses, developments, and construction, reconstruction, alteration, occupation, and use of structures must conform to the provisions of this title. Any officials, departments, and or employees of the city vested with authority to grant approvals must adhere to and require complianceconformancc with this title;and may not grant approval for any development or use that violates or fails to comply with this title. Any approval issued or granted in conflict with the provisions of this title is void. B. Obligation by successor.The regulations of this title apply to the person undertaking the development or the use of the development and to the person's successor in interest. C. Most restrictive regulations apply. Where this title imposes greater restrictions than those imposed or required by other regulations,the most restrictive or that imposing the higher standard governs. When regulations in this title are in conflict,the most restrictive regulation governs unless stated otherwise. D. Required improvements. A lot area, yard, setback, open space, or off-street-parking or loading area required by this title for a development may not be used to meet the requirements for another development,except as specifically provided otherwise. (Ord. 17-22 §2) 18.20.020 Land Use Applications and Development Permits A. Land use applications. An applicant who proposes a use or development that is governed by this title must obtain approval of all required land use applications prior to establishment or construction. New development, changes to existing development, and changes in the type or number of uses may require a land use approval. B. Development permits. An applicant who proposes a use or development governed by this title must obtain approval of all required development permits prior to establishment or construction. New development, changes to existing development, and changes in the type or number of uses may require a permit. C. Certificate of occupancy.A structure or use may not be used or occupied for the purposes provided in the development permit until the city has issued a certificate of occupancy. Prior to the final completion of all work, a certificate of occupancy may be issued for a portion of the structure conditioned upon further work being completed by a date certain. (Ord. 17-22 §2) 18.20.030 Violations A. Violations. It is unlawful to violate any provisions of this title, including but not limited to provisions relating to a land use approval or conditions of land use approval. Erection, construction, alteration, 18.20 Administration and Enforcement Page 1 of 4 EXHIBIT A Adopted Code Amendment maintenance, or use of any building or structure in violation of this title; or use, division, or transfer of any land in violation of this title is prohibited. Each violation of a separate provision of this title constitutes a separate infraction, and each day that a violation of this title is committed or continues constitutes a separate infraction. B. Responsible party. The responsible party is the person responsible for curing or remedying a violation,which includes: 1. The owner of the property, or the owner's manager or agent or other person in control of the property on behalf of the owner; 2. The person occupying the property, including bailee, lessee, tenant, or other person having possession;or 3. The person who is alleged to have committed the acts or omissions, created or allowed the condition to exist,or placed the object or allowed the object to exist on the property. C. Enforcement. In any case where a violation of this title occurs, such violation constitutes a nuisance and a Class I Civil Infraction as provided in Title 6 of the Tigard Municipal Code. The city may remedy the violation by any appropriate means necessary as allowed by the municipal code and available to the city.(Ord. 17-22 §2) 18.20.040 Timeliness of Regulations A. Vesting. Land use applications are processed based on the regulations in effect on the date an application is submitted to the city as provided in ORS 227.178. If a land use application is approved, development rights are vested when the land use approval is utilized as described in Subsection 18.20.040.G. Vested development rights do not expire unless new land use approvals are obtained and utilized that supersede any preexisting vested rights. B. Modifications. Modifications to pending land use applications that have been deemed complete are processed based on the regulations in effect on the date the original when the first complete application was submitted unless the modifications see d substantially changes the proposal so as to constitute a new application, as provided as described in Chapter 18.710, Land Use Review Procedures. C. Use of new regulations or mapping. Land use applications will not be accepted for development proposals based on proposed amendments to regulations or the zoning map that have not been adopted, or have been adopted but are not yet in effect.Pre-application conferences may be requested and held to discuss implications of proposed amendments. D. Pre-existing approvals. Land use applications for which approvals were granted prior to the effective date of the ordinances codified in this title may occur in compliance with such approvals. E. Conditions of approval. Conditions of land use approval ' :: -: _ . . . - . :: . : remain valid even if the regulations requiring the conditions have been are subsequently modified. Conditions of approval may be amended or removed through the following actions: 1. Upon-appeal-Appeal of the original application;of 18.20 Administration and Enforcement Page 2 of 4 EXHIBIT A Adopted Code Amendment 2. As-Submittal of a new land use application that supersedes the original application;, processed through the same procedures as was used to impose the conditions; er 3. Submittal of a new land use application that modifies the original application or condition of approval through the process provided by Chapter 18.765,Modifications;or 43. Submittal of a new land use application that modifies an original condition of approval through the process provided by Chapter 18.730, Director Determinations. The director will approve a modification through this process when one or more of the following criteria are met:Through a Type I review, only if the condition of approval: a. Violates The condition of approval violates a mandatory federal or state law or regulation;s, or b. As a result of an amendment to this title, The condition of approval imposes an objective limitation that is no longer required by this title or is more restrictive than required by this title as a result of an amendment to this title. F. Transfer of approval rights. Approvals of ministerial and quasi-judicial land use applications run with the land and are transferred with ownership. Any conditions, time limits, or restrictions apply to all subsequent owners.(Ord. 17-22 §2) G. Expiration of approvals. 1. Approvals granted pursuant to this chapter expire and are void unless utilized as described below within the applicable time periods. a. For an approval requiring any kind of development permit,the development must: u Submit and pay for all applicable development permits, excluding trade permits, within 3 years of the effective date of a conditional use, planned development (detailed plan), planned development (consolidated plan), or site development review approval, or within 2 years of the effective date of all other approvals;and ii. Pass final inspection or obtain a permanent certificate of occupancy within 5 years of the effective date of a conditional use, planned development (detailed plan), planned development(consolidated plan), or site development review approval, or within 4 years of the effective date of all other approvals. b. For an approval not requiring any kind of development permit, such as a planned development (concept plan), the development must utilize its approval within 2 years of the effective date of the approval. 2. Approvals expire and are void as specified above unless one of the following applies: a. An extension application is submitted as provided by Chapter 18.745, Extensions. If the extension application is denied, the approval expires on the effective date of the extension decision. b. The expiration date for an approval is specified in another chapter of this title. 3. The following approvals are exempt from expiration: 18.20 Administration and Enforcement Page 3 of 4 EXHIBIT A Adopted Code Amendment a. Adequate Public Facilities Exceptions, b. Annexations, e. Comprehensive Plan Amendments, d. Development Code Amendments, e. Director Determinations, f Historic Overlay Zone Designations, g. Nonconforming Use Determinations, and h. Zoning Map Amendments. 18.20 Administration and Enforcement Page 4 of 4 EXHIBIT A Adopted Code Amendment Chapter 18.120 COMMERCIAL ZONES Sections: 18.120.010 Purpose 18.120.020 List of Base Zones 18.120.030 Land Use Standards 18.120.040 Land Use Restrictions 18.120.040050 Housing Types !.! ! . . . . 1 1 1 .. 1 , 1 . \ . . . • . . . • . . • • . .• • •. . 18.120.010 Purpose The purpose of this chapter is to implement the goals and policies of the comprehensive plan related to land use planning and economic development by: A. Ensuring that a full range of goods and services are available throughout the city so that residents can fulfill all or most of their needs within easy driving distance and, ideally, within easy walking and biking distance of their homes; B. Ensuring that a full range of economic activities and job opportunities are available throughout the city;and C. Minimizing the potential adverse impacts of commercial uses on residential uses by carefully locating and selecting the types of uses allowed in each commercial zone. A. P pose. One of the major purposes of the regulations governing development in commercial zones is to ensure that a full range of retail and office uses arc available throughout the city so that residents can fulfill all or most of their needs within easy driving and, id ally within easy walking or biking distance of their homes. The location of land within ach commercial district will be carefully commercial activity on established residential areas. At the same time, it is important to create more opportunities for mixed use development, including residential, commercial1 and institutional activities,in new and re developing commercial areas. B. Facilitate economic goals. Another purpose of these regulations is to ensure that there is a full range goals of the City of Tigard Comprehensive Plan. (Ord. 17 22 §2) 18.120.020 List of Base Zones A. C-N: neighborhood commercial zone. The C-N zone is designed to provide convenience goods and services within a small cluster of stores adjacent to residential neighborhoods. Convenience goods and services are those that are purchased frequently, meaning at least weekly; for which comparison buying is not required; and that can be sustained in a limited trade area. Such uses include convenience markets, personal services, and repair shops. A limited number of other uses, including but not limited to restaurants, gas stations, medical centers, religious institutions, transit related park- and-ride lots, and facilities uses with drive-through serviceswindows, are allowed conditionally. 18.120 Commercial Zones Page 1 of 16 EXHIBIT A Adopted Code Amendment B. C-C: community commercial zone. The C-C zone is designed to provide convenience shopping facilities that meet the regular needs of nearby residential neighborhoods. With a service area of about 1.5 miles, such commercial centers typically range in size from 30,000-100,000 square feet on sites ranging from 2 to 8 acres. Separated from other commercially-zoned areas by at least 0.5 miles, community commercial centers are intended to serve several residential neighborhoods, ideally at the intersection of two or more collector streets or at the intersection of an arterial and collector street. A limited number of other uses, including but not limited to car washes, gas stations, medical centers, religious institutionsranE1 transit related park-and-ride lots, and uses with drive-through services, are allowed conditionally. C. C-G: general commercial zone. The C-G zone is designed to accommodate a full range of retail, office, and civic uses with a citywide and even regional trade area. Except where nonconforming, residential uses are limited to mixed-use developments. A wide range of uses, including but not limited to adult entertainment, automotive equipment repair and storage, mini-warehouses, utilities, heliports, medical centers, major event entertainment, and gasoline stations, are allowed conditionally. D. C-P: professional/administrative commercial zone. The C-P zone is designed to accommodate civic and professional services and compatible support services, for example convenience retail, personal services, and restaurants, in close proximity to residential areas and major transportation facilities. Heliports, medical centers, religious institutions, and utilities are allowed conditionally. Developments in the C-P zone are intended to serve as a buffer between residential areas and more intensive commercial and industrial areas. E. MU-CBD: mixed-use central business zone. The MU-CBD zone is designed to provide a pedestrian- friendly urban village in downtown Tigard.A wide variety of commercial,civic,employment,mixed- use, apartments, and rowhouses are allowed. In addition to the standards of this chapter, development within this zone is subject to the standards of Chapter 18.650.,Tigard Downtown Plan District. F. MUE: mixed-use employment zone. The MUE zone is designed to accommodate a wide range of uses including major retail goods and services, business/professional offices, civic uses, and apartments. G. MUE-1 and MUE-2: mixed-use employment 1 and 2 zone. The MUE-1 and 2 zones are designed to apply to areas where employment uses such as office, research and development and light manufacturing are concentrated. Commercial and retail support uses are allowed but are limited, and residential uses are allowed that are compatible with the employment character of the area. Lincoln Center is an example of an area designated MUE-1, a high-density mixed-use employment zone. The Nimbus area is an example of an area designated MUE-2, requiring more moderate densities. I+ Chapter 18.670,Washington Square Regional Center Plan District. H. MUC: mixed-use commercial zone. The MUC zone includes land around the Washington Square Mall and land immediately west of Highway 217. Primary uses allowed include office buildings, retail,and service uses.Also allowed are mixed-use developments and housing at densities of 50 units per acre. Larger buildings are encouraged in this area with parking under, behind, or to the sides of buildings. In addition to the standards of this chapter, development within this zone is subject to the standards of Chapter 18.670, Washington Square Regional Center Plan District. I. MUC-1: mixed-use commercial 1 zone. The MUC-1 zone, which is designed to apply to that portion of Bridgeport Village (formerly known as the Durham Quarry site) within the City of Tigard, is a 18.120 Commercial Zones Page 2 of 16 EXHIBIT A Adopted Code Amendment mixed-use commercial zone bounded by 72°d Avenue, Findlay Street, and the Tigard, Tualatin and Durham city limits. This site is the subject of an intergovernmental agreement between the cities of Tigard and Tualatin. Pursuant to that agreement the City of Tualatin will furnish all planning, building, and associated development review and permit services for the sitepreperty. This zone is intended to mirror the City of Tualatin's Mixed Use Commercial Overlay District in Tualatin Development Code, Chapter 57. It permits a wide range of uses including commercial lodging, general retail, offices, and housing. Additional uses, including but not limited to major event entertainment and motor vehicle retail fuel sales, are allowed conditionally. In addition to the Bridgeport Village Plan District. J. MUR-1 and MUR-2: mixed-use residential 1 and 2 zone. The MUR-I and MUR-2 zones are designed to apply to predominantly residential areas where mixed-uses are allowed when compatible with the residential use. A high-density (MUR-1) and moderate-density (MUR-2) designation is available within the MUR zone. . ... •• . .. . . . - .. •-• ' .•• -- - .•- . - - ! - -- - .• . K. TMU: triangle mixed-use zone. The TMU zone applies to most land within the Tigard Triangle, a regional Town Center bounded by Pacific Highway,Highway 217,and Interstate 5. The TMU zone is intended to be an active, urban, multimodal, and mixed-use district that accommodates a variety of housing options and uses, promotes pedestrian-oriented development, and limits new auto-oriented development. Development in this zone is subject to the uses, standards, and procedures in Chapter 18.660,Tigard Triangle Plan District.(Ord. 17-22 §2) 18.120.030 Land Use Standards A. General provisionsProvisions. A list of allowed, restricted, conditional, and prohibited uses in commercial zones is provided in Table 18.120.1, except for uses in the TMU zone, which are provided in Chapter 18.660, Tigard Triangle Plan District. If a use category is not listed, see section Section 18.60.030. 1. Allowed(A). Uses that are allowed,subject to all of the applicable provisions of this title. 2. Restricted (R). Uses that are allowed provided they are in compliance with special requirements, exceptions, or restrictions. 3. Conditional(C). Uses that require the approval of the hearings officer using discretionary criteria. The approval process and criteria are provided in Chapter 18.740,Conditional Uses. 4. Prohibited(P).Uses that are not allowed under any circumstance. B. Use restrictions.All allowed, restricted, and conditional uses in the C-N and C-C zones are subject to additional land use restrictions in Section 18.120.040. C. Development standards. The standards for residential development in commercial zones are located in the applicable housing type chapter in 18.200 Residential Development Standards. The standards for nonresidential development in commercial zones—including mixed-use development with or without a residential component—are located in Chapter 18.320, Commercial Zone Development Standards,and the applicable plan district chapter,if any. 18.120 Commercial Zones Page 3 of 16 EXHIBIT A Adopted Code Amendment Table 18.120.1 Commercial Zone Zones Use StandardsTatde C-N C-C MU' MUE MUE MUR Use Categories C-G C-P CBD MUC-1 _MUC 111 111 111 Ll RI 1 and 2 l and 2 Residential Use Cgigories Group Living R 131 RLI RLj P A A A A A A P {-2} f21 Household Living R 131 RV/ R P A A A A A A P {2] {2,3} [3,41 11Prtional Use Cate Basic Utilities Lij A/C A/C A/C A/C A/C A/C A/C A/C A/C A/C {44 f4 {4} [4} {44 Colleges P P P P A C C C C C Community Services PA A P P A C P A C C Cultural Institutions A A A A A A A A A P Day Care A A A A A A A A A A/C [5}(.6_1 Emergency Services A A A A A A A A A P Medical Centers C P C C C C C C C C C Postal Service A A A A A A A A A P Religious Institutions C j_41 C L1 A A A A A A A C Schools P P P P A C C C C C Social/Fraternal C[A1 C L_1 A A A A A A A C Clubs/Lodges Transitional Housing P P C P C P C C C C se Categories Adult Entertainment P P C P P P P C P P Animal-Related P P P P P A A P P P Commercial I Bulk Sales P P A P R-EC} A R{7-} R f84 R f84 P A/P az 21 /L La Commercial Lodging P P A R[9) A A A A A N A Custom Arts and Crafts P P P P R P P P P P RJ101 R1101 [10] Eating and Drinking G A A A R [11] A A A A A R Establishments [12 14] Indoor Entertainment A A A A A A A A A P Major Event P P C P C P C C P P Entertainment Motor Vehicle P P A/C P R[6] P P R{15] R{151 P Sales/Rental [14} A/P 1141 WI [131 Motor Vehicle P C A/C P C R{-,14 R f-7 P P P Servicing/Repair/151 C 1161 [16] [14} LI/ Lqj Non-Accessory Parking C C A A A A A A A P Office A Ri17] A A A A A A A R 18.120 Commercial Zones Page 4 of 16 EXHIBIT A Adopted Code Amendment A [123] Outdoor Entertainment P P A R[ C P P C P P A Outdoor Sales P P A P P P P P P P Personal Services A A A A A A R[71 A R{8} R [12 -3] Repair-Oriented Retail A A A A A A R{7} R{8} R{8} P bIL 121 121 Sales-Oriented Retail A R[l8] A R A/R A/R R[7] A R[81 R A [111-9] {29} [ [ Lu [12T1-31 /171 Self-Service Storage P P C P R-[€} P P P P P A/P La Vehicle Fuel Sales C C C P P C C C P A/P LL tn, , e Categoriese_V=711- General Industrial P P P P P P P P P P Heavy Industrial P P P P P P P P P P Industrial Services P P P P P P P P P P Light Industrial P P P P P R[21} P P R{21} P /151 Railroad Yards P P P P P P P P P P Research and P P P P C R{151 R [151 P R{21} P Development /141 /141 /151 Warehouse/Freight P P P P P R{15} P P R P Movement [141 [15,21} /14,151 Waste-Related P P P P P P P P P P Wholesale and P P P P P P P P R P Equipment Rental {15,21} [14,151 Other U e Categories Agriculture/Horticulture P P P P P P P P P P Cemeteries P P P P P P P P P P Detention Facilities P P C P C P P P P P Heliports P P C C P P P P P P Mining A A A A A A A A A A Transportation/Utility A A A A A A A A A A Corridors Wireless A/R A/R A/R A/R A/R A/R A/R A/R A/R A/R Communication Facilities{22][191 A=Allowed R=Restricted C=Conditional Use P=Prohibited [I] All allowed,restricted, and conditional uses subject to special limitations. See 18.120.050. [11 See Section 18.120.040 for additional land use restrictions. 18.120 Commercial Zones Page 5 of 16 EXHIBIT A Adopted Code Amendment /21 Uses with drive-through services that were lawfully in existence prior to the adoption of the MU- CBD zone are allowed.All new uses with drive-through services are prohibited. QL{2]Residential units allowed as a mixed use development in conjunction with a commercial development, on or above the second floor of the structure. Residential uses are allowed on or above the second floor of a mixed-use development where the ground floor contains an allowed commercial use. LIMA single detached house providing that is allowed where it is located on the same site with an allowed or conditional use and is occupied exclusively by a caretaker or superintendent of the allowed or conditional use. LL{4-}- . . - , . , . . . -- . . _ _.•_ • . . . - . • • . - allowed. Above-ground public and private utility facilities proposed with development and underground public and private utility facilities are allowed. Standalone above-ground public and private utility facilities not proposed with development are allowed conditionally. mit-54 In home Family day care that meets all state requirements is allowed_;; Other day care uses centers that meet all state requirements are allowed conditionally. La[6}Prohibited, except that uses that were lawfully in existence (as allowed, conditional, or planned development) prior to the adoption of the MU CBD zone are allowed. Uses that were lawfully in existence prior to the adoption of the MU-CBD zone are allowed.All new uses are prohibited. business. The maximum allowed gross floor area is 60,000 square feet per building or tenant. /{&}New retail and sales uses may not exceed 60,000 gross 1 usable ar a per building within the Washington Square Regional Center. The maximum allowed gross floor area is 60,000 square feet per use for uses proposed after the adoption of the MUC,MUE-1,and MUE-2 zones. [9] Eating and Drinking Establishments allowed ' • - •• ' - •- • • • : -• -- same lot as a Commercial Lodging use. [10] Custom Arts and Crafts uses may not exceed 500 square feet of production area. The maximum area allowed for production is 500 square feet per building or tenant. [11] - . _ . - - .. . . - , . . .. - . . . . . •. _. - Oriented Retail and Eating and Drinking Establishments may not exceed more than 20 percent of the entire square footage within the development complex. The maximum allowed combined area of sales-oriented retail and eating and drinking establishments is 20 percent of the gross floor area of the other uses allowed by right on the premises. Uses must be within a mixed-use development. Uses may occupy a maximum of Commercial uses • .. • . • • 50 percent of the total gross floor area within the mixed-use development and is allowed only when minimum residential densities are met. Properties that were zoned commercial prior to March 28, 2002 are exempt from this requirement..- These properties, or lots created from these properties, may develop as a single-use commercial development. The exempted properties are identified as assessor map number The tax assessor map numbers for exempt properties are as follows: 1 S 135AA-00400, I S 135AA-01400, 1 S l 35AA-01900, l S 135AA- 01901, 1 S 135DA-02000, 1 S 135AA-02500, 1 S 135AA-02600, 1 S 135AA-02700. 1 S 135 DA-01900, and 1 S 1 DA-02000. These lots, or lots created from these lots, after the effective date of this MUR 2 zones. [13] The maximum building footprint size allowed for • . . .. •. -• ' - • - . ••• • use or uses is 7,500 square feet. An exception to the limit on the size of a building occupied by 18.120 Commercial Zones Page 6 of 16 EXHIBIT A Adopted Code Amendment commercial uses is pfevieled for properties zoned c:•• • •: . - ••• . • : • assessor map number: 1S135AA 00400, 1S135AA 01400, 1S135AA 01900, 1S135AA 01901, 1 S 135DA 02000, 1S135AA 02500, 1S135AA 02600, 1S135AA 02700, 1 S 135DA 01900, and IS IDA 02000. On these lots, or lots created from these lots, after the effective date of this dimensional standards of the MUR 1 and MUR 2 zones apply that may limit the ultimate size of commercial development. 1131 . . - , .•: -.' - - : _• .. - ' . :; . -. . heavy vehicles and farm equipment or storage of recreational vehicles and boats allowed conditionally.Sales or rental of heavy vehicles or farm equipment is allowed conditionally. f14415]Allowed as accessory to an allowed use as long as this use is contained within the same building as the allowed use,and does not exceed the floor ar a of the allowed use, or as otherwise allowed in • _.-. ' , . . . : •- ..- - -.- !.e t. . Uses allowed only as accessory uses to allowed uses where contained in the same structure and less than the gross floor area of the allowed use, except for motor vehicle sales and rental which is allowed as a primary use in specific locations as provided in Subsection 18.670.020.E f15421]All use activities associated with this use, except employee and customer parking, must be contained inside a structure except for employee and customer parking within buildings. [1 6] Limited to Only motor vehicle cleaning is allowed only. {17] When combined in single structure, ach separate establishment may not exceed 5,000 gross square feet. [18] Limited to 10,000 gross square feet in size, exeept retail food and beverage outlets, which are limited to 40,000 gross square feet or less. [19] Must not exceed 10 percent of the total square footage within an office complex. 117/{20]New Sales Oriented Retail uses must not exceed 60,000 square feet of gross leasable area per • . ... . - •- •• •• -. . (See Map 18.650.A) The maximum allowed gross floor area is 60,000 square feet per building or tenant in all MU-CBD subareas except the 99W-Hall subarea as shown on Map 18.650.A. 1181 The maximum allowed gross floor area is 30,000 square feet per building or tenant where the site is more than 3 acres in size. One additional square foot of floor area is allowed for each 4 square feet of floor area occupied or designed for an allowed use other than a sales-oriented retail use. [19422]See Chapter 18.450, Wireless Communication Facilities, for requirements a description of allowed and restricted facilities. 18.120 Commercial Zones Page 7 of 16 EXHIBIT A Adopted Code Amendment 18.120.040 Land Use Restrictions The following restrictions apply to all uses in the C-N and C-C zones: A. Uses must be contained inside a structure except for the following accessory uses: 1. Parking and loading areas; 2. Day care outdoor play areas; 3. Dining or drinking areas where associated with an allowed eating and drinking establishment or sales-oriented retail use;or 4. Sale, display, or storage of horticultural and food merchandise where limited to a maximum area of 5 percent of the gross floor area of the primary use. B. Uses with drive-through services or operating before 6 a.m. or after 11 p.m. are allowed conditionally. C. Each use is allowed a maximum gross floor area of 5,000 square feet per building or tenant except for the following uses: 1. Sales-oriented retail uses primarily involved in the sale of food and beverages are allowed a maximum gross floor area of 40,000 square feet per building or tenant; and 2. All other sales-oriented retail uses are allowed a maximum gross floor area of 10,000 square feet per building or tenant. 18.120.440050 Housing Types A. A housing type is not a use category. It describes a type of development that can contain a household living or group living use. B. A list of allowed, limited, and prohibited housing types in commercial zones is provided in Table 18.120.2. Commercial zones that do not allow any residential uses or allow them only in a mixed-use development are not included in the table.Terms and abbreviations used are defined as follows: 1. Yes, allowed(Y). Housing types that are allowed. 2. Limited(L). Housing types that require a conditional use approval or are allowed subject to specific limitations. 3. No, prohibited(N). Housing types that are not allowed under any circumstance. C. Housing types that are allowed or allowed on a limited basis are subject to the standards and provisions of the applicable development standards chapter or applicable plan district chapter, if any. The applicable development standards chapter for each housing type is indicated in parentheses in the first column of Table 18.120.2. D. All allowed housing types may be built on site or brought to the site as a manufactured home. Tiny houses are prohibited in all zones. 18.120 Commercial Zones Page 8 of 16 EXHIBIT A Adopted Code Amendment Table 18.120.2 Commercial Zone Housing Types UE UR Housing Types C-G CBD MUE MUC-1 MUC 1 and 2 land 2 Detadiapwellings Accessory Dwelling Units N N N Y L[1] L[1] L[1] (18.220) Cottage Clusters(18.240) N N N N N N Y Mobile Home Parks(18.260) N laF N Y L[3] L[3] L[3] LL,j[2] Single Detached Houses(18.290) L[4] N L[5] Y L[3] L[3] L[3] Attached Dwellii Accessory Dwelling Units N N N Y L[1] L[l] L[1] (18.220) Apartments(18.230) L[6]N Y Y Y Y Y Y Courtyard Units(18.250) N N N N N N Y Quads(18.270) N N N N N N Y Rowhouses(18.280) N Y L[5] Y L[3] L[3] Y Y=Yes,allowed L=Limited N=No,prohibited [11 Allowed only on the same lot as pre existing single detached houses.Accessory dwelling units are only allowed on sites with pre-existing single detached houses. [2] Prohibited, with the exception of mobile home parks that wefe lawfully in existence (as allowed, conditional, or planned development) prior to the adoption of the MU CBD zone. Mobile home parks that were lawfully in existence prior to the adoption of the MU-CBD zone are allowed.All new mobile home parks are prohibited. [3] Only pre existing development is allowed. Conversion of pre existing housing units to other uses i& subject to the requirements of Chapter 18.670, Washington Square Regional Center Plan District. Mobile home parks, single detached houses, and rowhouses that were lawfully in existence prior to the adoption of the Washington Square Regional Center Plan District are allowed. Conversion of pre-existing mobile home parks, single detached houses, or rowhouses to other housing types or uses is subject to the requirements of Chapter 18.670, Washington Square Regional Center Plan District. [4] A single detached house is allowed where it is located on the same site with an allowed or conditional use and is occupied exclusively by a caretaker or superintendent of the allowed or conditional use. [5] e . - - _ _, ... • . - •- - - .. - . •: - houses is prohibited. Pre-existing single detached houses and rowhouses are allowed. All new single detached houses and rowhouses are prohibited. • .. . . . . I - - .. -- , .• - ._. . • -- Tigard Triangle Plan District, where they are allowed. (Ord. 17 22 §2) 1 1 1 . . . . . A. Development standards in commercial zones arc provided in Table 18.120.3,except for standards in the MUC 1 zone,which arc provided in Chapter 18.620,Bridgeport Village Plan District,standard& in the MU CBD zone,which are provided in Chapter 18.650,Tigard Downtown Plan District,and 18.120 Commercial Zones Page 9 of 16 EXHIBIT A Adopted Code Amendment standards in the TMU zone,which arc provided in Chapter 18.660,Tigard Triangle Plan District. B. Development standards in commercial zones for all housing types other than mixed use development with a residential component are provided in the associated Residential Development Standards chapter for each housing type. Table 18.120.3 MUE Mme- Mme- MUR- C C Staallar-E1 C N [21 C P 4 2 4- 2 [3} [3} EE} { } Minimum Lot 5,000 sq 5,000 6-000 Si-ze ft sq ft Nenesq-ft Alen None Alen Nen Nene None Minimum Lot SO-ft 50-ft SO€t 5 Nene None Nene None None Width Minimum C etback Front 0-E44 O ft 0-ft 0-ft O ft 8 ft 0 ft 0 ft 44�€t [51 [64 f [61 Val Street side 20- Nene Nen None None 0-ft 0 ft 0-ft 5 ft -1-0-ft f6 f6 [6] f6- f6 Side 0 0 0 0 0 0-ft O ft 0-ft 0 ft O ft P4 PI P-1 [71 [7] Rear 0 8 0 0 0 Oft Oft Oft 04477 0-ft-E-77 P4 Pi fes} gi Side or rear yard abutting more 2-0-ft 20-ft 20-ft 20-ft 2-0-ft None Nene Nonc None None restrictive Lone Minimum Nene None None Nene None 2 2 None Nene 14-eight ' stories stories stories Building 3-5-€t 3-5-ft 45-ft 45-€t 45-ft 200 ft 200 ft 60 ft 75 ft 46-€t Meigl}t Maximum Lot 8.5% go% 85% 85% 8644 go% go% Coverage Minimum randseane 15% 20% 4-S% 6% 4 15% 4_5% 15 20% 20% Minim-um Nene FAR[9 10} Nen None None None [ 1.25 1.25 0:6 0,6 04 e e e -- . e:e [3] See Chapter 18.670, Washington Square Regional Center Plan District fer additional-development standards and design guidelines. [4] A 20 foot front setback is required within 50 feet of a residential zone. 18.120 Commercial Zones Page 10 of 16 EXHIBIT A Adopted Code Amendment /10 zones. [8] The maximum setback is 10 feet. calculations of floor area ratio(FAR)to determine conformance with minimum FAR. provided in Section 18/10.020. [11] See Subsection 18.120.050.0 for maximum FAR requirements. 112] Minimum and maximum density does not apply to mixed use development. [131 Residential units allowed only as a mixed use development in conjunction with a commercial development, on or above the second floor of the structure, at densities not to exceed 12 units per net acre. (Ord. 17 22 §2) ! .. A. In the C N zone. Special limitations in the C N zone are as follows: sales, display, or storage is allowed for horticult . . __. -• - _ . constitute 5 percent or less of the floor area of the associated primary use; 2. The maximum floor area is 4,000 square feet; only and are limited to a maximum area equal to 5 percent of the floor ar a of any individual establishment;and 4. Uses operating before 7 a.m. or after 10 p.m. arc conditiona . - , .. - •- _ • • Chapter 18.740, Conditional Use. B. In the C C zone. Special limitations in the C C zone are as follows: 1. Such centers must be developed preferably as a single unit and occupy only one quadrant of the intersection at which it is located; children's day care facilities, and as allowed in Paragraphs 18.120.050.B.3 and 4; food and beverages, when the maximum floor ar a shall not exceed 40,000 gross square feet, and all other sales oriented retail, where the maximum floor ar a shall not exceed I0,000-gross square feet; 18.120 Commercial Zones Page 11 of 16 EXHIBIT A Adopted Code Amendment uses only and are limited to constitute no more than 5 percent of the gross building floor area of any individual establishment; 5. Accessory open air dining or drinking ar as arc allowed for approved eating and drinking establishments or retail food stores only. Outside dining areas are prohibited within 200 feet of any developed residential ar a. Public or private sidewalk ar as around dining areas may not be 6. Uses operating before 6 a.m. or after 11 p.m. -. . ' . ' ' .. .. 18.740,Conditional Use. C. In the MUE zone. Special limitations in the MUE zone are as follows: 1. The maximum floor ar a ratio(FAR)for all commercial and industrial use types and mixed use developments must not exceed 0.40. Residential uses and Commercial Lodging are not subject to this requirement; leasable area plus 1 additional square foot of gross leasable area of general retail sales use for each additional 1 square feet of non retail sales use. (Ord. 17 22 §2) D. In the MU CBD zone. Drive through facilities arc allowed to continue if the property had one lawfully in existence prior to the adoption of the MU CBD zone. Otherwise, drive through facilities are prohibited. A. C C zone. Conditions of approval of the development plan may include, but are not limited to, any of the site and building design guidelines deemed appropriate to be mandatory. a. Building design guidelines. i. The design of buildings within a community commercial development should incorporate elements such as special architectural details, distinctive color schemes, special art, and other features, which are sensitive to and enhance the surrounding area and serve to distinguish the complex from other retail complexes in the city; ii. All buildings within a multi building complex should achieve a unity of design through colors,and window pattern; iii. Individual buildings should incorporate similar design elements, such as surface materials,color, roof treatment, windows, and doors, on all sides of the building to achieve a unity of design. The sides of a building that face toward a public street should include public entrances to the building and windows to provide visual access to the • . .. . ... • • -- . •- •.- of a building that face toward an adjoining property,but not toward a public street, should include elements such as windows,doors, 18.120 Commercial Zones Page 12 of 16 EXHIBIT A Adopted Code Amendment color,texture,landscaping,er wall treatments to-pfovide visual interest and prevent the development of a long coleus blank wall. b. General site design guidelines. Loading areas should not be located on the side of a building that faces toward a residential use.Loading areas, if located between the building and the street, should be oriented away from the street and should be screened to minimize views of the loading ar from the street and sidewalk. .. . . • a. Internal walkways. i. Walkways, 8 feet minimum width,must be provided from the public sidewalk or right of way to all buildings. At a minimum, walkways must be located to connect focus points of pedestrian activity such as transit stops and street crossings to the major building entry points ii. Walkways, 5 feet minimum width, must be provided to connect with walkways or potential walkway locations on adjoining properties to create an integrated internal should be commensurate with the anticipated level of pedestrian activity along the connecting walkway. (A) Walkways must be provided along the full length of the building on any side that provides building access to the public or where public parking is available,to provide safe and comfortable pedestrian access to the building. (B)On the sides of the building that provide public access into the building, the walkway should be wide enough to allow for sidewalk seating areas as well as pedestrian travel. Weather protection of the walkway should be provided at a minimum at the entrance ar a and, if appropriate, along the entire walkway. iii. Walkway surfaces for walkways crossing parking ar as must be designed to be visually distinguishable from driving surfaces through the use of durable, lew maintenance surface materials such as pavers, bricks, or scored concrete to enhance pedestrian safety b. Other site development standards. i. All lighting fixtures must incorporate cut off shields to prevent the spillover of light to adjoining properties. the building or enclosed within a screening structure,the design of which is consistent with the design of the building. iii. Mechanical equipment,not located on the building, must be screened from views from the public street, sidewalk, and properties outside the district with a durable, solid wall or fence, an evergreen hedge, or a combination of the above. iv. All refuse and recycling containers within the zone must be contained within structures 18.120 Commercial Zones Page 13 of 16 EXHIBIT A Adopted Code Amendment structure. provided for developments having 100 or fewer parking stalls,notwithstanding Section 18.310.050.For ach 100 additional stalls,facilities for five additional bicycles must be provided. Bicycle parking areas shall not be located within parking aisles, landscape areas, or pedestrian ways. It is strongly encouraged that bicycle parking areas be covered. or water feature. The feature must provide a visual landmark and some amount of seating ares& vii. Parking areas must be designed to minimize conflicts between pedestrian and vehicular movements. Parking arca landscaping must be used to define and separate parking, access, and pedestrian areas within parking lots. viii. The landscape design for the site must include plantings that emphasize the major points of pedestrian and vehicular access to and within the site. ix. Site features such as fences,walls,refuse and recycling facility enclosures,and light fixtures must be designed to be consistent with the scale and architectural design of primary structures. Such site features must be designed and located to contribute to the pedestrian environment of the site development. x. In multiple building complexes,buildings must be located to facilitate safe and comfortable pedestrian movement between buildings.On sites that arc adjacent to other properties within the community commercial-district,building location must be chosen to facilitate pedestrian and vehicular connections to buildings on those adjacent properties. Consideration should be given to locating buildings closer to the public street with entrances to the buildings from the public sidewalk,with no intervening parking or driving area. Corner locations are particularly appropriate for this treatment. . . .. .. existing or proposed transit facilities. Where needed, shelters and layover areas for transit vehicles must be incorporated into the site development. c. Sign design standards.All signage must be an integral part of the architectural design. B. C G zone Ti Lard Trian_le . Sec Map 18.660.A for the location of the C G zone in the Tigard transportation facility standards in Chapter 18.660,the use and development standards in Tables 18.120.1 and 3 respectively, and all other applicable standards in this title.All nonresidential development in the C G zone that is located in the Tigard Triangle is also subject to the following 1. Buildings must occupy a minimum of 50 percent of all street frontages along Highway 99W, Dartmouth Street, 72'Avenue, 71t Avenue, and 68`h Parkway. Buildings must be located at the corners of public street intersections where practicable. 18.120 Commercial Zones Page 14 of 16 EXHIBIT A Adopted Code Amendment 2. The minimum building setback is 0 feet from a street property line. The maximum building setback is 10 feet from a street property line. 3. All street facing facades within the required building setback(0 to 10 feet)must have windows for a minimum of 50 percent of the ground floor wall area. a. The ground floor wall ar a is measured from 3 feet above grade to 9 feet above grade the entire length of each street facing facade. b. Glass within doors may count toward meeting the window standard. 1. All street facing facades that extend more than 50 feet must provide at 1 ast one of the following features: a. A variation in building material; b. A building off set of at least 1 foot; c. A wall area that is entirely separated from other wall areas by a projection, such as an arcade; Af d. Other design features that reflect the building's structural system. 5. All street facing facades that extend more than 300 feet must provide a pedestrian entry into the building or between buildings. 6. All street facing facades must have at least 1 building entry for ach public street frontage. 7. All building entries must have weather protection for pedestrians, such as an awning,canopy,or arcade. dishes and other communication equipment must be set back or positioned on a roof so that exposure from adjacent public streets is minimized. Solar panels are exempt from this standard. 9. Landscaping, an arcade,or a hard surfaced expansion of the public sidewalk must be provided in the area between all street facing facades and the adjacent public street. Hard surfaced areas must be constructed with scored concrete or modular paving materials.These areas may count toward meeting any required landscaping. 10. Vehicle parking areas must be located to the side or r ar of a building. Vehicle parking areas located on the side of a building or adjacent to a puck street must be screened from view with a landscaped area. Section 18.320.070; and b. The minimum depth of the landscaped ar a is 8 feet or equal to the building setback, whichever is greater. C. MU CBD zone(Tigard Downtown),See Chapter 18.650 for additional development standards and 18.120 Commercial Zones Page 15 of 16 EXHIBIT A Adopted Code Amendment design guidelines. D. MUC,MUE 1,MUE 2, MUR 1 and MUR 2 zones(Washington Square Regional Center)_See Chapter 18.670 for additional development standards and design guidelines. E. MUC 1 zone Bridle sort Villa_e . Sce Chapter 18.620 for additional development standards and design guidelines. Development in this zone is also subject to an intergovernmental agreement between the cities of Tigard and Tualatin. (Ord. 17 22 §2) ■ 18.120 Commercial Zones Page 16 of 16 EXHIBIT A Adopted Code Amendment Chapter 18.130 INDUSTRIAL ZONES Sections: 18.130.010 Purpose 18.130.020 List of Base Zones 18.130.030 Land Use Standards 18.130.040 Land Use Restrictions 18.130.010 Purpose The purpose of this chapter is to implement the goals and policies of the Comprehensive Plan related to land use planning and economic development by: A. Ensuring that a full range of economic activities and job opportunities are available throughout the city;and B. Minimizing the potential adverse impacts of industrial uses on nonindustrial uses by carefully locating and selecting the types of uses allowed in each industrial zone. work close to home if they choose.The location of land within each industrial zone will be carefully . . . . . . . . . . . . . . . . goals of the City of Tigard Comprehensive Plan. (Ord. 17-22 §2) 18.130.020 List of Base Zones A. I-P: industrial park zone. The I-P zone provides appropriate locations for combining light manufacturing, office, and small-scale commercial uses, such aseg restaurants, personal services, ander fitness centers, in a campus-like setting with no nuisance characteristics such as. Only those light industrial uses with no off site impacts, e.g., noise, glare, odor, or vibration., arc allowed in the B. I-L: light industrial zone. The I-L zone provides appropriate locations for general industrial uses including but not limited to: industrial services, manufacturing and production, research and development, warehousing and freight movement, and wholesale sales activities with few, if any, nuisance characteristics such as noise,glare,odor, or vibration. C. I-H: heavy industrial zone. The I-H zone provides appropriate locations for intensive industrial uses including industrial service, manufacturing and production, research and development, warehousing and freight movement, railroad yards, waste-related businesses, and wholesale sales activities. Activities in the I-H zone include those that involve the use of raw materials, require significant outdoor storage, or generate heavy truck or rail traffic. Because of these characteristics, I H zoned 18.130 Industrial Zones Page 1 of 6 EXHIBIT A Adopted Code Amendment property has been carefully located to - .; . - •- light industrial zones. 18.130.030 Land Use Standards A. General Provisions.A list of allowed,restricted,conditional,and prohibited uses in industrial zones is provided in Table 18.1320.1. If a use category is not listed,see Section 18.60.030. 1. Allowed(A).Uses that are allowed, subject to all of the applicable provisions of this title. 2. Restricted (R). Uses that are allowed provided they are in compliance with special requirements, exceptions,or restrictions. 3. Conditional(C). Uses that require the approval of the hearings officer using discretionary criteria. The approval process and criteria are provided in Chapter 18.740,Conditional Uses. 4. Prohibited(P). Uses that are not allowed under any circumstance. B. Use restrictions. Day care and commercial IodJin2 uses are subject to additional land use restrictions in Section 18.130.040. C. Development standards. The standards for nonresidential development in industrial zones are located in Chapter 18.330,Industrial Zone Development Standards, and the applicable plan district chapter,if any. Table 18.130.1 Industrial Zone Use To-bit-Standards Use Cate l o ies I-P I-L •• �'F. . Categories Grou. Livin_ N N N Household Livin [1] R R R Civic/InstitutionI Use Cute- r i Basic Utilities 118111.11131 A Cone_es P P P Communi Services 3 C C C Cultural Institutions P P P Da Care [4 R R R Emer_enc Services A A A Medical Centers P P P Postal Service A A A Reli:ious Institutions P P P Schools P P P Social/Fraternal Clubs/Lod:es P P P Tem.ora Shelter P P P H :. .. Comm a ise CI -. .. ....:� .,.. Adult Entertainment P P P Animal-Related Commercial A A A Bulk Sales R [5][6] P P Commercial Lod.in. AR 7 P P Custom Arts and Crafts P P P 18.130 Industrial Zones Page 2 of 6 EXHIBIT A Adopted Code Amendment Eating and Drinking Establishments R[78] P P Indoor Entertainment P P P Major Event Entertainment P P P Motor Vehicle Sales/Rental R A A [5][89][910] Motor Vehicle Servicing/Repair C A A Non-Accessory Parking A A A Office A P P Outdoor Entertainment A P P Outdoor Sales P A A Personal Services R[7i] P P Repair-Oriented Retail A P P Sales-Oriented Retail R[78] P P Self-Service Storage A A A Vehicle Fuel Sales A A/C 4-911 A Industrial Use Cate i ,,, General Industrial P A A Heavy Industrial P P A Industrial Services R[5] A A Light Industrial A A A Railroad Yards P P A Research and Development A A A Warehouse/Freight Movement P A A Waste-Related P P A Wholesale and E ui ment Rental R 5 A A Otter Use Categories Agriculture/Horticulture [4-lu] A A A Cemeteries P C P Detention Facilities C P C Heliports C C C Mining P P A Wireless Communication Facilities A/R[4-2U] A A Transportation/Utility Corridors A A A A=Allowed R=Restricted C=Conditional Use P=Prohibited [1] A single detached house ^ ^bile home is allowed . . • . - . . - . •- . .. . . - where it is located on the same sitelet as the allowed use and is exclusively occupied exclusively by the caretakers or kennel owner or operators and family. [2] Except water, storm, sanitary sewers, and other underground infrastructure facilities, which arc allowed. Above ground public and private utility facilities proposed with development and underground public and private utility facilities are allowed. Standalone above-ground public and private utility facilities not proposed with development are allowed conditionally. [3] Limited to outdoor recreation on (1) land classified as special flood hazard area, when the recreational use does not otherwise preclude future cut and fill as needed to support industrial zone development outside the special flood hazard area'• . . . . .. ..