Ordinance No. 10-15 CITY OF TIGARD, OREGON
TIGARD CITY COUNCIL
ORDINANCE NO. 10- I---)
AN ORDINANCE ADOPTING DEVELOPMENT CODE AMENDMENT DCA2010-00004
TO UPDATE CHAPTERS 1.8.130 AND RELATED SECTIONS OF THE TIGARD
DEVELOPMENT CODE PERTAINING TO USE CLASSIFICATIONS.
WHEREAS, the City has proposed an amendment to the Tigard Community Development Code
pertaining to Use Classifications; and
WHEREAS, the Tigard Planning Commission held a public hearing, consistent with Statewide
Planning Goal 1 and noticed in accordance with City standards, on July 19, 2010, and recommended
approval of the proposed DCA2010-00004 by motion on a unanimous vote (6-0); and
WHEREAS, on September 14, 2010, the Tigard City Council held a public hearing, consistent with
Statewide Planning Goal 1 and noticed in accordance with City standards, to consider the
Commission's recommendation on DCA2010-00004; and
WHEREAS, on September 28, 2010, the Tigard City Council adopted DCA2010-00004 by motion,
pursuant to the public hearing and its deliberations; and
WHEREAS, Council's decision to adopt DCA2010-00004 is based on the background information
and commentary contained in the July 19, 2010 Planning Commission Recommendation; the
findings and conclusions found in the City of Tigard staff report dated July 12, 2010; and remainder
of the associated record, which are incorporated herein by reference and are contained in land-use
file DCA2010-00004.
NOW,THEREFORE,THE CITY OF TIGARD ORDAINS AS FOLLOWS:
SECTION 1: Tigard Community Development Code is amended to include new text and to
rescind existing text as shown in "EXHIBIT A"; and
SECTION 2: The City recognizes the background information and commentary contained in
"EXHIBIT A", and the findings and conclusions contained in "EXHIBIT B", to
be the legislative basis for this ordinance; and
SECTION 3: This ordinance shall be effective 30 days after its passage by the Council, signature
by the Mayor, and posting by the City Recorder.
PASSED: By Ll 0 C i11 (ir10t1_2 votgof all Co—ncil members present et being read by
number and title only, this 2 —day o"L , 2010.
Cd, t_
Catherine Wheatley, City Recor e
ORDINANCE No. 10- /S
Page 1 of 2
APPROVED: [�
By Tigard City Council this day of •.��� 0��"L��� , 2010.
g Dirksen, Mayor
Approved as to form:
City��trot y
ORDINANCE No. 10- 1�
Page 2 of 2
Exhibit `'A"
City of Tigard
Use Categories Development Code Amendment
DCA2010-00004
Planning Commission Recommendation of July 19, 2010
With
Changes Directed by Council on September 14, 2010
Acknowledgements
Tigard City Council
Mayor Craig Dirksen
Council President Nick Wilson
Councilor Gretchen Buehner
Councilor Sydney Webb
Councilor Marland Henderson
Tigard Planning Commission
Tom Walsh, President
Jeremy Vern-ilyea,Vice President
Tom Anderson
Margaret Doherty
Karen Ryan
Timothy L. Gashke
Stuart Hasman
Donald Schmidt,Alternate
Richard Shav ey,Alternate
Tigard Staff
Craig Prosser, City Manager
Ron Bunch, Community Development Director
Susan Harnett,Assistant Community Development Director
Gary Pagenstecher,Associate Planner
John Floyd, Associate Planner
Cheryl Caines,Associate Planner& Code Editor
Doreen Laughlin, Senior Administrative Specialist
Patty Lunsford, Planning Assistant
Table of Contents
ProjectSummary..................................................................................................................1
Background .........................................................................................................................1
How to Read the Development Code Amendment............................................................3
Proposed Development Code Amendments.......................................................................5
This page intentionally left blank
Background
The existing Use Classifications chapter (FDC 18.130) was last amended in 2006, but remains
insufficiently detailed to enable some land uses to be clearly identified and assigned to a land use
category. Similarly, the existing language does not provide sufficient clarity regarding how the
city is to regulate land uses which are incidental and accessory to the primary use of a property.
The resulting ambiguities result in administrative burdens for the City and uncertainty for
developers,property owners, and the general public. As a central element of the Tigard
Development Code, amendments to this chapter are the first major Development Code
Amendment being forwarded as part of the Regulatory Improvement Initiative.
Project Summary
The Use Categories Development Code Amendment is an amendment package designed to
improve code administration by clarifying and simplifying the land use categories that are a
major base component of the Tigard Development Code (IDC). The purpose of the
amendments is not to expand or restrict existing uses allowed within the Tigard Zoning Code.
Rather, the amendment seeks to improve the existing code by making it consistent, clear, and as
simple as possible. On July 19, 2010 the Tigard Planning Commission recommended a package
of amendments to Council, the main points of which are listed below.
r' The recommendation includes changing the name of the Chapter from Use Classification
to Use Categories.
i> The recommendation includes revising and expanding the purpose statement. (TDC
18.130.010).
The recommendation includes a new section that will guide administration of the chapter
(TDC 18.130.015),including the distinction between primary and accessory uses (TDC
18.120.030 & 18.130.015).
The recommendation includes clarification of existing use categories by reformatting the
existing use descriptions into four general subcategories applicable to each use category:
Characteristics,Accessory Uses,Examples,and Exceptions (TDC 18.130.020). Existing
language is being retained as much as practicable,but expanded and clarified where
necessary.
i' The recommendation includes minor text corrections and formatting changes within the
Zoning District Chapters (iDC 18.510-18.530) to coincide with changes being made to
the Use Classification Chapter.
The recommendation creates the "Custom Arts and Crafts" land use category, recently
established as part of the Tigard Downtown District Development and Design Standards
(Ordinance 10-2). Under Ordinance 10-2, this land use category was inserted into the
Commercial Zones Use Table (TDC Table 18.520.1) and the Definitions chapter (TDC
18.120.030.A.61),but not the Use Classifications chapter. The proposed language copies
and expands upon that used in the Defunitions chapter.
Use Categories Development Code Amendment DCA2010-00004
September 14, 2010 Page 1
i> The recommendation includes specific exceptions for incidental and temporary outdoor
activities, such as Christmas Tree Lots,which have been regulated the same as permanent
"Outdoor Sales"land uses (TDC 18.130.020.C.12.d.3).
The recommendation includes new language clarifying the intent of two use categories
which will result in a change of allowable uses within the"Personal Services"and "Repair-
Oriented Retail"use categories. Dry-cleaners and drop-off laundry facilities would be
considered "Repair-Oriented Retail"rather than"Personal Services." As a result of this
reclassification,these uses will no longer be allowed within the following Zoning Districts:
C-P (Professional/Administrative Commercial District),and MURA &MUR-2 (Mixed
Use Residential Districts). As required under QRS 227.186,Measure 56 notices were sent
to all property owners within these zoning districts.
v The recommendation includes as examples new uses not addressed in past versions of
the code,including, "doggy-daycares" and "beverage container redemption centers".
On September 14, 2010 Council held a public hearing to consider the Planning Commission
Recommendation. At that hearing Council received a presentation from staff,which included
three suggested changes to the Planning Commission Recommendation of July 19. As part of
the public hearing, Council opened the proceedings to public testimony but none was
submitted. Subsequently, Council moved to close the public hearing and continue the item to
September 28, 2010 with a directive that staff incorporates the suggested changes into this
document. The suggested changes can be summarized as follows:
y The first modification is that transitional housing (TDC18.340.040.C) be amended to
allow a 45 day maximum tenancy, rather than the existing 30 day limit. The change
would grant a more realistic timeline to social service providers,without changing the
underlying characteristic of this land use which is a defined limit on the duration of
occupancy.
j' Correction of a grammatical error and a typo.
Use Classification Development Code Amendment DCA2010-00004
Page 2 September 14, 2010
How to Read the Development Code Amendments
This section is organized by Development Code chapter number.
Ekren-numbered pages contain commentary on the amendments,which are contained on the
opposite (following) odd-numbered page. The commentary establishes,in part, the legislative
intent in adopting these amendments.
Odd-numbered pages show the existing language with proposed amendments. Text that is
proposed to be added to the code is shown in red font with double underlines. Text that is
proposed to be deleted is shown with formatting.
Use Categories Development Code Amendment DCA2010-00004
September 14, 2010 Page 3
Commentary
The Tigard Development Code does not distinguish between primary and accessory uses. The
proposal includes definitions for each which will be inserted into the existing list of Definitions
chapter, which will be renumbered to accommodate the new terms. Both definitions match
language also contained in the revised Use Categories chapter (18.730).
Use Classification Development Code Amendment DCA2010-00004
Page 4 September 14, 2010
Code Amendments
PROPOSED AMENDMENTS
Chapter 18.120.
Definitions
18.120.030 Meaning of Specific Words and Terms
A. For additional words and terms, see also Use Classifications (Chapter 19.130); Mixed
Solid Waste and Recyclable Storage (Chapter 18.775); Sensitive Lands (Chapter 18.775);
Signs (Chapter 18.780);Tree Removal (Chapter 18.790); and Wireless Communication
Facilities (Chapter 18.798). As used in this title, the following words and phrases mean:
5. "Access�se" - Uses or activities which are a subordinate part of a primary use
and are clearly incidental_toaprimary use on site. Developments may have more than
one accessory use.
137. "Primary Use" -A Primary use is the activity, or combination of activities of chief
importance on the site_and the main purposes for which the land or structures are
intended,des' ped_ or ordinarily used. Developments ma r have more than one Drimary,
Use.
Use Categories Development Code Amendment DCA2010-00004
September 14, 2010 Page 5
Commentary
Recommended changes to TDC 18.130.010 clarify the chapter purpose, and how land uses are
to be categorized into functional categories.
This page also contains an entirely new Section (TDC 18.130.015),which provides more detail
on how uses are to be classified. Subsection A expands upon the chapter purpose and provides
administrative direction on how uses are to be categorized. As part of this administrative
direction on use categories, the purpose of the "Characteristics" subsection of each use category
is defined and the concept of primary versus secondary uses is introduced and defined.
The recommendation also reduces the number of subsections by expanding the number of
sections from three to nine. Uses are also being reorganized into alphabetical order. The
purpose is to ease navigation and reduce the length and complexity of citations.
Use Classification Development Code Amendment DCA2010-00004
Page 6 September 14, 2010
Code Amendments
CHAPTER 18.130
USE CLASSIFICATIONS
Sections:
18.130.010 Purpose
18.130.015 ClassifcationofUses
18.130.020 Listing of Use Classifieations
18.130.025 Category Titles
18.130.030 mi n Un ntici ated Uses
!&.130.040 Residential Use Categories
18.130.050 Civic.Use Cate og Yes
1$.1_30.060 Commercial Use Categories
18.130.070 Industrial Use Catel4ories
18.130.080 Other Use Categories
18.130.010 Purpose
A. Putpose,
This. Chapter 1 ssifies land uses and activities into use
-catw4ories on the basiL of common functional- product or physical char"cteristicS.
Characteristics include the type and amount of acthLity, the type of customers or residen ,
ts
ow goods or services are sold or delivered_ and certain site fa tors The use tate ories
provide systematic basis for assilsnment of present and future uses to zones The decision
to allow or arolubit the use categories in the various zones is based on the .goals and
pQhcies of the o vreh ns've Plan.
18.130.015 Classification of Uses
A. CQnsiderations.
1. 1he "Characteristics" su section of each use category describes the characteristics of
each use categ�on=. Uses are assigned tot e categorLwhose dem tion most closely
describes the nature of the primary use. r� primanr use is the activity or combination of
activities of chief importance on the site, and the main purposes for which theLind-or
structures are intended, desiMcd_or ordinarily used. Accessory Uses are uses or
activities which area subordinate part of a primary use and are cleanly incidental to a
primaj-7 use on site. Developments may have more than one primary use 1]evelo m nts
y
ma al have or more 1 accessogy uses. I vel nts witb more than one primary
are addressed in S ection B. below, Accessoa uses are addressed in Subsection
below.
Use Categories Development Code Amendment DCA2010-00004
September 14, 2010 Page 7
Commentary
Recommended amendments on the opposite page contain additional language being added
under section 18.130.015. This new language includes the addition of criteria to be used when
assigning proposed or existing land use to an appropriate category, how to administer
developments with multiple primary uses, how accessory uses are to be treated, and the
appropriate use of the new examples subsection under each use classification.
Use Classification Development Code Amendment DCA2010-00004
Page 8 September 14, 2010
Code Amendments
2. The following items are considered to determine what use categor;, the use is in_ and
Nvhethet the activities constitute primag uses or accessory uses
a. The description of the activiaiesl in relationship to the characteristics of each use
categoM
b. The relative amount of site or floor space and equipment devoted to the activity:
c. Relative amounts of sales from each activity-
d. 111 e customer type for each activity.
e. The relative num cr of employees in each activi
f. burs of-operation:
g. Building and site arrangement:
h. Vehicles used with the activity;
i. The relative tiumber ofnumb vehicle tris t d by the acti i
J• & L&
k. How the use advertises itself, and
1. Whether the activitc,�Yould be likely to be found inde endent of the other activities
on the site.
B. Developments with multiple primary uses. When all of the primary uses of a
velopment fall within one use categoM,, then the development is assigned to that use
category. When the primary uses of a development fall within different use cateaones
each primaq use is classified in the apu licahle category and is subject to the regulations
for that category.
C. Accgssoty uses. Acc ss _ ses are allowed by ri ht in conjunction with the use unless
othcm,ise in the reaulations. Also, unless otherwise stated. they ar aDb'ect to the
same rezulations as_the primary,use. Commonaccessory uses are listed as exam les with
the categories.
D. Use of examples. The "Examples" subseetian of each use catego provides a_list of
exam les of uses that are included in the use category. The names of uses on the lists are
eneric. Thai are based on the common meanie of the terms and not on u=ha a s ecific
ige may call itself. For example, a use whose business name is "Wholesale Liquidation"
but that sells mosdy to consLimers, would be included in the Sales Oriented Retail
category rather than the Wholesale Sales cate2onv. This is because the actual activi on
the site matches the description of Sales Oriented-Retail.
