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Ordinance No. 67-21 t� PLE.� TAY ) b ® `7�- 3� �iT'Y OF 4R =G0N O - - p to N.,I . kNA W- F lot4 x: l" W Table of Contents Section CHAPTER 100 - GENERAL PROVISIONS 100-1 Short Title: 100-2 Purposes 100-3 Compliance with Ordinance Provisions 100-4 Classification of Zones 100-5 Zoning Map 100-6 Zane Boundaries 100-7 Zoning of Annexed Areas CHAPTER 110 - SINGLE FAMILY RESIDENTIAL ZONES R-7, R-15 and R-30 Uses Permitted Outright 110-1 Conditional Uses Permitted 110-2 _ Lot Size in an R-7 110-3 -15 110-4 Lot Size in an R 110-5 Lot Size in an R-30 -Setback Requirements in R-7, R-15 110-6 Setback Requirements in R-30 110-7 110-8 Height of Buildings *- 110-9 Additional RequirQrtents CHAPTER 120 - MULTI-FAMILY RESIDENTIAL ZONE A-2 Uses Permitted Outright 120-1 Conditional Uses Permitted 120-2 120-3 Lot Size 120-4 Setback Requirements 120-5 Height of Buildings 120-6 Additional Requirements CHAPTER 140 - GENERAL COMMERCIAL ZONE C=3 Uses Permitted_ Outright 140-1 6 Conditional Uses Permitted 14q_2 Lot Size 140-3 Setback Requirements 140-4 Height of Buildings 140-5 Additional Requirements 140-6 CHAPTER 150 NEIGHBORHOOD COMMERCIAL ZONE C-4 Uses Permitted Outright 150-1 Conditional Uses Permitted 150-2 Lot Size 150-3 Setback Requirements 150-4 Height of Buildings 150-5 Additional Requirements 150-6 Table of Contents - contd. Section CHAPTER 160 - GENERAL INDUSTRIAL ZONE M-2 Uses Permitted Outright 160-1 Conditional Uses Permitted 160-2 Lot Size 160-3 Setback Requirements 160-4 Height of Buildings 160-5 Additional Requirements 160-6 CHAPTER 170 - LIGHT INDUSTRIAL ZONE M-3 Uses Permitted Outright 70-1 Conditional Uses 170-2 Lot Size 170-3 Setback Requirements 170-4 Height of Buildings 170-5 Additional Requirements 170-6 CHAPTER 180 - INDUSTRIAL PARK ZONE M-4 Uses Permitted Outright 180-1 Conditional Uses 180-2 Lot Size 180-3 Setback Requirements 180-4 Height of Buildings 180-5 Enclosure or Screening Required 180-6 Landscaping 180-7 Admin stration 180-8 CHAPTER 190 - OFF-STREET PARKING AND LOADING General Provisions 190-1 Off-Street Parking 190-2 Standards of Measurement 190-3 Minimum Off-Street Parking Spaces Required 190-4 Off-Street Loading 190-5 Design Standards for Off-Street Parking and Loading 190-6 CHAPTER 200 - ACCESS AND EGRESS General Provisions 200-1 Minimum Access Requirements for Residential Uses 200-2 Minimum Access Requirements for Commercial and Industrial Uses 200-3 Width and Location of Curb Cuts 200-4 CHAPTER 210 - SUPPLEMENTARY PROVISIONS 1` Authorization. of Similar Uses 210- 210- 2 Provisions Regarding Accessory Uses Projections From Buildings 210-3 Continuance of Minimum ordinance Requirements 210-4 Prohibitions of Public Nuisances 210-5 i Table of Contents - contd. Section Enclosure or Screening Required 210-6 General Exception to Lot Size Requirement 210-7 General Exceptions to Yard Requirements 210-8 General Exceptions to Building Height Limitations 210-9 Fire Zones 210-10 CHAPTER 220 - NONCONFORMING USES AND STRUCTURES Continuance of. Nonconforming Uses and Structures 220-1 Authorization to Grant or Deny Reinstatement of a Discontinued Nonconforming Use 220-2 Authorization to Grant or Deny Enlargement of a Nonconforming Use or Structure 220-3 Completion of Building 220-4 Unoccupied Building 220-5 Application for Reinstatement or Enlargement of 220-6 a Nonconforming Use CHAPTER 230 - CONDITIONAL USES Authorization to Grant or Deny Conditional Uses 230-1 f Application for a Conditional Use 230.2 CHAPTER 240 - VARIANCES E Authorization to Grant or Deny Variances 240-1 renditions for Granting a Variance 240-2 l Application for a Variance 240-3 CHAPTER 250 - PROCEDURE FOR ALLOWING OR DISALLOWING VARIANCES CONDITIONAL USES AND REINSTATEMENT Olt ENLARGE- MENT OF NONCONFORMING USES Public Hearing Required 250-1 Recess of Hearing by Planning Commission 250-2 Action of the Planning Commission 250-3 Appeal from Decision of Planning Commission 250-4 CHAPTER 260 - AMENDMENTS TO THE ZONING ORDINANCE Authorization to Initiate Amendments 260-1 Application and Fee 260-2 i Planning Commission Hearing on an Amendment 260-3 Recess of Hearing 260-4 Modification of a Proposed Amendment 260-5 City Council Hearing on an Amendment 260-6 Approval of Amendment to Zoning Map 260--7 Notification of Action 260-8 ' 260-9 ��` Record of Amendments j CHAPTER -270 - ADMINISTRATION ENFORCEMENT AND INTERPRETATION -- Section Enforcement 270-1 Appeal to the City Council 270-2 Forms of Petitions, Applications and Appeals 270-3 Temporary Permits 270-4 Interpretation 270-5 Severability 270-6 Penalty 270-7 'HAPTER 280 DEFINITIONS v Sk .. C j : 4 z r x CITY OF TIGARD, OREGON ORDINANCE No.67- 21 AN ORDINANCE ADOPTING THE REPORT OF THE CITY PLANNING COM- MISSION WITH RESPECT TO PLANNING AND ZONING WITHIN THE CITY OF TIGARD; DECLARING THE TITLE AND PURPOSE, AND ENACTING REGULATIONS AND RESTRICTIONS WITH RESPECT TO THE HEIGHT, NUMBER OF STORIES AND SIZE OF BUILDINGS; THE PART AND PERCENTAGE OF ANY LOT THAT MAY BE OCCUPIED; THE SIZE OF YARDS, COURTS AND OTHER OPEN SPACES; THE LOCATION AND USE OF BUILDINGS AND PREMISES FOR TRADE, INDUSTRIAL, RESIDENTIAL AND OTHER PURPOSES; CREATING DISTRICTS FOR SAID PURPOSES AND ESTABLISHING THE BOUNDARIES THEREOF; PROVIDING FOR CHANGES AND MODIFICATIONS IN THE REGULATIONS, RESTRICTIONS AND BOUNDARIES OF EACH DISTRICT; REGULATING NON-CONFORMING USES; DEFINING CERTAIN TERMS USED IN CONNECTION THEREWITH; PROVIDING PENALTIES FOR THE VIOLATION THEREOF; REPEALING ORDINANCE No.63-6 ENACTED BY THE CITY COUNCIL ON MAY 13, 1963 AND SECTIONS 5 and 6 OF ORDINANCE No.63-8 ENACTED BY THE COUNCIL ON .TUNE 24, 1963. THE CITY OF TIGARD ORDAINS AS 'P"OLLOWS: CHAPTER I - PREAMBLE ia fl u t t pursuant nrdine 1#67-18 Section 1; The City Council .t�. us a,v - �---- anc- .___. adopted by the Council on February 27, 1967, the final report of the City Planning Commission in the form of a zoning ordinance was duly filed with the City Recorder along with recommend- ations of the Commission for the adoption thereof, and that a public hearing was by said ordinance called to be held by the City Council on Monday, March 13, 1967 at the hour of 8: 00 p.m. in the Council chambers of the City Hall, Tigard,Oregon, for the purpose of afford- ing all persons particularly interested and the general public an opportunity to be heard with respect to said report of the City Plan- ningCommission; and the Council further finds that due and regular notice of the hearing to be held by the Council on March 13, 1967 was given by the City Recorder by publication in the Tigard Times, a newspaper of general circulation within the City of Tigard, in the issues of March 2 and March 9, 1967, and by posting notice of said hearing in not less than three public and conspicuous places in the City of Tigard for a like period prior to March 13,1967. Section 2: The Council finds that pursuant to Ordinance #67-18 duly passed by the Council on February 27, 1967, the public hearing thereby called to be held, was duly and regularly held on March 13, 1967 at 8:00 p.m. in the Council chambers of the City Hall, Tigard, Oregon, at which time and place all persons particularly interested and the general public were afforded an opportunity to be heard, and were heard, with respect to the report of the City Plan- ning Commission, and that said hearing was duly conducted and closed. mection J: The City Council finds that said report and ordinance proposed for adoption by the City Planning Commission and the zoning districts thereby defined are in the public interest and are reasonable, proper and necessary for the health, comfort, convenience, preservation of the public peace, safety, morals, order ` and the public welfare, and are appropriately designed to promote the public health, safety and general welfare giving reasonable con- sideration, among other things, to the character of each district,. its peculiar suitability for particular uses, the conservation of ■ property values and the direction of building development in accord- ance with a well-considered plan, and are uniform for each class of buildings throughout rare district, secure safety from fire and other danger and make provision for adequate light, air and reason- able access, and in all manner of things conform to the require- ments of law. CHAPTER 110 - GENERAL PROVISIONS SECTION 100.-1 - SHORT TITLE This ordinance shall be known as the "CITY OF TIGARD ZONING ORDINANCE OF 195711, and may be cited as such. SECTION 100-.2 - PURPOSES The several purposes of this ordinance are: to encourage the most appropriate use of land; to conserve and stabilize the value of property; to aid in the rendering of fire and police protection; to provide adequate open space for light and air; to lessen the con- gestion on streets; to give an orderly. growth to the city; to prevent undue concentrations of population; to facilitate adequate provisions for community. utilities and facilities such as water, sewage, elec- trical distribution systems, transportation, schools, park and other public requirements; and in general to promote public health, safety, convenience and general welfare. SECTION 100.-.3 - COMPLIANCE WITH ORDINANCE PROVISIONS No structure or premises shall hereafterbe used or occupied and no structure or para thereof shall be erected, moved, reconstructed, extended, enlarged, or altered contrary to the provisions of this ordinance. SECTION 100.-4 CLASSIFICATION OF ZONES All area within: the .corporate. limits of the City. of Tigard ishereby divided into zone districts, and the use of each 'tract and ownership of land within the corporate limits shall be limited to. those uses permitted by: the zoning classification applicable to. such tract as hereinafter. designated. The zoning districts: within the City of Tigard are hereby: classified and designated as follows: Zone Abbreviated Designation Single Family Residential R-7 91 -15 st n �r R-30 Multi:-Family Residential A-2 . General Commercial ' C--3 Neighborhood Commercial C- General Industrial M-2 Light Industrial M-3 Industrial Park M- . i r Gen. Provisions - 100 k SECTION 100-5 - ZONING MAP i a. The boundaries of each of the foregoing districts and the zoning classification and use of each tract in each of said zoning dis- tricts is hereby prescribed to coincide with the identifying zone classifications shown on the map entitled "Zoning Map of the City of Tigard" dated with the effective date of this ordinance and signed by the Mayor and City Recorder and hereafter referred to as the "zoning map" and said map by this reference is made a part of this ordinance. b. Each lot, tract, parcel of land or portion thereof within the zone boundaries as designated and marked on the zoning map, is hereby classified, zoned and limited to the uses as hereinafter specified and defined for the applicable zone classification as listed in Section 100-5. C. The signed copy of the zoning map shall be maintained without change on file in the office of the City Recorder. . All .subsequent changes as from time to time they may be authorized, and the date of the latest change, ordinance number authorizing each .change, and the current zoning classification with respect to each tract -- shall be promptly entered on supplementary maps to be maintained currently by the City Recorder. SECTION 100-6 - ZONE BOUNDARIES Unless otherwise specified, zone boundaries are lot lines, the center line of streets, and railroad right-of-way, or such lines. exten.ded. Where a zone boundary divides a lot between two zones, the entire lit may be placed in the zone that accounts for the greater area of the the boundaries, provided the boundary adjust- lot by the adjustment of .sa.. ment is a distance of Tess than 20 feet. SECTION 100-7 - ZONING OF ANNEXED AREAS Zoning regulations applicable to an area prior to annexation :to .the city ,shall continue to apply and shall be enforced by the ..city.,_until a zoning plan for the area has been adopted by the city.council. The council may, in an ordinance_annexing property to the city, place the property or any part thereof, in a zoning classification, upon recommendation from the planning commission, provided the resolutions, ordinances and notices required to be given in the annexation:.pro- ceedings contain a declaration of the city's intention to .place- the annexed property or any part thereof in the zoning classification. 