11/05/2018 - PacketPLANNING COMMISSION AGENDA – NOVEMBER 5, 2018
City of Tigard | 13125 SW Hall Blvd., Tigard, OR 97223 | 503-639-4171 | www.tigard-or.gov | Page 1
City of Tigard
Planning Commission Agenda
MEETING DATE: November 5, 2018 - 7:00 p.m.
MEETING LOCATION: City of Tigard – Town Hall
13125 SW Hall Blvd., Tigard, OR 97223
1. CALL TO ORDER 7:00 p.m.
2. ROLL CALL 7:00 p.m.
3. COMMUNICATIONS 7:02 p.m.
4. CONSIDER MINUTES 7:04 p.m.
5. PUBLIC HEARING 7:05 p.m.
DEVELOPMENT CODE AMENDMENT (DCA) 2018-00004
- PHASE II PROCEDURES AND DEVELOPMENT STANDARDS -
The City of Tigard proposes legislative amendments to the Tigard Community Development Code
(TCDC). The text amendments include the following:
1. Repeal and replacement of land use procedures including:
a. Site development review,
b. Conditional use,
c. Planned developments, and
d. Adjustments
2. Consolidation of procedures for modifications of approvals into a new chapter;
3. Consolidation and revision of procedures related to expirations of approvals;
4. Creation of new land use procedures related to extensions of approvals;
5. Consolidation and revision of apartment development standards;
6. Consolidation and revision of commercial development standards;
7. Repeal and replacement of landscaping standards;
8. Addition of design standards for single detached houses;
9. Amendment of lot width, frontage width, and shape standards; and
10. Miscellaneous housekeeping code amendments identified by staff.
LOCATION: Citywide
6. OTHER BUSINESS 8:35 p.m.
7. ADJOURNMENT 8:45: p.m.
October 1, 2018 Page 1 of 5
CITY OF TIGARD
PLANNING COMMISSION
Minutes, October 1, 2018
Location: Tigard Civic Center
Town Hall, 13125 SW Hall Blvd.
CALL TO ORDER
President Fitzgerald called the meeting to order at 7:00 p.m.
ROLL CALL
Present: President Fitzgerald
Commissioner Hu
Commissioner Jackson
Commissioner Lieuallen
Commissioner Middaugh
Commissioner Roberts
Alt. Commissioner Whitehurst
Absent: Vice President Feeney; Commissioner Brook; Commissioner Schmidt
Staff Present: Tom McGuire, Assistant Community Development Director;
Doreen Laughlin, Executive Assistant; Schuyler Warren, Associate Planner
COMMUNICATIONS – None.
CONSIDER MINUTES
President Fitzgerald asked if there were any additions, deletions, or corrections to the September
17 minutes; there being none, President Fitzgerald declared the minutes approved as submitted.
DEVELOPMENT CODE AMENDMENT (DCA) 2018-00003
- PHASE II POLICY AND PROCEDURES
REQUEST:
The City of Tigard proposes legislative amendments to the Tigard Development Code (TDC).
The focus of the amendments is on:
1. Policy changes to allow missing middle housing types as recommended in the 2013
Housing Strategies Report and under Goal 10 of the Tigard Comprehensive Plan;
2. Reorganization of residential and commercial design standards;
3. Policy changes related to group living, transitional housing, and emergency shelter to
meet federal requirements;
4. Provision of an on-street parking credit;
5. Clarifying process and standards for small cell wireless installation in the right-of-way;
October 1, 2018 Page 2 of 5
6. General housekeeping to increase consistency and remove redundancies;
7. Miscellaneous code fixes identified by staff;
8. Replacing and removing outdated and ineffective regulations;
9. Streamlining existing processes and procedures; and
10. Addressing minor deficiencies in the code.
STAFF REPORT
Associate Planner Schuyler Warren introduced himself and went over the staff report. (Staff
reports are available on-line one week before each public hearing.) He said they would be considering the
Phase II policy procedures development code amendment proposal and he distributed a memo
dated Sept 27 detailing some additions to the proposed code amendments (Exhibit A).
Additionally, he distributed a copy of comments that had come in prior to 5:00 p.m. on October
1st for the commissioners to consider (Exhibit B). He reminded them that last year the
Commission and City Council had considered the Phase I Code Amendments. He explained
that the set of amendments in Phase I was the major restructuring of the code; there were not a
lot of policy changes. There were some language changes, but mainly it was reshaping the way
the code was organized. He explained that this evening they would be looking at Phase IIA
which includes housing, some minor reorganization, and some omnibus changes. This same
Phase IIA would be looked at by City Council in November. Phase IIB, which will include
Apartment and Commercial Standards plus Land Use Review will come before the Planning
Commission in November – and on to the City Council in December. He pointed out that in
each of these phases they will be progressively implementing the Strategic Plan - so there’s a big
focus to make sure they’re including walkability and interconnectedness in the work they’re
doing. He explained that Phase IIA and Phase IIB will have the same effective date. So even
though they’re in two different packages, they’ll take effect at the same time i.e., January 2019.
He then went over items detailed in a PowerPoint (Exhibit C).
Afterwards, he noted that Commissioner Hu’s comments hadn’t been included in the additional
comments group – but that they will be.
STAFF RECOMMENDATION
Staff recommends the Planning Commission find in favor of the proposed development code
text amendments with any alterations as determined through the public hearing process, and
make a final recommendation to the Tigard City Council.
QUESTIONS FROM THE COMMISSIONERS
Can you give me an example of a street in Tigard where we’d be allowing quads – on a street,
not a corner? Not offhand. I’m curious because quads don’t fit well with a regular residence in a
3.5 as I view them in my head. I’m worried about character change. That’s one of the reasons why it’s
limited to arterial and collector streets which are higher traffic streets. The other thing about them is they’re not
from the façade distinguishable from any standard larger single-family detached house – and we do require the
parking be placed on the side of the rear. So, if you come to the end of Bonita Road on Hall Blvd
you’re sitting at that traffic light - you’re looking at a quad right in front of you there on the left.
October 1, 2018 Page 3 of 5
That doesn’t really fit in most neighborhoods that I can think of – but that’s a major street
too… I’m not familiar with that particular development, so I can’t speak to whether it would qualify as a quad
under this code, but it’s certainly something I can look at.
There were some questions regarding “tiny houses” on wheels. Schuyler explained that
our code would allow a tiny house to be constructed off-site, brought in on wheels – then taken
off the wheels and put on a permanent foundation, but that the code doesn’t allow a tiny home
to remain on wheels; that would make it essentially a recreational vehicle. That’s in line with our
current code. We don’t allow occupation of recreational vehicles.
There was a discussion regarding transitional housing. The question was “I think the way it’s
written is to say that only religious organizations can do this. Is that true? Is there an opening
for non-religious charities to do transitional housing?” Schuyler said he hadn’t really gone into a
lot of depth on the transitional housing changes so he took the opportunity to provide more
depth on that at this time. After that conversation Commissioner Roberts said, “So that doesn’t
preclude say, the Red Cross from having a building where they provide temporary housing for
people who have had their apartment burned down or something like that?” Exactly.
Commissioners Jackson, Roberts, and Hu were concerned that only religious institutions would
have preferred temporary shelter use, and they would prefer that it would be open to other
organizations as well – not just to religious ones.
TESTIMONY IN FAVOR
Wayne Chapman – 11850 & 11900 SW 95th in the Greenburg Road neighborhood - read
through his testimony (Exhibit D).
Rich Roche – with AT&T, Director of Statewide External Affairs was complimentary of
the proposed code changes and informed the Commission that they are successfully working
with staff on some of the code language regarding small cells in the right-of-way.
Marilyn Manson – 11850 SW 95th supports the proposed changes because they provide for
affordable housing in Tigard. Rising home prices worries some people that their children and
grandchildren may not be able to afford living nearby. These people are working people –
teachers, construction workers, office workers, small business owners, etc. People who need
affordable housing. The proposed zoning changes would ensure affordable housing and the
missing middle range which would strengthen Tigard neighborhoods and community.
QUESTIONS FOR STAFF
If we wanted non-religious/non-profits to also share the temporary use without a permit
- what part of the section would have to be updated ? That would be in the beginning of the
temporary uses chapter.
TESTIMONY IN OPPOSITION – None.
CLOSE THE PUBLIC HEARING
October 1, 2018 Page 4 of 5
DELIBERATION
President Fitzgerald complimented staff on a job well done.
Commissioner Hu said he and at least two other commissioners wanted non-profit/non-
religious organizations to see the code be further amended to include provisions so that non-
religious/non-profits could also set up a temporary shelter like a religious organization can,
without a permit. There was a lengthy discussion regarding temporary use permits. Schuyler
explained that religious institutions already have facilities. The key difference in some of these
use categories is that a religious institution will already have classroom spaces and that kind of
thing that a social fraternal lodge or a community service use may not have. To clarify, he said
there’s no permit process. This is an allowance by right provided that they meet these standards.
The idea is – the organizations that do this type of work – work with municipalities in good
faith and so we also know that if a primary use is violating the terms of this, it becomes more of
a code compliance issue rather than on the other side going through a permitting process. So
this is a temporary use like some of the other temporary uses - like garage sales, or events held
for non-profits that don’t require a temporary use permit because they serve a public purpose or
the scale is of a different type. The idea behind that for this particular accessory use is that going
through a permitting process is cumbersome and the idea is that the City would work to allow it
provided certain provisions are met. He thinks that’s in line with the recommendations from the
task force for the homeless last year who provided a long list of recommendations to the City
Council with regard to housing provisions for unhoused individuals.
There was a lengthy discussion about whether to add the wording to allow the social, fraternal,
and lodge use as well. President Fitzgerald said someone could make a recommendation
regarding that and they could vote on it, making the choice as to whether to approve that or not.
MOTION
Commissioner Roberts made the following motion “I move the Planning Commission
forward a recommendation of approval to the City Council for application Development
Code Amendment DCA2018-00003 and adoption of the findings based on the testimony
received today and the memo of Sept 27 from Schuyler Warren to the Tigard Planning
Commission; and including modification of Chapter 18.440 C2 to include the language
“social, fraternal, and lodge use.” The motion was seconded by Commissioner Jackson.
VOTE
All in favor, none opposed, none abstained.
RESULT OF THE VOTE
Motion to recommend approval to Council passes unanimously (6-0).
October 1, 2018 Page 5 of 5
President Fitzgerald announced that this will be going forward for City Council’s consideration
on November 13.
OTHER BUSINESS – None.
ADJOURNMENT
President Fitzgerald adjourned the meeting at 9:00 p.m.
_______________________________________
Doreen Laughlin, Planning Commission Secretary
_________________________________
ATTEST: President Calista Fitzgerald
PHASE II PROCEDURES AND DEVELOPMENT STANDARDS DCA2018-00004 ZON2018-00005
11/5/2018 PUBLIC HEARING, STAFF REPORT TO THE PLANNING COMMISSION PAGE 1 OF 12
Agenda Item: No. 5
Hearing Date: November 5, 2018 Time: 7:00 PM
STAFF REPORT TO THE
PLANNING COMMISSION
FOR THE CITY OF TIGARD, OREGON
SECTION I. APPLICATION SUMMARY
CASE NAME: PHASE II PROCEDURES AND DEVELOPMENT STANDARDS
CASE NO.: Development Code Amendment (DCA) DCA2018-00004
Zoning Map Amendment (ZON) ZON2018-00005
PROPOSAL: The City of Tigard proposes legislative amendments to the Tigard Community
Development Code (TCDC). The text amendments include the following:
1. Repeal and replacement of land use procedures including:
a. Site development review,
b. Conditional use,
c. Planned developments, and
d. Adjustments
2. Consolidation of procedures for modifications of approvals into a new chapter;
3. Consolidation and revision of procedures related to expirations of approvals;
4. Creation of new land use procedures related to extensions of approvals;
5. Consolidation and revision of apartment development standards;
6. Consolidation and revision of commercial development standards;
7. Repeal and replacement of landscaping standards;
8. Addition of design standards for single detached houses;
9. Amendment of lot width, frontage width, and shape standards; and
10. Miscellaneous housekeeping code amendments identified by staff.
The map amendment includes two change to the city’s overlay zones. It removes the
Planned Development overlay zone designation, and renames the Historic District
overlay zone designation to Historic Resource.
The proposed text and map amendments for the Planning Commission’s review are
included in Attachment 1 and Attachment 2, respectively, and summarized below in
Section IV of this report:
APPLICANT: City of Tigard
13125 SW Hall Blvd.
Tigard, OR 97223
ZONES: Citywide
LOCATION: Citywide
PHASE II PROCEDURES AND DEVELOPMENT STANDARDS DCA2018-00004 ZON2018-00005
11/5/2018 PUBLIC HEARING, STAFF REPORT TO THE PLANNING COMMISSION PAGE 2 OF 12
APPLICABLE
REVIEW
CRITERIA: Statewide Planning Goals 1 (Citizen Involvement), 2 (Land Use Planning), 10
(Housing); METRO’s Urban Growth Management Functional Plan Titles 1 and 8;
Comprehensive Plan Goals 1.1.2, 2.1.1, 2.1.2, 2.1.3, 2.1.12, 2.1.15, 2.1.21, 2.1.23, 2.1.24,
2.2.10, 2.3.5, 10.1.1, 10.2.6, and 10.2.8; and Tigard Development Code Chapters 18.710
and 18.795.
SECTION II. STAFF RECOMMENDATION
Staff recommends the Planning Commission find in favor of the proposed development code text amendments
(Attachment 1) and map amendments (Attachment 2) with any alterations as determined through the public
hearing process and make a final recommendation to the Tigard City Council.
SECTION III. BACKGROUND INFORMATION AND PROJECT SUMMARY
The Phase II Procedures and Development Standards project is the third part of a comprehensive multi-year
code modernization project to improve the Tigard Community Development Code so that it is more effective,
efficient, understandable, fair, and predictably flexible. The changes proposed will streamline processes,
modernize language, and provide a document that is easier to read, understand, and navigate. Phase I of the
code update project, completed in 2017, concentrated on smaller non-policy issues and code reorganization.
The first part of Phase II, which the Planning Commission forwarded to Council with a recommendation to
adopt on October 1, 2018, focused on policy changes related to housing, temporary shelter, strategic plan
implementation, parking standards, small cell wireless, further reorganization, and non-policy changes to
language.
This staff report covers the second part of the Phase II project and specifically focuses on the following code
areas:
Land Use Procedures
The updates related to procedural changes are intended to provide for a clearer process for both applicants and
staff. As currently written, many of the procedural chapters include standards, which are more appropriately
provided in other areas. The proposed code amendments will move these standards out of the land use
procedures and into the appropriate development standards chapters.
In addition, many of the procedures included approval criteria that were outdated or did not address items of
importance, such as pedestrian amenities that would further the city’s vision in the strategic plan.
The proposed code also moves the procedures for modifications out of the site development review and
conditional use chapters and into a new chapter dedicated solely to modifications. As part of this move, the
applicability of modifications was expanded to other types of land use applications, including planned
developments and land divisions.
The proposed code changes also broaden the applicability of adjustments to include much of the development
code. This change makes the various provisions for narrowly-focused adjustments in the current code obsolete.
Many of these adjustment provisions were removed in the first part of the Phase II update, and these changes
PHASE II PROCEDURES AND DEVELOPMENT STANDARDS DCA2018-00004 ZON2018-00005
11/5/2018 PUBLIC HEARING, STAFF REPORT TO THE PLANNING COMMISSION PAGE 3 OF 12
create the new procedure for granting the general adjustment. As part of this change, the process for variances
has been removed, as it is no longer necessary.
Development Standards
The first part of Phase II created a new structure for the code that separated development standards from land
use standards and procedures. These new standards were placed into two new code divisions, namely 18.200
for residential development standards and 18.300 for non-residential development standards.
In this part of Phase II, that work has been continued, consolidating development standards for apartments
and commercial developments from across multiple chapters, and creating new design standards for single
detached houses. Industrial development standards have also been consolidated and somewhat revised, but
they will be more fully updated in a future code project after consultation with the industrial development
community.
Landscaping and screening standards have also been extensively revised and updated to remove provisions that
weren’t about required landscaping and screening, such as the standards for fences and walls, and adding
provisions about required tree canopy that were located elsewhere, resulting in a more complete and
understandable set of landscaping standards.
Summary of Code Changes
This section provides a finer level of detail of the changes proposed for each new chapter of the revised
development code. Certain chapters of the code are moved and renumbered, some are removed entirely, and
others are added.
Chapter 18.20 Administration and Enforcement
This chapter has been revised to consolidate regulations related to expirations and extensions of land use
approvals that were previously spread throughout multiple chapters of the code. Provisions were also added
related to the new procedures for modifications.