18.130.025 Category Titles
The names of the jase cate oris start with capital letters throw hour this title.
Use Categories Development Code Amendment DCA2010-00004
September 14, 2010 Page 9
Commentary
Changes to TDC 18.130.030 are intended to reinforce the use of use categories, rather than lists of
specific uses. This section is also being moved forward in the chapter, to provide adjacency with
other administrative notes regarding this Use Categories.
Use Classification Development Code Amendment DCA2010-00004
Page 10 September 14, 2010
Code Amendments
18.130.030 U}wed Us,e.s Authorization of Similaf U Omitted and Unanticipj"
Uses .
A. P=ose. It is not possible to contemplate all of the various uses which will be compatible
`z-ithin a zoning district. Therefore, unintentional omissions occur and unanticipated uses
may not be clearly assignable to a use categ_oty. The purpose of these provisions is to
establish a procedure for determining whether certain specific uses would have been
permitted in a zoning district had they been contemplated and whether such unhsted omit
and./or unanticipated uses are compatible with the listed uses.
S. Process. The Director shall render an interpretation, as governed by Chapter 18.340
C. Approval standards. Approval or denial of an unlisted use application by the Director shall
be based on findings that:
1. The use is consistent with the intent and purpose of the applicable zoning district;
2. The use is similar to and of the same general type as the uses Ru tate oriel listed in the
zoning district;
3. The use has similar intensity, density, and off-site impacts as the uses- se tate oriel listed
in the zoning district.,- to be evaluated using the criteria set forth in Subsection
18.130.015.A.2;and
4. The use has similar impacts on the community facilities as the listed uses--use cats es.
Community facilities include streets, schools, libraries, hospitals, parks, police and fire
stations,and water, sanitary sewer and storm drainage systems.
D. Other provisions.
1. The Director shall not authorize an unhsted—r fitted and/ unanticipated use in a zoning
district if the usecater is specifically listed in another zone as either a permitted use,
restricted use, ot a conditional use.
2. The Director shall maintain a list by zoning district of approved unlisted uses and the list
shall have the same effect as an amendment to the use provisions of the applicable zone.
Use Categories Development Code Amendment DCA2010-00004
September 14, 2010 Page 11
Commentary
As discussed above, the recommendation reduces the number of subsections by expanding the
number of sections from three to nine. Uses are also being reorganized into alphabetical order.
The purpose is to ease navigation and reduce the length and complexity of citations.
On the opposite page, Residential Use Types moves from being a subsection (18.130.020.A) to a
full section (18.130.040). In addition, Group living has been reordered ahead of Household Living
for the purposes of alphabetizing the Section. Substantive changes to Group Living are limited to
the addition of more detail regarding accessory uses. Otherwise the new language and
reformatting are intended to add clarity,
Use Classification Development Code Amendment DCA2010-00004
Page 12 September 14, 2010
Code Amendments
18.130.020 Listing of Use Gatege6es
one pefseta r-esidiftg an the site who -I'- f4- sttpeiv4sifT, managing,tRogit
.
,
Does ftef ifteltide deteftfieft and post detentieft &eilities (see 18,130.920
.,
€ ties:
18.130.040 Resi ntial LIsc T, _ems
A. Group Livin
1. Characteristics: Group LivinIZ is a hvinf2cifiry £or ro of unrelated individuals which
includes at least oac person iding o the site who is responsible for supervising
manag na, monitoring, and/or providing care_ training_ or treatment of residents Large
Uoup living facilities may-also be characterized by facilities for ea 'ng hkgiene_
and/or recreation.
2. Aggessoxy Uses: Accessory uses commonly found are recreational facilities and parkin
g.
3. Examples: Examples include dormitories; communes; fratf milies and sororities:
monasteries nd convents; n and convolesce.al homes; so e s u homes for, the
physically and c talls led; andsome r residential ams for drug and al hol
treatment.
4. Exception
a. Does not include lodving m i the clefinition of Tran iti n 1 Housing, Detention
Facilities, and/or Commercial L
b. Does not include lodong where the residents meet the d finition of Household, and
where tenancy is arra ed on a month-to-month basis_ or for a lop er period, which
is cla si zed as Household Livings
Use Categories Development Code Amendment DCA2010-00004
September 14, 2010 Page 13
Commentary
Substantive changes to the Household Living use categories are limited to the addition of more
detail regarding accessory uses. No change is being proposed to what constitutes a household or
dwelling unit, which are defined in the definitions chapter under sections 18.120.030.A.96 and
18.120.030.A.75. Otherwise the new, language and reformatting are intended to add clarity.
Use Classification Development Code Amendment DCA2010-00004
Page 14 September 14, 2010
Code Amendments
----es fE)f sma4l gizettps (households) of people who are relate
ftfid hygiene. Tenaftcy it3 laftgei� than one month. Ineludes fne5t types ef sefli&r ,
B. Household Living
1. Characteristics: Household Living is characterized by the_m-ddential occu anc af_
dwelling unit by a household. Tenancy,-is arranged on a month-to-month basis_ or for a
longer period Uses where tenancy maybe arranged for a shorter period are not
considered residential They are considered to be a form of commercial lodgg
transitional housing Apartment complexes that have accessory services such a-a food
service_ dining rooms_ and housekeeping are included as Household Living if tenancy
meets length of stay requirements and and residents have access to facilities for
individual meal preparation. The maximum number of people who may�eside in any
ivf,n d=llinR unit shall be determined by the State Building Code.
2. Accesswj� Uses: Accessory uses commonly found are recreational activities_ keeping of
normal household pets, hobbies, and patkin2 of the occupants' vehicles. Home
occupation and accesson, dwelling units are examl2les of accessorv�at are subject
to additional regulaatti2ns_
3. Exam les: Uses include living in houses- duplexes, apartments, condominiums
retirement center apartments manufactured housing, and other structures with
contained dwelling units Includes most types-of senior housing, e.g., congregate care
assisted living,if residents live in self-contained units.
4. Exceptions:
a. Does not include for-profiling.where -tenancy mac, be art ang dmf r periods
less than one month. Such uses are considered a hotel or motel use and are
classified as commercial lodgj ig_
b. Does not include lo&ina meeting the definition of Transitional Housing_.
Use Categories Development Code Amendment DCA2010-00004
September 14, 2010 Page 15
Commentary
Substantive changes to Transitional Living are limited to the addition of more detail regarding
accessory uses. Otherwise the new language and reformatting are intended to add clarity.
On September 14, 2010 Council directed staff to modify the characteristics section of
transitional housing to allow for a 45 day maximum tenancy, rather than the existing one-month
time limit. This change would allow for a more realistic time frame for the users and operators
of transitional housing who often need more than 30 days to process and find permanent
housing arrangements. However, the new time Limit would not change the underlying
characteristic of transitional housing which is a defined limit on the duration of occupancy.
Commercial lodging uses such as hotels and motels would remain unaffected by this
amendment.
Use Classification Development Code Amendment DCA2010-00004
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Code Amendments
a .,
and Eletefition ftfid post detentioft f-ftedities (see 48.430.020 E.3., Detefttioft
�ae�itie�}-
C. Transitional Housinn
1. Characteristics: Transitional housing is characterized as public or non-profit living
facilities ossess' the same chara ristics as Household or QLQup Lwin bu th
tenancy,less than 45 days.
2. Accessory es: Accessory uses commonly found are recreational facilities,p=a1king Qf
autos for the occlwants and staff and parkingf vehicles f the f ili .
3. ExamVICS7Examples in de hom 1 s sheltigs. wwonjen's/childlren'. shekas,
drug/al o Ql treatment facilities
4. Exceptions:
a. Does not include for- t lod&a where tenancy ma e rtangcd for periodsless
than one rn)nth, ch is considered_a hotel or motel use and is classified as
Commercial Lodp_in
b. Does not includresidential uses meeting the definition of Group Living
c. Does not include residen ' ses where the residents meet the definition o
Household Living
d. Does not includeresidential uses_meeting the definition of Detention Facilities.
Use Categories Development Code Amendment DCA2010-00004
September 14, 2010 Page 17
Commentary
Changes to Basic Utilities includes the addition of new language describing the characteristics of
this category,to better clarify what constitutes as a"basic utility"versus other]rinds of public
infrastructure.
Use Classification Development Code Amendment DCA2010-00004
Page 18 September 14, 2010
Code Amendments
B. Gi-vie
18.130.050 Civic Use Categories
A. Basic Utilities
1. Characteristics: Basic Utilities are uifrastructure services which need to be located in or
ncar where the service is provided. Service may be public or privatelyprovided
2. Accessou Uses: Accessgg uses commonly found are parkin • and control monitoriti�_
data or transmission equipment and shelters.
3. Examples: -Examples include water and sewer systems_ telephone exchanges�r
substations and transit stations.
4. Exceptions:
a. UtilitTOffices where employees or customers_ are en�erall present are classified as
offices.
b. Bus barns are classified as Warehouse/Freight Movement
c. Public or private passageways_Axicluding easements, for the express purVose of
transmitting or transporting electricity_ gas_ oil_ water_ sewage communication si als
or other similar services on a regional level are classified, as Rail Lutes and Utilirn
Corridors.
Use Categories Development Code Amendment DCA2010-00004
September 14, 2010 Page 19
Commentary
The description of Colleges has been expanded beyond the phrase"institutions of higher learning"
to provide greater clarity regarding the expected characteristics and examples for this land use
category. For profit trade and vocational schools are still excluded from this category.
On July 19, 2010 the Planning Commission voted to combine the language in section G.1 0£Page
31 into one long sentence through the insertion of a comma and the words "and are." This was
done to correct a grammatical error, and not to change the intent or effect of the language. For
similar reasons,the language of section B.1 is being combined into one long sentence, through the
insertion of a comma and the word"and".
Use Classification Development Code Amendment DCA2010-00004
Page 20 September 14, 2010
Code Amendments
2. Gol4egeg
.,
_ . ollege�
1. Characteristics: Colleges are institutions of higher education leading to a aeneral or
sspeciahzed degree. They are certified by the State_Board of Higher Education or by a
recogl».ed accrediting agency, and tend to be in a_ campus like settings on multiple
blocks,with or without domnitories.
2. Accesso T : Accessotyuses commonly found include offices houshng for
food senTice, laboratories, health and sports facilities„ theaters_ meeting areas,yarkengi
maintenance facilities, and supporting commercial facilities.
3. Examples: Examples include universities_ liberal arts colleges, community col_leg,es,
urseng and medical schools not accessonr to a hospital, and seminaries.
4. Exceptions:
a. Doe* not include private. Lor-profit trade and vocational schools which are
considered Personal Services.
b. Does not en Iude 12ubbc and privateschools at the primaM elem n middle
junior high_or high school_lev_e_l_that_provede state mandated basic educa Don.
Use Categories Development Code Amendment DCA2010-00004
September 14,2010 Page 21
Commentary
The description for Community Recreation has been expanded to provide greater clarity regarding
the characteristics of this category. Examples remain the same.
Use Classification Development Code Amendment DCA2010-00004
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Code Amendments
C. Cormnunitz Recreation
1. Characteristics: Community Recreation uses are public or non-profit recreational social
-2Luid.multi-Purpose facilities of an indoor and(or outdoor nature.
2. Accessozy Uses: Accessory uses coMznonly found are paw offices athletic facilities
clubhouses, picnic shelters, maintenance facilities_ and concessions.
3. Examples: Examples include community centers- senior centers_ indoor and outdoor
tcnnisZracqudbA and soccer clubs, indoor/outdoor swimmin pools arks- la rounds
picnic areas and Golf courses,
4. Exceptions:
a. Does not include uses meeting the definition Qf Cultural Institutions
b. D-Qes not include for-profit commercial recreational facilities which are considered
Entertainment-Oriented Commercial Uses
Use Categories Development Code Amendment DCA2010-00004
September 14,2010 Page 23
Commentary
The description for Cultural Institutions has been expanded to provide greater clarity regarding the
characteristics of this category. Accessory uses and examples remain the same.
Use Classification Development Code Amendment DCA2010-00004
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Code Amendments
D. Cultural Institutions
1. Characteristics: Cultural Institutions are uses of apublic or f on-profit nature which
nae in the cultural intellectual. historical. i fic, or artistic enrichment of the
ublic. -------..-
2. AcceS Tses: Accesson., uses common—h-7 found are parking, ft shops, kst re
limited food and beverage services and classrooms
3. Examples: Examples include libraries,museums, and yalleries.
4. Exceptions:
a. Does not include uses meej i the definition of Schools or C'oIle�es.
b. Does not include uses meeting the definition of Community Recreation
c. Does not in"I de—for--profit commercial recreational facilities which are.considered
Entertainment-Oriented Commercial.
Use Categories Development Code Amendment DCA2010-00004
September 14, 2010 Page 25
Commentary
The Day Care use category has been compressed from four discrete types into one broad category.
This was done as the four subtypes do not correspond with how they are regulated in Use Tables
18.510.1 and 18.520.1. Both tables contain notes that state "In-home dare care which meets all
state requirements permitted by right; freestanding day care centers which meet all state
requirements permitted conditionally." Because the state may choose to amend hour it regulates
day cares, the proposed language only includes the phrase "in a facility meeting all state
requirements" in order to avoid the necessity of updating the City's codes should the state amend
its regulations.
Use Classification Development Code Amendment DCA2010-00004
Page 26 September 14, 2010
Code Amendments
5. Dffy As defined by Oregon State Stat-dte!
a. FarrAlyDay Cfti-e! Pt-ai.4siee of dayfat! ehi4di- with or withow
eamp asation, in the xffie a arc E&re. for- a-vfewer-
eltg4efi
Petr aft day�sftftd-d thehe eheelis net in session.-aeh-eh'reft
el-Adreft imay b
the eategivej!, with or *"ett. oft, foi! :7 42 eWdreti. it is subject to
.
E. Day Care
1. Characteristics-_Day Care is the provision of regular child—care, with or without
comt�ensation, to four or more children by a petson or person(s) who are not the child's
parent guatdian, or person actin6 in place of the parent, in a facilitmeeting all_state
reguitements.
