Ordinance No. 20-03 CITY OF TIGARD, OREGON
TIGARD CITY COUNCIL
ORDINANCE NO. 20- C)3
AN ORDINANCE AMENDING TITLES 1, 5, 6, AND 8 OF THE TIGARD MUNICIPAL CODE TO
CORRECT CITATIONS TO THE TIGARD COMMUNITY DEVELOPMENT CODE
WHEREAS, the Tigard Community Development Code (TCDC) has been updated several times recently and
the structure reorganized;and
WHEREAS, the Tigard Municipal Code (TMC) has not always been updated to accurately cross reference the
TCDC;and
WHEREAS, this ordinance updates the TMC with the correct references to the TCDC and reconciles the two
codes.
NOW,THEREFORE,THE CITY OF TIGARD ORDAINS AS FOLLOWS:
SECTION 1: Tigard Municipal Code 1.21.040 is amended to read as follows (new text in underline and
deleted text in strikcthrough):
The Director will shall review and evaluate all Claims received and shall process the Claims
consistent with ORS 195.312 and 195.314, supplemented by Tigard Municipal Code
("TMC") 18.710.060.B, C, and D and 18.710.090 18.390.010, subsections D H, except
that appeal of the Director's decision will shall be to the City Council. Following review and
evaluation of the Claim,the Director will shall:
SECTION 2: Tigard Municipal Code 1.22.120 is amended to read as follows:
Notice of a vested rights hearing will shall be given as provided in TMC 18.710.070.A
18.390.050(C), except that the reference to the Land Use Board of Appeals will shall be
deleted.
SECTION 3: Tigard Municipal Code 5.04.030 is amended to read as follows:
9. "Temporary business" means any business that meets the criteria outlined in Chapter
18.385.050 of the Community Development Code and has a valid temporary use permit
pursuant to TCDC 18.440.
SECTION 4: Tigard Municipal Code 5.04.120 is amended to read as follows:
2. Businesses which constitute a home occupation pursuant to TCDC 18.760 as defined in
Chapter 18.385.020 of the Tigard community development code shall must have a valid
home occupation permit prior to the issuance of a business license. All other business
licenses will shall be issued upon written application and receipt of the applicable fee by the
City.
ORDINANCE No.20-03
Page 1
SECTION 5: Tigard Municipal Code 6.02.120 is amended to read as follows:
All property within the city must shall be maintained in compliance with the visual
clearance requirements of TCDC 18.930.030 Section 18.795.030.
SECTION 6: Tigard Municipal Code 6.02.130 is amended to read as follows:
Erection of a fence or wall, except as in compliance with TCDC 18.210.020, 18.310.020,
and 18.350.040.I Section 18.745.050.C, is declared to be a public nuisance in violation of
this title.
SECTION 7: Tigard Municipal Code 6.02.140 is amended to read as follows:
Constructing, placing or maintaining an accessory structure in violation of the provisions
of TCDC 18.290.050 Section 18.510.060 is declared to be a public nuisance in violation of
this title.
SECTION 8: Tigard Municipal Code 8.02.030.A is amended to read as follows:
3. Noncompliance with the requirements of TCDC 18.420 Chapter 18.790.
4. Noncompliance with administrative rules in the Urban Forestry Manual that
implement the requirements of TCDC 18.420 Chapter 18.790.
SECTION 9: Tigard Municipal Code 8.02.030.F is amended to read as follows:
1. Unlawful tree removal in violation of TMC Title 8,TCDC 18.420,Chapter 18.790 or
the Urban Forestry Manual;
2. Damaging, moving or removing a tree protection fence in violation of TCDC 18.420
Chapter 18.790 or administrative rules in the Urban Forestry Manual that implement the
requirements of TCDC 18.420 Chapter 18.790;
3. Failure to provide inspection reports by the project arborist or landscape architect as
required by TCDC 18.420.060.E.1 in noncompliance with Section 18.790.060.B or
administrative rules in the Urban Forestry Manual that implement the requirements of
TCDC 18.420 Chapter 18.790.
SECTION 10: Tigard Municipal Code 8.02.050 is amended to read as follows:
D. "Covered soil volume" means a volume of soil that is under pavement and specially
designed to support the growth of a tree. Covered soil volumes contain existing, new or
amended soil with the physical, chemical and biological properties necessary to support
the growth of a tree,while at the same time supporting the loadbearing requirements and
engineering standards of the overlying pavement. Covered soil volumes would not be
considered tree growth limiting by a project arborist or landscape architect in an urban
forestry plan developed per the standards in TCDC 18.420 Chapter 18.790 and
corresponding administrative procedures.
ORDINANCE No.20-03
Page 2
N. "Parking lot tree" means any tree used to meet the requirements in as defined by
TCDC 18.30.020.T.5.o. Section 18.715.050.E.
X. "Tree canopy cover, effective" means a formula detailed in TCDC 18.420 Chapter
18.790 and corresponding administrative procedures used to calculate the amount of tree
canopy that will be provided for a given lot or tract through any combination of
preserving existing trees and planting new trees. In general, the formula grants bonus tree
canopy credit based on the existing tree canopy of trees that are preserved, and grants
additional tree canopy credit based on the projected mature tree canopy of newly planted
trees.
SECTION 11: Tigard Municipal Code 8.04.030.0 is amended to read as follows:
The City Board or Committee Decision Making Procedures will shall be consistent with
the procedures in TCDC 18.710.070 Section 18.390.050 of the Tigard Municipal Code
cxccpt subsections 18.390.050.A and B.2.c do not apply. The review body will shall be the
city board or committee so designated by the city manager or designee.
SECTION 12: If any provision of this ordinance or the application thereof to any person or
circumstance is held invalid, such invalidity does not affect the other provisions or
applications of the ordinance which can be given effect without the invalid provision or
application, and to this end the provisions of this ordinance are severable. This City
Council hereby declares that it would have adopted this ordinance irrespective of the
invalidity of any particular portion thereof and intends that the invalid portions should be
severed and the balance of the ordinance be enforced.
SECTION 13: This ordinance shall be effective 30 days after its passage by the council, signature by the
mayor,and posting by the city recorder.
PASSED: By Zina if N2 Uled_ vote of all council members present after being read by number
and title only, this JiLiLilay of Q/111 Mai" ,2020.
*(4
Carol A. Krager,City Recorder
w
APPROVED: By Tigard City Council this / day of / ,2020.
Jas. :. Snider,Mayor
Approved as to form: r,,
City Attorney
I H 13,020
Date
ORDINANCE No.20-0 3
Page 3