Chapter 18.120 Commercial Zones
This chapter has been revised to remove all development standards, which have been moved to the appropriate
development standards chapters. Many regulations were revised for clarity and consistency, but do not involve
policy changes.
Chapter 18.230 Apartments
This chapter has been rewritten completely to provide detailed design and development standards for
apartments. Some of these standards have been incorporated from the former Chapter 18.110, Residential
Zones and Chapter 18.220, Residential Design Compatibility. Some standards are new and reflect common
regulatory approaches in other cities. Other standards have been removed completely. All standards are clear
and objective in order to comply with state law.
PHASE II PROCEDURES AND DEVELOPMENT STANDARDS DCA2018-00004 ZON2018-00005
11/5/2018 PUBLIC HEARING, STAFF REPORT TO THE PLANNING COMMISSION PAGE 4 OF 12
Chapter 18.290 Single Detached Houses
This chapter has been revised to provide minimal design standards for single detached houses, including
standards for entrances, windows, and garages. These standards are intended to ensure that single detached
houses present compatible street-facing facades.
Chapter 18.320 Commercial Development
This chapter was formerly a placeholder. It now contains development standards for commercial development,
most of which were moved from Chapter 18.120, Commercial Zones, and Chapter 18.780, Site Development
Review. Standards related to adult entertainment uses were moved from the former Chapter 18.740,
Conditional Uses. Those standards that were moved were revised for clarity and consistency with other
changes to the code.
Chapter 18.420 Landscaping and Screening
This chapter was completely rewritten. The previous chapter contained many standards related to different
types of development. These standards were moved out of the landscaping standards and into the chapter for
the appropriate development types. What remains in this chapter are the basic landscaping standards, with few
regulations for where these standards are applied. Instead, development standards chapters will reference
specific landscaping standards where landscaping or screening is required. In addition, much of Chapter 18.520,
Urban Forestry has been incorporated into this chapter.
Chapter 18.520 Significant Tree Groves
Many of the regulations of this chapter have been removed to Chapter 18.420, Landscaping and Screening.
What remains is an optional procedure for preserving significant tree groves in exchange for development
flexibility.
Chapter 18.715 Adjustments
This chapter was completely rewritten. Over time, multiple adjustments had been created throughout the code
to address specific situations where flexibility was warranted. Typically, the approval criteria for these
adjustments were minimal, creating a situation where adjustments were being granted nearly automatically. In
addition, certain standards that warranted flexibility could not be adjusted except through the planned
development process. The new procedure now allows adjustments for almost all standards within the code.
The approval criteria for these adjustments have been consolidated into this chapter, and now require an
applicant to demonstrate justification for an adjustment. In addition, two approval tracks have been created,
one of which mirrors the previous track for variances. As a result, variances have been removed from the code
altogether.
Chapter 18.740 Conditional Uses
This chapter was completely rewritten. Previously, the chapter contained additional standards for conditional
uses, many of which were redundant or unnecessary. All of these standards were removed, while the standards
for adult entertainment uses were moved to Chapter 18.320, Commercial Development. The chapter now
focuses on the approval process and criteria for conditional uses. Rather than specific standards, the approval
criteria now place emphasis on ensuring compatibility, mitigating impacts, provision of public facilities, and
requiring conditions where appropriate.
PHASE II PROCEDURES AND DEVELOPMENT STANDARDS DCA2018-00004 ZON2018-00005
11/5/2018 PUBLIC HEARING, STAFF REPORT TO THE PLANNING COMMISSION PAGE 5 OF 12
Chapter 18.745 Extensions
This new chapter creates a procedure for extending the approval period of certain land use applications prior to
the expiration date. While this procedure already existed in the code, there was no formal method for
processing and approving an application.
Chapter 18.765 Modifications
This new chapter creates a procedure for modifying land use applications after approval. Previously, only the
site development review and conditional use chapters provided a procedure for modifications. As a result, land
use applications like planned development could not be modified except through another planned
development application. The new chapter allows modification of site development review, conditional use
approval, land divisions, and planned developments.
In addition, while both the site development review and conditional use modification procedures allowed
minor modifications, major modifications were required to go through the full land use process again. This
chapter now provides a major modification process and requires that only substantial redevelopment goes
through the full land use process again.
The focus of modification approval is only on the proposed changes and their presumed impacts. Procedures
have been created to provide guidance in determining the correct modification procedure. The final
determination of procedure type is made by the director.
Chapter 18.765 Planned Developments
This chapter was completely rewritten. For developments that require more flexibility than is allowable through
the adjustment process, planned developments offer flexibility in exchange for public benefits. The procedure
for reviewing planned developments has been revised to ensure that the Planning Commission continues to
review planned developments to ensure compatibility with surrounding uses, appropriate environmental
impacts, and sufficient public benefits, while staff reviews the details of the proposal through the detailed plan.
Chapter 18.780 Site Development Reviews
This chapter was completely rewritten. Development standards were moved out of the chapter and into the
appropriate development standards chapters. The chapter now focuses on the procedure for site development
review.
Various Chapters Omnibus Amendments
The vast majority of these amendments are being proposed to improve clarity or organization or are in
response to the code amendments described above. The few proposed policy changes being proposed are
summarized as follows:
• Amends lot width, frontage width, and lot shape standards to facilitate the creation of regular shaped
lots and more explicitly prohibit the creation of flag lots in subdivisions.
• Prohibits single detached houses and accessory dwelling units in the city’s medium-high density R-25
zone.
• Allows nonconforming single detached houses to be rebuilt when accidentally destroyed.
• Adds standards related to landscaping, screening, service areas, and private utilities to the industrial
zone development standards.
PHASE II PROCEDURES AND DEVELOPMENT STANDARDS DCA2018-00004 ZON2018-00005
11/5/2018 PUBLIC HEARING, STAFF REPORT TO THE PLANNING COMMISSION PAGE 6 OF 12
• Increases the size of banners allowed in the right-of-way in the MU-CBD zone.
• Allows all housing types in the C-C zone within River Terrace where approved through the planned
development review process.
The amendments related to lot width came up during Phase I. After public testimony, Council opted to adopt
the Phase I amendments without any lot width changes and requested that staff give further study to this issue.
Staff developed the amendments currently proposed after consultation with a stakeholder group of
development professionals.
SECTION IV. APPLICABLE CRITERIA, FINDINGS AND CONCLUSIONS
STATEWIDE PLANNING GOALS AND GUIDELINES
State planning regulations require cities to adopt and amend Comprehensive Plans and land use regulations in
compliance with the state land use goals. Because the proposed code amendments have a limited scope and
the text amendments address only some of the topics in the Statewide Planning Goals, only applicable
statewide goals are addressed below.
Statewide Planning Goal 1 – Citizen Involvement:
This goal outlines the citizen involvement requirement for adoption of Comprehensive Plans and
changes to the Comprehensive Plan and implementing documents.
FINDING: This goal has been met in multiple ways.
An interim Development Advisory Committee was convened on August 16, 2018 and met again on September
13, 2018. This committee provided feedback to staff in the revision of the commercial and apartment
development standards and on the changes to the lot size and configuration standards.
Staff also presented the proposed changes to the apartment standards to the Housing Options Task Force on
May 16, 2018 and July 18, 2018. 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 Center Advisory Committee, a representative from the
Tigard Transportation Advisory Committee, a representative from an affordable housing provider, and three
at-large members.
Notice commensurate with state law and Measure 56 was mailed on October 9, 2018 to all property owners in
the R-25 zone informing of the proposed change to prohibit future development of single detached houses in
this zone, and to all property owners in the C-N zone informing them of the proposed change to make drive-
through facilities a conditional use.
Notice was sent to affected government agencies by US Postal Service and email on October 16, 2018.
The notice requirements set forth in Section 18.390.060 (Type IV Procedures) were met. A notice was
published in the Tigard Times newspaper on October 18, 2018. A minimum of two public hearings will be held
(one before the Planning Commission and the second before the City Council) at which an opportunity for
public input is provided. A minimum of three drafts of the proposed code changes (Discussion Draft,
Proposed Draft to the Planning Commission, and Planning Commission Recommendation to City Council)
will be made available to the public for review prior to hearings and adoption. This goal is satisfied.
PHASE II PROCEDURES AND DEVELOPMENT STANDARDS DCA2018-00004 ZON2018-00005
11/5/2018 PUBLIC HEARING, STAFF REPORT TO THE PLANNING COMMISSION PAGE 7 OF 12
Statewide Planning Goal 2 – Land Use Planning:
This goal outlines the land use planning process and policy framework.
FINDING: The Department of Land Conservation and Development (DLCD) has acknowledged the
City’s Comprehensive Plan as being consistent with the statewide planning goals. The Development Code
implements the Comprehensive Plan. The Development Code establishes a process and standards to review
changes to the Tigard Development Code in compliance with the Comprehensive Plan and other applicable
state requirements. As discussed within this report, the applicable Development Code process and standards
have been applied to the proposed amendment. This goal is satisfied.
Statewide Planning Goal 10 – Housing:
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 code changes do not decrease housing supply or capacity. The text amendments prohibiting
development of single detached houses in the R-25 zone will ensure that this zone meets the density goals of
the Comprehensive Plan and that the city’s highest density zones are reserved for appropriate development
types.
The city may only apply clear and objective standards to housing under Goal 10. The proposed code changes
remove any standards that are not clear and objective, and all new development standards for apartment and
single detached house development are clear and objective.
CONCLUSION: Based on the findings above and the related findings below, staff finds the proposed
code amendments are consistent with applicable Statewide Planning Goals.
METRO’S URBAN GROWTH MANAGEMENT FUNCTIONAL PLAN
State planning regulations require cities within the Metro service area to adopt and amend Comprehensive
Plans and land use regulations in compliance with Metro’s Urban Growth Management Functional Plan.
Because the proposed Code Amendments have a limited scope and the text amendments address only some of
the topics in METRO’s Urban Growth Management Functional Plan, only applicable Titles are addressed
below.
Title 1 – Housing Capacity
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: Title 1 has been met by preserving the housing capacity in Tigard. The proposed prohibition of
single detached houses in the R-25 zone ensures that only higher-density units, including rowhouses and
PHASE II PROCEDURES AND DEVELOPMENT STANDARDS DCA2018-00004 ZON2018-00005
11/5/2018 PUBLIC HEARING, STAFF REPORT TO THE PLANNING COMMISSION PAGE 8 OF 12
apartments, are allowed in this zone. Each of the standards provided in 3.07.120 Housing Capacity sets
minimum zoned capacity, which is not affected by the proposed changes. This title is satisfied.
Title 8 – Compliance Procedures
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. The COO may request, and if so the city or county shall submit, an analysis of
compliance of the amendment with the functional plan. If the COO submits comments on the
proposed amendment to the city or county, the comment shall include analysis and conclusions on
compliance and a recommendation with specific revisions to the proposed amendment, if any, that
would bring it into compliance with the functional plan. The COO shall send a copy of comment to
those persons who have requested a copy.
FINDING: Notice and a copy of the proposed code amendments were provided to Metro on October 1,
2018. No comments were received.
CONCLUSION: Based on the findings above, staff finds that the proposed code amendment is
consistent with Metro’s Urban Growth Management Functional Plan.
TIGARD COMPREHENSIVE PLAN
State planning regulations require cities to adopt and amend comprehensive plans and land use regulations in
compliance with the state land use goals and consistent with their adopted comprehensive plan goals and
policies. Because the development code amendments have a limited scope and the text amendments address
only some of the topics in the Tigard Comprehensive Plan, only applicable comprehensive plan goals and
associated policies are addressed below.
Comprehensive Plan Goal 1: Citizen Involvement
Policy 1.1.2: The City shall define and publicize an appropriate role for citizens in each phase of the
land use planning process.
FINDING: This goal has been met in multiple ways. See Statewide Planning Goal findings on citizen
involvement for details.
Comprehensive Plan Goal 2: Land Use Planning
Policy 2.1.1: The City’s land use program shall establish a clear policy direction, comply with state
and regional requirements, and serve its citizens’ own interests.
FINDING: The proposed text amendments to the development code comply with all state and regional
requirements, as the previous findings indicate. The proposed amendments provide clarification to ambiguous,
redundant, and contradictory language in the development code. The proposed amendments also establish a
clear policy direction for the approval of land use applications, and serve the citizens’ interest in a clear,
concise, and readily usable development code. This policy is satisfied.
Comprehensive Plan Goal 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.
FINDING: As demonstrated in this staff report, the proposed amendments to the Tigard Community
Development Code are consistent with the Tigard Comprehensive Plan. This policy is satisfied.
PHASE II PROCEDURES AND DEVELOPMENT STANDARDS DCA2018-00004 ZON2018-00005
11/5/2018 PUBLIC HEARING, STAFF REPORT TO THE PLANNING COMMISSION PAGE 9 OF 12
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: Copies of the proposed text amendments were sent to affected agencies and each agency was
invited to comment on the proposal, as required by Section 18.390.060 (Type IV Procedures) and discussed in
Section V of this report. No comments were received. This policy 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 design standards, while
innovative design and construction is allowed through the proposed general adjustment procedure. Land use
compatibility is ensured through appropriate size, scale, and screening requirements. Flexibility in configuration
of sites allows for decreased disturbance and encroachment into natural resource areas. Requ ired common
areas ensure adequate open space. The proposed adjustments procedures will offer applicants the option to
adjust standards that are difficult to meet because of site constraints or that otherwise result in innovative
design. Taken together, the proposed changes provide a wide range of tools that will encourage the results
sought in this policy. This policy is satisfied.
Policy 2.1.21: The City shall require all development to conform to site design/development
regulations.
FINDING: The proposed code changes include revised design and development standards for commercial
development, apartments, and single detached houses. The revisions remove obsolete and outdated standards
and add new standards that ensure high-quality development across all parts of the city, not just where
conflicting land uses or densities might require more rigorous standards. By updating these standards, the city
ensures that all development will conform to minimum site design and development standards. This policy 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 revised development standards for apartments and commercial development are designed to
ensure compatibility with existing neighborhoods and surrounding uses. The proposed design standards place
limits on the height, size, scale, and placement of these development types to ensure that they blend into
existing development patterns. Standards related to building facades ensure that buildings provide visual
interest and support the pedestrian realm. Standards related to open space ensure that development s provide
adequate space for outdoor activities and prevent overcrowding of buildings. The proposed landscaping
standards ensure that adequate screening is provided between incompatible uses and site amenities that may
cause conflict. This policy 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
PHASE II PROCEDURES AND DEVELOPMENT STANDARDS DCA2018-00004 ZON2018-00005
11/5/2018 PUBLIC HEARING, STAFF REPORT TO THE PLANNING COMMISSION PAGE 10 OF 12
detached house development. The first part of the Phase II code amendments began to implement a policy
initiative to establish residential design standards that ensure that the value, livability, and attractiveness of the
city is preserved and increased. This part of the code project continues that work by implementing minimal
design standards for single detached houses and robust standards for apartments and commercial development.
These changes require that new development blends into existing neighborhoods. Standards for street-facing
facades ensure that the pedestrian realm remains attractive and that housing does not present blank walls to the
street. These design standards also meet the state requirement that they be clear and objective, which prevents
subjective aesthetic criteria from being applied to residential development. The standards provided ensure that
the city’s goals and the state requirements are simultaneously met. This policy 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 apartment and commercial developme nt require the use
of trees and other vegetation as buffering and screening between incompatible uses, and around facilities and
service areas that may cause conflict or be aesthetically displeasing. The proposed landscaping and screening
standards provide clear and objective methods to meet landscaping and screening requirements, whereas the
landscaping and screening standards of the current code are sometimes vague or conflict with other parts of
the code. This policy 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 apartment and commercial development require a
minimum amount of vegetation and set limits on lot coverage to reduce the impact of impervious surfaces. The
proposed landscaping and screening standards provide clear and objective methods to meet these landscaping
requirements, whereas the landscaping and screening standards of the current code are sometimes vague or
conflict with other parts of the code. This policy is satisfied.