2. Accessory Uses:accessory uses commonly.found are offices plan areas and�arking
3. Examples: Examples include nursery schools_ before-and-after school care facilities, and
child development centers.
4. Excepdons:
a. Does not include care given by the parents_ guuardians_ or relatives of the chldr�n
or by babysitters.
Use Categories Development Code Amendment DCA2010-00004
September 14, 2010 Page 27
Commentary
Similar to the Basic Utilities section, the Emergency Services category includes expanded language
to clarity the intent of this use category. Examples remain the same.
Use Classification Development Code Amendment DCA2010-00004
Page 28 September 14, 2010
Code Amendments
f
F. EmergencServices
I. Charact ris 'c : Emergmcy Servic-es, are public safety facilities nemssary for the
protection of He and propel
2. Accesso -Uses: AccessQU uses may includc ofices; meeting areas; k' • fo
Qd
preparation areas. transmission eq. . rnent: and temporary holding cells w_ithin a olice
station.
I Examples: myles include Police and fire station emugmcy cqmmunimtious, and
ambulance services.
4. Exceptions:
a. Does not include uses meeting the definitiousof Detention Facilities.
b. Does not include uses meeting the definition of Medical Centers.
Use Categories Development Code Amendment DCA2010-00004
September 14, 2010 Page 29
Commentary
The Medical Centers category retains substantially the same language describing its characteristics,
accessory uses, examples and exceptions but formatted to fit the new structure. The one main
addition is the inclusion of an exception to make clear that emergency services are not part of this
category.
On July 19, 2010 the Planning Commission voted to combine the language in section G.1 into one
long sentence through the insertion of a comma and the words "and are." This,�xras done to
correct a grammatical error,and not to change the intent or effect of the language.
Use Classification Development Code Amendment DCA2010-00004
Page 30 September 14, 2010
Code Amendments
laboratories,y __ setting. Aeeessary
;
.
G. Medical Centers
1. Ch r teristics: Medical Centers are facilities rovidininpatient, outpatient- d
umeen_, c�and.related ancillary services to the sick and infirm, and are usually= developed
in mus setting r on multiple blocks.
2. Accessory Uses: AccessotyT uses may include diagnostic and treatment fac'li 'es.
laboratorie& surgical suites._ kitchen/food service facilities; laundry, housekeeping an
-maintenance facilities; admuu tr tive offices andparking.
3. Exam les:Examples include hospitals and medical com loxes that include ho i als.
4. Exceptions:
a. Medical Centers may also include free-standing offices for hospital-based and/or
priKate-ptactice phl7sicians and other allied health care ntofession ls; these_ cal
office buil s are re u das Office
b. Does not include uses meetin the d fini 'on of Em en Servi
Use Categories Development Code Amendment DCA2010-00004
September 14, 2010 Page 31
Commentary
The Postal Service category retains substantially the same language, but reformatted for the new
subcategories.
Religions Institutions maintains substantially the same language,but expanded to include examples
from various religions. Daycare is included as an accessory use to Religious Institutions,
formalizing a Director's Interpretation issued on January 28,2010.
Use Classification Development Code Amendment DCA2010-00004
Page 32 September 14, 2010
Code Amendments
S. Postal S< di
.
H. Postal Service
1. Characteristics: Postal Service includes tter periodical and package dchvery services
traditionall operated by die United States Postal Service and for-profit entities such,as
United Parcel Service and Federal-Express Such facilities t icall uiclude customer
aales, sortinI4 facilities,—and-&ei truck loadin n stora e.
2. Accessorys: Accessoa, uses commonk found are offices parking. andst ra
facilities.
3. Examples: Examples include U.S. Post-Offices and parcel package distribution centers.
, ,
I. Religious Institutions
1. Characteristics: RchLZions Institutions provide m e ' ace that is primarilyfor
religious.,wow
2. Accessory Uses: Accessory uses mai inrlude offices. classrooms- daycarc, s
parking,g�oci 1
ham, A.ecreadonaj activities.
3. Examples: Examnles_include churchcsttemples sviiag�gues and mosclues.
Use Categories Development Code Amendment DCA2010-00004
September 14,2010 Page 33
Commentary
The Schools category has been expanded to provide greater clarit5y on the purpose of this use
category,in contrast to other types of education such as universities and vocational schools.
Social/Fraternal Clubs/Lodges retains the same descriptive language,but has been expanded to
include accessory uses and examples of allowed uses.
Use Classification Development Code Amendment DCA2010-00004
Page 34 September 14, 2010
Code Amendments
z4 n Sehoels.:
, rov�s
Schools
1. Characteristics: Schools include public and private schools at the rimaj�r, elemen ary
middle junior hi h or high-school level that provide state-mandated basic education.
2. Accessonz Uses: Accessoa uses may include-a6v areas_ cafeterias, recreational and sports
facili ' s thletic fields, uditoriums re-and-after- c 1 daycare.
3. Examples: Examples include public and private daytime schools
4. Exceptions:
a. Does not include preschools-which are classified as Da re uses.
b. Does_not include private.profit-making trade and vocational schools which are
considered Personal Services.
c. Does not include uses meeting the definition of Colleges.
_24 fiditetioit8 and aefivities.K. Social/F=,--mal Chubs/Lodes
1. Characteristics: Social/Fraternal Clubs/Lodges are non-profit organizations with,social_
philanthropic. and Zor recreational functions and-activities.
2. Accessory Uses: Accessory uses commonly found are offices au itorium, VarkinIz, and
limited food and beverage slice.
3. Exa=les: Exa=Ies include Veterans of Fotei2-u Wars posts Elks Lodges, and Masonic
Temples.
Use Categories Development Code Amendment DCA2010-00004
September 14, 2010 Page 35
Commentary
Adult Entertainment remains substantially the same, but reformatted into the new subcategories.
Adult video stores are not included as examples because they are defined as an adult bookstore in
the definitions chapter (TDC 18.120.030.A.8).
Animal Related Commercial remains substantially the same,but with greater clarification on how
this category is distinguished from other use categories. Poultry and livestock are being clarified as
an agricultural use, as stated in the exceptions. This exception is based upon an existing note
under the residential use table (TDC Table 18.510.1, note "6"} that links the two, staring"%1hen
an agricultural use is adjacent to a residential use, no poultry or livestock, other than normal
household pets,may be housed or provided use of a fenced run within 100 feet of any nearby
residence except a dwelling on the same lot." Similarly, a single dwelling unit for an on-site
caretaker or the owner/operator and their family has been added as an accessory use, consistent
with existing note "6" of TDC Table 18.530.1.
Use Classification Development Code Amendment DCA2010-00004
Page 36 September 14, 2010
Code Amendments
Ganffnereial use "es..
18.130.060 Commercial Use Categories
A. Adult Entertainment
1. Characteristics: Adult Entertainment includes uses characterized or distin uished by an
e hasis on matters depictiniz specified sexual activities or na omical areas
2. Accesso9-ca,• AccessQgy uses commonly found include parkina,
3. Examples: Exam les include adult motion picture theaters, ..adult book
-,tQres, an
to 1 ss bottomless, and nude taverns and dance halls.
. ,
11
.,
B. Auimal-related Animal-relatedCommercial
1. Characteristics: Animal-Related uses are those engaged in breeding_ and/or boardin- 4 of
normal household pets. Limited animal sales >nay or may he part of the use.
2. AccessQry Uses. Accossog, uses commonlyfound include parkina, ffic ace and
-torav,e space.
3. Exam le : Examples inelude animal breeders, kennels_ orrerni ht boarding ihties- and
a sinde dwelling unit lusivel o ied by an on-site caretaker or the kennel
owner/operator and family.
4. Exceptions:
a. Facilities wherprimary activi. is animal sales shall be considered Sales-
Oriente Retail.
b. Does- not include animal grooming,. which is considered Personal Services or
Repair-Oriented Retail
c. Does not incLude veterinary clinics,xch are considered Office.
d. Does not apply to poulm, or livestock which are considered an
Agdgjlture/Horticulture Use.
Use Categories Development Code.Amendment DCA2010-00004
September 14, 2010 Page 37
Commentary
Bulk Sales retains substantially the same language,just reformatted.
Commercial Lodging retains substantially the same language, but reformatted to fit the new
subsections.
Use Classification Development Code Amendment DCA2010-00004
Page 38 September 14, 2010
Code Amendments
-
'. BtJk ,Al
C13tilk sales
1. a e6 s: Establishments en2am in the sales leash rental of jLuj4y itetns
e uirin2 extensive interior space for display.
2. Acces o u. ccesso uses commonly found include parkinjz, offices ace_ a d
storage space.
3. E le : Examples include furniture. lar e appliances, and home i=rovement.
4. Exceptions:
a. Does not include uses meeting the definition of Outdoor Sales
b. Does not include Motor VehicleSales/Rental.
bed aiad breakfast establish±neftts whete fenaney is typieally less than orke month. May
D. Commercial Lodging
1. Characteristics: Commercial_Lo&g-i ; includes for-VrQfit residential facilities where
tenancy is typically less than one month.
2. Accessory Uses: Accessou uses cQmmonly found are parkinjz, restaurants an rs
meeting and--convention facilities. and recreational facilities for guests such as pools and
3. Examples: F,xa=les include hotela_ motels_ rooxniiiV houses, and bed-and-breakf st
establishments.
4. Exceptions:
a. Q-oes not include uses meeting the definition of Group Living or Transitional
Use Categories Development Code Amendment DCA2010-00004
September 14,2010 Page 39
Commentary
This land use category was introduced into the Tigard Development Code under Ordinance 10-2
which, amongst other things,established the Tigard Downtown District Development and Design
Standards. In that amendment Custom Arts and Crafts was established in Table 18.520.1, and in
the definitions chapter (TDC 18.120.030.A.61),but not in the Use Classifications Chapter (TDC
18.130) which is the repository of land use descriptions. The recommendation amendment here
fills this gap.
Use Classification Development Code Amendment DCA2010-00004
Page 40 September 14, 2010
Cade Amendments
E. Custom Arts and Crafts
1. Characteristics: Establishments ngagei the on-site manufacture and sale of crafts,
r sculpture-no tte tained glass, musical instruments and s' items rode
without the use of a mechanized assembly line or large-scale machinery. Typically
business is operated by an artist or craftsperson who may or may not be supported by a
small number of assistants.
2. Accessory Uses: Acccssgg uses covnnlonl, found clude sho--3.ytooms, sales facilities,
pailing, office space, storage space and tem ora orctiv' ' subject to fur
regu�l tion under_1$.785.
3. Examples: Examples include artisans and artists procuding ars and crafts from
materials such as wood glass, fabric. fiber, and painted images on canvas or other
portable materials.
4. Exceptions:
a. Does not include ses where customers come to paint or assemble their own
craft or artwork, Such uses are considered Sales-Orient d-Retail
Use Categories Development Code Amendment DCA2010-00004
September 14, 2010 Page 41
Commentary
Eating and Drinking Establishments remains substantially the same, but with the addition of
accessory uses and an exception to clarify this category from grocery and convenience stores.
Both Outdoor and Indoor entertainment categories remain substantially the same regarding the
characteristics and examples of each use,with accessory uses and exceptions introduced for greater
clarity.
Use Classification Development Code Amendment DCA2010-00004
Page 42 September 14,2010
Code Amendments
,
F. Fa ng and Drinking Establishments
I. Characteristics: Eating and Drinking; Establishments are ch racterized_ by the sale of
prepared food and beverages for consumption on-site or take-away.
2. ;accessory Uses: Accessory uses commonly, found are parking and outdoor seati�lg areas.
3. Examples: Examples include restaurants delicatessens retail bakeries, taverns_ brew-
p b� stand espresso bars.
4. Exceptions:
a. Does not include grocery stores and convenience stores which are classified as
Sales-Oriented General Retail.
e. indeeiz Eftcer-tft4ttitew! ro.-.-.._ e-ei ft rode.. r edit:, e i i � is i
U VAIAAAA4A41U1 11AUV Vl L0.l.lAlill.J }
} ] , ]
bawhng
aBeys7 ] .
G. Indoor Entertainment
1. Characteristics: Indoor entertainment consists of for-profit_ facilities providing active
r eational uses of a primarily indQor nature.
2. Accessory Uses: Accessory uses commonly found include Darkinng offices hm_ited retail,
and concessions.
3. Examples: Examples include health/fitness clubs_ tennis_ racquetball and soccer centers,
recreational centers, skating rinks. bow__ling alleys, arcades_ shoodnz _ranges_ and movie
theaters.
4. r s:
a. Does not include uses meeting the definition of Community Recreation or Cultural
Institutions.
Use Categories Development Code Amendment DCA2010-00004
September 14, 2010 Page 43
Commentary
The TDC presently separates multiple entertainment-oriented uses into multiple sub-categories,
but does not regulate them as a broader category. This can be confusing when the primary
functional difference between an entertainment-oriented category and a civic category is only a
matter of ownership and organizational status (for-profit versus public/non-profit), not of actual
land use activity. As a result it is proposed that the Entertainment Oriented Category be omitted
and the land use categories be individually numbered.
The characteristics and examples of Major Event Entertainment is proposed to remain
substantially the same,with accessory uses and exceptions introduced to provide greater clarity.
Use Classification Development Code Amendment DCA2010-00004
Page 44 September 14, 2010
Code Amendments
3. Entertiti,�, ew nr ftte
ft. Majai: Event ei�es sueh as auditer-iums, stadiat s,f=ew
H. Mai or_Event Entertaimn-ent
1. Charas e ' ics: Major Event Entertainment facilities are useri characterized br-activities
and__structures that draw lame numbers of people to specific events_or shows. Activities
are zenually of a spectator nature
2. Accessory Uses: Accessory uses commonly found include parl6rig, maintenance facilities_
-aad concessions.
I F=Ies: Examples include auditoriums stadiums convention cen Prs and race tacks
4. Exceptions:
a. aojag not include uses meeting the dtfinition of Cultural In wtiow.
b. Does not include movie theaters orj2lavhouses which are considered _Indoor
Entertainment.
Use Categories Development Code Amendment DCA2010-00004
September 14, 2010 Page 45
Commentary
Motor Vehicle Sales/Rental remains substantially the same,but reformatted and clarified.