2 R-7,15,30 CHAPTER 110 - SINGLE FAMILY RESIDENTIAL ZONES R-7, R-15 and R-30 SECTION 110-1 USES PERMITTED OUTRIGHT In an R-7, R-15 or R-30 zone the following uses and their accessory uses are permitted outright. as Single Family Dwellings. b. Agricultural use of land, such as truck gardening, horticulture, but excluding commercial buildings or structures and excluding the raising of animals other than normal household pets. SECTION 110-2 - CONDITIONAL USES PERMITTED In an R-7, R-15 or R-30 zone the following uses and their accessory uses are permitted as conditional uses when in accordance with Chapter 250. a. Duplex Residential, with a minimum lot size of 8,000 sq. ft. b. Planned Residential Development with a minimum lot size. of 20,000 sq. ft. or 3,000 sq. ft. per dwelling unit whichever is greater and subject to the following additional requirements: 1. Planned Residential. Development shall be comprised of such combinations of types of dwellings and other structures and uses as shall be authorized by the Planning Commission, but the Commission shall authorize only those types of dwellings and other structures and uses as will: Conform to the offi- cial development plan of the City of Tigard; be capable of a c oblesJ. —v'e design nr%nci stent with the protection of public health, safety and welfare in general; afford reasonable pro- tection to the permissable uses of immediate adjacent proper- ties surrounding the site; be suited to the capacity of exis- ting and proposed community utilities and facilities. 2. " Applications for a conditional use permit for a Planned Resi- dential Development shall be accompanied with an overall. de- velopment plan showing: Bind, location, bulk and capacity of structures and uses; location and identification of.open spaces, streets and all other means for pedestrian and vehicular cir- culation, parks, recreational areas and other non-building sites; provisions for automobile parking and loading; land- scaping and forestry features; general nature and location of public and private utilities and other communicative facili- ties and services (including maintainance facilities) . 3. The Planning Commission may attach conditions to the approval of a planned Residential Development which it feels..are neces- sary to protect the public interest and carry out the. purpose of this ordinance. Said conditions shall be clearly noted on ° the site plan of the proposed development and/or in the min- Utes of the Planning Con�-nission. Said site plan and/or 3 R-7,15,30 minutes shall remain on permanent file in the City Building-Department to insure conformity with all conditions imposed by the Planning Commission. c. Grocery store not exceeding 1;000 square feet in floor area, d. Boat Moorage. e. Cemetaries. f. Churches and accessory uses, g. Colleges. h. Community buildings (public) . i. Governmental structure or land use including public park, playground, recreation building, fire station, library or museum. j. Greenhouse. k. Home occupations. 1. Hospital, sanitarium, rest home, home for the aged, nursing home or convalescent home, M. Railroad right-of-way. n. School: Nursery, primary, elementary, junior high .or. senior.high, college or university, private, parochial or public. o. Two-family dwellings with minimum lot size as required in the A-2 zone. p. Utility substation or pumping station with no equipment storage, and lines which are essential to the functioning and servicing of residential neighborhoods. q. Any business, service, processing, storage or display essential_ or incidental to any permitted use in this zone -and not conducted entirely within an enclosed building. r. Golf course, country club, private club. SECTION 110-3 - LOT SIZE IN AN R-7 ZONE In an R-7 zone the lot size shall be as follows: a. The minimum lot area shall be 7,0000 square feet. b. The minimum average lot width shall be 70 feet, c. The maximum lot coverage shall be 35%. SECTION 110-4 LOT SIZE IN AN R-15 ZONE In an R-15 zone the lot size shall be as follows: a. The minimum lot area shall be 15,000 square feet. by The minimum average lot width shall be 100 feet. c. The maximum lot coverage shall be 35%. SECTION 110-5 LOT SIZE IN AN R-30 ZONE law In an R-30 zone the lot size shall be as follows: a. The minimum lot area shall be 30,000 square feet. b. The minimum average lot width shall be 150 feet, c. The'maximuxn lot coverage shall be 35%. R-7,15,30 SECTION 110-6 - SETBACK REQUIREMENTS IN R-7, R--15 ZONES Except as may otherwise be provided ?..n Section 210-8 the setbacks in an R-7 or R-15 zone shall be as follows: a., The front yard setback shall be a minimum of 20 feet. b. The side yard setback shall be a minimum of 5 feet for a one story building, 6 feet for 1 1/2 and 2 story buildings and 7 feet for a 2 1/2 story building. c. On corner lots the setback shall be 20 feet on each side facing a street other than an alley. d. The rear yard setback shall be a minimum of 15 feet. SECTION 110-7 - SETBACK REQUIREMENTS IN R-30 ZONE Except as provided in Section 210-8 the setbacks in an R-30 zone shall be as follows: a., The front yard setback shall be a minimum of 30 feet. b. The side yard setback shall be a minimum of 5 feet for_a .one story building, 6 feet for 1 1/2 and 2 story buildings and 7 feet for a 2 1/2 story building. C. On corner lots the setback shall be 20 feet on each side facing a ;street other than an alley. d. The rear yard setback shall be a minimum of 25 feet. SECTION 110-8 - HEIGHT OF BUILDINGS Except as provided in Section 210-9 , no building in an R-7, R-15 or R-30 zone shall exceed a height of 2 1/2 stories or 35 feet which- ever is less. SECTION 110..-9 - ADDITIONAL REQUIREMENTS Additional requirements applicable to this zone include but are not limited to the follow7ings a. Off-street parking and loading - see Chapter 190 b. Access and egress - see Chapter 200 C. Enclosure and screening required - see Section 210-6 d.- Signs, advertising signs and structures - see Chapter 300 e. Fire zones- see Section 210-10 f. Nuisances prohibited - see Section 210-5 5 A-2 CHAPTER 120 - MULTI-FAMILY RESIDENTIAL ZONE A-2 SECTION 120-1 - USES PERMITTED OUTRIGHT No building structures or land shall be' used and no building or struc- ture shall be hereafter erected, enlarged or altered in this zone except for the following uses: a. A use permitted outright in an R-7, R-15 or R-30 zone. b. Two family dwelling. c. Apartment dwellings. d. Boarding house, lodging or rooming house. SECTION 120-2 - CONDITIONAL USES PEP14ITTED In this zone the following uses and their accessory uses are permitted as conditional uses when authorized and in accordance with Chapter 250. a. A conditional use as permitted in an R-7, R-15 or R-30 zone. b. Auditorium, exhibition or public assembly room. e.. Golf course, country club, private clubs. d. Lodges and fraternal organizations. ` e. Medical, dental or other professional office or clinic. f. Mobile home park (must be 5 acres or more and must front on a mayor arterial for a distance of no less than 100 feet with screening as presently provided in Section 210-5) . g. Railroad right-of-way. h. Any business, service, processing, storage or display essential or incidental to any permitted use in this zone and not conducted entirely within an enclosed building. SECTION 120-3 - LOT SIZE In this zone the lot size shall be as follows: a. The minimum lot area shall be 7,000 square feet. When used. for multi-family residential purposes the minimum lot area shall be according to the following table: Number of Units Square Feet Per Unit Plus Square Feet 1 7,000 2 4,000 3 to 20 2,000 + 4,000 21 to 37 1,750 + 9,250 38 to 63 1,500 + 18,500 64 and up1,000 + 50,000 b. The minimum average lot width shall be 60 feet except on "a cul- de-sac where minimum width shall be 60 feet at the building linea 6 A-2 V Shall r:c3 occupy more than the following percentage of the lot area: t�,tlnibet r Dw:i-i i-tri; Units percent of Lot Coverage 35% 2 a.td .3 40% :r to 20 45% 2 3 to 37 50% ."i8 and up 55% SECTIO1 1, 20-4 - S.:;TBACK F<BQUY?FMENTS Except a." be prov ded in Sect4on 210-8, the setbacks for uses :lit rofle a1 i1.b- _.,e as follows: a.: The Aron L, yar(z setbcick shall. be a minimum of 20 feet for a one �Lc�r 1) i. di-iq, and would increase as the building height increases: Two .�toi ies - .70 .keel.; two--and--one-half stories and over - 35 feet. 1) The sirs.. v:tL s �a1 ' ii'3 a fainirnum of 5 feet for one story, 7 feet fc t '-. is z �� 3 r i0 f vet for 2 stox ie_s and 12 feet for 2 1/2 ste cls . t:s s= tbacK. shall. be 20 feet on any vide faun¢ n �r_t . G 4 r',r_r c'tY t,har: uzi alley. d, mhe rtar yF.iei slra i i be the same as side yards e. vvuerl E ;ipa Ul,cn- houses are grouped as one project on one tract of -id , he rilin:irtitum distance between two buildings at any given point shall not. be 1.=ass than the sum of the required side yards computed scE,L..ara.tely iot each building at that point. SEC' DO 2'0 .5 L11a"I;;H" OF' BUILDINGS Except as otherwise provided in Section 210-9 , no building in this zone shall exceed a height* of 2 1,/2 stories of 35 feet whichever is less. SECTION 120-6 ADDITIONAL REQUIREMENTS Addikwra_xa1. requirements applicable tc -his zone include but are not limited: to 'he fc Il.aw7_ng: a Off-street perking and loading - see Chapter 190 b: Access and egress - see Chapter. 200 c. Apartment dwellings - (Provided that any common boundary between an A-2 zone and any other residential zone be screened by a fence with a height of not less than five (51 ) feet and not more than seven W ) feet, the erection of whish shall be the responsi- bility of the pioperty ownership in the A-2 zone°) (Also Section 210-6 d. Sig-, advertising signs anus structures - see Chapter 300 at` e; Fire zones see Section 210-10 f. Nuisances prohibited - see Section 210-5 7 C-3 CHAPTER 140 - GENERAL COMMERCIAL ZONE C-3 SECTION 140-1 - USES PERMITTED OUTRIGHT No buildinq structures or land shall be used and no building or struc- ture shall hreafrer be erected, enlarged or altered in this zone except for the following uses: a. Any use permitted in a C-4 Zone. b. Appliance store (incidental repairs only) . C. Bank, loan company, or other financial institution . d. Buepiinting, photostating or other reproduction process, P e. Business machines, retail sales and service. f. Commercial schools such as business colleges, music conservatories and trade schools. g. Department or furniture store. h. Film exchange. i. Frozen food locker (family use only) . j. Hotels. k. Instruments, scientific or professional (repair shop) . 1. Jewelry store. M. Medica:;.-dental clinic. n. Motel o. Motion picture theater (not drive-in) . p Newsstand q. Professional or commercial office building. r. Real estate office. S. Record shop t .. Restaurant (except drive-in) . U. Sporting goods sore. v-, Variety store. SECTION 140-2 - CONDITIONAL USES PERMITTED in this zone the following uses and their accessory uses are permitted- as conditional uses when in accordance with Chapter 250. a. Any conditional use as permitted in a C-4 zone. b. An, enterprise, including billiard or poolhall, bowling alley, boxing arena, dance hall. c. Auditorium, exhibition hall or other prblic assembly. d. Automobile and trailer sales area. e. Automobile arcessbr�t sales. f. Automobile repairs, painting and upholstery. g. Catering establishment, h'. Churches and accessory uses, i. Cleaning establishment. I j. Colleges. f k. Community buildings (Public) ffi 1. Drive-in business (=except drive-in theaters) offering goods and services directly to customers waiting in parked motor vehicles. M. Drive-in theater. n. Feed store. 8 f i . 