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 has expressed a desire through its Comprehensive Plan policies to provide opportunities
for greater housing variety, to meet the needs of its present and future residents at all stages of life. The city
currently has only two high-density zones: R-25 and R-40. The R-40 zone represents only a single parcel,
leaving the R-25 zone as the city’s de facto high-density zone. This zone represents only 6 percent of the city’s
residentially-zoned land. The present allowance for single detached houses in the R-25 zone conflicts with the
need for this zone to provide high-density apartment development. The proposed change will ensure that the
city’s small amount of lands zoned R-25 are utilized for higher-density development, meeting the needs,
preferences, and financial capabilities of Tigard’s present and future residents. This policy 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 code amendments encourage innovative and well-designed housing development
through application of planned developments through application of new approval criteria that focus on
providing flexible standards in exchange for public benefits. The procedure for reviewing planned
PHASE II PROCEDURES AND DEVELOPMENT STANDARDS DCA2018-00004 ZON2018-00005
11/5/2018 PUBLIC HEARING, STAFF REPORT TO THE PLANNING COMMISSION PAGE 11 OF 12
developments has been revised to ensure that the Planning Commission continues to review planned
developments to ensure compatibility with surrounding uses, appropriate environmental impacts, and sufficient
public benefits, while staff reviews the details of the proposal through the detailed plan. In addition, the
community design standards for apartments have been revised to apply throughout the city, not just where
those housing types may conflict with other housing types. This ensures a fair a nd consistent application of the
design standards and provides clarity for applicants. This policy 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 code amendments ensure the compatibility of apartments and commercial
development with existing neighborhoods through development standards that ensure appropriate size, scale,
and location on lots in relation to typical single detached house development. In addition, the standards include
requirements for common open spaces and screening at property boundaries and around off-street parking and
service areas. This policy is satisfied.
CONCLUSION: Based on the findings above, staff concludes that the proposed code text amendment is
consistent with applicable provisions of the Tigard Comprehensive Plan.
APPLICABLE PROVISIONS OF THE TIGARD DEVELOPMENT CODE
Section 18.380: Zoning Map and Text Amendments
18.380.020 Legislative Amendments to this Title and Map
Legislative zoning map and text amendments shall be undertaken by means of a Type IV procedure,
as governed by Section 18.390.060G.
FINDING: The proposed amendments are legislative in nature. Therefore, the amendment will be reviewed
under the Type IV legislative procedure as set forth in the chapter. This procedure requires public hearings by
both the Planning Commission and City Council. Public hearings are scheduled before the Planning
Commission on November 5, 2018 and before the City Council on December 11, 2018. This standard is
satisfied.
Section 18.380: Decision Making Procedures
18.390.060 Type IV Procedure
G. Decision-making considerations. The recommendation by the commission and the decision by the
council shall be based on consideration of the following factors:
1. The Statewide Planning Goals and Guidelines adopted under Oregon Revised Statutes Chapter
197;
2. Any federal or state statutes or regulations found applicable;
3. Any applicable METRO regulations;
4. Any applicable comprehensive plan policies; and
5. Any applicable provisions of the City's implementing ordinances.
PHASE II PROCEDURES AND DEVELOPMENT STANDARDS DCA2018-00004 ZON2018-00005
11/5/2018 PUBLIC HEARING, STAFF REPORT TO THE PLANNING COMMISSION PAGE 12 OF 12
FINDING: Findings and conclusions are provided throughout Section IV above, for the applicable listed
factors on which the recommendation by the Commission and the decision by the Council shall be based. This
standard is satisfied.
CONCLUSION: Based on the findings above, staff concludes that the proposed code text amendments
are consistent with applicable provisions of the Tigard Development Code.
SUMMARY
CONCLUSION: As shown in the findings above, staff concludes that the proposed amendments are
consistent with the applicable Statewide Planning Goals; METRO’s Urban Growth
Management Functional Plan; applicable Tigard Comprehensive Plan goals and policies,
and the applicable provisions of the City’s implementing ordinances.
SECTION V. AGENCY COMMENTS
City of Beaverton, City of Durham, City of Lake Oswego, City of Tualatin, City of King City,
Washington County, and Metro were notified of the proposed code and map amendments.
No comments were received from these agencies.
SECTION VI. PUBLIC COMMENTS
After notifying property owners in the R-25 zone of the proposal to prohibit single detached house in this
zone, the city received comments from two property owners expressing concern about this change.
Public comments are included in Attachment 3.
ATTACHMENTS:
Attachments:
1. Proposed Code Amendments
2. Proposed Zoning Map Amendment
3. Public Comments
October 29, 2018
PREPARED BY: Susan Shanks DATE
Senior Planner
October 29, 2018
APPROVED BY: Tom McGuire DATE
Assistant Community Development Director
City of Tigard
Proposed Code Amendments
(File No. DCA2018-00004)
Phase II Code Amendments:
Residential and Commercial
Development Standards
&
Land Use Review
Procedures
Planning Commission Draft – November 5, 2018
Please contact Susan P. Shanks, Senior Planner, at 503-718-2454 or susans@tigard-or.gov with
questions or comments about the proposed code amendments or the code adoption process.
ATTACHMENT 1
This page left intentionally blank.
PRIMARY CODE AMENDMENTS
This package of amendments includes the entirety of each of the chapters listed in the
table below, with the exception of Chapter 18.20 which includes amendments to only a
portion of the chapter. Strikethrough and underline text is used to show the proposed
amendments in only three chapters, as all other chapters contain all new text.
Chapter Chapter Title Type of Proposal Proposal Summary
18.20 Admin. and Enforcement Amended chapter
(strikethrough text)
NEW PROCEDURE: Adds
expiration time limits and
standardizes for almost all land
use approvals
18.120 Commercial Zones Amended chapter
(strikethrough text)
Relocates commercial zone
development standards to new
Chapter 18.320
18.230 Apartments New chapter NEW STANDARDS: Provides
consolidated, comprehensive,
and clear and objective set of
standards that apply to all
apartments equally
18.290 Single Detached Houses Amended chapter
(strikethrough text)
NEW STANDARDS: Adds building
design standards for entrances,
windows, and garages
18.320 Commercial Zone
Development Standards
New chapter NEW STANDARDS: Provides
consolidated, comprehensive
set of development standards
for nonresidential development
18.420 Landscaping and Screening Repeal and replace NEW STANDARDS: Provides
updated landscaping and
screening standards that
incorporate the city’s tree
canopy (urban forestry)
requirements
18.520 Significant Tree Groves Amended chapter Relocates the tree canopy
requirements to new Chapter
18.420
18.715 Adjustments Repeal and replace NEW PROCEDURE: Simplifies
process and provides more
flexibility by removing
limitations on the kinds of
adjustments that may be
requested
18.740 Conditional Uses Repeal and replace NEW PROCEDURE: Addresses
existing and discontinued
conditional uses and relocates
all development standards to
applicable development
standards chapters
18.745 Extensions New chapter NEW PROCEDURE: Standardizes
extension process for almost all
land use approvals and makes
process more transparent to
public
18.765 Modifications New chapter NEW PROCEDURE: Allows more
types of development to utilize
modification process, provides
appropriate level of review
based on type of modification,
and requires major
modifications to come closer
into conformance where
nonconforming
18.770 Planned Developments Repeal and replace NEW PROCEDURE: Removes the
overlay designation in the code
and on the zoning map and
provides more flexibility and
creativity in exchange for
demonstrated public benefit
18.780 Site Development Reviews Repeal and replace NEW PROCEDURE: Streamlines
entire chapter by simplifying
applicability section and
relocating all development
standards to applicable
development standards
chapters
ANCILLARY CODE (OMNIBUS) AMENDMENTS
This package of amendments includes partial amendments to 17 chapters. All
amendments are shown with underline and strikethrough text. The vast majority of these
amendments are being proposed to improve clarity or organization or are in response to
the primary code amendments described above. The few proposed policy changes are
summarized as follows:
• Amends lot width, frontage width, and lot shape standards to facilitate the
creation of regular shaped lots and more explicitly prohibit the creation of flag
lots in subdivisions.
• Prohibits single detached houses and accessory dwelling units in the city’s
medium-high density R-25 zone.
• Allows nonconforming single detached houses to be rebuilt when accidentally destroyed.
• Adds standards related to landscaping, screening, service areas, and priva te
utilities to the industrial zone development standards.
• Increases the size of banners allowed in the right-of-way in the MU-CBD zone.
• Allows all housing types in the C-C zone within River Terrace where approved
through the planned development review process.
Proposed Code Amendment
PC Draft (11/5/2018) – Administration and Enforcement (Expiration of Approvals) Page 1 of 2
Chapter 18.20
ADMINISTRATION AND ENFORCEMENT
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 submitted substantially change 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 imposed through a 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; or
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; or
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.
001
Proposed Code Amendment
PC Draft (11/5/2018) – Administration and Enforcement (Expiration of Approvals) Page 2 of 2
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 and within the applicable time periods.
a. For an approval requiring any kind of development permit, the development must:
i. 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:
a. Adequate Public Facilities Exceptions
b. Annexations
c. Comprehensive Plan Amendments
d. Development Code Amendments
e. Director Determinations
f. Historic Overlay Zone Designations
g. Nonconforming Use Determinations
h. Zoning Map Amendments
002
Proposed Code Amendment
PC Draft (11/5/2018) – Commercial Zones Page 1 of 16
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
18.120.050 Development Standards
18.120.060 Special Limitations on Uses
18.120.070 Additional Development and Design Guidelines
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. Purpose. 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 are available throughout the city so that residents
can fulfill all or most of their needs within easy dri ving and, ideally within easy walking or biking
distance of their homes. The location of land within each commercial district will be carefully
selected and design and development standards created to minimize the potential adverse impacts of
commercial activity on established residential areas. At the same time, it is important to create more
opportunities for mixed-use development, including residential, commercial, 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
of economic activities and job opportunities within the city limits, in compliance with the economic
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.
003
Proposed Code Amendment
PC Draft (11/5/2018) – Commercial Zones Page 2 of 16
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 institutions, and 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. In
addition to the standards of this chapter, development within these zones is subjec t to the standards of
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.
004
Proposed Code Amendment
PC Draft (11/5/2018) – Commercial Zones Page 3 of 16
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
mixed-use commercial zone bounded by 72nd 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 siteproperty. 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
standards of this chapter, development within this zone is subject to the standards of Chapter 18.620,
Bridgeport Village Plan District.
J. MUR-1 and MUR-2: mixed-use residential 1 and 2 zone. The MUR-1 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. In addition to the standards of this chapter, development within these zones are
subject to the standards of Chapter 18.670, Washington Square Regional Center Plan District.
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 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.
005
Proposed Code Amendment
PC Draft (11/5/2018) – Commercial Zones Page 4 of 16
Table 18.120.1
Commercial Zone Zones Use StandardsTable
Use Categories C-N
[1]
C-C
[1] C-G C-P
MU-
CBD
[1] [2]
MUE
[1] MUC-1 MUC MUE
1 and 2
MUR
1 and 2
Residential Use Categories
Group Living R [3]
P
R [3]
[2]
R [3]
[2]
P A A A A A A
Household Living R [3]
P
R [3]
[2]
R
[2,3]
[3,4]
P A A A A A A
Civic / Institutional Use Categories
Basic Utilities [5] A/C A/C
[4]
A/C
[4]
A/C
A/C
A/C
A/C
A/C
[4]
A/C
[4]
A/C
[4]
Colleges P P P P A C C C C C
Community Services P A 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]
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 [A] C [A] A A A A A A A C
Schools P P P P A C C C C C
Social/Fraternal
Clubs/Lodges
C [A] C [A] A A A A A A A C
Transitional Housing P P C P C P C C C C
Commercial Use Categories
Adult Entertainment P P C P P P P C P P
Animal-Related
Commercial
P P P P P A A P P P
Bulk Sales P P A P R [6]
A/P
[7]
A R [7]
[8]
R [8]
[9]
R [8]
[9]
P
Commercial Lodging P P A R [9]
A
A A A A A N
Custom Arts and Crafts P
R [10]
P
R [10]
P P R
[10]
P P P P P
Eating and Drinking
Establishments
C A A A R [11] A A A A A R
[12,13]
Indoor Entertainment A A A A A A A A A P
Major Event
Entertainment
P P C P C P C C P P
Motor Vehicle
Sales/Rental
P P A/C
[14]
[13]
P R [6]
A/P
[7]
P P R [15]
[14]
R [15]
[14]
P
Motor Vehicle
Servicing/Repair [15]
P
C [16]
C
[16]
A/C
[14]
P C R [7]
[8]
R [7]
[8]
P P P
Non-Accessory Parking C C A A A A A A A P
006
Proposed Code Amendment
PC Draft (11/5/2018) – Commercial Zones Page 5 of 16
Office A R[17]
A
A A A A A A A R
[12,13]
Outdoor Entertainment P P A R [11]
A
C P P C P P
Outdoor Sales P P A P P P P P P P
Personal Services A A A A A A R [7]
[8]
A R [8]
[9]
R
[12,13]
Repair-Oriented Retail A A A A A A R [7]
[8]
R [8]
[9]
R [8]
[9]
P
Sales-Oriented Retail A R[18]
A
A R
[1119]
A/R
[20]
[17]
A/R
[18]
R [7]
[8]
A R [8]
[9]
R
[12,13]
Self-Service Storage P P C P R [6]
A/P
[7]
P P P P P
Vehicle Fuel Sales C C C P R [6]
A/P
[7]
P C C C P
Industrial Use Categories
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]
[15]
P P R [21]
[15]
P
Railroad Yards P P P P P P P P P P
Research and
Development
P P P P C R [15]
[14]
R [15]
[14]
P R [21]
[15]
P
Warehouse/Freight
Movement
P P P P P R [15]
[14]
P P R
[15,21]
[14,15]
P
Waste-Related P P P P P P P P P P
Wholesale and
Equipment Rental
P P P P P P P P R
[15,21]
[14,15]
P
Other Use 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
Corridors
A A A A A A A A A A
Wireless
Communication
Facilities [22] [19]
A/R A/R A/R A/R A/R A/R A/R A/R A/R A/R
A=Allowed R=Restricted C=Conditional Use P=Prohibited
[1] All allowed, restricted, and conditional uses subject to special limitations. See 18.120.050.
[1] See Section 18.120.040 for additional land use restrictions.
007
Proposed Code Amendment
PC Draft (11/5/2018) – Commercial Zones Page 6 of 16
[2] 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.
[3][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.
[4][3] A 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.
[5][4] Except water, storm, sanitary sewers, and other underground infrastructure facilities, which are
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.
[6][5] State-licensed in-home In-home day care that meets all state requirements is allowed.;
Freestanding day care centers that meet all state requirements are allowed conditionally.
[7][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.
[8][7] Allowed provided the use is no larger than 60,000 square feet of gross floor area per building or
business. The maximum allowed gross floor area is 60,000 square feet per building or tenant.
[9][8] New retail and sales uses may not exceed 60,000 gross leasable area 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 with restriction in size in conjunction with and on the
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] As accessory to offices or other allowed uses, the total space devoted to a combination of Sale-
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.
[12] This use is allowed only in mixed-use developments in the Washington Square Regional Center.
Uses must be within a mixed-use development. Uses may occupy a maximum of Commercial uses
must occupy no more than 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: 1S135AA-00400, 1S135AA-01400, 1S135AA-01900, 1S135AA-
01901, 1S135DA-02000, 1S135AA-02500, 1S135AA-02600, 1S135AA-02700, 1S135DA-01900,
and 1S1DA-02000. These lots, or lots created from these lots, after the effective date of this
ordinance, may be developed as a solely commercial use with a use allowed in the MUR-1 or
MUR–2 zones.
[13] The maximum building footprint size allowed for any building occupied entirely by a commercial
use or uses is 7,500 square feet. An exception to the limit on the size of a building occupied by
008
Proposed Code Amendment
PC Draft (11/5/2018) – Commercial Zones Page 7 of 16
commercial uses is provided for properties zoned commercial prior to implementation of the
Washington Square Regional Center Plan (3/28/2002). The exempted properties are identified as
assessor map number: 1S135AA-00400, 1S135AA-01400, 1S135AA-01900, 1S135AA-01901,
1S135DA-02000, 1S135AA-02500, 1S135AA-02600, 1S135AA-02700, 1S135DA-01900, and
1S1DA-02000. On these lots, or lots created from these lots, after the effective date of this
ordinance, a commercial development is not limited to a specific square footage, however, all other
dimensional standards of the MUR-1 and MUR-2 zones apply that may limit the ultimate size of
commercial development.
[13][14]Cleaning, sales, and repair of motor vehicles and light equipment is allowed; sales and rental of
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.
[14][15]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 area of the allowed use, or as otherwise allowed in
the Mall Subdistrict, as provided in Subsection 18.670.020.C. 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.C.
[15][21]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.
[16] Limited to Only motor vehicle cleaning is allowed only.
[17] When combined in single structure, each separate establishment may not exceed 5,000 gross square
feet.
[18] Limited to 10,000 gross square feet in size, except 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.
[17][20]New Sales-Oriented Retail uses must not exceed 60,000 square feet of gross leasable area per
building in all subareas except the 99W/Hall Corridor subarea. (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.
[18] 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.
[19][22]See Chapter 18.450, Wireless Communication Facilities, for requirements.
009
Proposed Code Amendment
PC Draft (11/5/2018) – Commercial Zones Page 8 of 16
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.
18.120.040050 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.