•. _ .. •. upland; and (2) land located outside the special flood hazard area, when the recreational use is temporary and does not otherwise preclude allowed uses-or conditional uses other than recreational [4] Family In home day care that meets all state requirements is allowed.; Commercial Other day care 18.130 Industrial Zones Page 3 of 6 EXHIBIT A Adopted Code Amendment uses Day Care uses are subject to the additional land use restrictions inrequirements of Subsection 18.130.040.A 18.130.050.C. [5] Allowed if all use activities, - -• . . - .• ustomer parking, are wholly must be contained within^ buildinginside a structure except for employee and customer parking. [6] These limited uses Bulk sales are only allowed in the I-P zone east of SW 72nd Avenue. These maximum allowed gross floor area is . - , .. . - - - . .•, - . . - - . 60,000 square feet mot'gross leasable ar a in a single building, or commercial retail uses with a total of those separated only by transportation right of way. [71 See Subsection 18.130.040.B for additional land use restrictions. [78] The maximum allowed gross floor area of thesese limited uses, either separately or in combination, ismay not exceed 20 percent of the entire square footage within a development complex. The maximum allowed gross floor area for retail uses is 60,000 square feet Retail uses may not exceed 60,000 square feet of gross leasable area per building or tenantbusiness. [89] These maximum allowed gross floor area of thesese limited uses, either separately or in combination, is may not exceed 10,000 square feet per lot. [910]This use limited to Only boat sales or rental is allowedonly. [110]Vehicle fuel sales allowed unless in combination with convenience sales, in which case it is allowed conditionally. [121-]When an agricultural use is Where adjacent to a residential use.- e poultry or livestock, other than normal household pets, may must be housed or provided use of a fenced run withina minimum of 100 feet fromef-any nearby residence dwelling unit, except a dwelling unit on the same lot. [132]See Chapter 18.450, Wireless Communication Facilities, for a descriptions of allowed and restricted facilities in the 1-P zone. (Ord. 17-22 §2) 18.130.040 Land Use Restrictions A. Day care uses. The following standards apply to all day care facilities in industrial zones, except family day care: 1. The applicant must prepare an environmental impact assessment that documents noise, visible emissions, vibration, odor,glare, and heat from uses within 0.25 miles.A plan and program for day care facilities to provide mitigation on-site for any of the above off-site impacts must be provided. Sound attenuation walls, screening, window covering, shades, and other such means are appropriate means of mitigation and may be attached as conditions of approval. 2. The State of Oregon Child Care Division Certification Section must be notified of the proposed site plans prior to submitting an application to ensure that the plans submitted generally address the permitting requirements. 3. Prior to occupancy of the proposed day care, evidence of certification through the State of Oregon Child Care Division must be provided to the city. B. Commercial lodging uses. The following standards apply to all commercial lodging uses in the I-P zone: 1. The site must be a minimum of 2 acres and a maximum of 5 acres. 18.130 Industrial Zones Page 4 of 6 EXHIBIT A Adopted Code Amendment 2. The site must have access to an arterial or collector street approved by the city engineer with sufficient capacity to maintain adequate access to local businesses. 3. Uses that are allowed in the I-P zone are allowed as accessory uses to a commercial lodging development, provided they comprise no more than 20 percent of total gross floor area of the development. Development standards in industrial zones are provided in Table 18.130.2. 18.130.2 1, ,. Minimum Lot Size None Nene Nene Minimum Lot Width 50-ft 50-ft 50-ft Minimum Setbacks Front 35 ft 3041 39 ft Street side 20-ft eft eft Side [11 0 ft 0 ft 0-ft Rear[1] Oft Oft 0-ft Maximum Height 45-ft 45-ft 45-ft Maximum Lot Coverage 75%[2} 85% Minimum Landscape Requirement 25%[2} 1-5% -1-5% {1] No setback is required except that a 50 foot setback is required on side and rear property lines that abut a residential zone. [2] Maximum lot coverage may be increased to 80 pert-• . • •••-• -•. .. .. - •-• - reduced to 20 percent through the provisions of Section 18.130.050.B. (Ord. 17 22 §2) It I . . . . A. Commercial lodging in the I P zone. The following development standards apply to commercial lodging located in the I P zone: 1. Lot size must be a minimum of 2 acres and a maximum of 5 acres. capacity sufficient to ensure that adequate access to local businesses is maintained. development. B. Increase in lot coverage. As part of the site development review process, lot coverage may be percent to 20 percent,provided the following requirements arc met: 18.130 Industrial Zones Page 5 of 6 EXHIBIT A Adopted Code Amendment at installation; 2. All landscaping between a parking lot and street property line must have a minimum depth of 10 feet; 3. The applicant must provide documentation of an adequate on going maintenance program to ensure appropriate irrigation and maintenance of the landscape area. C. Day Care uses. The following standards apply to all commercial day care uses in industrial zones: day care facilities to provide mitigation on site for any of the above off site impacts must be provided. Sound attenuation walls, screening, window covering, shades, and other such means are appropriate means of mitigation and may be attached as conditions of approval. site plans prior to submitting an application to ensure that the plans submitted generally address the permitting requirements. 3. Prior to occupancy of the proposed day care, evidence of certification through the State of Oregon Child Care Division must be provided. (Ord. 17 22 §2)f 18.130 Industrial Zones Page 6 of 6 EXHIBIT A Adopted Code Amendment Chapter 18.230 APARTMENTS Sections: 18.230.010 Purpose 18.230.020 Applicability 18.230.030 Approval Process 18.230.040 Development Standards 18.230.050 Design Standards 18.230.060 Accessory Structures 18.230.010 Purpose Apartments are a type of attached housing within single-story or multi-story buildings. Apartment dwelling units may share common side walls, ceilings, or floors. The purpose of this chapter is to provide standards that promote quality development and enhance the livability, walkability, and safety of the community.Apartment development is intended to achieve the following: A. Increase the number of affordable housing units; B. Provide for a variety of housing types that meet the needs of Tigard's diverse population at all stages of life; C. Facilitate the efficient use of land through higher-density attached housing;and D. Support and complement transit services by providing ridership density and proximity. 18.230.020 Applicability A. The approval process and standards of this chapter apply to apartment development in the R-12,R-25, R-40, MUC, MUE, MUE-1, MUE-2, MUR-1, and MUR-2 zones. Additional standards apply in the River Terrace Plan District as provided in Chapter 18.640, River Terrace Plan District. An applicant may elect to apply the approval process and standards of this chapter or of Chapter 18.280, Rowhouses,when proposing rowhouse development. B. The approval process, but not the standards, of this chapter applies to apartment development in the MUC-1 zone. Apartment development in the MUC-1 zone is subject to the standards of Chapter 18.620,Bridgeport Village Plan District. C. This chapter does not apply to apartment development in the MU-CBD and TMU zones. Apartment development in these zones is subject to the approval processes and standards of Chapter 18.650, Tigard Downtown Plan District,and Chapter 18.660,Tigard Triangle Plan District,respectively. 18.230.030 Approval Process Applications for apartment development are processed through a Type I or II procedure as provided in Section 18.710.050 or Section 18.710.060 respectively,using approval criteria in Section 18.780.050. 18.230 Apartments Page 1 of 9 EXHIBIT A Adopted Code Amendment 18.230.040 Development Standards A. Base zone development standards are provided in Table 18.230.1. Table 18.230.1 Apartment Development Standards MUE-2 MUC Standard R-12 R-25 MUE R-40 and MUR-1 and _ MUR-2 MUE-1 3,050 1,480 1,480 Minimum Lot Size sq ft per sq ft per sq ft per 0 sq ft 0 sq ft 0 sq ft 0 sq ft unit unit unit Minimum Setbacks -Front 20ft 20ft 20ft 20ft loft Oft Oft -Street side 20 ft 20 ft 20 ft 20 ft 10 ft 5 ft O ft -Side loft loft 10ft loft Oor20ft Oor20ft Oor20ft [1] [1] [1] [2] [2] [2] -Rear 20 ft 20 ft 20 ft 20 ft 0 or 20 ft 0 or 20 ft 0 or 20 ft [1] [1] [1] [2] [2] [2] Maximum Setbacks -Front None None None None 20 ft 20 ft 20 ft -Street side None None None None 20 ft 20 ft 20 ft Minimum Height O ft O ft O ft O ft O ft 2 stories 2 stories Maximum Height 35 ft 45 ft 45 ft 60 ft 60 ft 75 ft 200 ft Maximum Lot Coverage 80% 80% 80% 80% 80% 80% 85% Minimum Landscape 20% 20% 20% 20% 20% 20% 15% Area 80% 80% 25 units 50 units 50 units Minimum Density of maximum density None of max. per acre per acre per acre density Calculated using the 25 units 40 units 50 units Maximum Density method provided in None None 18.40.140 per acre per acre per acre [1] Where the site abuts an R-1 through R-12 zone, an additional 1 foot of setback is required for each foot of building height above the maximum building height of the abutting zone. [2] Minimum side and rear setbacks are 0 feet,except the minimum side and rear setbacks are 20 feet where the site abuts an R-1 through R-12 zone. B. Landscaping and screening. All required landscaping, including landscaping used to meet screening or tree canopy standards, is subject to the general provisions of Chapter 18.420, Landscaping and Screening. 1. The minimum landscape area standard is provided in Table 18.230.1. Landscaping standards are provided in Section 18.420.040. Any landscape area that meets the L-2 standard and any required common open space area may count toward meeting the minimum landscape area standard. 18.230 Apartments Page 2 of 9 EXHIBIT A Adopted Code Amendment 2. Screening standards are provided in Section 18.420.050. Screening is required as follows: a. Service areas and wall- and roof-mounted utilities must be screened to the S-1 standard. Service areas and utilities are also subject to the standards in Subsection 18.230.040.G. b. Apartments that abut an R-1 through R-12 zone must be screened to the S-3 standard along all property lines,except street property lines. c. Surface vehicle parking areas, loading areas, and drive aisles within 20 feet of a street property line must be screened to the S-4 standard. Screening must be provided directly adjacent to the street property line,except where access is taken. 3. The minimum tree canopy standards for the site and any off-street vehicle parking areas are provided in Section 18.420.060. C. Common open space. 1. Common open space is required. The minimum total area of required common open space is 10 percent of the gross site area or 750 square feet, whichever is greater. More than one common open space area may be provided to meet this standard, but any area used to meet this standard must be a minimum of 20 feet in width and depth. 2. Apartment developments with less than 20 dwelling units must provide at least 2 different items from the list below within areas identified as common open space. Apartment developments with 20 or more dwelling units must provide at least 4 different items from the list below within areas identified as common open space. a. Playground equipment or play area for children, b. Sport court, c. Playing field, d. Lawn or garden, e. Covered seating, f. Swimming pool or water feature, g. Plaza or courtyard with permanent seating, h. Gazebo, i. Club house, j. Workout room,or k. Other similar item as determined by the director. 18.230 Apartments Page 3 q f 9 EXHIBIT A Adopted Code Amendment 3. At least 50 percent of the dwelling units in a development must face outdoor common open space or a public street. This standard is met when the front door or a window from the kitchen, living room, or dining room of a unit faces the outdoor common open space or a public street. 4. Building facades, including accessory structure facades, that face outdoor common open space must meet the 15 percent window area requirement in Subsection 18.230.050.B or be screened to the S-4 standard as provided in Table 18.420.2. 5. Common open space may not be located in the front setback or include sensitive lands. D. Private open space. 1. Private open space is required for each dwelling unit. Each private open space must be a minimum of 48 square feet in area and a minimum of 5 feet in width and depth. 2. Private open space must be directly accessible from the interior of the dwelling unit that it serves. 3. Additional common open space above the required minimum may substitute for some or all of the required private open space at a 1:1 ratio. E. Pedestrian access. 1. Paths must provide pedestrian access from public sidewalks abutting the site to all required building entrances on the site. 2. Paths must provide pedestrian access between all common open space areas, vehicle and bicycle parking areas, building entrances, and service areas designed for use by residents. Paths within parking areas or along drive aisles are subject to additional standards in Subsection 18.410.040.B. 3. Paths must extend to the perimeter property line to provide pedestrian access to existing or planned pedestrian facilities on adjacent properties,such as trails or public access easements. 4. Paths must be constructed with a hard surface material and have a minimum unobstructed width of 5 feet. F. Vehicle and bicycle parking. 1. The applicable provisions and standards of Sections 18.410.010 through 18.410.050 apply to apartment developments. 2. The standards in Sections 18.410.060 through 18.410.090 do not apply to apartment developments. 3. The minimum and maximum number of off-street vehicle and bicycle parking spaces are provided in Table 18.230.2. Any fractional space requirement is rounded up to the next whole number. 18.230 Apartments Page 4 of 9 EXHIBIT A Adopted Code Amendment Table 18.230.2 Off-Street Vehicle and Bicycle Parking Quantity Requirements Vehicle Apartment Size Vehicle Minimum Maximum Bicycle Minimum (Zones A and B) 500 sq ft or less 1 space per dwelling unit 1 bedroom 1 space per dwelling unit 1 space per 2 dwelling None units 2 bedroom 1.25 spaces per dwelling unit 3 bedroom 1.5 spaces per dwelling unit 4. Apartment developments with 10 or more required vehicle parking spaces must also provide additional vehicle parking for guests. The minimum amount of additional parking spaces is 15 percent of the minimum vehicle parking requirement as provided in Table 18.230.2. Guest vehicle parking must be clearly identified with pavement markings or signs. 5. Apartment developments with 20 or more dwelling units must also provide additional bicycle parking spaces for guests. The minimum amount of additional parking spaces is 15 percent of the minimum bicycle parking requirement as provided in Table 18.230.2.Guest bicycle parking must be located within 20 feet of the street property line and be visible to pedestrians from the public sidewalk in front of the site. Bicycle parking may be located in the public right-of-way with approval of the city engineer. 6. Apartment developments with 20 or more dwelling units must provide all required non-guest bicycle parking spaces inside a structure or under a roof. Required bicycle parking is exempt from the location'standard of Subsection 18.410.050.A but may not be located inside individual dwelling units. 7. Surface parking areas, drive aisles, detached garages, and attached or detached carports may not be located between any street property line and a building with dwelling units. 8. Attached garages may not be located closer to a street property line than the facade of a building with dwelling units. Driveways associated with attached garages that take direct access from a public or private street must meet the rowhouse location and access standards in Paragraph 18.280.050.E.3 and Subparagraphs 18.280.050.E.2.a through d. 9. Parking areas located to the side of a building with dwelling units and within 20 feet of a street property line may not occupy more than 50 percent of the total length of the street frontage. Drive aisles without adjacent parking spaces do not count as parking areas for the purposes of this standard. G. Utilities and service areas. 1. Private utility facilities, such as transformers or control valves, that serve a single development must be located below ground unless the functional properties of the facility require above- ground placement. If located above ground, all facilities 1 cubic foot or greater in volume,or with any one dimension greater than 2 feet, must meet the following standards where not wall-or roof- mounted or located inside a building: 18.230 Apartments Page 5 of 9 EXHIBIT A Adopted Code Amendment a. The facility may not be located within 20 feet of any street property line;and b. The facility must be dark in color and painted or wrapped with a non-reflective material. 2. Service areas, such as waste and recycling containers, outdoor storage, and mechanical equipment, may not be located within 20 feet of any street property line, except where located inside a building. H. Lighting. 1. Minimum illumination levels are measured horizontally at ground level. a. The minimum average illumination is 1.5 footcandles for paths, except those within parking areas, which are subject to the lighting standards in Subsection 18.410.040.I. All points of measurement must be a minimum of 0.5 footcandles. b. The minimum average illumination is 3.5 footcandles for required building entrances and 2.0 footcandles for any non-required building entrances. All points of measurement must be a minimum of 1.0 footcandle. 2. Maximum illumination levels are measured vertically at the property line. The maximum illumination is 0.5 footcandles at side and rear property lines, except that the maximum illumination may be increased to 1.0 footcandle where the development abuts a commercial or industrial zone. 3. Lighting must be shielded,angled, or located such that it does not shine upwards or directly onto adjacent properties or sensitive lands. I. Apartments are subject to all other applicable requirements of this title including but not limited to standards related to streets and utilities,sensitive lands,and signs. 18.230.050 Design Standards A. Entrances. 1. For dwelling units with internal building access, a minimum of 1 entrance per building must be visible and accessible from a public or private street or outdoor common open space. Additional entrances may face drive aisles,parking areas, or service areas. 2. For dwelling units without internal building access, a minimum of 1 entrance per dwelling unit must be visible and accessible from a public or private street, outdoor common open space, or drive aisle that has a curb and path adjacent to the unit. 3. A required building entrance must be at an angle that is no more than 45 degrees from the street, common open space, or drive aisle that it faces. A required building entrance to an individual dwelling unit may exceed this standard where it opens onto a porch or stoop provided the angle is no more than 90 degrees from the street,common open space,or drive aisle that it faces. 4. A required building entrance must be covered,recessed, or treated with a permanent architectural feature that provides weather protection for pedestrians. The required weather protection must be 18.230 Apartments Page 6 of 9 EXHIBIT A Adopted Code Amendment at least as wide as the entrance, a maximum of 6 feet above the top of the entrance, and a minimum of 3 feet in depth. The required weather protection may project into the minimum front setback. B. Windows. 1. All building facades, except accessory structure facades, must include a minimum of 15 percent window area on the entirety of all facades that face a public or private street or outdoor common open space. 2. The minimum window area standard does not apply to stories with sloped roofs or dormers. C. Facade design. 1. All building facades, except accessory structure facades, must include a minimum number of architectural features from the list below on the entirety of all facades that face a public or private street or outdoor common open space. A building with less than 20 units must include at least 2 different architectural features. A building with 20 or more dwelling units must include at least 4 different architectural features. Different features may be used on different facades of the same building. a. Facade articulation. A wall projection or recession that is a minimum of 6 feet in width and 2 feet in depth for a minimum of half the height of the facade and with a maximum distance of 40 feet between projections or recessions. b. Roof eave or projecting cornice. i. An eave that projects a minimum of 12 inches from the building facade; or ii. A cornice that projects a minimum of 6 inches from the building facade and is a minimum of 12 inches in height. c. Roof offsets or dormers. i. A roof offset that is a minimum of 2 feet from the top surface of one roof to the top surface of another roof as measured horizontally or vertically with a maximum distance of 40 feet between offsets. See Figure 18.230.1;or ii. One dormer for each top floor dwelling unit that is a minimum of 4 feet in width and integrated into the roof form. 18.230 Apartments Page 7 of 9 EXHIBIT A Adopted Code Amendment Figure 18.230.1 Roof Offset A 2' min. roof offset im/‘ V d. Accent siding. A minimum of 2 different siding materials are used, and one siding material covers a minimum of 40 percent of the building facade. e. Distinct base and top. The ground floor is visually distinguished from the upper floors by including a belt course and at least one of the following: i. a change in surface or siding pattern; ii. a change in surface or siding material;or iii. a change in the size or orientation of windows. f. Window area. A minimum of 50 percent window area is included. g. Window shadowing.All windows include at least one of the following: i. Window trim that is a minimum of 2.5 inches in width and 0.625 inches in depth;or ii. Windows that are recessed a minimum of 3 inches from the building facade. h. Balconies. Balconies are included on all upper floors that meet the dimensional requirement for private open space provided in Subsection 18.230.040.D. i. Covered porches or recessed entrances. All ground floor dwelling units with individual entrances include at least one of the following: i. A covered porch that is a minimum of 5 feet in width and depth;or ii. An entrance area that is a minimum of 5 feet in width and recessed a minimum of 2 feet from the building facade. 18.230 Apartments Page 8 of 9 EXHIBIT A Adopted Code Amendment j. Enhanced entrances or awnings. A building that provides internal access to dwelling units includes at least one of the following: i. A building entrance area that is a minimum of 8 feet in width and is either: (A)recessed a minimum of 5 feet from the building facade,or (B)covered with a permanent architectural feature that provides weather protection. The architectural feature must be at least as wide as the entry, a maximum of 6 feet above the top of the entry, and a minimum of 5 feet in depth. The architectural feature may project into the minimum front setback; or ii. A permanent architectural feature above all ground floor windows, such as an awning or series of awnings, that are at least as wide as each window, a maximum of 6 feet above the top of each window, and a minimum of 3 feet in depth. The architectural feature may project into the minimum front setback. 2. The following building materials are prohibited on all building facades, including accessory structure facades, that face a public or private street or outdoor common open space. They may not be used collectively on more than 35 percent of any other building facade. a. Vinyl PVC siding, b. T-111 plywood, c. Exterior insulation finishing(EIFS), d. Corrugated metal, e. Plain concrete or concrete block, f. Spandrel glass,or g. Sheet pressboard. 18.230.060 Accessory Structures Accessory structures are allowed subject to the following standards: A. Accessory structures are prohibited in the required front or street side setback; B. Accessory structures may be located in the required side or rear setback provided they are a minimum of 5 feet from the side and rear property lines and a maximum of 15 feet in height;and C. All accessory structures, including structures required to screen utilities and service areas, and all site improvements, such as fences, walls, signs, and light fixtures, must use materials, colors, and architectural design features that are similar in scale and appearance to those on primary buildings. Chain link fencing and unfinished concrete blocks are prohibited. 18.230 Apartments Page 9 of 9 EXHIBIT A Adopted Code Amendment Chapter 18.280 ROWHOUSES Sections: 18.280.010 Purpose 18.280.020 Applicability 18.280.030 Approval Process 18.280.040 General Provisions 18.280.050 Development Standards 18.280.060 Design Standards 18.280.070 Accessory Structures 18.280.010 Purpose Rowhouses are a type of attached housing that share common side walls. The purpose of this chapter is to provide standards that promote quality development and enhance the livability, walkability, and safety of the community.Rowhouse development is intended to achieve the following: A. Increase the number of affordable housing units; B. Accommodate incremental growth in neighborhoods while preserving residential quality of life; C. Provide for a variety of housing types that meet the needs of Tigard's diverse population at all stages of life; D. Encourage housing that allows residents to remain in their communities and neighborhoods as their needs change;and E. Facilitate more efficient use of land through smaller housing units. 18.280.020 Applicability A. The approval process and standards of this chapter apply to rowhouse development in the R-7, R-12, R-25, MUR-1, and MUR-2 zones. Additional standards apply in the River Terrace Plan District, as provided in Chapter 18.640,River Terrace Plan District. B. The approval process, but not the standards, of this chapter applies to rowhouse development in the MUC-1 zone. The standards for rowhouse development in the MUC-1 zone are provided in Chapter 18.620,Bridgeport Village Plan District. C. The approval process and standards of this chapter do not apply to rowhouse development in the MU- CBD and TMU zones.Rowhouse development in these zones is subject to the approval processes and standards of Chapter 18.650, Tigard Downtown Plan District, and Chapter 18.660, Tigard Triangle Plan District,respectively. D. Rowhouse development may alternatively meet the standards of Chapter 18.230, Apartments to construct this housing type in base zones where apartments are allowed. 18.280 Rowhouses Page 1 of 7 EXHIBIT A Adopted Code Amendment 18.280.030 Approval Process Applications for rowhouse development are processed through a Type I or Type II procedure, as provided in Sections 18.710.050 or 18.710.060,using approval criteria in Section 18.780.050. 18.280.040 General Provisions All lots approved for rowhouse development in the R-7, R-12, and R-25 zones through the provisions of this chapter will be conditioned to record a deed restriction prohibiting any type of development other than rowhouse development on the lot. This deed restriction cannot be removed except through a land division or lot line adjustment process that brings the lot into conformance with the standards for development of other housing types. A rowhouse deed restriction imposed as a condition of a previous or concurrent land division or lot line adjustment process meets this standard. 18.280.050 Development Standards A. Number of units. A rowhouse development must contain at least two units. There is no maximum number of units,except that in the R-7 zone,the maximum number of units per grouping is 5. B. Density.Minimum and maximum density are provided in Table 18.280.1. C. Lot width.Minimum lot widths are provided in Table 18.280.1. D. Setbacks. Minimum and maximum setbacks are provided in Table 18.280.1. E. Parking. The provisions and standards of Section 18.410.030 and 18.410.040 apply, except for Subsection 18.410.040.E.The following additional standards also apply: 1. Number of spaces. a. A minimum of 1 off-street parking space must be provided for each rowhouse. b. An on-street parking credit may be granted for some or all the required off-street parking as provided in Section 18.410.090. 2. Access. Access to off-street parking areas for rowhouse development may be taken through tandem driveways, shared access, or from an alley. The following requirements apply to each situation in addition to the relevant sections of Chapter 18.920,Access,Egress,and Circulation. a. Tandem driveways. If access is taken from a street other than an alley and access is not shared development-wide,the following standards apply. See Figure 18.280.1 for examples. i. A maximum of 1 driveway is allowed for every 2 rowhouse units, except that each rowhouse grouping of three or more units may include 1 driveway that provides access to a single unit. Shared access is subject to the requirements I8.920.030.C. ii. The minimum width for a driveway is 15 feet, except that a single unshared driveway may be 10 feet in width. iii. The maximum width for a driveway is 18 feet, except that the maximum width for a single unshared driveway is 12 feet. 18.280 Rowhouses Page 2 of 7 EXHIBIT A Adopted Code Amendment iv. Driveways must be located a minimum of 18 feet apart to minimize vehicle conflicts with pedestrians. Distance between driveways is measured along the front property line. Figure 18.280.1 Access Configuration for Tandem Driveways Rowhouse Rowhouse Rowhouse Rowhouse Rowhouse Rowhouse Rowhouse Rowhouse Tandem Tandem Driveway Driveway Tandem Tandem Driveway Driveway Sidewalk-18"_K-18" -18'x ---_^- 15'- — 18'—* 15'-7I4 STREET STREET b. Shared access. If access for all units in a rowhouse development is shared and off-street parking areas are provided at the side or rear of a rowhouse development rather than at the front of each rowhouse unit,the minimum paved width of the shared access is 20 feet and the maximum width is 24 feet. Figure 18.280.2 Access Configuration for Shared Access HHHI [ Off-street parking area Rowhouse Rowhouse Rowhouse Rowhouse Rowhouse Rowhouse Rowhouse Rowhouse ■ ■ Shared Access Sidewalk 11—20"--/K- ) L. STREET c. Alley access. If access is taken from an alley,the following standards apply: i. A maximum of one access is allowed for each rowhouse unit. ii. The minimum paved width of an alley access is 10 feet. 18.280 Rowhouses Page 3 of 7 EXHIBIT A Adopted Code Amendment 3. Location. Off-street parking areas, including detached parking structures, must be located a minimum of 20 feet from any street property line,except alley property lines,where no minimum setback is required. 4. Parking structures. Parking structures in rowhouse developments are subject to the following: a. Detached parking structures must be located a minimum of 40 feet from a street property line where rowhouses provide main entrances. b. The maximum size for a detached parking structure is 200 square feet per rowhouse served by the structure. c. The maximum height for a detached parking structure is 15 feet. 5. Screening. Screening of parking areas is not required, except that in the R-7 zone, off-street parking areas provided at the side or rear of buildings and not in structures must be screened from adjacent properties to the S-3 standard, as provided in Table 18.420.2. The required screening must be provided on the same site as the development. F. Pedestrian access. Rowhouse developments of 5 or more units must provide a paved, accessible pedestrian path that connects the main entrance of each rowhouse to the following: 1. Sidewalks in the right-of-way abutting the site; 2. Common buildings such as laundry and recreation facilities: 3. Parking areas;and 4. Common open space and play areas. G. Landscaping. The provisions and standards of Chapter 18.420, Landscaping and Screening do not apply to rowhouse development, with the exception of Sections 18.420.030 and 18.420.040. The following additional standards also apply: 1. The minimum landscape area standards are provided in Table 18.280.1. All required landscape areas must meet the L-1 standard,as provided in Table 18.420.1. 2. A minimum of 15 percent tree canopy must be provided. The method for determining tree canopy is provided in Section 10 Part 3 Subpart M of the Urban Forestry Manual. All required trees must be a minimum caliper of 1.5 inches at the time of planting and meet the standards in Section 13 Part 2 and Appendix 3 of the Tigard Urban Forestry Manual for soil volume and species. Trees planted to meet this standard are development trees. The applicant must pay the tree inventory fee listed in the city's Master Fees and Charges Schedule. 3. The minimum number of required street trees is determined by dividing the length in feet of the site's street frontage by 40 feet. When the result is a fraction,the minimum number of street trees is the nearest whole number. More than the minimum number of street trees may be required along the site's frontage depending upon the stature of trees chosen and the specific spacing standards for the chosen trees. 18.280 Rowhouses Page 4 of 7 EXHIBIT A Adopted Code Amendment a. Street trees must be planted within the right-of-way wherever practicable. Street trees may be planted a maximum of 6 feet from the right-of-way when planting within the right-of-way is not practicable as determined by the city engineer. b. An existing tree may be used to meet the street tree standards provided that: i. The largest percentage of the tree trunk immediately above the trunk flare or root buttresses is either within the subject site or within the right-of-way immediately adjacent to the subject site;and ii. The tree would be permitted as a street tree in compliance with UFM street tree planting and soil volume standards if it were newly planted. H. Waste Collection. 1. Dumpsters are prohibited in rowhouse developments. 2. Waste collection and service areas may not be located in required setbacks and must be screened to the S-1 standard,as provided in Table 18.420.2. Table 18.280.1 Development Standards for Rowhouses R-7 R-12 R-25 MUR-1 MUR-2 Minimum Lot Size 5.000 sq ft 2.500 sq ft 1,500 sq ft Minimum and maximum per unit per unit per unit lot size are determined by Maximum Lot Size 5,500 sq ft 2,750 sq ft 1,750 sq ft minimum and maximum per unit per unit per unit density. Minimum Lot Width 20 ft 20 ft 20 ft 16 ft 16 ft Minimum Setbacks -Front 15ft 15ft 15ft Oft loft -Street side 10 ft 10 ft 10 ft 5 ft 10 ft -Side [1] 5ft 5ft 5ft 5ft 5ft -Rear[2] 15ft 15ft 15ft 15ft 15ft Maximum Setbacks -Front 20 ft 20 ft 20 ft 20 ft 20 ft -Street side 20 ft 20 ft 20 ft 20 ft 20 ft Maximum Height 35 ft 35 ft 45 ft 75 ft 45 ft Minimum Landscape Area 20% 20% 20% 20% 20% Minimum Density 50 units per 25 units per Minimum and maximum density are acre acre determined by minimum and maximum Maximum Density lot size. None 50 units per acre [1] This standard does not apply to a common wall lot line where the units are attached. [2] There is no rear setback when the rear property line abuts an alley. 18.280 Rowhouses Page S of 7 EXHIBIT A Adopted Code Amendment 18.280.060 Design Standards A. Height. Maximum heights are provided in Table 18.280.1. B. Unit definition. Each dwelling unit must include at least one of the following on the street-facing facade: 1. A roof dormer a minimum of 4 feet in width, 2. A balcony a minimum of 2 feet in depth and accessible from an interior room, 3. A bay window that extends from the facade a minimum of 2 feet,or 4. An offset of the facade of a minimum of 2 feet in depth from the neighboring dwelling unit. C. Main entrance. The main entrance of each rowhouse must face the street. If a rowhouse has more than one street property line,the entrance may face either street. D. Porches. Each rowhouse in a grouping must include a porch that is a minimum of 48 square feet in area with no horizontal dimension less than 6 feet.A balcony on the same facade as the main entrance may substitute for a front porch,provided that the following are met: 1. The area of the balcony must be a minimum of 48 square feet, 2. The balcony must be a minimum of 8 feet in width, 3. The floor of the balcony must be a maximum of 15 feet above grade,and 4. The balcony must be accessible from the interior living space of the house. E. Roofs. Roofs must be sloped, with a minimum pitch of 4/12 and a maximum pitch of 14/12, except that a roof may be flat if it meets one of the following: 1. The space on top of the roof is used as a deck or balcony that is no more than 150 square feet in area and is accessible from an interior room;or 2. The roof line includes a cornice that extends at least 6 inches from the facade and is a minimum of 12 inches in height. F. Exterior staircases. Exterior staircases to any story above the first story of a rowhouse are not allowed. G. Windows. A minimum of 12% of the area of all street-facing facades on each individual unit must include windows or entrance doors. Window area is the aggregate area of the glass within each window, including any interior grids, mullions, or transoms. Door area is the area of the portion of a door other than a garage door that moves and does not include the frame. Half of the window area in the door of an attached garage may count toward meeting this standard. 18.280.070 Accessory Structures Accessory structures are allowed subject to the following standards: 18.280 Rowhouses Page 6 of 7 EXHIBIT A Adopted Code Amendment A. The maximum size of accessory structures is 528 square feet; B. The maximum height of accessory structures is 15 feet; C. Accessory structures are prohibited within the front setback; and D. Accessory structures may be located within the side or rear setback provided they are a minimum of 5 feet from the side and rear property lines. 18.280 Rowhouses Page 7 of 7 EXHIBIT A Adopted Code Amendment Chapter 18.290 SINGLE DETACHED HOUSES Sections: 18.290.010 Purpose 18.290.020 Applicability 18.290.030 Development Standards 18.290.040 Design Standards 18.290.050 Accessory Structures 18.290.010 Purpose Single detached house development is intended to provide a desired housing type for individual households. It is one piece of a diverse housing strategy;and integrates well with other housing types of similar scale. 18.290.020 Applicability The standards of this chapter apply to single detached houses in residential zones and to primary dwelling units on lots with accessory dwelling units. 18.290.030 Development Standards Development standards for single detached houses are provided in Table 18.290.1. 1 1. 1 \ . Design standards for single detached houses are provided in Table 18.298.1. 18.290 Single Detached Houses Page 1 of 5 EXHIBIT A Adopted Code Amendment Table 18.290.1 Development Standards for Single Detached Houses Standard R-1 R-2 R-3.5 R-4.5 R-7 R-12 MUG- .al .... Minimum Lot Size 30,000 20,000 10,000 7,500 5,000 3,050 0 sq ft sq ft sq ft sq ft sq ft sq ft sq ft Nene Minimum Lot Width La la 10011 100 ft 65 ft 50 ft 50 ft Nene Nene Minimum Setbacks -Front 30ft 30ft 20ft 20ft 15ft 15ft Oft[1] -Street side 20 ft 20 ft 20 ft 15 ft 10 ft 10 ft Oft[1] -Side 5ft 5ft 5ft 5ft 5ft 5ft Oft -Rear 25ft 25ft 15ft 15ft 15ft 15ft Oft Side or rear abutting more N/A N/A N/A N/A 30-ft 30-ft 20-€t restrictive zone Garage 121 Nene 20ft 20ft 20ft 20ft 20ft 20ft 2� Maximum Height 30 ft 30 ft 30 ft 30 ft 35ft 35ft 70 ft Maximum Lot Coverage None None None None 80% 80% 90% Minimum Landscape Area 131 None None None None 20% 20% 10% Requitement Minimum Density 80%of maximum density 25 units per acre Maximum Density Calculated using the method provided in 18.40.140 50 units per acre Minimum Parking 1 off-street vehicle parking space per house 141 [1]The maximum front and street side setback is 20 feet. [21 The minimum garage setback applies to garages and carports. The minimum setback may be reduced to 0 feet where vehicle access is taken from an alley. [31 The minimum landscape area must be planted to the L-1 standard. Landscaping standards are provided in Chapter 18.420,Landscaping and Screening.Single detached house development is exempt from the general provisions of Section 18.420.030. [41 The minimum parking standard may be met with an on-street parking credit. On-street parking credit standards are provided in Section 18.410.090. 18.290 Single Detached Houses Page 2 of 5 EXHIBIT A Adopted Code Amendment 18.290.040 Design Standards A. Entrances. The main entrance to a single detached house must meet the following standards: 1. The entrance must be set back no further than 8 feet from the widest street-facing wall;and 2. The entrance must be offset no more than 45 degrees from a line parallel to the front lot line. If the front lot is curved, the offset is measured from a line tangent to the midpoint of the front lot line. B. Windows.A minimum of 12 percent of the area of all street-facing facades, excluding alley-facing facades,must include windows or doors.Door area is the portion of a door that moves and does not include the frame. Garage doors designed for vehicle access may not be used to meet this standard. 1. Windows in a garage door may be used to meet this standard. 2. A maximum of 2 percent of the required window area may be frosted glass. C. Attached garages and carports. An attached garage or carport must meet the following standards, except where vehicle access is taken from an alley. 1. A garage door or carport entrance designed for vehicle access must be the same distance or a greater distance from the street property line as the widest street-facing wall along the same street frontage, except as follows: a. A garage door or carport entrance may extend up to 5 feet in front of the widest street- facing wall if there is a covered front porch and the garage door or carport entrance does not extend beyond the front of the porch. b. A garage door or carport entrance may extend up to 5 feet in front of the widest street- facing wall where the garage or carport is part of a 2-story building and there is a window on the second story above the garage or carport that faces the street with a minimum area of 12 square feet. 2. The total maximum width of all garage doors or carport entrances is 12 feet or 50 percent of the total width of the street-facing facade, whichever is greater. The width of a garage door is measured from inside the garage door frame. Where more than one garage door is proposed, the width of each garage door is measured separately. See Figure 18.290.1. 18.290 Single Detached Houses Page 3 of 5 EXHIBIT A Adopted Code Amendment Figure 18.290.1 Garage Door Width • ! • rProperty - ._•-•- . �.•••••• •••••. � I I Line Building Garage I I- x -� • y L.—•_._. ._ ._._._._. _._._.J STREET X: Width of garage door Y: Width of street-facing facade 3. The total maximum width of all garage doors or carport entrances may be increased to 60 percent of the total width of the street-facing facade provided that a minimum of 7 detailed design elements from the list below are included on the street-facing facade with the garage door or carport entrance. a. Covered porch: a minimum depth of 5 feet, as measured horizontally from the face of the building wall,and a minimum width of 5 feet. b. Recessed entrance area: A minimum depth of 2 feet, as measured horizontally from the face of the building wall, and a minimum width of 5 feet. c. Wall offset: a minimum offset of 16 inches from one exterior wall surface to the other. d. Dormer:a minimum width of 4 feet that is integrated into the roof form. e. Roof eave: a minimum projection of 12 inches from the intersection of the roof and the building walls. f Roof offset: a minimum offset of 2 feet from the top surface of one roof to the top surface of the other. g. Roof shingles:tile or fire-resistant roofing material. h. Roof design:gable roof,hip roof,or gambrel roof design. i Roof pitch: a roof pitch of at least 500 square feet in area that is sloped to face the southern sky and has its eave line oriented within 30 degrees of the true north/south axis. 18.290 Single Detached Houses Page 4 of 5 EXHIBIT A Adopted Code Amendment 1. Horizontal lap siding: a minimum visible lap width of 3 to 7 inches once installed. The siding material must be wood,fiber-cement, or vinyl to meet this standard. k. Accent siding: brick, cedar shingles, stucco, or other accent material that covers a minimum of 40 percent of the facade. L Window trim: a minimum width of 2.5 inches and a minimum depth of 5/8 inches around all windows. In. Window recess: a minimum depth of 3 inches, as measured horizontal,' from the face of the building wall, for all windows except where a bay window is proposed that meets the standard in Subparagraph 18.290.040.C.3.n. n. Window projection (e.g., bar window): a minimum depth of 2 feet, as measured horizontally from the face of the building wall,and a minimum width of 5 feet. o. Balcony: a minimum depth of 3 feet and a minimum width of 5 feet that is accessible from an interior room. 18.290.050 Accessory Structures A. Accessory structures are allowed on all lots with single detached dwellingshouses subject to the following standards: 1. The maximum size of accessory structures is 528 square feet on lots less than 2.5 acres and 1,000 square feet on lots 2.5 acres or larger; 2. The maximum height of accessory structures is 15 feet; 3. Accessory structures may not cause the lot to exceed the maximum lot coverage allowed in the base zone; 4. Accessory structures are prohibited within the required front setback; and 5. The minimum side, street side, and rear setback of accessory structures is 5 feet. Accessory structures may be located in the required side, street side, or rear setback provided they are a minimum of 5 feet from the side, street side, and rear property lines, except for garages and carports, which are subject to specific setback standards for the side of the structure designed for vehicle access. easements; and property lines a distance equal to or greater than the height of the proposed structure. 18.290 Single Detached Houses Page 5 of 5 EXHIBIT A Adopted Code Amendment Chapter 18.320 COMMERCIAL ZONE DEVELOPMENT STANDARDS Sections: 18.320.010 Purpose and Definition 18.320.020 Applicability 18.320.030 Approval Process 18.320.040 Development Standards 18.320.050 Design Standards 18.320.060 Additional Standards for C-N,C-C,and C-G Zones 18.320.070 Additional Standards for Adult Entertainment Uses 18.320.010 Purpose and Definition A. Purpose. The purpose of this chapter is to provide standards for nonresidential development in commercial zones that promote quality development and enhance the livability, walkability, and safety of the community. B. Definition. Nonresidential development includes mixed-use developments with or without a residential component and single-use developments that contain a civic, institutional, commercial, industrial,or other nonresidential use. 18.320.020 Applicability A. The approval process and standards of this chapter apply to nonresidential development in the C-N, C-C, C-G, C-P, MUC, MUE, MUE-1, MUE-2, MUR-1, and MUR-2 zones. Additional standards apply to nonresidential development in the River Terrace Plan District and Washington Square Regional Center Plan District as provided in Chapter 18.640, River Terrace Plan District, and Chapter 18.670,Washington Square Regional Center Plan District. B. The approval process, but not the standards, of this chapter applies to nonresidential development in the MUC-1 zone. Nonresidential development in the MUC-1 zone is subject to the standards of Chapter 18.620,Bridgeport Village Plan District. C. This chapter does not apply to nonresidential development in the MU-CBD and TMU zones. Nonresidential development in these zones is subject to the approval processes and standards of Chapter 18.650, Tigard Downtown Plan District, and Chapter 18.660, Tigard Triangle Plan District, respectively. D. This chapter does not apply to residential development in commercial zones. Residential development in commercial zones is subject to the approval processes and standards of the applicable housing type chapter in 18.200 Residential Development Standards. 18.320.030 Approval Process Applications for nonresidential development are processed through a Type II procedure as provided in Section 18.710.060, using approval criteria in Section 18.780.050, except where a conditional use or planned development application is required or proposed. 