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Ordinance No. 86-08 CITY OF TI:GARD, OREGON ORGINANCE NO. 86–_4:� AN ORDINANCE AMENDING SECTIONS 18.146,010, 18.146.020, 18.146.050, 18.100.110(0), 18.66.090, 18.144.02.0, 18.60.040(b), 18.62.030(1)(E), 18.64.030(1)(E), 18.66.030(1)(E), 18.68.030(1)(B), 18.70.030(1)(C), 18.72.030(1)(D),18.104, 18.80.015(c), 18.84.040(a), 18.114.130(c)(2)(A) OF 'THE COMMUNITY DEVELOPMENT' CODE AND POLICY 7.1.2a.2. OF THE FINDINGS POLICIES AND IMPLEMENTATION STRATEGIES DOCUMENT (ZOA 5-85) WHEREAS, the City of Tigard finds it necessary to revise its Community ueuelopieirit Cour 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, 'Tile City of Tigard Planning Commission held public hearings on the proposed changes on December 3, 1985; and WHEREAS, the Tigard City Council held a public hearing on the proposed changes on January 13, 1986 THE CITY OF TIGARD ORDAINS AS FOLLCA SECTION 1: The Community Development Code shall be amended as shown in Exhibit "A attached. Language to be added is UNDERLINED. Language to be deleted is shown in [BRACKETS]. € SECTION 2: That this urdinance shall. be effective or, and after the 31st dr after its passage by -the Council, and approval by the Mayor. MASSED: By Lt nc�n i mr��.ss vote of all Council members present after being read by number and title only, this 1-0 _._ day of Fr to Yu0.tj(j_, 1986. _oreen R. Wilson, Deputy Recorder APPROVED: 'This Gln day of 1 1986. �o Cook, Mayo; (2346P) ORDINANCE NO 86-•G Pace± l EXHIBIT "A" 18.146 FLEXIBLE SETBACK STANDARDS FOR 0EVEL09EU LOTS [18.146,010) Purpose The purpose of this Chapter is to provide for the reduction of the front, rear, and corner- side yard setback area where such a reduction is necessary to enlarge an existing single family residential dwelling.] 18.146.010 Purpose The purpose of this Chapter i3 _ta_ row_ vide_.for the reduction of rid setback areas where « re_duction is necessary - enlarg,2 an existi.n structure. [15.146.020 Applicability — - The provisions of this Chapter shall. apply to the R-3.5, R--4.5 and R-7 zoning districts.3 - -- 18.146.020 Applicability The provisions of this chapter shall_aPPI to additions to existing buildings in all zor.in� aistr;cts._ �- [18.146.050 Approval Criteria (a) The front, rear or corner side yard setback areas may be reduced to 15 feet provided the following standards are satisfied; ' (1) The reduction of the setbp.ck area established by the applicable zoning district shall be necessary to allow for the enlargement or remodeling of an existing single family residential dwelling; (2) The garage shall satisfy the setback requirements of the 'applicable zoning district; (3) The standards of Chapter 18.102 (VISUAL CLEARANCE) shall be satisfied; (4) The maximum lot coverage shall not exceed the maKimudn F, lot coverage of the base zone; and (5) The rear property line shall be landscaped with site obscuring plantings in accordance with the standards set forth in 18.100 (LANDSCAPING AND SCREENING).] K ORDINANCE NO. 86— Page 2 18.1456.050 Approval Criteria The front_rear, side, and _corner_1ard and through lot setback re uir_ements in the_aRplicab a one may be reduced up to 20 percent provided thefullowi.n�c standards are satisfied: LIJ TFIe reduction of the setback area established by the applicable zoning district_shall be necessary to allow. for the enlargement or remodeling _of an existing buildin_q.. ( Ther,garacie setback to the front property line _shall satisfy_ -the requirements of the applicable zoning dtstri.c:t� The standards of Chanter 18.102 (VISUAL CLEARANCE shall be satisfied-. (� The resulting lot coverage shall not exceed the maximum lot coverage of the base zone; ' �Z The proposed addition shall not encroach upon an existing easements; {5; When 1-ho prone sed addition is w�thin-the rear yard, the _ - adjacent to the rear property line shall be lands with sight obscuring plantings in accordance with the standards st forth in 18.1410.080 LANDSCAPING AND SCREENING); and Setbacks buffering and screening requirements that t2Rply_ when commercial and industrial zones abut_ a k,. residential zone shall be satisfied. i' 18,100.1110 [(c) Screening of Swimming Pools. All swimming pools shall be enclosed with a 4-1/2 foot fence surrounding the pool when the pool is greaten than 18 inches deep. Fences shall have a self-latching gate.' Ic Screening of ywimmino _Pools. All swimming gaols shall be enclosed as required by Chabter 14.20 of the Tigard Municipal Code. _ 18.66.030 (1) - Civic Use Types (a Religious Assembly ORUINANCCE NO. 85 Page 3 ............................... - ... -...-.... 18,144.020 Definition Accessory structure ineans a subordinate structure located on the lot, the use of which is clearly incidental to and associated with the principal structure. Where an accessory structure is attached to the principal structure, in a substantial mariner, as by a roof, such accessory structure shall be considered as a part of the principal structure, Examples of accessory structures are barns, garages, carports, playhouses, sheds, [kennels for domestic animals], nriv.