010
Proposed Code Amendment
PC Draft (11/5/2018) – Commercial Zones Page 9 of 16
Table 18.120.2
Commercial Zone Housing Types
Housing Types C-G MU-
CBD MUE MUC-1 MUC MUE
1 and 2
MUR
1 and 2
Detached Dwellings
Accessory Dwelling Units
(18.220)
N N N Y L[1] L[1] L[1]
Cottage Clusters (18.240) N N N N N N Y
Mobile Home Parks (18.260) N N
[L][2]
N Y L[3] L[3] L[3]
Single Detached Houses (18.290) L[4] N L[5] Y L[3] L[3] L[3]
Attached Dwellings
Accessory Dwelling Units
(18.220)
N N N Y L[1] L[1] L[1]
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
[1] 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 were 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 is
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 provided that 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] Only pre-existing development is allowed. New construction of rowhouses and single detached
houses is prohibited. Pre-existing single detached houses and rowhouses are allowed. All new
single detached houses and rowhouses are prohibited.
[6] Apartments allowed as part of a planned development, subject to Chapter 18.770, Planned
Developments, unless located within the Tigard Triangle Plan District, where they are allowed.
(Ord. 17-22 §2)
18.120.050 Development Standards
A. Development standards in commercial zones are provided in Table 18.120.3, except for standards in
the MUC-1 zone, which are provided in Chapter 18.620, Bridgeport Village Plan District, standards
in the MU-CBD zone, which are provided in Chapter 18.650, Tigard Downtown Plan District, and
011
Proposed Code Amendment
PC Draft (11/5/2018) – Commercial Zones Page 10 of 16
standards in the TMU zone, which are 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
Development Standards
Standard C-N C-C
[1]
C-G
[2] C-P MUE MUC
[3]
MUE-
1
[3]
MUE-
2
[3]
MUR-
1
[3]
MUR-
2
[3]
Minimum Lot
Size
5,000 sq
ft
5,000
sq ft None 6,000
sq ft None None None None None None
Minimum Lot
Width 50 ft 50 ft 50 ft 50 ft 50 ft None None None None None
Minimum Setback
- Front 20 ft 0 [4] 0 ft 0 ft 0 ft 0 ft
[5]
0 ft
[6]
0 ft
[6]
0 ft
[6]
10 ft
[6]
- Street side 20 ft None None None None 0 ft
[5]
0 ft
[6]
0 ft
[6]
5 ft
[6]
10 ft
[6]
- Side 0 0 0 0 0 0 ft
[7]
0 ft
[7]
0 ft
[7]
0 ft
[7]
0 ft
[7]
- Rear 0 0 0 0 0 0 ft
[7]
0 ft
[7]
0 ft
[7]
0 ft [7,
8]
0 ft [7,
8]
- Side or
rear yard
abutting more
restrictive
zone
20 ft 20 ft 20 ft 20 ft 20 ft None None None None None
Minimum
Building
Height
None None None None None 2
stories
2
stories None 2
stories None
Maximum
Building
Height
35 ft 35 ft 45 ft 45 ft 45 ft 200 ft 200 ft 60 ft 75 ft 45 ft
Maximum Lot
Coverage 85% 80% 85% 85% 85% 85% 85% 85% 80% 80%
Minimum
Landscape 15% 20% 15% 15% 15% 15% 15% 15% 20% 20%
Minimum
FAR [9,10] None None None None None
[11] 1.25 1.25 0.6 0.6 0.3
[1] See 18.120.060.A for additional development standards and design guidelines.
[2] See 18.120.060.B for additional development standards and design guidelines.
[3] See Chapter 18.670, Washington Square Regional Center Plan District for additional development
standards and design guidelines.
[4] A 20-foot front setback is required within 50 feet of a residential zone.
012
Proposed Code Amendment
PC Draft (11/5/2018) – Commercial Zones Page 11 of 16
[5] The maximum front and street side setback is 10 feet.
[6] The maximum setback is 20 feet.
[7] Side and rear setbacks are 20 feet where the property abuts a residential zone except the R-25 and R-
40 zones.
[8] The maximum setback is 10 feet.
[9] Applies to all nonresidential building development and mixed-use development that includes a
residential component. In mixed-use development, residential floor area is included in the
calculations of floor area ratio (FAR) to determine conformance with minimum FAR.
[10] For purposes of determining FAR, the net development area is used to establish the lot area, as
provided in Section 18.40.020.
[11] See Subsection 18.120.050.C for maximum FAR requirements.
[12] Minimum and maximum density does not apply to mixed-use development.
[13] 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)
18.120.060 Special Limitations on Uses
A. In the C-N zone. Special limitations in the C-N zone are as follows:
1. The use must be conducted wholly within an enclosed structure, except that accessory open-air
sales, display, or storage is allowed for horticultural and food merchandise only and must
constitute 5 percent or less of the floor area of the associated primary use;
2. The maximum floor area is 4,000 square feet;
3. Accessory open-air sales, display, or storage are allowed for horticultural and food merchandise
only and are limited to a maximum area equal to 5 percent of the floor area of any individual
establishment; and
4. Uses operating before 7 a.m. or after 10 p.m. are conditional uses, subject to the provisions of
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;
2. The use must be conducted wholly within an enclosed structure, except for outside play areas for
children’s day care facilities, and as allowed in Paragraphs 18.120.050.B.3 and 4;
3. No use shall have a gross floor area greater than 5,000 square feet except for the retail sales of
food and beverages, when the maximum floor area shall not exceed 40,000 gross square feet, and
all other sales-oriented retail, where the maximum floor area shall not exceed 10,000 gross square
feet;
013
Proposed Code Amendment
PC Draft (11/5/2018) – Commercial Zones Page 12 of 16
4. Accessory open-air sales, display or storage are allowed for horticultural and food merchandising
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 areas are allowed for approved eating and drinking
establishments or retail food stores only. Outside dining areas are prohibited within 200 feet of
any developed residential area. Public or private sidewalk areas around dining areas may not be
reduced to less than 5 feet of clear walkway; and
6. Uses operating before 6 a.m. or after 11 p.m. and drive-through facilities are subject to Chapter
18.740, Conditional Use.
C. In the MUE zone. Special limitations in the MUE zone are as follows:
1. The maximum floor area 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;
2. On lots greater than 3 acres, general retail sales uses are limited to 30,000 square feet of gross
leasable area plus 1 additional square foot of gross leasable area of general retail sales use for
each additional 4 square feet of non-retail sales use. (Ord. 17-22 §2)
D. In the MU-CBD zone. Drive-through facilities are 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.
18.120.070 Additional Development Standards and Design Guidelines
A. C-C zone.
1. The following design guidelines are strongly encouraged for developments within the 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
the use of similar architectural elements, such as roof form, exterior building materials,
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
activity within the building. The sides of a building that face toward an adjoining
property, but not toward a public street, should include elements such as windows, doors,
014
Proposed Code Amendment
PC Draft (11/5/2018) – Commercial Zones Page 13 of 16
color, texture, landscaping, or wall treatments to provide visual interest and prevent the
development of a long continuous 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 area from the street and sidewalk.
2. Design standards. The following mandatory design standards apply within the C-C zone:
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
walkway system along the desired lines of pedestrian travel. The width of the walkway
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, t o 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 area and, if appropriate, along the entire walkway.
iii. Walkway surfaces for walkways crossing parking areas must be designed to be visually
distinguishable from driving surfaces through the use of durable, low-maintenance
surface materials such as pavers, bricks, or scored concrete to enhance pedestrian safety
and comfort.
b. Other site development standards.
i. All lighting fixtures must incorporate cut-off shields to prevent the spillover of light to
adjoining properties.
ii. Mechanical equipment, if located on the building, must be located within the roof form of
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
015
Proposed Code Amendment
PC Draft (11/5/2018) – Commercial Zones Page 14 of 16
enclosed on all four sides and that are at least as high as the tallest container within the
structure.
v. Bicycle racks must be provided on site. Facilities for a minimum of 10 bicycles must be
provided for developments having 100 or fewer parking stalls, notwithstanding Section
18.310.050. For each 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.
vi. The site development plan must incorporate a special feature at the corner of the site. A
special corner feature can be a landscape feature, seasonal color planting area, sculpture,
or water feature. The feature must provide a visual landmark and some amount of seating
area.
vii. Parking areas must be designed to minimize conflicts between pedestrian and vehicular
movements. Parking area 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 are 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.
xi. Opportunities must be found for safe, convenient, and pleasant pedestrian connections to
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 (Tigard Triangle). See Map 18.660.A for the location of the C-G zone in the Tigard
Triangle. All development in the C-G zone that is located in the Tigard Triangle is subject to the
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
additional development standards.
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.
016
Proposed Code Amendment
PC Draft (11/5/2018) – Commercial Zones Page 15 of 16
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 façades 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 area is measured from 3 feet above grade to 9 feet above grade the
entire length of each street-facing façade.
b. Glass within doors may count toward meeting the window standard.
4. All street-facing façades that extend more than 50 feet must provide at least 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;
or
d. Other design features that reflect the building’s structural system.
5. All street-facing façades that extend more than 300 feet must provide a pedestrian entry into the
building or between buildings.
6. All street-facing façades must have at least 1 building entry for each public street frontage.
7. All building entries must have weather protection for pedestrians, such as an awning, canopy, or
arcade.
8. All roof-mounted equipment must be screened from 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. 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 façades 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 rear of a building. Vehicle parking areas
located on the side of a building or adjacent to a public street must be screened from view with a
landscaped area.
a. The landscaped area must be constructed to the L-1 parking lot screen standard as provided in
Section 18.320.070; and
b. The minimum depth of the landscaped area 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
017
Proposed Code Amendment
PC Draft (11/5/2018) – Commercial Zones Page 16 of 16
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 (Bridgeport Village). See 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) ■
018
Proposed Code Amendment
PC Draft (11/5/2018) – Apartments Page 1 of 9
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. Dwelling units
attached side-by-side that resemble rowhouses are a type of apartment development for the purposes
of this chapter if they meet the standards of this chapter.
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 site development review
procedure as provided in Chapter 18.780, Site Development Review.
019
Proposed Code Amendment
PC Draft (11/5/2018) – Apartments Page 2 of 9
18.230.040 Development Standards
A. Base zone development standards are provided in Table 18.230.1.
Table 18.230.1
Apartment Development Standards
Standard R-12 R-25 MUE R-40 MUE-2 and MUR-2 MUR-1 MUC and MUE-1
Minimum Lot Size
3,050
sq ft per
unit
1,480
sq ft per
unit
1,480
sq ft per
unit
0 sq ft 0 sq ft 0 sq ft 0 sq ft
Minimum Setbacks
- Front 20 ft 20 ft 20 ft 20 ft 10 ft 0 ft 0 ft
- Street side 20 ft 20 ft 20 ft 20 ft 10 ft 5 ft 0 ft
- Side 10 ft 10 ft
[1]
10 ft
[1]
10 ft
[1]
0 or 20 ft
[2]
0 or 20 ft
[2]
0 or 20 ft
[2]
- Rear 20 ft 20 ft
[1]
20 ft
[1]
20 ft
[1]
0 or 20 ft
[2]
0 or 20 ft
[2]
0 or 20 ft
[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 0 ft 0 ft 0 ft 0 ft 0 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
Area 20% 20% 20% 20% 20% 20% 15%
Minimum Density 80%
of maximum density None
80%
of max.
density
25 units
per acre
50 units
per acre
50 units
per acre
Maximum Density
Calculated using the
method provided in
18.40.140
25 units
per acre
40 units
per acre
50 units
per acre None None
[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. All common open spaces and landscaped areas planted to the L-2
standard may be used to meet this standard.
020
Proposed Code Amendment
PC Draft (11/5/2018) – Apartments Page 3 of 9
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 and drive aisles within 20 feet of a public or private street 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 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. Common open space areas 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.
021
Proposed Code Amendment
PC Draft (11/5/2018) – Apartments Page 4 of 9
3. At least 50 percent of the dwelling units in a development must face outdoor common open
space. 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.
4. Building facades, including accessory structure facades, that face outdoor common open space
must meet the 25 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 contain sensitive lands.
D. Private open space.
1. For each dwelling unit located on the ground floor, or within 5 feet of finished grade, a minimum
of 96 square feet of private open space is required. Private open space area used to meet this
standard must be a minimum of 5 feet in width and depth and must be enclosed by evergreen
shrubs, fences, or walls a minimum of 3 feet in height.
2. For each dwelling unit located more than 5 feet above finished grade, a minimum of 48 square
feet of private open space is required. Private open space area used to meet this standard must be
a minimum of 5 feet in width and depth.
3. Private open space must be directly accessible from the interior of the dwelling unit that it serves.
4. 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.
022
Proposed Code Amendment
PC Draft (11/5/2018) – Apartments Page 5 of 9
3. The minimum and maximum number of off-street vehicle and bicycle parking spaces are
provided in Table 18.320.2. Any fractional space requirement is rounded up to the next whole
number.
Table 18.230.2
Off-Street Vehicle and Bicycle Parking Quantity Requirements
Apartment Size Vehicle Minimum
Vehicle
Maximum
(Zones A and B)
Bicycle Minimum
500 sq ft or less 1 space per dwelling unit
None 1 space per 2 dwelling
units
1 bedroom 1 space per dwelling unit
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 provide the minimum required
number of bicycle parking spaces inside a structure or under a roof. Additional bicycle parking
spaces for guests are also required. 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 may be located in the front or to the side of the apartment development but must
be visible to pedestrians on the sidewalk in front of the development.
6. Surface parking areas, detached garages, carports, and drive aisles may not be located between
any public or private street property line and a building with dwelling units.
7. Attached garages may not be located closer to the public or private 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 access standards in
Subparagraphs 18.280.050.E.2.a through d.
8. Parking areas located to the side of a building with dwelling units and within 20 feet of a public or
private street 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 located
inside a building:
023
Proposed Code Amendment
PC Draft (11/5/2018) – Apartments Page 6 of 9
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; or
c. The facility must be screened to the S-1 standard as provided in Section 18.420.050.
2. Service areas for items 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 or outdoor common open space,
except an entrance that is visible and accessible from a drive aisle that has a curb and path
adjacent to the unit meets this standard.
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.
024
Proposed Code Amendment
PC Draft (11/5/2018) – Apartments Page 7 of 9
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
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 25 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 façade 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 with a maximum distance of 40 feet between offsets; 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.
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;
025
Proposed Code Amendment
PC Draft (11/5/2018) – Apartments Page 8 of 9
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.
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),
026
Proposed Code Amendment
PC Draft (11/5/2018) – Apartments Page 9 of 9
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.
027
Proposed Code Amendment
PC Draft (11/5/2018) – Single Detached Houses Page 1 of 4
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.
18.290.040 Design Standards
Design standards for single detached houses are provided in Table 18.290.1.
028
Proposed Code Amendment
PC Draft (11/5/2018) – Single Detached Houses Page 2 of 4
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 R-25 R-40 MUC-1
Minimum Lot Size 30,000
sq ft
20,000
sq ft
10,000
sq ft
7,500
sq ft
5,000
sq ft
3,050
sq ft
3,050
sq ft
0 sq ft
None
0 sq ft
None
Minimum Lot Width 100 ft 100 ft 65 ft 50 ft 50 ft 0 ft
None
0 ft
None
0 ft
None
0 ft
None
Minimum Setbacks
- Front 30 ft 30 ft 20 ft 20 ft 15 ft 15 ft 15 ft 15 ft 0 ft [1]
- Street side 20 ft 20 ft 20 ft 15 ft 10 ft 10 ft 10 ft 10 ft 0 ft [1]
- Side 5 ft 5 ft 5 ft 5 ft 5 ft 5 ft 5 ft 5 ft 0 ft
- Rear 25 ft 25 ft 15 ft 15 ft 15 ft 15 ft 15 ft 15 ft 0 ft
- Side or rear
abutting more
restrictive zone
N/A N/A N/A N/A 30 ft 30 ft 30 ft 35 ft 20 ft
- Garage 20 ft 20 ft 20 ft 20 ft 20 ft 20 ft 20 ft 20 ft None
20 ft
Maximum Height 30 ft 30 ft 30 ft 30 ft 35 ft 35 ft 45 ft 60 ft 70 ft
Maximum Lot
Coverage None None None None 80% 80% 80% 80% 90%
Minimum
Landscape Area [2]
Requirement
None None None None 20% 20% 20% 20% 10%
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 [3]
[1] The maximum front and street side setback is 20 feet.
[2] The minimum landscape area must be planted to the L-1 standard. Landscaping standards are
provided in Chapter 18.420, Landscaping and Screening.
[3] 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.
18.290.040 Design Standards
A. Entrances. The main entrance to a single detached house must meet the following:
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.
