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Ordinance No. 69-21 CITY OF TIGARD, OREGON ORDINANCE No. 69-21 AN ORDINANCE ADOPTING THE REPORT OP THE CITY PLANNdING COMMISSION WITH RESPECT TO AMENDING AND SUPPI,EMTIB?G ORDI� NANCE No. 67-21 "CITY OF TIGARD ZONING ORDINANCE OF 1967" by ADDING THERETO A CHAPTER NUMBERED 155 ESTABLISHING A LIMITED NEIGHBORHOOD COMMERCIAL C-5 LAND USE ZONING CLASSIFICATION, DEFINING USES PERMITTED OUTRIGHT PRE- SCRIBING REGULATIONS AND RESTRICTIONS LAND ESTABLISHING RE- QUIREMENTS IN CONNECTION THEREWITH, AND PRESCRIBING THE BP- FECTIVE DATE - - THE CITY OF TIGARD ORDAINS AS FORS: Section is The City Council finds that pursuant to procedures prescribed by ordinance and by state statutes, the final report of the City Planning Commission with respect to a proposed amendment and supplement to Ordinance No. 67-21 "City of Tigard Zoning Ordinance of 1967", was duly filed with the City Recorder along with recommendations of the Commission for the adoption thereof, and that a public (searing was thereafter duly called and held by the Council on Monday, March 10, 1969, at the hour of 8:00 P.M. in the Council Chambers, City hall, Tigard, Oregon, at which time and place all persons particu- larly interested and the general public were afforded an op- portunity to be heard with respect to the said report of the City Planning Commiss�!osi; and there having been filed herein proof of due and legal notice of the said hearing by publica- tion in the Tigard Times in the issues of February 27 and March 6, 1969; and at said hearing all persons particularly interested and the general public were afforded an opportunity to be heard, and were heard, and that said -nearing was duly closad. rection 2: The City Council further finds that said report . and amendment to the Zoning Code of this City of Tigard are in the public interest and are reasonable, groper and necessary for the public health, comfort, convenience, safety and the general welfare of the people of the City of Tigard, and the provisions thereof in all manner of things conform to the requirements of law. Section 3: That Ordinance No. 67-21 "City of Tigard Zoning Ordinance of 1967" as heretofore enacted and a- dopted by the City Council on March 13, 1967, be, and the same is, hereby amended and supplemented to add thereto a new zone use classification denoted "CHAPTER 155 LIMITED NEIGHBORHOOD COMMERCIAL C-5" including the following sections: Section 155-1, 155-2, 155-3, 155-4, 155-5: "CHAPTER 155 LIMITED NEIGHBORHOOD COMMERCIAL C-5. Page 1 ORDINANCE No. 69-21 Ft A SECTION 155-1 - USES PERMITTED OUTRIGHT No building structures or land shall be used and no building or structure shall be hereafter erected, enlarged or altered in this zone except for the fol- lowing uses, and provided that any one developrcnt in any one area shall not exceed 2 acres in size (unless specifically approved by the Planning and Zoning com- mission), and that the nucleus of such a neighborhood development shall contain a minimum of four (4) of the following separate uses: a. Bakery, provided any manufacture of goods is limited to goods retailed on the prises only. b. Barber shop. c. Beauty parlor. d. Collection station for dry cleaning or laundry. e. Delicatessen store. f. Doctor, dentist, lawyer, architect or insurance office. g. Drug store or pharmacy including inci- dental fountain service but not inclu- ding any other use unless sspe^.ifically permitted under this section. h. Florist or flower shop. i. Gift 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 155-2 - 1Q1 SIZE: in this zone the lot size shall be as follows: a. The minimum lot area shall be 20,000 square feet. b. The minimum lot width shall be 100 feet. c. The maximum lot coverage shall be 25%. SECTION 155-•3 - SETBACK REQUIREMENTa: Except as may be otherwise provided in Section 210-8, the setbacks for non-residential uses in this g zone shall be as follows: Page 2 ORDINANCE No. 69-21 ry ZKt A. FRONT 'ARD setback (measured from the property line at the required street .right-of-way line) shall be 30 feet. The setback may be less than 30 .feet provided that it is not .less than 10 feet, and that an area equal to the area of encroachment: be added to the 20. minimum landscaping requirement. B. SIDE AND REAR YARD setbacks shall be 20 feet. The setback may be less than 20 feet provided that it is not less than 10 feet, and that an area equal to the area of encroachment be added to the 20p minimum landscaping; requirement, and that the side or rear yard is not abutting a residential zone (single family or multi-family). SECTION 155-4 - MIGHT OF BUILDINGS•.' Except as otherwise provided in Section 210-9, no building in this zone shall exceed a hei--ht of one story with a mezzanine, but riot more than 20 feet. SEC`T'ION 155-5 - ADDI_IONAL REQUIREMENTS: Additional requirements applicable to this zone include, but shall not be limited to, the following: a. The minimum four uses required for the initial development in this zone shall be separated by solid walls, and shall have individual entrances b. 0£f-street parking andloading - see Chapter 190. c. Parking shall be allowed in the setback areas, but no closer than 6 feet to the property line on any side. On a corner, no parking- shall be allowed in the triangle formed by the .corner and a point measured 20 feet from the corner along each street. d. Access and egress required -- see Chapter 200. e. Landscaping required 20% of the total area shall be landscaped and a portion of this shall be along the perimeter of the property. A sight-obscuring screen of evergreen shrubs shall be planed along any side abutting a residential zone. Landscaping shall be maintained by the property owner in a neat and 'healthy condition. In the event such land- scaping; is not maintained, the City may cause such maintenance to be done and assess the property owner(s) accordingly. f. Signs permitted -- one free-standing property identification ground sign shall be permitted for the development on each side abutting a street. On a corner, a ground sign may not protrude into the triangle formed by the corner and a point measured 20 feet from the corner along each street; the maximum height of this sign $% shall be seven (7) feet, and it shall not exceed 60 square feet in area. This sign shall not be internally . illuminated, and illumination shall be of low intensity. One wall sign shall be permitted for each separate use, the area of which shall not exceed 10 square feet in area. No moving or intermittently flashing signs shall be permitted. g. Fire zones -- see Section 210-10. Page 3 - ORDINANCE No. 69- 21 ( h.. Nuisances prohibited -- see Section 210-5 i. Air° conditioning units, exhaust fans, compressors, or any other noise-producing equipment, and service entrances, loading or unloading doors, *arbage cans or containers, shall be so enclosed and baffled that no disturbing; sound or vibrations materially affect adjacent residential properties. Section 4: That the provisions hereinabove set forth with respect to �- Chapter 155 - Limited Nieghborhood Coamr,ercial C-5 zoning classification, shall be construed to be subject to and include all applicable procedural and regulatory provisions of said Ordinance No. 67-21 as previously enacted including the enforcement provisions thexegP, to the same legal force and effect as if said Chapter 155 had originally formed a part of Ordinance No.67-21 at the ;dine of its adoption on March 13, 1967. Section 5: :his 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 times by number and title only, this 10th day of March, 1969. Recorder --moi y pP?^igard APPROVED: By the Mayor, this 10th clay of March, 1969. layer - �_ty of Tie and i 4 .P Page 4 - ORDINANCE No.69- 21