18.320 Commercial Zone Development Standards Page 1 of 7 EXHIBIT A Adopted Code Amendment 18.320.040 Development Standards A. Base zone development standards are provided in Table 18.320.1. Table 18.320.1 Commercial Zone Development Standards for Nonresidential Development C-N MUE-2 MUC Standard and C-G C-P MUE and MUR-1 and C-C MUR-2 [1] MUE-1 Ill [1] Minimum Lot Size 5,000 0 sq ft 6,000 0 sq ft 0 sq ft 0 sq ft 0 sq ft sq ft sq ft Minimum Lot Width 50 ft 50 ft 50 ft 50 ft O ft O ft O ft Minimum Setback -Front Oft Oft Oft Oft loft Oft Oft -Street side Oft Oft Oft Oft loft 5ft Oft -Side Oor20ft Oor20ft Oor20ft Oor20ft Oor20ft Oor20ft Oor20ft [2] [3] [3] [3] [3] [3] [3] -Rear Oor20ft Oor20ft Oor20ft Oor20ft Oor20ft Oor20ft Oor20ft [2] [3] [3] [3] [3] [3] [3] Maximum Setback -Front 20 ft None or None None 20 ft 20 ft 20 ft 10 ft[4] Street side 20 ft None or None None 20 ft 20 ft 20 ft 10 ft [4] Minimum Height O ft O ft O ft O ft O ft 2 stories 2 stories Maximum Height 35 ft 45 ft 45 ft 45 ft 60 ft 75 ft 200 ft Maximum Lot Coverage 85% 85% 85% 80% 80% 80% 85% Minimum Landscape 15% 15% 15% 20% 20% 20% 15% Area Minimum FAR[5] None None None None 0.3 0.6 1.25 Maximum FAR[5] None None None 0.4 [6] None None None [1] See Chapter 18.670, Washington Square Regional Center Plan District, for additional development standards. [2] Minimum side and rear setbacks are 0 feet, except the minimum side and rear setbacks are 20 feet where the site abuts a residential zone. [3] Minimum side and rear setbacks are 0 feet, except the minimum side and rear setbacks are 20 feet where the site abuts an R-1 through R-12 zone. [4] There are no maximum front and street side setbacks, except maximum front and street side setbacks are 10 feet where the site is located within the Tigard Triangle Plan District. See Map 18.660.A. [5] The net development area, as defined in Section 18.40.020.A, is used to establish the lot area for purposes of calculating the floor area ratio(FAR).Residential floor area in mixed-use developments is included in the floor area calculation to determine conformance with FAR. [6] Commercial lodging uses are not subject to this requirement. 18.320 Commercial Zone Development Standards Page 2 of 7 EXHIBIT A Adopted Code Amendment B. Landscaping and screening. All required landscaping, including landscaping used to meet screening or tree canopy standards, is subject to the general provisions of Chapter 18.420, Landscaping and Screening. 1. The minimum landscape area standard is provided in Table 18.320.1. Landscaping standards are provided in Section 18.420.040. Any landscape area that meets the L-2 standard may count toward meeting the minimum area standard. 2. Screening standards are provided in Section 18.420.050. Screening is required as follows: a. Service areas and wall- and roof-mounted utilities must be screened to the S-1 standard. Service areas and utilities are also subject to the standards in Subsection 18.320.040.D. b. Nonresidential development that abuts a residential zone must be screened to the S-3 standard along all property lines,except street property lines. c. Surface vehicle parking areas, loading areas, drive aisles, and stacking lanes for drive- through services within 20 feet of a street property line must be screened to the S-4 standard. Screening must be provided directly adjacent to the street property line,except where access is taken. 3. The minimum tree canopy standards for the site and any off-street vehicle parking areas are provided in Section 18.420.060. C. Pedestrian access. 1. Paths must provide safe and convenient pedestrian access from public sidewalks abutting the site to all required building entrances on the site. A minimum of 1 path is required for every 200 linear feet of street frontage. 2. Paths must provide safe and convenient pedestrian access within the site between all buildings, uses, and areas designed for use by pedestrians. Paths within parking areas or along drive aisles are subject to additional standards in Subsection 18.410.040.B. 3. Paths must extend to the perimeter property line to provide access to existing or planned pedestrian facilities on adjacent properties, such as trails or public access easements, where practicable. 4. Paths must be constructed with a hard surface material and have a minimum unobstructed width of 5 feet. D. Utilities and service areas. 1. Private utility facilities, such as transformers or control valves, that serve a single development must be located below ground unless the functional properties of the facility require above- ground placement. If located above ground, all facilities 1 cubic foot or greater in volume, or with any one dimension greater than 2 feet,must meet the following standards where not wall-or roof-mounted or located inside a building: a. The facility may not be located within 20 feet of any street property line;and 18.320 Commercial Zone Development Standards Page 3 of 7 EXHIBIT A Adopted Code Amendment b. The facility must be dark in color and painted or wrapped with a non-reflective material. 2. Service areas, such as waste and recycling containers, outdoor storage, and mechanical equipment, may not be located within 20 feet of any street property line, except where located inside a building. E. Lighting. 1. Minimum illumination levels are measured horizontally at ground level. a. The minimum average illumination is 1.5 footcandles for paths, except those within parking areas, which are subject to the lighting standards in Subsection 18.410.040.I. All points of measurement must be a minimum of 0.5 footcandles. b. The minimum average illumination is 3.5 footcandles for required building entrances and 2.0 footcandles for any non-required building entrances. All points of measurement must be a minimum of 1.0 footcandle. 2. Maximum illumination levels are measured vertically at the property line. The maximum illumination is 0.5 footcandles at side and rear property lines, except that the maximum illumination may be increased to 1.0 footcandle where the development abuts a commercial or industrial zone. 3. Lighting must be shielded, angled, or located such that it does not shine upwards or directly onto adjacent properties or sensitive lands. F. Nonresidential development is subject to all other applicable requirements of this title including but not limited to standards related to parking and loading,streets and utilities,sensitive lands,and signs. 18.320.050 Design Standards A. Entrances. 1. A minimum of one entrance per building, or tenant space within a building without internal building access, must be visible and accessible from a public street. Additional entrances may face drive aisles,parking areas, or service areas. 2. A required building entrance must be at an angle that is no more'than 45 degrees from the street that it faces. 3. A required building entrance must be covered,recessed, or treated with a permanent architectural feature that provides weather protection for pedestrians. The required weather protection must be at least as wide as the entrance, a maximum of 6 feet above the top of the entrance, and a minimum of 3 feet in depth. The required weather protection may project into the minimum front setback. B. Windows. Buildings or tenant spaces designed for ground floor use by Eating and Drinking Establishments, Sales-Oriented Retail, Repair-Oriented Retail, Personal Services, and Office uses must include a minimum of 50 percent window area on all ground floor street-facing facades. 18.320 Commercial Zone Development Standards Page 4 of 7 EXHIBIT A Adopted Code Amendment 18.320.060 Additional Standards for C-N,C-C,and C-G Zones A. C-N and C-C zones. The following standards apply to development in the C-C and C-N zones in addition to all other applicable standards of this title. 1. Pedestrian access. a. Paths that provide access from public sidewalks to required building entrances must have a minimum unobstructed width of 8 feet. b. Path surfaces must be visually distinguished from drive aisle surfaces where paths cross drive aisles through the use of durable and low-maintenance materials such as pavers,bricks, or scored concrete. 2. Site design. a. Minimum and maximum building setbacks are met when at least 70 percent of the street- facing building facade is located within the setback area. b. Vehicle parking and loading areas must be located to the side or rear of primary buildings and not between primary buildings and the street property line. c. Vehicle parking and loading areas must be designed and located to minimize conflicts between vehicular and non-vehicular traffic. d. Loading areas must be designed and located to minimize adverse impacts on adjacent properties,particularly those in residential zones or with residential uses. e. Landscaping must be designed and located to emphasize the major points of access into the site and to help define and separate vehicular and non-vehicular circulation within parking areas. f. The following bicycle parking standards apply to the nonresidential component of a mixed- use or single-use development. Where a mixed-use development includes a residential component,the bicycle parking standards in Subsection 18.230.040.F apply to the residential component of the development. i. A minimum of 50 percent of required bicycle parking spaces must be located within 20 feet of the street property line and be visible to pedestrians from the public sidewalk in front of the site; ii. A minimum of 50 percent of required bicycle parking spaces must be covered where the site is located within 500 feet of an existing or planned trail;and iii. Bicycle parking may be located in the public right-of-way with approval of the city engineer. g. Where the site is located on a street corner, the corner area must include a unique site or building design feature such as an angled or rounded building corner, prominent building entrance, permanent seating area, water feature, sculpture, or distinctive paving or 18.320 Commercial Zone Development Standards Page 5 of 7 EXHIBIT A Adopted Code Amendment landscaping. 3. Building design. a. All street-facing facades must provide a minimum of 50 percent of window area on all ground floor facades and a minimum of 30 percent of window area on all upper floor facades, except that residential uses on upper floors must provide a minimum of 15 percent of window area. b. All street-facing facades must include pedestrian-scale architectural design features such as awnings, window shadowing, accent siding, roof eaves, projecting cornices, horizontal belt courses, or enhanced entries that are appropriately scaled for the building size and location. Awnings may project into the public right-of-way with city engineer approval provided they have a minimum vertical clearance of 8 feet from sidewalk grade and a minimum horizontal projection of 5 feet from building facade. c. All building facades, other than street-facing facades, that are visible from public parking areas and adjacent properties must provide visual interest and avoid large blank walls through the use of windows,doors,color, landscaping,or wall treatments. d. All accessory buildings, including structures required to screen utilities and service areas, and all site improvements, such as fences, walls, signs,and light fixtures, must use materials, colors, and architectural design features that are similar in scale and appearance to those on primary buildings. Chain link fencing and unfinished concrete blocks are prohibited. B. C-G zone within the Tigard Triangle. The following standards apply to development in the C-G zone within the Tigard Triangle. These standards apply in addition to all other applicable standards of this title and govern in the event of a conflict. See Chapter 18.660, Tigard Triangle Plan District, for additional transportation facility standards and Map 18.660.A for the location of the C-G zone within the Tigard Triangle. 1. Buildings must occupy a minimum of 50 percent of all street frontages along Highway 99W, Dartmouth Street, 72nd Avenue, 74th Avenue, and 68th Parkway. Buildings must be located at the corners of public street intersections where practicable. 2. All street-facing facades within the required setbacks must include windows on a minimum of 50 percent of the ground floor facade. Ground floor facade area is measured from 3 feet above grade to 9 feet above grade the entire length of each street-facing facade. 3. All street-facing facades that extend more than 50 feet must provide at least one of the following features: a. A change in surface or siding material,color,or pattern; b. A wall recession or projection that is a minimum of 6 feet in width and 2 feet in depth for the entire height of the facade; c. A projecting cornice or eave; or d. Other design features that reflect the building's structural system. 18.320 Commercial Zone Development Standards Page 6 of 7 EXHIBIT A Adopted Code Amendment 4. All street-facing facades that extend more than 300 feet must provide a pedestrian entry into the building or a breezeway between buildings. 5. The area between the building facade and the street property line must be landscaped or include hardscape materials that increase the width of the adjacent public sidewalk through the use of pavers, bricks, or scored concrete. This area may count toward meeting the base zone landscape area standard. 6. Surface vehicle parking and loading areas must be located to the side or rear of primary buildings and not between primary buildings and the street property line. 18.320.070 Additional Standards for Adult Entertainment Uses A. Adult entertainment uses are prohibited within 500 feet of any: 1. Residential zone, 2. Public or private primary,elementary,junior, middle, or high school. 3. Day care or hospital, 4. Public library, 5. Public park, or 6. Religious institution. B. Hours of operation are limited to between 10 a.m.and 1 a.m. C. Windows less than 7 feet from the ground must be covered or screened such that sales areas and merchandise are not visible from public sidewalks. D. Doors and windows must be closed at all times except for normal ingress and egress. E. Any sound transmitted by any means that is audible outside the structure containing the use is prohibited. 18.320 Commercial Zone Development Standards Page 7 of 7 EXHIBIT A Adopted Code Amendment Chapter 18.330 INDUSTRIAL ZONE DEVELOPMENT STANDARDS Sections: 18.330.010 Purpose and Definition 18.330.020 Applicability 18.330.030 Approval Process 18.330.040 Development Standards 18.330.010 Purpose and Definition A. Purpose. The purpose of this chapter is to provide standards for nonresidential development in industrial zones that promote quality development and enhance the livability,walkability, and safety of the community. B. Definition.Nonresidential development includes mixed-use and single-use developments that contain a civic, institutional,commercial, industrial,or other nonresidential use. 18.330.020 Applicability A. The approval process and standards of this chapter apply to nonresidential development in the I-P, 1-L,and I-H zones. B. The approval process, but not the standards, of this chapter applies to nonresidential development in the I-P zone within the Durham Advanced Wastewater Treatment Facility Plan District. Nonresidential development in the 1-P zone is subject to the standards of Chapter 18.630, Durham Advanced Wastewater Treatment Facility Plan District. 18.330.030 Approval Process Applications for nonresidential development are processed through a Type II procedure as provided in Section 18.710.060, using approval criteria in Section 18.780.050, except where a conditional use or planned development application is required or proposed. 18.330.040 Development Standards A. Base zone development standards are provided in Table 18.330.1. Table 18.330.1 Industrial Zone Development Standards for Nonresidential Development Standard I-P ■ I-H Minimum Lot Width 50 ft 50 ft 50 ft Minimum Setbacks -Front 35 ft 30 ft 30 ft -Street side 20 ft 20 ft 20 ft -Side [1] Oft Oft Oft -Rear[1] Oft Oft Oft 18.330 Industrial Zone Development Standards Page 1 of 3 EXHIBIT A Adopted Code Amendment Maximum Height 45 ft 45 ft 45 ft Maximum Lot Coverage 75%[2] 85% 85% Minimum Landscape Area 25% [2] 15% 15% [I] Minimum side and rear setbacks are 0 feet, except the minimum side and rear setbacks are 50 feet where the site abuts a residential zone. [2] Maximum lot coverage may be increased to 80 percent and minimum landscape area may be reduced to 20 percent through a site development review or modification approval where the standards in Subsection 18.330.040.D are met. B. Landscaping and screening All required landscaping, including landscaping used to meet screening or tree canopy standards, is subject to the general provisions of Chapter 18.420, Landscaping and Screening. 1. The minimum landscape area standard is provided in Table 18.330.1. Landscaping standards are provided in Section 18.420.040. Any landscape area planted to the L-2 standard may count toward meeting the minimum area standard. 2. Screening standards are provided in Section 18.420.050. Screening is required as follows: a. Service areas and wall- and roof-mounted utilities must be screened to the S-1 standard. Service areas and utilities are also subject to the standards in Subsection 18.330.040.C. b. Nonresidential development that abuts a nonindustrial zone must be screened to the S-3 standard along all property lines,except street property lines. c. Surface vehicle parking areas, loading areas, drive aisles, and stacking lanes for drive- through services within 20 feet of a street property line must be screened to the S-4 standard. Screening must be provided directly adjacent to the street property line, except where access is taken. 3. The minimum tree canopy standards for the site and any off-street vehicle parking areas are provided in Section 18.420.060. C. Utilities and service areas. 1. Private utility facilities, such as transformers or control valves, that serve a single development must be located below ground unless the functional properties of the facility require above- ground placement. If located above ground, all facilities 1 cubic foot or greater in volume, or with any one dimension greater than 2 feet,must meet the following standards where not wall-or roof-mounted or located inside a building: a. The facility may not be located within 20 feet of any street property line;and b. The facility must be dark in color and painted or wrapped with a non-reflective material. 2. Service areas, such as waste and recycling containers, outdoor storage, and mechanical equipment, may not be located within 20 feet of any street property line, except where located inside a building. 18.330 Industrial Zone Development Standards Page 2 of 3 EXHIBIT A Adopted Code Amendment D. Lot coverage increase. The following standards apply to all nonresidential development in the I-P zone that propose to increase maximum lot coverage to 80 percent and reduce minimum landscape area to 20 percent: 1. Street trees must be a minimum caliper of 3 inches at planting; 2. Landscape area between a parking lot and street property line must be a minimum depth of 10 feet;and 3. The applicant must provide documentation of an adequate on-going maintenance program to ensure appropriate irrigation and maintenance of the landscape area. 18.330 Industrial Zone Development Standards Page 3 of 3 EXHIBIT A Adopted Code Amendment Chapter 18.420 LANDSCAPING AND SCREENING Sections: 18.420.010 Purpose 18.420.020 Applicability 18.420.030 General Provisions 18.420.040 Landscaping Standards 18.420.050 Screening Standards 18.420.060 Tree Canopy Standards 18.420.010 Purpose This chapter establishes minimum standards for landscaping, screening,and tree canopy. A. The purposes of landscaping standards are to: 1. Enhance the aesthetic and economic value of development and the community as a whole; 2. Unify new development with existing neighborhoods and establish a more pleasant community character; and 3. Reduce stormwater runoff by providing permeable surfaces. B. The purposes of screening standards are to: 1. Soften and screen large-scale structures, parking lots, and other unsightly features from view, especially from the street frontage to create a more pleasant pedestrian experience;and 2. Reduce visual impacts and provide privacy between residential and nonresidential uses. C. The purposes of tree canopy standards are to: 1. Maximize the aesthetic, environmental, and economic benefits that trees provide by preserving, managing,and enhancing existing trees and requiring planting of new trees; and 2. Implement the comprehensive plan goals and policies related to urban forestry. 18.420.020 Applicability A. Landscaping standards. Landscaping standards apply to new and existing development that must provide a minimum amount of landscape area as required by the applicable development standards chapter. B. Screening standards. Screening standards apply to new and existing development with uses or site improvements that must be screened from other uses or the street as required by the applicable development standards chapter. C. Tree canopy standards. Site and parking lot tree canopy standards apply to the following types of new and existing development, except that parking lot tree canopy standards do not apply to subdivisions 18.420 Landscaping and Screening Page 1 of 9 EXHIBIT A Adopted Code Amendment and partitions: 1. Subdivisions and partitions; 2. Apartments; 3. Nonresidential development, including mixed use developments; 4. Wireless communication facilities;and 5. Mobile home parks. 18.420.030 General Provisions A. All required trees must meet the city's Urban Forestry Manual(UFM)standards as follows: L Street trees must meet the street tree planting and maintenance standards in UFM Section 2 and street tree soil volume standards in UFM Section 12; 2. Parking lot trees must meet the parking lot tree canopy standards in UFM Section 13; and 3. All other trees must meet the tree canopy site plan requirements in UFM Section 10,Part 2. B. Trees proposed to be preserved must be protected in a manner that meets the tree protection standards in UFM Section 10,Part 3. C. Plants that are less than 18 inches in height at maturity, except lawn, are considered groundcover. Minimum container size at planting is either 4 inches or 1 gallon, and maximum plant spacing is either 1 foot or 2 feet on center,respectively. D. Plants that are more than 18 inches in height but less than six feet in height at maturity are considered small or medium shrubs. Minimum container size at planting is 1 gallon, and maximum plant spacing is 3 feet on center. E. Plants, excluding trees, that are more than six feet in height at maturity are considered large shrubs. Minimum container size at planting is 2 gallons,and maximum plant spacing is 7 feet on center. F. Plants listed as invasive or noxious on the Portland Plant List are prohibited. Trees listed on the UFM Nuisance Tree List are prohibited. G. All landscaping required by this chapter, including landscaping used to meet screening or tree canopy standards, must be maintained to applicable industry standards in perpetuity as provided in the most current version of the American National Standards Institute A300 Standards for Tree Care Operations. H. All trees required by this chapter are subject to the city's urban forestry requirements regarding planting,maintenance,and removal of trees as provided in Title 8 of the Tigard Municipal Code. 18.420.040 Landscaping Standards A. Landscaping standards are provided in Table 18.420.1. Landscaping standards must be met as 18.420 Landscaping and Screening Page 2 of 9 EXHIBIT A Adopted Code Amendment required by the applicable development standards chapter in 18.200 Residential Development Standards or 18.300 Nonresidential Development Standards. B. Landscaping or other areas used to meet the minimum landscape area standard must be provided on site and may be met by any combination of the following: 1. Landscaping, including parking lot landscaping,that meets the L-1 or L-2 landscaping standard; 2. Landscaping that meets the S-2, S-3, or S-4 screening standard as provided in Table 18.420.2 where required by the applicable development standards chapter; or 3. Other areas as specified by the applicable development standards chapter. C. Landscaping in excess of the minimum landscape area standard does not have to meet the L-1 or L-2 landscaping standard. Table 18.420.1 Landscaping Standards Standard a. Requirements:.... :. Any combination of trees, plants, or lawn with or without other natural or L-1 artificial landscaping elements such as ponds, fountains, lighting, benches, bridges,rocks,paths,sculptures,trellises,or screens. • A minimum of 50% of the total required landscape area must include small, medium,or large shrubs; • A maximum of 50% of the total required landscape area may include any combination of mulch, groundcover, lawn, or hardscape, except that L-2 hardscape areas may not cover more than 25%of the total required landscape area;and • If tree canopy standards do not apply as provided in Subsection 18.420.020.C,then 1 tree must be provided for every 600 square feet of total required landscape area. 18.420.050 Screening Standards A. Screening standards are provided in Table 18.420.2 and illustrated in Figures 18.420.1 and 2. These standards must be met as required by the applicable development standards chapter in 18.200 Residential Development Standards or 18.300 Nonresidential Development Standards. B. The following items are exempt from the screening standards of this chapter: 1. Roof-mounted solar panels, 2. Above-ground vegetated stormwater facilities, 3. Utility poles,and 4. Accessory structures allowed by Paragraphs 18.210.030.A.2 and 18.310.030.A.2. 18.420 Landscaping and Screening Page 3 of 9 EXHIBIT A Adopted Code Amendment C. The following additional requirements apply to the S-1 screening standard: 1. Screening is required on all sides, except where access is taken. If access is provided by an opening without a gate or door,the opening must be oriented so that it is not visible from a public sidewalk; 2. Screening must be of an appropriate height and width so that the item to be screened is not visible from a public sidewalk. 3. Chain link fencing with slats and unfinished concrete blocks are prohibited where visible from a public sidewalk. Table 18.420.2 Screening Standards Standard Minimum Depth j uirements Alb Service areas: • Sight-obscuring fence or wall Roof-mounted equipment or utilities: S-1 N/A • Parapet wall or sight-obscuring structure Wall-mounted equipment or utilities: • Architecturally incorporated into building or sight-obscuring fence, wall,or structure S-2 5 feet Groundcover and small or medium evergreen shrubs. • Sight-obscuring fence or wall a minimum of 6 feet in height;and S-3 5 feet • Approved trees from UFM Appendix 2—5 spaced appropriately based on tree stature. • Sight-obscuring fence, wall, or berm that is a minimum of 3 feet in height or evergreen hedge that will be a minimum of 3 feet in height at time of maturity; • Approved trees from UFM Appendix 2—5 spaced appropriately based S-4 8 feet on tree stature;and • If a hedge is provided, then groundcover evenly distributed along the entire length of the screen;or • If a hedge is not provided, then small and medium shrubs and groundcover evenly distributed along the entire length of the screen. 18.420 Landscaping and Screening Page 4 of 9 EXHIBIT A Adopted Code Amendment Figure 18.420.1 S-3 Screening Standard 1 6'inin. fence or wall 5'min. depth I Property line Figure 18.420.2 S-4 Screening Standard 11111111 3'min. height fence or hedge C Street Sidewalk I I 8'min. depth Property Line 18.420.060 Tree Canopy Standards A. Site tree canopy standards, which are stated as a percentage of effective tree canopy cover for an entire site, are provided in UFM Section 10, Part 3, Subparts N and O. Parking lot tree canopy standards are provided below. B. An urban forestry plan is required to demonstrate compliance with site and parking lot tree canopy standards and must meet the requirements of UFM Sections 10 through 13. An urban forestry plan must: 18.420 Landscaping and Screening Page 5 of 9 EXHIBIT A Adopted Code Amendment 1. Be coordinated and approved by a project landscape architect or project arborist, i.e. a person that is both a certified arborist and tree risk assessor, except that land partitions may demonstrate compliance with effective tree canopy cover and soil volume requirements by planting street trees in open soil volumes only; 2. Demonstrate compliance with UFM tree preservation and removal site plan standards; 3. Demonstrate compliance with UFM tree canopy and supplemental report standards and provide the minimum effective tree canopy cover; 4. Demonstrate compliance with parking lot tree canopy standards, where applicable, by providing the minimum effective tree canopy cover of 30 percent for all parking areas, including parking spaces and drive aisles. Only the percentage of tree canopy directly above parking areas may count toward meeting this standard; and 5. Include street trees where right-of-way improvements are required by Chapter 18.910, Improvement Standards. a. The minimum number of required street trees is determined by dividing the length in feet of the site's street frontage by 40 feet. When the result is a fraction, the minimum number of street trees is the nearest whole number. More than the minimum number of street trees may be required along the site's frontage depending upon the stature of trees chosen and the specific spacing standards for the chosen trees. b. Street trees must be planted within the right-of-way wherever practicable. Street trees may be planted a maximum of 6 feet from the right-of-way when planting within the right-of-way is not practicable as determined by the city engineer. c. An existing tree may be used to meet the street tree standards provided that: i. The largest percentage of the tree trunk immediately above the trunk flare or root buttresses is either within the subject site or within the right-of-way immediately adjacent to the subject site; and ii. The tree would be permitted as a street tree in compliance with UFM street tree planting and soil volume standards if it were newly planted. C. Fee in lieu of planting. 1. The applicant may choose to provide a fee in lieu when tree canopy requirement is not met in compliance with UFM Section 10,Part 4. 2. If it is not practicable to provide the minimum number of required street trees then the applicant must pay a fee to the city for tree planting and early establishment in an amount equivalent to the city's cost to plant and maintain a street tree for 3 years for each tree below the minimum required. 3. Tree canopy fees provided to the city will be deposited into the urban forestry fund and used as approved by council through a resolution. 18.420 Landscaping and Screening Page 6 of 9 EXHIBIT A Adopted Code Amendment D. Urban forestry plan discretionary review. In lieu of providing payment of a tree canopy fee when less than the standard effective tree canopy cover will be provided, an applicant may apply for a discretionary urban forestry plan review. The discretionary urban forestry plan review cannot be used to modify an already approved urban forestry plan,any tree preservation or tree planting requirements established as part of another land use approval,or any tree preservation or tree planting requirements required by another chapter in this title. 1. Approval process. Discretionary urban forestry plan reviews will be processed through a Type III procedure, as provided in Section 18.710.070, using approval criteria in Paragraph 18.420.060.D.2. When a discretionary urban forestry plan review is submitted for concurrent review with a land use application, that requires a Type III review,the approval authority will be the one designated for the land use application. If the discretionary urban forestry plan review is not concurrent with a land use application that requires a Type III review, then the approval authority will be the hearings officer. 2. Approval criteria. A discretionary urban forestry plan review application will be approved when the approval authority finds that the applicable approval criteria are met. The applicant must demonstrate that the proposed plan will equally or better replace the environmental functions and values that would otherwise be provided through payment of a tree canopy fee in lieu of tree planting or preservation. Preference will be given to projects that will receive certifications by third parties for various combinations of proposed alternatives such as: a. Techniques that minimize hydrological impacts beyond regulatory requirements such as those detailed in Clean Water Services Low Impact Development Approaches (LIDA) Handbook, including,but not limited to, porous pavement, green roofs, infiltration planters/rain gardens, flow through planters, LIDA swales, vegetated filter strips, vegetated swales, extended dry basins,and constructed water quality wetlands; b. Techniques that minimize reliance on fossil fuels and production of greenhouse gases beyond regulatory requirements through the use of energy efficient building technologies and on-site energy production technologies; and c. Techniques that preserve and enhance wildlife habitat beyond regulatory requirements, including, but not limited to, the use of native plant species in landscape design, removal of invasive plant species, and restoration of native habitat and preservation of habitat through the use of conservation easements or other protective instruments. 3. Decision. The discretionary urban forestry plan review decision will be incorporated into the decision of the land use application. The discretionary urban forestry plan approved in this section will supersede and replace any conflicting requirements in this chapter; however, all of the non-conflicting requirements in this chapter continue to apply. E. Urban forestry plan implementation. 1. Implementation of the urban forestry plan must be inspected, documented, and reported by the project arborist or landscape architect in compliance with the inspection requirements in UFM Section 11, Part 1,wherever an urban forestry plan is in effect. In addition, no person may refuse entry or access to the director for the purpose. 18.420 Landscaping and Screening Page 7 of 9 EXHIBIT A Adopted Code Amendment 2. The establishment of all trees shown to be planted in the tree canopy site plan and supplemental report of a previously approved urban forestry plan must be guaranteed and required in compliance with the tree establishment requirements in UFM Section 11,Part 2. 3. Spatial and species-specific data must be collected in compliance with the urban forestry inventory requirements in UFM Section 11, Part 3 for each open grown tree and area of stand grown trees in the tree canopy site plan and supplemental report of a previously approved urban forestry plan. 4. An urban forestry plan will be in effect from the point of land use approval until the director determines all applicable urban forestry plan conditions of approval and code requirements have been met. F. Urban forestry plan modification. Except as exempted in Paragraph 18.420.060.F.1, an application to modify the urban forestry plan component of a land use approval is processed through a Type I procedure, as provided in Section 18.710.050, using the approval criteria in Paragraph 18.420.060.F.2. 1. Exemptions. The following are exempt from a Type I modification application to the urban forestry plan component of a land use approval: a. Removal of any tree shown as preserved in the tree canopy site plan and supplemental report of a previously approved urban forestry plan provided that: i. The project arborist or landscape architect provides a written report prior to removal attesting that either the condition rating or suitability of preservation rating, as provided in the city's Urban Forestry Manual, of the tree has changed to a rating of less than 2;and ii. A revised tree canopy site plan and supplemental report are submitted for review and approval prior to removal that reflect the proposed changes to the previously approved urban forestry plan. The revised tree canopy site plan and supplemental report must demonstrate how the effective tree canopy cover requirements will be provided by tree planting,preservation,or payment of a tree canopy fee in lieu of planting or preservation. b. Modification of the quantity, location, or species of trees to be planted in the tree canopy site plan and supplemental report of a previously approved urban forestry plan provided that: i. The modification results in the same or greater amount of future tree canopy through tree planting as the previously approved urban forestry plan for the lot or tract where the modification is proposed; ii. Payment of a tree canopy fee in lieu of planting is not proposed as part of the modification;and iii. A revised tree canopy site plan and supplemental report are submitted for review and approval prior to planting that reflect the proposed changes to the previously approved urban forestry plan. c. Modification of the tree protection fencing location in the tree preservation and removal site plan, tree canopy site plan, and supplemental report of a previously approved urban forestry plan provided that: 18.420 Landscaping and Screening Page 8 of 9 EXHIBIT A Adopted Code Amendment i. The project arborist or landscape architect provides a written report prior to modification of the tree protection fencing describing how the proposed modification will continue to protect the viability of the trees shown as preserved in the previously approved urban forestry plan; and ii. A revised tree preservation and removal site plan,tree canopy site plan,and supplemental report are submitted for review and approval prior to modification of the tree protection fencing that reflect the proposed modifications to the previously approved urban forestry plan. 2. Approval criteria. The approval authority will approve or approve with conditions the modification to the urban forestry plan component of a land use approval when all of the following are met: a. The project arborist or landscape architect has provided a report and statement certifying that the previously approved urban forestry plan did not account for the circumstances that lead to the proposed modification; b. The project arborist or landscape architect has provided a report and statement certifying that there is no practicable alternative to the proposed modification;and c. The project arborist or landscape architect demonstrates compliance with Subsection 18.420.060.B through a modified urban forestry plan. 18.420 Landscaping and Screening Page 9 of 9 EXHIBIT A Adopted Code Amendment Chapter 18.520 URBAN-FORESTRYSIGNIFICANT TREE GROVES Sections: 18.520.010 Purpose 18.520.020 Applicability 18.520.030 General Provisions 18.520.040 Approval Process 18.520.050 Approval Criteria !.! ! _ • , . • •• • • 18.520.0650 Flexible Standards _ • . 11 . 1 I • .. • •. . Application 18.520.010 Purpose The purpose of this chapter is to implement the city's urban forestry goals in the comprehensive plan goals and policies related to urban forestry and as recommended by the urban forestry master plan by estalAishingprovide flexible standards to incentivize the preservation of significant tree groves.: site; values are provided; preservation-of existing trees and significant tree groves; development; and process. (Ord. 17 22 §2) 18.520.020 Applicability This chapter applies to all sites that contain more than 10,000 square feet of tree canopy within a mapped significant tree grove, as shown on the City of Tigard Significant Tree Grove Map, but not within any sensitive lands identified in Paragraphs 18.510.010.G.1 through 3. 1. Conditional use(Type III); 2. Downtown design review(Type 11 and Ill); 18.520 Significant Tree Groves Page 1 of 11 EXHIBIT A Adopted Code Amendment d. Planned development(Type III); 5. Sensitive lands review(Type II and III); 6. Site development review(Type 11); and 7. Subdivision(Type 11). B. All Type I modifications to the urban forestry plan component of an approved land use application as provided in Section 18.520.070. the existing right of way or asement and the urban forestry plan requirements arc limited to the existing right of way or asement. (Ord. 17 22 §2) 18.520.030 General Provisions A. An applicant may request to use one or more of the flexible standards provided by this chapter when submitting a land use application for development. A separate adjustment application is not required. B. The standards in this chapter govern in the event of a conflict, except where the approval authority determines that application of a flexible standard would endanger public health,safety, or welfare. 18.520.040 Approval Process The request to use flexible standards will be processed through the review procedure associated with the specific land use application submitted. 18.520.050 Approval Criteria The approval authority must find that the request to use flexible standards is the least required to preserve the significant tree grove and an instrument or action acceptable to the city permanently preserves the significant tree grove, such as a conservation easement, open space tract, deed restriction, or dedication. A. Urban forestry plan requirements. An urban forestry plan must: minor land partitions that can demonstrate compliance with effective tree canopy cover and soil volume requirements by planting street trees in open soil volumes only; 18.520 Significant Tree Groves Page 2 of 11 EXHIBIT A Adopted Code Amendment B. Tree canopy fee. If the supplemental report demonstrates that the applicable standard percent preservation for the overall development site (excluding streets) or that the 15 percent effective tree canopy cover will not be provided through any combination of tree planting or preservation for any meets or exceeds the standard percent effective tree canopy cover), then the applicant must provide the city a tree canopy fee according to the methodology outlined in the tree canopy fee calculation requirements in the Urban Forestry Manual. fund and used as approved by council through a resolution. (Ord. 17 22 §2) 1 1 .• - . • I . . A. General provisions. In lieu of ming payment of a tree canopy fee when less than the standard forestry plan review. The discretionary urban forestry plan review cannot be used to modify an already approved urban forestry plan, any tree preservation-or tree planting requirements established as part of another land use approval,or any tree preservation or tree planting requirements required by another chapter in this title. B. Application procedures. Discretionary urban forestry plan reviews are processed through a Type III procedure, as provided in Section 18.710.070, using approval criteria in Subsection 18.520.010.C. When a discretionary urban forestry plan review is submitted for concurrent review with a land use application, as provided in Section 18.520.020,that requires a Type III review,the approval authority will be the one designated for the land use application, as provided Chapter 18.710, Land Use Review application that requires a Type III review,then the approval authority is be the h arings officer. C. Approval criteria. A discretionary urban forestry plan review application will be approved when the approval authority finds that the applicable approval criteria are met: 1. The applicant has demonstrated that the proposed : . • -.. •- . . -- canopy fee in lieu of tree planting or preservation. Preference will be given to projects that will receive certifications by third parties for various combinations of proposed alternatives such as: detailed in Clean Water Services Low Impact Development Approaches (LIDA) Handbook, including, but not limited to, porous pavement, green roofs, infiltration planters/rain gardens, I. • . - • - - - regulatory requirements through the use of energy efficient building technologies and on site energy production technologies; and c. Techniques that preserve and enhance wildlife habitat beyond regulatory requirements, including, but not limited to, the use of native plant species in landscape design, removal of the use of conservation easements or other protective instruments. 18.520 Significant Tree Groves Page 3 of 11 EXHIBIT A Adopted Code Amendment of the land use application as provided in Section 48.520.020. The discretionary urban forestry plan approved in this section supersedes and replaces any conflicting requirements in this chapter; however,all of the non conflicting requirements in this chapter continue to apply. (Ord. 17 22 §2) 18.520.950060 Flexible Standards •• ' • • • A. General provisions. To assist in the preservation or planting of trees and significant tree groves, the approval authority may apply one or more of the following flexible standards as part of the land use sections of this title, the standards in this section apply except in cases where the approval authority determines there would be an unreasonable risk to public health, safety, or welfare. Use of the flexible standards may be requested by the project arborist or landscape architect as part of the land use application process. The flexible standards are only applicable to trees that are eligible for credit towards the effective tree canopy cover of the site. B. Approval criterion for use of flexible standards. The approval authority may consider modifications for lot dimension standards or site related development standards as part of the urban forestry plan approval authority must find that the modification request is the least required to preserve or plant and that the modification will not impede adequate emergency access to the site. C. Flexible standards to preserve or plant trees. The following flexible standar are available to applicants in order to preserve or plant trees on a development site. partition under Chapter 18.820, Land Partitions. Lot size may be averaged to allow lots less than the minimum lot size of the applicable base zone provided the average lot area is not less than that required by the applicable base zone. Lots must be less than 80 percent of the minimum lot size required by the applicable base zone. base zone. Setback of garages may not be reduced by this provision. • .- _ - -- base zone. large stature street trees. Sidewalk location and design . ... . .- • -• •-- . - preservation, this flexibility must be the minimum required to achieve the desired effect. For and sidewalk wherever practicable. If a preserved tree is to be utilized as a street tree, it must meet the criteria found in the landscaping and screening Section 18.320.010.F. '1. Adjustments to commercial, industrial, or civic use parking requirements may be granted for preservation or planting of trees. For each 2 percent of effective canopy cover provided by preserved or planted trees incorporated into a development plan for commercial, industrial, or 18.520 Significant Tree Groves Page 4 of 11 EXHIBIT A Adopted Code Amendment civic uses listed in Table 18.310.2. a 1 percent reduction in the amount of required parking may preservation of trees. For each 2 percent of effective canopy cover provided by preserved trees requirement may be granted. No more than 20 percent of the minimum landscape requirement D. Flexible standards and incentives for the preservation of significant tree groves. A significant tree are available when a development site contains at least 10,000 square feet of tree canopy that is part t.! . - !. . .. • • following: -1-A.Minimum residential density. The minimum density required for apartments, rowhouses, and single detached houses may be reduced to preserve a significant tree grove. The amount of reduction in minimum density is calculated as provided in Section 18.40.130. Reduction of minimum density is allowed provided that: la. At least 50 percent of the significant tree grove's canopy within the development site (and also not within the sensitive lands types in Paragraphs 18.510.010.G.1 3)is preserved;and 2b. The project arborist or landscape architect certifies the preservation is such that the connectivity and viability of the remaining significant tree grove is maximized while balancing the significant tree grove preservation considerations in the Urban Forestry Manual;- i. A conservation easement; ii. An open space tract; iii. A deed restriction;or iv. Through dedication and acceptance by the city. B .Residential density transfer. Up to 100 percent density transfer is allowed for apartments and single detached houses from the preserved portion of a significant tree grove within a development site to the buildable area of the development site. la. Density may be transferred provided that: ai. The standards in Table 18.520.1 are met with the preservation of the corresponding percent of the significant tree grove's canopy within the development site (and also not within the sensitive lands types in Paragraphs 18.510.010.G.1 3); 18.520 Significant Tree Groves Page 5 of 11 EXHIBIT A Adopted Code Amendment The project arborist or landscape architect certifies the preservation is such that the connectivity and viability of the remaining significant tree grove is maximized while balancing the significant tree grove preservation considerations in the Urban Forestry Manual;and £.Maximum density for the net site area including the significant tree grove is not exceeded._; and iv. The significant tree grove is protected through an instrument or action subject to approval (A)A conservation easement; (B) An open space tract: (C)A deed restriction; or (D)Through dedication and acceptance by the city. 2b. The proposed development may include the following: ai. Zero lot line single detached houses for the portion of the development site that receives the density transfer. bi-i. The following variations from the base zone development standards are allowed: L(A) Up to 25 percent reduction of minimum lot width; ii.(4) Up to 10-foot minimum front setback; iii(C) Up to 33 percent reduction of side and rear setbacks; iv(D) Up to 4-foot minimum garage setback; and v.