029
Proposed Code Amendment
PC Draft (11/5/2018) – Single Detached Houses Page 3 of 4
B. Windows. A minimum of 12% of the area of all street-facing facades must include windows or
entrance doors. Door area is the area of the portion of a door that moves and does not include the
frame. Half of the window area in the doors of an attached garage may count toward meeting this
standard. See Figure 18.290.1
Figure 18.290.1
Window Area Requirement
C. Garages and carports.
1. The minimum setback for a garage or carport is 20 feet;
2. A garage or carport may be no closer to the street property line from where access is taken
than the widest street-facing wall; and
3. The maximum width of a garage door is 12 feet, or 40% of the width of the street-facing
facade, whichever is greater. The width of a garage door is measured from inside the garage
door frame. See Figure 18.290.2.
030
Proposed Code Amendment
PC Draft (11/5/2018) – Single Detached Houses Page 4 of 4
Figure 18.290.2
Garage Door Width
18.290.050 Accessory Structures
A. Accessory structures are allowed on all lots with single detached dwellings houses 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.
6. Accessory structures must not encroach upon or interfere with the use of any adjoining property
or public right-of-way including but not limited to streets, alleys and public and private
easements; and
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 be setback from
property lines a distance equal to or greater than the height of the proposed structure.
031
Proposed Code Amendment
PC Draft (11/5/2018) – Commercial Zone Development Standards Page 1 of 7
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 site development review
procedure as provided in Chapter 18.780, Site Development Review, except wher e a conditional use or
planned development application is required or proposed.
032
Proposed Code Amendment
PC Draft (11/5/2018) – Commercial Zone Development Standards Page 2 of 7
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
Standard C-N and C-C C-G C-P MUE
MUE-2 and MUR-2 [1]
MUR-1
[1]
MUC and MUE-1 [1]
Minimum Lot Size 5,000
sq ft 0 sq ft 6,000
sq ft 0 sq ft 0 sq ft 0 sq ft 0 sq ft
Minimum Lot Width 50 ft 50 ft 50 ft 50 ft 0 ft 0 ft 0 ft
Minimum Setback
- Front 0 ft 0 ft 0 ft 0 ft 10 ft 0 ft 0 ft
- Street side 0 ft 0 ft 0 ft 0 ft 10 ft 5 ft 0 ft
- Side 0 or 20 ft
[2]
0 or 20 ft
[3]
0 or 20 ft
[3]
0 or 20 ft
[3]
0 or 20 ft
[3]
0 or 20 ft
[3]
0 or 20 ft
[3]
- Rear 0 or 20 ft
[2]
0 or 20 ft
[3]
0 or 20 ft
[3]
0 or 20 ft
[3]
0 or 20 ft
[3]
0 or 20 ft
[3]
0 or 20 ft
[3]
Maximum Setback
- Front 20 ft None or
10 ft [4] None None 20 ft 20 ft 20 ft
- Street side 20 ft None or
10 ft [4] None None 20 ft 20 ft 20 ft
Minimum Height 0 ft 0 ft 0 ft 0 ft 0 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
Area 15% 15% 15% 20% 20% 20% 15%
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 setback 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.
033
Proposed Code Amendment
PC Draft (11/5/2018) – Commercial Zone Development Standards Page 3 of 7
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.
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 and drive aisles, including travel lanes for drive-through
services, within 20 feet of a public or private street must be screened to the S-4 standard.
Screening must be provided directly adjacent to the street property line , except where access
is taken.
d. Travel lanes for drive-through services not within 20 feet of a public or private street must be
screened to the S-2 standard. Screening must be provided directly adjacent to the side of the
travel lane farthest from the building with the drive-through service.
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
034
Proposed Code Amendment
PC Draft (11/5/2018) – Commercial Zone Development Standards Page 4 of 7
with any one dimension greater than 2 feet, must meet the following standards where not 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; or
c. The facility must be screened to the S-1 standard as provided in Section 18.420.050.
2. Service areas for items 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
035
Proposed Code Amendment
PC Draft (11/5/2018) – Commercial Zone Development Standards Page 5 of 7
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.
18.320.060 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 o f 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. A minimum of 50 percent of required bicycle parking spaces must be visible from the public
sidewalk in front of the site. Bicycle parking spaces may be located in the public right-of-
way with approval by the city engineer. Where the site is located within 500 feet of an
existing or planned trail, a minimum of 50 percent of required bicycle parking spaces must
be covered. Where a mixed-use development is proposed that includes a residential
component, these standards apply only to the nonresidential component of the development.
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
landscaping.
036
Proposed Code Amendment
PC Draft (11/5/2018) – Commercial Zone Development Standards Page 6 of 7
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.
037
Proposed Code Amendment
PC Draft (11/5/2018) – Commercial Zone Development Standards Page 7 of 7
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; and
E. Any sound transmitted by any means that is audible outside the structure containing the use is
prohibited.
038
Proposed Code Amendment
PC Draft (11/5/2018) – Landscaping and Screening Page 1 of 8
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 purpose of landscaping standards is 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 purpose of screening standards is 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 purpose of tree canopy standards is 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 is
required to include a minimum amount of landscape area as provided in the applicable development
standards chapter in 18.200 Residential Development Standards or 18.300 Nonresidential
Development Standards.
B. Screening standards. Screening standards apply to new and existing development that includes a use
or site improvement that is required to be screened by this title, except where specifically provided for
elsewhere in this title.
039
Proposed Code Amendment
PC Draft (11/5/2018) – Landscaping and Screening Page 2 of 8
C. Tree canopy standards. Tree canopy standards apply to the following types of new and existing
development where tree canopy is required by this title or proposed to be modified:
1. Subdivisions and partitions;
2. Apartments and rowhouses;
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 standards in the Urban Forestry Manual as follows:
1. Street trees must meet the Street Tree Planting and Maintenance Standards (Section 2 of the
Urban Forestry Manual) and Street Tree Soil Volume Standards (Section 12 of the Urban
Forestry Manual);
2. Parking lot trees must meet the Parking Lot Tree Canopy Standards (Section 13 of the Urban
Forestry Manual); and
3. All other trees must meet the Tree Canopy Site Plan Requirements (Section 10, Part 2 of the
Urban Forestry Manual).
B. Plants that are less than 18 inches in height at maturity 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.
C. 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 2 gallons, and maximum plant
spacing is 5 feet on center.
D. 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 required plant spacing is between 5 feet and 10
feet on center.
E. Plants listed as invasive or noxious by the Oregon Department of Agriculture are prohibited. Trees
listed on the Nuisance Tree List in the Urban Forestry Manual are prohibited.
F. All landscaping required by this chapter, including landscaping used to meet screening or tree canopy
standards, shall be maintained to applicable industry standards in perpetuity.
18.420.040 Landscaping Standards
A. Landscaping standards are provided in Table 18.420.1. These standards must be met where a
minimum landscape area, stated as a percentage of site area, is required by the applicable
development standards chapter in 18.200 Residential Development Standards or 18.300
Nonresidential Development Standards.
040
Proposed Code Amendment
PC Draft (11/5/2018) – Landscaping and Screening Page 3 of 8
B. Landscaping 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 that meets the required L-1 or L-2 landscaping standard as provided in Table
18.420.1; or
2. Landscaping that meets the S-2, S-3, or S-4 screening standard as provided in Table 18.420.2.
C. Landscaping in excess of the minimum landscape area standard does not have to be landscaped to the
L-1 or L-2 standard.
Table 18.420.1
Landscaping Standards
Standard Requirements
L-1
Any combination of trees, plants, and lawn with or without other natural or
artificial landscaping elements such as ponds, fountains, lighting, benches,
bridges, rocks, paths, sculptures, trellises, or screens.
L-2
• 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
hardscape areas may not cover more than 25% of the total required landscape
area; and
• If an urban forestry plan is not required by Section 18.420.060, 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 through 3.
These standards must be met for the specific uses and site improvements that are identified
throughout this title.
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.
C. The following additional requirements apply to the S-1 standard:
1. Screening is required on all sides, except where access is taken. Access must be oriented so that it
is not visible from a public sidewalk;
041
Proposed Code Amendment
PC Draft (11/5/2018) – Landscaping and Screening Page 4 of 8
2. Screening must be at least as tall as the item to be screened. This requirement does not apply to
screens for roof-mounted equipment or utilities;
3. Additional screening with shrubs is required along any side of a screen that is visible from a
public sidewalk. Shrubs must be evergreen and at least half as tall as the height of the screen at
maturity. This requirement does not apply to screens for roof-mounted or wall-mounted
equipment or utilities; and
4. 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 Requirements
S-1 N/A
Service areas and above-ground utilities:
• Sight-obscuring fence or wall
Roof-mounted equipment or utilities:
• 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.
S-3 5 feet
• Sight-obscuring fence or wall a minimum of 6 feet in height; and
• Large shrubs or approved trees from Appendix 2 – 5 of the Urban
Forestry Manual spaced appropriately based on tree stature.
S-4 8 feet
• Sight-obscuring fence, wall, or berm that is 3-feet in height or
evergreen hedge that will be 3-feet in height at time of maturity;
• If a hedge is provided, then groundcover evenly distributed along the
entire length of the screen;
• If a hedge is not provided, then small and medium shrubs and
groundcover evenly distributed along the entire length of the screen;
and
• Approved trees from Appendix 2 – 5 of the Urban Forestry Manual
spaced appropriately based on tree stature.
Figure 18.420.1 S-2 Screening Standard
[Placeholder]
Figure 18.420.1 S-3 Screening Standard
[Placeholder]
042
Proposed Code Amendment
PC Draft (11/5/2018) – Landscaping and Screening Page 5 of 8
Figure 18.420.1 S-4 Screening Standard
[Placeholder]
18.420.060 Tree Canopy Standards
A. Tree canopy standards for all residential development except apartments are provided in the
applicable housing type chapter in 18.200 Residential Development Standards. An urban forestry plan
is not required to demonstrate compliance with tree canopy standards.
B. Tree canopy standards for all nonresidential development and apartments are provided in Sections 10
through 13 of the Urban Forestry Manual. An urban forestry plan is required to demonstrate
compliance with tree canopy standards. An urban forestry plan must:
1. Be coordinated and approved by the project landscape architect, i.e. the project landscape
architect, or a person that is both a certified arborist and tree risk assessor, i.e. the project arborist,
except for land partitions that can demonstrate compliance with effective tree canopy cover and
soil volume requirements by planting street trees in open soil volumes only;
2. Meet the tree preservation and removal site plan standards and the supplemental report standards
in the Urban Forestry Manual;
3. Meet the tree canopy site plan standards in the Urban Forestry Manual by providing the minimum
effective tree canopy cover.
4. Meet the parking lot tree canopy standards by providing the minimum effective tree canopy cover
of 30 percent for all parking areas, including parking spaces and aisles. Only the percentage of
tree canopy directly above the parking area may be counted.
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 the street tree planting
and soil volume standards in the Urban Forestry Manual if it were newly planted.
043
Proposed Code Amendment
PC Draft (11/5/2018) – Landscaping and Screening Page 6 of 8
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 Section 10, Part 4 of the Urban Forestry Manual.
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.
D. 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 the inspection requirements in Section 11,
Part 1 of the Urban Forestry Manual, whenever an urban forestry plan is in effect. In addition, no
person may refuse entry or access to the director for the purpose.
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 Section 11, Part 2 of the Urban Forestry
Manual.
3. Spatial and species-specific data must be collected in compliance with the urban forestry
inventory requirements in Section 11, Part 3 of 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.
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. For subdivisions and partitions, the urban forestry plan will remain in effect for each
resulting lot or tract separately until the director determines all applicable urban 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 with
one of the developments in Subsection 18.420.020.C will be administered through Title 8, Urban
Forestry of the Tigard Municipal Code.
E. Discretionary urban forestry plan 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.E.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
044
Proposed Code Amendment
PC Draft (11/5/2018) – Landscaping and Screening Page 7 of 8
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
demonstrated 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.
F. Urban forestry plan modification. Except as exempted in Paragraph 18.420.060.F.1, an application for
a modification to 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 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.
045
Proposed Code Amendment
PC Draft (11/5/2018) – Landscaping and Screening Page 8 of 8
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:
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.
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
e. Maintenance of any trees in compliance with tree care industry standards.
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 Section 18.420.060
through a modified urban forestry plan.
046
Proposed Code Amendment
PC Draft (11/5/2018) – Significant Tree Groves Page 1 of 11
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
18.520.030 Urban Forestry Plan Requirements
18.520.040 Discretionary Urban Forestry Plan Review Option
18.520.0650 Flexible Standards for Tree Planting and Preservation
18.520.060 Urban Forestry Plan Implementation
18.520.070 Modification to the Urban Forestry Plan Component of an Approved Land Use
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
establishingprovide flexible standards to incentivize the preservation of significant tree groves.:
A. Tree canopy cover requirements for new development regardless of the amount of existing trees on
site;
B. Alternatives to meeting tree canopy cover requirements when equivalent environmen tal functions or
values are provided;
C. Flexible and incentive based requirements to facilitate the planting of large stature trees and the
preservation of existing trees and significant tree groves;
D. Requirements that ensure successful implementation of urban forestry plans during and after site
development; and
E. A process for modifying urban forestry plans to address changes that occur during the development
process. (Ord. 17-22 §2)
18.520.020 Applicability
This chapter applies to all sites that contain greater 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.
A. The requirements of this chapter apply to the following land use applications:
1. Conditional use (Type III);
2. Downtown design review (Type II and III);
3. Minor land partition (Type II);
047
Proposed Code Amendment
PC Draft (11/5/2018) – Significant Tree Groves Page 2 of 11
4. Planned development (Type III);
5. Sensitive lands review (Type II and III);
6. Site development review (Type II); and
7. Subdivision (Type II).
B. All Type I modifications to the urban forestry plan component of an approved land use application as
provided in Section 18.520.070.
C. For projects limited to an existing right-of-way or easement, the development site is considered to be
the existing right-of-way or easement and the urban forestry plan requirements are limited to the
existing right-of-way or easement. (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.
18.520.030 Urban Forestry Plan Requirements
A. Urban forestry plan requirements. An urban forestry plan must:
1. Be coordinated and approved by a landscape architect (the project landscape architect) or a
person that is both a certified arborist and tree risk assessor (the project arborist), except for
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;
2. Meet the tree preservation and removal site plan standards in the Urban Forestry Manual;
3. Meet the tree canopy site plan standards in the Urban Forestry Manual; and
4. Meet the supplemental report standards in the Urban Forestry Manual.
048
Proposed Code Amendment
PC Draft (11/5/2018) – Significant Tree Groves Page 3 of 11
B. Tree canopy fee. If the supplemental report demonstrates that the applicable standard percent
effective tree canopy cover will not be provided through any combination of tree planting or
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
individual lot or tract in the R-1, R-2, R-3.5, R-4.5 and R-7 zones (when the overall development site
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.
C. Tree canopy fee use. Tree canopy fees provided to the city will be deposited into the urban forestry
fund and used as approved by council through a resolution. (Ord. 17-22 §2)
18.520.040 Discretionary Urban Forestry Plan Review Option
A. General provisions. 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.
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 18.520.040.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
Procedures. 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 is be the hearings 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 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.
049
Proposed Code Amendment
PC Draft (11/5/2018) – Significant Tree Groves Page 4 of 11
D. Decision. The discretionary urban forestry plan review decision will be incorporated into the decision
of the land use application as provided in Section 18.520.020. 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)
18.520.050060 Flexible Standards for Tree Planting and Preservation
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
application process. To the extent that the standards in this section conflict with the standards in other
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
review process. These modifications are done as part of the urban forestry plan review process and
are not required to go through the adjustment process. In order to approve these modifications, the
approval authority must find that the modification request is the least required to preserve or plant
trees, that the modification will result in the preservation of or an addition to tree canopy on the lot,
and that the modification will not impede adequate emergency access to the site.
C. Flexible standards to preserve or plant trees. The following flexible standards are available to
applicants in order to preserve or plant trees on a development site.
1. Lot sizes may be averaged to preserve existing trees in the development plan for any land
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.
2. The following setback reductions will be allowed for lots preserving existing trees:
a. Front setback. Up to a 25 percent reduction of the front setback required by the applicable
base zone. Setback of garages may not be reduced by this provision.
b. Other setbacks. Up to a 20 percent reduction of the other setbacks required by the applicable
base zone.
3. Location of a public sidewalk may be flexible in order to preserve existing trees or to plant new
large stature street trees. Sidewalk location and design must be approved by the city engineer. For
preservation, this flexibility must be the minimum required to achieve the desired effect. For
planting, preference will be given to retaining the planter strip and separation between the curb
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 18.320.040.F.