1 C-3 a. Governmental structures or land uses not including schools. p, Hospitals, convalescent, general, home for the aged. q- Hinkel (residential) . r. Libraries. I S , Lodges , fraternal organizations . t . Lumber yard. u. I u el (with 'kitchens) . V. Museums. W4 Parks and playgrounds (public) . X. Pet shop, y. Plumbing, electrical or general contractor and shop. Z. Printing shop and newspaper publishing. aa:: Private club. bb. Radio or T.V. ser Ice CC. Second hand store. dd. Tavern or cock+ai.l lounge. ee. Tire shop and retreading. ff. V-eier.inarians c3ff'ice or animal hospital. gg. Any business, .service, processing, storage or display essential or incidental to any permitted use in this zone and not conducted en- tirely within an enclosed building. SECTION 140-3 - LOT SIZE in this zone the lot size shall be as follows: a. The minimum lot area shall be 6,000 square feet. b. The minimum lot width shall be 60 feet. c: 1-No 11'.aximLIM .lot coverage shall be required. SEC` IO14 140 - SETBACK F;EQUIREMENTS Except as may otherwise be provided in Section 210-8, the setbacks for non-residential uses in this zone shall be as follows: a. No front yard setback shall be required in this zone. b No side yard setback shall be required, except when abutting a residential zone, a side yard of 5 feet shall be required. c. No rear yard setbact shall be required except when abutting a residential zone, a rear yard setback of 25 feet shall be required. SECTION 140-5 - HEIGHT OF BUILDINGS Except as otherwise provided in Section 210-9, no building in this zone shall exceed a height of 3 stories or 35 feet whichever is less, 9 C-4 CHAPTER 150 - NEIGHBORHOOD COMMERCIAL C-4 SECTION 150-1 - USES PERMITTED OUTRIGHT No building structures or land shall be used and no building or struc- ture shall be hereafter erected, enlarged or altered in this zone except for the following uses: a. Bakery, provided any manufacture of goods is limited to goods retailed on the premises only. b. Barber shop. C. Beauty parlor. d. Collection station for dry cleaning or laundry. e. Delicatessen store. f. Doctor or dentist. q. Drug store or pharmacy including incidental fountain service but not including any other use unless specifically permitted under this section. h. Florist or flower shop. i. rift shop. j. Grocery store. k. Laundromat. 1. Meat market. M. Shoe repair. n. Stationery and book store. o. Tailor shop, dress shop, clothing store. Other similar service or retail use, if approved by the Planning Commission and subject to the same conditions. SECTION 150-2 - C014DITIONAL USES PERMITTED In this zone the following uses and their accessory uses are permitted as conditional uses when in accordance with Chapter 250. a. Conditional use, as permitted in an A-2 zone. b. Garden supply store C. Home occupations. d. Multi-family dwelling subject to the regulations of an ,7�-2 zone. e. Public utility. f. Restaurants. g. Service stations. (Incidental repairs only) h. Any business, service, processing, storage or display essential or incidental to any permitted use in this zone and not conducted en- tirely within an enclosed building. SECTION 150-3 - LOT SIZE In this zone the lot size shall be as follows: a. The minimum lot area shall be 6,000 square feet. b. The minimum lot width shall be 60 feet. c The maximum lot coverage shall be 60%. 10 C-4 SECTION 150-4 - SETBACK REQUIREMENTS Except as may otherwise be provided in Section 210-8, the setbacks for non-residential uses in this zone shlll be as follows: a. The front yard setback shall be 20 feet. b. No side yard setback shall be required, except when abutting a resi- dential zone, a side yard setback of 5 feet shall be required. c. No rear yard setback shall be required except when abutting a resi- dential zone, a rear yard setback of 25 feet shall be required. SECTION 150-5 - HEIGHT OF BUILDINGS Except as otherwise provided in Section 210-9, no building in this zone shall exceed a height of 3 stories of 35 feet Whichever is less. SECTION 150-6 - ADDITIONAL REQUIREMENTS Additional requirements applicable to this zone include but are not limited to the following: a. Off-street parking and loading - see Chapter 190 b. Access and egress - see Chapter 200 c Enclosure and screening required - see Section 210-6 d. Signs, advertising signs and structures - see Chapter 300 e. Fire zones - see Section 210-10 f. Nuisances prohibited see Section 210-5 r . 11 M-2 CHAPTER 160 - GENERAL INDUSTRIAL ZONE M-2 SECTION 160-1 - USES PERMITTED OUTRIGHT No building structures or land shall be used and no building or struc- ture shall hereafter be erected, enlarged or altered in this zone except for the following uses: a. Any use allowed in an M-3 and M-4 light industrial zone. b. Automobile rebuilding, reconditioning, assembling, painting, upholstering, or truck repair or overhauling. C. Assembly plants. d. Batteries; the manufacture and rebuilding of. e. Bottling plant. f. box factory. g. Coffee roasting. h. Coffin; manufacture of. i. Cold storage plant. j. Feed and fuel storage. k. Flour milling, grain storage or elevator. 1. Fruit packing and processing. M. Furniture; manufacture of. n. Heating equipment; manufacture of. • o. Machine shop. p. Paper products; manufacture of but not including the manufacture of paper itself. q. Paint; mixing and manufacture of, r. Pickle, sauerkraut or vinegar manufacture. S. Stone, marble and granite grinding, dressing and cutting. t.. Tool and hardware manufacture. U. Trailer, manufacture of. v. Wallboard, manufacture of. W. Weaving of cotton, wool, flax and other fibrous materials. x. Wood yard. SECTION 160-2 - CONDITIONAL USES PERMITTED in this zone the following uses and their accessory uses are permitted as conditional uses when in accordance with Chapter 250. a. Conditional use as permitted in an M-3 zone. b. Brewery. c. Can manufacture. d. Cannery. e. Drive-in theaters. f. Foundary. g. " Gravel mining or rock crushing., h. Junk, rags, paper or metal storage, collection or baling. is Radio and T.V. transmitters: j• Slaughter house. k. Soap and cleaning compounds manufacture. 12 m-2 1. Any business, service, processing, storage or display essential or incidental to any permitted use in this zone and not conducted entirely within an enclosed building. SECTION 160-3 - LOT SIZE In this zone the lot size shall be as follows: a. The minimum lot area shall be 6,000 square feet. b. The minimum lot width shall be 60 feet. c. No maximum lot coverage shall be required. SECTION 160-4 - SETBACK REQUIREMENTS Except as may otherwise be provided in Section 210-8, the setbacks for non-residential uses in this zone shall be as follows: a. The front yard setback shall be 30 feet. b. The side yard setback shall. be 20 feet, except when abutting or across the street from a residential zone, a sideyard of 40 feet shall be required. c. The rear yard setback shall be 20 feet, except when abutting or across the street from a residential zone, a rear yard setback of 40 feet shall be required. SECTION 160-5 - HEIGfr OF BUILDINGS Except as otherwise provided in Section 210-9, no building in this zone shall exceed a height of 3 stories or 35 feet whichever is less. SECTION 160-6 - ADDITIONAL REQUIREMENTS Additional requirements applicable to this zone include but are not limited to the following: a. off-street parking and loading - see Chapter 190 b. Access and egress - see Chapter 200 C, Enclosure and screening required - see Section 210-6 d. Signs, advertising signs and structures - see Chapter 300 e. Fire zones - see Section 210-10 f. Nuisances prohibited - see Section 210-5 13 M-3 i CHAPTER 170 - LIGHT INDUSTRIAL ZONE M-3 SECTION 170-1 - USES PERMITTED OUTRIGHT No building, structures or land shall be used, and no building or structure shall hereafter be erected, enlarged or altered in this zone, 4. except for the following uses: F a. Assembly of electrical appliances, electronic instruments and devices, radios, phonographs, television, including the manufac- ture of small parts only. b. Assembly (only) of metal r'w illcts. p u aintin and holstering. c. Automobile repairs, pg, d. Boat building. e. Book bindery. f, Creamery. g, Dairy products; manufacture of (other than creamery) . h. Feed and seed processing. i. Gloves, manufacture of. photo, or motion 7 , Laboratories: Experimental, dental, medical, p picture, research or testing. ! k. Laundry or dry cleaning plant. 1. Lumber yard. processing, packaging or treatment of - m. Manufacture, compounding, such products as bakery goods, candy, cosmetics, dairy products, food and beverage products. n. Manufacture and maintenance of electric and neon signs, bill- boards or commercial advertising structures. o. Medicines; manufacture of. p. Musical instruments, toys, novelties, or rubber or metal stamps; manufacture of. q. Optical goods, scientific and precision instruments and equipment; manufacture of. r, Planing mill. s. Plastics; molding of, including the manufacture of products there- of, provided all grinding operations are conducted within a. building. t. Plumbing, electrical or general contractor and shop. u. Plywood sales. V. pottery and other similar ceramic products; manufacture of. w. Public service and utility. x. Sash and door manufacture. y. Shops: Sheet metal, machine and welding. dentures, Z. Surgical instruments and dressings, artificial limbs, hearing aids and other devices employed by the medical and den- tal professions; manufacture of. aa. Veterinarian or animal hospital. bb. Warehousing cc. Wholesale distribution or sales business. 14 i i M-3 _ SECTION 170-2 - CONDITIONAL USES PERMITTED In this zone the following uses and their accessory uses are-permitted as conditional uses when in accordance with Chapter 250. a. Conditional use as permitted in M-4 zone. b. Contractors equipment storage. c. Drive-in theaters. d. Fuel oil distribution (home use only) . e. Gravel mining or rock crushing. f. Radio and T.V. transmitters. g. Railroad right of way. h. Any business, service, processing, storage or display essential or incidental to any permitted use in this zone and not conducted entirely within an enclosed building. SECTION 170--31 � LCT SIZE uE In this zone the lot size shall be as follows: a. The minimum lot area shall be 6 ,000 square feet. n b. The minim„n, lot width shall be 60 feet. C. No maximum lot coverage shall be required. SECTION 170-4 - SETBACK REQUIREMENTS Except as may otherwise be provided in Section 210-8, the setbacks for non-residential uses in this zone shall be as follows: a. The front yard setback shall be 30 feet. b. The side yard setback shall be 20 feet, except when abutting or across the street from a residential zone, a sideyard of 40 feet shall be required. c. The rear yard setback shall be 20 feet, except when abutting or across the street from a residential zone, a rear yard setback of 40 feet shall be required. SECTION 170-5 - HEIGHT OF BUILDINGS Except as otherwise provided in Section 210-9, no building in this zone shall exceed a height of 3 stories or 35 feet whichever is less. SECTION 170-6 ADDITIONAL REQUIREMENTS Additional requirements applicable to this zone include but are not limited to the following: a. Off-street parking and loading - see Chapter 190 b. Access and egress see Chapter 200 c. Enclosure and screening required - see Section 210-6 d. Signs, advertising signs and structures _ see Chapter 300 e. fire zones - see Section 210-10 f. Nuisances prohibited - see Section 210-5 15 M-4 Y CHAPTER 180 - INDUSTRIAL PARK ZONE M-4 SECTION 180-1 - USES PERMITTED OUTRIGHT - INDUSTRIAL PARK No building structures or land shall be used and no building or structure shall hereafter be erected, enlarged or altered in this zone except for the following uses: a. Assembly and manufacture of electrical appliances, electronic instruments and devices, radios, phonographs and television and components thereof. b. Assembly (only) of metal products. C. Batteries; manufacture of. d. Dairy products, manufacture of (other than creamery) . e. Laboratories: experimental, dental, medical, photo or motion pic- ture research or testing. s ,`., t•�tt_ using only -r_. :raGttre of ceramic product ev-rexm-- Marized clay. g, Manufacture of musical instruments. h, Manufacture of optical goods, scientific and precision .instruments and equipment. i. Manufacture of artificial limbs , dentures, hearing aids, surgical instruments and dressings, and other devices employed by the medical and dental professions. j . Manufacture, compounding, processing, packaging or treatment of such products as bakery goods, ca :dy, cosmetics, dairy products, toilet soap, toiletries (excluding the refining and rendering of fats and oils) and food and beverage products. k. Medicines and pharmaceuticals, the manufacture of. 1. Office buildings, bank. M. Plastics; molding of, including the manufacture of plastic products. n. Research, development and testing laboratories. o. Restaurant; when related. to the above uses only. p. Warehousing; when related to the above uses only. s, Dwelling unit for watchman and his family. SECTION 180-2 - CONDITIONAL USES PERMITTED - INDUSTRIAL PARK In this zone the following uses and their accessory uses are permitted as conditional uses when in accordance with Chapter 230. a. Automobile- service station. b. Fruit packing and processing. c. Furniturc; manufacturing of. d. Heating equipment; manufacture of, e. Machine shop, welding shop. f. Paper products; manufacture of but not including the manufacutre of paper itself. g. Railroad trackage and related facilities h. Public utility (such as water tower, sub-station etc. ) . i, Tool and hardware manufacture. j. Trailer, manufacture of. 16 M-4 k. Warehousing and wholesale distribution. 