(-E) Up to 20 percent increase in maximum height. ci}i.When the portion of the development site that receives the density transfer abuts a developed residential zone with the same or lower density, the average area of abutting perimeter lots must be at least be 75 percent of the minimum lot area of the applicable residential zone. Table 18.520.1 Density Transfer for Preservation of Significant Tree Groves Detached Sq. Ft. Attached Sq. Ft. Duplex Multifamily Percent Tree Grove Percent Tree Grove Percent Tree Percent Tree Canopy Preserved Canopy Grove Canopy Grove Canopy Residential /Min.Lot or Unit Preserved/Min. Lot Preserved/Min. Lot Preserved/Min. Zone Area or Unit Area or Unit Area Unit Area R-1 25-49%/22,500 sq ft (30,000 sq ft 50-520%/15,000 sq ft Not Allowed Not Allowed Not Allowed •er unit 75-100%/7,500 s• ft 18.520 Significant Tree Groves Page 6 of 11 EXHIBIT A Adopted Code Amendment R-2 25-49%/15,000 sq ft Allowed with 75%or (20,000 sq ft 50-520%/10,000 sq ft greater tree grove per unit) 75-100%/5,000 sq ft canopy Not Allowed Not Allowed preservation/5,000 sq ft R-3.5 25-49%/7,500 sq ft Allowed with 75%or Allowed with 75% (10,000 sq ft 50-520%15,000 sq ft greater tree grove or greater tree grove Not Allowed per unit) 75-100%/2,500 sq ft canopy preservation canopy preservation 2,500 sq ft /5,000 sq ft R-4.5 25-49%/5,625 sq ft Allowed with 75%or Allowed with 75% (7,500 sq ft 50-520%/3,750 sq ft greater tree grove or greater tree grove per unit) 75-100%/1,875 sq ft canopy canopy preservation Not Allowed preservation/1,875 sq /3,750 sq ft ft R-7 25-49%/3,750 sq ft Allowed with 75%or Allowed with 75% (5,000 sq ft 50-520%/2,500 sq ft greater tree grove or greater tree grove Not Allowed per unit) 75-100%/1,250 sq ft canopy preservation canopy preservation /1,250 sq ft /2,500 sq ft R-12 Apartment and single detached house transfer allowed at the following densities: (3,050 sq ft 25-49%tree grove canopy preservation/2,288 sq ft/unit per unit) 50-520%tree grove canopy preservation/1,525 sq ft/unit 75-100%tree grove canopy preservation/763 sq ft/unit R-25 Apartment and single detached house transfer allowed at the following densities: (1,480 sq ft 25-49%tree grove canopy preservation/1,110 sq ft/unit per unit) 50-520%tree grove canopy preservation/5,200 sq ft/unit 75-100%tree grove canopy preservation/370 sq ft/unit R-40 Apartment and single detached housing allowed with no upper density limit. (None) C3. Commercial development. Adjustments to commercial development standards in Table 18.320.1 18.120.3 of up to 50 percent reduction in minimum setbacks and up to 20 feet additional building height are allowed provided that: la. At least 50 percent of a significant tree grove's canopy within a development site (and also not within the sensitive lands types in Paragraphs 18.510.010.G.1 3)is preserved; 2b. The project arborist or landscape architect certifies the preservation is such that the connectivity and viability of the remaining significant tree grove is maximized while balancing the significant tree grove preservation considerations in the Urban Forestry Manual; 3e. Applicable buff screening standards in Section 18.420.05018.320.050 are met; 44. Maximum floor area ratio is not exceeded in the MUE zone as provided in Table 18.320.1 Paragraph 18.120.050.C.1;and Se. Any setback reduction is not adjacent to a residential zone_;-and f. The significant tree grove is protected through an instrument or action subject to approval by the approval authority that demonstrates it will be permanently preserved such as: i. A conservation casement; 18.520 Significant Tree Groves Page 7 of 11 EXHIBIT A Adopted Code Amendment ii. An open space tract; iii. A deed restriction; or iv. Through dedication and acceptance by the city. D4.Industrial development. Adjustments to development standards in industrial zones in Table 18.330.118.130.2 of up to 50 percent reduction in minimum setbacks and up to 20 feet additional building height are allowed provided that: la. At least 50 percent of a significant tree grove's canopy within a development site (and--alse-Het within the sensitive lands types in Paragraphs 18.510.010.G.1 3)is preserved; 2b. The project arborist or landscape architect certifies the preservation is such that the connectivity and viability of the remaining significant tree grove is maximized while balancing the significant tree grove preservation considerations in the Urban Forestry Manual; 3e. Applicable buffering and screening standards in Section 18.420.05018.320.050 are met;and 4d. Any setback reduction is not adjacent to a residential zone aad i. A conservation casement; ii. An open space tract; iii. A deed restriction;or E .Residential development. The requirement for 15 percent effective tree canopy cover per lot or tract in the R-1,R-2,R-3.5,R-4.5,and R-7 zones is not required provided thatwhea: la. At least 50 percent of a significant tree grove's canopy within a development site (and also not within the sensitive lands types in Paragraphs 18.510.010.G.1 3)is preserved; 2h. The project arborist or landscape architect certifies the preservation is such that the connectivity and viability of the remaining significant tree grove is maximized while balancing the significant tree grove preservation considerations in the Urban Forestry Manual; and 3e. The applicable standard percent effective tree canopy cover in Section 10, part 3, item N of the Urban Forestry Manual will be provided for the overall development site(excluding streets):; i. A conservation easement; 18.520 Significant Tree Groves Page 8 of 11 EXHIBIT A Adopted Code Amendment ii. An open space tract; iii. A deed restriction; or iv. Through dedication and acceptance by the city. F6.The approval authority will use their discretion when considering adjustments Public improvements. Adjustments to Chapter 18.910, Improvement Standards, and Paragraph 18.420.060.B.5, which contains street tree standards, Section 18.320.040, Street Tree Standards, are allowed subject to city engineer approval provided: a. The that the adjustments will facilitate provide preservation and help to maximize the connectivity and viability of a significant tree grove while balancing the significant tree grove preservation considerations in the Urban Forestry Manual_; the approval authority that demonstrates it will be permanently preserved such as: i. A conservation easement; ii. An open space tract; iii. A deed restriction; or l ! • •• • • A. General provisions. An urban forestfy plan will be in effect from the point of land use approval until the director determines aid applicable urban -forestry plan conditions of approval and code requirements have been met. For subdivisions and partitions, the urban forestry plan will remain in forestry plan conditions of approval and code requirements have been met. Prior and subsequent decisions regarding the planting, maintenance,removal, and replacement of trees when not associated 8, Urban Forestry of the Tigard Municipal Code. B. Inspections. Implementation of the urban forestry plan rust be inspected, documented, and reported by the project arborist or landscape architect whenever an urban forestry plan is in effect. In addition, no person may refuse entry or access to the director-for the purpose of monitoring the urban forestry Forestry Manual apply to sites with an effective urban forestry plan. supplemental report of a previously approved urban forestry plan must be guaranteed and required according to the tree establishment requirements in the Urban Forestry Manual. D. Urban forest inventory Spatial and species specific data must be collected according to the urban forestry inventory requirements in the Urban Forestry Manual for each open grown tree and area of stand grown trees in the tree canopy site plan and supplemental report of a previously approved urban forestry plan.(Ord. 17 22 §2) 18.520 Significant Tree Groves Page 9 of 11 EXHIBIT A Adopted Code Amendment Application • I • procedure, as provided in Section 18.710.050, using the approval criteria in Subsection 18.520.070.C. B. E ptions. The following are exempt from the Type 1 modification to the urban forestry plan component of an approved land use application: 1. Removal of any tree shown as preserved-in the-tree canopy site plan and supplemental report of a previously approved urban forestry plan provided: report requirements in the Urban Forestry Manual) of the tree has changed to a rating of less than 2; and b. A revised tree canopy site plan and supplemental report arc submitted for review and approval prior to removal that reflect the proposed changes to the previously approved urban forestry plan. The revised tree canopy site plan and supplemental report-must demonstrate preservation, or payment of a tree canopy fee in lieu of planting or preservation. 2. Modification of the quantity, location,or species of trees to be planted in the tree canopy site plan and supplemental report of a previously approved urban forestry plan provided: modification is proposed; and e,--A—revised tree canopy site plan and supplemental report are submitted for review and approval prior to planting that reflect the proposed changes to the previously approved urban forestry plan. tree canopy site plan, and supplemental report of a previously approved urban forestry plan the tree protection fencing describing how the proposed modification will continue to protect the viability of the trees shown as preserved in the previously approved urban forestry plan; and 18.520 Significant Tree Groves Page 10 of 11 EXHIBIT A Adopted Code Amendment fencing that reflect the proposed modifications to the previously approved urban forestry plan. d. Modification of any other site elements that do not require any modification of the tree protection fencing location or trees to be planted or preserved in the tree preservation and removal site plan, tree canopy site plan, and supplemental report of a previously approved urban forestry plan;and 5. Maintenance of any trees in compliance with tree care industry standards. C. Approval criteria. The approval authority will approve or approve with conditions the modification to the urban forestry plan component of an approved land use application when all of the following aro met: I. The project arborist or landscape architect has provided a report and statement certifying that the previously approved urban forestry plan did not account for the circumstances that 1 ad to the proposed modification; 2. The project arborist or landscape architect has provided a report and statement certifying that there is no practicable alternative to the proposed modification; and 3. The project arborist or landscape architect demonstrates through a revised urban forestry plan, compliance with Section 18.520.030. (Ord. 17 22 §2) 18.520 Significant Tree Groves Page 11 of 11 EXHIBIT A Adopted Code Amendment Chapter 18.715 ADJUSTMENTS Sections: 18.715.010 Purpose 18.715.020 Applicability 18.715.030 General Provisions 18.715.040 Approval Process 18.715.050 Approval Criteria 18.715.010 Purpose The purpose of this chapter is to provide an appropriate and efficient review process for granting relief from the specific requirements of this title to allow reasonable development or prevent undue hardship. Adjustments are intended to provide limited flexibility for development to address the requirements of this title through alternative or innovative means. 18.715.020 Applicability A. Applicability. This chapter applies to all proposals to adjust an existing requirement of this title. All requirements, such as development or design standards, may be adjusted except as provided in Subsection 18.715.020.B or where specifically provided for elsewhere in this title, such as in Chapter 18.660,Tigard Triangle Plan District. B. Prohibited adjustments.Adjustments are prohibited in the following situations: 1. To allow a primary or accessory use that is prohibited; 2. To change or eliminate a regulation that contains an express prohibition; 3. To change or eliminate a threshold for a review; 4. To change or eliminate any part of an approval process,including approval periods; 5. To change a definition,a method of measurement,or the description of a use category; 6. To change or eliminate any regulations in Chapter 18.510,Sensitive Lands; or 7. To change the required density for a housing type in a residential zone. 18.715.030 General Provisions A. An applicant may seek relief from the specific requirements of this title through one of two types of adjustments. An applicant may either demonstrate that a proposed adjustment will result in development that is in substantial compliance with this title or that a hardship exists and a proposed adjustment is necessary to preclude all reasonable economic use of the property. B. Multiple adjustment proposals will be processed concurrently. 18.715 Adjustments Page 1 of 2 EXHIBIT A Adopted Code Amendment 18.715.040 Approval Process An application for an adjustment is processed through a Type II procedure as provided in Section 18.710.060,using approval criteria in Section 18.715.050. 18.715.050 Approval Criteria The approval authority will approve or approve with conditions an adjustment application when all of the criteria in either Subsection 18.715.050.A or B are met. A. Criteria for demonstrating substantial compliance. 1. The proposed adjustment results in development that is generally consistent with the purpose of the development standard to be adjusted; 2. If more than one adjustment is proposed, the cumulative effect of the adjustments results in development that is generally consistent with the existing development pattern of the surrounding area and the overall purpose of the base zone; 3. The proposed adjustment utilizes innovative design, results in sustainable development, or addresses a site constraint or unusual situation; 4. The proposed adjustment does not have a greater impact on city-designated sensitive lands than would otherwise occur if the adjustment was not approved; and 5. Any impacts from the proposed adjustment are mitigated to the extent practicable. B. Criteria for demonstrating hardship. 1. Application of the development standard proposed for adjustment would preclude all reasonable economic use of the property; 2. The need for the proposed adjustment is the result of conditions or circumstances outside the control of the applicant or property owner; 3. The proposed adjustment results in development that equally or better meets the purpose of the development standard to be modified;and 4. Any impacts from the proposed adjustment are mitigated to the extent practicable. 18.715 Adjustments Page 2 of 2 EXHIBIT A Adopted Code Amendment Chapter 18.740 CONDITIONAL USES Sections: 18.740.010 Purpose 18.740.020 Applicability 18.740.030 General Provisions 18.740.040 Approval Process 18.740.050 Approval Criteria 18.740.060 Conditions of Approval 18.740.070 Pre-Existing Conditional Uses 18.740.080 Discontinuation of Existing Conditional Uses 18.740.010 Purpose The purpose of this chapter is to provide an appropriate review process for evaluating and establishing conditional uses to ensure that they are appropriately located within the community,reasonably compatible with surrounding uses,and advancing the community's vision to become a walkable,healthy,and inclusive city. Conditional uses are not allowed by right.Although they may serve important public and private interests, conditional uses are subject to conditional use review because their size,operation,or characteristics require case-by-case evaluation to identify and mitigate impacts to surrounding properties,public facilities,or the environment. A conditional use approval does not constitute a zone change and is subject to any modifications,conditions, or restrictions deemed appropriate by the approval authority. 18.740.020 Applicability This chapter applies to all new or existing uses identified in this title as conditional uses. 18.740.030 General Provisions A. Conditional use approval is required to establish a new conditional use or to substantially redevelop an existing conditional use. Substantial redevelopment is defined as a proposal that involves substantial changes to uses, structures,site improvements,operating characteristics,or original findings of fact. B. Conditional use approvals do not expire once utilized, except through discontinuation as described in Section 18.740.080. C. Conditional use approvals or existing conditional uses may be modified as allowed by Chapter 18.765, Modifications. 18.740.040 Approval Process A conditional use application is processed through a Type III-HO procedure as provided in Section 18.710.070,using approval criteria in Subsection 18.740.050. 18.740 Conditional Uses Page 1 of 3 EXHIBIT A Adopted Code Amendment 18.740.050 Approval Criteria The approval authority will approve or approve with conditions a conditional use application when all of the following criteria are met: A. The characteristics of the site are suitable for the proposed use considering size, shape, location. topography,and natural features. B. The operating and physical characteristics of the proposed use are reasonably compatible with surrounding properties,public facilities,or sensitive lands. C. Any impacts from the proposed use are mitigated to the extent practicable. D. The proposed use is located and designed to support pedestrian access, safety, and comfort on and adjacent to the site where practicable. E. The proposed use complies with all applicable development standards and requirements of this title, except where an adjustment has been approved. F. Adequate public facilities are available to serve the proposed use at the time of occupancy. 18.740.060 Conditions of Approval The approval authority may impose conditions of approval on the proposed use that are suitable and necessary to ensure compatibility with surrounding properties, protect the public from adverse impacts,or advance the community's vision to become a walkable,healthy,and inclusive city.Conditions may include but are not limited to the following: A. Limiting the hours,days,place,and manner of operation. B. Requiring design features that minimize adverse operational impacts such as those caused by noise, vibration,air pollution,glare,odor, and dust. C. Requiring the protection and preservation of existing trees,vegetation, land forms,and habitat areas. D. Requiring a front. rear,or side setback larger than that required by the base zone or plan district. E. Limiting building height, size,or location or limiting lot coverage. F. Limiting or otherwise designating the size,number,or location of vehicle access points. G. Requiring pedestrian access within the development and between the development and the surrounding community. H. Requiring additional landscaping or screening of structures,off-street parking, or service areas. I. Limiting or otherwise designating the location, intensity,and shielding of outdoor lighting. J. Requiring and designating the size,height, location,and materials of fences. 18.740 Conditional Uses Page 2 of 3 EXHIBIT A Adopted Code Amendment 18.740.070 Pre-Existing Conditional Uses A. A pre-existing conditional use is any established use currently identified in this title as a conditional use where the use was not initially subject to city regulations when established,but became subject to city regulations through annexation or incorporation. A pre-existing conditional use is the same as an approved conditional use for purposes of this chapter. B. A pre-existing conditional use is not a nonconforming use and is therefore not subject to the provisions of Chapter 18.50, Nonconforming Circumstances. However, any nonconforming development associated with a pre-existing conditional use is subject to the provisions of Chapter 18.50, Nonconforming Circumstances. 18.740.080 Discontinuation of Existing Conditional Uses A conditional use automatically loses its conditional use status when either of the following occurs: A. The property owner replaces the conditional use with a use allowed by right or obtains approval to establish a different conditional use;or B. The conditional use is discontinued for more than one year. Calculation of the one-year period begins on the date of whichever following event occurs first: 1. The conditional use physically vacates the location where it was approved to operate; 2. The conditional use ceases to provide the service or activity that was the subject of the conditional use approval; 3. The lease or contract allowing the conditional use to operate at the approved location is terminated; or 4. A final reading of the water or power meter serving the conditional use is made by the applicable utility provider. 18.740 Conditional Uses Page 3 of 3 EXHIBIT A Adopted Code Amendment Chapter 18.745 EXTENSIONS Sections: 18.745.010 Purpose 18.745.020 Applicability 18.745.030 General Provisions 18.745.040 Approval Process 18.745.050 Approval Criteria 18.745.010 Purpose The purpose of this chapter is to provide an appropriate and efficient review process for extending the time period during which land use approvals are valid and may be utilized. 18.745.020 Applicability A. This chapter applies to all approved land use applications that are subject to expiration as described in Subsection I8.20.040.G but have not yet expired. B. This chapter does not apply to approved land use applications that are expired or where an extension is prohibited or otherwise specified in another chapter of this title. 18.745.030 General Provisions A. An approved land use application is eligible for one extension. B. A complete extension application must be submitted prior to the expiration date of the original approval, but no earlier than 6 months in advance of the expiration date. C. An extension application may not include a proposal to modify the original application or any conditions of approval. D. If an extension is approved, the expiration date for the original approval is extended an additional 2 years from the effective date of the original approval. E. If the original approval included multiple applications, a single extension application may include all applications associated with the original approval. 18.745.040 Approval Process A. If the original approval was processed through a Type I procedure,an extension application is processed through a Type I procedure as provided in Section 18.710.050, using approval criteria in Section 18.745.050. B. If the original approval was processed through a Type II or Type III procedure,an extension application is processed through a Type II procedure as provided in Section 18.710.060,using approval criteria in Section 18.745.050. 18.745 Extensions Page 1 of 2 EXHIBIT A Adopted Code Amendment 18.745.050 Approval Criteria The approval authority will approve an extension application when all of the following criteria are met: A. A good faith effort was made to utilize the approval within the specified time period and the need for the extension is the result of conditions or circumstances outside the control of the applicant or property owner;and B. If the original application included a transportation impact study or a sensitive lands report,an updated report was provided with the extension application that showed no significant changes on or near the development site. A letter from a recognized professional satisfies this criterion if it states that conditions have not changed since the approval of the original application and no new analysis is warranted. 18.745 Extensions Page 2 of 2 EXHIBIT A Adopted Code Amendment Chapter 18.765 MODIFICATIONS Sections: 18.765.010 Purpose 18.765.020 Applicability 18.765.030 Review Type Determination 18.765.040 General Provisions 18.765.050 Allowed Modifications 18.765.060 Minor Modifications 18.765.070 Major Modifications 18.765.010 Purpose The purpose of this chapter is to provide an appropriate and efficient review process for evaluating modifications to existing developments or land use approvals. 18.765.020 Applicability A. This chapter applies to all proposals to modify an existing or proposed use, structure, site improvement, or condition of approval—for existing developments or land use approvals—when initially approved through one of the land use applications listed below: 1. Conditional uses, 2. Planned developments, 3. Site development reviews,or 4. Subdivisions and land partitions. B. This chapter also applies to all proposals to modify an existing development that was not subject to city approval when developed but would be subject to city approval, through one of the land use applications listed in Paragraph 18.765.020.A.1 through 4 above, if proposed for development under current city regulations. C. This chapter does not apply to proposals to modify a condition of approval where the modification is subject to the provisions of Paragraph 18.20.040.E.4. D. This chapter does not apply to proposals to modify an urban forestry plan where the modification is subject to the provisions of Subsection 18.420.060.F. 18.765.030 Review Type Determination A. The director will determine the most appropriate review type for the proposed modification. In addition to Subsection 18.710.040.D,the director's determination will consider whether the proposed modification involves any of the following: 1. Application of clear and objective standards or approval criteria; 18.765 Modifications Page 1 of 6 EXHIBIT A Adopted Code Amendment 2. Application of discretionary standards or approval criteria; 3. Exercise of professional judgment about technical issues; or 4. Exercise of limited discretion. B. Allowed modifications involve the application of clear and objective standards that do not require the exercise of professional judgment about technical issues. These modifications do not require land use review. C. Minor modifications involve the exercise of professional judgment about technical issues as they relate to the application of clear and objective or discretionary standards or approval criteria. These modifications require Type I land use review. D. Major modifications involve the exercise of limited discretion as they relate to the application of clear and objective or discretionary standards or approval criteria. These modifications require Type II land use review. 18.765.040 General Provisions A. A minor or major modification land use review is limited in scope to an evaluation of the modification's compliance with applicable standards and the degree of impact,if any,on surrounding properties,sensitive lands,or public facilities. B. A proposed modification involving a nonconforming use or development is subject to the provisions of Chapter 18.50,Nonconforming Circumstances,in addition to the provisions of this chapter. C. A proposed modification that constitutes substantial redevelopment, as determined by the director, requires submittal of a new land use application rather than a modification application. Substantial redevelopment is defined as a modification that involves substantial changes to uses, structures, site improvements,operating characteristics,or original findings of fact. 18.765.050 Allowed Modifications A. Definition. An allowed modification has the following characteristics: 1. It has negligible impacts on surrounding properties,sensitive lands,or public facilities; 2. It does not cause the development to go out of conformance with any applicable standard or further out of conformance if already nonconforming, except where an adjustment has been approved;and 3. It does not alter or contravene any condition of approval. B. Examples. Examples of allowed modifications include,but are not limited to,the following: 1. Increase in open space or landscaping. 2. Interior building modification or change of use that does not require the application of a higher parking quantity requirement. 18.765 Modifications Page 2 of 6 EXHIBIT A Adopted Code Amendment 3. Exterior building facade modification that does not require the application of any design standard. 4. Installation of mechanical equipment that does not involve the removal of any parking spaces or landscaping and where screening standards are met as provided in the applicable development standards chapter in 18.200 Residential Development Standards or 18.300 Nonresidential Development Standards. 18.765.060 Minor Modifications A. Definition.A minor modification has the following characteristics: 1. It has minimal impacts on surrounding properties,sensitive lands,or public facilities;and 2. It does not cause the development to go out of conformance with any applicable standard or further out of conformance if already nonconforming, except where an adjustment has been approved. B. Examples. Examples of minor modifications include,but are not limited to,the following: 1. Interior building modification or change of use that requires the application of a higher parking quantity requirement. 2. Exterior building facade modification that requires the application of a design standard. 3. Change of use to a restricted use. 4. Change to the site that results in a change in the number or configuration of parking spaces. 5. Minor decrease in open space or landscaping. C. Approval process. A minor modification application is processed through a Type I procedure as provided in Section 18.710.050,using approval criteria in Subsection 18.765.060.D. D. Approval criteria. The approval authority will approve or approve with conditions a minor modification application when all of the following criteria are met: 1. The proposed modification qualifies as a minor modification as defined in Subsection 18.765.060.A; 2. If the proposal involves the modification of a condition of approval, at least one of the following criteria is met: a. The condition cannot be implemented for reasons outside the control of the applicant or property owner; b. The condition is no longer needed or warranted because circumstances have changed;or c. A new or modified condition better accomplishes the purpose of the original condition. 18.765 Modifications Page 3 of 6 EXHIBIT A Adopted Code Amendment 18.765.070 Major Modifications A. Definition.A major modification has the following characteristics: 1. It has more than minimal impacts on surrounding properties, sensitive lands, or public facilities but does not qualify as substantial redevelopment as defined in Subsection 18.765.040.C; and 2. It does not cause the development to go out of conformance with any applicable standard or further out of conformance if already nonconforming, except where an adjustment has been approved. B. Examples. Examples of major modifications include,but are not limited to,the following: 1. Addition of an accessory use associated with a conditional use. 2. An increase in residential density other than the addition of an accessory dwelling unit. 3. Major decrease in open space or landscaping. C. Approval process. A major modification application is processed through a Type II procedure as provided in Section 18.710.050,using approval criteria in Subsection 18.765.070.D. D. Approval criteria. The approval authority will approve or approve with conditions a major modification application when all of the following are met: 1. The proposed modification qualifies as a major modification as defined in Subsection 18.765.070.A; 2. The operating and physical characteristics of the modified development are reasonably compatible with surrounding properties,sensitive lands,or public facilities; 3. Any impacts from the proposed modification are mitigated to the extent practicable; 4. If the proposed modification involves development that has nonconforming structures or site improvements and exceeds the project valuation threshold listed in the city's Master Fees and Charges Schedule, the development will be improved as required by Subsection 18.765.070.E; and 5. If the proposal involves the modification of a condition of approval, at least one of the following criteria is met: a. The condition cannot be implemented for reasons outside the control of the applicant or property owner; b. The condition is no longer needed or warranted because circumstances have changed; or c. A new or modified condition better accomplishes the purpose of the original condition. E. Modifications to nonconforming development. The purpose of these provisions is to require existing development with nonconforming structures or site improvements to come into conformance with city standards gradually as structures or site improvements are modified over time. These provisions 18.765 Modifications Page 4 of 6 EXHIBIT A Adopted Code Amendment also give applicants the choice of making improvements that support pedestrians—in lieu of making improvements to come into conformance—in order to advance Tigard's vision to become a walkable, healthy,and inclusive city. 1. Development with nonconforming structures or site improvements is required to come closer or fully into conformance with all applicable development standards when the total project valuation of all proposed modifications equals or exceeds the amount listed in the city's Master Fees and Charges Schedule.The method for calculating total project valuation is as follows: a. The total project valuation is based on the entire project and not individual development permits; and b. The following modifications do not count toward the total project valuation: i. Modifications to comply with fire and life safety requirements. ii. Modifications to comply with applicable federal and state accessibility requirements. iii. Modifications to improve seismic resiliency in conformance with state building codes. iv. Modifications to improve or enlarge on-site stormwater management facilities in conformance with Clean Water Services and City of Tigard standards. v. Modifications related to the installation of solar panels. vi. Modifications to remove or remediate hazardous substances. 2. The applicant must demonstrate that a minimum of 10 percent of the total project valuation is being used to bring the development closer into conformance with all applicable development standards,except where: a. The expenditure of a lesser amount brings the development fully into conformance with all applicable development standards; b. No further improvements are practicable as determined by the director;or c. The cost to complete all required improvements exceeds 10 percent of the total project valuation, in which case the applicant must demonstrate that a minimum of 10 percent of the total project valuation is being used to bring the development closer into conformance with one or more development standards of the applicant's choosing. 3. The applicant must complete the improvements required by Paragraph 18.765.070.E.2 prior to final inspection or certificate of occupancy. 4. The applicant may choose to satisfy the requirements of Paragraph 18.765.070.E.2 by providing improvements that support pedestrians in lieu of bringing the development closer into conformance with all applicable development standards. a. Pedestrian improvements may be to existing structures, site improvements, or public rights- of-way; 18.765 Modifications Page 5 of 6 EXHIBIT A Adopted Code Amendment b. Pedestrian improvements must provide a new site or building element or enhance an existing site or building element. Improvements involving maintenance or repair of existing site improvements or structures do not satisfy this provision;and c. Pedestrian improvements must be located in the public right-of-way or within 20 feet of a street property line. Improvements must not contravene any applicable standard and must fall into one of the following categories: i. Pedestrian access and safety. Examples of access and safety improvements include: (1) building entrances that face a public sidewalk and provide direct pedestrian access to a public sidewalk; (2) paths that connect building entrances to public sidewalks using the shortest practicable route; (3) directional signage and lighting along paths that connect building entrances to public sidewalks; (4) wider sidewalks to further separate pedestrians from vehicle travel lanes; and (5) landscape strips or street trees to buffer pedestrians from vehicle travel lanes. ii. Pedestrian comfort. Examples of comfort improvements include: (1) awnings over building entrances or windows for weather protection; (2) furnishings such as decorative trash cans or benches; and(3) installation of approved trees in the right-of-way or along the street property line to further separate pedestrians from parking areas or vehicle travel lanes and to provide weather protection. iii. Visual interest. Examples of improvements that provide visual interest include: (1) more or larger building windows that face a public sidewalk and provide building transparency for pedestrians; (2)pedestrian-scale architectural features such as window trim, awnings, wall trellises, or any permanent feature that reduces the visual impact of blank, flat, or long building walls; and (3) screening of parking or service areas with vegetation or decorative fencing or walls. 18.765 Modifications Page 6 of 6 EXHIBIT A Adopted Code Amendment Chapter 18.770 PLANNED DEVELOPMENTS Sections: 18.770.010 Purpose 18.770.020 Applicability 18.770.030 General Provisions 18.770.040 Required Analysis 18.770.050 Approval Process 18.770.060 Approval Criteria 18.770.070 Conditions of Approval 18.770.010 Purpose The purpose of this chapter is to provide an appropriate review process for evaluating and establishing planned developments. Planned developments are typically large-scale developments or smaller developments on constrained sites that desire or need more flexibility than available through the adjustment process.The benefits of flexibility to a planned development may take many forms, including but not limited to the transfer of density across internal zone boundaries, greater diversity of housing types and uses,increased building height,or increased density. The planned development review process provides an opportunity for innovative, creative, and well- designed developments that may be more intense than otherwise allowed by this title in exchange for developments that are thoughtfully integrated into the surrounding community and include features that benefit the public above and beyond what is generally required by this title. The benefits to the public from a planned development may take many forms, including but not limited to enhanced walkability or accessibility, increased housing options, increased open space, protection of significant tree groves, enhanced sensitive lands protection or restoration, enhanced outdoor recreational opportunities, enhanced public spaces or furnishings, pedestrian-scale architectural features, affordable housing, or sustainable features. A planned development approval does not constitute a zone change and is subject to any modifications, conditions,or restrictions deemed appropriate by the approval authority. 18.770.020 Applicability This chapter applies to all proposed or existing planned developments. 18.770.030 General Provisions A. Planned development review is a voluntary process. B. Planned development approval is required to establish a new planned development or to substantially redevelop an existing planned development. Substantial redevelopment is defined as a proposal that involves substantial changes to uses, structures, site improvements, operating characteristics, or original findings of fact. C. An applicant may choose to submit a single consolidated planned development application or two consecutive planned development applications consisting of a concept plan application and a detailed plan application. 18.770 Planned Developments Page 1 of 6 EXHIBIT A Adopted Code Amendment D. The proposed development must comply with all applicable development standards and requirements of this title, except as specifically adjusted through the planned development approval process. Planned development review satisfies the requirements for site development or conditional use review and a separate site development,conditional use,or adjustment application is not required. E. If sensitive lands review is required, a sensitive lands application must be submitted concurrently with a consolidated or detailed plan application. A sensitive lands application may not be submitted concurrently with a concept plan application. F. If land division is proposed, a subdivision or land partition application must be submitted concurrently with a consolidated or detailed plan application. A subdivision or land partition application may not be submitted concurrently with a concept plan application. G. If the proposed development has more than one base zone designation, density and floor area standards are calculated for each base zone as provided by this title. H. Density and floor area allocations and increases allowed with planned development approval are as follows: 1. Minimum density and floor area may be allocated anywhere on the site regardless of the underlying base zone designation. 2. Maximum density and floor area may be increased subject to the limitation of Subparagraph 18.770.060.B.10.b. I. Uses and housing types allowed with planned development approval are based on the underlying zoning as follows: 1. Residential zones. All housing types and civic uses are allowed. Commercial uses not allowed by the underlying base zone may be allowed where appropriately located,designed,and scaled. 2. Commercial zones. Apartments and civic uses not allowed by the underlying base zone may be allowed where appropriately located,designed,and scaled. 3. Industrial zones. No additional uses are allowed beyond what is allowed in the applicable base zone. J. The following development standards may not be adjusted with planned development approval: 1. Minimum density or minimum floor area ratio. 2. Maximum parking ratio. 3. Any development standard that contains an express prohibition. K. Planned development approvals may not adjust the items listed in Paragraph 18.715.020.B.2—6. L. Planned development approvals may be modified as allowed by Chapter 18.765,Modifications. 18.770 Planned Developments Page 2 of 6 EXHIBIT A Adopted Code Amendment 18.770.040 Required Analysis In addition to the submittal requirements in Paragraph 18.710.030.C.3, a consolidated or concept plan application must include the information listed below. The graphic illustrations must adequately demonstrate the required information. Examples of graphic illustrations include,but are not limited to,the following: maps, site plans, massing studies, elevation drawings, photo simulations, and digitally created 3-dimensional drawings. Manually created artistic renderings are usually not adequate on their own to illustrate the required information. A. Proposal summary. A written description and graphic illustration of the planned development proposal with enough specificity to convey the overall land use pattern, development scale, circulation network, and housing types and densities. The description must include a statement about the planning objectives to be achieved by the proposal and why the applicant believes the public benefits from the proposal are sufficient to warrant the type and amount of flexibility requested. B. Flexibility request. A detailed written description of all proposed adjustments to development standards and the reason for each proposed adjustment. The description must be accompanied by professional studies or analyses as needed to adequately support the reason for each proposed adjustment. The description must also include a table that lists each applicable development standard and the associated proposed standard in a side-by-side column format. C. Public benefits proposal. A detailed written description of all proposed public benefits. The description must be accompanied by drawings,plans,or details as needed to convey the location, size, and overall nature of each public benefit. Public benefits include features, amenities, or protections that in some way exceed the minimum standards of this title to the benefit of the general public or planned development users. D. Environmental analysis. A written description and graphic illustration of the relationship between the planned development proposal and any existing natural features on the site. The description and illustration must explain how the proposal addresses any existing sensitive lands, significant tree groves, land forms, or other natural features on the site. E. Compatibility analysis. A written description and graphic illustration of the relationship between the planned development proposal and the surrounding community. The description and illustration must explain how the proposal integrates with and responds to existing development patterns through a discussion about the arrangement, location, and massing of all proposed buildings, uses, and site improvements, including streets and paths. F. Land use analysis. A detailed written description that demonstrates the need for or benefit of any civic or commercial uses proposed in a residential zone or civic or residential uses proposed in a commercial zone where not allowed in the underlying base zone. The description must be accompanied by professional 18.770 Planned Developments Page 3 of 6 EXHIBIT A Adopted Code Amendment studies or analyses as needed to adequately support the proposed land uses. The description must also include a table that lists each proposed land use category by location. G. Impact identification. A detailed written description of the impacts of the planned development proposal on adjacent properties or the surrounding community that would not occur if the site developed without a planned development approval. If impacts exist, the description must include a detailed mitigation proposal where practicable. 18.770.050 Approval Process A. A consolidated planned development application is processed through a Type III-PC procedure as provided in Section 18.710.070,using approval criteria in Subsection 18.770.060.A. B. A consecutive planned development submittal involves two separate applications. 1. A concept plan application is processed through a Type III-PC procedure as provided in Section 18.710.070, using approval criteria in Subsection 18.770.060.B.A concept plan approval must be effective prior to the submittal of a detailed plan application. 2. A detailed plan application is processed through a Type II procedure as provided in Section 18.710.060, using approval criteria in Subsection 18.770.060.C, unless the concept plan approval authority specifies a different review procedure as a condition of concept plan approval. 18.770.060 Approval Criteria A. Consolidated planned development. The approval authority will approve or approve with conditions a consolidated planned development application when all of the following criteria are met: 1. All concept plan approval criteria listed in Subsection 18.770.060.B are met. 2. Adequate public facilities are available to serve the proposed development at the time of occupancy. B. Concept plan. The approval authority will approve or approve with conditions a concept plan application when all of the following criteria are met: 1. The information and analysis required by Section 18.770.040 is sufficiently detailed and of high enough quality to effectively evaluate the proposed development. 2. The characteristics of the site are suitable for the proposed development considering size, shape, location,topography,and natural features. 3. The proposed development is reasonably compatible with and thoughtfully integrated into the surrounding community. 4. The proposed development includes features, amenities, or protections that exceed the minimum standards of this title to the benefit of the general public or planned development users, and the proposed benefits are sufficient to warrant the type and amount of development flexibility requested. 18.770 Planned Developments Page 4 of 6 EXHIBIT A Adopted Code Amendment 5. The streets, buildings, and site improvements of the proposed development are designed and located to preserve existing, healthy, and noninvasive trees and tree groves to the greatest extent possible. 6. The streets, buildings, and site improvements of the proposed development are designed and located to preserve all natural drainages to the greatest extent possible,except where the applicant has demonstrated that modifying a natural drainage results in the same or better environmental function as the existing drainage. 7. Any impacts from the proposed development are mitigated to the extent practicable. 8. The city engineer has determined that any adjustments to street or access standards do not result in unsafe conditions. 9. The proposed development complies with all applicable development standards and requirements of this title,except as adjusted through this approval process. 10. The proposed development is within the following limits: a. Maximum building height may be increased by up to 50 percent. b. Maximum density or floor area may be increased by up to 30 percent. c. Minimum landscape area may be reduced down to 10 percent. C. Detailed plan. The approval authority will approve or approve with conditions a detailed plan application when all of the following criteria are met: 1. The proposed detailed plan is substantially consistent with the approved concept plan. 2. The proposed detailed plan complies with all applicable development standards and requirements of this title,except as adjusted or conditioned through the concept plan approval process. 3. Adequate public facilities are available to serve the proposed development at the time of occupancy. 18.770.070 Conditions of Approval The approval authority may impose conditions of approval that are suitable and necessary to ensure that the consolidated or concept plan proposal is consistent with the purpose of this chapter as embodied by the approval criteria listed in Subsections 18.770.060.A and B.Conditions may include but are not limited to the following: A. Requiring design features that minimize environmental impacts. B. Limiting building height,size,or location. C. Requiring higher quality materials or building design. D. Requiring open space,public spaces, or community amenities. 18.770 Planned Developments Page 5 of 6 EXHIBIT A Adopted Code Amendment E. Requiring separation or screening of uses,buildings,off-street parking areas,or service areas from public spaces or adjacent uses. F. Requiring separation or screening of private residential spaces from public spaces or adjacent uses. G. Requiring pedestrian access within the development and between the development and the surrounding community. H. Requiring pedestrian-oriented design features such as building awnings,ground floor windows and entries,or street-facing facades. I. Limiting or otherwise designating the size,number,or location of vehicle access points. J. Limiting or otherwise designating the location,intensity,and shielding of outdoor lighting. 