4. 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
050
Proposed Code Amendment
PC Draft (11/5/2018) – Significant Tree Groves Page 5 of 11
civic uses listed in Table 18.310.2, a 1 percent reduction in the amount of required parking may
be granted. No more than a 20 percent reduction in the required amount of parking may be
granted for any one development.
5. Adjustments to commercial, industrial, or civic use landscaping requirements may be granted for
preservation of trees. For each 2 percent of effective canopy cover provided by preserved trees
incorporated into a development plan, a 1 percent reduction in the minimum landscape
requirement may be granted. No more than 20 percent of the minimum landscape requirement
may be reduced for any one development.
D. Flexible standards and incentives for the preservation of significant tree groves. A significant tree
grove map is maintained by the director. The following additional flexible s tandards and incentives
are available when a development site contains at least 10,000 square feet of tree canopy that is part
of a significant tree grove and is not also within sensitive lands identified in Paragraphs
18.510.010.G.1–3. If any of these flexible standards and incentives are requested, the project arborist
or landscape architect must clearly demonstrate in the urban forestry plan compliance with the
following:
1A. 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:
1a. 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 t he 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
c. 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 easement;
ii. An open space tract;
iii. A deed restriction; or
iv. Through dedication and acceptance by the city.
B2. 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.
1a. 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);
051
Proposed Code Amendment
PC Draft (11/5/2018) – Significant Tree Groves Page 6 of 11
bii. 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
ciii. 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
by the director that demonstrates it will be permanently preserved such as:
(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.
bii. The following variations from the base zone development standards are allowed:
i.(A) Up to 25 percent reduction of minimum lot width;
ii.(B) 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.
ciii. 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
Residential
Zone
Detached Sq. Ft.
Percent Tree Grove
Canopy Preserved
/Min. Lot or Unit
Area
Attached Sq. Ft.
Percent Tree Grove
Canopy
Preserved/Min. Lot
or Unit Area
Duplex
Percent Tree
Grove Canopy
Preserved/Min. Lot
or Unit Area
Multifamily
Percent Tree
Grove Canopy
Preserved/Min.
Unit Area
R-1
(30,000 sq ft
per unit)
25-49%/22,500 sq ft
50-520%/15,000 sq ft
75-100%/7,500 sq ft
Not Allowed Not Allowed Not Allowed
052
Proposed Code Amendment
PC Draft (11/5/2018) – Significant Tree Groves Page 7 of 11
R-2
(20,000 sq ft
per unit)
25-49%/15,000 sq ft
50-520%/10,000 sq ft
75-100%/5,000 sq ft
Allowed with 75% or
greater tree grove
canopy
preservation/5,000 sq
ft
Not Allowed Not Allowed
R-3.5
(10,000 sq ft
per unit)
25-49%/7,500 sq ft
50-520%/5,000 sq ft
75-100%/2,500 sq ft
Allowed with 75% or
greater tree grove
canopy preservation
2,500 sq ft
Allowed with 75%
or greater tree grove
canopy preservation
/5,000 sq ft
Not Allowed
R-4.5
(7,500 sq ft
per unit)
25-49%/5,625 sq ft
50-520%/3,750 sq ft
75-100%/1,875 sq ft
Allowed with 75% or
greater tree grove
canopy
preservation/1,875 sq
ft
Allowed with 75%
or greater tree grove
canopy preservation
/3,750 sq ft
Not Allowed
R-7
(5,000 sq ft
per unit)
25-49%/3,750 sq ft
50-520%/2,500 sq ft
75-100%/1,250 sq ft
Allowed with 75% or
greater tree grove
canopy preservation
/1,250 sq ft
Allowed with 75%
or greater tree grove
canopy preservation
/2,500 sq ft
Not Allowed
R-12
(3,050 sq ft
per unit)
Apartment and single detached house transfer allowed at the following densities:
25-49% tree grove canopy preservation/2,288 sq ft/unit
50-520% tree grove canopy preservation/1,525 sq ft/unit
75-100% tree grove canopy preservation/763 sq ft/ unit
R-25
(1,480 sq ft
per unit)
Apartment and single detached house transfer allowed at the following densities:
25-49% tree grove canopy preservation/1,110 sq ft/unit
50-520% tree grove canopy preservation/5,200 sq ft/unit
75-100% tree grove canopy preservation/370 sq ft/unit
R-40
(None)
Apartment and single detached housing allowed with no upper density limit.
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:
1a. 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 connectivit y
and viability of the remaining significant tree grove is maximized while balancing the significant
tree grove preservation considerations in the Urban Forestry Manual;
3c. Applicable buffering and screening standards in Section 18.420.05018.320.050 are met;
4d. Maximum floor area ratio is not exceeded in the MUE zone as provided in Table
18.320.1Paragraph 18.120.050.C.1; and
5e. 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 easement;
053
Proposed Code Amendment
PC Draft (11/5/2018) – Significant Tree Groves Page 8 of 11
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:
1a. 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 c onnectivity
and viability of the remaining significant tree grove is maximized while balancing the significant
tree grove preservation considerations in the Urban Forestry Manual;
3c. 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.; and
e. 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 easement;
ii. An open space tract;
iii. A deed restriction; or
iv. Through dedication and acceptance by the city.
E5. 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 thatwhen:
1a. 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; and
3c. 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).;
d. 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 easement;
054
Proposed Code Amendment
PC Draft (11/5/2018) – Significant Tree Groves Page 9 of 11
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.;
b. 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 easement;
ii. An open space tract;
iii. A deed restriction; or
iv. Through dedication and acceptance by the city. (Ord. 17-22 §2)
18.520.060 Urban Forestry Plan Implementation
A. General provisions. 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. For subdivisions and partitions, the urban forestry plan will remain in
effect for each resulting lot or tract separately until the director determines all applicable urban
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
with one of the land use applications in Subsection 18.520.020.A will be administered through Title
8, Urban Forestry of the Tigard Municipal Code.
B. Inspections. Implementation of the urban forestry plan must 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
plan on any site with an effective urban forestry plan. The inspection requirements in the Urban
Forestry Manual apply to sites with an effective urban forestry plan.
C. Tree establishment. 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
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)
055
Proposed Code Amendment
PC Draft (11/5/2018) – Significant Tree Groves Page 10 of 11
18.520.070 Modification to the Urban Forestry Plan Component of an Approved Land Use
Application
A. Approval process. Except as exempted in Subsection 18.520.070.B, an application for a modification
to the urban forestry plan component of an approved land use is processed through a Type I
procedure, as provided in Section 18.710.050, using the approval criteria in Subsection 18.520.070.C.
B. Exemptions. The following are exempt from the Type I 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:
a. The project arborist or landscape architect provides a written report prior to removal attesting
that either the condition rating or suitability of preservation rating (per the supplemental
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 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.
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:
a. 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;
b. Payment of a tree canopy fee in lieu of planting is not proposed as part of the modification;
and
c. 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.
3. 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:
a. 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
b. 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
056
Proposed Code Amendment
PC Draft (11/5/2018) – Significant Tree Groves Page 11 of 11
fencing that reflect the proposed modifications to the previously approved urban forestry
plan.
4. 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 are
met:
1. 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;
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) ■
057
Proposed Code Amendment
PC Draft (11/5/2018) – Adjustments Page 1 of 2
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.
058
Proposed Code Amendment
PC Draft (11/5/2018) – Adjustments Page 2 of 2
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.
059
Proposed Code Amendment
PC Draft (11/5/2018) – Conditional Uses Page 1 of 3
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.
060
Proposed Code Amendment
PC Draft (11/5/2018) – Conditional Uses Page 2 of 3
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.
061
Proposed Code Amendment
PC Draft (11/5/2018) – Conditional Uses Page 3 of 3
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.
062
Proposed Code Amendment
PC Draft (11/5/2018) – Extensions Page 1 of 2
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 18.20.040.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.
063
Proposed Code Amendment
PC Draft (11/5/2018) – Extensions Page 2 of 2
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.
064
Proposed Code Amendment
PC Draft (11/5/2018) – Modifications Page 1 of 6
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;
065
Proposed Code Amendment
PC Draft (11/5/2018) – Modifications Page 2 of 6
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 provis ions
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 a greater quantity of parking
spaces.
3. Exterior building facade modification that does not require the application of any design standard.
066
Proposed Code Amendment
PC Draft (11/5/2018) – Modifications Page 3 of 6
4. Installation of mechanical equipment that does not involve the removal of any parking spaces or
landscaping and where applicable screening standards are met as provided in Chapter 18.420,
Landscaping and Screening.
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 a greater quantity of parking spaces.
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.
18.765.070 Major Modifications
A. Definition. A major modification has the following characteristics:
067
Proposed Code Amendment
PC Draft (11/5/2018) – Modifications Page 4 of 6
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 permit threshold specified in Paragraph 18.765.070.E.1, 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
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
068
Proposed Code Amendment
PC Draft (11/5/2018) – Modifications Page 5 of 6
of all proposed modifications is greater than $50,000. The director will adjust this amount
annually for inflation based on the local construction cost index. 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; or
b. No further improvements are practicable as determined by the director.
3. The applicant may choose which improvements to complete if the cost to complete all required
improvements exceeds 10 percent of the total permit value.
4. The applicant must complete the improvements required by Paragraph 18.765.070.E.2 prior to
final inspection or certificate of occupancy.
5. 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;
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:
069
Proposed Code Amendment
PC Draft (11/5/2018) – Modifications Page 6 of 6
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.
070
Proposed Code Amendment
PC Draft (11/5/2018) – Planned Developments Page 1 of 6
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.
071
Proposed Code Amendment
PC Draft (11/5/2018) – Planned Developments Page 2 of 6
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.
072
Proposed Code Amendment
PC Draft (11/5/2018) – Planned Developments Page 3 of 6
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
073
Proposed Code Amendment
PC Draft (11/5/2018) – Planned Developments Page 4 of 6
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.
074
Proposed Code Amendment
PC Draft (11/5/2018) – Planned Developments Page 5 of 6
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 environ mental
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.
075
Proposed Code Amendment
PC Draft (11/5/2018) – Planned Developments Page 6 of 6
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.
076
Proposed Code Amendment
PC Draft (11/5/2018) – Site Development Reviews Page 1 of 2
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.
077
Proposed Code Amendment
PC Draft (11/5/2018) – Site Development Reviews Page 2 of 2
B. Site development approvals may be modified as allowed by Chapter 18.765, Modifications to Existing
Development.
18.780.040 Approval Process
A. Residential developments.
1. A site development review application is processed through a Type I 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.
078
Proposed Code Amendment
PC Draft (11/5/2018) – Omnibus Amendments Page 1 of 28
OMNIBUS AMENDMENTS
Chapter 18.30
DEFINITIONS
18.30.010 List of Terms
- A-
Active Use Facilities - See Open Space Facility-Related Definitions
-M-
Minimal Use Facilities - See Open Space Facility-Related Definitions
-O-
Open Space Facility-Related Definitions:
• Active Use Facilities
• Minimal Use Facilities
• Passive Use Facilities
-P-
Passive Use Facilities - See Open Space Facility-Related Definitions
18.30.020 Definitions
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.
L. “L” definitions.
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 easement from the front lot. A flag lot
may only be created through a lot line adjustment, lot consolidation, or partition process.
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 for measuring lot width.
O. “O” definitions.
4. Open space facility-related definitions. Open space facilities may be privately or publicly owned:
079
Proposed Code Amendment
PC Draft (11/5/2018) – Omnibus Amendments Page 2 of 28
a. “Minimal use facilities” - No other improvements (apart from underground utilities and natural
and ecological enhancements) are allowed.
b. “Passive use facilities” - Areas reserved for medium-impact recreation and education uses
related to the functions and values of a natural area that require limited and low impact site
improvement, including soft surface trails, raised walkways, pedestrian bridges, seating areas,
viewing blinds, observation decks, informational signage, drinking fountains, picnic tables,
interpretive centers, and other similar facilities. Accommodations for ADA access must be
provided where site considerations permit.
c. “Active use facilities” - Areas reserved for high-impact recreation that require a greater degree
of site development or ground disturbance; such as sports fields, playground equipment, group
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.
S. “S” definitions.
1. “Setback” (front, rear, side, street side, and garage entrance) - The required horizontal distance
from a property line to the nearest vertical wall of a building or structure, fence, or other elements
as defined by this title, except for a garage entrance setback which is the required horizontal
distance from the garage wall containing the entrance to a property line or public access
easement containing a sidewalk, whichever is closer.
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
18.40.060 Lot Width, Lot Frontage, and Segmented Lot Lines
A. Lot width is measured from the front lot line as shown in the figure below.
080
Proposed Code Amendment
PC Draft (11/5/2018) – Omnibus Amendments Page 3 of 28
Figure 18.40.10 Lot Width [Placeholder]
B. Lot frontage is measured along the front lot line as shown in the figure below.
Figure 18.40.11 Lot Frontage [Placeholder]
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 [Placeholder]
18.40.140 Window Area
A. Window area is the aggregate area of the glass within each window, including any interior grids,
mullions, or transoms.
B. Required window area must be clear glass and not mirrored, frosted, or reflective. Clear glass within
doors may count toward meeting a window area standard.
Chapter 18.50
NONCONFORMING CIRCUMSTANCES
18.50.040 Criteria for Nonconforming Circumstances
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
081
Proposed Code Amendment
PC Draft (11/5/2018) – Omnibus Amendments Page 4 of 28
Chapter 18.110
RESIDENTIAL ZONES
Table 18.110.3
Housing Types
Housing Types R-1 R-2 R-
3.5
R-
4.5 R-7 R-12 R-25 R-40
Detached Dwellings
Accessory Dwelling Units (18.220) Y Y Y Y Y Y Y N N
Cottage Clusters (18.240) N N Y Y Y Y N N
Mobile Home Parks (18.260) N N L[1] L[1] Y Y Y Y
Single Detached Houses (18.290) Y Y Y Y Y Y Y N N
Attached Dwellings
Accessory Dwelling Units (18.220) Y Y Y Y Y Y Y N N
Apartments (18.230) N N N N N Y Y Y
Courtyard Units (18.250) N N Y Y Y Y N N
Quads (18.270) N N L[2] L[2] Y Y N N
Rowhouses (18.280) N N N N L[3] Y Y N
Chapter 18.130
INDUSTRIAL ZONES
18.130.050 Additional Development Standards
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.
2. The site must have access to be approved by the city engineer to an arterial or collector street with
capacity sufficient to ensure that adequate access to local businesses is maintained.
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 floor area of the
development.
A. 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 18.130.2. Landscaping standards
are provided in Section 18.420.040. Landscape areas planted to the L-2 standard may be used to
meet 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 18.130.050.B.
082
Proposed Code Amendment
PC Draft (11/5/2018) – Omnibus Amendments Page 5 of 28
b. Industrial 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 and drive aisles, including travel lanes for drive-through
services, within 20 feet of a public or private street must be screened to the S-4 standard.
Screening must be provided directly adjacent to the street property line, except where access
is taken.
d. Travel lanes for drive-through services not within 20 feet of a public or private street must
be screened to the S-2 standard. Screening must be provided directly adjacent to the side of
the travel lane farthest from the building with the drive-through service.
3. The minimum tree canopy standards for the site and any off-street vehicle parking areas are
provided in Section 18.420.060.
B. 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 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; or
c. The facility must be screened to the S-1 standard as provided in Section 18.420.050.
2. Service areas for items such as waste and recycling containers, outdoor storage, and mechanical
equipment may not be located within 20 feet of any street property line, ex cept where located
inside a building.
CB. Increase in lot Lot coverage. As part of the site development review process, lot coverage may be
increased from 75 percent to 80 percent, and the minimum landscaping requirement reduced from 25
percent to 20 percent, provided the following requirements are met:
DC.Day Care care uses. The following standards apply to all commercial day care uses in industrial zones:
E. 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.
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 floor area of the
development.
083
Proposed Code Amendment
PC Draft (11/5/2018) – Omnibus Amendments Page 6 of 28
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.
18.210.010030 Exceptions to Setback and Height Standards
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 a
residential 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 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:
084
Proposed Code Amendment
PC Draft (11/5/2018) – Omnibus Amendments Page 7 of 28
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.
31. 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 into a required front, side, or rear setback not more than 3 feet
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 extend into a required front
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 setbacks only.
75. 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 is not reduced to less than 3 feet.
CB.Exceptions Exception to maximum height limits. 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.
D. Towers and antennas. All freestanding and detached towers, antennas, wind-generating devices and TV
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.
085
Proposed Code Amendment
PC Draft (11/5/2018) – Omnibus Amendments Page 8 of 28
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
18.310.030 Accessory Structures
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.
18.310.010030 Exceptions to Setback, Height, and Parking Standards
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:
086
Proposed Code Amendment
PC Draft (11/5/2018) – Omnibus Amendments Page 9 of 28
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.