1 Weaving of cotton, wool, flax and other fibrous materials. the m. Any other use held similar to the above uses, as app y Planning Commission. ri. Any business, service, processing, storage or display essential incidental to any permitted use in this zone and not conducted ontirely within an enclosed building. o. Building or structure in excess of two (2) stories or 25 feet in height whichever is less. SECTION 180-3 - LOT SIZE - INDUSTRIAL PARK In this zone the lot size shall be as follows: a. The minimum lot area shall be 40,000 square feet. b. The minimum lot width shall be 100 feet. SECTION 3.80-4 - SETBACK REQUIREMENTS - INDUSTRIAL PARK Except as may otherwise be provided in Section 11, the setbacks for non-residential ases in this zone shall be as follows: a. The front yard setback shall be 40 feet, except when across the street from a residential zone, a front yard setback of 50 feet shall be required. b. The side yard setback shall be 20 feet except when abutting or across the street from a residential zone, a side yard setback of 50 feet shall be required. c. ' The rear yard setback shall be 20 feet, except when abutting or across the street from a residential zone, a rear yard setback of 50 feet shall be required. d. Offstreet parking may be located within any required yard except that where located within a side or rear yard .adjacent to any residential zone, parking shall be screened from said adjacent residential zone. if parking is to be located within any required front yard, the first twenty feet within said yard will be retained as landscaped area. SECTION 180-5 BUILDING HEIGHT - INDUSTRIAL PARK Buildings in this zone shall not exceed a height of three (3) stories or 35 feet whichever is less except as provided under the conditional use provisions of this ordinance, in which case the maximum permitted height may be increased to 75 feet provided that all yards adjacent to said building shall have a minimum depth of not less than one- half the height of said building. SECTION 180-5 - ENCLOSURE OR SCREENING REQUIRED - INDUSTRIAL PARK a. Except as otherwise permitted under the Conditional Use Provisions of this zone, all business, service, repair, processing, storage or merchandise display shall be conducted wholly within an enclosed building. 17 M-4 b. When permitted under the Conditional Use Provisions of this zone all business, service, repair, processing, storage or merchandise display not conducted within an enclosed building shall be screened from the view of all adjacent properties by a sight obscuring fence not less than six feet in height and/or by land- scaping of such a height and density as may be prescribed by the Planning Commission. SECTION 180-7 - LANDSCAPING - INDUSTRIAL PARK a. Properties abutting a residential district shall provide and maintain an evergreen landscape buffer, according to the plot plan and approved by the Planning Commission. b. Yards adjacent to streets and those abutting a residential district shall provide lawn and trees and shrubs and shall be maintained in a manner providing a park-like character to the property. c. Other yards and unused property shall be planted in grass or other suitable ground cover and properly maintained. SECTION 180-8 - ADMINISTRATION - INDUSTRIAL PARK a. Application for Building Permits in an industrial Park Zone shall be accompanied by the information needed to satisfy the building code plus the following 1. A plot plan of the property showing the location of all present and proposed buildings, drives, parking lots, land- scaping plan, waste disposal fields and other construction features on the property; and all buildings, streets, -alleys, highways, streams and ether topographical £eatures .outside of the property for one hundred (100) feet from all proper- ty lines. 2. A description of the industrial operations proposed in suf- ficient detail to indicate the effects of those-operations in producing traffic congestion, noise, toxic or noxious matter, vibrations, odors, heat, glare, air polution, wastes and other objectionable effects. 3. Engineering and architectural plans for the treatment and disposal of sewage and industrial wastes and any on-site disposal of wastes. 4. Engineering and architectural plans for handling of any excess traffic congestion, noise, glare, air pollution, fire hazard or safety hazard. 5. Designation of the fuel proposed to be used and any necessary architectural and engineering plans for controlling smoke or particulate matter. f 18 t m-4 6. The proposed number of shifts to be worked and the maximum number of employees on each shift. b. If found necessary and upon request of the City, information suf- ficient to determine the degree of compliance with the .standards of this ordinance shall be furnished by the industry. Such request may include a requirement for continuous records .of . operations likely to violate the standards, for periodic ..checks to assure maintenance of standards, or for special_surveys .in the event it appears a violation is in progress. t 19 ,- Parking - 190 CHAPTER 190 - OFF-STREET PARKING AND LOADING SECTION 190-1 - GENERAL PROVISIONS a. The provision and maintenance of off-street parking and loading spaces are continuing obligations of the property owner. No building or other permit shall be issued until plans are presented that show property that is and will remain available for exclusive use as off-street parking and loading space. The subsequent use of j property for which the building permit is issued shall be conditional upon the unqualified continuance and availability of the amount of parking and loading space required by this ordinance . Should the j owner or occupant of a lot or building change the use to which the lot or building is put, thereby increasing off-street parking or loading requirements, it shall be unlawful and a violation of this ordinance to begin or maintain such altered use until the required increase in off-street parking or loading is provided. 6 b. Owners of two or more uses, structures, or tiarcels of land may agree to utilize jointly the same parking and loading spaces when the hour: of operation do not overlap, provided that satisfactory legal evidence is presented to the building inspector in the form of deeds, leases, or contracts to establish the joint use. c. A plan drawn to scale, indicating how the off-street parking and loading requirement is to be fulfilled, shall accompany the request; for a. building permit. The plan shall show all those elements necessary to indicate that these requirements are being fulfilled and shall include but not be limited to: i s 1. Delineation of individual parking g Paces. 2 Circulation area necessary to serve spaces. 3. Access to streets, alleys and properties to be served. 4. Curb cuts. 5. Dimensions, continuity and substance of screening. 6. Grading, drainage, surfacing and subgradirg details. 7. Delineations of all structures or other obstacles to parking and circulations on the site. B. Specifications as to signs and bumper guards. �. SECTION 190-2 -- OFF-STREET PARKING a. At the time of erection of a new structure or at the time of enlarge- ment or change in use of an existing structure within any zone in city off-street parking spaces shall be as provided in this section. _t In case of enlargement of a building or use of land existing on the effective date of this ordinance, the number of parking and loading 20 PARKING - 190 spaces required shall be based only on floor area or capacity of such enlargement.. If parking space has been provided in connection with an existing use or is added to an existing use, the parking space shall not be eliminated if elimination would result in less space than is specified in the standards of this section when applied to the entire use. b. in the event several uses occupy a single structure or parcel of land, the total requirements for off-street parking shall be the sum of the requirements of the several uses computed separately. Required parking spaces shall be available for the parking of C. q patrons and operable passenger automobiles of residents, customers, p employees only, and shall not be used for storage of vehicles or materials or for the parking of trucks used in conducting the business or use, and shall not be rented, leased or assignee; to any other person or organization. Such restriction shall not be deemed to prevent the parking of not to exceed, one unoccupied house or camping trailer, and/or not to exceed one pleasure boat, provided however, that required automobile parking space is not thereby infringed upon. do Off-street parking spaces for dwellings shall be located on the same lot with the dwelling. Other required parking spaces shall be located not farther than 300 feet from the building or use they are required to serve, measured in a straight line from the building. e. Required parking spaces shall be improved and available for use at the time of the final building inspection. SECTION 190-3 - STANDARDS OF MEASUREMENT a. Except as otherwise defined in this code, "one space" means a minimum area available for parking 9 feet wide and 20 feet long. No area shall be considered as a parking space unless the plans sub- mitted shall show that the area ,is accessible and usable for that purpose. b. "Square feet" means square feet of gross floor area under roof measured from extension limit or face of a building or structure, excluding only space devoted to covered off-street parking or loading. ,Employees"' means all persons (including proprietor, executives, C. professional people, production, sales and distribution employees) ;, workingthe largest shift.: on the � d. Parking spaces in public streets or alleys shall not be eligible as fulfilling any part of the parking requirements. 21 { t w Parking - 190 SECTION 190-4 - MINIMUM OFF-STREET PARKING SPACES REQUIRED Off-street parking shall be provided according to the following standards and regardless of the zone in which the use is located. USE STANDARD a. Residential uses: 1. Single Family residences - One space for each dwelling unit. 2. Two family dwellings - It " " to 3. Apartment dwelling - Three spaces for each two dwelling units 4. Residential hotel, room- - One space for each guest accomo- ing or boarding house dation. 5. Fraternity or Sorority - One space for each two occupants houses 6. Hotel One space for each one guest room plus one space for each two employees. 7. Motel or tourist court - One space for each guest room or suite plus one space for each two employees. B. Club - Clubs shall be treated as combina- tions of uses such as hotel, res- taurant, auditorium, etc., and the required spaces for each separate use shall be provided. b. institutions : 1. Convalescent homes; In- - A minimum of four spaces per use; stitutions for the aged; in addition, one space for each five institutions for children; beds for patients plus one additional welfare or correction in- space for each two employees. stitutions. 2.. Hospitals A minimum of six spaces per hospi- tal, in addition one space for each two beds, including bassinettes plus one additional snrce for each two employees. c. Public assembly: 1. Church s n mi n a mmm Of six x erces per aiurch in addition, one space for each six seats or twelve feet of bench length. 