18.770 Planned Developments Page 6 of 6 EXHIBIT A Adopted Code Amendment Chapter 18.780 SITE DEVELOPMENT REVIEWS Sections: 18.780.010 Purpose 18.780.020 Applicability 18.780.030 General Provisions 18.780.040 Approval Process 18.780.050 Approval Criteria 18.780.010 Purpose The purpose of this chapter is to provide an appropriate and efficient review process for ensuring compliance with the standards and provisions of this title that effectively coordinates the city's land use and development review functions. 18.780.020 Applicability A. This chapter applies to the following types of development, except as provided in Subsections 18.780.020.B and C below: 1. Apartments. 2. Cottage clusters. 3. Courtyard units. 4. Mobile home parks. 5. Quads. 6. Rowhouses. 7. Wireless communication facilities. 8. Nonresidential developments, including mixed-use developments. B. This chapter does not apply to development that is specifically exempted from site development review by another chapter of this title. C. This chapter does not apply to development that requires or proposes review through the conditional use or planned development review process. 18.780.030 General Provisions A. Site development approval is required to develop a vacant site or to substantially redevelop an existing developed site. Substantial redevelopment is defined as a proposal that involves substantial changes to uses,structures,site improvements, operating characteristics,or original findings of fact. B. Site development approvals may be modified as allowed by Chapter 18.765, Modifications. 18.780 Site Development Reviews Page 1 of 2 EXHIBIT A Adopted Code Amendment 18.780.040 Approval Process A. Residential developments. 1. A site development review application is processed through a Type 1 procedure as provided in Section 18.710.050,using approval criteria in Subsection 18.780.050,when a transportation impact study is not required by Chapter 18.910,Improvement Standards. 2. A site development review application is processed through a Type II procedure as provided in Section 18.710.060,using approval criteria in Subsection 18.780.050,when a transportation impact study is required by Chapter 18.910,Improvement Standards. B. Wireless communication facilities and nonresidential developments. A site development review application is processed through a Type II procedure as provided in Section 18.710.060,using approval criteria in Subsection 18.780.050. 18.780.050 Approval Criteria The approval authority will approve or approve with conditions a site development review application when all of the criteria listed below are met. These criteria broadly reference all chapters in this title that contain standards that may apply to the development.The city will identify which standards are applicable through the land use review process and evaluate the proposed development accordingly. A. The proposed development complies with all applicable base zone standards. B. The proposed development complies with all applicable residential and nonresidential development standards. C. The proposed development complies with all applicable supplemental development standards, including but not limited to off-street parking and landscaping standards. D. The proposed development complies with all applicable special designation standards, including but not limited to sensitive lands protection. E. The proposed development complies with all applicable plan district standards and requirements. F. The proposed development complies with all applicable street and utility standards and requirements. 18.780 Site Development Reviews Page 2 of 2 EXHIBIT A Adopted Code Amendment OMNIBUS AMENDMENTS Chapter 18.10 LEGAL FRAMEWORK 18.10.060 Special Designations A. Overlay zones. The following overlays are established in the city: Table 18.10.2 Overlay Zones Overlay Zone Name Zone Abbreviation Regulating Chapter Historic Over-tayResource HRO 18.750 Planned Development PD 18.770 Chapter 18.30 DEFINITIONS 18.30.010 List of Terms -A- Accessory Building/Structure Active Use Facilities See Open Space Facility Related Definitions -D- Drive-Through ServiceFacility Duplex See Dwelling Related Definitions Dwelling-Related Definitions: • Duplex -F- Final ActionDecision Floor Area Ratio (FAR) -G- Garage Garage Setback -L- Lot-Related Definitions: • Substandard Lot -M- Minimal Use Facilities See Open Space Facility Related Definitions Omnibus Amendments Page 1 of 88 EXHIBIT A Adopted Code Amendment -0- Open Space Facility Related Definitions: • Active Use Facilities • Minimal Use Facilities • Passive Use Facilities -P- Path-See Transportation-Related Definitions Public Infrastructure-See Wireless Communication Facilities-Related Definitions -S- -1'- Tim'House-See Dwelling-Related Definitions Transportation-Related Definitions: • Alley • Bike Lane • Bikeway • RathPath -W- Wireless Communication Facility-Related Definitions: • Non-tower • Tower 18.30.020 Definitions As used in this title and corresponding administrative rules,terms and phrases are defined as provided in this Section. For additional definitions, see Chapter 18.60, Use Categories; Chapter /8.435, Signs; and Chapter 18.510,Sensitive Lands. A."A"definitions. 7. "Addition" - A modification to an existing building or structure that increases its height, square footage,or lot coverage.A structure is considered an addition only when it shares a common wall and is structurally dependent on the primary structure. See also "Aaccessory structure" and "common wall.'Common wall". B."B"definitions. 8. "Building height" - The exterior vertical measurement of a building. See Section 18.40.040; Measuring Height. 9. "Building permit" - Written permission issued by the proper municipal authority for the construction, repair, alteration, or addition to a structure. Also see "development permit.'Development Permit". Omnibus Amendments Page 2 of 88 EXHIBIT A Adopted Code Amendment D. "D" definitions. 8. "Development permit" - Any permit, such as building, site work, or construction of public improvements, issued by the city's building department for actions authorized under this title. Land use approval is required prior to the issuance of development permits for some actions. 12. "Drive-through servicefacility" -A use€acility or structure that is designed and intended to allow drivers to remain in their vehicles before and during participation in an activity on the site. F. "F"definitions. 87-1-. "Floor area" -The gross horizontal area,under a roof,of all floors of a building or structure. See Section 18.40.100. 972. "Floor area ratio (FAR)" - The floor area of all buildings and structures on a lot divided by the total lot area. See Section 18.40.110. 107."Frontage" -That portion of a development site that abuts a public or private street. G."G" definitions. 2. "Garage setback"- The horizontal distance from a property line or public access easement to the nearest portion of a garage door or carport entrance designed for vehicle access, whichever is shorter. For purposes of measurement, a carport entrance is the vertical plane between the ground and the outermost edge of the roof 32. "Glare" L. "L" definitions. 3. "Landscaping" -Areas primarily devoted to plantings,trees,plantsshrubs, lawn,and lawn with or without . . .. . . - . • other natural or artificial landscaping elementssupplements such as water courses, ponds, fountains, decorative lighting, benches, bridges,rocks ,pathways, sculptures,trellises,ardor screens. 7. Lot-related definitions: d. "Flag lot" -A lot with less than 25 feet of frontage and two distinct parts:the flag,which is the only area to accommodate a structure and is located behind a frontage lot; and the pole,which connects the flag to the street and provides the only access and street frontage for the lot. The pole can either be part of the rear lot or granted as an casement from the front lot. A flag lot may only be created through a lot line adjustment,lot consolidation, or partition process. e. "Front lot line" - In the case of an interior lot, a property line that abuts the street; in the case of a corner lot, the shortest of the two property lines that abut the street;, except a property owner may choose which property line to identify as the front lot line where both street property lines are 75 feet or more in length; except where the nafrowest side of a lot is a minimum of 75 feet there may be a choice of frontage or in the case of a through lot, the property line that abuts the street with the lowest classification. Omnibus Amendments Page 3 of 88 EXHIBIT A Adopted Code Amendment h. "Lot averaging" -A design technique pefmifting that allows one or more lots in a subdivision to be undersized7pfevidifig provided that the average lot size of all lots in the subdivision is not less than that required by the applicable in the base zone. o. "Lot width" - The For lots with straight front lot lines, lot width is the horizontal distance between the side lot lines as measured at the minimum front setback point along each side lot line. For lots with curved front lot lines, lot width is the horizontal distance between the side lot lines as measured at the minimum front setback point perpendicular from the midpoint of the front lot line. See Section 18.40.060 and Subsection 18.40.080.B for measufing-let-width. O."0" definitions. 1. Open space facility related definitions.Open space facilities may be privately or publicly owned: related to the functions and values of a natural arca that require limited and low impact site - , -• " • - - , - . -•. _ • •_ .. • picnic shelters, swimming pools, hard and soft surface pathways, restrooms, and similar facilities. 45. "Outdoor storage"-The keeping of any goods,junk,material,merchandise or vehicles in the same place for more than 24 hours when not completely enclosed within a building or structure. 56. "Owner"-Any person,agent,firm,or corporation having legal or equitable interest in the property. R."R" definitions. 4. "Residence" -See "dwelling.""Dwelling". S."S" definitions. 1. "Setback"(front,rear,side,and street side,and garage entrance)-The fequired horizontal distance from a property line to the nearest vertical wall of a structure,fence,or other elements as defined by this title.Also see "garage setback." 4. "Square footage"-For lot square footage,see "gross lot area.""Gross lot area".For building square footage, see "floor area.""Floor area". T."T" definitions. 5. Transportation-related definitions: Omnibus Amendments Page 4 of 88 EXHIBIT A Adopted Code Amendment f."Road" -See "street.""Street." h. "Street"-A public or private accessway that is created to provide ingress or egress for vehicles to three or more lots,excluding a private way that is created to provide ingress or egress to such land in conjunction with the use of such land for forestry, mining, or agricultural purposes. Also see"Rrikht-of-way." 5. Tree-related definitions: a. "Caliper" -The tree care industry standard for measuring the trunk diameter of nursery stock. Caliper is the average diameter of the trunk of a nursery tree measured six inches above the ground for trunks less than or equal to an average of four inches in diameter(when measured six inches above ground). When the trunk of a nursery tree is greater than an average of four inches in diameter(when measured six inches above ground), caliper is the average diameter at 12 inches above ground.fsSee Figure 18.30.1). Omnibus Amendments Page 5 of 88 EXHIBIT A Adopted Code Amendment Chapter 18.40 MEASUREMENTS Sections: 18.40.010 Purpose 18.40.020 Net Development Area 18.40.030 Distances 18.40.040 Building Height 18.40.050 Building Facade Area 18.40.060 Lot Width,Lot Frontage,and Segmented Lot Lines 18.40.070 Setbacks 18.40.080 Flag Lots 18.40.090 Tree Diameter 18.40.100 Floor Area 18.40.110 Floor Area Ratio 18.40.120 Detached Accessory Dwelling Units 18.40.130 Residential Density 18.40.140 Window Area 18.40.040 Building Height A. Building height. The height of buildings is the vertical distance above the base point shown in Figures 18.40.6 and 18.40.7. The base point used is the method that yields the greater height of building. Methods to measure specific roof types are shown below and in Figure 18.40.5: 5. Stepped or terraced building: Measure to the highest point of any segment of the building. a. Base point 1 is the elevation of the highest adjacentadjoining sidewalk or ground surface within a 5-foot horizontal distance of the exterior wall of the building when such sidewalk or ground surface is not more than 10 feet above lowest grade. See Figure 18.40.6. Omnibus Amendments Page 6 of 88 EXHIBIT A Adopted Code Amendment 18.40.060 Lot Width,Lot Frontage,and Seuimented Lot Lines A. Lot width is measured from the front lot line as shown in the fiuiure below. Figure 18.40.10 Lot Width I I I I Minimum I I L front setback LOT Minimum tiO� point front < >6 Minimum front � _V setback . setback . point I I point • ` • /STREET STREET Front lot line midpoint Omnibus Amendments Page 7 of 88 EXHIBIT A Adopted Code Amendment B. Lot frontage is measured along the front lot line as shown in the figure below. Figure 18.40.11 Lot Frontage 1 I I I I I I t• • • FRONTAGE WIDTII I FRONTAGE WIDTH .< 1 ' ` �• '. STREET STREET I I I I I I I FRONTAGE WIDTH I >. — • — • STREET Omnibus Amendments Page 8 of 88 EXHIBIT A Adopted Code Amendment C. Segmented lot lines include one or more lateral changes in direction.A lateral change is measured by drawing a hypothetical straight line between opposing lot corners and measuring the horizontal distance between the hypothetical straight line and the furthest extent of the actual lot line perpendicular from the hypothetical straight line. Cumulative lateral changes are measured by repeating this process for each lateral change in direction and summing all the distances as shown in the figure below. Figure 18.40.12 Segmented Lot Lines . .I .i . \ Total lateral change in . . : EXHIBIT A Adopted Code Amendment Chapter 18.50 NONCONFORMING CIRCUMSTANCES 18.50.040 Criteria for Nonconforming Circumstances_Situations A. Nonconforming lots. 1. Except as provided in Paragraph 18.50.040.A.2 and Subsection 18.50.040.B and C, development of nonconforming lots and enlargement, enmodifcation, or reconstruction of uses on nonconforming lots are prohibited. 2. If a lot does not meet the minimum lot size standards... . ... . . ..-. ' .- • •• • _ - - •- -- - • - . :,the lot may: B. Nonconforming uses. 1. If a lawfully established use of land exists that would not be allowed by this title, the use may be continued provided: d. If the use is discontinued or abandoned for any reason for a period of six months, any subsequent use of land must conform to the regulations specified by this title for the base zone - - . • . , - - . :; and C. Nonconforming development. 1. Where a lawful structure or development exists that could not be built under the terms of this title by reason of restrictions on lot area, lot coverage, height, required parking, landscaping, or other requirements,such structure or development may remain and its use continued provided it remains otherwise lawful,and complies with the following: b. If a nonconforming structure, development, or nonconforming portion of a structure or development is destroyed by any means to an extent of more than 60 percent of its current value as assessed by the Washington County assessor, reconstruction is prohibited except in conformity with this title. This prohibition does not apply to single detached houses destroyed by accident. If a nonconforming single detached house is partially or totally destroyed by accident,such as by fire or earthquake,reconstruction is allowed;and c. If a structure or development is moved any distance for any reason, it must thereafter comply with all applicable development standards. •• . •- - • . •-• •- . -- - . : - :. - zone after it is moved. Omnibus Amendments Page 10 of 88 EXHIBIT A Adopted Code Amendment Chapter 18.60 USE CATEGORIES 18.60.020 Classification of Uses D. Use of examples.The"Examples" subsection of each use category provides a list of examples of uses that are included in the use category. The names of uses on the lists are generic.They are based on the common meaning of the terms and not on what a specific use may call itself.For example,a use whose business name is"Wholesale Liquidation"but that sells mostly to consumers,would be included in the Sales:Oriented Retail use cGategory rather than the Wholesale and Equipment Rental use cGategory. This is because the actual activity on the site matches the description of Sales Oriented Retail use category. 18.60.040 Residential Use Categories B. Household Living. 4. Exceptions: Does not include lodging where tenancy may be arranged for periods less than 1 month. Such uses are -• _.•:, . •: . • classified as either Commercial Lodging or Temporary Shelter. 18.60.060 Commercial Use Categories L. Office. 4. Exceptions: b. Contractors and others who perform services off-site are included in the Office use category if equipment and materials are incidental to the office use and their storage does not constitute 50 percent or more of occupied space;otherwise,they are classified as Industrial Services. S. Vehicle Fuel Sales. 4. Exceptions:Does not include electric vehicle charging stations that are accessory to an allowed use in an off-street parking area. 18.60.070 Industrial Use Categories C. Industrial Services. 4. Exceptions:Contractors and others who perform services off-site are included in the Office use category if equipment and materials storage does not constitute 50 percent or more of occupied space and fabrication or similar work is not carried out at the site. Omnibus Amendments Page 11 of 88 EXHIBIT A Adopted Code Amendment Chapter 18.110 RESIDENTIAL ZONES 18.110.010 Purpose The purpose of this chapter is Residential Zones are intended to implement the policies of the Ccomprehensive Pplan related to housing by: C. Accommodating compatible nonresidential development—including but not limited to schools, churches, parks, and recreation facilities, day care centers, and neighborhood commercial uses and other services—at appropriate locations and scales;and 18.110.020 List of Base Zones The names and map symbols of the residential base zones are listed in Table 18.110.1-below. When this title refers to the residential zones,it is referring to the eight base zones listed here. 18.110.030 Land Use Standards Table 18.110.2 Residential Zone Use Table-Standards by right. Aboveground public and private utility facilities proposed with development and underground public and private utility facilities are allowed. Standalone above ground public and private utility facilities not proposed with development are allowed conditionally. [2] Family In heme day care that meets all state requirements is allowed.; Commercial Other day care uses; freestanding day care centers -: • . . - • -- are allowed conditionally. [3] School bus parking on public high school sites is allowed : :.. '- • - .. - as an accessory use if located a minimum of 200 feet from the nearest property line of any tax lot used fora residential use• . . . ... .. . - . . . .. . . .. ... .. .. . • _ [4] Allowed conditionally on public school sites. [5] Only park-and-ride and other transit-related facilities are allowed conditionally. [6] Limited to ground-floor level of apartment developments,not to exceed and maximum square footage gLl0 percent of square footage of the building. [7] Wheren an agricultural use is adjacent to a residential use, sae-poultry or livestock, other than normal household pets, may must be housed or provided use of a fenced-run within a minimum of 100 feet from ef-any dwelling unit,nearby residence except a dwelling unit on the same lot. Omnibus Amendments Page 12 of 88 EXHIBIT A Adopted Code Amendment 18.110.040 Housing Types Table 18.110.3 Housing Types Housing Types R-1 R-2 R5 ¢ R-7 R-12 R-25 R-403. Detached Dwell', ,s Accessor Dwellin: Units 18.220 Y Y Y Y Y Y ALN N Cotta:e Clusters 18.240) NN Y Y Y YNN Mobile Home Parks 18.260 N N Y Y Y Y Single Detached Houses (18.290) Y ®© Y Y Y ® N A€; ,. ted Dwel •x w Accessor Dwellin: Units(18.220 Y Y Y Y Y Y N AIartments 18.230 NNNNN Y Y Y Co and Units 18.250 NN Y Y Y YNN Quads 18.270) N N IIIMIEiI Y YNN Rowhouses 18.280 N N N N ITa1 Y Y N 18.110.040 Densities The maximum density-limits-and minimum density standardsrequitements for the housing types listed in Table 18.110.3 are provided in the applicable development standards chapter for each housing type and calculated using the methods in Section 18.40.130. Omnibus Amendments Page 13 of 88 EXHIBIT A Adopted Code Amendment Chapter 18.140 PARKS AND RECREATION ZONE 18.140.010 Purpose The purpose of this chapter is'. - ' - • •• . . to preserve and enhance publicly- owned open space and natural and improved parkland within the city. This zone is intended to serve many functions including: 18.140.020 Applicability The Parks and Recreation(PR)zone is applicable to all city-owned lands intended as parks,open space, and recreational facilities and may be applied within all comprehensive plan designations. City-owned parks,open space,and recreational facilities located in a plan district may retain or receive other than a PR zone designation if it better furthers the goals of the plan district. In addition,other public agencies may request a PR zone designation for areas that meet the purpose of the zone. and Text Amendments. ' 18.140.030 Other Zoning Regulations Sites with overlay zones,plan districts, inventoried hazards,or sensitive lands are subject to additional regulations. Specific uses or developments types may also be subject to regulations as provided elsewhere in this title. 18.140.040 Land Use Standards Table 18.140.1 Parks and Recreation Zone Use Standards [1] Except water, storm, sanitary sewers, and other underground infrastructure facilities, which arc Above ground public and private utility facilities proposed with development and underground public and private utility facilities are allowed.Standalone above-Around public and private utility facilities not proposed with development are allowed conditionally. [2] See Subsections 18.140.040.0 throughand D for use type determination. 18.140.050 Development Standards H. ' :•- •: = -.• - : Exceptions to minimum setbacks. The following may project into required setbacks: 3. UnroofedOpen porches,decks,or balconies not more than 3 feet or less in height d by a roof or canopy, may extend or project into a required rear or side setback provided the projection does not reduce the width of any setback setback is not reduced to less than 3 feet-and - •• •-: -• - - . Unroofed',Porches may extend into a required front setback not more than 3 feet.project a maximum of 3 feet into a required front setback. Omnibus Amendments Page 14 of 88 EXHIBIT A Adopted Code Amendment 18.200 RESIDENTIAL DEVELOPMENT STANDARDS A reference to 18.200 Residential Development Standards is a reference to all of the chapters listed below. Chapter 18.210 RESIDENTIAL GENERAL PROVISIONS Sections: 18.210.010 Purpose 18.210.020 Fence and Wall Standards 18.210.030 Exceptions to Setback and Height Standards 18.210.010 Purpose The purpose of this chapter is to provide standards that are broadly applicable to all residential development of the housing types allowed in residential and commercial zones. 18.210.020 Fence and Wall Standards Fences and walls may be located within required setbacks. Fences and walls located within required setbacks are subject to the standards in this section. Fences and walls located outside required setbacks are subject to the standards in the applicable housing type chapter in 18.200 Residential Development Standards. A. Fences and walls in a required front setback may be a maximum of 3 feet in height where abutting a local or neighborhood street and a maximum of 6 feet in height where abutting a collector or arterial street. B. Fences and walls in a required side,street side,or rear setback may be a maximum of 8 feet in height. Fences and walls 7 feet or more in height require a building permit. C. Fences and walls with barbed or razor wire are prohibited. D. Fences and walls must meet vision clearance area requirements in Chapter 18.930, Vision Clearance Areas. 18.210.018030 Exceptions to Setback and Height Standards A. Additional setbacks. -: •- - --- - - ••- ••, --• .. -- . . . • .- •- •- • •- . •-• - -•• ' . . Increased or different setbacks apply in the following situations: 1. Where the ultimate right-of-way width, as shown in the Transportation System Plan, is wider than the current right-of-way width,required setbacks are measured from the ultimate right-of- way ight-ofway width. 2. Where freestanding private communication and utility facilities that are accessory to a residential use and not subject to the provisions of Chapter 18.450, Wireless Communication Omnibus Amendments Page 15 of 88 EXHIBIT A Adopted Code Amendment Facilities, are proposed,such facilities must be set back from all property lines a distance equal to or greater than the height of the facility. Freestanding communication and utility facilities include, but are not limited to, wind turbines and communication towers, antennas, and receivers. BC.Exceptions to minimum setbacks.The following may project into required setbacks: 1. Freestanding mechanical equipment, such as heating and cooling equipment, may be located within any required setback,except that equipment serving apartment developments is subject to the standards in Chapter 18.230,Apartments. 2. Required setbacks for all buildings,except garages,may be reduced for the purpose of preserving healthy noninvasive trees.Required front setbacks may be reduced by a maximum of 25 percent, and other required setbacks may be reduced by a maximum of 20 percent. 3-1-. Cornices,eaves,belt courses,sills,canopies,or similar architectural features may extend or project into a required setback not more than 3 feet provided the setback is not reduced to less than 3 feet. project a maximum of 3 feet into a required setback provided the projection does not reduce the width of any setback to less than 3 feet. 42. Fireplace chimneys may project - . . •. .• , - , . . - :. . . . . -- provided the setback is not reduced to less than 3 feet.a maximum of 3 feet into a required setback provided the projection does not reduce the width of any setback to less than 3 feet. 53. Open Unroofed porches,decks,or balconies not more than 3 feet or less in height and not covered by a roof or canopy may extend or project into a required rear or side setback provided the projection does not reduce the width of any setback setback is not reduced to less than 3 feet and the deck is screened from abutting properties. Unroofed pPorches may - • . . . . setback not more than 3 feet.project a maximum of 3 feet into a required front setback. 64. Unroofed landings and or stairs may project into a required front or rear setbacksly. 7. Inground swimming pools may project into a required rear or side setback provided the projection does not reduce the width of any setback to less than 5 feet. 85. In the R-12 zone,bay windows and projections with floor area may project into a required interior side and or street side setbacks by 1 foot provided they projections do not: a. Exceed 12 feet in length; b. Contain over 30 percent of the dwelling unit side elevation square footage;and c. Reduce theThe width of the interior side setback ism to less than 3 feet. C13.Exccptiens Exception to maximum height limits. Building pProjections such as chimneys, spires, domes, elevator shaft housings, towers excluding TV dist- receivers, aerials, flag poles, and other similar objects not used not designed for human occupancy; are not subject to the building height limitations of this title.Building projections not designed for human occupancy include,but are not limited to, chimneys,spires, domes, elevator shaft housings,flag poles, and antennas and receivers not subject to the provisions of Chapter 18.450, Wireless Communication Facilities. Omnibus Amendments Page 16 of 88 EXHIBIT A Adopted Code Amendment receiving dishes, except as regulated by Chapter 18.450, Wireless Communication Facilities, must be setback from property lines a distance equal to or greater than the height of the proposed structure. Omnibus Amendments Page 17 of 88 EXHIBIT A Adopted Code Amendment Chapter 18.220 ACCESSORY DWELLING UNITS 18.220.010 Purpose This The purpose of this chapter is to provide provides clear and objective standards for the establishment of accessory dwelling units on lots with single detached housessinglc family residences to achieve the following: 18.220.020 Applicability A. Applicability. The approval process and standards of this Cchapter apply to attached and detached accessory dwelling units and modifications to attached and detached accessory dwelling units wherever this housing type is allowed as provided in the use and housing type tables in Chapter 18.110, Residential Zones. 18.220.030 Approval Process Applications for accessory dwelling units are processed through a Type I procedure;as provided in Section 18.710.050.,using the standards in Section 18.220.040 as approval criteria. 18.220.040 Standards F. Parking. 1. In addition to the number of parking spaces required for the primary unit,a minimum of 1 off-street parking space must be provided for each accessory dwelling unit.Lots within 2500 feet of a right- of-way that includes transit service are exempt from the additional parking requirement for the accessory dwelling unit. Omnibus Amendments Page 18 of 88 EXHIBIT A Adopted Code Amendment Chapter 18.240 COTTAGE CLUSTERS 18.240.010 Purpose Cottage clusters are groups of four to twelve detached housing units that are of smaller size than the typical single detached house. The purpose of this chapter is to provide standards that promote quality development and enhance the livability, walkability, and safety of the community. Cottage cluster development is intended to achieve the following: 18.240.030 General Provisions All lots approved for cottage cluster development through the provisions of this chapter will be conditioned to record a deed restriction prohibiting any type of development other than cottage cluster development on the lot.This deed restriction cannot be removed except through a land division or lot line adjustment process that brings the lot into conformance with the standards for development of other housing types. A cottage cluster deed restriction imposed as a condition of a previous or concurrent land division or lot line adjustment process meets this standard. 18.240.040 Approval Process Applications for cottage cluster development are processed through a Type I site development review procedure; as provided in Section 18.710.050, using approval criteria in Section 18.780.050. Chapter 18.780,Site Development Review. 18.240.050 Development Standards G. Parking. 3. Location. c. All parking areas, including garages, must be separated by a minimum of 10 feet on all sides from all other parking areas, parking structures, and cottage units on the site. This area must meet the L-2 standard,as provided in Table 18.420.1,except that trees are not required. of landscaping on all sides from all other parking areas,parking structures,and courtyard units on the site. 5. Screening. Off-street parking areas not in structures must be screened from the street to the S-4 standard and from adiacentadjeig properties to the S-3 standard, as provided in Table 18.420.2. The required screening using one or more of the following means, which must be provided on the same site as the development: b. Structures,where the structures arc a minimum of 6 feet in height. H. Pedestrian access. Paths. I. Landscaping. The standards and provisions of Section 18.420.030 apply, except for Paragraphs 18.420.030.A.2 and 18.420.030.A.3. The following additional standards also apply: Omnibus Amendments Page 19 of 88 EXHIBIT A Adopted Code Amendment 1. Required landscaping in cCommon courtyards must meet the L-1 standard, as provided in Table 18.420.1 is subject to the standards and provisions of Sections 18.420.030 and 18.420.040. 2. A minimum of 33 percent tree canopy must be provided. The method for determining tree canopy is provided in Section 10 Part 3 Subpart M of the Urban Forestry Manual. All required trees must be a minimum caliper of 1.5 inches at the time of planting and meet the standards in Section 13 Part 2 and Appendix 3 of the Tigard Urban Forestry Manual for soil volume and species. Trees planted to meet this standard are development trees. The applicant must pay the tree inventory fee listed in the city's Master Fees and Charges Schedule. 3. The minimum number of required street trees is determined by dividing the length in feet of the site's street frontage by 40 feet. When the result is a fraction,the minimum number of street trees is the nearest whole number. More than the minimum number of street trees may be required along the site's frontage depending upon the stature of trees chosen and the specific spacing standards for the chosen trees. a. Street trees must be planted within the right-of-way wherever practicable. Street trees may be planted a maximum of 6 feet from the right-of-way when planting within the right-of-way is not practicable as determined by the city engineer. b. An existing tree may be used to meet the street tree standards provided that: i The largest percentage of the tree trunk immediately above the trunk flare or root buttresses is either within the subject site or within the right-of-way immediately adjacent to the subject site; and ii The tree would be permitted as a street tree in compliance with UFM street tree planting and soil volume standards if it were newly planted. K. Waste Collection. 2. Waste collection and service areas may not be located in required setbacks and must be screened to the S-1 standard as provided in Table 18.420.2. _ - . .. _ _.... ..• 18.420.050.D.1. Omnibus Amendments Page 20 of 88 EXHIBIT A Adopted Code Amendment Chapter 18.250 COURTYARD UNITS 18.250.010 Purpose Courtyard units are groups of five to twelve attached housing units that are of smaller size and scale than other attached housing types such as apartments and rowhouses. The purpose of this chapter is to provide standards that promote quality development and enhance the livability, walkability, and safety of the community. Courtyard unit development is intended to achieve the following: 18.250.030 Approval Process Applications for courtyard unit development are processed through a Type I procedure; as provided in Section 18.710.050, using approval criteria in Section 18.780.050. Chapter 18.780, Site Development Review. 18.250.040 General Provisions All lots approved for courtyard unit development through the provisions of this chapter will be conditioned to record a deed restriction prohibiting any type of development other than courtyard unit development on the lot.This deed restriction cannot be removed except through a land division or lot line adjustment process that brings the lot into conformance with the standards for development of other housing types.A courtyard unit deed restriction imposed as a condition of a previous or concurrent land division or lot line adjustment process meets this standard. 18.250.050 Development Standards G. Parking. 3. Location. c. All parking areas, including garages, must be separated by a minimum of 10 feet on all sides from all other parking areas,parking structures,and courtyard units on the site. This area must meet the L-2 standard,as provided in Table 18.420.1,except that trees are not required on the site. d. Parking may be provided under the first story of the courtyard units,provided that this parking is accessed from the rear of the building and is not visible from the street. 5. Screening. Off-street parking areas not in structures must be screened from the street to the S-4 standard, as provided in Table 18.420.2. The required screening using •- : : - . •. - - ••: -. • , •'-• must be provided on the same site as the development:: H. Pedestrian access. Paths. I. Landscaping. Omnibus Amendments Page 21 of 88 EXHIBIT A Adopted Code Amendment 1. Required landscaping in eCommon courtyards must meet the L-1 standard, as provided in Table 18.420.1is subject to the standards and provisions of Sections 18.420.030 and 18.420.010. 2. A minimum of 33 percent tree canopy must be provided.The method for determining tree canopy is provided in Section 10 Part 3 Subpart M of the Urban Forestry Manual. All required trees must be a minimum caliper of 1.5 inches at the time of planting and meet the standards in Section 13 Part 2 and Appendix 3 of the Tigard Urban Forestry Manual for soil volume and species. Trees planted to meet this standard are development trees. The applicant must pay the tree inventory fee listed in the city's Master Fees and Charges Schedule. 3. The minimum number of required street trees is determined by dividing the length in feet of the site's street frontage by 40 feet. When the result is a fraction,the minimum number of street trees is the nearest whole number. More than the minimum number of street trees may be required along the site's frontage depending upon the stature of trees chosen and the specific spacing standards for the chosen trees. a. Street trees must be planted within the right-of-way wherever practicable. Street trees may be planted a maximum of 6 feet from the right-of-way when planting within the right-of-way is not practicable as determined by the city engineer. b. An existing tree may be used to meet the street tree standards provided that: i. The largest percentage of the tree trunk immediately above the trunk flare or root buttresses is either within the subject site or within the right-of-way immediately adjacent to the subject site;and ii. The tree would be permitted as a street tree in compliance with UFM street tree planting and soil volume standards if it were newly planted. J. Fencing. 1. A fence at least c,ix6 feet in height must be provided at the rear and side property lines, except that a fence is not required in the front setback and along street property lines. K. Waste Collection. 2. Waste collection and service areas may not be located in required setbacks and must be screened to the S-1 standard, as provided in Table 18.420.2using the standards of Subparagraph 18.1120.050.D.11. 18.250.060 Courtyard Unit Design Standards E. Windows Figure 18.250.23 Facade Length Within Required Front Setbacks Omnibus Amendments Page 22 of 88 EXHIBIT A Adopted Code Amendment Chapter 18.260 MOBILE HOMES .rs.: 18.260.010 Purpose The purpose of this chapter is to establish ^w�astandards for the placement of mobile homes in mobile home subdivisions and park developments • . •- - . 18.260.020 Mobile Home Subdivision Standards • - • - •- • .• - - • ._mobile home subdivision proposal-must: A4-.Comply with all applicable state standards and other city standards for subdivisions as provided in Chapter 18.830, Subdivisions; 112. Satisfy all the provisions of this chapter;and C .Be limited to mobile home housing types.All other types of residential units are prohibited. 18.260.030 Mobile Home Park Standards C. Minimum development standards. The mobile home park must meet the following minimum standards: 1. Gross lot area of 1 acre; 2. Have m Street frontage of 100 feet; 3. of depth of 150 feet; 4. Have m°Front and rear setback of 25 feet; 5. Have a nimum sSide setback of 10 feet,except on a corner lot the street side setback is 25 feet; 6. Have a minimu-.. of 60 square feet of outdoor recreation area, suitably improved for recreational use,provided for each unit in addition to required setbacks.Each recreation area must be a minimum size of 2,500 square feet; 7. Have-1Landscapeing area ofeguivalent-te 20 percent of the mobile home park area; and 8. Be partially screened from the public right-of-way and adjacent residential areas by a combination of a sight-obscuring fence,vegetation,berm or any combination of the above,except that within the required front setback,any fence must not exceed 3 feet in height. D. Other standards. 14. The maximum number of mobile homes in the park or subdivision is limited to the dwelling unit density for single detached houses as provided in Chapter 18.290,Single Detached Housespll e base, Omnibus Amendments Page 23 of 88 EXHIBIT A Adopted Code Amendment 15. Where landfill or development is allowed within or adjacent to the special flood hazard area,the city will require the dedication of sufficient open land area for a greenway adjacent tong and within the special flood hazard area. This area includes portions at a suitable elevation for the construction of a path, sidewalk, or trail with the special flood hazard area in compliance with the adopted trails plan or transportation plan. Omnibus Amendments Page 24 of 88 EXHIBIT A Adopted Code Amendment Chapter 18.270 QUADS 18.270.010 Purpose Quads are groups of four housing units with two units side-by-side on a ground floor and two units side- by-side on a second floor.The units are of smaller size than the typical apartment or single detached house. The purpose of this chapter is to provide standards that promote quality development and enhance the livability, walkability, and safety of the community. Quad development is intended to achieve the following: 18.270.030 Approval Process Applications for quad development are processed through a Type 1 procedure;as provided in Section 18.710.050, using approval criteria in Section 18.780.050.Chapter 18.780, Site 18.270.040 General Provisions All lots approved for quad development through the provisions of this chapter will be conditioned to record a deed restriction prohibiting any type of development other than quad development on the lot. This deed restriction cannot be removed except through a land division or lot line adjustment process that brings the lot into conformance with the standards for development of other housing types. A quad deed restriction imposed as a condition of a previous or concurrent land division or lot line adjustment process meets this standard. 18.270.050 Development Standards B. Density. Minimum and maximum densities are determined by the required number of units and the lot size standards of Table 18.270.1. E. Lot coverage.Maximum lot coverage is provided in Table 18.270.1. F€.Parking. 1. Number of spaces. a. A minimum of 4 off-street parking spaces must be provided for each quad development. If the lot is within 22500 feet of a right-of-way that includes transit service,this parking minimum is reduced by half. 5. Screening. Off-street parking areas not in structures must be screened from the street to the S-4 standard, as provided in Table 18420.2. The required screening esift . - . - . • , _- must be provided on the same site as the development_: GF.Pedestrian access. Paths. Omnibus Amendments Page 25 of 88 EXHIBIT A Adopted Code Amendment HG.Landscaping. The standards and provisions of Sections 18.420.030 and 18.420.040, in addition to the following standards: 1. Minimum landscape area . •: •. . •• standards are provided in Table 18.270.1. All required landscape areas must meet the L-1 standard,as provided in Table 18.420.1. 2. A minimum of 33 percent tree canopy must be provided.The method for determining tree canopy is provided in Section 10 Part 3 Subpart M of the Urban Forestry Manual.All required trees must be a minimum caliper of 1.5 inches at the time of planting and meet the standards in Section 13 Part 2 and Appendix 3 of the Tigard Urban Forestry Manual for soil volume and species. Trees planted to meet this standard are development trees.The applicant must pay the tree inventory fee listed in the city's Master Fees and Charges Schedule. 3. The minimum number of required street trees is determined by dividing the length in feet of the site's street frontage by 40 feet. When the result is a fraction,the minimum number of street trees is the nearest whole number. More than the minimum number of street trees may be required along the site's frontage depending upon the stature of trees chosen and the specific spacing standards for the chosen trees. a. Street trees must be planted within the right-of-way wherever practicable. Street trees may be planted a maximum of 6 feet from the right-of-way when planting within the right-of-way is not practicable as determined by the city engineer. b. An existing tree may be used to meet the street tree standards provided that: i. The largest percentage of the tree trunk immediately above the trunk flare or root buttresses is either within the subject site or within the right-of-way immediately adjacent to the subject site;and ii. The tree would be permitted as a street tree in compliance with UFM street tree planting and soil volume standards if it were newly planted. 14. Fencing. 1. A fence at least 6si feet in height must be provided at the rear and side property lines, except that a fence is not required in the front setback and along street property lines. Jl. Waste Collection. 1. Dumpsters are prohibited in quadco• developments. 2. Waste collection and service areas may not be located in required setbacks and must be screened to the S-1 standard, as provided in Table 18.420.2using the standards of Subparagraph 18.420.050.D.4. Table 18.270.1 Quad Development Standards R-3.5 R-4.5 R-7 R-12 Minimum Lot Size 10,000 sq ft 7,500 sq ft 5,000 sq ti 5,000 sq ft Maximum Lot Size 11,500 sq ft 9,000 sq ft 6,250 sq ft 6,250 sq ft Omnibus Amendments Page 26 of 88 EXHIBIT A Adopted Code Amendment Minimum Lot Width 65 ft 50 ft 50 ft None Minimum Setbacks -Fronted 15ft 15ft 15ft 15ft -Street sideSidc facing street on corner& through 15 ft 15 ft 10 ft 10 ft lets -Side 511 5ft 5ft 5ft -Rearmed 15ft 15ft 15ft 15 ft ". 15ft 15ft 15ft 15ft more restrictive Maximum Setbacks -Front yen,61 20 ft 20 ft 20 ft 20 ft -Street sideSidc facing street on corner& through 20 ft 20 ft 15 ft 15 ft lets Maximum Height 30 ft 30 ft 35 ft 35 ft Maximum Lot Coverage 70% 75% 80% 80% Minimum Landscape Area 30% 25% 20% 20% Requirement Omnibus Amendments Page 27 of 88 EXHIBIT A Adopted Code Amendment 18.300 NONRESIDENTIAL DEVELOPMENT STANDARDS A reference to 18.300 Nonresidential Development Standards is a reference to all of the chapters listed below. Chapters: 18.310 Nonresidential General Provisions 18.320 Commercial Zone Development Standards 18.330 Industrial Zone Development Standards 18.340 Parks and Recreation Zone Development Standards Chapter 18,310 NONRESIDENTIAL GENERAL PROVISIONS Sections: 18.310.010 Purpose 18.310.020 Fence and Wall Standards 18.310.030 Exceptions to Setback,Height, and Parking Standards I . 18.310.010 Purpose The purpose of this chapter is to provide standards that are broadly applicable to all nonresidential development—including mixed-use development with or without a residential component—allowed in commercial and industrial zones. 18.310.020 Fence and Wall Standards Fences and walls may be located within required setbacks. Fences and walls located within required setbacks are subject to the standards in this section. Fences and walls located outside required setbacks are subject to the applicable standards in Chapter 18.320, Commercial Zone Development Standards,or Chapter 18.330,Industrial Zone Development Standards. A. Fences and walls in a required front setback may be a maximum of 3 feet in height where abutting a local or neighborhood street and a maximum of 6 feet in height where abutting a collector or arterial street. B. Fences and walls in a required side,street side,or rear setback may be a maximum of 8 feet in height. Fences and walls 7 feet or more in height require a building permit. C. Fences and walls must meet vision clearance area requirements in Chapter 18.930, Vision Clearance Areas. 18.310.00030 Exceptions to Setback,Height,and Parking Standards Omnibus Amendments Page 28 of 88 EXHIBIT A Adopted Code Amendment A. Additional setbacks.For the purpose of measuring setbacks from rights of way,the setback is measured from the ultimate right of way as shown in the Transportation System Plan. Increased or different setbacks apply in the following situations: 1. Where the ultimate right-of-way width, as shown in the Transportation System Plan, is wider than the current right-of-way width,required setbacks are measured from the ultimate right-of- way width. 2. Where freestanding private communication and utility facilities that are accessory to an allowed use and not subject to the provisions of Chapter 18.450, Wireless Communication Facilities,are proposed, such facilities must be set back from all property lines a distance equal to or greater than the height of the facility. Freestanding communication or utility facilities include, but are not limited to, wind turbines and communication towers, antennas, and receivers. BC.Exceptions to minimum setbacks. The following may project into required setbacks: 1. Required setbacks for all buildings,except garages,may be reduced for the purpose of preserving healthy noninvasive trees.Required front setbacks may be reduced by a maximum of 25 percent, and other required setbacks may be reduced by a maximum of 20 percent. 2�. Cornices,eaves,belt courses,sills,canopies,or similar architectural features may extend or project into a required setback not more than 3 feet provided the setback is not reduced to less than 3 feet. project a maximum of 3 feet into a required setback provided the projection does not reduce the width of any setback to less than 3 feet. 32. Fireplace chimneys may project •- . . . , . . - .. . . -- provided the setback is not reduced to less than 3 feet.a maximum of 3 feet into a required setback provided the projection does not reduce the width of any setback to less than 3 feet. 43. Open Unroofed porches, decks,or balconies not more than 3 feet or less in height and not covered by a roof or canopy may extend or project into a required rear or side setback provided the projection does not reduce the width of any setback setback is not reduced to less than 3 feet and the deck is screened from abutting properties. Unroofed pPorches may extend into a required front setback not more than 3 feet.project a maximum of 3 feet into a required front setback. 54. Unroofed landings and or stairs may project into a required front or rear setbacks. CR.Exceptions to maximum height limits. 