21. 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 into a required front, side, or rear setback not more than 3 feet
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 only.
CB.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 height
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
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.
18.310.010 Accessory Structures
A. Accessory structures are allowed in all commercial and industrial zones provided the site is still in
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.
087
Proposed Code Amendment
PC Draft (11/5/2018) – Omnibus Amendments Page 10 of 28
Chapter 18.410
OFF-STREET PARKING AND LOADING
18.410.030 General Provisions
F. Visitor parking in apartment developments. Apartment developments that require more than 10 parking
spaces must also provide additional parking for guests of residents. The amount of additional parking
required is 15 percent of the minimum parking for the use as shown in Table 18.410.2. Additional guest
parking must be clearly 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.
GH.Fleet parking.
Chapter 18.435
SIGNS
18.435.020 Permits
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 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 ParagraphSection 18.435.060.A.11100, 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 on or painted on a motor vehicle or trailer, as defined by ORS Chapter
801, with the primary purpose of providing a sign not otherwise allowed for by this chapter are
prohibited.
088
Proposed Code Amendment
PC Draft (11/5/2018) – Omnibus Amendments Page 11 of 28
IJ. 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.
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;
Chapter 18.640
RIVER TERRACE PLAN DISTRICT
Sections:
18.640.050 Community Commercial Development Standards
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, for the C-C zone,
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 the applicable base zone apply to all
development in River Terrace, except where adjustments have been obtained in compliance with
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
as approved through the adjustment process in compliance with Subsection 18.640.060.D.
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.I.
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
089
Proposed Code Amendment
PC Draft (11/5/2018) – Omnibus Amendments Page 12 of 28
carports in Paragraphs 18.640.070.E18.640.070.I.1, 2, 4, and 5 for the facade that faces the
River Terrace Boulevard ROW.
b. Any building designed for residential use on a 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.E18.640.070.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 as
approved through the adjustment process in compliance with Subsection 18.640.060.D.
a. Rowhouse and single detached house lots must abut the River Terrace Boulevard ROW with
their front, side, or rear 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.I.
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.E18.640.070.I.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.E18.640.070.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 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 as approved through 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.E18.640.070.I 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.
090
Proposed Code Amendment
PC Draft (11/5/2018) – Omnibus Amendments Page 13 of 28
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 18.40.020.C and D.
B. Housing types. In addition to Paragraph 18.770.030.I.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
section. The specific development standards provided in Subsection 18.770.070.C do not apply. The
following specific development standards apply in their place.
1. Lot dimensions. The minimum lot area 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
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 minimum lot area and lot width standards of the applicable base zone.
2. Building height. The maximum building height standard of the applicable base zone do not apply
to any building on any lot, including those lots abutting right-of-way, with the following exception:
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 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.
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 greater setback, on the side of the lot abutting the
perimeter. This standard may be met by proposing an open space tract between the proposed
development and the abutting development or land.
b. All buildings must meet the minimum requirements of the state building code and fire code.
c. All garages and carports must be set back a minimum of 20 feet on the side of the lot from
which vehicle access is taken from a public right-of-way. If vehicle access is taken from a
private street or alley, this setback may be reduced to zero feet where proper clearances for
turning and backing movements are provided.
d. Where the applicant proposes to reduce the applicable base zone setbacks for buildings on lots
not included in Subparagraph 18.640.070.B.3.a, the applicant must specify the proposed
setbacks on either a lot-by-lot or area-wide basis.
091
Proposed Code Amendment
PC Draft (11/5/2018) – Omnibus Amendments Page 14 of 28
4. Planning commission discretion. The planning commission may approve a smaller perimeter lot or
a lesser perimeter setback where the applicant demonstrates that a smaller lot or lesser setback will
have no greater impact on abutting development or land than the minimum standards for perimeter
lots described above in Paragraphs 18.640.070.B.1–3.
C. Private outdoor area—residential use. The private outdoor area requirements of Paragraph
18.770.080.D.5 only apply to apartment development.
D. Shared outdoor recreation and open space facility areas—residential use. The shared outdoor recreation
and open space requirements of Paragraph 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:
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 a rea 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.
092
Proposed Code Amendment
PC Draft (11/5/2018) – Omnibus Amendments Page 15 of 28
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.218.640.070.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.
F. Open space conveyance. The standards of Paragraph 18.770.080.D.14 apply to the conveyance of open
space 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.C 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
additional required land use approvals must be obtained, e.g., partition or subdivision, and a complete
building permit application, for the final proposed phase of development must be submitted to the city
within 7 years of the detailed development plan approval in order to be issued un der the original
approval.
EI. Design standards for single detached houses and rowhouses. The following design standards apply only
when where the applicant chooses to provide them under Subparagraph
18.640.070.C.2.e18.640.070.E.2.e or where required by Section 18.640.060.otherwise specified in this
chapter.
These standards apply to single detached houses and rowhouses. They 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.
093
Proposed Code Amendment
PC Draft (11/5/2018) – Omnibus Amendments Page 16 of 28
Figure 18.640.2
Building Articulation
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).
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.E18.640.070.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.
094
Proposed Code Amendment
PC Draft (11/5/2018) – Omnibus Amendments Page 17 of 28
Figure 18.640.3
Eyes on the Street
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.
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 longest 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.
095
Proposed Code Amendment
PC Draft (11/5/2018) – Omnibus Amendments Page 18 of 28
Figure 18.640.4
Entrances
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.
Figure 18.640.5
Detailed Design Elements
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.
096
Proposed Code Amendment
PC Draft (11/5/2018) – Omnibus Amendments Page 19 of 28
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 wood shingle 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.
l. 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.E18.640.070.I.4.n.
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 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 setback. A garage or carport must be located a greater distance from the front or side
lot line 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 longest 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 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.
097
Proposed Code Amendment
PC Draft (11/5/2018) – Omnibus Amendments Page 20 of 28
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 facade provided 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 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.
Figure 18.640.6
Garage Door Width
(Ord. 17-22 §2)
F. Garage entrance setbacks. Garage entrance setbacks may be reduced to 0 feet where vehicle access
is taken from a private street or alley and where proper clearances for turning and backing
movements are provided.
18.640.080 Street Design
C. Arterial streets. The following street design standards apply to the arterial streets in the Ri ver Terrace
Plan District as shown on Map 18.640.B, which is located at the end of this chapter.
[PLACEHOLDER FOR ROY ROGERS ROAD AND SCHOLLS FERRY ROAD CROSS SECTIONS]
X: 12′ allowed. More than 12′
allowed when X no more than
40 percent (or 50 percent in
some circumstances) of Y.
Y: Street-facing facade.
098
Proposed Code Amendment
PC Draft (11/5/2018) – Omnibus Amendments Page 21 of 28
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. 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.
Chapter 18.660
TIGARD TRIANGLE PLAN DISTRICT
18.660.030 General Provisions
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.
4. Adjustment application. An adjustment application is processed through a Type II procedure as
provided in Section 18.710.060.
b. An adjustment application will be approved when all of the following approval criteria have
been met for each requested adjustment:
iii. IfThe 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:
•Lot size, shape, or topography
•Multiple street frontages
•Protected natural resources
iv. IfThe 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.
099
Proposed Code Amendment
PC Draft (11/5/2018) – Omnibus Amendments Page 22 of 28
v. IfThe 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.
18.660.060 Land Use Standards
B. General provisions.
3. Drive-through development Development with drive-through service is prohibited.
C. Land use standards.
Table 18.660.4
Use Table
Use Category Use Type
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 Overlay Zone
18.760 Home Occupations
18.765 Modifications
18.770 Planned Developments
18.780 Site Development Reviews
18.790 Adjustments Text and Map Amendments
18.795 Map and Text Amendments
100
Proposed Code Amendment
PC Draft (11/5/2018) – Omnibus Amendments Page 23 of 28
CHAPTER 18.710
LAND USE REVIEW PROCEDURES
18.710.020 Summary of Land Use Applications
Table 18.710.1
Summary of Land Use Applications
Abbreviation Land Use Application Type Applicable Section Review Type
ADU Accessory Dwelling Unit 18.220 I
MIS Adequate Public Facilities Exception
(inside River Terrace) 18.640 II
ADJ
Adjustment
- Inside River Terrace
- Inside TMU zone
- Citywide
18.640
18.660
18.715
II
ZCA Annexation 18.720 III-Modified,
Legislative
(N/A) Appeal 18.710 III-various
CPA Comprehensive Plan Map Amendment 18.790 III-Modified,
Legislative
CPA Comprehensive Plan Text Amendment 18.790 Legislative
CUP Conditional Use 18.740 III-HO
DCA Development Code Text Amendment 18.790 Legislative
(N/A) Extension 18.745 I, II
DIR Director Determination 18.730 I
DDR Downtown Design Review 18.650 I, II, III-DR
MIS Historic Resource Designation or Alteration 18.750 II, III-PC
HOP Home Occupation Permit 18.760 I, II
LLA Lot Line Adjustment or Lot Consolidation 18.810 I
MLP Land Partition 18.820 II
MAR Marijuana Facilities 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, II, 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
UFR Urban Forestry Plan Modification or
Discretionary Review 18.420 I, III-HO,
III-PC
ZON
Zoning Map Amendment
- Quasi-Judicial (site specific)
- Legislative (citywide)
18.790
III-PC,
III-Modified,
Legislative
101
Proposed Code Amendment
PC Draft (11/5/2018) – Omnibus Amendments Page 24 of 28
Table 18.710.1
Summary of Land Use Applications
Abbreviation Land Use Application Type Applicable
Section
Review Type
ADU Accessory Dwelling Unit 18.410 I
MIS Adequate Public Facilities Exception
(within River Terrace)
18.640 II
ADJ Adjustment
- Outside TMU zone 18.790 II
- Inside TMU zone 18.660 II
ZCA Annexation
- Quasi-Judicial
- Legislative
18.720
III-Modified
Legislative
CPA Comprehensive Plan Map Amendment
- Quasi-Judicial (site specific)
- Legislative (city-wide)
18.795
III-Modified
Legislative
CPA Comprehensive Plan Text Amendment 18.795 Legislative
CUP Conditional Use
- Initial
- Major Modification
- Minor Modification
18.740
III-HO
III-HO
I
DCA Development Code Amendment 18.795 Legislative
UFR Discretionary Urban Forestry Plan Review 18.520 III-PC, III-HO
DIR Director’s Determinations 18.730 I
DDR Downtown Design Review 18.650 I, II, III-DR
MIS Historic Overlay Designation
- Designation or Removal of Designation
- Alteration, Construction or Demolition
18.750
III-PC
II
HOP Home Occupation
- Type I
- Type II
18.760
I
II
LLA Lot Line Adjustment 18.810 I
LLA Lot Line Consolidation 18.810 I
MAR Marijuana Facilities Permit 18.430 I
MLP Minor Land Partition 18.820 II
MIS Miscellaneous varies varies
PDR Planned Development
- Concept Plan
- Detailed Development Plan
18.770
III-PC
III-PC
SLR Sensitive Lands Review 18.510 I, II, III-HO
SDR
MMD
Site Development
- New Construction
- Major Modification
- Minor Modification
18.780
II
II
I
SGN Sign Permit 18.435 I
SUB Subdivision
- Without Planned Development
- With Planned Development
18.830
18.830 / 18.770
II
III-PC
MIS Transportation Mitigation
(within Tigard Triangle)
18.660 II
TUP Temporary Use Permit 18.440 I
102
Proposed Code Amendment
PC Draft (11/5/2018) – Omnibus Amendments Page 25 of 28
Table 18.710.1
Summary of Land Use Applications
Abbreviation Land Use Application Type Applicable
Section
Review Type
UFR Urban Forestry Plan Modification 18.520 I
ZON Zoning Map Amendment
- Quasi-Judicial (Site specific)
- Legislative (City-wide)
- With Comprehensive Plan Map
Amendment
18.795
III-PC
Legislative
III-Modified
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, or final plat, or
similar to scale.
18.710.110 Legislative Procedure
A. Notice of hearing.
2. A notice of hearing must 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:
a. At least 20 days prior to the hearing date, notice must be mailed to individual property owners
as required by state law.
b. The director will prepare an affidavit of mailing such notice that indicates the date that the
notice was mailed to the necessary parties. The affidavit will be made part of the record.
c. At least 14 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.
Chapter 18.810
LOT LINE ADJUSTMENTS AND LOT CONSOLIDATIONS
18.810.030 Approval Criteria
A. Approval criteria.
3. The proposed lots comply with the following:
e. The side lot lines are 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
103
Proposed Code Amendment
PC Draft (11/5/2018) – Omnibus Amendments Page 26 of 28
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.
Chapter 18.820
LAND PARTITIONS
18.820.040 Approval Criteria
A. Approval criteria.
4. All proposed lots comply with the following:
c. The minimum lot size is met. The minimum lot size for non -residential development is
provided in the 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 access flag pole is not included in the lot area calculation,
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.
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;
104
Proposed Code Amendment
PC Draft (11/5/2018) – Omnibus Amendments Page 27 of 28
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.
Chapter 18.830
SUBDIVISIONS
18.830.040 Approval Criteria—Preliminary Plat
A. Approval criteria.
2. In addition to the base zone regulations, all lots comply with the following:
c. The side lot lines are at right angles to the street upon which the lots front, where practicable;
and Each lot is rectilinear in shape with side lot lines at right angles t o 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. Each lot fronts a public or private street, other than an alley, for a width of at least 25 fe et. Lots
for rowhouses must front a public or private street for a width of at least 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;
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.
Chapter 18.920
ACCESS, EGRESS, AND CIRCULATION
18.920.030 General Provisions
F. Pedestrian access. Paths for pedestrian access and circulation are required to and sometimes
through a site. 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.
105
Proposed Code Amendment
PC Draft (11/5/2018) – Omnibus Amendments Page 28 of 28
F. Required walkway location. On-site pedestrian walkways must comply with the following standards:
1. Walkways must extend from the ground floor entrances or from the ground floor landing of stairs,
ramps, or elevators of all commercial, institutional, and industrial uses, to the streets that provide
the required access and egress. Walkways must provide convenient connections between buildings
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 recreation
facilities.
3. Wherever required walkways cross vehicle access driveways or parking lots, such crossings must
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
a minimum 3-foot horizontal separation, except that pedestrian crossings of traffic aisles are
allowed for distances no greater than 36 feet if appropriate landscaping, pavement markings, or
contrasting pavement materials are used. Walkways must be a minimum of 4 feet in width,
exclusive of vehicle overhangs and obstructions such as mailboxes, benches, bicycle racks, and
sign posts, and must be in compliance with all federal and state accessibility requirements.
4. Required walkways must be paved with hard surfaced materials such as concrete, asphalt, stone,
brick, other pervious paving surfaces, etc. Any pervious paving surface must be designed and
maintained to remain well-drained. Walkways may be required to be lighted or signed as needed
for safety purposes. Soft-surfaced public use pathways may be provided only if such pathways are
provided in addition to required pathways.
106
City of Tigard
Proposed Zoning Map
Amendment
(File No. ZON 2018-00005)
Phase II Code Amendments:
Residential and Commercial
Development Standards
&
Land Use Review
Procedures
Planning Commission Draft – November 5, 2018
Please contact Susan P. Shanks, Senior Planner, at 503-718-2454 or susans@tigard-or.gov with
questions or comments about the proposed code amendments or the code adoption process.
ATTACHMENT 2
PROPOSAL SUMMARY
The proposed zoning map amendment does not change any base zone designation.
It changes both of the city’s overlay zone designations, but it does not in any way
change how properties will be regulated by the Tigard Community Development
Code. The proposed zoning map amendment includes the following changes:
• Removes the Planned development overlay zone designation from the map
to be consistent with the proposed code amendments to Chapter 18.770 ,
Planned Developments.
• Changes the name of the overlay designation from Historic District to
Historic Resource to be consistent with the proposed code amendments to
Chapter 18.750, Historic Resources.