Motor Vehicle Sen-icing/Repair remains substantially the same,just reformatted and clarified.
Use Classification Development Code Amendment DCA2010-00004
Page 46 September 14, 2010
Code Amendments
5_. n�r_ . tei X 7..1.iele Related
J
a. Motor Vehiele Sale4Rental: ineludes eftt-5, light and heavy wueks, mobile henle,boat,
as 1i0...I- e •ela ,.ale ..1 and(41111 1LL140.LLV , r }
I. Motor Vehicle Sales/Rental
1. Characteristics: Motor Vehicle-Sales/Rental includes land uses involved in the sal
lease, and/p-t.rental of c m for liht and hem; trucks, rnobilf homes, boats
and recreational vehicles.
2. AccessorS, Uses: Accessory uses commonly found include parking. auto repair and
maintenance facilities, office space and storage space.
3. Examples: Examples include auto_dealerships_ used car lots, and car rental facilities
1. Motor Vehicle ServicinjZ/Repair
1. Chavacteristics: Motor Vehicle Serving/RepairServing/Repair include frees a di-na vehicle , rvi ' g
and repair establishments not accessQry to new vehicle sales.
2. Accessory Uses: Accessory uses commo>rl T f n include parkinLZ, office s ace a
Storage ace.
3. Exam les: Exa=Ics incIudL=g=qncraI service stations, quick oil-chan2efacilitie
washes, and_bodv shops.
e. T7,.1.iele Fuel Sale.. Estab4iqhmeTcircY2e sale-6gasoline, dieselfitel afrcrc�a
pLVUl.4L LO 1V1 L0.1 J, LCas,t
Use Categories Development Code Amendment DCA2010-00004
September 14, 2010 Page 47
Commentary
Non-Accessory Parking remain substantially the same, just reformatted.
Use Classification Development Code Amendment DCA2010-00004
Page 48 September 14, 2010
Code Amendments
7. Non-Accessory Parke , eithei! paid or firee, v4iieh is not an
—-5. May,also–illielude ftee staft ing fleet-,,ehiele pafldng!at.
K. Non-Accessory Parkin
1. Characteristics: Non-Accessoa Parking is any public o_r_private parking which is nQt
acce5soa tQ a primary use. A fee may or may not be charged. A facility that provides
both accessoa, parkingaccessfor a specific use and re ular fee Harkin for e le not
connected o the s s also classified as Non-AcgBasory Parkin
2. Accessory Uses: Accessory uses commonly found are a ticket booth to collect fees and
house securira personnel.
3. les: Examples incl do ubhc and private structures and surface parldng los free-
standing fleet vehicle parkincommercial district shared arkjng lots_ and transit park-
and-ride lots.
4. xce ti ns
a. Pring facilities accessori to_a use. but which chafe the public to Park for
occasional events nearby.are not considered Commercial Parkjnjz Iiaciliti s. -
Use Categories Development Code Amendment DCA2010-00004
September 14, 2010 Page 49
Commentary
The Office categoiy remains substantially the same,but with one clarification in the characteristics
sub-category that distinguishes medical offices from other types of offices. This distinction is
important as Table 18.765.2 (Minimum and Maximum Required Off-Street Vehicle and Bicycle
Parking Requirements) already distinguishes between these two types of office space.
Use Classification Development Code Amendment DCA2010-00004
Page 50 September 14, 2010
Code Amendments
6. Office!
stftte andied fems--offieesand ageneies medical,, dental andvetctie
labofttai4es> > , atehiteets, ,
> stoekbrakets, ,
eoftsultanv33 esales offiees;
0
L. Office
1. Characteristics: Office uses are characterized by activities-conducted in an office setting
that focus on the provision of goods and services, usuallylLprofessionals. Traditional
Office uses are characteri,-ed by activities that ene all focus Qn less government,
nrofcssional_medical_ or financial services. Office uses may m' clude activities that, while
conducted in an office-like setting, are less consumer-oriented and focus on the support
of off-site service personnel or in the development_ testing, idroduction processings
:Packaging. or assembly of goods and products. Medical_ dental, veterinaa offices are
out-patient clinics which provide healthcare to humans or animals_ characterized by a
pxofessional or group of professionals assisted by support staff.
2. Accesso Uses: Accessory uses commonly found are parking and storage facilities.
3. Examples: Examples include government offices; medical, dental, and veterinary clinics
and laboratories; blood collection centers; professional offices for attorneys, architects_
ine r . stockbrokers. insurance brokers, and other consultants; head uarter office
sales offices; radio and television studios; administrative offices for _painting_ bu'1 ding,
and landscaping contractors; and software development firms.
4. Exceptions:
a. Offices that are part of and are located within a firm in another use cate or,F are
considered accessory to the firm's primary activity.
b. Contractors and others who perform services off-site are included in the Office
category=if eauinment and materials are incidental to the office use and their
storage does not constitute 5 /o or more of occupies ace. otherwise theme
considered as Industrial Services.
Use Categories Development Code Amendment DCA2010-00004
September 14, 2010 Page 51
Commentary
Both Outdoor and Indoor entertainment categories remain substantially the same regarding the
characteristics and examples of each use,with accessory uses and exceptions introduced for greater
clarity.
Use Classification Development Code.amendment DCA2010-00004
Page 52 September 14, 2010
Code Amendments
.
M. Outdoor Entertainment
1. Characteristics: Outdoor entertainment consists of for- rofit facilities 12.rovidingacti�
L=tafional uses primarily in an out-of-doors sett' .
2. Accessory s s: Accessory u es comm nl and incjqd=c=parking, offices, cl ous
and concessions.
3. Examples: Ex es include outdoor tennis clubs, jZolf courses, and shoi)Zranges.
4. Exceptions:
a. Does not include uses meeting the definition of Commu niity Recreation
Use Categories Development Code Amendment DCA2010-00004
September 14, 2010 Page 53
Commentary
Outdoor Sales remains substantially the same in characteristics and examples, but receives
expanded language regarding exceptions to this category. The intent of this use category is not to
include truly temporary activities that occur for a limited period of time, such as Christmas tree
lots or seasonal markets,which are better regulated in TDC 18.785.
Use Classification Development Code Amendment DCA2010-00004
Page 54 September 14, 2010
Code Amendments
L.
r,, td saless whieh engage in
�J
uuu�vi J1v10.�,4 ii144LCIIJ:
N. Outdoor Sales
1. C haracteris tics: Outdoor Sales are.-sales-orie-ted establishments reQ iring_extensive
outdoor or only, pattially-enclosed display and/or storage. These uses may be re
�Yholesale, or a combinadonof the
2. c sso : Accessm usescommonly found elude parking and ofEce wic
I E am les: Exgm—ples include lumber.yards and 121ant nurseries.
4. sxce ti n :
a. not in 1 de fot r-V hicle Sales/Rental and Vehicle Fuel
b. Dees not include outdoor dining areas for Eating and Drinking establishments
c. Does not include incidental and tem ox : ou door activities such as Christmas
ttee lots `sidewalk sales'_ and seasonal matkets which may be subiect to additional
regulation under 18.785
d. Does not include limited outdoor or partially-enclosed display and/or storage areas
that are clearly incidental and accessor%to'retail uses selling_hardware and..home
j=rovement sullies.
Use Categories Development Code Amendment DCA2010-00004
September 14, 2010 Page 55
Commentary
Personal Services and Repair Oriented Retail remain substantially the same with one significant
clarification that results in the moving of a few example businesses types. Personal Services is
being clarified as providing consumer services in a manner necessitating one visit per transaction.
In contrast, repair-oriented retail is being clarified to provide consumer services that typically
require two visits per transaction (drop-off & pick-up). As a result, the following business
examples axe being moved from Personal Services to Repair-Oriented Retail: dry cleaners, quick
printing, doggy-day care and drop-off pet grooming facilities.
Use Classification Development Code Amendment DCA2010-00004
Page 56 September 14, 2010
Code Amendments
]-tea a l Setviees Rs twluhs-6n n`s W_t a provide serviees e bank.
w iu 11 {,/�V\AU4 4VA1J l.[1
and et-edif
] bafbef and be" L shops; pet f latiftd-rafftats and dry
eleattersS epy ) ) )
fti
rt
T
O. Personal Services
1. Characteristics: Personal Services are establishments which are oriented towards the
provision of consumer services in a manner typically necessitating no more than one
�:onsurner visit per service transaction_
2. Aeressory Uses: Accessory uses commonly found include parking, officesl2ace, and
storage space.
3. Examples: Examples include banks/credit unions, barber/beauty shores, self-serve pet
grooming, laundromats, copy centers_ photo grap hic studios, r de/vocational schools_
mortuaries—and beverage container redemption centers
4. Exceptions:
a. Does not include Office Uses.
b. Does not include Repair-Oriented Retail Uses
c. Does not include Motor_Vehicic Servicing/Repair and Vehicle Fuel
c. Repair otietated! E..tablis .iii is �whiek i i.. rc a b
i+J Lrw-LruJ11111Li1 Llig a.g% i [yA4 ALjJ�
radios;geeds ifteluding television and
) ] WeLty) ]
and Offiee ] tailOfs and seamstresses; shoe f
leehsfftith aft
upholsfer-ei,
P. pair-Oriented Retail
1. Characteristics: Repair-Oriented Retail are estabslishments_12rQviding product re air of
consumer and business goods, d other consumer services that toically necessitate talo
or more consumer visits per service transaction
2. _Accessory Uses: Accessory uses comrnQnjy found include parkin, office space_
workshop space, and storage.
3. Examples: Examples include televisions and radios, bicycles, Clocks, jewelry. wins, small
appliances, office equipment_ tailors and seamstresses, shoe repair, locksmiths_
u_ h 1 r crs. phow and laundry dro -off dg—cleaners, quick rin i dro -off et
grooming aid doggy dUcare.
4. Exceptions:
a. Dees not include Motor-Vehicle Servicing/Repair.
Use Categories Development Code Amendment DCA2010-00004
September 14,2010 Page 57
Commentary
Like entertainment oriented uses, the General Retail Category and its subcategories does not
appear to serve a functional use. As a result the categories are being renumbered as distinct use
categories rather than as a set of"General Retail" categories.
Sales-Oriented Retail remains substantially the same, only reformatted. In recognition of
temporary and seasonal land uses that can occur in places like parking lots (i.e. Christmas Tree
Lots), temporary activities regulated by TDC 18.785 are included as an accessory use.
Use Classification Development Code Amendment DCA2010-00004
Page 58 September 14, 2010
Code Amendments
4 G..._.,..__, R_t_eeftsuffter:,
> horne ;
> ; ;
jeweh-
> > > >
those sold pi4na*aufdoe�-s �ee 4 8.130,020 G4.e, Outdoor Saks�.
Q. Sales-Oriented Retail
1. CharacteristiCS7 Sales-Oriented Retail firms are involved in the sale_ leasin , and rental of
new or used Products to the general public.
2. Agggssoq, Uses: Accessory uses commonNnd include parking, office space, stQjLve
Space and temnorary outdoor activities subject to =ulation in MC 16-785,
3. Exam les: Examples include art art lies bicycles, clothing, d ods el ctromcs
brie ifs V_roceries, hardware, h us product-,,, jewelLy, pets and net-ntoducts,
pharmaceuticals, Plants_ rimed materials stationa T and print-cd and electronic media.
4. E cep Utions:
a. Does not include uses mecting meetingthe definition of Bulk Sales
b. Does riot include uses meetine definition of Outdoor Saps.
c. Does not include Motor-V Sale R ntal and Vehicle Fuel.
Use Categories Development Code Amendment DCA2010-00004
September 14, 2010 Page 59
Commentaq
Use Classification Development Code Amendment DCA2010-00004
Page 60 September 14, 2010
Code Amendments
W) individual ster-age or where employees are prtffiat-y movets of the goads to
stored (see 19.430,020 E).5,Wafehottse/Fj!eigh�N!Ewefnee�.
R. Self-Service Storage
1. Characteristics: ereial operations which rovide rental of storage sl2ace to
individuals or busineuses. The storage areas are dcsigned to allow
ritate access by the
tenant for stonnV or removil ersonal yropem,.
2. Accessory Uses: AccessQa uses commonly found include parkina, office space and a
welling unit for a residential caretaker.
3. Examples: am le include i le-stn nd wuW--stor facilities that rovidc.i-riclividual
_storage areas for rent, often called miniwarehouses or self-storage facilities and the
,storage of boats and recreational vehicles.
4. FxceDtirnls:
a. Does not include moving and storage companies where there is no individual
storaL,e or where em 1 ces are primatV movers of the goods to be stored, Such
uses are considered Warehouse/Freight Movement
b. Does not include the tqrage of fleet, ehicle ch is considered nQn-accesLog
parking, e s a e of sales or rental invento w ich is c __side-rgd
NIQtot
Vehicle Sale/Rental.
Use Categories Development Code Amendment DCA2010-00004
September 14, 2010 Page 61
Commentary
Vehicle Fuel Sales remains substantially the same,but with expansive language clarifying that all
types of vehicle fuel and not just petroleum products.
Use Classification Development Code Amendment DCA2010--00004
Page 62 September 14, 2010
Code Amendments
S. Vehicle Fuel Saks-
1.
ales1. Character_i�tics: Vehicle Fuel Sales includes establishments engaging in the sale of
petrolcum and non-petroleum based fuels for cars, motorcycles, ttucks. re_creattonal
vehicles_ and boats.
2. Accesson- Uses: accessory uses commonl�J found include paring office space and
storage space.
3. Examples: Examples include gas stations and elcadcrehicle charjaastations.
Use Categories Development Code Amendment DCA2010-00004
September 14, 2010 Page 63
Commentary
General Industrial remain substantially the same, just reformatted.
Use Classification Development Code Amendment DCA2010-00004
Page 64 September 14, 2010
Code Amendments
18.130.070 Industrial Use Categories
b. Geften! hiuu
;
,
A. General Industrial
1. Charact is ' s: General Industrial includes the manu acturingprocessing and
assembling; of semi-finished or finished products from raw materials. All activities are
contained within buildings with some outside storage of raw materials.