22 Parking - 190 2, Library - One space for each four hundred v: square feet of gross floor areal plus one space for each two employees. 3. Auditorium or meeting - A minimum of six spaces per assemblyi rooms, except schools in addition, one space for each six seats or twelve feet of bench length. 4. College, commercial - One space for each six seats in class- rooms plus one space for each two employees. 5. Nursery schools, elemen- - Two spaces per teacher; minimum of tary or high schools. eight spaces per school; in addition, one space for each twelve seats or twenty-four feet of bench length in the auditorium or assembly room or, if none, the sum of the classroom seating capacity plus one space for each two employees. 6. Passenger terminal - One space for each five hundred (bus, air or rail) square feet of gross floor area plus one space for each two employees. d. Sports and commercial amusement 1. stadium or race track - One space for each four seats or eight feet of bench length. 2. Indoor arena or theater - One space for each four seats or eight feet of bench length. 3. Bowling alley - Five spaces for each alley, plus one space for each two employees. 4. 1uance hall or skating One space for each one hundred square rinkfeet of gross floor area, plus one space for each two employees. 5. Amusement park - One space for each one thousand square feet of gross area, plus one space for each two employees. e, commercials 1. Retail stores including Minimum three spaces per use and in restaurant, cafe, tavern, addition, one space for each five night club but other than hundred square feet gross floor area, in item "71 below plus one space for each two employees, 2 Service or repair shop - Minimum three spaces per use and in and retail store handling addition, one space for each five bulky merchandise, such hundred square feet of gross floor as automobiles and area, plus one space for each two furnitureemployees. p y 23" Parking - 190 3. Commercial or professional- One space per five hundred square office space feet of floor area plus one space for each establishment plus one space for each two employees. f. industrial : 1. Wholesale or freight ter- - One space for each employee on the rtinal (water, air, rail largest shift. or trucking) 2. Storage - One space for each employee on the largest shift. 3. Manufacturing or pro- - One space for each employee on the cessing largest shift. g. Requirements for types of buildings and uses not specifically listed herein shall be determined by the Planning Commission, based upon the requirements of comparable uses listed. SECTION 190-5 - OFF-STREET LOADING A driveway designed for continuous forward flow of passenger vehicles -for the purpose of loading and unloading children shall be located on the site of any school hawing a capacity greater than 25 students. b. Buildings or structures to be built or substantially altered which receive and distribute material or merchandise by truck shall provide and maintain off-street loading berths in sufficient numbers and size to adequately handle the needs of the particular use. If loading space has been provided in connection with an existing use or is added to an existing use, the loading space shall not be eliminated if elimination would result in less space than is re- quired to adequately handle the needs of the particular use. Off- street parking areas used to fulfill the requirements of this ordinance shall not be used for loading and unloading operations except during periods of the day when not required to take care of parking needs SECTION 190-6 - DESIGN STANDARDS FOR OFF-STREET PARKING AND LOADING a. Groups of more than two parking spaces shall be served by a service drive so that no backing movemerts or othermaneuvering within a street other than an alley will be required. b. Service drives shall be designed and constructed to facilitate the flow of traffic, provide maximum safety of traffic access and egress and maximum safety of pedestrians and vehicular traffic on r 24 M Parking - 190 the site, and shall have a minimum vision clearance area as prt:escribed in Section 210-•9. c. Each parking and/or loading space shall be accessible from a street or other right-of-way and the access shall be of a width and location as described by Chapter 200 - Access and Egress. d. Access aisles shall be of sufficient width for all vehicles turning and maneuvering, and according to the minimum standard shown on Figure #1. e. Except in connection with single family uses, all areas used for the standing or maneuvering of vehicles shall be improved accord- ing to the same specifications as required for city streets. f. Parking spaces along the boundaries of a parking lot shall be provided with a bumper rail or a curb at least 4 inches high located 4 feet within the property lines. g. off-street parking and loading areas shall be drained to avoid flow of water- across public sidewalks. h. Where the boundary of a parking lot adjoins a residential district, such parking lot shall be screened by a sight obscuring fence, as -5 -- Enclosure and Screening Required. prescribed by Section 210 i. Artificial lighting which may be provided shall be deflected so as not to shine directly into adjoining dwellings or other types of living units and so as not to create a hazard to the public use of any road or street. j Signs which are provided on parking lots for the p­rpo$e of directing traffic shall be as prescribed in Chapter 300. s.. �y • u� ; Access - 200 CHAPTER 200 - ACCESS AND EGRESS SECTION 200-1 - GENERAL PROVTSZOUS The following requirements and stanuards shall not apply in any instance where subdivision rules or standards of the City of Tigard are applicable The following provisions and standards are intended to apply where no present or discernible purpose exists to partition one or more parcels of land in contravention or violation of the subdivision laws of the State of Oregon and Ordinances of the City of Tigard. a. The provision and maintenance of access and egress stipulated in this ordinance are continuing requirements for the use of any structure or parcel of real property in the City of Tigard. No building or other permit shall be issued until scale plans are presented that show how access and egress requirement is to be fulfilled. Should the owner or occupant of a lot or building change the use to which the lot or building is put, thereby in- creasing access and egress requirements, it shall. be unlawful and a violation of this ordinance to begin or maintain such altered use until the required increase in access and egress is provided. b. Unless the required access and egress is dedicated to public use by permanent easement or deed, the building inspector shall not issue a building permit until the City Attorney has been presented with satisfactory legal evidence in the form of deeds, easements, leases, or contracts to establish access a;d egress for the duration of the occupancy or use for which access and egress are required. Copies of said deeds, easements, leases or contracts shall be placed on permanent file with the City Recorder. c. Owners of two or more uses, structures, or parcels of land may agree to utilize jointly the same access and egress when the combined access and egress of both uses, structures, or parcels of land satisfies their combined requirements as designated in this ordinance, provided that satisfactory legal evidence is presented to the City Attorney in the form of deeds, easements, leases or contracts to establish joint use. Copies of said deeds, easements, leases or contracts shall be placed on permanent file with the City Recorder. d, All access and egress-; shall connect directly with public streets approved and accepted by the city, for p!iblic use. Vehicular access for residential use shall be brought to within fifty (50) feet of the ground floor entrances or the ground floor landing of a stairway, ramp or elevator leading to dwelling units, or in the case of commercial or industrial uses, vehicular access shall be brought to within fifty (50) feet of the primary ground floor entrances. 26 Access - 200 s e. Required sidewalks shall extend from the ground floor entrances or the ground floor landing of stairs, ramps or elevators to the sidewalk or curb of the public street or streets which provide the required access and egress. f. Applications for building permits shall be referred to the Planning Commission for review when in the opinion of the building official E the access proposed would cause such hazardous traffic conditions to exist or would provide such inadequate access for emergency vehicles or would in any other way, cause such hazardous traffic conditions to exist or would provide such inadequate access for emergency vehicles or would in any other way, cause such hazardous conditions to exist as to constitute a clear and present danger to the public health, safety and general welfare. r g. The standards set forth in this ordinance are minimuntstandards for access and egress, and may be increased by the Planning } Commission in any particular instance where the standards provided herein are deemed insufficient.. � F SECTION 2002 MIN1W.;M ACCESS REQUIREMENTS FOR RESIDENTIAL USES a. Access and egress for Single Family and Duplex Residential uses x. shall not be less than the following; ' MINIMUM MINIMUM PAVEMENT DWELLING UNITS NUMBER REQUIRED MINIMUM WIDTH SIDEWALKS ETC. 1 1 10 ft. none 2 2 . . 10.ft. hard surface pave- . . ment over 80 of or 1 20 ft. required access .,ridth; no curbs or �. sidewalks required 3-5 1 30 ft. 6 and l 50 ft. dedicated street above with standard street improvements. b. Access and egress for Multi-Family Residential uses shall not be less than the following: MINIMUM MINIMUM PAVEMENT � DWELLING UNITS NUMBER REQUIRED MINIMUM WIDTH SIDEWALKS ETC. 3 19 1 30 ft, hard surface pavement over 80% of required access width; no curbs or sidewalks Etguired. 27 ACCESS - 200 MINIMUM MINIMUM PAVEMENT DWELLING UNITS NUMBER REQUIRED MINIMUM WTDTH SIDEWALKS ETC. 20 - 49 1 40 ft. hard surface pavement . . . . over 80% of required access width; no curbs or 2 30 ft or sidewalks required 50 - 100 1 50 ft. hard surface pavement 36 feet wide; curbs required; sidewalks not required. or 2 40 ft. hard surface pavement 32 feet wide; no curbs required; sidewalks not required. _ over 100 as required by as required as required by plan- planning com- by planning ning commission. mission commission SECTION 200-3 — MINIMUM ACCESS REQUIREMENTS FOR COMMERCIAL, AND INDUSTRIAL USES Access and egress for Commercial and Industrial uses shall not be less than the followings REQUIRED MINIMUM MINIMUM PAVEMENT PARKING SPACES NUMBER REQUIRED MINIMUM WIDTH SIDEWALKS FTC. r 99 1 30 ft. hard surface pavement over 80°f of required access width; no curbs required; 5 foot side- walk one side only when abutting dedicated streets with sidewalks. 100 249 2 30 ft. hard surface pavement over 80% of required . . . . . access width; no curbs ` . . required; 5 foot side- 1 50 f: walk one side only when abutting dedicated streets with sidewalks. 