Ordinance No. 81-54 CITY OF TIGARD, OREGON
ORDINANCE NO. 81-d4
AN ORDINANCE REQUIRING PERMITS FOR CERTAIN TEMPORARY LAND USES
AND AMENDING SECTIONS 18. 80.010 and 18. 80.030 (4) OF THE TIGARD
MUNICIPAL CODE.
The City of Tigard has a responsibility to encourage the most
appropriate use of the land in the city, to prevent undue congestion
on the streets, to facilitate adequate provision of fire and police
protection and to promote public health, safety and convenience.
The City Council believes that for the public welfare, temporary
land uses, particularly vending, should be permitted but regulated.
NOW, THEREFORE, THE CITY OF TIGARD DOES ORDAIN AS FOLLOWS:
Section l: TITLE 18, Chapter 18. 80 Temporary Uses of the Tigard
Municipal Code is amended as follows: (existing
language in brackets is omitted; new language to be added is under-
lined)
Chapter 18. 80
TEMPORARY USES
Sections:
18.80.010 Authorization.
18.80.020 Issuance authorities.
18. 80.030 Required conditions.
18.80.010 Authorization. Following the procedure for variances
as set forth in Chapter 18.76, the Planning Commission, either
directly or by delegation to the City Administrator, may authorize
temporary uses of public or private property or the use of temporary
structures on public or private]aT property.
The Planning Commission, or approving authority, shall attach
such conditions to the temporary or emergency use of the property
as is necessary to assure discontinuance thereof in accordance with
the terms of the authorization, to protect the interests of the
surrounding property and neighborhood, and to assure substantial
compliance with the purposes of this title. (Ord. 70-32 §245-1, 1970) .
Holders of temporary use permits shall have the permit at the (`
site of the temporary use and available for inspection. F
18.80.020 . Issuance authorities. The levels of authority for
issuance of temporary use permits shall be as follows:
(1) Planning Commission and/or City Administrator. The ¢.
Planning Commission, either directly or by delegation of authority
to the City Administrator, may issue temporary permits which shall
terminate within sixty days from the date of issuance.
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ORDINANCE No.81- i;
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(2) Planning Commission. The Planning Commission may issue
temporary permits to terminate within six months from the date of
issuance.
The Planning Commission is empowered, either directly or by
delegation of authority to the City Administrator, in 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
Planning Commission as herein provided.
(3) City Council. Applications for temporary use permits
to continue in effect for a longer period than six months from
date of issuance may be granted only by the City Council, following
the procedure for conditional uses as set forth in Chapter 18.84.
(Ord. 72-62 56, 1972: Ord. 70-32 §245-2, 1970) .
18.80.030 Required conditions. Applicants for temporary use
permits shall submit such evidence as may be required to enable
the Planning Commission or the City Administrator to make a finding
that one or more of the following conditions exists:
(1) That the need for the temporary use or occupancy permit
is the direct result of a casualty loss, such as fire, windstorm,
flood or other severe damage by the elements to a preexisting
structure or facility previously occupied by the applicant on the
premises for which the permit is sought;
(2) That the applicant has been evicted within sixty days of
the date of his application from a preexisting occupancy of the
premises for which the permit is sought as a result of condemnation
nrocePdngs ley a piihl ic authcraty, or evict-Jon by abatement Vf
nuisance proceedings, or by determination of a public body or court
having jurisdiction that the continued occupancy of the facilities
previously occupied constitutes a nuisance or is unsafe for con-
tinued use;
(3) Loss of leasehold occupancy rights by the applicant due
to unforeseeable circumstances or other hardship beyond the fore-
sight and control of the applicant;
(4) That the temporary occupancy required is limited in
duration by the purposes for which the permit is sought, such as
(Christmas tree sales, ] parade stands, circus, fairs, or other
exhibitions, sales of goods, wares, merchandise, 2roduce, or
Christmas trees, and other kindred similar obviously temporary
needs; and that there exists adequateing sr sr s and egress when
combined with permanent use of property; there exists adequate
�arkina for customers of temporary vendors; the use will not result
in congestion on adjacent streets; and the use poses no hazard or
inconvenience to pedestrians or vehicles in the area of the use;
(5) That the purpose for which the temporary use or occupancy
permit is sought is compatible with and incident to the completion
of the basic purpose for which the land is being developed, and
the duration of such use is limited by the period of development,
such as temporary sales office in a residential district. (Ord.
70-32 §245-3, 1970)
ORDINXNCE NO. 81-
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Section 2: Title 5, BUSINESS LICENSES AND REGULATIONS of the
Tigard Municipal Code is amended as follows: (existing
language in brackets is omitted; new language to be added is under-
lined) .
5.04.030 Required.
(a) There are imposed upon the businesses
certazn license fees in the amount described in Section 5.04.040..
It is unlawful for any person to transact business in this city
without first obtaining a business license.
(b) Each branch establishment of a business shall be con-
sidered a separate business and as such shall be subject to the
conditions herein outlined. Warehouses used solely incidental to
a business licensed pursuant to the provisions of this chapter
shall not be considered a separate business.
(c) Whenever a partnership or firm is established in which
two or more persons of the firm are licensed under state law, the
license for such a partnership or firm shall be twice the amount
indicated in Section 5.04.040. (Ord. 78-37 §2 (part) , 1978) .
(d) Whenever a business is required by Title 18, ZONING of
the,Tigard Municipal Code to have a temporary use permit, the
business must have a business license at the site and available
for inspection.
Section 3: That inasmuch as it is necessary for the peace, health
and safety of the people of the City of Tigard that
this ordinance go into effect with the least possible delay, an
emergency is declared to exist and this ordinance shall become
® apon its passage by the Council and signature by the
Mayor.
PASSED: By the Council, by unanimous vote of all Council members,
after being read two times by number and title only,
this g q day of�-&he 1981.
0 �
Recorder - City oTigard
APPROVED: By the Mayor, this _ day of ala-m,a , 1981.
Mayor - City of Tigard
ORDINANCE No. 81-
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