Ordinance No. 75-29 CITY OF TIGARD, OREGON
ORDINANCE No. 75-4_
AN ORDINANCE AMENDING THE TIGARD MUNICIPAL CODE, CHAPTERS 18.28,
GENERAL COMMERCIAL, AND 18.32, NEIGHBORHOOD COMMERCIAL, WITH RESPECT
TO PERMITTED USES, CONDITIONAL USES, LOT REQUIREMENTS AND LANDSCAPING
REQUIREMENTS: PRESCRIBING AN EFFECTIVE DATE.
THE CITY OF TIGARD ORDAINS AS FOLLOWS:
Section 1: The City Council finds that pursuant to Chapter 227 ORS
and Ordinance No, 70-32 - "City of Tigard Zoning Ordinance
of 1970" - the hereinafter stated amendments to said zoning ordinance,
after due and legal notice, were submitted to public hearing by the
City Planning Commission on April 1, 1975, and to the Council thereafter
recommended that said zoning ordinance be amended as hereinafter set
forth.
Section 2: The Council further finds that after due and legal notice
a public hearing was held by the City Council on May 12,
1975, whereat all interested persons were afforded an opportunity to be
heard with respect thereto, and conditions precedent fulfilled with
respect to the following amendments to the City's zoning ordinance.
Section 3: The Council further finds that the purpose for these amend-
ments is to protect the public health, safety and general
welfare, especially as relates to traffic hazards and congestion; and
furthermore, said amendments serve to implement the City's objectives
and policies concerning commercial development as stated in the Tigard
Community Plan, Neighborhood Plan Number One and Neighborhood Plan
Number Two.
Section 4: That Chapter 18.28, General Commercial Zone (C-3), be
amended to read as follows:
Sections:
18.28.010 Permitted Uses
18.28.020 Conditional Uses
18.28.030 Lot Requirements
18.28.040 Setback Requirements
18.28.050 Building Height
18.28.060 Additional Requirements
18.28.010 Permitted Uses. No building structures or land shall be used
and no building or structure shall hereafter be erected, enlarged or
altered in the C-3 zone except for the following uses:
(1) Appliance parts;
(2) Appliance store (performing incidental repairs only);
(3 Automobile parts, accessory sales;
(4 Bank, loan company or other financial institution;
(5) Blueprinting, photostating or other reproduction process;
6) Business machines, retail sales and service;
(7) Furniture store;
/ (8) Film distribution center;
(9) Frozen food locker (family use only);
(10) Hotels
(11 Instruments, scientific or professional (repair shop);
12 Motel;
Newsstand;
14) Radio or T.V. Service (Ord. 72-70, Sl, 1972; Ord. 70-32 5140-1,
1970);
(15� Real estateoffice;
(16) Sporting goods
18.28.020 Conditional Uses, In the C-3 zone the following uses and
their accessory uses may be permitted as conditional uses when in
accordance with Chapters 18.72 and 18.84:
(1) Any conditional or permitted use in a C-4 zone excepting
mobile home parks;
(2) Amusement enterprise, including billiard or pool hall,
bowling alley, boxing arena, dance hall, public swimming pools;
MAppliance repair;
Auditorium, exhibition hall or other public assembly;
Automobile, boat and trailer sales;
�6 Automobile and boat repairs, painting and upholstery;
'73 Catering establishment;
(8) Churches and accessnry uses:
(9 Cleaning establishment;
(10 Colleges;
(11 Commercial schools such as business colleges, music con-
servatories and trade schools;
(12) Community buildings (public);
13 Drive-in business offering goods and services directly to
customers waiting in parked motor vehicles;
(14) Indoor, outdoor and other theaters;
(15) Feed stores;
16) Governmental structures or land use not including schools;
(17) Hospitals, convalescent, general, home for the aged;
(18) Hotel (residential);
19) Libraries;
(20) Lodges, fraternal organizational;
21) Lumber yard;
22) Medical-dental clinic;
23) Motorcycle and accessory sales and service;
24 Museums;
25 Parks and playgrounds (public);
26� Pet shop;
27) Plumbing, electrical or general contractor and shop;
(28 Printing shop and newspaper publishing;
N9) Private club;
0) Professional or commercial office building;
( Restaurants (Ord. 72-70 S2, 1972; Ord. 70-32 5140-2, 1970);
5(N Secondhand store;
(33) Taverns, cocktail lounges, bars, clubs and any other activity
whose patronage, membership or attendance is restricted as
to age, age group or other specific limitation;
(34) Tire shop;
(35) Veterinarian's office or animal hospital;
36 Any business, service, processing, storage or display essential
or incidental to any permitted use in the C--3 zone and not
conducted entirely within an enclosed building (Ord. 72-70 S2,
1972; Ord. 70-32 S140-2, 1970).
18.28.0 0 Lot Re uirements. In the C-3 zone the lot requirements shall
be as follows: lots created prior to the enactment of this ordinance
on May 12, 1.975, and being less than the minimum required shall be con-
sidered legal and conforming to the requirements of this title):
(1) The minimum lot area shall be 30,000 sq. ft.
N3 The minimum lot width shall be 150 ft.
(Ord. 70-32
No maximum lot coverage shall be required.
5140-3, 1970).