1. Building pProjections such as chimneys, spires, domes,elevator shaft housings,towers excluding TV dish receivers, aerials, flag poles, and other similar objects not used not designed for human occupancy;are not subject to the building height limitations of this title. Building projections not designed for human occupancy include,but are not limited to, chimneys,spires,domes,elevator shaft housings, flag poles, and antennas and receivers not subject to the provisions of Chapter 18.450, Wireless Communication Facilities. 2. Any building located in a nonresidential zone may be built to Buildings may be a maximum neight of 75 feet in height provided all of the following are met: a. The total floor area of the building does not exceed 1.5 times the area of the site; b. All setbacks are equal to at least half a minimum of 50 percent of the building height of the primary structure; and Omnibus Amendments Page 29 of 88 EXHIBIT A Adopted Code Amendment c. The structure site does not abut a residential zone. D. Exception to minimum parking. The minimum number of required off-street vehicle parking spaces may be reduced by 1 space for every 5 percent of effective tree canopy cover provided by preserved trees. The maximum reduction earned through tree preservation may not exceed 20 percent of the minimum number of required parking spaces for any one development. I compliance with all development standards. B. All freestanding and detached towers, antennas, wind generating devices, and TV receiving dishes, except as regulated by Chapter 18.450, Wireless Communication Facilities, must have setbacks equal to or greater than the height of the proposed structure. Omnibus Amendments Page 30 of 88 EXHIBIT A Adopted Code Amendment Chapter 18.410 OFF-STREET PARKING AND LOADING Sections: 18.410.010 Purpose 18.410.020 Applicability 18.410.030 General Provisions 18.410.040 General Design Standards 18.410.050 Bicycle Parking Design Standards 18.410.060 Parking Structure Design Standards 18.410.070 Vehicle Parking Quantity StandardsQua-ntities 18.410.080 Loading Standards 18.410.090 On-Street Parking Credit 18.410.030 General Provisions -. ' . -• . • .. .. . - .. -• ..' • - _ ! .. • •• • marked and signed. FG.Accessible parking. All parking areas must include the required number of accessible parking spaces as specified by the state building code and federal standards.Such parking spaces must be sized,signed, and marked as required by these regulations and in compliance with ORS 447. GM.Fleet parking. 18.410.040 General Design Standards Screening. Surfacing. 2. Off-street overflow parking areas in the parks and recreation Zone. FG.Striping, GM.Wheel stops. H4. Lighting. D. Space and aisle dimensions. The minimum dimensional standards for surface parking spaces and drive aisles are provided in Figure 18.410.1 and Table 18.410.2. Table 18.410.2 Minimum Parking Space and Aisle Dimensions}1-} An;e(A) w' Stall Width Curb-'Length 1 Way Aisle 2 Way Aisle Stall Depth(E) (B) (C) Width(D) Width (D) 0°(Parallel) 8 It. 22 ft.6 in. 12 ft. 20 ft. 8 ft. Omnibus Amendments Page 31 of 88 EXHIBIT A Adopted Code Amendment 30° 8 ft.6 in. 17 ft. 12 ft. 20 ft. 15 ft. 45° 8 ft.6 in. 12 ft. 12 ft. 20 ft. 17 ft. 60° 8 ft.6 in. 9 ft.9 in. 16 ft. 20 ft. 17 ft.6 in. 90° 8 ft.6 in. 8 ft.6 in. 20 ft. 20 ft. 16 ft. [1] See Figure 18.110.1. 18.410.050 Bicycle Parking Design Standards A. Location and access. :•- .. _ ' .. - • :.• -••. 1. Required bicycle parking areas must be located within 50 feet of a required or main entrance of a primary buildinj.entrances to buildings; 2. Required bicycle parking may be located inside a building on a floor that has an outdoor entrance open for use and does not require the use of stairs to gain access to the space. B. Covered parking spaces. 2. Required bicycle parking spaces for nonresidential development must be covered and located within 100 feet of •- . • . -• . • - - a required or main entrance of a primary building on the develepment site if any required vehicle parking spaces are provided in a structure. BG.Design-reqs. The following design requirements apply to the installation of bicycle racks: 1. Bicycle racks must be designed to allow a bicycle frame to lock to it at 2 points of contact, except that spiral racks and wave racks with more than one loop are prohibited; 2. Bicycle racks must be securely anchored to the ground,wall,or other structure; 3. Bicycle parking spaces must be at least 2.5 feet in width and by 6 feet in lenkth and have an access aisle between each row of spaces that is at least 5 feet in width long. Covered bicycle parking must provide a vertical clearance of 7 feet. An access aisle at least 5 feet wide must be provided - - . - - -• - - :. :;and 4. Outdoor bBicycle parking spaces facilities must be surfaced paved with a dust-free hard surfaced surface material. CE.Quantity '• •• . •• - :. •, •: .' ••-• .The total number of required bicycle parking spaces for each use is provided in Table 18.410.2. If the minimum bicycle parking spaces as calculated in Table 18.410.2 is less than two,then the minimum number of spaces is two,,except that single Sinsle detached houses,accessory dwelling units,cottage clusters,courtyard units,quads,and rowhouses are exempt from this standard the bicycle parking requirements.(Ord. 17-22 §2) 18.410.070 Vehicle Parking Quantity Standards Quantities E. Parking requirements for unlisted uses. If a use is not listed, a use determination may be requested as provided in using the provisions in Subsection 18.60.030,G. 18.410.080 Loading Standards Off street loading spaces for deliveries must meet the following: Omnibus Amendments Page 32 of 88 EXHIBIT A Adopted Code Amendment A. Each All off-street loading spaces must have sufficient area for turning and maneuvering of vehicles on the site.At a minimum,the maneuvering length shall not be less than twice the overall length of the longest vehicle using the facility site. compliance with Chapter 18.320,Landscaping and Screening. Table 18.41(1.3 Minimum and Maximum Off-Street Vehicle and Bicycle Parking Requirements Parking space requirements are based on square feet of floor area unless otherwise stated. See Chapter 18.650 for parking requirements in the MU-CBD zone and Chapter 18.660 for .arkin re.uirements in the TMU zone. Vehicle Vehicle Minimum Maximum Vehicle Maximum Bicycle Use Cate_o 1 ,..- Zone A 1 (Zone B) 1 Minimum Residential Use Cate.ories `' ¢ Grou. Livin: See applicable housing type development standards chapter in 18.200.The Household Living residential component of a mixed-use development must use the parking re.uirements for a.artments. • 'vic/Institu`..'1 • Use te'ories Basic Utilities None None None None Colleges 1.0/5 students/staff 1.0/3.3 1.0/3.3 1.0/3.0 students/staff students/staff students/staff Communi Services 2.0/1,000 2.5/1,000 4.0/1,000 0.3/1,000 Cultural Institutions 2.5/1,000 3.5/1,000 4.5/1,000 1.0/1,000 Day Care Home:None Home:None Home:None Home:None Commercial: Commercial: Commercial: Commercial: 2.0/classroom 2.7/1,000 3.2/1,000 1.5/classroom IIIMIMMEMINI 3.0/1,000 3.5/1,000 4.5/1,000 0.5/1,000 Medical Centers 2.0/1,000 2.7/1,000 3.2/1,000 0.2/1,000 Postal Services 2.5/1,000 3.0/1,000 4.5/1,000 0.3/1,000 Religious Institutions 1.0/3 seats in main 1.0/1.7 seats in 1.0/1.3 seats in 1.0/20 seats in assembly area[2] main assembly main assembly area main assembly area area Schools Preschool: Preschool: Preschool: Preschool: 5.0+1.0/classroom 7.0+1.0/classroom 10.0+1.0/classroom 1.0/classroom Elementary/JR: Elementary/JR: Elementary/JR: Elementary/JR: 2.0/classroom 2.5/classroom 3.5/classroom 6.0/classroom SR: 1.0/5 SR: 1.0/3.3 SR: 1.0/3.3 SR: students/staff students/staff students/staff 6.0/classroom Social/Fraternal 10.0/1,000 main 12.0/1,000 main 14.0/1,000 main 2.0/1,000 main Clubs/Lod:es assembl area assembl area assembl area assembl area EZEMIEMEOM 1.0/2.5 beds None None 1.0/5 beds ommercial Us Cate.ories °max, Adult Entertainment 2.5/1,000 3.5/1,000 4.5/1,000 0.5/1,000 1.0/3 seats 1.0/1.25 seats 1.0/2 seats 1.0/20 seats Animal—Related 3.3/1,000 4.0/1,000 4.5/1,000 0.3/1,000 Omnibus Amendments Page 33 of 88 EXHIBIT A Adopted Code Amendment Table 18.410.3 Minimum and Maximum Off-Street Vehicle and Bicycle Parking Requirements Parking space requirements are based on square feet of floor area unless otherwise stated. See Chapter 18.650 for parking requirements in the MU-CBD zone and Chapter 18.660 for parking requirements in the TMU zone. Vehicle Vehicle Minimum Maximum Vehicle Maximum Bicycle Use Category 111 . 1Zone A);.[11 „„..,[40n03)111, Commercial Bulk Sales 1.0/1,000 but no 1.3/1,000 2.0/1,000 0.3/1,000 less than 10 Commercial Lodging 1.0/room 1.2/room 1.4/room 1.0/10 rooms Custom Arts and Crafts 3.0/1,000 5.1/1,000 6.2/1,000 0.3/1,000 Eating and Drinking Fast food: Fast food: Fast food: All: 1.0/1,000 Establishments [32] 7.0/1,000 12.4/1,000 14.9/1,000 Other:9.0/1,000 Other: 19.1/1,000 Other:23.0/1,000 . - . • -•. ••-• - •- ••• • . narking of 1 space for every 3 scats may be granted, but must for every 1 seats). [32] Fast food designation includes all eating and drinking establishments with a "walk-up counter" or less than 10 tables in the dining area. Omnibus Amendments Page 34 of 88 EXHIBIT A Adopted Code Amendment Chapter 18.430 MARIJUANA FACILITIES Sections: 18.430.010 Purpose 18.430.020 Applicability 18.430.030 pproval Process and Documentation 18.430.040 Development Standards 18.430.020 Applicability A. Relationship to other standards. The regulations within this chapter are in addition to base zone standards the applicable development standards chapter in 18.200 Residential Development Standards or 18.300 Nonresidential Development Standards. Sites within overlay zones, plan districts, inventoried hazards, or sensitive lands are subject to additional regulations. Specific uses or development types may also be subject to regulations as provided elsewhere in this title. 18.430.030 pproval Process and Documentation A. Approval process. Applications for marijuana facilities are processed through a Type I procedure, as provided in Section 18.710.050.using the standards in Section 18.430.040 as approval criteria. B. Approval criteria. Development subject to the provisions of this chapter must demonstrate compliance BE.Documentation.The following provisions apply at the time of minimum compliance review or a request for enforcement: Omnibus Amendments Page 35 of 88 EXHIBIT A Adopted Code Amendment Chapter 18.435 SIGNS 18.435.020 Permits B. Sign permits. 3. All sign permits will be reviewed through the approval process provided in Section 18/135.030. D. Encroachment permits. In addition to any required sign permits, Chapter 15.16 of the Tigard Municipal Code requires an encroachment permit for any sign allowed in the public right-of-way by this chapter. 18.435.060 Permit Exempt Signs A. Exemptions from permit requirements.The following signs and operations do not require a sign permit but must comply with conform to all other applicable regulations of this chapter and the requirements in Subsection 18.435.060.B: 11. Banner signs in the right-of-way in the MU-CBD zone, with the following restrictions: a. The maximum sign area is 140 square feet per sign face;and b. The maximum length of display is 60 continuous days. 18.435.070 Prohibited Signs H. Right-of-way signs. Signs in the public right-of-way in whole or in part are prohibited,except for signs legally erected for informational purposes by or on behalf of a government agency,bench signs allowed by Subsection 18.435.090.B, awning signs allowed by Subsection 18.435.090.E, temporary banners allowed by ParagraphSectien I8.435.060.A.11-108, or signs allowed by Subparagraph 18.435.130.G.1.c in the TMU and MU-CBD zones. Any sign that projects into or is located in City of Tigard right-of-way is subject to approval by the city engineer. Signs may not project into or be located in Oregon Department of Transportation right-of-way. I. Signs on a vehicle. Signs placed en or painted on a motor vehicle or trailer,as defined by ORS Chapter 501, with the primary pufpese 4-providing a sign not otherwise allowed fer by this chapter arc prohibited. D. Billboards. Billboards are prohibited. (Ord. 17-25 §3; Ord. 17-22 §2) 18.435.100 Temporary Signs A. Applicability.All temporary signs listed in Paragraph 18.435.015.A.44 require a temporary sign permit except for the following: 3. Banner signs in the right-of-way in the MU-CBD zone exempted by Paragraph 18.435.060.A.11. B. Expiration of approvals. Omnibus Amendments Page 36 of 88 EXHIBIT A Adopted Code Amendment C. Standards.Standards for all temporary signs,except balloon signs,that require a temporary sign permit by Subsection 18.435.100.A are as follows: 4. Temporary signs may not be located in the public right-of-way or the clear vision area as described in Chapter 18.930,Vision Clearance Areas, except for banners that may be hung across the right of way where approved by the city engineer; 18.435.130 Base Zone Regulations G. MU-CBD and TMU zones.The following signs are allowed in the TMU zone and the MU-CBD zone, except that MU-CBD zoned properties located west of Fanno Creek within the Fanno-Burnham Subarea of the Tigard Downtown Plan District with a Planned Development (PD) designation are subject to the residential zone sign standards in Subsection 18.435.130.A and MU-CBD zoned properties north of Pacific Highway or with frontage on Pacific Highway or Hall Boulevard are subject to the C-G zone sign standards in Subsection 18.435.130.B. Omnibus Amendments Page 37 of 88 EXHIBIT A Adopted Code Amendment Chapter 18.440 TEMPORARY USES 18.440.040 Approval Process D. Renewal of approval.A temporary use appreval may be renewed-once for a period not to exceed 1 year. Approval for a seasonal or special event use may be renewed on an annual basis in the same manner as if it were an original application. E. Renewal for temporary residential sales office or model homes. A permit for temporary sales offices application as long as 50 percent or less of the total number of dwelling units have been issued Chapter 18.450 WIRELESS COMMUNICATION FACILITIES 18.450.030 Uses Allowed C. Installation of accessory equipment shelters. The installation of accessory equipment shelters and related equipment is allowed at or near the base of a tower or structure where collocation is allowed as provided in Subsections 18.450.030.A—and B of this section subject to the following: 2. The equipment shelter and related equipment must comply with the applicable development standards chapter in 18.200 Residential Development Standards or 18.300 Nonresidential Development Standards: .. •-• . :. : -- :. • -; 3. No previously-approved landscaping may be removed to locate the accessory equipment shelter and related equipment. If any such landscaping is removed,the applicant must replace it with the equivalent quantity and type of landscaping on site,in a manner to achieve the original intent,or to achieve sufficient screening of any proposed new shelter or equipment if the original intent would no longer be applicable. If any removed landscaping cannot be replace on site,then the applicant is subject to a site development review as provided in Section 18.450.040. D. Towers in the I-L and I-H zones. Locating a tower of any height, including antennas,other supporting equipment and accessory equipment shelters,is allowed in the I-L and I-H zones,provided that such a tower is set back from any existing off-site residence by a distance equal to the height of the tower. Any accessory equipment shelter must comply with the development standards of the applicable development standards chapter in 18.200 Residential Development Standards or 18.300 Nonresidential Development Standards base zone. Towers in the right-of-way are subject to either the small cell standards of Subsection 18.450.030.F or the site development review process of Section 18.450.040. 18.450.040 Uses Allowed Subject to Site Development Review A. Uses allowed. The following uses are subject to approval through athe Ssite Ddevelopment Rreview process of as provided in Chapter 18.780,Site Development Review,using the standards of Subsection 18.450.040.B as approval criteria: 4. Accessory equipment shelter. Additional accessory equipment shelters or related equipment must be screened as required by Subparagraph 18.450.040.B.7.b. if required existing Omnibus Amendments Page 38 of 88 EXHIBIT A Adopted Code Amendment sufficiently screen any proposed new shelter or equipment if the original intent is no longer applicable. B. Standards.Any use subject to site development review is reviewed using the following standards: 2. Setbacks. a. Towers designed to collapse within themselves must be set back in compliance with the setbacks of the applicable development standards chapter in 18.200 Residential Development Standards or 18.300 Nonresidential Development Standards, except that all towers must be set back a minimum of 35 feet from any adjacent residentially zoned lotbase zone; 18.450.050 Uses Allowed Subject to Conditional Use Review A. Uses allowed.The approval authority will review thefollowing uses are subject to approval through a conditional use review,as provided in Chapter, 18.740, Conditional Uses, using the standards approval criteria provided in Subsection 18.450.050.B as approval criteria:. The following uses are 3. Towers in excess of 100 feet for a single user and 125 feet for multiple users except those located in the I-L and I-H zones,which are allowed as provided in Subsection 18.450.030.BD. B. Standards.Any use subject to conditional use review;is reviewed using the following: 7. Landscaping and screening. b. When adjacent to or within residentially-zoned property, freestanding towers and accessory equipment facilities must be screened by the planting of a minimum of 4 evergreen trees at least 15 feet in height at the time of planting. These trees must effectively screen the wireless facilities from residential uses. The planting of trees must be prescribed in number by a plan effects of the trees on abutting properties. Existing evergreen trees at least 15 feet in height may be used to meet the screening requirement of this section if the applicantarborist demonstrates that they provide screening for abutting residential uses. 18.450.060 Collocation Protocol E. Applicant's obligation to analyze feasibility of collocation. If a response to a collocation request letter is received by an applicant indicating an opportunity for collocation on an existing tower of another provider, the applicant must make a good faith effort to analyze the feasibility of collocation. This analysis must be submitted with an application for a freestanding tower. A good faith effort to investigate the feasibility of collocation on an existing facility will be deemed to have occurred if the applicant submits all of the following information: 3. Evidence that adequate site area exists or does not exist at the potential collocation site to accommodate ancillary equipment for the second provider and still meet all of the development standards required by the applicable chapter in 18.200 Residential Development Standards or 18.300 Nonresidential Development Standards in the base zone; Omnibus Amendments Page 39 of 88 EXHIBIT A Adopted Code Amendment Chapter 18.510 SENSITIVE LANDS Sections: 18.510.060 Expiration Approval Period and Extensions 18.510.060 Expiration Approval Period and Extensions Expirations and extensions of approvals are provided in Subsection 18.20.040.G. A. E piration.Approval of a sensitive lands review expires if: 1. Substantial construction of the approved plan has not begun within a 1.5 year period; or B. Extensions.The director may,upon written request by the applicant,grant an extension of the approval period not to exceed 1 year, provided that: 1. No changes arc made on the original plan as approved; 2. The applicant can show intent of initiating construction of the site within the 1 year extension peFiedand 3. There have been no changes to the applicable comprehensive plan policies and ordinance provisions on which the approval was based. (Ord. 17 22 §2) 18.510.070 Sensitive Lands Applications C. With steep slopes.The approval authority will approve or approve with conditions an application for a sensitive lands review on slopes of 25 percent or greater or unstable ground when all of the following criteria are met: 5. Where natural vegetation has been removed due to land form alteration or development, the areas not covered by structures or impervious surfaces will be replanted to prevent erosion in compliance with CWS "Design and Construction Standards"Chapter 18.320,Landscaping and Screening. D. Within drainageways. The approval authority will approve or approve with conditions an application for a sensitive lands review within drainageways when all of the following criteria are met: 5. Where natural vegetation has been removed due to land form alteration or development,the areas not covered by structures or impervious surfaces will be replanted to prevent erosion in compliance with CWS "Design and Construction Standards"Chapter 18.320, Landscaping and Screening; E. Within wetlands. The approval authority will approve or approve with conditions an application for a sensitive lands review within wetlands when all of the following criteria are met: 5. Where natural vegetation has been removed due to land form alteration or development, erosion control provisions of the Surface Water Management program of Washington County must be met and areas not covered by structures or impervious surfaces will be replanted in like or similar Omnibus Amendments Page 40 of 88 EXHIBIT A Adopted Code Amendment species in compliance with CWS "Design and Construction Standards" Chapter 18.320, • . . 89. Physical limitations and natural hazards,special flood hazard area and wetlands,natural areas,and parks,recreation and open space policies of the comprehensive plan have been met. 18.510.090 Density Transfer and Reductions A. Density transfer.Required residential density for apartments,rowhouses,and single detached houses may be transferred from sensitive lands using the following methods: 1. The units per acre calculated by subtracting land areas listed in Subparagraphs.18.40.020.A.1.a—c from the gross acres may be transferred to the remaining buildable land areas subject to the following limitations: a. The number of units that can be transferred is limited to the number of units that would have been allowed on 25 percent of the unbuildable area if not for these regulations; and b. The total number of units per site does not exceed 125 percent of the maximum number of units per gross acre allowed for the applicable base zone. 2. Units per acre calculated by subtracting land areas listed in Subparagraph 18.40.020.A.1.d from the gross acres may be transferred to the remaining buildable land areas on land zoned R-12,R-25,and R-40 subject to the following limitations: a. The number of units that can be transferred is limited to the number of units that would have been allowed on the wetland area, if not for these regulations; b. The total number of units per site does not exceed the maximum number of units per gross acre allowed for the applicable base zone. B. Density reduction.The minimum number of residential units required in a development may be reduced if necessary to ensure that impacts on habitat areas are minimized.The amount of reduction in the minimum density is calculated by subtracting the square footage of inventoried significant habitat that is permanently protected from the total square footage used to calculate the minimum density requirement.The approval authority may impose any reasonable condition necessary to mitigate identified impacts resulting from development on otherwise unbuildable land. A reduction granted through this method is processed through a Type II procedure. The approval authority will approve,approve with conditions,or deny the density reduction provided that the proposal will directly result in the protection of significant habitat areas through placement in a non-buildable tract or protected with a restrictive easement. Omnibus Amendments Page 41 of 88 EXHIBIT A Adopted Code Amendment Chapter 18.620 BRIDGEPORT VILLAGE PLAN DISTRICT 18.620.010 Purpose The purpose of this chapterdistrict is to recognize and accommodate the changing commercial and residential marketplace by allowing commercial and residential mixed uses in the approximately 7-acre portion of the Bridgeport Village site that is within the City of Tigard in the Mixed:Use Commercial(MUC- 1)zone.Retail,office,business services,and personal services are emphasized,but residential uses are also allowed.A second purpose is to recognize that when developed under certain regulations,commercial and residential uses may be compatible in the Mixed-Use Commercial zone. 18.620.020 Applicability A. Applicability. The regulations of this chapter apply to the Bridgeport Village Plan District. The boundaries of the plan district are shown on Map 18.620.A,which is located at the end of this chapter, and on the official zoning map,and described by the intergovernmental agreement between the City of Tigard and City of Tualatin,dated March 26,2002. B. Conflicting standards. In addition to the standards of Chapter 18.120, Commercial Zones and other applicable standards of this title,the following standards apply to all development located within the Bridgeport Village Plan District within the MUC-1 zone.The standards and requirements in this chapter govern in the event of a conflict. 18.620.040 Development Standards B. Development standards. 8. Minimum landscape arearequifeffient: 10 percent. 9. Density and floor area ratiorequirements.For the purposes of required floor area ratio(FAR)and residential densities, lot area is the net development area as determined using the process provided in Section 18.40.020. 18.620.050 Signs A. Signs. In addition to the requirements of Chapter 18.435, Signs,the following standards must be met: 1. Residential-only developments within the MUC-1 must meet the sign requirements for the R-40 zone, Subsection 18.435.130.A; nonresidential development within the MUC-1 must meet the requirements of the C-P zone, Subsection 18.435.130.C. The maximum sign area is provided in Section 18.435.130;sign area increases are prohibitednet-allewed. 3. Freestanding signs are prohibited within the required L 1 landscape S-4 screeninzarcas. 18.620.070 Design Standards C. Site design standards. Development must meet the following site design standards. 3. Front setback design. For setbacks greater than 0 feet, landscaping, an arcade, or a hard-surfaced expansion of the sidewalk must be provided between a structure and a public street or accessway. If a building abuts more than one street,the required improvements must be provided on all streets. Omnibus Amendments Page 42 of 88 EXHIBIT A Adopted Code Amendment Landscaping must comply with the applicable standard in Paragraph 18.620.070.C.5. Hard- surfaced areas must be constructed with scored concrete or modular paving materials.Benches and other street furnishings are required.These areas may contribute to the minimum landscapeing area standard��. 4. Walkway connection to building entrances.A walkway connection is required between a building's entrance and a public street or accessway.The walkway must be at least 6 feet wide and paved with scored concrete or modular paving materials. Building entrances at a corner near a public street intersection are required. These areas may contribute to the minimum landscapeiig area standardrequirements. 5. Parking location and landscape design. Parking for buildings or phases adjacent to public street rights-of-way must be located to the side or rear of newly constructed buildings. When buildings or phases are adjacent to more than one public street,primary streets will be identified by the city where this requirement applies. If located on the side,parking is limited to 50 percent of the street frontage. When abutting public streets,parking must be screened to the S-4 standard as provided in Table 18.420.2. . . . . . .. . . . • . . .. •- • - •- _ .. _ --• . •.. . The minimum depth of the L 1 landscaped arca is 8 feet or is equal to the adjacent building setback, whichever is greater. All other site landscaping must be plantedlandscaped to thean L-2 general landscaping standard.See Subsection 18.620.070.E. D. Building design standards. Nonresidential buildings must comply with the standards below. Residential-only and mixed-use buildings where at least 50.1 percent of the floor area of the building is residential must comply with Section 18.620.080. 6. Roof-mounted equipment. Roof-mounted equipment must be screened to the S-1 standard as provided in Table 18.420.2from view from adjacent public streets. Satellite dishes and other communication equipment must be set back or positioned on a roof so that exposure from adjacent public streets is minimized. E. Landscaping and screening_ Landscaping and sc - • . -•. . . • - •• • •• • : !, Landscaping and Screening.(Ord. 17 22 §2) 18.620.080 Design Compatibility Standards F. Mechanical equipment. Roof-mounted mechanical equipment, other than vents or ventilators, must be screened to the S-1 standard as provided in Section 18.420.050.located and constructed to be screened from ground level view. Screening must be integrated with exterior building design. Omnibus Amendments Page 43 of 88 EXHIBIT A Adopted Code Amendment Chapter 18.630 DURHAM ADVANCED WASTEWATER TREATMENT FACILITY PLAN DISTRICT Sections: 18.630.050 Landscaping Iluffering and Screening Standards 18.630.030 Uses B. Use table. Permitted uses within the Durham Advanced Wastewater Treatment Facility Plan District not listed in Table 18.630.1, are not allowed within the plan district. Unanticipated or omitted uses are subject to the provisions of Section 18.60.030. 18.630.040 Development Standards A. Setbacks. Development must comply with the following standards: 3. Development located entirely underground is exempted from setback requirements provided all other requirements of this title are satisfied, including buffering and screening standards. 5. New structures fronting a public road must maintain a setback of not less than 0.5 of the projected ultimate road width as measured from centerline of the adjacent roadway, utilizing street width provided in Section 18.910.030. C. Lot coverage and landscaping. Development is subject to the following lot coverage and landscaping standards: For development within the administrative and operations subdistricts the maximum lot coverage is 75 percent and the minimum landscape arearequirement is 25 percent. D. Accessory structures. Accessory structures must comply with the following standards: 2. All freestanding and detached towers,antennas,wind generating devices,and TV receiving dishes, setbacks equal to or greater than the height of the proposed structure.A landscaped planting screen, in compliance with Chapter 18.320,Landscaping and Screening,must be provided and maintained around these structures and accessory attachme+4s-Where freestanding private communication and utility facilities that are accessory to an allowed use and not subject to the provisions of Chapter 18.450, Wireless Communication Facilities, are proposed, such facilities must be set back from all property lines a distance equal to or greater than the height of the facility. Freestanding communication or utility facilities include, but are not limited to, wind turbines and communication towers, antennas,and receivers. 18.630.050 LandscapingRu#€ering and Screening Standards All Nnew development must comply with the required landscaping and screening standards as provided in Sections 18.420.040 and 18.420.050, with comply with the requirements of Chapter 18.4320, Landscaping and Screening, subject to the following exceptions to buffering and screening standards as A. Development in the administrative subdistrict must provide the following screening meet buff r type D along the eastern boundary of the subdistrict, as provided in Table 18.320.2. No buffering or sScreening is not required along the northern and southern boundaries of the subdistrict. Omnibus Amendments Page 44 of 88 EXHIBIT A Adopted Code Amendment 1. A screen that is 20 feet in width,planted with a six-foot hedge,trees spaced at a minimum of 15 feet and maximum of 40 feet;and shrubs; 2. A screen that is 15 feet in width with a six-foot sight-obscuring fence, and planted with trees spaced at a minimum of 15 feet and maximum of 40 feet, and shrubs;or 3. A screen that is 10 feet in width, planted with a six-foot wall, trees spaced at a minimum of 15 feet and maximum of 40 feet;and shrubs. B. Development in the operations subdistrict is subject to a 40-foot wide screen with a six-foot hedge, sight-obscuring fence, or wall and be planted with trees, spaced at a minimum of 15 feet and maximum of 40 feet; and shrubs must meet buffer type F along all boundaries of the subdistrict, as provided in Table 18.320.2, with the exception of the boundary between the operations subdistrict and administrative subdistrict. C. The floodplain subdistrict is subject to a 10-foot wide screen planted with grass or living groundcover. - D. In lieu of these standards, a detailed buffer area landscaping and screening plan may be submitted for the director's approval as an alternative to the buffer area landscaping and screening standards, provided it affords the same degree of buffering and screening as required by this chapter. (Ord. 17-22 §2) 18.630.090 Additional Standards for Conditional Uses Within the Administrative Subdistrict B. Standards. Conditional uses within the administrative subdistrict are subject to the following development standards in addition to those in Sections 18.740.030 and 18.740.040: 6. All roof-mounted equipment must be screened to the S-1 standard as provided in Section 18.420.050. . .. . •• ... ' -- . Solar heating and photovoltaic panels are exempted from this standard. Omnibus Amendments Page 45 of 88 EXHIBIT A Adopted Code Amendment Chapter 18.640 RIVER TERRACE PLAN DISTRICT Sections: 18.640.050 Community Commercial Development Standards 18.640.030 Provision of Adequate Public Facilities A. Intent.The intent is to address the provision of the infrastructure systems necessary to benefit and serve all property in River Terrace as provided for in the River Terrace Community Plan, River Terrace Funding Strategy, and related infrastructure master plans, in light of the desire of property owners to commence preliminary development prior to full implementation of these plans and with the understanding that no development rights vest and no development approvals willeart be granted until the infrastructure systems are in place or assured. D. Exception. 2. An exception will be granted only if the applicant: b. Has proposed alternatives' that ensurecnsures that-the applicant will provide its proportional share of the funding and construction of the facilities in a timely manner as identified in the River Terrace Funding Strategy and related infrastructure master plans. This may include,but is not limited to,a development agreement or reimbursement district; E. Additional standards. 2. Infrastructure improvements for water,sewer,and stormwater must be placed in easements that are located, wherever possible, within existing or future rights-of-way. Easements and rights-of-way must extend through and to the edge of the development site at such locations that would maximize the function and availability of the easement and right-of-way to serve adjacent and surrounding properties. Easements and rights-of-way are evaluated for conformance with this standard during the land use review process. Dedications of easements and rights-of-way will beace required as a condition of land use approval, except where the approval is for a future phase of a planned 18.640.040 Approval Criteria A. Preliminary plat approval criteria. 3. Where future re division is proposed in compliance with Subsection 18.830.020.C,a plan for future phases must show the location of lot lines, rights of way, easements, and other details of layout B. Conditional use, planned development, and site development review approval criteria. In addition to the approval criteria in Sections 18.740.050030, 18.770.060, 18.770.080, and 18.780.050069, the following approval criteria apply to all conditional use, planned development, and site development review applications in River Terrace. 1. Unless the applicable approval authority determines it is in the public interest to make modifications, the applicant must design and construct all streets, street extensions, and intersections to conform to: Omnibus Amendments Page 46 of 88 EXHIBIT A Adopted Code Amendment 18.640.050 Community Commercial Development Standards Development in the C-C zone is subject to the land use and development standards in Chapter 18.120, Commercial Zones, and Chapter 18.320, Commercial Zone Development Standards, except where an adjustment has been approved as provided by Chapter 18.715,Adjustments,or Subsection 18.640.660.D. 18.640.060 River Terrace Boulevard Development Standards A. Applicability. The applicable development standards in this till apply to all development in River Terrace, except where ..•. -• . . -• -. . . •• - '. - • - Chapter 18.790an adjustment has been approved as provided by Chapter 18.715, Adjustments, or Subsection 18.640.060.D,and except as specified below. B. Building placement and design. 1. The following standards apply to all apartment,rowhouse,and single detached house development that is located on the side of the River Terrace Boulevard ROW opposite the trail corridor,except . ..•. - . . . •. •- • where an adjustment has been approved as provided in Subsection 18.640.060.D. The following standards apply in lieu of the design standards in Chapter 18.230, Apartments; Chapter 18.280, Rowhouses; and Chapter 18.290,Single Detached Houses, only for the building facades specified below. a. Rowhouse and single detached house lots must abut the River Terrace Boulevard ROW with their front or side lot lines. i. Lots with front lot lines abutting the River Terrace Boulevard ROW must meet all of the building design standards in Subsection 18.640.070.E18.640.070.1. ii. Lots with side lot lines abutting the River Terrace Boulevard ROW must meet the building design standards for articulation, eyes on the street, detailed design, and garages and carports in Paragraphs 18.640.070.E18.610.070.I.1,2,4,and 5 for the facade that faces the River Terrace Boulevard ROW. b. Any building designed for residential use on an apartment development site that is located within 40 feet of the River Terrace Boulevard ROW must meet all of the building design standards in Subsection 18.640.070.E18.610.070.I for the entire elevation that faces the River Terrace Boulevard ROW,including those portions of the building facade that are more than 40 feet from the ROW. c. Apartment or rowhouse development sites may not include nonresidential buildings or uses (e.g.,parking lots,detached garages or carports,and utility or storage buildings)within 40 feet of the River Terrace Boulevard ROW. 2. The following standards apply to all apartment,rowhouse,and single detached house development that is located on the side of the River Terrace Boulevard ROW with the trail corridor,except where an adjustment has been approved as provided in as approved through the adjustment process in mplianee with Subsection 18.640.060.D. The following standards apply in lieu of the design standards in Chapter 18.230, Apartments; Chapter 18.280, Rowhouses; and Chapter 18.290 Single Detached Houses,only for the building facades specified below. a. Rowhouse and single detached house lots must abut the River Terrace Boulevard ROW with their front, side,or rear lot lines. Omnibus Amendments Page 47 of 88 EXHIBIT A Adopted Code Amendment i. Lots with front lot lines abutting the River Terrace Boulevard ROW must meet all of the building design standards in Subsection 18.640.070.E18.640.070.1. ii. Lots with side or rear lot lines abutting the River Terrace Boulevard ROW must meet the building design standards for articulation, eyes on the street, detailed design, and garages and carports in Paragraphs 18.640.070.E18.610.070.1.1,2,4,and 5 for the facade that faces the River Terrace Boulevard ROW. iii. All development must provide at least one walkway connection between the development and the trail a minimum of every 200 feet of River Terrace Boulevard ROW length, or as otherwise required by the city engineer for connectivity purposes. b. Any building designed for residential use on an apartment development site that is located within 40 feet of the River Terrace Boulevard ROW must meet all of the building design standards in Subsection 18.640.070.E18.610.070.1 for the entire elevation that faces the River Terrace Boulevard ROW,including those portions of the building facade that are more than 40 feet from the ROW. c. Apartment or rowhouse development sites must not include nonresidential buildings or uses (e.g.,parking lots,detached garages or carports,and utility or storage buildings)within 40 feet of the River Terrace Boulevard ROW. 3. The following standards apply to all development subject to conditional use approval that is located on either side of the River Terrace Boulevard ROW, except where an adjustment has been approved as provided in a eved- ough the adjustment process in compliance with Subsection 18.640.060.D. a. Any building that is located within 40 feet of the River Terrace Boulevard ROW must meet all of the building design standards in Subsection 18.640.070.E18.610.070.1 for the entire elevation that faces the River Terrace Boulevard ROW,including those portions of the building facade that may be further than 40 feet from the ROW, or as otherwise determined by the approval authority through the conditional use review process. 4. Direct individual access to River Terrace Boulevard from rowhouse or single detached house development sites is not allowed along the River Terrace Boulevard ROW, except where an adjustment has been approved as provided in . . .. . . . _• •. ..•. - . . - Subsection 18.640.060.D. Direct access to River Terrace Boulevard from apartment, conditional use, and commercial development sites are allowed where no other practicable alternatives exist. If direct access is allowed by the city through the site development or conditional use review process, the applicant is required to mitigate for any safety or traffic management impacts identified by the city engineer. This may include, but is not limited to, the construction of an on-site vehicle turnaround to eliminate the need for any vehicle turning or backing movements in the public right-of-way. 5. Fences, walls,hedges,or any combination thereof,such as a fence on top of a retaining wall, over 3 feet in height are not allowed in any front, side, or rear setback that lies between any apartment, rowhouse, or single detached house development site and the River Terrace Boulevard ROW, except as allowed below or where an adjustment has been approved as provided in as approved through the adjustment process in compliance with Subsection 18.640.060.D. Unstained wood, unfaced concrete masonry units(CMU), and chain link fencing are prohibited, except as required for wetlands or other sensitive areas. Omnibus Amendments Page 48 of 88 EXHIBIT A Adopted Code Amendment a. Fences or walls that are an integral part of an entrance,such as on a porch or stoop.are allowed subject to the applicable base zone's setback standards. C. Density bonus. In order to help offset the land and development costs associated with the construction of River Terrace Boulevard,residential development sites abutting River Terrace Boulevard ROW that are not proposing a planned development may choose to propose smaller and narrower lots along River Terrace Boulevard in compliance with Table 18.640.1-below. The reduced lot sizes and lot areas per dwelling unit that are described below are used to calculate the maximum and minimum number of residential units allowed in compliance with Subsections I8.40.130140.A and B. This density bonus only applies to those proposed residential lots within a subdivision that will have a front, side, or rear lot line abutting the River Terrace Boulevard ROW.All other proposed lots within the subdivision are subject to the applicable minimum lot size and width standards of the applicable basc zone. D. Adjustments. An application for an adjustment is processed through a Type II procedures as provided in Section 18.710.060, using approval criteria in Section 18.715.050.A. The applicant must also demonstrate that all of the following are met: • . .. . . . . •. • • . • • 18.640.070 Planned Developments The requirements of Chapter 18.770,Planned Developments,apply to all planned developments in River Terrace,except as modified below. A. Density calculation. To encourage development that is consistent with the design concept for River Terrace Boulevard, the River Terrace Community Plan, and the building design standards in this chapter, planned developments in River Terrace may limit the land dedicated for public or private rights-of-way,including tracts for vehicle access,to 20 percent of gross site acreage for the purpose of calculating net development area and density as provided in Paragraphs I8.10.020.0 and D. B. Housing types. In addition to Paragraph 18.770.030.1.2, all housing types may be allowed in the C-C zone where appropriately located, designed, and scaled.Any proposed housing must meet the applicable standards of this chapter and the applicable housing type chapter in 18.200 Residential Development Standards,except as adjusted through the planned development approval process. B. Development standards. The provisions of the applicable base zone apply except as modified by this 1. Lot dimensions. The minimum lot arca and lot width standards of the applicable base zone do not apply to any lots, including those lots abutting right of way, with the following exception: Lots 2. Building height. The maximum building height standard of the applicable base zone do not apply .• -• -• - . . . - . -- . . . -- • . --- - . •- ' - . ' , e' an easement or tract, must be set back 1 additional foot for every 2 feet of height above the maximum height allowed on the side of the lot abutting the perimeter. Omnibus Amendments Page 49 of 88 EXHIBIT A Adopted Code Amendment 3. Setbacks. The setback standards of the applicable base zone do not apply to any building on any lot,including those lots abutting right of way,except as follows: a. All buildings on lots along the eastern and northern perimeter of the River Terrace Plan District abutting existing residential development,or residentially zoned land that is undeveloped or is in an easement or tract, must meet the setback standard of the applicable base zone or the abutting zone, whichever provides the gr ater setback, on the side of the lot abutting the perimeter. This standard may be met by proposing an open space tract between the proposed b. All buildings must meet the minimum requirements of the state building code and fire code. which vehicle access is taken from a public right of way. If vehicle access is taken from a turning and backing movements are provided. d. Where-the applicant proposes to appl-ic .. - . • .. ..• . not included in Subparagraph 18.610.070.B.3.a, the applicant must specify the proposed setbacks on either a lot by lot or area wide basis. lots described above in ' _ ..• ..: !.! !.:. C. Private outdoor ar a residential use. The private outdoor ar a requirements of Paragraph 18.770.080.D.5 only apply to apartment development. D. Shared outdoor recreation and open space facility ar as residential use.The shared outdoor recreation . .. • .. . -• • 'aragraph 18.770.080.D.6 only apply to apartment development. E. Shared open space facilities.The shared open space facility requirements of Paragraph 18.770.080.D.13 do not apply. In lieu of these requirements, the following open space requirements and development enhancements apply. C. Common open space.A minimum of 20 percent of gross site area is required as common open space. Common open space may not contain sensitive lands. The following alternative open space and development enhancements may be provided in lieu of meeting the 20-percent open space standard. These requirements alternatives are intended to provide the community with added benefits that are consistent with the overall development vision for River Terrace as described in the River Terrace Community Plan and River Terrace Park System Master Plan Addendum. 1. The development must provide parks,trails, or open space that: a. Meets a need for neighborhood parks,linear parks,open space, or trails that is identified in the River Terrace Park System Master Plan Addendum with respect to both location and the plan's level of service standard; and b. Will be dedicated to the public if the proposal is for a neighborhood park, linear park, or trail. 