DIR2002-00001 DATE: 4/15/2002
CODE SECTIONS: 18.350.070.A.4
• LTOPIC:1 Planned Development Setbacks
INTERPRETATION: There has been some confusion on the way that the Tigard Development Code (TDC),
Section 18.350.070(A)(4) has been administered in the past within Planned Developments,
and there has been some flexibility granted by staff in cases where it should not have been.
The purpose of the planned development overlay zone is among other things to provide a
means for creating planned environments through the application of flexible standards, to
preserve natural features that are unique to a particular site, and to encourage
development that creates innovative and diversified living environments.
Applications for planned developments are allowed to reduce their setbacks, but only when
the applicant requests reduced setbacks. The developer can only vary his setbacks when
it is specifically requested at the time that the application is being decided upon by the
review authority. The aforementioned section of the TDC pertaining to structure setback
provisions states the following:
a. Front yard and rear yard setbacks for structures on the perimeter of the project shall be
the same as that required by the base zone unless otherwise provided by Chapter 18.360.
This provision has been interpreted to mean that those specific yards that are adjacent to
the perimeter of the project must meet the base zone setback requirements unless the
application satisfies the criteria in TDC Section 18.360.080(A), and the request is
permitted within the detailed review.
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