2. Accessory Uses: Accesso -uses commonly include parkin , office, and stora ace.
3. Examples: Examples include food processing; breweries chstUctics and wineries:
production of apparel or textiles; wood-working includitig cabinet makers,production of
emical rubber, leather, cla bone plastic, s nc or olass materi l roduc .
manufacturing and production of large-scale machinery.
4. Exceptions:
a. Does of include uses meeting Custom Arts and Crafts.
b. Does not include the muufacture and production of goods from the_com osting
of organic material,which is considered Waste-Related.
Use Categories Development Code Amendment DCA2010-00004
September 14, 2010 Page 65
Commentary
Heavy Industrial remains substantially the same,just reformatted.
Use Classification Development Code Amendment DCA2010-00004
Page 66 September 14, 2010
Code Amendments
B. l Ieavv Industrial
1. _Cliaracteristic : Heavy avIndustrial includes the manufacturin _ rocessin and ass mbling
fsemi-fiuii d or finished products from raw materials. A suhstanti I portion-of
activities and-storage may be undertakeu outd rs with res I " n i, lare vi ration
�Lnd other VQtentialladverse-impacts.
2. A cesso , ses: Ac u es - include rkin office, toraac, and maintenance
facilities.
3. Examples: Examples include ener T roducti f cilities ncrete b tchin nd asphalt
ng production of metals or metal products includi p; enameling and galvans7uigi
productian Qf cars, trucks, recreational vehicles or mobile home
4. Exceptions:
a. Does not include enera, roduction from the biological decomposirion.of oceanic
matetials, such uses are considered Waste-Related.
Use Categories Development Code Amendment DCA2010-00004
September 14, 2010 Page 67
Commentary
Industrial Services remains substantially the same, just reformatted and addition language to clarify
the intent and characteristics of land uses to be assigned to this category.
Use Classification Development Code Amendment DCA2010-00004
Page 68 September 14, 2010
Code Amendments
1ndust±iftI use
1. fn��ex-viees= �thei:epstit- -and sei=�ieing indti.."i.., ftnd b
> ;
a
C. Industrial Services
1. Characteristics: Industrial Services are uses that repair anslaervice industrial business or
consumer machiner!Z, Lg _ment, productti or by-products Firms that service consumer
goods do so by mainKT providini 4 centralized services for separate retail outlets Includes
contractors, buildin intenance se 'ccs and similar uses, that erform services off-
site. Few customers, especially the Izeneral public come to the site
2. Accessory Uses: Accessor7 uses may include officcs.aarkin storage loading docks_ and
railroad lead and spur lines to allow the loadingand unloadinz_of rail cars
3. Examples: Examples include welding shops; machine shops
repair shoes for tools
cientifi /pro fes si n l instruments, and motors- sales repair, st ra e salvage or wrecking
of heavy machinery, metal and buildina materials; towing and vehicle stora e; auto and
tMa salvage and wreckin ; heavy truck servicing and repair; tire recapping and retreading.
truck stops; building, heating. plumbing or electrical contractors;1,_rin ' g, publishing and
lithopyaphy; ator • janitorial and building maintenance contractors; fuel oil
distributions: solid fuelyards; laund rda--cleaning and carpet cleaning la s: and hoto-
finishinglaboratories.
4. Exceptions.
a. Contractors and others who perform services off-site are included in the Office
catewa if ent and materials storage does n t constitute 50°/0 or more of
o cr upied space and fabrication or similar work is not carried out at the site.
Use Categories Development Code Amendment DCA2010-00004
September 14, 2010 Page 69
Commentary
Light Industrial remains substantially the same,just reformatted.
Use Classification Development Code Amendment DCA2010-00004
Page 70 September 14, 2010
Code Amendments
2. Marmfaet�aii+t and Predue6on
.
D. Light Industrial
1. Characteristic : Light In trial includes the r uc on roc ssinassembhng
packaging, and/or treatment of finished products from previoijs , prepared materials or
components. All activities and storage is contained witliin building
2. Accessory ses: Accessoa uses commQnly include parking, office, and stogagge space.
3. Examples: Examples include the manufacturing and assembly of small.scale machinen_
agpliances, com uters and other electronic equipment; vharmace als• scientific an
usical instruments, art yrork, toys and other precision ood ; si -makin • and cater''1
facilities.
b
4. Exceptions:
a. Does not include uses_meeting the definition of Custom Arts and Crafts
Use Categories Development Code Amendment DCA2010-00004
September 14, 2010 Page 71
Commentary
Railroad Yards remains substantially the same,but reformatted and clarified regarding the intent of
this category.
Use Classification Development Code Amendment DCA2010-00004
Page 72 September 14, 2010
Code Amendments
3.aailfo d Yards! A teftnines E)f several i!ailread liftes where the loading, UrAaftdi±�
..r-a..ssh.x,ffi..nt and switehitig of-rail ears is undeftA-ett.
R.;. Railroad Yards
1. Characteristics. Railroad Yards are areas that contain multiple railroad tracks used for
rail car switching, assembling of and the transshipment of Zoods from_._other
transportation modes to or from trains.
2. Accessory Uses: Accessog, uses may include office�, �-,mployeq facilities, storareas,
and rail car maintenance_and repair facilities
Use Categories Development Code Amendment DCA2010-00004
September 14,2010 Page 73
Commentary
Research and Development remains substantially the same,just reformatted.
Use Classification Development Code Amendment DCA2010-00004
Page 74 September 14, 2010
Code Amendments
F. Research and Deyelonment
1. Characteristics: Research and Development includes facilities featuring a mix of uses
inchading office research laboratories-and proto e m n i .
2. Acces;orn,Uses: Accessory uses may include parking storage and employee facilities.
3. Exceptions:
a. If manufacturin is not present,it is considered an OffLcf us-e.
Use Categories Development Code Amendment DCA2010-00004
September 14, 2010 Page 75
CommentalIT
Warehouse/Freight Movement remains substantially the same, just reformatted and with accessory
uses specified as with all other sections.
Use Classification Development Code Amendment DCA2010-00004
Page 76 September 14, 2010
Code Amendments
5. Wai!ehease*i!ei-ghf Movetnent: Uses iiwolved in the
G. Warehouse / Freight Movement
1. Characteristics: WarehomQjFreiaht Movement includes uses involved in the storage and
tnent o lar e ntities of ma eri s or roducts for themselves or other firms
Goods are genera-Hy dtli
ycred to other firms, for the l c nsumer, e ce t for som
ill-call pickups. May occur doors and/or u oors and usually associ ted with
significant tru k and rail ra :1c. There is little on- i saes a vi - with the custom r
esent.
2. Accessory Liscs: Accesso -, uses may include offices parkin2, fleet truck--parking and
maintena ea stotage, docks, railspur or lead lines, and thq-xcpacka&ig of apods..
_I Examples: Exa=les include free-standing; warehouses as o iated mdth retail furniture or
appli-wice outle • h u old moving and pmeral frei t s ora old s ora
plants/frozen food lockersweapon and ammunition storage; major wholesale distribution
centers; tni k Maline and air freiVht terminals; bus • rain e urinals• and stock ilio
of sand, ravel bark dust or other avgttgate an I-ndscaping terials.
4. Exceptions:
a. Uses that involve the transfer or storage of solid or liquid wastes are classified s
Waste-Related uses.
Use Categories Development Code.Amendment DCA2010-00004
September 14, 2010 Page 77
Commentary
The Waste-Related category remains substantially the same,just reformatted and with additional
language distinguishing this use category from Basic Utilities.
Use Classification Development Code Amendment DCA2010-00004
Page 78 September 14, 2010
Code Amendments
7. w Waste Related!
H. Waste-Related
1. Characteristics: Waste-Related uses ore characterized as uses that receive solid or liquid
xu.stcs from others for disposal onsite or for transfe-K to annDffler locattign, uses that
collect sanitary wastes_ or uses that manufacture or produce odds from the biological
d c m o i 'on of otganic aterial. Waste-Related es al o include used that receive
hazardous y
zastes from_ others and are subject to state re ulation5 xearding hazardous
erste mana ement.
2. Accessoa Uses: Accessory uses mayi_ nclude arking, rt-c, c 1 materials, offices_ and
re ackina and transshipment-of by-products.
3. F amplest Examples include recyclingZgarbage--uansfer stations- landfills: waste
compostipg, n x , r ove T portable sanitary p me sWragt and um 'i and
sewage treatment plants
4. Exceptions:
a. Infrastructure ce t mut located.-Ln or near-the are wherethe ice is
vided in order functi n are considered Bas C
es. xam les in
clude
sewer pie that serve a dev lonment or water re-use fines .and tanks`pumt�
stations and collectioti stations nccessafQt the watex=r -use that serve a
-develoymegLor ins tuti n.
b. l e iisnosal of clean fill, as defined in OAR 340-023-0030is not onsidered a
waste-related use.
Use Categories Development Code Amendment DCA2010-00004
September 14, 2010 page 79
Commentary
Wholesale Sales remains substantially the same, but with additional language clarii ing the
characteristics of this use category.
Use Classification Development Code Amendment DCA2010-00004
Page 80 September 14, 2010
Code Amendments
,
1. Wholesale Sales
1. Characteristics: . Wholesale Sales is characterized by he sale, le asiin or rental of
equipment or products .priinarily intended for industrial_ Lnstitutional or commercial
users. The use em h si es on-sitesales or order taking, and often include diaplav areas.
The uses may r may n .open tQ the enera lie but sales to the general public
re li mitt--d as a result of theway-in which the firm o erates Products maybe picked un
on site or delivered to the customer
2. Accessory Uses: Accessory uses may include offices l2roducl repair, wareho � es
arkin and the rc acka of goods.
3. Exa=les:les: Ex les include the sale or rental of machine T equip ment buildin
materials, special trade tools w l sunp-hits, machine parts, electrical supphes, tori
_ lies res
murant e mens and store fixtures- mail order houses; and wholesalers of
food clothing, au parts, and building hardware.
4. Exceptions:
a. Firms that enRa c primarily in sales..to the general public are classified as Sales-
Oriented Retail or Bulk Sales
b. Firms that are primarily storingo d with httIQ5ite bus' ss activi are
-classified as WarehousQ and Freight Movement
Use Categories Development Code Amendment DCA2010-00004
September 14, 2010 Page 81
Commentary
Agriculture/Horticulture remains substantially the same,but is clarified to include the keeping of
both plants and animals. This addition was done to correspond with both the common
understanding of the word, but also existing notes in Tables 18.510.1 and 18.530.1 that presumes
the potential for poultry and livestock with animal uses.
Use Classification Development Code Amendment DCA2010-00004
Page 82 September 14, 2010
Code Amendments
nuts,R. Gther
site.
18.130.080 Other Use Categorigs
A. -Agriculture / Horticulture
1. haracter' s: AgricuLWta1ZHorticultural uses are open, areas devoted to the raising=
production, or keeping of plants and/Qr animals beinn raised for foQd or _.fiber
production.. Sales of VrQducts gown on site may be included.
2. Accessoty Uses: Accessory uses include dwellings for pprietors and animal training.
3. Exam. s: Exam le incl e breedinz Qt raising of fowl or livestock, tables, rain
academies_farming- and truck garde
4. Exceptions:
a. Does not include nurseries_which are classified as Outdoor Sales.
b. _Does not inctude uses involving comm n_hQusehold pets, _which are considered
Animal Related Commercial uses
Use Categories Development Code Amendment DCA2010-00004
September 14, 2010 Page 83
Commentary
Cemeteries and Detention Facilities remain substantially the same, but with each use category
reformatted.
Use Classification Development Code Amendment DCA2010-00004
Page 84 September 14, 2010
Code Amendments
2. Gemece�ies! Faeilities for- sto-ting human remains. Aecessery ttse5 may inelidde chapels-,
B. Cemeteries
1. CharaCteriStjCS7 Cemeteries are facilities or the Pumanent so-rage of human remains.
2. Acce5soz., Uses: Accessou uses ma r�include chard-s morruari s oe�maintenance
facilities, and arking=
jails, _g btit are devoted
,
an and half-wfty houses.
C. Detention Facih 'es
1. haracteris ' s: Detention facilities are uses devoted to the 'udiciallLrea�L,ir_ed detention_
incarceration or su erg' ion of e 1 .
2. Accessory Uses: Accessory uses include offices, recreational and health facilities therapy
facilities,maintenance facilities, and hQbby and manufacturing faQUities.
3. Exa=Ies include prisom, jails, pro-tion centers. juvenile det ntion hom s nd tela ed
post_incarceration and half-way houses
4. Exceptions:
a. Programs that provide care and training or treatment forpsychiatric alcohol or
dmg_nroblems,where patients ate residents of the program, butwhere patients are
u ervi ed by police Qfficers, are classified s transient bousigg=.
Use Categories Development Code Amendment DCA2010-00004
September 14, 2010 Page 85
Commentary
Heliports and Mining all remain substantially the same,but with each use category reformatted.
Use Classification Development Code Amendment DCA2010-00004
Page 86 September 14, 2010
Code Amendments
> depalItffe,
storage and
ftiehftg of Eepters.
D. Hekom
1. -Characteristics: Heliports arepublic or private facilities desized for h landing, d arture
arQ-r-agQ and fueling of helico tern. T
2. A-cf amry Lases: Accessory uses may include offices, parking, maintenance and Lchag
es.
S. : T
off site use. Aeeessofy uses fnfty inelude storage, settiftg afid transfer- ffteiii. .
E. Minim
1. Characteristics: Mining is the extraction of mineral or aggregate resources from theround
for off-site use.
2. Accessory Uses: Accessory uses may include office, parking storage. sorting_ and transfer
facilities.
3. Exam les: Examples include dredging or ining for sand or ravel _ gar =in _ and oil
gas, or geothermal drilling,
Use Categories Development Code Amendment DCA2010-00004
September 14, 2010 Page 87
Commentary
Rail Lines/Utility Corridors remains substantially the same,just reformatted and-,with additional
examples and exceptions to clarify,the scope and intent of this use category.