2. The development must include at least three of the following development enhancements: Omnibus Amendments Page 50 of 88 EXHIBIT A Adopted Code Amendment a. Trails or paths that augment the public sidewalk system and facilitate access to parks, schools, trails, open spaces, commercial areas, and similar destinations. Trails and paths must meet all applicable federal and state accessibility standards and be dedicated to the public or placed in a public access easement.Trails and paths in a public access easement will be maintained by a homeowner association. b. Nature trails along or through natural resource areas or open spaces. Trails through protected natural resource areas must obtain all necessary approvals and meet all applicable development standards. Trails must meet all applicable federal and state accessibility standards and be dedicated to the public or placed in a public access easement.Trails in a public access easement will be maintained by a homeowner association. c. Trails, paths, or sidewalks that provide direct access to a public park or recreation area that is no further than 0.25 miles from the development site.Trails and paths must meet all applicable federal and state accessibility standards and be dedicated to the public or placed in a public access easement. Trails and paths in a public access easement must be maintained by a homeowner association. d. Intersection treatments that are acceptable to the city engineer and that elevate the pedestrian experience through art,landscaping, signage,enhanced crossings, or other similar treatments. e. High-quality architectural features on rowhouses and single detached houses that meet the building design standards in Subsection 18.640.070.E.18.640.070.I. 3. For those properties abutting Roy Rogers Road or River Terrace Boulevard, one or more of the following enhancements may be provided in lieu of one or more of the enhancements listed in Paragraph 18.640.070.C.218.610.070.E.2: a. Long-term maintenance plan administered by a homeowner association that is acceptable to the applicable road authority for any proposed or required landscaping in or adjacent to the Roy Rogers Road or River Terrace Boulevard right-of-way that is not part of a stormwater management facility. b. High-quality visual and noise buffer along Roy Rogers Road that includes both a vegetative and solid barrier component outside of the public right-of-way. c. Park facilities in the River Terrace Trail corridor,including,but not limited to,benches,picnic tables, lighting, or small playground areas (i.e., tot lots or pocket parks). Provision of such facilities may allow the applicant to count the trail corridor as a linear park facility, thus contributing to meeting the city's level of service standards in the River Terrace Park System Master Plan Addendum for both linear parks and trails. The public works director will determine whether the proposed facilities elevate the trail corridor to a linear park facility. Gpace in River Terrace.The standards of Subsection 18.910.080.B do not apply. DG.Street design standards.The standards of Chapter 18.910,Improvement Standards,apply in addition to the specific provisions for public skinny streets, private streets, and private alleys in Subsections 18.640.080.0 and DD and E. H. Phased development. The provision for phased development allowed by Subsection 18.770.030.F is modified as follows to clarify the total time period allowed for developing a site in phases: Any Omnibus Amendments Page 51 of 88 EXHIBIT A Adopted Code Amendment within 7 years of the detailed development plan approval in order to be issued under the original El. Design standards for single detached houses and rowhouses.The following design standards apply eely when to single detached houses and rowhouses where the applicant chooses to provide them under Subparagraph 18.640.070.C.2.e18.610.070.E.2.c or where required by Subsection 18.640.060.A.: .. ' - . . - - . The design standards in Chapter 18.290, Single Detached Houses,and Chapter 18.280,Rowhouses,apply in all other situations. These standards ... _ • - . . :. - .•- :. - . • are intended to promote architectural detail,human-scale design, street visibility,and privacy of adjacent properties,while affording flexibility to use a variety of architectural styles.The graphics provided are intended to illustrate how development could comply with these standards and should not be interpreted as requiring a specific architectural style.An architectural feature may be used to comply with more than one standard. 1. Articulation.All buildings must incorporate design elements that break up all street-facing facades into smaller planes as follows.An illustration of articulation is shown in Figure 18.640.2 below. Figure 18.640.2 Building ArticulationAbb...J Dormer illAtA b Tillil t .:!cony Porch "��i' •,- „i slam- Recessed facade a. This standard does not apply to buildings on lots that have less than 30 feet of street frontage. b. For buildings on lots with 30 to 60 feet of street frontage, a minimum of one of the following elements must be provided on each street-facing facade that has 30 to 60 feet of street frontage. i. A porch that is at least 5 feet deep. ii. A balcony that is at least 2 feet deep and is accessible from an interior room. iii. A window that projects at least 2 feet from the street-facing facade and is at least 5 feet wide(e.g.,bay window). Omnibus Amendments Page 52 of 88 EXHIBIT A Adopted Code Amendment iv. A vertical wall section that is offset by at least 2 feet from the street-facing facade and is at least 6 feet wide. v. A gabled dormer. c. For buildings on lots with over 60 feet of street frontage,a minimum of one additional element from Subparagraph 18.640.070.E18.610.070.I.1.b must be provided for every 30 feet of street frontage over 60 feet, on each street-facing facade that has over 60 feet of street frontage. Elements must be distributed along the length of the facade so that there is no more than 30 feet between elements. 2. Eyes on the street.At least 12 percent of the area of each street-facing facade must include windows or entrance doors. An illustration of eyes on the street is shown in Figure 18.640.3. Street-facing facade is defined as the aggregate area of all vertical exterior walls measured from top of finished floor at lowest level to top plate or roof eave at highest level,including areas of exterior walls above top plate or roof eave, such as areas within gables,dormers,and clerestories. Figure 18.640.3 Eyes on the Street Street-facing windows and main entrance door AftAQ4 50%of garage door LIPaI window area IMMIMMIMENumb a. Windows.Window area is the aggregate area of each window unit measured around the visible perimeter of the window, including the outer window frame and any interior grids, mullions, or transoms. i. Wall windows. All of the window area in a street-facing facade wall, including the side wall of a garage, may count toward meeting this standard provided that the windows are transparent and allow views from the building to the street. Glass blocks and privacy windows in bathrooms do not count toward meeting this standard. ii. Garage door windows. Half of the window area in the door(s) of an attached garage may count toward meeting this standard. Omnibus Amendments Page 53 0188 EXHIBIT A Adopted Code Amendment b. Entrance doors.Door area is considered the portion of the door that moves.Door frames do not count toward this standard. Entrance doors used to meet this standard must be parallel to the street or at an angle that is no more than 45 degrees from the street. 3. Entrances. At least one entrance must meet both of the following standards. An illustration of entrances is shown in Figure 18.640.4. The entrance must be: a. Set back no further than 8 feet beyond the widestlongest street-facing wall of the building;and b. Parallel to the street, at an angle that is no more than 45 degrees from the street,or open onto a porch. If the entrance opens onto a porch,the porch must meet the following standards: i. Have a minimum area of 25 square feet and a minimum depth of 5 feet, ii. Have at least one porch entrance facing the street, iii. Have a roof that is no more than 12 feet above the floor of the porch,and iv. Have a roof that covers at least 30 percent of the porch area. Figure 18.640.4 Entrances I I I I j GAF;AGE DWELLING I I GAP,At',[ DWELLING I j UNIT Asx, 1 I uNrr 1 I entrance I ft' +I I ............ I ■ I Ir on 1P-=.tI I '•, entry— i t rr.t r z n,r 1I I j I hi i f cir,,-'ince C . f . IOt!It, - 1 i Front Iotline irk STREET STREET -- 4. Detailed design. All buildings must include at least five of the following elements on all street- facing facades.An illustration of detailed design elements is shown in Figure 18.640.5. a. Covered porch: a minimum depth of 5 feet, as measured horizontally from the face of the building wall,and a minimum width of 5 feet. b. Recessed entrance area:A minimum depth of 2 feet,as measured horizontally from the face of the building wall,and a minimum width of 5 feet. Omnibus Amendments Page 54 of 88 EXHIBIT A Adopted Code Amendment Figure 18.640.5 Detailed Design Elements `4 —If oot line offsets Roof eaves �i 1- 1- 5 .. "4 Window trim } '- writ. kt Covered porch Recessed entry c. Wall offset: a minimum offset of 16 inches from one exterior wall surface to the other. d. Dormer: a minimum width of 4 feet that is integrated into the roof form. e. Roof eave:a minimum projection of 12 inches from the intersection of the roof and the building walls. f. Roof offset: a minimum offset of 2 feet from the top surface of one roof to the top surface of the other. g. Roof shingles:tile or fire-resistantweed gle roofing material. h. Roof design: gable roof,hip roof,or gambrel roof design. i. Roof pitch: one roof pitch of at least 500 square feet in area that is sloped to face the southern sky and has its eave line oriented within 30 degrees of the true north/south axis. j. Horizontal lap siding: a minimum visible lap width of 3 to 7 inches once installed. The siding material must be wood,fiber-cement,or vinyl to meet this standard. k. Accent siding:brick,cedar shingles,stucco,or other accent material that covers a minimum of 40 percent of the street-facing facade. 1. Window trim: a minimum width of 2.5 inches and a minimum depth of 5/8 inches around all street-facing windows. m. Window recess: a minimum depth of 3 inches, as measured horizontally from the face of the building wall,for all street-facing windows except where a bay window is proposed that meets the standard in Subparagraph 18.640.070.E18.610.070.1.4.n. Omnibus Amendments Page 55 of 88 EXHIBIT A Adopted Code Amendment n. Window projection(e.g.,bay window): a minimum depth of 2 feet, as measured horizontally from the face of the building wall,and a minimum width of 5 feet. o. Balcony: a minimum depth of 3 feet and a minimum width of 5 feet that is accessible from an interior room. p. Attached garage:35 percent or less of the street-facing facade width,as measured between the inside of the garage door frame. 5. Garages and carports.These standards are intended to prevent garages and carports from obscuring or dominating the street-facing facade of residential buildings.An illustration of garage door width is shown in Figure 18.640.6. a. Garage and carport setback.A garage door or carport entrance designed for vehicle access must be set back a minimum of 20 feet from the street property line. Where vehicle access is taken from a private street or alley, this setback may be reduced to 0 feet where proper clearances for turning and backing movements are provided. A garage door or carport entrance designed for vehicle access must be the same distance or located a greater distance from the street property front or side lot line as the widest than the longest street-facing wall of the building that encloses living area,except as follows: i. A garage or carport may extend up to 5 feet in front of the widestlongest street-facing wall if there is a covered front porch and the garage or carport does not extend beyond the front of the porch. ii. A garage or carport may extend up to 5 feet in front of the widest longest street-facing wall where the garage is part of a 2-story building and there is a window on the second story above the garage that faces the street with a minimum area of 12 square feet. b. Garage door width. The width of a garage door is the width of the opening as measured from inside the garage door frame. i. A dwelling is allowed one 12-foot-wide garage door, regardless of the total width of the street-facing facade. ii. A dwelling may have a garage door wider than 12 feet provided that it does not exceed 40 percent of the total width of the street-facing facade on which the garage door is located. iii. The maximum allowed garage door width may be increased to 50 percent of the total width of the street-facing faces that a total of 7 detailed design elements from Paragraph 18.640.070.E18.640.070.I.4 are included on the street-facing facade on which the garage door is located. c. Garage orientation. A garage may face the front or street side lot line on a corner lot provided that the eyes on the street standard in Paragraph 18.640.070.E18.640.070.I.2 is met for both street-facing facades. Omnibus Amendments Page 56 of 88 EXHIBIT A Adopted Code Amendment Figure 18.640.6 Garage Door Width - . . •� rProperty Line • -•-. - • -•- � - 1- • Building X: 12' allowed. More than 12' i allowed when X no more than 40 percent(or 50 percent in some circumstances)of Y. Y: Street-facing facade. Garage (X measured I between the inside of the garage door I-- X —I frame) _ • _ • - •-•- • - •-.- . SWORN . _ . _ . _ . J STREET (Ord. 17-22 §2) 18.640.080 Street Design A. River Terrace Boulevard. 1. Design standards for River Terrace Boulevard. Right-of-way width must be 110 feet, plus additional right-of-way as needed for slopes, retaining walls, etc. Right-of-way and improvement widths may be reduced to lessen impacts on protected natural resource areas. Right-of-way and improvement widths may also be reduced where the city determines that on-street parking adjacent to the trail corridor is not feasible or necessary or where a reduction is otherwise in the public interest as described in the River Terrace Community Plan, River Terrace Transportation System Plan Addendum, or River Terrace Park System Master Plan Addendum. Given the unique nature of this street,the public works director, in consultation with the community development director, will determine the final alignment, right-of-way width, and improvement widths using the following standards as guidelines unless the applicant requests a formal adjustment through a Type II procedure;as provided in Chapter 18.715,Adjustments. _• .. !.!:! _ •:• - • criteria in Paragraph 18.790.030.B.8. All landscaped areas must meet the Public Improvement Design Standards for River Terrace Boulevard. B. Commercial collector. 1. Design standards for commercial collector. Right-of-way width must be 78 feet, plus additional right-of-way as needed for slopes,retaining walls,etc.Right-of-way and improvement widths may be reduced to lessen impacts on protected natural resource areas. Right-of-way and improvement widths may also be reduced where the city determines that a reduction is in the public interest as described in the River Terrace Community Plan, River Terrace Transportation System Plan Addendum, or River Terrace Park System Master Plan Addendum. The city engineer will determine the final alignment, right-of-way width, and improvement widths using the following standards as guidelines unless the applicant requests a formal adjustment through a Type II Omnibus Amendments Page 57 of 88 EXHIBIT A Adopted Code Amendment procedure; as provided in Chapter 18.715,Adjustments. Section 1 8.710.060. and using approval criteria in Paragraph 18.790.030.B.8. Plan District as shown on Map 18.610.B,which is located at the end of this chapter. {PLACEHOLDER FOR ROY ROGERS ROAD AND SCI-e --- - - '.' ' e , CD.Public skinny streets and private streets. Development sites that have public street frontage on an arterial street upon which they cannot take vehicle access may take access from a private street that meets city standards or from another public street that,at a minimum,meets the skinny street option as shown in Figure 18.910.6.B.Private street standards are established by the city engineer in compliance with Subsection 18.910.030.T. 3. Private streets that are proposed in locations other than those described in Paragraph 18.640.080.C.218.640.080.D.2 must meet all of the standards in Subsection 18.910.030.T. 4. Adjustments to any of these standards are processed through a Type II procedure, as provided in Section 18.710.060,and using approval criteria in Paragraph 18.790.030.B.8. DE.Private alleys.Development sites that have public street frontage on a local street,neighborhood route, or collector street may choose to provide vehicle access through a private alley provided that the alley meets all of the standards below and in Subsection 18.910.030.R. : . ••-• . .• . •- - . ••. - are processed through a Type II procedure, as provided in Section 18.710.060, and using approval criteria in Paragraph 18.790.030.B.8. 18.640.100 On-Street Parking A. Applicability. In addition to the standards in Chapter 18.4104-87344, Off-Street Parking and Loading, the following on-street parking standards apply to all single detached house and rowhouse development in River Terrace with individual off-street parking and vehicle access on a local street, neighborhood route,or private street or alley. D. Location standards. Required on-street parking spaces must be provided within the development site and along the affected lot's street frontage by parallel parking,except as provided below. 1. All or some of the on-street parking spaces required in Paragraphs 18.640.100.B.1 throuizh 34-3 may be provided on a street frontage not associated with the affected lot provided that the required parking space(s)is spaces are located on the same block and within 200 feet of the affected lot. 2. All or some of the on-street parking spaces required in Paragraphs 18.640.100.B. 1 through 34-3 may be provided in parking courts that are interspersed throughout the development when all of the following standards are met: a. A parking court mamast not contain more than 8 parking spaces. E. Adjustments. Adjustments to these standards arc processed t-hrou_- . . ._ . . -, . : . in Section 18.710.060,using approval criteria in Subparagraph 18.790.030.B.5.a. 18.640.110 Temporary Sales Offices and Model Homes One temporary sales office and one or more model homes may be located and used prior to final plat Omnibus Amendments Page 58 of 88 EXHIBIT A Adopted Code Amendment approval when proposed in conjunction with a preliminary plat application for a subdivision.Any such proposal will be processed using the approval process in Section 18.440.040 and,meet the approval criteria in Subsection 18.440.050.C,and must comply with the provisions in this section. If temporary sales office or model home is not proposed in conjunction with a preliminary plat application for a subdivision,one or both may be proposed at a later date in compliance with Chapter 18.440,Temporary Uses. A. Temporary sales office. 1. A maximum of one-1- temporary sales office, not including a sales office in a model home, per subdivision is allowed for placement on a lot intended for a dwelling unit as shown on the preliminary plat. B. Model homes. 1. The maximum number of model homes allowed is as follows: a. Three, or ones for every 6 acres of land proposed for subdivision in a preliminary plat, whichever is greater, if the preliminary plat application is proposed in conjunction with a planned development application. b. One,or one-f for every 6 acres of land proposed for subdivision in a preliminary plat,whichever is greater, if the preliminary plat application is not proposed in conjunction with a planned development application. 5. No model home may only be occupied except during established business hours and in no event be used as an overnight accommodation. C. Owner authorization and performance bond.The A temporary use application for the a sales office or model home(s)must include authorization from the owner,binding its successors and assigns, for the city to enter the property and take such actions as are necessary to demolish and remove any temporary sales office or model home that has been declared a nuisance pursuant to Paragraph 18.640.110.D.2. The applicant must post a performance bond in favor of the city in an amount designated in the temporary use approval as a reasonable estimate of the cost sufficient for this purpose. The bond will be released upon final plat approval. D. Removal of model home or temporary sales office. 1. If final plat approval is not obtained prior to the expiration of the preliminary plat approval, each model home or temporary sales office must be removed and the property restored and made safe by the applicant or owner. This must occur no later than 60 days after the expiration of the preliminary plat approval in compliance with Section 18.830.030, including any approved extension. 2. A model home or temporary sales office not removed in compliance with Paragraph 18.640.110.D.1 will be declared a nuisance.The city will enter the property and abate the nuisance by taking such actions as are necessary to demolish and remove the structureEs)in compliance with the owner authorization and performance bond required in Subsection 18.640.110.C. Omnibus Amendments Page 59 of 88 EXHIBIT A Adopted Code Amendment Chapter 18.650 TIGARD DOWNTOWN PLAN DISTRICT 18.650.010 Purpose A. Purpose. The objectives of the Tigard Downtown Plan District are to implement the comprehensive plan, Tigard Downtown Improvement Plan, and urban renewal plan and ensure the quality, attractiveness,and special character of the downtown. The regulations are intended to: 4. Promote Tigard's downtown as a desirable place to live and do business. Promote development of high-quality high-density housing and employment opportunities in the downtown. 18.650.030 Approval Process C. Approval period and extensions.Expirations and extensions of approvals are provided in Subsection 18.20.040.G.The approval is effective for a period of 1.5 years from the date of approval.The approval will expire if: 1. Substantial construction of the approved plan has not begun within a 1.5 year period; or 2. Construction on the site is a departure from the approved plan. D. Extension. The director may, upon written request by the applicant grant an extension of the approval period not to exceed 1 year; provided that: 1. No changes arc made on the plan as approved; 2. The applicant can show intent of initiating construction on the site within the 1 year extension period; and 3. There have been no changes to the applicable comprehensive plan policies and ordinance provisions on which the approval was based. E. Phased development. 1. If the development takes more than 1 year,the applicant must submit a phased development time 7 years without reapplying for design review. a. The public facilities are constructed in conjunction with or prior to each phase; b. The development and occupancy of any phase is not dependent on the use of temporary public facilities. A temporary public facility is any facility not constructed to the applicable city or district standard; construct public facilities that were required as part of the approved development proposal;and d. The decision may be appealed and must follow the appeal pr: -:. . . , . provided in Section 18.710.090. Omnibus Amendments Page 60 of 88 EXHIBIT A Adopted Code Amendment 18.650.050 Building and Site Development Standards B. Development standards. Development standards apply to all new development in the MU-CBD zone, including developments using the Ttrack 3 approval process. Table 18.650.1 Development Standards 111121131 Sub-Areas Main Street 99W/Hall Corridor Scoffins/Commercial Fanno/Burnham (MS)._„ .. . (99H)* (SC) .. (FB) Minimum Lot Size None None None None Minimum Lot Width None None None None Minimum Setbacks 0/5 ft. -Front 0 ft. (5 ft. for frontage l& on 99W) -Street side 0 ft. -Side pit, -Rear ( lit, t 18. Maximum Setbacks -Front 10 ft. 25 ft. 20 ft. 20 ft. -Street side 10 ft. None None None Front Setback Dim Minimum 0 ft. (5 ft.for frontage 9-ft, 0 ft. on 99W) Maximum 10 ft. 2-5-ft, 2O-€t 20-€t, Street Side Setback —Minimum O-ft, 0-ft, O O 10 ft. Nene Nene None Sid Nene Nene Nene Nene Abutting more Nene Nene Nene Nene restrictive zone Rear Setback --Minimum 0 ft. 5 ft. 5 ft. 5 ft. Maximum Nene Nene Nene Nene Garage Setback Nene Nene Nene None Building Height -Minimum 20 ft. 20 ft. 20 ft. 20 ft. -Maximum 80 ft. 45 ft. 80 ft. 80 ft. [7] - Ground floor height 15 ft. 15 ft. None None minimum Maximum Lot Coverage 100%percent 90%pereent 90%percent 80%percent Minimum Landscape 0%per—cent—PSI 10%pereent l0%per-sent 20%percent Area [4][11 Omnibus Amendments Page 61 of 88 EXHIBIT A Adopted Code Amendment Minimum Building Frontage 50%percent 50%percent 50%pest 50%per-sent Residential Density(units per acre) -Minimum [8] 25 25 25 15 -Maximum 50 50 50 [6] 50 [6] [5] Parking lots must meet the tree canopy standards provided in Para2raph18.420.060.B.4.Landscaping [7] 45 feet within 200 feet of Fanno Creek Park boundary(see Map 18.650.A)or within 50 feet of a low: or medium:density residential zonedistrict. 2. Parking location. c. When abutting a public street,parking areas must be screened to the S-4 standard as provided in Table 18.420.2. . . . . . . . . . .. . . . . • _ .•.. :5 . • Chapter 18.320,Landscaping and Screening. 18.650.080 Additional Standards F. Chapter 18.520,Urban Forestry. FG. Chapter 18.910, Improvement Standards. GM. Chapter 18.920,Access Egress and Circulation. 4. Chapter 18.930,Vision Clearance Areas. 18.650.100 Exceptions to Standards A. Exceptions to setbacks.The director may grant an exception to the setbacks requirements in the applicable base zone based on findings that the approval will result in the following: B. Exceptions to parking.The director may grant an exception or deduction to the off-street parking dimensional and minimum number of space requirements in the applicable subarea-based on the following: D. Exceptions to landscapeing arearequirements. The director may grant an exception to the landscaping area standardreqnifernents-of this title, upon finding that the overall landscape plan provides for at least 20 percent of the gross site to be landscaped. (Ord. 17-22 §2) Omnibus Amendments Page 62 of 88 EXHIBIT A Adopted Code Amendment Chapter 18.660 TIGARD TRIANGLE PLAN DISTRICT 18.660.020 Applicability 2. General Commercial (C-G) zone. The standards and procedures in this chapter do not apply to property that is located in the C-G zone within the Tigard Triangle Plan District, except for the transportation facility standards in Section 18.660.090. Property in the C-G zone is regulated by other chapters in this title.including, but not limited to, Chapter 18.120, Commercial Zones, and Chapter 18.320, Commercial Zone Development Standards. 18.660.030 General Provisions C. To the extent that the provisions in the following chapters do not conflict with this chapter, the following chapters in this title apply concurrently: 4. Code interpretations Director determinations as provided in Chapter 18.730, Director Determinations. 5. Historic resource overlay designations and alterations as provided in Chapter 18.750, Historic ResourcesOvcrlay Zone. 6. Map and text Text and map amendments as provided in Chapter 18.790;95-, Map-and Text and Map Amendments. (Ord. 17-22 §2) D. In addition to any required land use approvals or development permits, Chapter 15.16 of the Tigard Municipal Code requires an encroachment permit for any privately-owned structures or furnishings allowed by this chapter in the public right-of-way. 18.660.040 Review Process C. Land use review. Whether required by this title or initiated by the applicant, land use review precedes development review. Land use review is the process whereby the applicant submits any required or applicant-initiated land use applications to the city for review against all applicable approval criteria and standards. The provisions of : . • . . .. -• . . . - • . . . •• Chapter 18.770= Planned Developments,do not apply is-not-available to properties located in the TMU zone. 4. Adjustment application. An adjustment application is processed through a Type 1I procedure as provided in Section 18.710.060. a. An adjustment application may contain multiple adjustment requests. An adjustment may be requested for any standard in this chapter unless specifically prohibited by this chapter. An adjustment may not be requested to change or eliminate a required review process. The provisions of Chapter 18.71.57-90,Adjustments,do not apply to properties in the TMU zone. b. An adjustment application will be approved when all of the following approval criteria have been met for each requested adjustment: iii. IJThe proposed adjustment is needed to address development constraints associated with the proposed development site, and the applicant has adequately explained the need and rationale for the proposed adjustment.Development constraints include,but are not limited to,the following: Omnibus Amendments Page 63 of 88 EXHIBIT A Adopted Code Amendment • Lot size, shape,or topography • Multiple street frontages • Protected natural resources iv. 1T-he—proposed adjustment is needed to address transportation network connectivity standards, it and includes,where practicable,pedestrian,bicycle,or vehicle transportation facilities where practicable. Transportation network connectivity standards are provided in Subsection 18.660.090.C.3. v. ft proposed adjustment is for the removal of a district tree, and the applicant will pay the district tree removal fee listed in the city's Master Fees and Charges Schedule unless a finding is made that the proposed development site cannot be reasonably developed without removal of the district tree.District tree information and requirements are provided in Subsection 18.660.070.H. 5. Lot line adjustment, lot consolidation, minor land partition, or subdivision application. The provisions in ChapterChapters 18.810,Lot Line Adjustments and Consolidations,Chapter 18.820, Land Partitions,and Chapter 18.830, Subdivisions=apply except as modified below. 18.660.050 Pre-Existing Development and Approvals E. Sites with pre-existing land use approvals. 1. Exceptions. The provisions in Paragraphs 18.660.050.E.2 through 42-4 apply to all development except those involving basic utility uses and wireless communication facilities. These types of development continue to be subject to all previously imposed conditions of approval. They also continue to be subject to the standards and procedures in Chapter 18.740, Conditional Usesi and Chapter 18.450, Wireless Communication Facilities, respectively, unless different standards are approved through the adjustment process as provided in Paragraph I8.660.040.C.4. 3. Phased developments.Development that obtained land use approval for a phased site development review application prior to the effective date of this chapter is allowed to complete all approved phases as provided in the specific land use approval or as allowed by Subsection 18.20.040.G.without respect to the time period specified in Paragraph 18.780.030.E.1 provided that 18.660.060 Land Use Standards B. General provisions. 3. Development with drive-through service is prohibited. C. Land use standards. 2. Restricted(R)land uses are listed in Table 18.660.4 and are subject to the following restrictions: b. The maximum floor area for bulk sales and sales-oriented retai : . .. • . . _. • ' '• Retail uses is 30,000 square feet of floor area per tenant space. c. The maximum floor area for general industrial and light industrialGeneral Industrial and Light Industrial uses is 2,000 square feet of floor area per tenant space.These uses must also: Omnibus Amendments Page 64 of 88 EXHIBIT A Adopted Code Amendment 3. Conditional(C)land uses are listed in Table 18.660.4 and are subject to the land use review process and associated development standards provided in Chapter 18.740, Conditional Uses. Table 18.660.4 Use Table Use Categor 18.660.070 Site Design Standards C. Utilities and service areas. 1. Above-ground private utilities, such as transformers and control valvesutility vaults, that are 1 cubic foot or treater in volume or have any one dimension treater than 2 feetwhere the sum of - ••• . _• - . . •. - . . •••_ ... . •• - must be screened as required by Paragraph 18.660.070.F.4 where not screened by a building.Landscaped stormwater facilities are exempt from this standard, and wireless communication facilities are subject to the standards and procedures in Chapter 18.450,Wireless Communication Facilities. D. Off-street vehicle parking and loading. 1. Quantity. There is no minimum quantity standard for off-street parking areas. The maximum quantity standard for off-street parking is provided in Table 18.410.3. 310.2. This standard is not eligible for adjustment through the review process provided in Paragraph 18.660.040.C.4 or elsewhere in this title. There is no minimum or maximum quantity standard for off-street loading areas. F. Retaining walls,fences,and street screens. 1. The maximum height of retaining walls is 4 feet where located at any point within 12 feet of any street property line. 2. Fences and walls along street and interior property lines are allowed but not required. The maximum height of fences and walls is 3 feet where located within 12 feet of any street property line. H. District trees. 3. District trees must be preserved but may be removed in either of the following circumstances: a. The applicant has submitted an adjustment Adjustment application as provided in Paragraph 18.660.040.C.4 and has obtained the necessary land use approval and tree removal permit.Tree replacement is not required. 18.660.080 Building Design Standards C. Building entrances.Building entrances must be located on street-facing building facades as follows: 1. Quantity.A minimum of 1 building entrance entrances must be provided for: Omnibus Amendments Page 65 of 88 EXHIBIT A Adopted Code Amendment 18.660.090 Transportation Facility Standards C. Transportation facility standards. 3. Transportation network connectivity. b. Block perimeters must be 2,500 feet or less in length as measured along the centerlines of streets, unless: i. It is not practicable to construct a street due to topographical constraints,protected natural resource areas, or existing development patterns, and the applicant has submitted an adjustmentAdjustment application as provided in Paragraph 18.660.040.C.4 and obtained the necessary land use approval; or Table 18.660.9 Street Elements and Widths Street Element Width Notes Sidewalk Corridor 14' Curb extensions must shall be included at all intersections. Omnibus Amendments Page 66 of 88 EXHIBIT A Adopted Code Amendment Chapter 18.670 WASHINGTON SQUARE REGIONAL CENTER PLAN DISTRICT 18.670.010 Purpose 18.670.020 Applicability 18.670.030 Uses 18.670.040 Development Standards 18.670.050 Pre-Existing Uses and Developments 18.670.060 Street Connectivity 18.670.070 Site Design Standards 18.670.080 Building Design Standards 18.670.090 Signs 18.670.100 Landscaping and Screening 18.670. 1100 Street and Accessway Standards 18.670.040 Development Standards A. Compliance required. All development must comply with: 1. gall applicable development standards provided in this titl ,except where an adjustment has been obtained in compliance with Chapter 18.790,Adjustments,and Subsections 18.670.040.0 and D-E_ 2. All other applicable standards and requirements in this title. C. Phasing of development standards. Developments may use the site development review process to - • a . CD. Density requirements for developments including or abutting riparian setback.Notwithstanding the density standardsrequirements in Table 18.120.3,the maximum residential density and mixed-use and nonresidential floor area ratio for developments that include or abut riparian setbacks is limited to less than 110 percent of the minimum residential density and floor area ratios in all mixed-use zones,except when the following are met: 1. Wetlands within the development are expanded or enhanced in conformance with the Oregon Division of State Lands Wetlands Restoration and Enhancement Program,and if applicable; 2. Fish habitat within the development is enhanced in conformance with the Oregon Division of State Lands Fish Habitat Enhancement Program,and if applicable; 3. The overall flood storage capacity of the 100-year floodplain within the development is increased by 10 percent. If the enhancements described above are approved,or if enhancements are already in existence,the maximum residential density standards shown in Table 18.120.3 and no maximum floor area ratio Omnibus Amendments Page 67 of 88 EXHIBIT A Adopted Code Amendment standards for mixed-use and nonresidential developments apply. DE. Adjustments to density fequirements. The density standardsrequirements in Table 18.120.3 are designed to implement the goals and policies of the comprehensive plan. These requirements apply throughout the Washington Square Regional Center Plan District, but the city recognizes that some sites are difficult to develop or redevelop in compliance with these requirements. The adjustment process provides a mechanism by which the minimum density standardsrequirements may be reduced by up to 25 percent of the original requirement if the proposed development continues to meet the intended purpose of the requirement and findings are made that all approval criteria are met. Adjustments—provide flexibility for unusual situations and allow for alternative ways to meet the purpose of this title. 18.670.050 Pre-Existing Uses and Developments A. Applicability. 2. All additions,expansions,or enlargements of existing uses or structures that take place after using the 20 percent addition, expansion, or enlargement exception must be in compliance with the development standards of this title. `- .. •-- . . - •- • - - .. •-• • . .- . ., i 3. If a pre-existing use is destroyed by fire, earthquake, or other natural disaster, then the use will retain its pre-existing status under this provision provided it is substantially reestablished within 3 years of the date of the loss.The new development must comply with this title. • . ., . 18.670.060 Street Connectivity B. Demonstration of standards. All development must demonstrate how one of the following standard options will be met.Adjustments to these standards may be approved as provided in Chapter 18.71510, Adjustments:, - • .. . . , :. •- . . .., .• - , : -• • . . -• . - 18.670.070 Site Design Standards A. Compliance.All development must meet the following site design standards. If a lot is 1 acre or larger be met.Adjustments to these standards may be granted if the criteria in Chapter, 18.790,Adjustments, are met. D. Front setback design. 2. Standard.For setbacks greater than 0 feet,landscaping,an arcade,or a hard-surfaced expansion of the pedestrian path must be provided between a structure and a public street or accessway. If a building abuts more than one street, the required improvements must be provided on all streets. Landscaping must comply with the applicable standard in Subsection 18.670.070.F.Hard-surfaced areas must be constructed with scored concrete or modular paving materials. Benches and other street furnishings are encouraged. These areas may contribute to the minimum landscapeing area standard rem provided in Table 18.320.118.120.3. Omnibus Amendments Page 68 of 88 EXHIBIT A Adopted Code Amendment E. Walkway connection to building entrances. 2. Standard. A walkway connection is required between a building's entrance and a public street or accessway.This walkway must be at least 6 feet wide and be paved with scored concrete or modular paving materials.Building entrances at a corner adjacent to a public street intersection are required. These areas may contribute to the minimum landscapei-ng area standard requirement as provided in Table 18.320.118.1203. F. Parking location and landscape design. 2. Standard.Parking for buildings or phases adjacent to public street rights-of-way must be located to the side or rear of newly constructed buildings.When buildings or phases are adjacent to more than one public street, primary streets will be identified by the city where this requirement applies. In general, streets with higher functional classification will be identified as primary streets unless specific design or access factors favor another street.If located on the side,parking is limited to 50 percent of the primary street frontage. When abutting public streets, parking must be screened to the S-4 standard as provided in Table 18.420.2. . -• . . . . .. . . •. •• . '. - . • •- to the adjacent building setback, whichever is greater. All other site landscaping must be planted landscaped-to theme L-2 standard. • _ .. . Chapter 18.320, Landscaping and Screening. 18.670.080 Building Design Standards A. Compliance.All new buildings constructed in the MUC,MUE,and MUR zones within the WSRC must comply with the following design standards. .•. • • . -- - . •.. . -• •- criteria provided in Chapter 18.790,Adjustments,are met. G. Roof-mounted equipment. 2. Standard.All roof-mounted equipment must be must screened to the S-4 standard as provided in Table 18.420.2. . ._ .. . -- . Satellite dishes and other communication equipment must be set back or positioned on a roof so that exposure from adjacent public streets is minimized. Solar heating panels are exempt from this standard. 18.670.090 Signs A. Signs. In addition to the requirements of Chapter 18.435,Signs,the following standards must be met: 1. Residential-only developments within the MUC, MUE, and MUR zones must meet the sign requirements for the R-40 zone as provided in Subsection 18.435.130.A; nonresidential developments within the MUC zone must meet the sign requirements for the commercial zones as provided in Subsection 18.435.130.B;nonresidential development within the MUE zone must meet the sign requirements of the C-P zone as provided in Subsection 18.435.130.C; and nonresidential development within the MUR zones must meet the sign requirements of the C-N zone as provided in Subsection 18.435.130.D. 2. The maximum sign area is provided in Section 18.435.130. Sign area increases are prohibited. 23. The maximum height limit for all signs except wall signs is 10 feet. Wall signs may not extend above the roofline of the wall on which the sign is located.Height increases are prohibited. Omnibus Amendments Page 69 of 88 EXHIBIT A Adopted Code Amendment 34. Freestanding signs are prohibited within required S-4 screening - !. !! be substituted provided all height limitations are met. - - 18.670.1100 Street and Accessway Standards Omnibus Amendments Page 70 of 88 EXHIBIT A Adopted Code Amendment Chapter 18.700 LAND USE APPLICATIONS AND REVIEW TYPES Chapters: 18.710 Land Use Review Procedures 18.715 Adjustments 18.720 Annexations 18.730 Director Determinations 18.740 Conditional Uses 18.745 Extensions 18.750 Historic Resources 0lay-Zene 18.760 Home Occupations 18.765 Modifications 18.770 Planned Developments 18.780 Site Development Reviews 18.790 Text and Map Amendments Omnibus Amendments Page 71 of 88 EXHIBIT A Adopted Code Amendment Chapter 18.710 LAND USE REVIEW PROCEDURES 18.710.020 Summary of Land Use Applications Table 18.710.1 Summary of Land Use Applicatfons Abbreviation Land Use Application T Applicable Section Review Type ADU Accessory Dwelling Unit 18.220 1 MIS Adequate Public Facilities Exception 18.640 II (inside River Terrace) — Adjustment ADJ -Inside River Terrace 18.640 II -Inside TMU zone 18.660 -Citywide 18.715 III-Modified, ZCA Annexation 18.720 Legislative (N/A) Appeal 18.710 III-various CPA Comprehensive Plan Map Amendment 18.790 III-Modred, Legislative CPA Comprehensive Plan Text Amendment 18.790 Legislative CUP Conditional Use 18.740 III-HO DCA Development Code Text Amendment 18.790 Legislative DIR Director Determination 18.730 I DDR Downtown Desi!n Review 18.650 I II III-DR (N/A) Extension 18.745 I,H MIS Historic Resource Designation or Alteration 18.750 II,III-PC HOP Home Occupation Permit 18.760 I,II MLP Land Partition 18.820 II LLA Lot Line Adjustment or Lot Consolidation 18.810 I MAR Marijuana Facility Permit 18.430 I MMD Modification 18.765 I,II PDR Planned Development 18.770 II,III-PC SLR Sensitive Lands Review 18.510 I,11,III-HO SGN Sign Permit 18.435 I SDR Site Development Review 18.780 I.II SUB Subdivision 18.830 II TUP Temporary Use Permit 18.440 I MIS Transportation Mitigation (inside TMU zone) 18.660 II Urban Forestry Plan Modification or I.III-HO, UFR Discretionary Review 18'420 III-PC Zoning Map Amendment III-PC, ZON -Quasi-Judicial(site specific) 18.790 III-Modified, -Legislative(citywide) Legislative Omnibus Amendments Page 72 of 88 EXHIBIT A Adopted Code Amendment Table 14^/10.1 Abbreviation _. • . . • . ' -• Applicable Review pe Seetion ADU n Dwelling Unit 18.410 I MIS Adequate Public Facilities Exception 18.640 II (within River Terrace) ADJ Adjustment - Outside TMU zone 4.790 14 Inside TMU zone 18.660 11 A Annexation Quasi Judicial 18.720 144-Modified - Legislative Legislative CPA -•- • . 18.795 III Modified Legislative(city wide) Legislative CPA Comprehensive Plan Text Amendment 18.795 Legislative CUP Conditional Use Initial 18.710 III HO Major Modification III HO - Minor Modification I DCA ! .. .. •• •-• 18.795 Legislative UFR `' ., _ .. ' . 0 III PC, III HO BIR Director's Determinations 18.730 I DDR Downtown-Design-Review 18.650 I, II, III DR . -•• e• 18.750 III PC - Alteration, Construction or Demolition Il- HOP Home-Ocoupation Type I 18.760 I - Type II I-I LLA Lot Linc Adjustment 18.810 I LLA Lot Linc Consolidation 17-88.5811(0� MAR , . ".. . -. - ...... 4-8'.130 2 MIS 18.820 14 MIS Mi cels varies varies PDR Planned Development - Concept Plan 4-877.70 III PC • D .. •- ' . III PC SLR Sensitive-Lands-Review 18.510 I, II, III HO SDR Site Development New Construction 18.780 44 - Major Modification 4I MMD Minor Modification l< SON Sign Permit 18.135 I SUB Subdivision Without Planned Development 18.830 I-I - With Planned Development 18.8301 1 8.770 III PC MIS . .. . 18.660 44 (within Tigard Triangle) Omnibus Amendments Page 73 of 88 EXHIBIT A Adopted Code Amendment Table 14'714 1 Abbreviutiou _. . . • • Awa-b1c Rhe Seetiou Temporary Use Permit 18.440 I UFR Urban Forestry Plan Modification 18.520 1 ZQN Zoning Map Amendment Quasi Judicial(Site specific) III PC Legislative(City wide) 18.795 Legislative - With Comprehensive Plan Map I11 Modified Amendment 18.710.030 General Provisions C. Application submittal. 3. The application must include, at a minimum, the following items. The director may waive items listed if they are not applicable to the proposed application. e. Site plans, landscape plans, grading plans, elevation drawings, preliminary plat, Of final plat, or similar to scale. 18.710.110 Legislative Procedure A. Notice of hearing. 2. A notice of hearing nntst will be provided as required by state law, and an affidavit of mailing will be included in the record that identifies the mailing date and the names and addresses of the mailing recipients.as follows: as required by state law. b. The director wi1I prepare an . •. • • • . . • . . - •• • • • - • -• ' •• -- notice was mailed to the necessary parties. • . .. ' • . .. .• - •- - - c. At least 11 days prior to the hearing date,a notice of the hearing must be given in a newspaper of general circulation in the city. The affidavit of publishing such notice will be made part of the record. 18.710.120 Special Procedures B. Limited land use decisions.A limited land use decision(LLD)is defined and may be used in the manner set forth in ORS 197.015(12). 2. An LLD will be reviewed in compliance with the ORS 197.195.The city will follow the procedures applicable to the city's Type II review,procedure as provided in Section 18.710.060,except to the extent otherwise required by applicable state law. Omnibus Amendments Page 74 of 88 EXHIBIT A Adopted Code Amendment Chapter 18.720 ANNEXATIONS Table 18.720.1 Conversion Table for County and City Comprehensive Plan and Zoning Designations Washington County Land Use City of Tigard Districts/Plan Designation City of Tigard Zoning Plan Designation Arm R-5 Res. 5 units per acre R-4.5 Low:density residential R-6 Res.6 units per acre R-7 Medium-density residential R-9 Res.9 units per acre R-12 Medium:density residential R-15 Res. 15 units per acre R-25 Medium-High_density residential R-24 Res.24 units per acres R-25 Medium-High_density residential Office Commercial(OC) C-P Professional Commercial Neighborhood Commercial C-N Neighborhood Commercial (NC) General Commercial(GC) C-G General Commercial Industrial(IND) I-L Light Industrial Institutional(INST) Equivalent to adjacent County Equivalent to adjacent County base zone base zone Omnibus Amendments Page 75 of 88 EXHIBIT A Adopted Code Amendment Chapter 18.730 DIRECTOR DETERMINATIONS 18.730.010 Purpose The purpose of Ddirector Ddeterminations is to resolve situations where terms or phrases within this title are ambiguous or subject to two or more reasonable meanings as applied to a specific property or use, or where this title contains a specific provision for a Ddirector Ddetermination. 18.730.020 Applicability Ddirector Ddeterminations may be issued for the following: 18.730.030 General Provisions A. Director's authority to initiate. The director may initiate a Ddirector Ddetermination on behalf of the city, either specific or not specific to a particular property or circumstance. The Ddirector may also initiate a Ddirector Ddetermination when there is a reasonable dispute or lack of clarity regarding allowed uses on a property. If initiated by the director,no application form or payment are required. B. Director's authority to decline an application. The director may decline to issue a Ddirector Ddetermination.If an application for a Ddirector Ddetermination is declined,the director will respond within 14 days following the date of the request. The director's decision to decline an application is final when the decision is mailed to the party requesting the interpretation. The decision to decline to issue a Ddirector Ddetermination is the city's final local decision. 18.730.040 Approval Process Applications for a Ddirector Ddetermination are processed through a Type I procedure, as provided in Section 18.710.050. 18.730.050 Approval Criteria A Ddirector Ddetermination has no specific approval criteria,except in the following cases: A. The criteria for determination of a nonconforming use are provided in Section 18.50.030. C. The criteria for modification of an existingoriginat condition of approval are provided in Paragraph 18.20.040.E.4. Omnibus Amendments Page 76 of 88 EXHIBIT A Adopted Code Amendment Chapter 18.750 HISTORIC RESOURCES Chapter 18.750 HISTORIC RESOURCESOVERNE 18.750.020 Applicability A. Designated areas.The historic resource overlay zone applies to the following sites and areas: B. Designated activities. The provisions of this chapter apply to: 1. The designation of historic resource overlay zones, 2. The removal of historic resource overlay zones, 3. The demolition of structures within a historic resource overlay zone,and 4. The exterior alteration of structures or new construction within a historic resource overlay zone. (Ord. 17-22 §2) 18.750.030 General Provisions A. Approval of exterior alterations.Exterior alterations of any structure in a historic resource overlay zone or construction of any new structure in a historic resource overlay zone without approval is prohibited, except as provided in Subsections 18.750.040.0 and D,respectively. B. Approval of demolition. Demolition of a structure located within a historic resource overlay zone without approval under the provisions of this chapter is prohibited. D. Condition of approval.If any alteration or demolition of the a historic resource is approved through the provisions of this chapter,a condition of approval must be applied that allows the Washington County Museum to obtain: 18.750.040 Approval Process and Approval Criteria A. Criteria for historic resource overlay zone designation. 