P
N
W
R
R
A
I
L
R
O
A
D
&
W
E
S
C
O
M
M
U
T
E
R
R
A
I
L
R-25
R-25
PR
R-7 (PD)
R-12(PD)
R-12
R-7
R-7
R-25 (PD)
R-12
R-12(HD)
R-7 (PD)
R-4.5
R-7
MUC-1
R-12
PR
PR
R-12(PD)
R-12
C-G(PD)
R-4.5
R-40
PR
R-7(PD)
R-3.5
R-3.5
R-7 (PD)
MUE-1 (PD)
R-4.5
C-G
MUE
R-3.5
R-7
R-25 (PD)
R-4.5
R-12
R-4.5(PD)
PR
R-4.5 (PD)
C-N
PR
MUR-1
R-12 (PD)
R-7 (PD)
R-12(PD)
R-25
C-G (PD)
R-7
R-12(PD)R-2(PD)
R-4.5
R-12 (PD)
R-7 (PD)
R-12
PR
R-25(PD)
R-2
C-C
R-7 (PD)
R-25
R-12
C-N
PR
C-G
C-P
MUE-2
I-H
R-3.5
R-4.5(PD)
R-4.5
MU-CBD(PD)
PR
MUC
PRPR
C-P
R-12C-G(HD)
C-N
R-12
PR
PR
C-G
MU-CBD
R-12 (HD)
C-P
R-3.5 (HD)
R-12
R-4.5
R-3.5(PD)
PR
PR
R-25(PD)
R-7
C-G
MUR-1R-4.5 (PD)
WA-CNTY
R-25
MUE-1
R-4.5(PD)
R-4.5
R-4.5
R-4.5
R-2
I-P
R-1
R-7
MUR-2
R-4.5
R-4.5
MUR-2
R-7
R-7 (PD)
R-7
R-3.5
R-7
R-25
R-7
R-4.5
R-25(PD)
R-4.5(PD)
R-4.5 (PD)
R-7(PD)
PR
I-P
I-P
C-G
R-12
C-P C-G(PD)
I-PC-C
R-4.5 (PD)
R-12 (PD)
R-4.5(PD)
PR (HD)
R-12 (PD)
R-7
R-12
R-12 (PD)
R-25
R-7 (PD)
R-25
R-2(PD)
PR
PR
I-L
R-12 (PD)
R-7
R-4.5
C-G
R-4.5(PD)
C-G
R-25
R-4.5 (HD)
C-G
TMU
MUR-1 (PD)
R-4.5
PR
I-P
MUE (PD)
R-12
R-7
PR
C-P
R-7 (PD)
R-4.5(PD)
R-4.5 (PD)
R-4.5(PD)
R-4.5
R-4.5
MU-CBD(HD)
C i t y o f T i g a r d, Oregon1 3 1 2 5 S W H a ll BlvdT i g a r d , O R 972235 0 3 6 3 9 -4171w w w. t i g a r d-or.gov
Map Created: 10/22/2018
Zoning Map
Zoning Classifications
R-1 30,000 Sq Ft Min Lot Size
R-2 20,000 Sq Ft Min Lot Size
R-3.5 10,000 Sq Ft Min Lot Size
R-4.5 7,500 Sq Ft Min Lot Size
R-7 5,000 Sq Ft Min Lot Size
R-12 3,050 Sq Ft Min Lot Size
R-25 1,480 Sq Ft Min Lot Size
R-40 40 Units Per Acre
MUR-1 Mixed Use Residential 1
MUR-2 Mixed Use Residential 2
MU-CBD Mixed Use Central Bus Dist
C-C Community Commercial
C-G General Commercial
C-N Neighborhood Commercial
C-P Professional Commercial
MUC Mixed Use Commercial
MUC-1 Mixed Use Commercial 1
TMU Triangle Mixed Use
MUE Mixed Use Empoloyment
MUE-1 Mixed Use Employment 1
MUE-2 Mixed Use Employment 2
I-L Light Industrial
I-P Industrial Park
I-H Heavy Industrial
PR Parks and Recreation
WA-Cnty Washington County
Overlay Zones
Historic District Overlay
Planned Development Overlay
City of Tigard, Oregon
Tigard City Boundary
Urban Services Boundary
Urban Growth Boundary
E
0 0.25 0.5MilesScale
Effective 09/17/2018
EXISTING
PNWRRAILROAD&WESCOMMUTERRAILC-P
R-25 R-4.5
C-N
R-12R-4.5
R-2
R-12
R-12
R-3.5 (HR)
R-12
C-P
R-4.5
R-25
C-G
R-4.5
R-4.5
C-G
R-25
R-7
R-12R-12
R-25R-4.5
R-1
R-3.5
R-12
C-C
R-25
R-12
R-12
R-12
R-12
R-7
R-12R-25
R-7
R-7
R-12
R-12
R-12
R-7
R-4.5
R-2R-3.5
R-7 R-12
R-4.5
(HR)
R-12 (HR)
MUE-2
R-7
R-7
R-25
MUE
R-4.5
R-7
R-12
C-P
R-7
R-7
R-25
C-N
R-4.5 (HR)
R-4.5
R-7
C-G
R-2
R-4.5
R-4.5
R-4.5
R-4.5
R-12
R-4.5
MUC
R-12
MUR-1
C-P
MUR-2
R-12
TMU
C-G
R-3.5
R-25
I-P
I-P
C-P
I-L
I-H
C-G
C-G
I-P
R-7
R-7
R-12
R-12
R-7
R-7
R-7
R-12
R-12
R-25
R-12
R-3.5
C-G
(HR)
R-3.5 C-G
R-40
R-25
R-4.5 R-3.5 (HR)
R-7
R-4.5
R-12
R-4.5
R-12
R-3.5
R-12
MUC-1
I-P
I-P
R-12 (HR)
MUE-1
MUR-1
MUR-2
C-G
R-12
R-12
R-25
C-P
I-P
R-12
R-12
R-12
R-12
R-4.5
C-N
C-P
C-P
R-25
R-12
I-L I-L
I-P
C-P
WA-CNTY
R-4.5
R-7
R-7
R-7
R-7
R-7
R-7
R-7
R-7
PR
PR
PR
PR
PR
PR
PR
PR
PR (HR)
PR
PR
PR
PR
PR
PR
PR
PR
PR
PRPR
PR
PR
PR
PR
PR
PR
PR
PR
PR
PR
PR
PR
PR
PR
PR PR
PR
PR
PR
PR
PR
PR
PR PR
PR
PR
PR
PR
PR
PR
PR
PR
PR
PR
MU-CBD
PR
PR
R-4.5
R-12
C-C
R-25
R-7
R-4.5
R-12
R-12 R-4.5
I-P
MUE
R-7
R-7
R-7
R-4.5
R-7
R-7
R-4.5
R-7
R-4.5
R-4.5
MU-CBD
(HR)
R-12
R-12
R-12
R-12
R-12
R-12
R-12
R-12
R-12
C i t y o f T i g a r d, Oregon1 3 1 2 5 S W H a ll BlvdT i g a r d , O R 972235 0 3 6 3 9 -4171w w w. t i g a r d-or.gov
Map Created: 10/25/2018
Zoning Map
City of Tigard, Oregon
Tigard City Boundary
Urban Services Boundary
Urban Growth Boundary
E
0 0.25 0.5MilesScale
Base Zones
Overlay Zone
R-1: Residential Low-Density
R-2: Residential Low-Density
R-3.5: Residential Low-Density
R-4.5: Residential Low-Density
R-7: Residential Medium-Density
R-12: Residential Medium-Density
R-25: Residential Medium-High-Density
R-40: Residential High-Density
MUR-1: Mixed-Use Residential 1
MUR-2: Mixed-Use Residential 2
MU-CBD: Mixed-Use Central Bus Dist
MUC: Mixed-Use Commercial
MUC-1: Mixed-Use Commercial 1
MUE: Mixed-Use Empoloyment
MUE-1: Mixed-Use Employment 1
MUE-2: Mixed-Use Employment 2
TMU: Triangle Mixed-Use
C-C: Community Commercial
C-G: General Commercial
C-N: Neighborhood Commercial
C-P: Professional Commercial
I-L: Light Industrial
I-P: Industrial Park
I-H: Heavy Industrial
PR: Parks and Recreation
WA-Cnty: Washington County
Historic Resource
Effective 12/XX/2018
PROPOSED
1
Susan Shanks
From:Laura Pierson <pierson.laurac@gmail.com>
Sent:Thursday, October 25, 2018 3:49 PM
To:Susan Shanks
Subject:Re: Proposed change to R-25 and R-40 code
Susan,
Your willingness to have a conversation with me on these matters ina civil and even kind way makes your point almost
better than your words. You did not have to take the time to respond to my emails. Your openness has given me new
hope in our city government. Thank you!
Laura
On Thu, Oct 25, 2018 at 3:09 PM Susan Shanks <SusanS@tigard‐or.gov> wrote:
Thank you, Laura, for your additional thoughts. You make some very valid points on two very complicated (and
entwined) issues. The only observation I can offer in return is that the market does not necessarily always provide the
community with what it needs. I’m not saying that the city always knows what’s best, but, unlike the market, our
decision‐making bodies are composed of Tigard citizens who hold public hearings to consider the different and
sometimes competing needs, interests, and opinions of affected stakeholders.
Thank you again for your comments. I will share them with the Planning Commission.
Regards,
Susan P. Shanks | Senior Planner
City of Tigard | Community Development Department
13125 SW Hall Blvd | Tigard, Oregon | 97223
503‐718‐2454
From: Laura Pierson <pierson.laurac@gmail.com>
Sent: Thursday, October 25, 2018 2:47 PM
To: Susan Shanks <SusanS@tigard‐or.gov>
Subject: Re: Proposed change to R‐25 and R‐40 code
ATTACHMENT 3
2
Susan,
Thanks for responding to me. I actually like the “missing middle” ideas you have, especially the ADU option.
Unfortunately, all of those still trap residents in either a renting situation or a HOA (since it is rare for a multi‐family
dwelling to be free of a HOA). None of these options provide space for the maintenance of vehicles. It would also be
more difficult for shift workers to be able to sleep during the day in such close quarters.
I guess what I’m saying is that I realize there is a need for more dense housing but that I feel we should not prohibit
building more single‐family homes in order to allow for other types of housing.
As someone who works in SE Portland, I also feel that it is irresponsible for Tigard to continue to increase density
without improving its roadway infrastructure. It has become clear that our roadways are at capacity. Is it fair to current
residents to build any more housing when the current roadways are not sufficient for the current population? How is it
helping those in need of low income housing to provide them a place to live without the means to get to work in a
timely manner?
Many would say we need to work toward driving less. While this is also a nice goal, I would counter that my commute
on transit would take me 2 hours each way (I estimate 1.5 with the max line down 99). How is that feasible on top of a
10‐12 hour shift? How is it feasible for my husband to commute by bike when he has to visit muglitple sites throughout
the metro area in a day? Many people in our community have similar work situations.
So yes, other housing options are lovely! I would have loved one of those options if I didn’t need a quiet place to sleep
and if car maintenance and transportation wasn’t an issue. But please don’t force the residence of this city down this
path when it may not be what they actually want or need. Allow the market to drive housing options and please,
please, build some bigger roads.
Laura Pierson
3
On Thu, Oct 25, 2018 at 2:02 PM Susan Shanks <SusanS@tigard‐or.gov> wrote:
Hi Laura,
Thank you for taking the time to express your concerns about the code change being proposed. I will share them with
the Planning Commission at the upcoming public hearing. The city shares your concerns about housing affordability.
The proposed code change may appear to be in opposition to this position, but it is actually part of a larger strategy
that the city is implementing to increase affordable housing options for all residents at all stages of life. The sole
purpose of the proposed change is to ensure that the city’s limited supply of higher‐density zones truly supports
higher densities, i.e. more dwelling units per acre, which is something that cannot be physically achieved with single
detached homes. That being said, we are on the brink of allowing a whole range of “missing middle” housing types
that will allow for smaller detached homes, in the form of cottages and accessory dwelling units (i.e. granny flats), in
almost all residential zones in the city. You can learn about the city’s “missing middle” housing initiatives here:
http://www.tigard‐or.gov/housingoptions/. I’ve also copied Schuyler Warren on this email by way of introduction. He
is managing this project and would be happy to answer any questions you may have. I believe that the next public
hearing on Schuyler’s project has been moved from Nov 13 to Nov 27, but double check that with him.
Again, thank you for sharing your thoughts on this very important issue.
Regards,
Susan P. Shanks | Senior Planner
City of Tigard | Community Development Department
13125 SW Hall Blvd | Tigard, Oregon | 97223
503‐718‐2454
From: Laura Pierson <pierson.laurac@gmail.com>
Sent: Thursday, October 25, 2018 1:25 PM
To: Susan Shanks <SusanS@tigard‐or.gov>
Subject: Proposed change to R‐25 and R‐40 code
Ms Shanks,
I am writing as a resident of Tigard who has lived in a house in the R‐25 zone for the last 5 years. My husband and I
are very unhappy with the proposed change to the zoning code and would like to lodge our protest to the change.
4
As lifelong residents of the Portland area, my husnand and I dreamed of buying a home in the area to one day raise a
family. Although we were both working, housing prices almost made that dream impossible. We were able to find
what many would consider a “starter home” in Tigard.
We are so happy with our house, tiny yard and all, that we plan to stay in it and raise our daughter here. As a shift
worker, the fact that we don’t have a shared wall has made my life significantly better. And no HOA means that my
husband can perform car repairs in our garage without fear of penalty. Finally, as our daughter grows I look forward to
the ability to allow her to play in our small but private backyard, free from fear of someone walking back there while
my back is turned.
Yes, all of these things are privileges, but they are privileges that make it possible for us to support ourselves as a
working family. A home with no shared walls mean my house is quiet enough for me to sleep during the day so I may
work nights, car repairs save us thousands each year, not to mention the amount saved simply in the absence of HOA
fees, and a child with a safe place to play is a child that is more likely to thrive.
Prohibiting the construction of new single family homes in the R‐25 and R‐40 zones would mean that other working
families like mine will never have the chance to own their own home and experience these things in the Portland area.
It means that struggling families will have many more hurdles on the path toward livability.
In a time when the cost of a house is continuing to rise in the metro area, I would love to see Tigard to continue to be
a place where working families can afford to live in a HOME.
I think of my younger brother. At 22 he is working to establish his place in the communiry. On his current wages he
may be to afford an apartment but if the supply of single family homes continues to drop and the prices continue to
soar, he will not be able to afford a home, even as his wages increase.
So please, do not change the zoning rules for R‐25 and R‐40. Please DO allow builders to continue building small single
family homes with small yards so that families struggling just to get by can have a place to call their own.
Sincerely,
Laura Pierson
1
Susan Shanks
From:Susan Shanks
Sent:Thursday, October 25, 2018 2:47 PM
To:'Tom & Carolyn Moore'
Subject:RE: Comment/Questions regarding proposed code change - Prohibit single-Family detachted homes
in R-25 zones
Hi Tom and Carolyn,
I apologize that it has taken me several days to respond to your email. I will share your comment with the Planning
Commission at the upcoming public hearing, and you are welcome to observe or testify at this hearing. Staff does not
support your suggested approach that the new prohibition only apply to undeveloped land. This would mean that an
existing home on a very large R‐25 lot would be allowed to subdivide into multiple lots and develop with single‐family
homes, which defeats the whole purpose of the proposal. The sole purpose of the proposal is to ensure that the city’s
limited supply of higher‐density zones truly supports higher densities, i.e. more dwelling units per acre, which is
something that cannot be physically achieved with single‐family homes. It is not meant to penalize existing single‐family
homes, which brings me to your question. In conjunction with the proposed change to prohibit new single‐family homes
in the R‐25 zone, the city is also proposing language to ensure that existing single‐family homes in any zone where they
are prohibited are allowed to be rebuilt if accidentally destroyed, e.g. by fire or earthquake.
You may also be interested to know that the proposed change is part of a larger city strategy to increase housing options
for all residents at all stages of life. The city is on the brink of allowing a whole range of “missing middle” housing types
that will allow smaller detached homes‐‐in the form of cottages and accessory dwelling units (i.e. granny flats)—to be
built in almost all lower‐density zones in the city where they are currently not allowed. You can learn more about the
city’s “missing middle” housing initiative here: http://www.tigard‐or.gov/housingoptions/.
Please call or email me should you have any more questions.
Regards,
Susan P. Shanks | Senior Planner
City of Tigard | Community Development Department
13125 SW Hall Blvd | Tigard, Oregon | 97223
503‐718‐2454
From: Tom & Carolyn Moore <tecj.moore@frontier.com>
Sent: Monday, October 22, 2018 1:13 PM
To: Susan Shanks <SusanS@tigard‐or.gov>
Subject: Comment/Questions regarding proposed code change ‐ Prohibit single‐Family detachted homes in R‐25 zones
Comment:
The change to prohibit the construction of new single‐family detached homes on R‐25 and R‐40 zones should only be
implemented for undeveloped land. The zoning for previously developed tax lots should be changed to a zoning
classification that fits the existing development.
Question:
The notice we received indicated that existing single‐family detached homes would not be affected by the proposed
code change. We have a single family home on land zoned R‐25, does this mean that the proposed code change will not
2
impose any new restrictions on our property? Specifically would the proposed code change affect our ability to rebuild if
our house were to be destroyed by fire/earthquake etc.?
Thanks,
Tom & Carolyn Moore
12427 SW Morning Hill Drive
Tigard, Oregon 97223
Phone: 503‐590‐8088