Ordinance No. 72-52 AW
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CITY OF TIGARD, OREGON
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JRDIhiANCE Nr,--2-
AN ORDINANCE PRESCRIBING CERTAIN AMENDMENTS TO THE TEXT OF
ORDINANCE NO. 70-32, "CITY OF TIGARD ZONING ORDINANCE OF 1970"
t':ITH RESPECT TO SECTION 230-1, AUTHORIZING THE CITY PLANNING COM-
r4ISSION TO GRANT FINAL APPROVAL FOR CONDITIONAL USES, DEFINING
AUTHORITY FOR ISSUING TEMPORARY USE PERMITS, PRESCRIBING PROCEDURES
FOR APPEALS, REPEALING SECTIONS 250-5, 250-6 AND AMENDING SECTION
110-3, TO INCREASE MINIMUM LOT SIZE R-7 TO 7500 SQUARE FEET, PRI:--
SCRIBING Aid EFFECTIVE DATE AND DECLARING AN EMERGENCY
THE CITY OF TIGARD ORDAINS AS FOLLOWS:
Section 1: The City Council finds that pursuant to Chapter 227,
Oregon Revised Statutes and Ordinance No. 70-32, "City
of Tigard Zoning Ordinance of 1970" as amended, the hereinafter amend-
ments to said zoning ordinance, after due and legal notice, were the
subject of a public hearing duly and regularly held by the City
Planning Commission on August 15, 1972, all interested persons and
the general public were afforded an opportunity to be heard with
respect thereto, and the City Plannine, Commission thereafter recom-
mended to the Council that said ordinances be amended as hereinafter
set forth.
Section 2: The City Council further finds that after due and legal
notice a public hearing was duly and. regularly held by
the City Council on September 11, 1972, whereat all interested per-
sonc were afforded an opportunity to be heard with respect thereto,
and
'Section 3: The Council further finds that all proceedings have been
L taken and conditions precedent fulfilled in accordance
with law and the ordinances of the City with respect to the following;
proposed amendments to the City's zoning ordinance and that said
amendments are in the public interest, are reasonable and proper and
necessary to promote the public health and welfare.
Section 4: That Section 230-1 of Ordinance No. 70-32 be, and the
same is hereby, amended to read as follows:
"SECTION 230-1 - AUTHORIZATION TO GRANT OR DENY CONDITIONAL USE
Following the procedures set forth in Section 250-1, and in
Section 250-4 as amended, uses, designated in this ordinance
as "conditional uses permitted" may be permitted or enlarged
or altered upon authorization of, after hearing by the Planning
Commission as provided in Chapter 250 hereof. In granting
approval of a conditional use the Planning Commission nay
require in addition to the regulations and standards expressly
specified in 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 increasing the required lot size or yard
dimensions, controlling the location and number of vehicular
access points to the property, increasing street width,
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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 adlacent property,
requiring sight-obscuring fencing and landscaping where
I 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 Commissio:: and 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 pertainftng to
conditional uses. If the site is inappropriate for the use
requested, the Planning Commission may deny approval of the
conditional use."
Section 5: That Section 230-3 of Ordinance No. 70-32 be, and the same
is hereby, amended to read as follows:
"SECTION 230-3 - EXPIRATION OF UNEXERCISED CONDITIONAL USES
If a conditional use is approved by the Planning Commission
and then is not exercised, it shall expire in one year from
the date of approval if said use has not begun and continual
progress toward its full operation is not in evidence."
Section 6: That Section 245-2 of Ordinance No. 110-32 be, and the same
is hereby, amended to read as follows:
"SECTION 245-2 LEVELS OF AUTHORITY
a."s
The levels of authority for issuance of temporary use permits
` shall be as follows:
a. Planning Commission and/or City Administrator:
The Planning Commission, either directly or by delegation
of authority to the City Administrator, may issue tempor-
ary permits which shall terminate within sixty (60) days
from the date of issuance.
b.- Planning Commission:
The'Planning Commission may issue temporary permits to
' terminate within six (6) months from the date of issuance
u
The Planning Commission is hereby empowered, either directly
or by delegation of authority to the City, Administrator,
:tn circumstances of emergency and where consistent with the
public interest, to grant a permit for immediate temporary
- occupancy or use of the premises, if consistent with the
conditions hereinafter set forth, to continue during the
time`a petition may be pending before the City-
Planning
Commission as herein provided.
o. City Council:
Applications for temporary use permits to continue in
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effect for a longer period than 6 months from date of
issuance, may be granted only by the City Planning;
Commission, following the procedure for Conditional
Uses as set forth in Chapter 250."
Section 7: That Section 250-4 of Ordinance No. 70-32 be, and the same
Is hereby, amended to read as follows:
114 SECTION .250-4 - APPEAL FROM DECISION OF PLANNING COMMISSION
Any person aggrieved by a determination of the Planning Com-
mission may appeal such determination to the City Council as
provided in Section 270-2:'
Section 8: That Section 13.0-3 of Ordinance No. 70-32 be, and the
same is hereby, amended to read as follows:
"SECTION 110-3 - LOT SIZE IN AN R-7 ZONE
in an R-7 zone the lot size shall be as follows:
a. The miziimum lot area shall be 7,500 square feet.
b. The maximum lot coverage shall be 35%."
Section 9: The following sections of Ordinance No. 70-32, City of
Tigard Zoning Ordinance of 1970,be and the same are hereby
repealed:
SECTION 250-5 CITY COUNCIL NEARING ON CONDITIONAL USE
APPLICATIONS AND APPEALS
and
SECTION 250-6 -NOTIFICATION OF ACTION.
Section 10: Inasmuch as it is necessary for the peace, health and
safety of the City of Tigard that the zoning matters
hereinabove set forth become effective with the least possible delay
to preserve the integrity of the zoning control within the City of
Tigard and to currently reflect the regulatory requirements of Ordinance
N-0-- 70-32, an emergency is hereby declared to existand this ordinance
shall be effective upon its passage by,the Council and approval by the
Mayor.
PASSED: By uAAanimous vote of all Council members present, after
bei read three times by number and title only, this
day of September, 1972. '
Recorder - City of T and
ll APPROVED: By the Mayor, this � day-uf--�eptem. eer; 3972+
11` r - C ty o_ Tigard
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