Use Classification Development Code Amendment DCA2010-00004
Page 88 September 14, 2010
Code Amendments
lines-,. ezt sewer astaffn sewer nd ii
F. Ra Lin tili l rid r
1. Characteristics: Rail ' ' y CorridoLLuL=gimal corridors in _Lcq=r=j2riyate ownersWp
iucludinF4 casements. dedicated fQr—the—exDrcss u e of rail lies bone- de r
and and power or communigition lines: water_ sewer_ and storm sewer Lrnes• o
similar services.
2. xa=les: Examples include rail truLk and feederlines: re lona electrical transmission
lines; and re nalas�andd petroleum pjeline..
3. Exceptions:
a. Railroad lead and spur lines for delive , of rail_ cars to sites or for unloadin of rail
ars onspecific sites are classified as accessory to tbLPj*--ary use of the,site.
b. Rail Lines / Utility or ' ors contained within a motor vehicle rights-of-way are
not included.
c. Does not include Railroad Yards_
Use Categories Development Code Amendment DCA2010-00004
September 14, 2010 Page 89
Commentary
Wireless Communication Facilities remains substantially the same,but with additional clarifying
language.
Use Classification Development Code Amendment DCA2010-00004
Wage 90 September 14, 2010
Code Amendments
G. Wireless Communications Facilities
1. Characteristics: Wireless Communication Facilities includes all devices, equipment_
Mac h stmaures, gad-aupporting elements necessan, to r du e ele troma tic
radia ' n to-producediscrete xvireles si nal or messa e. Towers ma r be self-s=porting,
"Ved or mounted on poles or building-
2. Accessory Uses: Accessorv_uses commonly indlides related ancillln=equipment buildings.
3. ExaWles. E am i
-in-c-Lude Television and AM FM radio transmission towers,
microwame x la T stations,and cellular communicatians.equipment
4. Exce tions:
a. Does not include transmission facilities which are part of the publt
network,which are classified s asic Utilities r Etnfrgencyrvic s.
b. Does not include amateur (Liam) o antennas or towers
c. L)oe5 not inclu c radi d tele ision_studios,which are classified as Office.
Use Categories Development Code Amendment DCA2010-00004
September 14, 2010 Page 91
Commentary
This amendment fixes a consistency error found in all three zoning district chapters. The word
limited is used incorrectly, as Subsection "A" above, as well as the Use Tables, utilize the word
"restricted"rather than "limited".
No change is proposed to this portion of Use Code Table 18.510.1.
Use Classification Development Code Amendment DCA2010-00004
Page 92 September 14, 2010
Code Amendments
Chapter 18.510
RESIDENTIAL ZONING DISTRICTS
18.510.030 Uses
A. Types of uses. For the purposes of this chapter, there are four kinds of use:
1. A permitted (P) use is a use which is permitted outright, but subject to all of the
applicable provisions of this title. If a use is not listed as a permitted use, it may be held
to be a similar unlisted used under the provisions of Chapter 18.230;
2. A restricted (R) use is permitted outright providing it is in compliance with special
requirements, exceptions or restrictions;
3. A conditional use (C) is a use the approval of which is discretionary with the Hearings
Officer. The approval process and criteria are set forth in Chapters 18.310 and 18.320. If
a use is not listed as a conditional use, it may be held to be a similar unlisted used under
the provisions of Chapter 18.230;
4. A prohibited (N) use is one which is not permitted in a zoning district under any
circumstances.
B. Use table. A list of permitted, Hrnite restricted, conditional and prohibited uses in residential
zones is presented in Table 18.510.1.
TABLE 18.510.1
USE TABLE
USE CATEGORY R-1 R-2 R-3.5 R-4.5 R-7 R-12 R-15 R-40
RESIDENTIAL
Household Living P P P P P P P P
Group Living R'/C R'/C R'/C R'/C R'/C R'/C R'/C R'/C
Transitional Housing N N N N N C C C
Home Occupation R2 R2 R2 R2 R2 R2 R2 R2
HOUSING TYPES
Single Units,Attached N N N RR R9/C P P P
Single Units, Detached P P P P P P P P
Accessory Units R3 R3 R3 R3 R3 R3 R3 R3
Duplexes N N C C P P P P
Multifamily Units N N N N N P P P
Manufactured Units P P P P P P P P
Mobile Home Parks/Subdivisions N N C C P P P P
CIVIC (INSTITUTIONAL)
Basic Utilities C4 C4 C' Ca C4 CQ C4 C4
Colleges C C C C C C C C
Community Recreation C C C C C C C C
Use Categories Development Code Amendment DCA2010-00004
September 14, 2010 Page 93
Commentary
The addition of Custom Arts and Crafts does not establish a new use within the chapter.
Rather,it is to ensure consistency across all three Use Tables contained in the Tigard
Development Code (Residential, Commercial, and Industrial). This category was created
through Council Ordinance 10-2, which established this new category of land use within the
Tigard Central Business District. However, only the Commercial District Use Table was
amended to include this new use. This new language will correct this omission and clarify where
Custom Arts and Crafts are and are not allowed.
Minor reformatting to remove clusters of uses is also proposed. These clusters do not serve a
functional purpose as one cluster has multiple use classifications.
Use Classification Development Code Amendment DCA2010-00004
Page 94 September 14, 2010
Code Amendments
Cultural Institutions N N C C C C N N
Day Care P/CS P/c, P/c, P/C5 P/C5 P/C5 P/C' P/C5
Emergency Services C C C C C N N N
Medical Centers N N C C C C C C
Postal Service N N N N N N N N
Public Support Facilities P P P P P P P P
Religious Institutions C C C C C C C C
Schools C12,13 C12,13 C12,13 C12,13 C12,13 02,13 C12,13 C12,13
Social/Fraternal Clubs/Lodges N N N N N C C C
COMMERCIAL
Commercial Lodging N N N N N N N N
Custom Arts and -Crafts N
Eating and Drinking Establishments N N N N N N N N
—Major Event Entertainment N N N N N N N N
--Outdoor Entertainment N N N N N N N N
—Indoor Entertainment N N N N N N N N
---Adult Entertainment N N N N N N N N
Genef-ftl Retail
--Sales-Oriented N N N N N N R" R"
—Personal Services N N N N N N R" R"
—Repair-Oriented N N N N N N R" R'1
---Bulk Sales N N N N N N N N
—Outdoor Sales N N N N N N N N
—Animal-Related N N N N N N N N
USE CATEGORY
Mater VehieleRelate
---Motor Vehicle Sales/Rental N N N N N N N N
--Motor Vehicle Servicing/Repair N N N N N N N N
Vehicle Fuel Sales N N N N N N N N
Office N N N N N N N N
Self-Service Storage N N N N N N N N
Non-Accessoiy Parking N N N N N C1O C11 C"'
INDUSTRIAL
Industrial Services N N N N N N N N
---Light Industrial N N N N N N N N
—General Industrial N N N N N N N N
—Heavy Industrial N N N N N N N N
Railroad Yards N N N N N N N N
Research and Development N N N N N N N N
Warehouse/Freight Movement N N N N N N N N
Waste-Related N N N N N N N N
Wholesale Sales N N N N N N N N
Use Categories Development Code Amendment DCA2010-00004
September 14, 2010 Page 95
Commentary
No changes ate proposed for this portion of Table 18.510.1,
Use Classification Development Code Amendment DCA2010-00004
Page 96 September 14, 2010
Code Amendments
OTHER
Agriculture/Horticulture P`' P`' P` P6 P` N N N
Cemeteries N N C C C N N N
Detention Facilities N N N N N N N N
Heliports N N N N N N N N
Mining N N N N N N N N
Wireless Communication Facilities P/R' P/R' P/R' P/R' P/R' P/R' P/R' P/R'
Rail Lines/Utiliq Corridors C C C C C C C C
P=Permitted R=Restricted C—Conditional Use N=Not Permitted
'Group living with five or fewer residents permitted by right; group living with six or more
residents permitted as conditional use.
'-Permitted subject to requirements Chapter 18.742.
3Permitted subject to compliance with requirements in 18.710.
'Except water and storm and sanitary sewers,which are allowed by right.
'In-home day care which meets all state requirements permitted by right; freestanding day care
centers which meet all state requirements permitted conditionally.
When an agricultural use is adjacent to a residential use, no poultry or livestock, other than
normal household pets, may be housed or provided use of a fenced run within 100 feet of any
nearby-residence except a dowelling on the same lot.
^See Chapter 18.798, Wireless Communication Facilities, for requirements for permitted and
restricted facilities.
'Attached single-family units permitted only as part of an approved planned development.
9Pen- fitted by right if no more than five units in a grouping; permitted conditionally if six or
more units per grouping.
"'Only park-and-ride and other transit-related facilities permitted conditionally.
"Limited to ground-floor level of multi-family projects, not to exceed 10% of total gross square
feet of the building.
"School bus parking is permitted on public high school sites as an accessory use if located a
muvmum of 200 feet from the nearest property line of any tax lot used for residential purposes.
Maximum time limitation is three years. An extension to the time limit is possible through a
major modification to the conditional use. (Ord. 07-05)
''Permitted as a conditional use on public school sites. (Ord. 07-12)
Use Categories Development Code Amendment DCA2010-00004
September 14, 2010 Page 97
Commentary
This amendment fixes a consistency error found in aA three zoning district chapters. The word
limited is used incorrectly, as Subsection "A" above, as well as the Use Tables,utilize the word
"restricted" rather than "limited".
Use Classification Development Code Amendment DCA2010-00004
Page 98 September 14, 2010
Code Amendments
Chapter 18.520
COMMERCIAL ZONING DISTRICTS
18.520.030 Uses
A. Types of uses. For the purposes of this chapter, there are four kinds of use:
1. A permitted (P) use is a use which is permitted outright, but subject to all of the
applicable provisions of this title. If a use is not listed as a permitted use, it may be held
to be a similar unlisted use under the provisions of Section 18.130.030;
2. A restricted (R) use is permitted outright providing it is in compliance with special
requirements, exceptions or restrictions;
3. A conditional (C) use is a use the approval of which is at the discretion of the Hearings
Officer. The approval process and criteria are set forth in Chapter 18.370. if a use is not
listed as a conditional use,it may be held to be a similar unlisted use under the provisions
of Section 18.130.030;
4. A prohibited (N) use is one which is not permitted in a zoning district under any
circumstances.
B. Use table. A list of permitted, 4wAted restricted, conditional and prohibited uses in
commercial zones is presented in Table 18.520.1.
Use Categories Development Code Amendment DCA2010-00004
September 14, 2010 Page 99
Commentary
Note 39 was added to ensure Custom Arts and Crafts remain scale appropriate to the
downtown.
Use Classification Development Code Amendment DCA2010-00004
Page 100 September 14, 2010
Code Amendments
TABLE 18.520.1
USE TABLE: COMMERCIAL ZONES
USE CATEGORY C-N111 C-C151 GG C-P MU- MUE1201 MUE MUR
CBD[38] MUC-1 MUC[281 1 and 21291 1 and 21281
RESIDENTIAL
Household Living N R161 R1111 R P R[211 P2lI P P P
Group LivinR N N C N P N C R[291/C R129J/C R[291/C
Transitional Housing N N C N C N C C C C
Home Occupation R121 RPI RP R121 R[�1 R121 P R1�1 R[�1 RI21
HOUSING TYPES
Single Units,Attached N/A I N/A N/A N/A P N/A N/A R[3nl R1301 P
Single Units,Detached N/A N/A N/A N/A N/A N/A N/A RI301 R130] R1301
Accessory Units N/A N/A N/A N/A N/A N/A N/A RI-111 R1311 R1311
Duplexes N/A N/A N/A N/A N/A N/A N/A R1301 R13n] P
Multifamily Units N/A N/A N/A N/A P N/A N/A P P P
Manufactured Units N/A N/A N/A N/A P N/A N/A N N N
Mobile Hoene Parks,Subdivisions N/A N/A N/A N/A R[361 N/A N/A N N N
CIVIC (INSTITUTIONAL)
Basic Utilities C C132] C[321 C C C C C1321 C[32] C1321
Colleges N N N N P C C C C C
Community Recreation N P N N P C N P C C
Cultural lnstitutions P P P P P P P P P N
Day Care P P P P P P P P P P/C[331
Emergency Services P P P P P P P P P N
Medical Centers C N C C C C C C C C
Postal Service P P P P P P P P P N
Public Support Facilities P P P P P P P P P P
Religious Institutions C C P P P P P P P C
Schools N N N N P C C C C C
Social/Fraternal Clubs/Lodges C C P P P P P P P C
COMMERCIAL
Commercial Lodging N IN Ip R[141 P P P P P N
Custom Arts and Crafts N IN N IN P01 N jN N N N
Eating and Drinking Establishments C IP IP I R1i51 P P IP P IP RI3a%331
Use Categories Development Code Amendment DCA2010-00004
September 14,2010 Page 101
Commentary
Changes to Table 18.520.1 are limited to reformatting amendments that separate clusters of units into discrete uses. These clusters do not
serve a functional purpose as one cluster has multiple use classifications.
Use Classification Development Code amendment DCA2010-00004
Page 102 September 14, 2010
Code Amendments
USE CATEGORY C_N19 C-C151 C-G C-P MU- MUE1201 MUE MUR
CBD[38] MUC-1 MUC1281 1 and 21281 1 and 2[281
Entertainment Orieeted
—Major Event Entertainment N N C N C N C C N N
Outdoor Entertainment N N P R1151 C N N C N N
—Indoor Entertainment P P P P P P P P P N
—?adult Entertainment N N C N N N N C N N
—Sales-Oriented P PI71 P R1161 P/R[3�1 RI221 R1251 P RI221 R[34/351
Personal Services P P P P P R[221 R1251 P R14 R13+'351
Repair-Oriented P P P N P R1221 R[251 R[221 R[221 N
—Bulk Sales N N P N R[361 R122] R1251 R[221 R[221 N
Outdoor Sales N N P N N N N N N N
—Animal-Related N N N N N P P N N N
Motor Vehiele Related
—1•Iotor Vehicle Sales/Rental N N P/C1121 N R1361 N N R1241 R[2+1 N
—Motor Vehicle Servicing/Repair N 0181 P/C[121 N C RI221 R[251 N N N
—Vehicle Fuel Sales C C C N R[361 N C C C N
Office P R191 P P P P P P P RI34-'351
Self-Service Stora&e N N C N R1361 N N N N N
Non-Accessory Parking C C P P P P P P P N
INDU STRLA,L
Industrial Services N N N N N N N N N N
and pred�*etiaft
—Light Industrial N N N N N RI231 N N R1231 N
—General Industrial N N N N N N N N N N
—Heavy Industrial N N N N N N N N N N
Railroad Wards N N N N N N N N N N
Research and Development N N N N C R1241 R1241 N R[231 N
Warehouse/Frei ht Movement N N N N N R[2+1 N N R123/241 N
Waste-Related N N N N N N N N N N
Wholesale Sales N N N N N N N N R123;2+1 N
OTHER
Agriculture/Horticulture N N N N N N N
Cemeteries I N N N N N N N
Use Categories Development Code Amendment DCA2010-00004
September 14, 2010 Page 103
Commentary
No further changes to Table 18.520.1 are proposed.