1. Appro,-al-of An application for a historic resource overlay zone designation is 1-be processed through a Type III-PC procedure;as provided in Section 18.710.070. The approval authority will approve the application when any of the following are have been met: a. The proposed site or area would serve the purpose of the historic resource overlay zone as stated in Section 18.750.010; B. Criteria for removal of historic resource overlay zone designation.An application for rRemoval of a historic resource overlay zone designation is be processed through a Type III-PC procedure; as provided in Section 18.710.070. The approval authority will approve the application when any of the following are have been met: 1. The original historic resource overlay zone designation was placed on the site in error; Omnibus Amendments Page 77 of 88 EXHIBIT A Adopted Code Amendment 2. The resource designated with the historic resource overlay zone designation has ceased to exist; 3. The resource designated with the historic resource overlay zone designation is no longer of significance to the public; or 4. The historic resource overlay zone designation is causing the property owner to bear an unfair economic burden to maintain the property as a historic or cultural resource. C. Criteria for exterior alterations. Approval An application for exterior alterations of structures in a historic resource overlay zone is will-be processed through a Type II procedure;as provided in Section 18.710.060. The approval authority will approve or approve with conditions the application when all of the following are have been met: 1. The purpose of the historic resource overlay zone provided in Section 18.750.010; 2. The economic use of the structure in a historic resource overlay zone and the reasonableness of the proposed alteration and their relationship to the public interest in the structure's or landmark's preservation or renovation; 3. The value and significance of the structure or landmark in a historic resource overlay zone; 4. The physical condition of the structure or landmark in a historic resource overlay zone; and 5. The general compatibility of exterior design, arrangement,proportion,detail, scale, color,texture, and materials proposed to be used with an existing structure in a historic resource overlay zone. D. Criteria for construction of new structures. Approval An application for construction of new for exterior alterations of structures in a historic resource overlay zone is will-13e processed through a Type II procedure;as provided in Section 18.710.060. The approval authority will approve or approve with conditions the application when all of the following are have been met: 1. The purpose of the historic resource overlay zone as provided in Section 18.750.010; 2. The economic effect of the new structure on the historic value of the historic resource overlay zone; 3. The visual effect of the proposed new structure on the architectural character of the historic resource overlay zone; and 4. The general compatibility of the exterior design, arrangement, proportion, detail, scale, color, texture and materials proposed to be used in the construction of the new building-Of structure. E. Criteria for demolition. Approval An application for demolition of structures in a historic resource overlay zone is be processed through a Type II procedure;as provided in Section 18.710.060.The approval authority will approve or approve with conditions the application when all of the following are met: 1. The purpose of the historic resource overlay zone this chapter as provided in Section 18.750.010; 2. The criteria used in the original designation of the historic resource overlay zone in which the property under consideration is situated; Omnibus Amendments Page 78 of 88 EXHIBIT A Adopted Code Amendment 3. The historical and architectural style,the general design,arrangement,materials of the structure in question,or its appurtenant fixtures;the relationship of such features to similar features of the other buildings within the historic resource overlay zone;and the position of the building or structure in relation to public rights-of-way,and to other buildings and structures in the area; 4. The effects of the proposed work upon the protection, enhancement, perpetuation, and use of the historic resource overlay zone that cause it to possess a special character or special historical or aesthetic interest or value;and 5. Whether denial of the permit will subject the city to potential liability,involve substantial hardship to the applicant, and whether issuance of the permit would act to the substantial detriment of the public welfare and would be contrary to the intent and purposes of this title.(Ord. 17-22 §2)■ Omnibus Amendments Page 79 of 88 EXHIBIT A Adopted Code Amendment Chapter 18.760 HOME OCCUPATIONS Sections: 18.760.060 Revocation afifl-Elipiration of Home Occupation Permits 18.760.020 Applicability A. Applicability. The provisions of this chapter apply to any accessory commercial use associated with a primary Household Living use. B. Exemptions. The following activities and uses are exempt from the provisions of this chapter: 1. Garage sales; 2. For-profit production of produce or other food products grown on the premises that meet the ajriculture/horticulture use cateeorV characteristics as provided in Chapter 18.60, Use Categories. This may include temporary or seasonal sale of produce or other food products-grown on the premises. Farming activities must be consistent with the definition of Agriculture/Horticulture provided in Chapter 18.60, Use Categories; 18.760.060 Revocation of Home Occupation Permits Chapter 18.790 TEXT AND MAP AMENDMENTS Chapter 18.7950 TEXTMAP AND TEXTMAP AMENDMENTS Sections: 18.7950.010 Purpose 18.7930.020 Legislative Amendments 18.7950.030 Quasi-Judicial Amendments 18.7950.010 Purpose 18.7950.020 Legislative Amendments 18.7950.030 Quasi-Judicial Amendments Omnibus Amendments Page 80 of 88 EXHIBIT A Adopted Code Amendment Chapter 18.810 LOT LINE ADJUSTMENTS AND LOT CONSOLIDATIONS 18.810.020 Approval Process A. Approval process. Applications for lot line adjustments and lot consolidations are processed through a Type I procedure, as provided in Section 18.710.050, using approval criteria in Section 18.810.030. B. Approval period.A lot line adjustment or lot consolidation approval is effective for a period of 1.5 years from the date of approval. The lot line adjustment or lot consolidation approval will expire if: Expirations and extensions of approvals are provided in Subsection 18.20.040.G. without the satisfactory completion of all conditions attached to the approval; or 2. The final recording is a departure from the approved plan. C. Extension. The director will, upon written request by the applicant,grant an extension of the approval period not to exceed 1 year provided that: 2. The applicant can show intent of recording the approved lot line adjustment or lot consolidation within the 1 year extension period; and 3. There have been no changes in the applicable comprehensive plan policies and ordinance provisions on which the approval was based. 18.810.030 Approval Criteria A. Approval criteria. 1. An additional lot is not created by the lot line adjustment or lot consolidation, and the existing lot or lots are not reduced below the minimum lot size -..• . . •• ... ' .. • .. • . 2. By reducing the lot size, theThe proposed lots and erexisting structuresEs3 comply with all on the lot will not be in violation of the applicable development standardsbase zone regulations. 3. The proposed lots comply with the following: b. The minimum lot width is met. The minimum lot width for residential and non-residential development is provided in the applicable development standards chapter in 18.200 Residential Development Standards or 18.300 Nonresidential Development Standards. the development standards for the applicable base zone. The minimum lot width for residential development is provided in the development standards for the housing types proposed, except that In the ease of a flag lot, the minimum lot width and depth for flag lots is 40 feet and is measured as provided in Section 18.40.080. c. The minimum lot size is met. The minimum lot size for residential and non-residential development is provided in the applicable development standards chapter in 18.200 Residential Development Standards or 18.300 Nonresidential Development Standards. development standards for the applicable base zone. The minimum lot size for residential Omnibus Amendments Page 81 of 88 EXHIBIT A Adopted Code Amendment development is provided in the development standards for the housing types proposed. In the case of a flag lot,the access is not included in the lot area calculation as described,as provided in Section 18.40.080. e. The side lot lines arc at right angles to the street upon which the lots front where practicable. Each lot is rectilinear in shape with side lot lines at right angles to front lot lines and rear lot lines parallel to front lot lines,except where not practicable due to location along a street radius or because of existing natural feature or lot shape. Side and rear lot lines must be straight where practicable. Side and rear lot lines that are segmented may not contain cumulative lateral changes in direction that exceed 10 percent of the distance between opposing lot corners. f. Each lot fronts a public right of way by at least 15 feet or has a legally recorded minimum 15 foot wide access easement. Each lot has a minimum of 40 feet of frontage on a public or private right-of-way, except for the following types of lots: i. Flag lots and rowhouse lots have a minimum of 15 feet of frontage on a public or private right-of-way; ii. Lots with curved frontages along cul de sacs or eyebrows have a minimum of 20 feet of frontage on a public or private right-of-way as measured along the arc of the front lot line;and iii Lots at the terminus of a private street have a minimum of 20 feet of frontage on a private right-of-way. g. All setback requirements are met.The setback requirements for residential and non-residential development are provided in the applicable development standards chapter in 18.200 Residential Development Standards or 18.300 Nonresidential Development Standards. development standards of the applicable base zone. The setback requirements for residential development are provided in the development standards for the housing types proposed. 4. With regard to flag lots: b. A ;sight-obscuring fence must be provided along the property line of a lot of record where the paved access is located within 10 feet of an abutting lot in compliance with Section usable outdoor recreation areas for proposed development. Omnibus Amendments Page 82 of 88 EXHIBIT A Adopted Code Amendment Chapter 18.820 LAND PARTITIONS 18.820.030 Approval Process A. Approval process. Applications for land partition are processed through a Type II procedure, as provided in Section 18.710.060, using the approval criteria in Section 18.820.040. B. Approval period. The partition approval is effective for a period of 1.5 y ars from the date of approval.The partition approval will expire if:Expirations and extensions of approvals are provided in Subsection 18.20.040.G. 1. The partition has not been recorded or has been improperly recorded with Wa without the satisfactory completion of all conditions attached to the approval; 2. The final recording is a departure from the approved plan. C. Extension. The director will, upon written request by the applicant,grant an extension of the approval period not to exceed 1 year provided that: 1. No changes arc made on the original plan as approved; 2. The applicant can show intent of recording the approved partition within the 1 year extension period; and provisions on which the approval was based. 18.820.040 Approval Criteria A. Approval criteria. 4. All proposed lots comply with the following: b. The minimum lot width is met. The minimum lot width for residential and non-residential development is provided in the applicable development standards chapter in 18.200 Residential Development Standards or 18.300 Nonresidential Development Standards. development standards for the applicable base zone. The minimum lot width for residential development is provided in the development standards for the housing types proposed, except that In the case of a flag lot, the minimum lot width and depth for flag lots is 40 feet and is measured as provided in Section 18.40.080. c. The minimum lot size is met. The minimum lot size for residential and non-residential development is provided in the applicable development standards chapter in 18.200 Residential Development Standards or 18.300 Nonresidential Development Standards development standards for the applicable base zone. The minimum lot size for residential development is provided in the development standards for the housing types proposed. In the case of a flag lot, the aeeess.ilygis not included in the lot area calculation as described; as provided in Section 18.40.080. e. The side lot lines are at right angles to the street upon which the lots front where practicable. Omnibus Amendments Page 83 of 88 EXHIBIT A Adopted Code Amendment Each lot is rectilinear in shape with side lot lines at right angles to front lot lines and rear lot lines parallel to front lot lines,except where not practicable due to location along a street radius or because of existing natural feature or lot shape. Side and rear lot lines must be straight where practicable. Side and rear lot lines that are segmented may not contain cumulative lateral changes in direction that exceed 10 percent of the distance between opposing lot corners. f. Each lot fronts a public right of way by at 1 ast 15 feet or has a legally recorded minimum 15 foot wide access easement. Each lot has a minimum of 40 feet of frontage on a public or private right-of-way, except for the following types of lots: i. Flag lots and rowhouse lots have a minimum of 15 feet of frontage on a public or private right-of-way; ii. Lots with curved frontages along cul de sacs or eyebrows have a minimum of 20 feet of frontage on a public or private right-of-way as measured along the arc of the front lot line;and iii. Lots at the terminus of a private street have a minimum of20 feet of frontage on a private right-of-way. g. All setback requirements are met.The setback requirements for residential and non-residential development are provided in the applicable development standards chapter in 18.200 Residential Development Standards or 18.300 Nonresidential Development Standards development standards of the applicable base zone. The setback requirements for residential 5. With regard to flag lots: b. A semnsight-obscuring fence must be provided along the property line of a lot of record where the paved access is located within 10 feet of an abutting lot in compliance with Section 18.320.050. - -: . . . . -.. - - •• . • . ' . ... usable outdoor recr ation areas for proposed development. 8. Where landfill or development is allowed within or adjacent to the special flood hazard area, the city will require eration-of the dedication of sufficient open land area for greenway adjacent toadjoining and within the special flood hazard area. This area will include portions at a suitable elevation for the construction of a path, sidewalk, or trail with the special flood hazard area in compliance with the adopted trails plan or transportation plan. (Ord. 17-22 §2) Omnibus Amendments Page 84 of 88 EXHIBIT A Adopted Code Amendment Chapter 18.830 SUBDIVISIONS 18.830.020 General Provisions F. Special flood hazard area dedications.Where land filling or development is allowed within and adjacent to the special flood hazard area outside the zero-foot rise floodway,the city will require consideration e€the dedication of sufficient open land area for a greenway adjacent toadjeig and within the special flood hazard area.This area will include portions at a suitable elevation for the construction of a path, sidewalk, or trail within the special flood hazard area as provided in the adopted trails plan or transportation plan. C. Lot averaging. Lot area or width size may be reduced averaged to allow lots less than the minimum applicable standard lege . - • . -- ' . - - -. • .•- provided the average lot area or width for all lots in the subdivision is not less than that required . - • .-- ' . . -- .••. All lots created under this provision must be at least 80 percent of the minimum required lot area or width size required in the applicable base zone. 18.830.030 Approval Process A. .Approval Process. Applications for a preliminary plat for subdivision are processed through a Type II procedure, as provided in Section 18.710.060, using the approval criteria in 18.830.040.An application for subdivision may also be reviewed concurrently with an application for a planned development,as provided in Chapter 18.770,Planned Developments. B. Approval period. ' •• .. . . . • - - . . - . . • - . •. .. approval. The preliminary plat will expire if:Expirations and extensions of approvals are provided in Subsection 18.20.040.G. 1. A final plat has not been submitted within a 1.5 year period; or 2. The final plat does not conform to the preliminary plat as approved. C. Extension. 1. The director will,upon written request by the applicant,grant one extension of the approval period not to exceed 1 year;provided that: b. The applicant has expressed written intent of submitting a final plat within the 1 year extension period; based; and d. An extension of time will not preclude the development of abutting properties. D. Phased development. Omnibus Amendments Page 85 of 88 EXHIBIT A Adopted Code Amendment 1. A time schedule for developing a subdivision in phases may be approved, but in no case will the preliminary plat; 2. The criteria for approving a phased subdivision proposal are: phase to ensure provision of public facilities prior to building occupancy; - - public facilities: . constructed to the applicable city or district standard; and ii. The phased development must not result in requiring the city or other property owners to Ptat --. ' • • . -- . ' . appealed in the same manner as the preliminary plat. 18.830.040 Approval Criteria—Preliminary Plat A. Approval criteria. 2. • ... . •- .. - - . • , . 11 lots must comply with the following: a. All diniensienaldevelopment standards and density requirements for lots are met. The development standards,including density standardsdimensional requirements for residential and non-residential development, are provided in the applicable development standards chapter in 18.200 Residential Development Standards or 18.300 Nonresidential Development Standards. . .. .•.. . -- ... ' .. - .. - . • . ••-• • . standards for the housing types proposed. a d Each lot is rectilinear in shape with side lot lines at right angles to front lot lines and rear lot lines parallel to front lot lines, except where not practicable due to location along a street radius or because of existing natural feature or lot shape. Side and rear lot lines must be straight where practicable. Side and rear lot lines that are segmented may not contain cumulative lateral changes in direction that exceed 10 percent of the distance between opposing lot corners. d. -. - . ' . ' . - __ __ . . • . . -- . for rowhouses must front a public or private street for a width of at 1 nst 15 feet. Each lot has a minimum of 40 feet of frontage on a public or private right-of-way,except for the following types of lots: i. Rowhouse lots have a minimum of 15 feet of frontage on a public or private right-of= way: Omnibus Amendments Page 86 of 88 EXHIBIT A Adopted Code Amendment ii. Lots with curved frontages along cul de sacs or eyebrows have a minimum of 20 feet of frontage on a public or private right-of-way as measured along the arc of the front lot line;and iii. Lots at the terminus of a private street have a minimum of 20 feet of frontage on a private right-of-way. 4. The streets and roads are laid out so as to conform to the plats of subdivisions and partitions already approved for adiacentadjeining property as to width, general direction and in all other respects unless the city determines it is in the public interest to modify the street or road pattern; and B. Conditions of approval. The approval authority may attach conditions that are necessary to carry out the comprehensive plan and other applicable ordinances and regulations and may require reserve strips be granted to the city for the purpose of controlling access to adiacentadjoining undeveloped properties. (Ord. 17-22 §2) 18.830.050 Zero Lot Line Development B. Approval criteria. The approval authority will approve or approve with conditions an application for a zero lot line development when all of the following are met: 3. The maximum lot coverage for zero lot line development must not exceed the maximum lot coverage standardf r the baso zone;and 18.830.060 Approval Criteria—Final Plat AB.Approval criteria. A final plat will be approved when all of the following are met: 18.830.070 Bond A. Performance guarantee required.As required by Section 18.830.070,tThe applicant must file with the agreement an assurance of performance supported by one of the following: Omnibus Amendments Page 87 of 88 EXHIBIT A Adopted Code Amendment Chapter 18.920 ACCESS,EGRESS,AND CIRCULATION 18.920.030 General Provisions F. Pedestrian access. Paths for pedestrian access and circulation are required to, through, and sometimes between development sites. Path standards are provided in 18.200 Residential Development Standards, 18.300 Nonresidential Development Standards, and Chapter 18.410, Off- Street Parking and Loading. Additional standards may also apply if the site is located in a plan district. F. Required walkway location.On site pedestrian walkways must comply with the following standards: 1. Walkways must extend from the ground floor entrances or frem the ground floor landing of stairs, ramps, or elevators of all commercial, institutional, and industrial uses, to the streets that provide in multi building commercial, institutional, and industrial complexes. Unless impractical, walkways must be constructed between new and existing developments and neighboring developments. 2. Within all attached housing (except accessory dwelling units), each residential dwelling must be connected by walkway to the vehicular parking area, and common open space and recr ation facilities. be designed and located for pedestrian safety. Required walkways must be physically separated from motor vehicle traffic and parking by either a-minimum 6-inch vertical separation(curbed)or allowed for distances no greater than 36 feet if appropriate landscaping, pavement markings, or sign posts, and must be in compliance with all federal and state accessibility requirements. 1. Required walkways must be paved with hard sec-faced materials such as-concrete, asphalt, stone, maintained to remain well drained. Walkways may be reed to be lighted or signed as needed provided in addition to required pathways. J. Minimum access requirements for commercial and industrial uses. 1. Vehicle access, egress, and circulation for commercial and industrial use must comply with the standards provided in Table 18.920.23. Table 18.920.32 Vehicular Access/Egress Requirements: Commercial and Industrial Uses Required Parking Minimum Number of Minimum Access Minimum Pavement S aces Driveways Re.uired Width 0-99 30 ft 24 ft curbs re.uired 100+ 30 ft 24 ft curbs required 50 ft 40 ft curbs retuired Omnibus Amendments Page 88 of 88 EXHIBIT A Adopted Code Amendment HOUSEKEEPING AMENDMENTS 18.10.030.D Chapter 18.795,Map and Text Chapter 18.790,Text and Map Amendments Amendments 18.10.050.D Chapter 18.795,Map and Text Chapter 18.790,Text and Map Amendments Amendments 18.10.060.C.1.c Chapter 18.520,Urban Forestry Chapter 18.520, Significant Tree Groves 18.30.020.B.8 See Section 18.40.040,Measuring See Section 18.40.040. Height 18.30.020.T.5.c Chapter 18.520 and the Urban Forestry Chapter 18.420,Landscaping and Manual Screening,and the Urban Forestry Manual 18.30.020.T.5.v Chapter 18.520 and the Urban Forestry Chapter 18.420,Landscaping and Manual Screening,and the Urban Forestry Manual 18.110.030.A.3 Chapter 18.740,Conditional Use. Chapter 18.740,Conditional Uses. 18.140.040.A.2 Chapter 18.740,Conditional Use. Chapter 18.740,Conditional Uses. 18.140.040.D Chapter 18.740,Conditional Use. Chapter 18.740,Conditional Uses. 18.140.050.F Chapter 18.740,Conditional Use. Chapter 18.740,Conditional Uses. 18.140.050.J Chapter 18.310,Off-Street Parking and Chapter 18.410,Off-Street Parking and Loading Loading 18.220.040.H Section 18.40.130 Section 18.40.120 18.240.020 18.120,Commercial Zones Chapter 18.120,Commercial Zones 18.240.050.G Section 18.410.030 and 18.410.040 Sections 18.410.030 and 18.410.040 18.240.050.J.1 Subsection 18.320.050.0 Section 18.210.020 18.240.0503.2 Subparagraphs I8.240.050.G.5 and Paragraphs 18.240.050.6.5 and 18.240.050.K.2. 18.240.050.K.2. 18.250.020 18.120,Commercial Zones Chapter 18.120,Commercial Zones 18.250.050.G Section 18.410.030 and 18.410.040 Sections 18.410.030 and 18.410.040 18.250.050.J.2 Subsection 18.320.050.0 Section 18.210.020 18.250.060.D.I Figure 18.250.2 Figure 18.250.3 18.250.060.D.2 Figure 18.250.2 Figure 18.250.3 18.260.030.A Chapter 18.740,Conditional Use. Chapter 18.740,Conditional Uses. 18.270.020 18.120,Commercial Zones Chapter 18.120,Commercial Zones 18.270.050.F Section 18.410.030 and 18.410.040 Sections 18.410.030 and 18.410.040 18.270.050.I Subsection 18.320.050.0 Section 18.210.020 18.280.050.E Section 18.410.030 and 18.410.040 Sections 18.410.030 and 18.410.040 18.280.050.E.2.a 18.920.030.0 Section 18.920.030.0 18.410.030.F Table 18.410.2 Table 18.410.3 18.410.050.E Table 18.410.2(listed 2 times) Table 18.410.3 18.435.130.G.6.c Chapter 18.930 Chapter 18.930,Vison Clearance Areas 18.440.050.A.1 Paragraph 6 of this subsection Paragraph 18.440.050.A.6 18.440.050.A.4 Chapter 18.310,Off-Street Parking and Chapter 18.410,Off-Street Parking and Loading Loading 18.440.050.B.6 Chapter 18.310,Off-Street Parking and Chapter 18.410,Off-Street Parking and Loading Loading Housekeeping Amendments Page 1 of 2 EXHIBIT A Adopted Code Amendment 18.440.050.D.4 Chapter 18.310,Off-Street Parking and Chapter 18.410,Off-Street Parking and Loading Loading 18.450.030.B Paragraph 18.450.030.F Paragraph 18.450.030.E 18.450.060.D 18.450.060 Section 18.450.060 18.450.060.F Subsection 18.450.060.D Subsection 18.450.060.E 18.510.020.C.2 paragraph 18.510.040.R.1 Paragraph 18.510.040.R.2 18.510.020.C.5 paragraph 18.510.040.R.1 Paragraph 18.510.040.R.2 18.510.080.A Section 18.510.120 Section 18.510.100 18.510.080.B.1 Section 18.510.120 Section 18.510.100 18.510.080.B.2 Section 18.510.120 Section 18.510.100 18.510.080.B.3 Section 18.510.120 Section 18.510.100 18.510.100.A Chapter 18.795,Map and Text Chapter 18.790,Text and Map Amendments Amendments 18.510.110.A.2 Subsection 18.510.130.B. Subsection 18.510.110.B. 18.510.110.B.2.b Subparagraph 18.510.130.B.2.a Subparagraph 18.510.110.B.2.a 18.630.030.A.3 Chapter 18.740,Conditional Use. Chapter 18.740,Conditional Uses. 18.630.080.A Chapter 18.740,Conditional Use. Chapter 18.740,Conditional Uses. 18.650.030.B.2.ii Chapter 18.310,Off-Street Parking and Chapter 18.410,Off-Street Parking and Loading Loading 18.650.080.A Chapter 18.310,Off-Street Parking and Chapter 18.410,Off-Street Parking and Loading Loading 18.650.080.B Chapter 18.320, Landscaping and Chapter 18.420,Landscaping and Screening Screening 18.650.130.A Chapter 18.310,Off-Street Parking and Chapter 18.410,Off-Street Parking and Loading Loading 18.650.130.A.2 Table 18.310.2. Table 18.410.3 18.650.130.A.4 Table 18.310.2. Table 18.410.3 18.670.040.B Table 18.120.3 Table 18.320.1 18.670.070.C.2 Table 18.120.3 Table 18.320.1 18.830.020.J Chapter 18.790,Adjustments Chapter 18.715,Adjustments 18.830.060.B.9 18.830.040.B Section 18.830.040.B 18.910.020.D 18.790.030.B.8 Section 18.715.050 18.910.130.0 Section 18.830.080 Section 18.830.070 Housekeeping Amendments Page 2 of 2 WITI .: :: j�� �Jr �j ---1EXHIBIT B ��. .�� :J l� ' s -�- `r- _/- Zoning Map � '1� Jr • grallir� ly &z �� !i J�1 Tffective 01/31/2019 I. i1I 11 ta , 1 I 1 City of Tigard,Oregon W , Mil R-4.5 L41 I J R-0.5 I 1 .: INAlligr -I: 121111 4". ,r tL__,_ , 1... R_1i21 I ,` J I I,, t Base Zones (t"'"�''•^� r. "` .-12 R-05 MUg2 -t I 1 R- Residential Low-Density s�t % 'J -11W '' S--____I , R.__3 4• 2 1 1_..-111 ',--I R-2.Residential Low-Density JS l I. /1 1 - R-3,5:Residential Low-Density _ 12 R-7 R-25 6] R_ R_t 2 �T - -� R 25 32G-P R-12 r R-4.5:Resident al Low Density •��� • _ SR-yR R-7 Residential Medium Density t_f,--11 R_7Rd 1 MUR-1 R 1 RR-0.5 R 12 R-12:Res dental Med um Density R-3.5 r R-12do R-12 R 2 R-0.5 R-7 R-7 i R-25.Residential Medum-Hgh-Density I(� �.�dib� 1 1 R-12(HR a''µ R-4.5 C-P}._2 J C P R-40,Residential High Density um t' R-7 "�. k -y;- CJD I 2r/ R-25 PR- J PR R- - \�U. MUR-( Mixed-Us Residential I R R 1111115110, 7 ,\_J 7 •E - , EN MUR-2:Mixed-Use Residential 00 )- T 1 �- �..�5--.--L. -� R-25 R_7 �� C-C 777!!llrrrr PR(HR) -- `--' PR . 1-P < MU-CBD:Mixed-Use Central Bus Disc / 1 3 R i :. C-C:Community Commercial "'-'- ' / 10 IlL/11 '12 PR R I R-25 - f /2..."‘ I i•' ^2+ 11111 _ C-G.General Commercial I it, d V '1?1tk / ( 1 C-N Neighborhood Commercial f -- II tea... 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I-L:Light Industrial tl ) :�^R-7� ) L i PR R-3.5 _ 1 L L___J 8 IIR-12 I / r I I PR PR R 7 a ® 1•9:Industrial Park el I-� 1 f i PR (1111■ I-H Heavy Industrial II 1.1 i J 1 t- } R-7 5-1 R-2 R-4.5 I , �,I J I ',�,,yyr R-12l R-12 I{ PR Parks and Recreation jl I - 'Y �_ )--I f--7 F R12 (HR) R-7 R•7 I n I� t WA-Cnty:Washingon County -•- _ 1 R-25 " o_ tl R-7 �r.., - L ___-------� I I I R-4.5 R-3.5 EP' R-7 I Ove�rllay Zone 11 L:c� _.- �•) L, pptc I r I I 1,�R-4/ RR-3.5 HR m^ -� •.. Historic Resource(HR) r) R-12 R-0.5 1 __ �- �P 1 IR i / R-0.5 ( ) R-4 5 `� IL-___TI 1 -d v Ill I 7 RI ,I/. it '. I (D Tigard City Boundary y 14:1:-13 9 R-7 �_` ) 113 ✓ R-25 R-12 �' Urban Services Boundary 11 `_ _ ) I_-' r` ' / 5-12 R_7 R-12 R 12 liiai ` Urban Growth Boundary 11 111 R-12 R-12 R 12 1 i s ( .R-7r1 /9 R 25 R-4.5 R-0.5 R-12R 12 R-12 R.72 ��'� „' Scale I�- I _._.._.. S��g- r+. R-12 I•P .(HR) ' I 1' OMiles 1 lam_ - r R-0.5 , ]'' 0 0,25 0.5 11 1 jr IIS - • 1� •� 1 -_d RS f6 ....-._ ._. JI "- .,- R-12 /0 /--I �u .� I ` // / ' i MopCreazed:IOR9/2018 : _ i -- ;' 1 7 ' • City of Tigard,Oregon �M - I •r re 13125 SW Ha11BIvd 'Pi aiil _ Tigard, OR97223 L�''-��p - ' r�ir •�/ ww 503 6394171 IIGA r d ---1 ` r 1 w.t i g a r d-or.gov ul Exhibit C FINDINGS AND CONCLUSIONS This document contains all applicable city,regional,and state provisions that apply to the package of legislative amendments known as the Phase II Code Amendment Project:Land Use Procedures and Development Standards (Land Use Files DCA2018-00004 and ZON2018-00005) and describes how each provision is met.Provisions that are not included are not considered applicable. A. TIGARD COMMUNITY DEVELOPMENT CODE (TITLE 18) Chapter 18.795:Map and Text Amendments 18.795.020.A Legislative zoning map and text amendments shall be processed through a legislative procedure,as provided in Section 18.710.110. FINDING: The proposed amendments are legislative in nature. Therefore, the amendments have been processed through the legislative procedure as provided in Section 18.710.110. This requirement is satisfied 18.795.020.B A recommendation or decision on a legislative amendment may be based on consideration of all applicable legal requirements,including but not limited to Oregon Revised Statutes,Oregon Administrative Rules, Statewide Planning Goals,and Metro Urban Growth Management Functional Plan. FINDING: This provision does not require consideration of the above listed legal requirements;however, applicable requirements have been considered in this report,including applicable Statewide Planning Goals and Urban Growth Management Functional Plan requirements. This requirement is satisfied Chapter 18.710:Land Use Review Procedures 18.710.110A All legislative applications require two hearings,one before the Planning Commission and one before City Council. Notice of hearings are required by state law and must also be published in a newspaper of general circulation in the city.Affidavits of mailing and publishing must be included in the record. FINDING: A hearing before the Planning Commission was held on November 5,2018. A hearing before the City Council was held on December 11,2018. Notice commensurate with state law and Measure 56 was mailed on October 9,2018 to all propery owners in the R-25 tone about the proposed change to prohibit future development of single detached houses in this tone, and to allproperty owners in the C-N tone about the proposed change to make drive-through facilities a conditional use. Notice was sent to Tigard interested parties and affected government agencies by US Postal Service and email on October 16,2018 and November 15,2018.Notice was also published in the Tigard Times newspaper on October 18,2018 and November 22,2018.Affidavits of all mailings and publishings were included in the record These requirements are satisfied. Findings and Conclusions(DCA2018-00004 and ZON2018-00005) PAGE 1 OF 7 Exhibit C CONCLUSION: The applicable provisions of the Tigard Community Development Code are met. B. TIGARD COMPREHENSIVE PLAN Chapter 1: Citizen Involvement Goal 1.1 Provide citizens, affected agencies,and other jurisdictions the opportunity to participate in all phases of the planning process. FINDING:In addition to the public hearings and pub&notices described above in the findings forLand Use Review Procedures, citizens and interested parties were given the opportunity to participate in the development of the proposed amendments. • Staff held two meetings with the Housing Options Task Force in May and July 2018 to solicit input on site and building design standards for apartments. This group was formed by City Council resolution on December 5,2017 to inform the work of the Phase II code changes related to housing policy. The committee included the Planning Commission president, a representative from the Town CenterAdvisory Committee, a representative from the Tigard Transportation Advisory Committee, a representative from an affordable housing provider, and three at-large members. • Staffheld three meetings with the DevelopmentAdvisory Committee in August,September, and November of 2018. The committee included Home Builders Association members and local public utility representatives. Staff solicited input on all land use procedures, lot width and shape standards,and site and building design standards for single detached houses and rowhouses. • Staff held three briefings with the Planning Commission to solicit input on all land use procedures. The majority of the discussions focused on expirations, extensions,modifications, adjustments,and planned developments. Staff also met with the Planning Commission President separately to discuss aspects of the proposal in more detail. • Staffheld one meeting and had numerous phone conversations with a Polygon Northwest representative to solicit input on planned developments,adjustments,and site and building design standards for apartments and development in commercial tones,particularly as they related to the Community Commercial(C-C)tone in River Terrace. This requirement it sati fed Chapter 2:Land Use Planning Policy 2.1.2 The City's land use regulations,related plans,and implementing actions shall be consistent with and implement its Comprehensive Plan. Findings and Conclusions(DCA2018-00004 and ZON2018-00005) PAGE 2 OF 7 Exhibit C FINDING:As demonstrated by this report,the proposed amendments to the Tigard Community Development Code are consistent with the Tigard Comprehensive Plan. This requirement is satisfied Policy 2.1.3 The City shall coordinate the adoption,amendment,and implementation of its land use program with other potentially affected jurisdictions and agencies. FINDING: Notice of the proposed amendments was sent to affected agencies and jurisdictions, and each agency was invited to comment on the proposal. No comments were received This requirement is satisfied Policy 2.1.12 The City shall provide a wide range of tools,such as planned development, design standards,and conservation easements,that encourage results such as:A. High quality and innovative design and construction;B.Land use compatibility; C.Protection of natural resources;D.Preservation of open space;and E. Regulatory flexibility necessary for projects to adapt to site conditions. FINDING:The proposed amendments include design standards that allow for each of the results(A through E)listed in Policy 2.1.12, above. High quality design is ensured through the proposed site and building design standards for apartments,single detached houses, and development in commercial zones,while innovative design and construction is allowed through the proposed general adjustment and planned development review process. Land use compatibility is ensured through the conditional use and planned development review process and by perimeter screening between developments in different zones. Protection of natural resources is encouraged through the planned development review process, which allows for flexible site design. Preservation of open space within apartment developments is ensured through a common open space requirement. Regulatoryflexibility is built into the general adjustment and planned development review process by giving applicants the ability to adjust standards to address site constraints. Taken together, the proposed changes provide a wide range of tools that will encourage the results sought in this policy. This requirement is satisfied Policy 2.1.21 The City shall require all development to conform to site design/development regulations. FINDING:The proposed amendments include many new and revised procedures with updated approval criteria that require development to comply with all applicable site and building design standards.Additionally,site and building design standards were updated and consolidated for apartments, single detached houses, and development in commercial zones, making it easier to locate and comply with all applicable standards. This requirement is satisfied Policy 2.1.23 The City shall require new development,including public infrastructure,to minimize conflicts by addressing the need for compatibility between it and adjacent existing and future land uses. FINDING: The proposed amendments include a revised conditional use and planned development review process that requires proposed developments to demonstrate compatibility with surrounding developments in order to obtain approval.Additionally, the new modification Findings and Conclusions(DCA2018-00004 and ZON2018-00005) PAGE 3 OF 7 Exhibit C and adjustment review process requires any impacts from new or modified developments to be mitigated to the extent practicable. Revised development standards further support compatible development. Revised landscaping and screening standards require screening of uses and activities that are likely to adversely impact the public realm or surrounding properties. Revised apartment and commercial tion development standards rely on a number of site and building design tools to minimize conflict between uses including but not limited to,additional setbacks, additional screening of large walls, and the placement of loading and service arras awayfrom sensitive uses. This requirement is satisfied Policy 2.1.24 The City shall establish design standards to promote quality urban development and to enhance the community's value,livability,and attractiveness. FINDING:Prior to the Phase II Code Amendment Project, design standards for residential development were limited in scope.Most residential development standards applied only to apartments adjacent to single detached house development. The first part of the Phase II project began implementation of apolicy initiative to establish residential design standards that ensure the value, livability, and attractiveness of the city is preserved and increased. This part of the Phase II project continues that work by including minimal design standards for single detached houses and robust standards for apartments and nonresidential development in commercial zones. These standards require that new development is compatible with existing development. Standards for street facing facades ensure that the pedestrian realm remains attractive and that housing does not present a blank wall to the street. These standards also meet the state's clear and objective requirement, which prevents subjective aesthetic criteria from being applied to residential development. These standards concurrently implement the city'sgoals and the state's housing requirements. This requirement is satisfied Policy 2.2.10 The City shall require the appropriate use of trees and other vegetation as buffering and screening between incompatible uses. FINDING:The proposed development standards for apartments and nonresidential developments in commercial and industrial zones require the use of trees and other landscaping to buffer and screen incompatible or nuisance uses from the street and adjacent properties. The proposed landscaping and screening standards provide clear and objective methods to meet landscaping and screening requirements, unlike the current standards that are vague or conflict with other sections of the code. This requirement is satisfied Policy 2.3.5 The City shall develop and enforce site design and landscape requirements to reduce the aesthetic and environmental impacts of impervious surfaces through the use of trees and other vegetation. FINDING: The proposed development standards for apartments and nonresidential developments in commercial and industrial zones either requires parking lots to be located behind or to the side of buildings or to be screened from the street with landscaping, including a low wall or hedge. This requirement is satisfied Findings and Conclusions(DCA2018-00004 and ZON2018-00005) PAGE 4 OF 7 Exhibit C Chapter 10:Housing Policy 10.1.1 The City shall adopt and maintain land use policies,codes,and standards that provide opportunities to develop a variety of housing types that meet the needs, preferences,and financial capabilities of Tigard's present and future residents. FINDING:The city aspires to provide opportunities for greater housing variety in order to meet the needs of its present and future residents at all stages of life. However, the city currently has only two high-density zones:R-25 and R40. Since only a single parcel is zoned R-40,this leaves the R-25 zone as the city s de facto high-density zone where apartments and rowhouses may be built. However, current standards allow the construction of single detached houses in this zone at halfthe density of apartments and rowhouses. Since the R-25 zone represents only 6 percent of the city's residentially-zoned land, it is necessary to prohibit single detached houses in this zone in order to ensure that other housing types are built that meet the needs,preferences, and financial capabilities of Tigard residents,many of whom are unable to a ford a single detached house. The proposed amendments ensure that the city's small amount of higher-density land is apprr priately utilized for higher-density residential development,thereby increasing the variety of housing types available in Tigard. This requirement is satisfied Policy 10.2.6 The City shall promote innovative and well-designed housing development through application of planned developments and community design standards for multi-family housing. FINDING:The proposed amendments encourage innovative and well-designed housing through the revised planned development reviewprocess.Additionally,the site and building design standards for apartments have been revised to apply throughout the city, not only to where they are ad acent to zones with single detached houses. Thy have also been substantially revised and include a clear and comprehensive set of standards that ensure developments are compatible with surrounding properties,present an inviting face to the street, and provide comfortable and safe housing for residents. This requirement is satisfied Policy 10.2.8 The City shall require measures to mitigate the adverse impacts from differing,or more intense,land uses on residential living environments,such as:A.orderly transitions from one residential density to another;B.protection of existing vegetation,natural resources and provision of open space areas;and C. installation of landscaping and effective buffering and screening. FINDING:The proposed amendments ensure that more intense land uses utilize measures to mitigate adverse impacts on existing residential neighborhoods. Revised landscaping and screening standards require screening of uses and activities that are likely to adversely impact the public realm or surrounding properties. Revised apartment and commercial zone development standards rely on a number of site and building design tools to minimize impacts on surrounding properties including, but not limited to,additional setbacks, additional screening of large walls, and the placement of loading and service areas awayfrom residential uses. This requirement is satijed. CONCLUSION: The applicable provisions of the Tigard Comprehensive Plan are met. Findings and Conclusions(DCA2018-00004 and ZON2018-00005) PAGE 5 OF 7 Exhibit C C. METRO CODE 3.07 (Urban Growth Management Functional Plan) Title 1 The Regional Framework Plan calls for a compact urban form and a"fair- share"approach to meeting regional housing needs. It is the purpose of Title 1 to accomplish these policies by requiring each city and county to maintain or increase its housing capacity except as provided in section 3.07.120. FINDING The proposed amendments preserve housing capacity in Tigard. The proposal does not reduce the minimum density of any tone.Additionally, the proposal to prohibit development of single detached houses in the R-25 tone ensures that this tone meets the density goals of the Tigard Comprehensive Plan and that the city's highest density tones are reserved for appropriately dense housing types,such as apartments and rowhouses. This requirement is satisfied. Title 8 A city or county proposing an amendment to a comprehensive plan or land use regulation shall submit the proposed amendment to the COO at least 35 days prior to the first evidentiary hearing on the amendment and shall comply with the functional plan. FINDING: The proposed amendments were submitted to a designee of the COO (Metro's Chief Operating Officer)on October 1,2018. The first evidentiary hearing was November 5, 2018. The 35-day submittal requirement was met. The only applicable provisions of the functional plan that apply to the proposed code amendments are addressed above under Title 1. CONCLUSION: The applicable provisions of Metro Code 3.07(Urban Growth Management Functional Plan)are met. D. STATEWIDE PLANNING GOALS (Oregon Revised Statutes Chapter 197) Goal 1 This goal outlines the citizen involvement requirement for adoption of Comprehensive Plans and changes to the Comprehensive Plan and implementing documents. FINDING:See Tigard Comprehensive Plan findings in Section B of this report for details on citi.en involvement. Goal 2 This goal outlines the land use planning process and policy framework. FINDING: The Department ofLund Conservation and Development(DLCD)has acknowledged that the Tigard Comprehensive Plan is consistent with the statewide planning goals.Any proposed amendments to this plan or any implementing regulations, such as the Tigard Community Development Code,must be submitted to DLCD within 35 days of the first evidentiary hearing. The proposed amendments were submitted to DLCD on October 1,2018. The first evidentiary hearing was November 5,2018. The 35-day submittal requirement was Findings and Conclusions(DCA2018-00004 and ZON2018-00005) PAGE 6 OF 7 Exhibit C met. Any proposed amendments to the Tigard Community Development Code must be processed and evaluated according to the requirements in the code and be consistent with the goals and policies of the Tigard Comprehensive Plan in order to remain compliant with Statewide Planning Goal 2. As demonstrated by this report, the proposed amendments have been processed according to the requirements in the code and are consistent with the Tigard Comprehensive Plan. This requirement is satisfied. Goal 10 This goal requires cities and counties to provide adequate capacity for needed housing. OAR Chapter 660 Division 8,which implements Goal 10, states that "the purpose of the division is to ensure opportunity for the provision of adequate numbers of needed housing units,the efficient use of buildable land within urban growth boundaries,and to provide greater certainty in the development process so as to reduce housing costs." FINDING: The city conducted an analysis of housing needs and capacity in 2012 as part of an update to Chapter 10 of the Tigard Comprehensive Plan. This analysis found the capacity to build 6,714 units on 600 acres throughout the city. The analysis also found that 6,545 new units were needed by 2032. Once the types of needed housing were compared with the inventory of buildable lands, the capacity dropped to 6,457, a shortfall of 88 units. The proposed amendments do not decrease housing supply or capacity. The proposal to prohibit development of single detached houses in the R-25 zone ensures that this zone meets the density goals of the Tigard Comprehensive Plan and that the city's highest density zones are reserved for appropriately dense housing types The city may only apply clear and objective standards to housing under Goal 10. The proposed amendments removed standards that were not clear and objective and provided new standards that met the clear and objective requirement. This requirement is satisfied. CONCLUSION: The applicable provisions of Statewide Planning Goals are met. Findings and Conclusions(DCA201S-00004 and ZON2018-00005) PAGE 7 OF 7