250 and as required by as required as required by over planning by planning planning commission. cammiasian commission 28 Access - 200 SECTION 200-4 - WIDTH AND LOCATION OF CURB CUTS a. Minimum curb cut width shall be 15 feet. b. Maximum curb cut width shall be as determined by the City Engineer. C. No curb cuts shall be allowed within five feet of an adjacent pro- perty line except when two adjacent property owners elect to pro- vide joint access to their respective properties, as provided in Section 200-1 (b) . d. No curb cuts shall be allowed within 30 feet of an intersecting street right-of-way. e. There shall be a minimum distance of 30 feet bet.v'een any two adjacent curb cuts on the same property. r, 4 3 29 ... _.._.... ....._.... . t Sup. Provisions - 210 CHAPTER 210 - SUPPLEMENTARY PROVISIONS SECTION 210-1 - AUTHORIZATION OF SIMILAR USES 1 The Planning Commission may rule that a use, not specifically named in the allowed uses of a zone, shall be included among the allowed uses if the use is of the same general type and is similar to the allowed uses. However, this section does not authorize the inclusion of a use specifically listed in another zone. 4 SECTION 210-2 - PROVISIONS REGARDING ACCESSORY USES ry shall comply with all requirements for the principal Accessory uses Y q use except where specifically modified by this ordinance and shall comply with the following limitations: a. fences and }ledges, uncovered decks and similar landscaping features may be located within yards but shall not conflict with vision clearance requirements. b. A greenhouse or hothouse may be maintained accessory to a dwelling � only if there are no sales. C. No separate permit shall be issued for the construction of any type of accessory building prior to that of the main dwelling. SECTION 210-3 - PROJECTIONS FROM BUILDINGS � Cornices, eaves canopies, sunshades, gutters, chimneys, flues, belt ., courses leaders, sills, pilasters, lintels, ornamental features, and other similar architectural features way project not more than two feet into a required yard or into .required open space as established by coverage standards. SECTION 210-4 CONTINJANCE OF MINIMUM ORDINANCE REQUIREMENTS No lot area, yard or other open space or required off-street parking � or loading area existing on or after the effective date of this ordinance shall be reduced in area, dimension or size below the minimum . required by this ordinance, nor shall any lot area, yard or other open space or off-street parking or loading area which is required by this ordinance for one use be used as the list area, yard,or other open space or off-street parkingor loading area requirement for any other use except as provided in Section 210-2 (c) and 150-1 (c) . � 30 Sup. Provisions - 210 SECTION 210--5 - PROHIBITION OF PUBLIC NUISANCES No building, structure,or land shall be occupied or used for any purpose which creates or causes to be created any public nuisance, including but not limited to excessive odor, dust, smoke, cinders, fumes, noise, glare, heat or vibration or any hazard to the general health, safety and welfare as defined by Ordinances of the City of Tigard, Statutes of the State of Oregon, or by the decisions of any court of competent jurisdiction. (See especially Tigard City Ordinance 62-17) SECTION 210-•6 - ENCLOSURE OR SCREENING REQUIRED a. Except as otherwise permitted under the Conditional Use Provisions of this Ordinance, all business, service, repair, processing, ® storage, or merchandise display shall be conducted wholly within an enclosed building. b. When permitted under the conditional Use f'rovisions of this Ordinance, all business, service, repair, processing, storage or merchand_se display not conducted within an enclosed building may be required to be screened from the view of all adjacent properties by a sight obscuring fence not less than five feet nor more than seven feet in height and/or by landscaping of such a height and density as may be prescribed by the Planning Commission. SECTION 210-7 - GENERAL EXCEPTION TO LOT SIZE REQUIREMENTS If at the time of passage of this ordinance, a lot, or the aggregate of contiguous lots held in a single ownership, has an area or dimension which does not meet the lot size requirements of the zone in which the property is located, the lot or aggregate holdings may be occupied by a use permitted outright in the zone subject to the other requirements of the zone and providing, if there is an a ea deficiency, residential use shall be limited to a single-family residence. SECTION 210-8 -- GENERAL EXCEPTIONS TO YARD REQUIREMENTS a. Except for that portion of the setback which is listed in sub- section (b) of this section, the following exception to the front yard requirement for a dwelling is authorized for a lot in any zone. If there are dwellings on both abutting lots with front yards of less than the required depth for the zone, the front yard for the lot need not exceed the average front yard of the abutting dwellings. If there is a dwelling on one abutting lot with a front pard of less than the required depth for the zone, the front yard for the lot need not exceed a depth one-half way between the depth of the abutting lot and the requ9Yed front yard depth. 31 hx b. In all zones, vision clearance areas shall be maintained between all intersecting streets (except alleys) extending twenty feet (201 ) back from the right-of-way intersection along both sides of the spaces between the intersecting streets. Except for occasional tree trunks or poles, these areas shall be maintained without sight obstruction of any kind for a vertical distance between three feet (3') and ten feet (101) above the ground. C. To permit or afford better light, air and vision on more heavily traveled streets and on streets of substandard width; to protect arterial streets; and to have the location of structures compatible with the need for the eventual widening of streets, a yard shall be provided abutting streets and portions of streets hereinafter named which shall be the number of feet set forth below in the ;. right-hand column, measured at right angles to the centerline of tSS1.1 ,_C—" street v and,a, unless otherwise described, measured from the fee title or dedicated right-of-way of the public way. STREET YARD REQUIRED All of S.W. Pacific Highway within City 40 ft. d. To permit or afford better light, air and vision on more heavily traveled streets and on streets of substandard width; to protect arterial streets; and to have the location of structures compatible with the need for the eventual widening of streets, a setback shall be provided abutting streets and portions of streets herein- after named which shall be greater than the required yard dimension specified in the zone by the number of feet set forth below in the right-hand column, measured at right angles to the centerline of the street and, unless otherwise described, measured from the centerline of the street as constructed and improved with a hard surface pavement, or where not paved, from the center line or general extension thereof of the street right-of-way- STREET ADDITIONAL SETBACKS All of S.W. Greenburg Rd. within City 30 ft. ,! ,1. S.W. Walnut St. Is to 30 Yf of It S.W. Highway .217 It is 30 S.W. Tigard Ave. It of 30 to qn 30 " S.W. Burnham St. is „ S.W. Durham Rd. 19 is 30 S.W. 72nd Ave. of of 30 " o0 oa S.W. Pfagfle ofIt 30 se rres n 30 " S.W. McDonald St, 40 �� S.W. Ash Ave. 30 ns ss 3 as ss 0 S.W. Hunziker " " S.W. Bonita Rd. 't „ 30 � 32 C STREET YARD REQUIRED All of S.W. Bull Mt. Rd. within city 30 ft. " S.W. Gaarde " " 30 ft. All existing streets within city with less than 50 feet of right-of-way 25 feet SEC'T'ION 210-9 - GENERAL EXCEPTIONS TO BUILDING HEIGHT LIMITATIONS a. The following types of structures or structural parts are not subject to the building height limitations of this ordinance. chimneys, tanks, church spires, belfries, domes, monuments, fire and hose towers, observation towers, masts, aerials, cooling towers, e:.eva'cor .......at , transmission towers, smokes- tar- flagpoles, radio and television towers, and other similar projections. b. Building heights in any zone mey be increased as a conditional use to a maximum permitted height of 75 feet provided that the total floor area of the buildings does not exceed the area requirement of the zone (if any) and provided that in residential zones all yards shall have a minimum depth of not less than one-half the height of the principal structure. SECTION 210-10 F`I'RE ZONES a. Fire zones as established in the City of Tigard by adoption of the Uniform Building Code, promulgated by the International Conference of Building Officials, shall conform to land use zones or districts and are hereby classified and designated as follows: LAND USE ZONE FIRE ZONA; R Single .Family Residential 3 R-15 3 R.m 30 It 3 A-2 Multi-Family Residential 3 T"_-3 Light Industrial 2 M-2 Industrial Park 2 C-4 Neighborhood Commercial 2 C-3 General Commercial 2 h. Fire zones shall run concurrently with the land use zones and are changed automatically by changes in land use classification as may occur from time to time by amendment to the zoning ordinance 33 Noncon. Uses & Structures - 220 CHAPTER 220 - NONCONFORMING USES AND STRUCTURES SECTION 220-1 - CONTINUATION OF NONCONFORMING USES OR STRUCTURES Subject to the provisions of Sections 220-1 through 220-5, a nonconform- ing structure or use may be continued but shall not be altered or extended, except as provided herein. SECTION 220-2 - AUTHORIZATION TO GRANT OR DENY REINSTATEMENT OF A DISCONTINUED NONCONFORMING USE Following the procedure set forth in Sectio.". 250-1 to 250-4 the Planning --- Commission may authorize the reinstatement or resumption of a dis- continued nonconforming use subject to the following limitations : a. If a nonconforming use is discontinued from active use, it shall not be reinstated or resumed unless specifically approved by the Planning Commission. i b. If a nonconforming use is changed, it shall be changed only to a ' use conforming with the zoning regulations and once changed it { shall not be changed back again to the original nonconforming use. co If a nonconforming structure or a structure containing a noncon- forming use is destroyed or damaged by any cause to an extent re- s quiring the discontinuance of the use while effecting repairs, a future structure or use on the property shall conform to the pro- visions of this ordinance unless reinstatement or resumption of E; the original structure is specifically approved by the Planning z Commission. SECTION 220-3 - AUTHORI74ATION TO GRANT OR DENY ENLARGMENT OF A NON- CONFORMING USE OR STRUCTURE is i Following the procedure set forth in Section 250--1 to 250-2 the Planning Commission may authorize the enlargement of a nonconforming use or structure subject to the following limitations: t; a. A nonconforming use may be permitted to enlarge up to twenty (20) percent in floor area or, in those rases not involving structures,- up to ten (10) percent in land area as existing on the effective l' date of this ordinance. b. _A structure conforming as to use but nonconforming as to setback or yard may be altered or extended providing the alternation or extension does not result in a violation of this ordinance. 3 Noncon. Uses & Structures - 220 SECTION 220-4 - COMPLETION OF BUILDING Nothing contained in this ordinance shall require any change in the plans, alteration, construction, or designated use of a building for which a building permit has been issued and construction work has commenced prior to the adoption of this ordinance, except that if the designated use will be nonconforming it shall, for the purpose of Section 2203, be a discontinued use if not in operation within one year of the date of issuance of the building permit. SE;s,TSuri 220-5 -- UNOCCUPIED BUILLDIN(3 If a building is unoccupied on the effective date of this ordinance, it shall be classified as a discontinued use and a nonconforming use and can be reinstated or resumed under the provisions of Section 220-3 only if such use were the last use of record on the property. SECTION 2206 - APPLICATION FOR REINSTATEMENT OR ENLARGMENT OF A NON-CONFORMING USE A request for reinstatement or enlargement of a non-conforming use may be initiated by a property owner or his authorized agent by filing an application with the City Recoxder. The application shall be accompanied by a fee of $25,00. 