Use Classification Development Code Amendment DCA2010-00004
Page 104 September 14, 2010
Code Amendments
USE CATEGORY C-Nlr1 C-CI51 C-G C-P MU- MUE1201 MUE MUR
CBD1381 MUC-1 MU0281 1 and 21291 1 and 21181
Detention Facilities N N C N C N N
Heliports N N C C N N N
Ahrung N N N
Wireless Communication Facilities P/R[31 P/R[31 P/Rf31 WWII P/RPl P/R131 P/R[271
Rail Lines/Utility Corridors P P P P P P P
Other IC141 I CI101 INA NA 8191 INA NA
[l] All permitted and conditional uses subject to special development standards contained in Section 18.520.050.A.
[2] Permitted subject to requirements Chapter 18.742.
[3] See Chapter 18.798 Wireless Communication Facilities,requirements for permitted and restricted facilities.
[4] Uses operating before 7:00 AM andior after 10:00 PM are conditional uses.
[5] All permitted,limited and conditional uses must meet special development standards in Sectionl8.520.050.B.
[6] Residential units permitted by right,as a mixed use in conjunction with a cormnercial development,on or above the second floor of the structure,at densities not to exceed 12 units/net acre.
[7] 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.
[8] Limited to motor vehicle cleaning only.
[9] When combined in single structure,each separate establishment shall not exceed 5,000 gross square feet.
[l0] Uses operating before 6:00 AM and/or after 11:00 PM;or drive-up windows are conditional uses.
[11] A single-family unit providing that it is located on the same site with a permitted or conditional use in and is occupied exclusively by a caretaker or superintendent of the permitted or conditional
use.Multifamily housing is permitted as part of a PD,subject to Chapter 18.350.
[12] Cleaning,sales and repair of motor vehicles and light equipment is permitted outright; sales and rental of heavy vehicles and farm equipment andbr storage of recreational vehicles and boats
permitted conditionally.
[13] (Deleted by Ord.09-13)
[14] Restaurant permitted with restriction in size in conjunction with and on the same parcel as a coui nercial lodging use.
[15] As accessory to offices or other permitted uses,the total space devoted to a combination of retail sales and eating/drinking establishments may not exceed more than 20%of the entire square
footage within the development complex.
[161 May not exceed 10%of the total square footage within an office complex.
[17] Single-family attached and multi-family residential units,developed at R-40 standards, except the area bounded by Fanno Creek,Hall Boulevard,O'Mara,Ash Avenue and Hill Street, within
which property zoned for CBD development which shall be designated R-12 PD and shall be developed as planned developments in conformance with the R-12 District standards.
[18] Motor vehicle cleaning only.
[19] Drive-up windows are permitted to continue if the property had one lawfully in existence prior to the adoption of the MU-CBD designation.Otherwise,not pennitted.
[20] All permitted and conditional uses subject to special development standards contained in Section18.520.050.C.
[21] Multifamily residential,at 25 units gross acre,allowed outright.Pre-existing detached and attached single-family dwellings are permitted outright.
[22] New retail and sales uses may not exceed 60,000 gross leasable area per building within the Washington Square Regional Center or Tigard Triangle except for those areas zoned C-G at the time the
MUE zoning district was adopted in the Tigard Triangle.
[23] All activities associated with this use,except employee and customer parking,shall be contained within buildings.
[24] Permitted as accessory to a permitted use as long as this use is contained within the same building as the permitted use,and does not exceed the floor area of the permitted use.
[25] Permitted provided the use is no larger then 60,000 square feet of gross floor area per building or business.
[26] Household living limited to single units, attached,and multi-family including but not limited to apartments, attached condominiums,townhouses and rowhouses at a minimum density of 25
dwelling units per acre and a maximum density of 50 dwelling units per acre.
[27] Wireless only as attached to structure within height limit,see Chapter 18.798.
[28] All Permitted and Conditional Uses subject to special development standards contained in 18.630
[29] Group living with five or fewer residents permitted by right;group living with six or more residents permitted as conditional use.
[30] Pre-existing housing units permitted.Conversion of pre-existing housing units to other uses is subject to the requirements of Chapter-18.630.
[31] Pennitted for pre-existing housing units,subject to requirements Chapter 18.710.
[32] Except water,storm and sanitary sewers,which are allowed by right.
Use Categories Development Code Amendment DCA2010-00004
September 14, 2010 Page 105
Commentary
Note 39 was added to ensure that custom arts and crafts uses are appropriate in scale to the downtown area.
Use Classification Development Code Amendment DCA2010-00004
Page 106 September 14, 2010
Code Amendments
[33] to-home day care which meets all state requirements pennitted by right;freestanding day care centers which meet all state requirements permitted conditionally.
[34] This use is allowed only in mixed-use developments in the Washington Square Regional Center.Commercial uses shall occupy no more than 50/v of the total floor area within the mixed-use
development,and shall be permitted only when minimum residential densities are rnet.An exception to the requirement that commercial uses may be permitted only if residential minimum
densities are met is provided for properties zoned commercial prior to implementation of the Washington Square Regional Center-Plan(3l28i2002).The exempted properties are identified as
assessor map number: IS135AA-00400,1S135AA-01400,ISI35AA-01900,1SIAA-01901,1S135DA-02000,1S135AA-02500,ISI35AA-02600,IS135AA-02700, IS135DA-01900,and
I S 1 DA-02000.These parcels,or parcels created from these parcels,after the effective date of this ordinance,may be developed as a solely commercial use with a use permitted in the MUR-1 or
MUR-2 zones.
[35] The maximum building footprint size permitted for any building occupied entirely by a commercial use or uses shall be 7,500 square feet.An exception to the limit on the size of a building
occupied by commercial uses is provided for properties zoned commercial prior to implementation of the Washington Square Regional Center Alan(3/282002).The exempted properties are
identified as assessor map number: I S I 35AA-00400,ISI35AA-01400,1 S 13 5AA-0 1900,1SIAA-01901,1 S 13 5DA-02000,I S I 35AA-02500, 1 S I 35AA-02600,I S 1 35AA-02700,IS135DA-
01900,and 1 S I DA-02000.On these parcels,or parcels created from these parcels,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 zoning district apply which may limit the ultimate size of commercial development.
[36] Only for properties that were lawfully in existence(as permitted,conditional,or planned development)prior to the adoption of the MU-CBD designation.
[37] New retail and sales uses may not exceed 60,000 square feet of gross leasable area per building in all subareas except 99W/Hall Corridor subarea.(See Map 18.610.A)
[38] All developments subject to Chapter 18.610,Downtown Urban Renewal Standards,and Map 18.610.A.
[39] Csrutom Arts and Crafts uses may not exceed 500 square feet of erodu0ion area.
Use Categories Development Code Amendment DCA2010-00004
September 14, 2010 Page 107
Commentary
This amendment fixes a consistency error found in all three zoning district chapters. The word
limited is used incorrectly, as Subsection "A" above, as well as the Use Tables, utilize the word
"restricted" rather than "limited".
Use Classification Development Code Amendment DCA2010-00004
Page 108 September 14, 2010
Code Amendments
Chapter 18.530
INDUSTRIAL ZONING DISTRICTS
18.530.030 Uses
A. Types of uses. For the purposes of this chapter, there are four kinds of use:
1. A permitted (P) use is a use which is permitted outright, but subject to all of the
applicable provisions of this title. If a use is not listed as a permitted use, it may be held
to be a similar unlisted use under the provisions of Chapter 18.230;
2. A restricted (R) use is permitted outright providing it is in compliance with special
requirements, exceptions or restrictions;
3. A conditional use (C) is a use the approval of which is at the discretion of the Hearings
Officer. The approval process and criteria are set forth in Chapters 18.310 and 18.320. If
a use is not listed as a conditional use, it may be held to be a similar unlisted use under
the provisions of Chapter 18.230;
4. A prohibited (N) use is one which is not permitted in a zoning district under any
circumstances.
B. Use table. A list of permitted, hwitited restricted, conditional and prohibited uses in industrial
zones is presented in Table 18.530.1.
Use Categories Development Code Amendment DCA2010-00004
September 14, 2010 Page 109
Commentary
The addition of Custom Arts and Crafts does not establish a new use within this chapter.
Rather,it is to ensure consistency across all three Use Tables contained in the Tigard
Development Code (Residential, Commercial, and Industrial). This category was created
through Council Ordinance 10-2, which established this new category of land use within the
Tigard Central Business District. However, only the Commercial District Use Table was
amended to include this new use. This new language will correct this omission and clarify where
Custom Arts and Crafts are and are not allowed.
Minor reformatting to remove clusters of uses is also proposed. These clusters do not serve a
functional purpose as one cluster has multiple use classifications.
Use Classification Development Code Amendment DCA2010-00004
Page 110 September 14, 2010
Code Amendments
TABLE 18.530.1
USE TABLE: INDUSTRIAL ZONES
USE CATEGORY 1-P I-L I-H
RESIDENTIAL
Household Living R' R` R`
Group Living N N N
Transitional Housing N N N
Home Occupation N N N
CIVIC (INSTITUTIONAL)
Basic Utilities C14 C14 P
Colleges N N N
Community Recreation CIO CID CIO
Cultural Institutions N N N
Day Care R3,9 R3,9 R3,9
Emergency Services P P P
Medical Centers N N N
Postal Service P P P
Public Support Facilities P P P
Religious Institutions N N N
Schools N N N
Social/Fraternal Clubs/Lodges N N N
COMMERCIAL
Commercial Lodging P N N
Custom Arts and Crafts N N N
Eating and Drinking Establishments R2 N N
EnteAainment Or-ie;xted
—Major Event Entertainment N N N
----Outdoor Entertainment P N N
—Indoor Entertainment P N N
—Adult Entertainment N N N
—Sales-Oriented R2 N N
—Personal Services R' N N
—Repair-Oriented P N N
—Bulk Sales R4,11 N N
---Outdoor Sales N P P
—Animal-Related P P P
Meter-Vehiele Related
—Motor Vehicle Sales/Rental R4.12,13 P P
—Motor Vehicle Servicing/Repair C P P
—Vehicle Fuel Sales P PIC' P
Office P N N
Self-Service Storage P P P
Non-Accessory Parking P P P
Use Categories Development Code Amendment DCA2010-00004
September 14, 2010 Page 111
Commentary
Minor reformatting to remove clusters of uses is also proposed. These clusters do not serge a
functional purpose as one cluster has multiple use classifications.
Use Classification Development Code Amendment DCA2010-00004
Page 112 September 14, 2010
Code Amendments
TABLE 18.530.1 (CON'T)
USE CATEGORY I-P I-L 1-H
INDUSTRIAL
Industrial Services N P P
1ti1 €aeturingand Production
--Light Industrial P p P
—General Industrial N P P
---Heavy Industrial N N P
Railroad Yards N N P
Research and Development P P P
Warehouse/Freight Movement N P P
Waste-Related N N P
Wholesale Sales R4 P P
OTHER
Agriculture/Horticulture Ps Ps ps
Cemeteries N C N
Detention Facilities C N C
Heliports C C C
Mining N N P
Wireless Communication Facilities P/Rd P P
Rail Lines/Utility Corridors P P p
Other NA NA P'
P=Permitted R–Restricted C=Conditional Use N=Not Permitted
Use Categories Development Code Amendment DCA2010-00004
September 14, 2010 Page 113
Commentary
No changes to the Table notes are proposed.
Use Classification Development Code Amendment DCA2010-00004
Page 114 September 14, 2010
Code Amendments
' A single-family detached dwelling or single-family mobile or manufactured home allowed for
caretaker or kennel owner/operator when located on the sane lot as the permitted use and is
exclusively occupied by the caretaker or kennel owner/operator and family.
z These limited uses, separately or in combination, may not exceed 20% of the entire square footage
within a development complex. No retail uses shall exceed 60,000 square feet of gross leasable
area per building or business.
3 In-home day care which meets all state requirements permitted by right.
4 Permitted if all activities, except employee and customer parking, are wholly contained with a
building(s).
5 When an agricultural use is adjacent to a residential use, no poultry or livestock, other than normal
household pets, may be housed or provided use of a fenced run within 100 feet of any nearby
residence except a dwelling on the same lot.
6 See Chapter 18.798, Wireless Communication Facilities, for definition of permitted and restricted
facilities in the I-P zone.
7 Vehicle fuel sales permitted outright unless in combination with convenience sales, in which case
it is permitted conditionally.
s Explosive storage permitted outright subject to regulations of Uniform Fire Code.
9 Day care uses with over five children are permitted subject to an Environmental Impact
Assessment in accordance with Section 18.530.050.C.1. The design of the day care must fully
comply with State of Oregon requirements for outdoor openspace setbacks.
1° Limited to outdoor recreation on (1) land classified as floodplain on City flood maps, when the
recreational use does not otherwise preclude future cut and fill as needed in order to develop
adjoining industrially zoned upland; and (2) land located outside the floodplain as shown on City
flood maps, when the recreation use is temporary and does not otherwise preclude allowed uses or
conditional uses other than recreation within the district.
11 These limited uses, shall only be allowed in IP zoned property east of SW 72"d Avenue. These
uses, separately or in combination shall not exceed 60,000 square feet of gross leasable area in a
single building, or commercial retail uses with a total of more than 60,000 square feet of retail
sales area on a single lot or parcel, or on contiguous lots or parcels, including those separated only
by transportation right-of-way.