- to greenhouses, y:s_2�iv3, storage buildings, boat houses and docks, wind generating devices, swimming pool pump houses, and radio and television receiving antenna "towers and dishes. 18.60,040 (6) [Parking Services] Parkin Facilities - - 6 18.62.030 (1)(E) [Parking Services) Parkin rFacilities 18,64.030(l)(E) [Parking Services] Parkir~r. Facilities 18.66.030 (1)(E) [Parking Services] i Parking Facilities 18.68.030_(1)(B) [Parking Services] Parking Facilities 18.70.030 (1)(B) (Parking Services] Parkinq Facilities 18.72.030(1)(17) [Parking Services] Park iLig--Facilities 18. 2.120(a)(1)(B) All owners of record within 250 [1003 feet of the property; [18,104 FUEL. TANK INSTALLATIONS (a) All above ground fuel tank installations are prohibited. } 9 (b) Underground fuel tanks may be installed in all districts provided: ORDINANCE NO. 86._ j Page 4 (1) An application for a Conditional Use Permit shall be approved by the Hearings Officer in accordance with Section 18.32.,160 prior to installation. (2) Application for a Conditional Use Permit shall be accompanied by a signed, approved document from the applicable fire district.; ' 18.104 FUEL TANK INSTALLATIONS 18.104,010 Pur ose i _i'he purpose of these regulations is to guide the installation of statzor:ary fuel tanks within the City limits in residential commercial and industrial zones.- 9 R 18.104.020 Definitions ; J�j Tank shall mean a vessel containing more than 60 U.S. gallons. Container shall mean any can, bucket, barrel, drum or portable tank (except sty*ion ry_ tanks), tank vehicles and tank cans. " t Fuel shall mean kerosene or any hydrocarbon oil or lioui.fied petroleum etas conforming to nationally�recognized standards. Hydrocarbon oils shall have a -fl.ash__Point of not less than � 100°_ F, ; 18.104.030 Applicability §' Theprovisions of this_chapter shall appy to all new and z' existing_ development in all zoning districts. These provisions shall not apply to non--standard fuel containers. gg 18.104..040 Requirements All stationary containers, tanks, equipment and a�aratus � used or intended to be used for the _story e, handling. use or sale of flammable or combustible liquids or• fuels shall be of an approved type as per the Uniform Fire Code. - Small tanks or containers, with capacities of 60 U.S. gallons ;` or less, used or intended to be used for the above--ground storage of residential or home heatina fuels are permitted in all districts when they_ conform to the standards and requirements of the Uniform Fire Code and local fire district requirements. : (c) Installation of _all fuel tanks with capacities greater than p 60 U.S. allons shall be prohibited aboveground in all districts. ORDINANCE W 86 Page a _ v (djep cific concerns of tank placement on ;;t site with res ct to topoarhical conditions barricades, walls, building exits, proxi-mity _- to buildings or ad.iacent oroverties, tank construction and storage permits for Class I, II, and III liquids small be addressed prior to the time of building_code permit apia gvaI and site �--development review, (where fpjplicabj:q�) and shall conform to all requirements of the Uniform Fire Code and the applicable fire district. 18.80.015 The Process (c) The Planned Development overlay Zone shall. be processed in the same manner as a Lone change under the provision of Section 18.32, Administrative Procedures except in the situation whare zone change is part of a legislative rezoning. In the case of an existing Planned Development pverlay_ zone for a subdivision,_conditional use or site development review mpij tion, the _ +r aposalshall be r,viewed by the Planning Commission. In the case of an existing Planned Devela�riient overla zone for any other type of aAplication,_ the applic�._'on shall be reviewed under the provisions required in the- Chapters which apply to the particularland use application. 18.84.040(a)(5) The land form alteration or development plan includes a pedestrian/bicycle pathway in accordance with the adopted pedestrian/bicycle pathway plan; unless the construction of said pathway is deemed be�the Hearings 0`f icer as time_1�_ 18.84.040(a) 7._ The land within the 100 year flood �alazn_boundary shall be dedicated to the public. 18.114.130(c)(2)(Ai [Allowable Area. Wall signs, including illuminated reader boards, may be erected or maintained but shall not exceed in gross area 15% of the building frontage occupied by the tenant . 18.114.130(c)(2)(A) Allowable Area. Fall signs, including illuminated reader beards, may be erected or maintained but shall not exceed_ in gross area 25% of the total area of the wall face upon which the sign is attached. Volume Two Findings Policies and Implementation Strategies. 7.1,2.a.2 [PUBLIC SEWER (NEW DEVELOPMENT ON SEPTIC TANKS SHALL NOT BE ALLOWED WITHIN THE CITY); AND] PUBLIC SEWER SHALL DE REQUIRED FOR NEW DEVELOPMENT WITHIN THE CITY UNLESS THE PROPERTY INVOLVED IS OVER 300 FEET FROM A SEWER LINE AND WASHINGTON COUNTY HEALTH DEPARTMENT APPROVAL FOR A _PRIVATE DISPOSAL SYSTEM IS OBTAINED nP (2346P) ORDINANCE NO. 86- Page 6