-2-
ORDINANCE No. 75-
18.28.040 Setback Requirements. Except as may otherwise be provided
in Section 18.12.100, the setbacks for non-residential uses in the C-3
zone shall be as follows:
(1) The minimum front yard shall be ten feet, landscaped and
maintained (see general provisions 18.12.100);
(2) No side yard setback shall be required, except when abutting
a residential zone, a side yard of 10 ft. shall be required;
(3) No rear yard setback shall be required, except when abutting
a residential zone, a rear yard setback of twenty-five feet
shall be required. (Ord. 72-34 S4, 1972; Ord. 70-32 S140-4,
1970)•
18.28.050 Building Height. Except as otherwise provided in Section
18.12.110, no building in the C-3 zone shall exceed a height of three
stories or thirty-five feet, whichever is less. (Ord. '70-32 S140-5,
1970).
18.28.060 Additional Requirements. Additional requirements applicable
to the C-3 zone include, but are not limited to, the following:
R) off-street parking and loading, see Chapter 18.6-;
) Access and egress, see Chapter 18.64;
(3) Landscaping - a minimum of 15% of the total lot areashall be
landscaped; in addition, see Chapters
Develop-
ment Plan and 18.59, Architectural Design Review;
(4) Enclosure and screening required, see Section 18.12.08f);
(5) Nuisances prohibited, see Section 18.12.070 (Ord. 71-4 S7
(part), 1971; Ord. 70-32 5140-6, 1970).
Section 5: That Chapter 18.32, Neighborhood Commercial Zone (C-4),
be amended to read as fellows:
Sections:
18.32.010 Permitted Uses
18.32.020 Conditional Uses
18.32.030 Lot Requirements
18.32.040 Setback Requirements
18.32.050 Building Height
18.32.060 Additional Requirements
18.32.010 Permitted Uses. No buil,?ing, structure or land shall be used
and no building or structure shall be hereafter erected, enlarged or
altered in the C-4 zone except for the following uses:
(1) Bakery, provided any manufacture of goods is limited to
goods retailed on the premises only;
(2) Barbershop;
i3 Beauty parlor;
�43 Collection station for dry cleaning or laundry;
(5) Delicatessen store;
(6) Department store;
(7) Drug store or pharmacy including incidental fountain service
but not including any other use unless specifically permitted
under this chapter;
(8) Florist or flower shop;
(9 Gift shop;
(10 Grocery store;
(11) Hardware store;
(12) Jewelry store;
(13) Laundromat;
(14) Meat market;
15) Record shop;
16 Shoe repair
17) Stationery and book stores open to persons of all ages
without patronage restrictions;
-3-
ORDINANCE No. 75
(18) Tailor shop, dress shop, clothing store; other similar service
or retail use, if approved by the Planning Commission, and
subject to the same conditions;
(19) Variety store (Ord. 72-70 S3, 1972; Ord. 70-32 S150-1, 1970).
18.32.020 Conditional Uses. In the C-4 zone the .following uses and
their accessory uses are permitted as conditional uses when in accord-
dance with Chapters 18.72 and 18.84:
(1) Conditional use as permitted in an A-2 zone;
(2) Garden supply store;
�3) Home occupations;
4) Multi-family dwelling subject to the regulations of an A-2
zone;
(5) Public utility;
6 Restaurants;
U) Serviuc ,Mations (incidental repairs only);
(8) Any business service, processing, storage or display
essential or incidental to any permitted use in the C-4
zone and not conducted entirely within an enclosed building; i
(9) Doctor or dentist and professional or commercial office.
(Ord. 70-32 S150-2, 1970).
18.32.030 Lot Requirements. In the C-4 zone the lot requirements
s shall be as follows:
i
(1) The minimum lot area shall be six thousand sq. ft.; f
(2) The minimum lot width shall be sixty feet;
(3) The maximum lot coverage shall be sixty percent. (Ord.
70-32 5150-3, 1970).
18.32._040 Setback Requirements. Except as may otherwise be provided
in Section 18.12.100, the setbacks for non-residential uses in the C-4
zone shall be as follows:
(1) The front yard setback shall be twenty feet;
(2) No side yard setback shall be required, except when abutting
a residential zone, a side yard setback of five feet shall
be required;
(3) No rear yard setback shall be required, except when abutting
a residential zone, a rear yard setback of twenty-five feet
shall be required. (Ord. 70-32 S150-4, 1970).
18.32.050 Building Height. Except as otherwise provided in Section
18.12.110, no building in the C-4 zone shall exceed a height of three
stories or thirty-five feet, whichever is less. (Ord. 70-32 S150-5,
1970).
18.32.060 Additional Requirements. Additional requirements applicable
to the C- zone include, but are not limited to; the following:
�1 Off-street parking and loading, see Chapter 18.60;
2� Access and egress, see Chapter 18.64;
(3) Enclosure and screening required, see Section 18.12.089;
(4) Signs, advertising signs and sign structures shall be I
subject to the conditions, limitations, prohibitions and
requirements of Title 16, to which particular reference
is made;
(5) Landscaping - a minimum of 15% of the total lot area shall ;
be landscaped; in addition, see Chapters 18.58, Site
Development Plan and 18.59, Architectural Design Review;
(6) Nuisances prohibited, see Section 18.12.070. (Ord. 71-4
S7 (part), 1971; Ord. 70-32 S150-6, 1970).
-4-
t-.
ORDINANCE No. 75-
S CTION 5_: Trigs Ordinance shall be effective on the 31st day after
its passage by the Council and signature of the Mayor.
PASSED: By ^ vote of all Council members presents after
beingW res times by number and title only, this a,,a
day of June 1975.
scar er - of Tigard
1
APPROVED: By the Mayor, this 23rd day of June , 1975.
Mayor - CIty or Tigard,
-5-
ORDINANCE No. 75--da—
"da