12 These limited uses, separately or in combination, may not exceed 10,000 square feet/lot.
13 This use limited to boat sales/rental only.
14 Except water and storm and sanitary sewers, which are allowed by right,
Use Categories Development Code Amendment DCA2010-00004
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Commentary
This page inlenlianalll left bran
Use Classification Development Code Amendment DCA2010-00004
Page 116 September 14, 2010
Inside Back Cover
Outside Back Cover
Exhibit "B"
Agenda Item: #5
Hearing Date: July 19,2010 Time: 7:00 PM
STAFF REPORT TO THE —0:
PLANNING COMMISSION
FOR THE CITY OF TIGARD, OREGON
SECTION I. APPLICATION SUMMARY
CASE NAME: USE CLASSIFICATIONS DEVELOPMENT CODE AMENDMENT
CASE NO.: Development Code Amendment(DCA) DCA2010-00004
PROPOSAL: The City of Tigard proposes to amend the Use Classifications Chapter (TDC
18.130) of the Tigard Development Code (TDC) in an amendment package designed to
improve code administration by clarifying and simplifying the land use categories that
are a major base component of the TDC. The purpose of the amendments is not to
expand or restrict existing uses allowed within the Tigard Zoning Code. Rather, the
amendment seeks to improve the existing code by making it consistent, clear, and as
simple as possible. Minor associated amendments to the Definitions Chapter (TDC
18.120) and the Zoning Districts Chapters (TDC 18.510, 520, and 530) are also
proposed. The proposed code text amendments for the Planning Commission's review
are appended in Attachment 1 and summarized below in Section IV of this report:
APPLICANT: City of Tigard
13125 SW Hall Blvd.
Tigard, OR 97223
ZONES: Citywide
LOCATION: Citywide
APPLICABLE
REVIEW
CRITERIA: Community Development Code Chapters 18.120, 18.130, 18.380, and 18.39 0;
18.510, 18.520, 18.530; Comprehensive Plan Goal 1, Public Involvement; Goal 2, Land
Use Planning; Goals 9, Economic Development; Goal 10, Housing; and Statewide
Planning Goals 1, 2, 9 and 10.
SECTION II. STAFF RECOMMENDATION
Staff recommends that the Planning Commission find in favor of the proposed code text amendments
(Attachment 1) to improve the existing code by clarif,ing and simplify-ing the Use Classifications Chapter and
associated amendments to the Definitions and Zoning Districts Chapters, with any alterations as determined
through the public hearing process, and make a final recommendation to the Tigard City Council.
USE CATEGORIES DEVELOPMENT CODE AMENDMENT DC_L2010-00004
7/19/2010 PUBLIC 14FARING,STAFF REPORT TO T14F' 111»INNING COMMISSION P,-1GE 1 OF 6
Exhibit "B"
SECTION III. BACKGROUND INFORMATION
The existing Use Classifications chapter (TDC 18.130) was last amended in 2006, but remains insufficiently
detailed to enable some land uses to be clearly identified and assigned to a land use category. Similarly, the
existing language does not provide sufficient clarity regarding how the city is to regulate land uses which are
incidental and accessory to the primary use of a property. The resulting ambiguities result in administrative
burdens for both the City and the public. As a central element of the Tigard Development Code, this chapter
is the first major Development Code Amendment being forwarded as part of the Regulatory Improvement
Initiative.
SECTION IV. APPLICABLE CRITERIA, FINDINGS AND CONCLUSIONS
APPLICABLE PROVISIONS OF THE TIGARD DEVELOPMENT CODE
Tigard Development Code Section 18.380.020, Legislative Amendments to this Title and Map, states
that 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 text amendment would apply City-wide. Therefore, the amendment will be reviewed under the
Type IV legislative procedure as set forth in the chapter. This procedure requites public hearings by both the
Planning Commission and City Council.
Section 18.390.060.G establishes standard decision-making procedures for reviewing Type IN
applications. 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.
FINDING:
Findings and conclusions are provided in this section for the applicable listed factors on which the
recommendation by the Commission and the decision by the Council shall be based.
CONCLUSION: Based on the findings above, staff concludes that the proposed code text amendment is
consistent with applicable provisions of the Tigard Development Code.
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 Use Classifications Development Code Amendment has
a limited scope and the text amendments address only some of the topics in the Statewide Planning Goals, only
the goals addressed below apply.
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 by complying with the Tigard Development Code notice requirements set forth in
Section 18.390. A notice was published in the Tigard Times newspaper prior to the hearing. After the
Planning Commission public hearing, additional notice will be published prior to the City Council hearing.
Two public hearings are held (one before the Planning Commission and the second before the City Council) at
which an opportunity for public input is provided.
USE CATLGORIES DEVELOPMENT CODI AMENDMENT DCA2010-00004
7/19/2010 PUBLIC HEARING,STAREPORT TO THE PLANNING COMMISSION PAGr 2 OF 6
Exhibit "B"
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 Comprehensive Plan. As discussed within this report, the applicable Development Code
process and standards have been applied to the proposed amendment.
Statewide Planning Goal 9 —Economic Development:
This goal seeks to provide adequate opportunities throughout the state for a variety of economic
activities vital to the health,welfare, and prosperity of Oregon's citizens.
FINDING:
The Department of Land Conservation and Development has acknowledged the City's Comprehensive Plan as
being consistent with the statewide planning goals. Consistency with the City's Comprehensive Plan Economic
Development goal and policies is discussed later in this report.
Statewide Planning Goal 10—Housing
This goal seeks to provide for the housing needs of citizens of the state.
FINDING:
The Department of Land Conservation and Development has acknowledged the City's Comprehensive Plan as
being consistent with the statewide planning goals. Consistency with the City's Comprehensive Plan Housing
goal and policies is discussed later in this report.
CONCLUSION: Based on the findings above and the related findings below, staff finds that the
proposed code text amendment is consistent with applicable Statewide Planning Goals.
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 Comprehensive Plan Goals and Policies. Because
the Use Classifications Development Code Amendment has a limited scope and the text amendments address
only some of the topics in the Tigard Comprehensive Plan, only the goals addressed below apply.
Comprehensive Plan Goal 1: Citizen Involvement
Goal 1.1 Provide citizens, affected agencies and other jurisdictions the opportunity to participate in all
phases of the planning process.
FINDING:
The City mailed notice of the Planning Commission hearing to interested citizens and agencies. On July 1, 2010
the City published notice of the Planning Commission hearing in The Times. After the Planning Commission
public hearing, additional notice will be published prior to the City Council hearing. These two public hearings
before the Planning Commission and the City Council provide opportunity for public input.
With these public involvement provisions, the proposed Development Code Amendment is consistent with
applicable Citizen Involvement policies.
Comprehensive Plan Goal 2: Land Use Planning
Goal 2.1: Maintain an up-to-date Comprehensive Plan, implementing regulations and action plans as
the legislative foundation of Tigard's land use planning program.
FINDING:
The proposed development code amendment would reformat the existing Use Classifications Chapter to
provide greater clarity for improved administration of the development code. The subject code amendment is a
USE CATRGORII:S DEVELOP141ENT CODE-AA1FNDMTNT DCA2010-00004
7%19/2010 PUBLIC HEARING,STAFF R1ITORT IT. TIIE PLANNING COMMISSION PAGE 3 OI:6
Exhibit "B"
foundational amendment to the code as one of a succession of planned amendments in the Regulatory
Improvement Initiative designed to maintain an up-to-date development code, consistent with the applicable
provisions of the Land Use Planning Goal.
Comprehensive Plan Goal 9: Economic Development
Goal 9.1: Develop and maintain a strong, diversified, and sustainable local economy.
FINDING:
The proposed development code amendment would reformat the existing Use Classifications Chapter to
provided greater clarity for improved administration of the development code. The subject code amendment
would clarify the commercial and industrial use categories to facilitate existing and emerging economic
development activities, consistent with the applicable provisions of the Economic Development Goal.
Comprehensive Plan Goal 10: Housing
Goal 10.1 Provide opportunities for a variety of housing types to meet the diverse housing needs of
current and future City residents.
Goal 10.2 Maintain a high level of residential livability.
FINDING:
The proposed development code amendment would reformat the existing Use Classifications Chapter to
provided greater clarity for improved administration of the development code. The subject code amendment
would reformat the residential use categories for clarity and include the addition of more detail regarding
accessory uses to facilitate application of appropriate development regulation, consistent with the apphcable
provisions of the Housing Goal.
CONCLUSION: As shown in the findings above, staff concludes that the proposed code text
amendment is consistent with the appplicable Statewide Planning Goals (Citizen
Participation,Land Use,Economic Develo ment and Housing), the applicable
Comprehensive Plan goals and policies and the applicable provision of the City's
Implementing Ordinances. No federal or state statutes or regulations were found to be
applicable. No METRO regulations were found to be applicable.
PROPOSED TEXT AMENDMENTS TO THE TIGARD DEVELOPMENT CODE
Please refer to Attachment 1, Proposed Use Categories Development Code Amendment (July 12, 2010)
for the complete proposed code text amendment for Chapter 18.130. The following summarizes the proposed
changes:
• Changing the name of the Chapter from Use Classifications to Use Categories.
• Revising and expanding the purpose statement. (TDC 18.130.010).
• Including a new section that will guide administration of the chapter (TDC 18.130.015), including the
distinction between primary and accessory uses.
• Clarification of existing use categories by reformatting the existing use descriptions into four general
subcategories applicable to each use category: Characteristics, accessory Uses, Examples, and
Exceptions (TDC 18.130.020). Existing language is being retained as much as practicable, but
expanded and clarified where necessary.
• Minor text corrections and formatting changes within the Zoning District Chapters (TDC 18.510-
18.530) to coincide with changes being made to the Use Classification Chapter.
• Creates the "Custom Arts and Crafts" land use category, recently established as part of the Tigard
USE CATEGORIES DRV1-',LOPn41:N'I'CODIs,\IN1TvND1111�NT DC.#2010-00004
7/19/2010 PUBLIC 1II.,ARING,I'FAFF REPORT TO THE PLANNING COMMISSION PAGE 4 OF 6
Exhibit "B"
Downtown District Development and Design Standards (Ordinance 10-2). Under Ordinance 10-2,
this land use category was inserted into the Commercial Zones Use Table (TDC Table 18.520.1) and
the Definitions chapter (TDC 18.120.030.A.61),but not the Use Classifications chapter. The proposed
language copies and expands upon that used in the Definitions chapter (Section 18.120).
• Specific exceptions for incidental and temporary outdoor activities, such as Christmas tree sales lots,
which have been regulated the same as permanent "Outdoor Sales" land uses (TDC
18.130.020.C.12.d.3).
• New language clarifying the intent of two use categories which will result in a change of allowable uses
within the "Personal Services" and "Repair-Oriented Retail' use categories. Dry-cleaners and drop-off
laundry facilities would be considered "Repair-Oriented Retail" rather than "Personal Services." As a
result of this reclassification, these uses will no longer be allowed within the following Zoning Districts:
C-P (Professional/Administrative Commercial District), and MUR-1 & MUR-2 (Mixed Use Residential
Districts). As required under ORS 227.186, Measure 56 notices were sent to all property owners within
these zoning districts.
• Assignment of uses not addressed in past versions of the code, including, "doggy-daycares" as Repair-
Oriented Retail and "beverage container redemption centers" as Personal Services.
SECTION V. STAFF ANALYSIS
Staff comment explaining each of the proposed amendments can be found within Attachment 1, Proposed
Use Categories Development Code Amendment(July 12, 2010).
The proposed code amendment is organized by Development Code chapter number.
Even-numbered pages contain commentary on the amendments,which are contained on the opposite
(following) odd-numbered page. The commentary establishes,in part, the legislative intent in adopting these
amendments.
SECTION VI. OTHER ALTERNATIVES
No Action — The code would remain unchanged. The existing ambiguities result in substantial administrative
burdens for both the City and the general public.
Expanded Action — The subject code amendment is substantially a reformatting exercise. Many substantive
code improvement elements have been identified in the process. Staff has made a determined effort to avoid
scope creep by limiting this foundational code amendment to simplification and clarification of existing code
and to leave substantive improvements to future code amendment packages. However, there may be some
more or less discrete additions to the proposed scope that the Commission may want to consider, for example,
adding new use categories such as parks and open space, or combining existing use categories such as outdoor
and retail sales or community recreation and outdoor entertainment. Because these issues may trigger additional
Measure 56 notice and require further analysis, staff does not recommend their inclusion at this time.
Alternate Actions — Convert the existing use classifications to a list of explicit uses, or determine some other
approach.
USIA CATEGORIES DLVI:LOPIIII N'I'CODE?.1AIFNDNIL;NT I]CA2010-00004
7/19/2010 PUBLIC 1-IFARING,STAFF REPORT TO'I HE PLANNING COh1MISSION PAGE 5 OIC 0
Exhibit "B"
SECTION VII. ADDITIONAL CITY STAFF & OUTSIDE AGENCY COMMENTS
City of Tigard Development Services, Building Division and Public Works were notified of the proposed
code text amendment and did not provide comment.
Local and State Jurisdictions including The Cities of Beaverton, Durham, King City, Lake Oswego,
Portland and Tualatin, Washington County, and METRO, ODOT, DLCD, DEQ were notified of the
proposed code text amendment but provided no comment.
Utility Providers and Special Agencies including Portland Western and Southern Pacific Railroads,
PGE, Tigard Tualatin and Beaverton School Districts, Tri-Met, NW Natural, Comcast Cable,
Verizon, and Qwest were notified of the proposed code text amendment but provided no comment.
ATTACHMENTS:
Attachment 1: Proposed Use Categories Development Code Amendment(July 12, 2010)
July 12, 2010 _
PREPARED BY: Gary Pagenstecher DATE
Associate Planner
July 12. 2010
APPROVED BY: Ron Bunch DATE
Community Development Director
USI7 CA IT'GORICS DINELOPMENT CODI3,1NMNDMENT DC.12010-00004
7/19/2010 PUBLIC IIE.IRING,STAFF RP.PORT TO TME PLANNING COMMISSION 6 Or 6