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Ordinance No. 84-69 CITY OF TIGAR" OREGON ORDINANCE NO. 04—Ll— AN ORDINANCE AMENDING THE COMMUNITY DEVELOPMENT CODE AND DECLARING AN EMERGENCY (ZOA 7W-94) WHEREAS, the City of Tigard finds it necessary to revise its Community Development Code periodically to improve the operation and implementation of the Code; and WHEREAS, the Tigard City Council has reviewed the Community Development Code and has adopted the same; and WHEREAS, the Community Development Code was submitted to the Land Conservation and Development Commission for acknowledgement with other elements of the Comprehensive Plan; and WHEREAS, the City of Tigard Planning Commission held public hearings on the proposed changes on November 13, 1984; and WHEREAS, the Tigard City Council held a. public hearing on the proposed changes on November 26, 1984. THE CITY OF TIGARD ORDAINS AS FOLLOWS: Section 1. The Community Development Code shall be amended as setfor•th in Exhibit "A" attached. Items to be added are underlined, items to be deleted are shown in [brackets]. Section 2. In order that the Community Development Code may improve the operation and implementation of the Code and to protect the public health, safety and welfare, an emergency is hereby declared to exist and this Ordinance shall become effective upon, its passage by the Council and approval by the Mayor. PASSED: 9y Y��it��ir } vote of all Council members present after being read by number and title only, this _�n`7 day of _� vy , 1984. 'Ov)Deputy City Recorder — City of Tigard APPROVED: This day of t�Glm�c�ir 1984. City of Tigard APPROVED AS TO FORM: it Attorr9e$ n (EAN:bsi0711P) J a EXHIBIT "A" Page in TMC Section dumber Change 314»-114 18.140.010 Add: Sc) This Chapter does not apply to seasonal and special events e.,-,ducted by «nd totally for the benefit of a Tigard based non_Prof it or3anization. 230 18,32,090(c) Delete: [(2) A quasi-judicial comprehensive plan amendment, pursuant to procedures for decision making set forth in Chapter 18.30 of this code.] 230 1.8.32.090(c) Add: A ctuasi--Judicial comprehensive plan amendment except: a. The Planning Commission's function shall be limited to a recommendation to the Council-;- b. The Planning Commission may transmit their recommendation in any form and a final order need not be formally adopted: ti cc. The Council hearing shall be a de �- novo hearing and a final order . shall be fo alj�Lado tp ed. 230 18.32,090(c) Delete: [(3) Quasi-judicial zoning map amendments.] 230 18,32.090(c) Add: 3. A quasi-Judicial zoni_r _ amendment pursuant to Char 18.130 except where the zone chane application is bean heard concurrent with a_ quasi-Judicial u plan amendment. In such—a situation the zone ch4ngg shall be decided in the same manner as a quasi--Judicial plan amendment`. 207 18.26.030 Add: (in alphabetical order) EAEMiM. Farming. truck gardening, orchards, and nurseries, provided no retail or wholesale business sales office__is maintained on the miser, and provided that no poultry _or, livestock, other than normal household pets, are housed pr__an fenced run is "located within` one; hundred feet of anv residence other than the dwelliM on the same lot_ EXHIBIT "A" FOR`ZOA 7-84 PAGE 1 . 213 18.26.030 Add: (in alphabetical order) ripard Based Non-Profit Organization - An organization which has non profit status as defined by the State of gregon which raises funds which are used , by,__ the organization which is located in Tigard 288 18.66.054(F) Delete [(6) The minimum landscape requirement shall be twenty percent.] 288 18.66.054(F) Add The minimum landscape requirement shall be 20% on newly developed property. Landscaped areas on existing develop d i_3rooerty in^the CBD shall be retained. Buffering and screening requirements set forth in Chanter 18.100 shall be met for existing and new development. — 227 18.32.060(a)(3) Delete: [Within 35 days] 227 18.32.060(a)(3) Add: Within 60 days 228 18.32.060(a)(3)(0)(5) Delete language shown here in [brackets] The register shall [at all times] identify at what stage. . . '- 2.30 28.32.090(a) Add: 13�Tree Removal Permits. 2?0 le.32.090(c) Add: 12. Variances to subdivision standards. 13. Recommendations to the _ Ci-t9 Council on annexations. 14. Quasi-iudicial zoniM- designations on property to be annexed. 231 18.32.090(d) Md: 4. quasi-iudicial Alan amendments. S. Resolutions to the Boundary M Commission for annex&t+.Ons, 242 18.32.260(a) Deleta language shown here in [brackets]. (1) Signed by the Director in the case of a final decision by the director and filed [with the City Recorder] as a final decision within teen calendar days. 242 18.32.260(x) Delete language shown here in [brackets]. (2) Formally adopted and signed by the chairperson of the approving authority other than the director and filed with the director [and the City Recorder] within ten, calendar days of. . . EXHIBIT "A" FOR ZOA 7-84 'PACE 2 245 18.32.320(b)(1) Delete language shown here in [brackets]. . . .each member of the reviewing body shall be provided with a [tape recording] of the proceeding. . . 245 18.32.320(b)(1) Add language underlined below: . . .each member, of the reviewing body shall be provided with a transcript of the proceeding. . . 245---1 18.32.330 Delete: [(b) The appellant shall be responsible to satisfy all costs incurred for preparation of the transcript. Payment shall be made in full at least five days prior to the hearing.]. 245-1 18.32.330 Add: jtj�The appellant shall be responsible to satisfy cost incurred for preparation of the transcript at a rate of actual costs up to $500.00 and one-half costs for any amount incurred over $500.00. Payment shall be_made in full at least 5 days prior to the hearirq_ 246 18.31..370 Delete: [(a) The approval authoritg shall act upon the appeal or review r within thirty-three days of filing unle3s such time limitation is extended with the consent of the parties; however unless otherwise ordered by the hearings body or Council, the director shall take such appeals in the order in which they are filed; and] i-a 246 18.32.370 Change (b) and (c) to (a) and (b) 246 18.32.370(c) Add language underlined below: . . .the approval authority may remand the matter if it is satisfied that testimony or other evidence could not have been presented or was not available at the time of the hearing. 246 18.32.380 Delete language as shown here in k [brackets]. Final action of the approval authority---Effective date—..[Petition for rehearing.] z _ 260 18.44.030 Add: L41 Farming 262 18.46.030 Add r4 Farina EXHIBIT "A" FOR XOA 7-84 PAGE 3 264 18 48.030 Add: Farming { 266 18.50.030 Add: (4) Farming 268 18.52.030 Add: M Farming 290 18.68.030 Add: L41 Farmi 292 18.70.030 Add: M Farming 295 18.72.030 Add: J41 Farming 214-68 18.114.120(d)(3) Delete language shown here in [brackets) Signs which the successor to a ,person's ltilBusiness 'or business aui.oic.av��3 agrees o maintain as provided in this chapter need not be removed in accordance with this section. 244 18.32.300 Add: (c) The Director may brant an extension of the _appeal period on a Directors decision for a reasonable time only if requested —b-v- the applicant and in the condition where no appeal has been filed to that dates (EAN:bsi0791p) " xs 'a EXHIBIT "W' FOR ZOA 7-84 PAGE 4