35 . . Cond. Uses - 230 CHAPTER 230 � CONDITIONAL USES SECTION 230-1 - AUTHORIZATION TO GRANT OR DENY CONIDITIONAL USES Following the procedures set forth in Section 250-1 to 250-4, uses designated in this ordinance as "conditional uses permitted" may be permitted or enlarged or altered upon authorization of the Planning Commission. In permitting a conditional use the Planning Commission may impose, in addition to the regulations and standards expressly specified by this ordinance, other conditions found necessary to protect the best interests of the surrounding property or neighborhood or the city as a whole. The conditions may include requirements in- creasing the required lot size or yard dimensions, controlling the location and number of vehicular access points to the propexGy, increasing street width, increasing the number of off-street parking or loading spaces required, limiting the number of signs, limiting the coverage of height of buildings because of obstruction to view or reduction of light or air to adjacent property, requiring sight- obscuring fencing and landscaping where necessary to reduce noise or glare or maintain the property in a character in keeping with the surrounding area, and requirements under which any future enlargement or alteration of the use shall be reviewed by the Planning Commission ag�n new conditions imposed. Change in use, expansion or contraction of site area, or alteration of structures or uses classified as conditional existing prior to the effective date of this ordinance, shall conform to the regulations pertaining to conditional uses. If the site is found inappropriate for the use requested, the Planning Commission may deny approval of the conditional use. SECTION 230-2 - APPLICATION FOR A CONDITIONAL USE A request for a conditional use or modification of an existing conditional use may be initiated by the property otirner or his authorized agent by filing an application with the City Recorder. The applicant shall submit a site plan, drawn to scale, showing the dimensions and arrange- ment of the proposed development. The application shall be accompanied by a fee of $25.00. s fi 36 r: Variances - 240 CHAPTER 240 - VARIANCES SECTION 240-1 - AUTHORIZATION TO GRANT OR DENY VARIANCES .Following the procedures set forth in Section 250-1 to 250-4, the Planning Commission may authorize variances from the requirements of this ordinance where it can be shown that, owing to special and unusual circumstances related to a specific piece of property, the literal interpretation of this ordinance would cause an undue or unnecessary hardship, except that no variance shall be granted to allow the use of property for purposes not authorized within the zone in which the proposed use would be located. In granting a variance the Planning Commission may attach conditions which it finds necessary to protect the best interests of the surrounding property or neighborhood and to otherwise achieve the purposes of this ordinance. SECTION 240-2 - CONDITIONS FOR GRANTING A VARIANCE i No variance shall be grantad by the Planning Commission unless it can r be shown that all of the following conditions exist: a. Exceptional or extraordinary conditions applying to the property that do not apply generally to other properties in the same zone or vicinity, which conditions are a result of lot size or shape, topography, or other circumstances over which the applicant has no control. 9 b. The variance is necessary for the preservation of a property right of the applicant substantially the same as is possessed by owners of other property in the same zone or vicinity. � c. The authorization of the variance shall not be materially detri- mental to the purposes of this ordinance, be injurious to property in the zone or vicinity in which the property is located, or be otherwise detrimental to the objectives of any city development ;plan or policy. g d. The variance requested is the minimum variance from the provisions and standards of this ordinance which will alleviate the hardship. SECTION 240-3 APPLICATION FOR A VARIANCE s: A request for a variance may be initiated by a property owner or his authorizedagent by filing an application with the City Recorder upon forms prescribed for the purpose. The application shall be accompanied by a site plan, drawn to scale, showing the dimensions and arrangement of the proposed development. The application shall be accompanied by a feeof $25.00, 37 Procedure - 250 y. CHAPTER 250 - PROCEDURE FOR ALLOWING OR DISALLOWING VARIANCES, CONDITIONAL USES AND REINSTATEMENT OR ENLARGEMENT OF NONCONFORMING USES SECTION 250-1 - PUBLIC HEARING REQUIRED Within 40 days after the filing of an application for a variance, conditional use, reinstatement or enlargement of a nonconforming use, the Planning Commission shall hold a public hearing thereon, before rendering its decision. At least five days but not more than 20 days prior to the date of hearing, the City Recorder shall give written notice of the hearing by mail to all owners of property abutting or directly across a street from the lot or parcel of land on which the variance is requested, and shall notify owners of any other lot or land parcel which he deems affected by the proposed variance, conditional use, reinstatement or enlargement of a nonconforming use, using for this purpose the names and addresses of owners as shown upon the records of the County Assessor. Failure of a person to receive this notice shall not invalidate any proceedings in connection with said application. SECTION 250-2 - RECESS OF HEARING BY PLANNING COMMISSION The Planning Commission may recess a hearing on a request for a variance, conditional use, reinstatement or enlargement of a nonconform•_. ing use in order to obtain additional information or to serve further notice upon other property owners or persons who it decides may be in- terested in said request. upon recessing for this purpose, the Planning vo nission shall announce the time and date when the hearing will be resumed. SECTION 250-3 - ACTION OF THE PLANNING COMMISSION The Planning Commission may attach conditions to an authorized variance, conditional use, reinstatement or enlargement of a, nonconforming use which it feels are necessary to protect the public interest and carry out the purpose of this ordinance. The City Recorder shall notify the applicant in writing of the Planning Commission's action. SECTION 250--4 APPEAL FROM DECISION OF PLANNING COMMISSION r, t Any person aggrieved by a final determination of the Planning Commission may appeal said determination to the City Council as provided in Section 270®2. 38 „ Amendments - 260 ' CHAPTER 260 - AMENDMENTS TO THE ZONING ORDINANCE SECTION 260-1 - AUTHORIZATION TO INITIATE AMENDMENTS An amendment to the text or the zoning map of this ordinance may be initiated by the City Council, by the Planning Commission, or by application of the property owner cr his authorized agent. The Planning Commission shall, within 40 days after a hearing, recommend to the council approval, disapproval, or modification of the proposed amendment. SECTION 260-2 —APPLICATION AND FEE An application for amendment by a property owner or his authorized agent shall be filed with the city Recorder. The application shall be accompanied by a fee of $50.00. SECTION 260-3 - PLANNING COMMISSION HEARING ON AN AMENDMENT Before taping final action on a proposed amend,r:ent, the Planning Commission shall hold a public hearing thereon. Notice of time and place of the public hearing before the .Planning Commission and the purpose of the proposed amendment shall be given by the City Recorder in the following manner. a. If an amendment to the zoning map including an area of less than ten acres is proposed, the notice shall be by ;ailing written notice not less than ten days prior to the date of hearing to owners of property within lines parallel to and 300 feet from the exterior boundaries of the property involved, using for this purpose the names and addresses of the owners as shown upon the current tax roll of the county assessor. .Failure to send notice to a person specified in this section or failure of a person to receive the notice shall not invalidate any proceedings in connection with the proposed change. b. If an amendment to the text of this ordinance or a change in zone of an area of ten acres or more is proposed, the notice shall be by two publications in a newspaper of general circulation in the city once a week for two consecutive weeks prior to the hearing. SECTION 260-4 - RECESS OF HEARING The Planning Commission may recess a hearing in order to obtain additional information or to serve further notice upon other property owners or o persons it decides may be interested in the proposed amendment. Upon recessing, for this purpose, the Planning Commission shall announce the Vima and date when the hearisfg will be resumed, i I 39 Amendments - 260 SECTION 260-5 - MODIFICATION OF A PROPOSED AMENDMENT The boundaries or classification of a proposed amendment (zone change) effecting the zoning map but not effecting the zoning text, may be modified by the applicant or by the Planning Commission, provided that said change in boundaries or classification effects no new areas not previously described in the notice of Planning Commission Hearing, and provided that said change in classification will not result in a more intense land use than previously described in the notice of Planning Commission Hearing. SECTION 260-6 - CITY COUNCIL HEARING ON AN AMENDMENT a. Following the prescribed hearing before the Planning- Commission, a written report containing the find .ngs and recommendations of the Planning Commission shall be forwarded to the City Council by the City Recorder or Clerk. b. tlpon receipt of the Planning Commission's recommendation, the City Council shall set the time and place for a public hearing before the City Council on the proposed amendment. c. Notice for the Council Hearing shall be given in the manner pre- scribed in ORS 227.260. d. The City Council may recess a hearing in order to obtain additional information or to serve further notice upon other property cwners or persons it decides may be interested in the proposed amendment. Upon recessing for this purpose, council shall announce the time and date when the hearing will be resumed. SECTION 260-7 .. APPROVAL OF AMENDMENIT TO ZONING MAP In granting an amendment to the zoning map, upon application by a property owner or his authorized agent the council may require the dedication of additional street right-of-way where an officially adopted street plan indicates need for increased width or where the nature of the proposed development warrants increased street width, and the council may require permanent landscape screening or other devices to minimize conflict with residential land use. I SECTION 260-5 - NOTIFICATION OF ACTION The City, Recorder shall notify the applicant in writing of the city's action within five days after the decision has been rendered. ,r f 40 { SECTION 260-9 - RECORD OF AMENDMENTS The City Recorder shall maintain a record of amendments to the text and map of this ordinance a.n a form convenient for the use of the i public, and in accordance with Section 100-5. f i t 7EI t t E ° E �; 41 ACIIiIJ.Il15Li"dt10;1 - 270 CHAPTER 270 - ADMINISTRATION, E,NYORCEMENT AND INTERPRETATION SECTION 270-1 - ENFORCEMENT The city building inspector shall have the power and duty to enforce the provisions of this ordinance. An appeal from a ruling of the recorder and building inspector shall be made to the city Planning Commission. SECTION 270-2 - APPEAL TO THE CITY COUNCIL An action or ruling of the Planning Commission authorized by that- ordinance may be appealed to the city council within 15 days after the commission has rendered its decision by filing written notice with the City Recorder. if no appeal is taken within the 15 day period, the decision of the commission shall be final. If an appeal is filed, the council shall receive a report and recommendation from the Planning Commission and shall hold a public hearing on the appeal. Notice of the public hearing shall be by one publication in a newspaper of general circulation in the city not less than five days nor more than ten days prior to the date of the hearing. SECTION 270-3 - FORMS OF PETITIONS, APPLICATIONS, AND APPEALS Petitions, applications, and appeals provided for in this ordinance shall be made on forms provided for the purpose or as otherwise pre- scribed by the Planning Commission in order to assure the fullest practical presentation of pertinent facts and to maintain a permanent record. Applications for a building permit shall be accompanied by plans, in duplicate, drawn to scale, showing the actual shape and dimensions of the lot to be built upon; the exact size and locations on the lot of the buildingsand other structures, existing and proposed; the existing and intended use of each building, structure or part thereof; the number of families to be accommodated, if any; and such other information as is needed to determine their conformance with the provisions of this ordinance and of the building code SECTION 270-4 - TEMPORARY PERMITS The building official shall issue temporary permits for buildings to be constructed and used for storage incidental to construction of buildings on the property. SECTION 270-5 - INTERPRETATION The provisions of this ordinance shall be held to be the minimum re- quirements fulfilling its objectives. Where the conditions imposed by any provisions of this ordinance are less restrictive than comparable 42 I i Administration - 270 fi conditions imposed by any other provisions of this ordinance or of any other ordinance, resolution, or regulation, the provisions which are more restrictive shall govern. f f SECTION 270-6 - SEVERABILITY The provisions of this ordinance are hereby declared to be severable. If any section, sentence, clause, or phrase of this ordinance is adjudged by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remaining portions of this ordinance. f SECTION 270--7 -- PENALTY A person violating a provision of this ordinance shall, upon conviction thereof, be punished by imprisonment for not to exceed 10 days or by a fine not to exceed $100.00, or both. A person violating a provision of this ordinance shall be deemed guilty of a separate offense for each day during which the violation continues_ a 43 Definitions 280 CHAPTER 280 - DEFINITIONS As used in this ordinance the masculine includes the feminine and neuter and the singular includes the plural. The following words and phrases, unless the context otherwise requires, shall mean% 1. Accessory_Structure_or Use. A structure or use incidental and subordinate to the main use of the property, including a home occupation, which is located on the same lot with the main use and contributes to the comfort or convenience or persons occupying the property, but not including the keeping of 1:..vestock other than ordinary household pets. 2. Alley. A narrow street through or partially through a block primarily for vehicular service access to the back or side of properties otherwise abutting on another street. 3. Apartment House. See dwelling, multi-family. 4. Billboard. See sign. 5o Boarding, Lodging or Rooming House. A building where lodging with or without meals is provided for compensation for not less than three nor more than 15 guests. 6. Building. A structure built for the support, shelter or enclosure of persons, animals, chattels or property of any kind but excluding driveways, walks, and similar slab construction not exceeding the surrounding ground level by six inches. 7. Cit . The City of Tigard, Oregon. 8. Commission. The City Planning Commission of Tigard. 9. Dwelling, Du lexE or Dwelling, Two-Family. A detached building containing two dwelling units . 10. FDwellin_ e Multi-Family. A building containing three ormore dwelling units 11. Dwelling, Sin le--Family A detached building containing one dwelling unit. 12. Dwelling Unit. One or more rooms designed for occupancy by one ? family and not having more than one cooking facility, but excluding a trailer coach except when located in a trailer park. 13. Ka�mijZ An individual, or two or more persons related by blood, marriage, legal adoption., or guardianship living together in a 44 Definitions - 280 (� dwelling unit in which board and ledging may also be provided for not more than three additional persons, excluding servants; or a group of not more than five persons who need not be related by blood, marriage, legal adoption, or guardianship living together in a dwelling unit. 14„ fence, Sight Obscuri A fence or evergreen planting arranged it such a way as to obstruct vision. 15. Floor area. The area included in surrounding walls of a building or portion thereof, exclusive of vents shafts and courts.. 16. Garages Private. An accessory building or portion of a main building used for the parking or temporary storage of vehicles owmed or used by occupants of the main building. 17. Garage, Public. A building other than a private garage used for the care and repair of motor vehicles of where such vehicles are parked or stored for compensation, hire or sale. 18. Garden Store. A retail store for the sale of garden supplies and plants that are used in the care and development of residential property. 19. Grade ground level) The average of the finished ground level at the center of all walls of the building. In case a wall is parallel to and within five feet of a sidewalk, the ground level shall be measured at the sidewalk. 20. Height of Building. The vertical distance from the "grade" to the 'highest point of the coping of a flat roof or to the deck line of a mansard roof on to the point midway between the ridge and the eaves of a pitch or hip roof, 21. Horse Occupation. A l wful activity commonly carried on within a dwelling by members of the family occupying the dwelling with no servant, employe or other person being engaged, provided thnato. a. The residence character of the building is maintained. b The activity occupies less than one-quarter of the ground R floor area of the main building. c. The activity is conducted in such a manner as not to give an outward aT3nearance nor manifest any characteristic of a :usi- ..'` ness in the ordinary meaning of the term nor infringe upon the 45 Definitions - 280 right of neighboring residents to enjoy the peaceful occupancy of their homes . 22. An establishment which provides sleeping and eating facilities to persons receiving medical, obstetrical or surgical care and nursing service on a continuous basis. 13. Hotel. A building in which lodging is provided for guests for compensation and in which no provision is made for cooking in the lodging rooms. 24. Kennel. A lot or building it -which four or more dogs or cats at least four months of age are kept commercially for board, propagation or sale, 25. Lot. A parcel or tract of land. 26. I;ot Area. The total horizontal area within the lot lines of a lot. . 27. I,ot, Corner. A lot abutting on two intersecting streets other than an alley. 28. I,ot bepth. The horizontal distance from the midpoint of the front lot line to the midpoint of the rear lot line. 29. _Lot, Interior. A lot other than a corner lot. 30. Lot Line, The property lane bounding a lot. 31. Lot Line, rront. The lot lime or lines separating the lot from any street or streets other than an alley. 32. let bine, Rear. A lot line which is opposite and most distant from, the front lot line, and in the case of an irregular, triangular or other shaped lot a line 10 feet in length within the lot parallel to and at a maximum distance from the front lot line. 33. Lot Line, Side. Any lot line intersecting or connecting with front or rear lot lines. 34. Lot Width. The horizontal distance between the side ic'. lines, ordinarily measured parallel to the front lot line. 35. motel or Auto _Court. A building or group of buildings on the same lot containing guest units with separate entrances from the building exterior and consisting of individual sleeping quarters, detached or in connected roars, with or without cooking facilities, for rental to transients, 46 Definitions - 280 36. Nonconforming Structure or Use. A lawful existing structure or use at the time this ordinance or any amendment thereto becomes effective which does not conform to the requirements of the zone in which it is located. _ riot less than 20 feet long and 8.5 37. I�arking Space. A rectangle g feet wide together with maneuvering and access space required for a standard American automobile to park within the rectangle. 38. Person. Every natural person, firm, partnership, association or , corporation. 39. Siign. A presentation or representation, other than a house number, by words, letters, figures, designs, pictures or colors publicly displayed so as to give notice relative to a peg-son, a business, an article or merchandise, a service,an assemblage, a solicitatioiz or a request for aid, or other type of advertising. This includes the surface upon which the presentation or representation is displayed. Each display surface of a sign shall be considered to be a sign. , • 40. Ston That portion of a building included between the upper �. surface of any floor and the upper surface of the floor next above, except that the top story shall be that portion of a building included between the upper surface of the top floor and the ceiling above. If the finished floor level directly above the basement or cellar is more than six feet above grade, such basement or cellar shall be considered a story. the boundary lines of ever wa 41. Street. she entire width between n b rZr y y Which provides for public use for the purpose of vehicular and pedestrian traffic and the placement of utilities and including the terms Beroad" , "highway", "lane", "place, ", "avenue" , "alley" or other similar designations. s> 42. _Structure. That which is built or constructed. An edifice or building of any kind or any piece of work artificially built up or composed of parts joined together in some definite manner and which requires location on the ground or which is attached to something having a location on the ground. n:. 9:3. Structural Alteration. A change to the supporting, members of a structure including foundations, bearing walls or partitions, columns, beams, _girders or the roof. 44. Frailer Coach. A building or vehicle originally designed or presently constructed tobeused as a huma=n dwa?ling or lodging place and to be movable from plane to place over streets. 47 Definitions - 280 { E c � a 45. Trailer Park. A plot of ground upon which one or more trailer coaches occupied for dwelling or sleeping purposes are located, regardless of whether a charge is made for such accomodation. 46. Use. The purpose for which land or a structure is designed, arranged, or intended or for which it is occupied or maintained. 47. Vision Clearance Area. A triangular area on a lot at the inter- section of two streets or a street and a railroad, two sides of which are lot lines measured from the corner intersection of the lot lines for a distance specified in these regulations. The third side of the triangle is a line across the corner of the lot joining the ends of the other two sides. Where the lot lines at intersections have rounded corners, the lot lines will be extended in a straight line to a point of intersection. The vision clearance area contains no planting, walls, structures or temporary or permanent obstructions exceeding 30 inches in height, except occasional tree trunks or poles. The vision clearance area shall be measured from the top of the curb or, if there is no curb, from the centerline street grade and extend upward 10 feet. . 48. Setback or Yard. An open space on a lot which is unobstructed from the ground upward except as otherwise provided in this ordinance: ; 49. Setback Front Yard, A setback or yard abutting any street other than an�alley and measured horizontally at right angles to the front lot line ,from the front lot line to the nearest point of the building. 50, Sa_ k� Rear Yard. A setback or yard abutting the rear lot Tine and measured horizontally at right angles to the rear lot line from the rear lot; line to the nearest point of the main building 51. Setback Side Yard. A setback or yard between the front and year yard measured horizontally and at right angles to the eide lot line from the side lot line to the nearest point of the building. 52. x`ard.. See definition 39, Setback or Yard. r. } r >J 48 L i 0 i SECTION 29,0 .- REPEALER Concurrently with the effective time and dateof this ordinance, Ordinance No.63-6 enacted by theCity Council on May 13, 1963 and Sections 5 and 6 of Ordinance No.63-8 enacted by the City Council on June- 24, 1963, and all sections of any other ordinance heretofore enacted by the Council ire conflict herewith, be, and the same are, hereby repealed and shall have no- force or effect after the effect- ive time and date of this ordinance. Effective Date This Ordinance shall become and be effective on and after the 31st day from its passage by the Council and approval by the mayor. PASSED: By the Council, by unanimous vote. of all Council members present, after being read three tires by title and number this 13th day of March, 1967. O +rAI eI, Recorder. City of Tigard' APPROVED: By the Mayor, this 13th day of March, 1967» : Mayor - City, 6f Bard �.g y C L l 9Gi I _ 8 t e ti { � }m���,. 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