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Ordinance No. 89-06 CITY OF TIGARDr OREGON ORDINANCE NO. 89-)� AN ORDINANCE TO A.*SEND TITLE 18 OF THE TIGARD MUNICIPAL CODE AND SETTING AN EFFECTIVE DATE. (ZOA 88-02). 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 Planning Staff made recommendation of findings to the City of Tigard Planning Commission on July S, 1988, October 13, 1988, November 22, 1988, December 13, 1988, and January 24, 1989; and WHEREAS, tha Tigard City Council held a public hearing on the proposed changes on February 27, 1989. NOW, THEREFORE, THE CITY OF TIGARD ^ORD AINTS AS FOLLOWS: SECTION 1: Title 18 of the Tigard Municipal Code shall be amended as shown in Exhibit "A". Language to be deleted is shown in (BRACKETS]. Language to be added is UNDERLINED. SECTION 2: Title 18 is hereby adopted in its entirety as set forth in Exhibit SECTION 3: This ordinance shall be effective on and after the 30th day after its passage by the Council, approval by the Mayor and posting by the Recorder. PASSED: ,By LtrICM M OU 5 vote of all Council members present after being read by number and title only, this r_9"'-_7t_h day of- _. eJoA L ._.—i(r�a 1989. ✓� ' Ca Brine Wheatley, Deputy CWty Recorder APPROVED: This "o-I{6 day of txt , 1989. _. Gerald R. dwgrd�, Mayor - City of Tigard APPROVED AS TO FORKD ' rATEk City Attor e fbr. oro CITY OF TIGARD LAND USE CODE TITLE 18 3 Title 18 ZONING* Chapters: I. INTRODUCTORY PROVISIONS 18.01 Title 18.02 Purpose 18.04 Effective Date 18.06 Severability 18.08 Compliance :: d Scope 18.10 Consistency with the Plan and Laws 18.12 Interpretation 18.14 Use of a Development 18. 16 Pre.-existing Approvals 18.18 Certificate of Occupancy 18.20 Oflficial Action 18.22 Amendments to the Title [Code] and Map 18.24 Enforcement 18.26 Definitions II. PROCEDURES FOR DECISION MAKING 18.30 Procedures for Decision Makir ,: Legislative 18.32 Procedures for Decision Making: Quasi-Judicial LII, ZONING DISTRICT CLASSIFICATIONS AND REQUIREMENTS 18.40 Administration 18.42 Use Classifications 1$.43 Unlisted Uses: Authorization of Similar Uses Residential 18.44 R-1 Single-Family Residential (30,000) 18.46 R-2 Single--Family Residential (2.0,000 Square Feet) 18.48 R-3.5 Single-f=amily Residential (10,000 Square Feet) 18.50 R-4.5 Single-Family Residential (7,500 Square Feet) (5,000 Square Feet Duplex Per Unit) 3"0.52 R-7 Single-Family Residential (5,000 Square Feel: Detac'r.ed Per Unit) (5,000 Square Feet !attached Per Unit) 18.54 R-12 Multiple-Family Residential (12 Units Per Acre) ' 18.56 R-25 Multiple-Family Residential (25 Units Per Acre) 18.58 R-40 Multiple--Family Residential (40+ Units Per Acre) c Commercial 18.60 C-N: Neighborhood Commercial District 18.62 C-G: General Commercial District 18.64 C--P: Professional/Administrative Office Commercial District 18.66 CBD: Central Business District Ord. 83-52 also ratified Volumes 1 and 2 of the Tigard Comprehensive Plan, which are on view in the office of the City Recorder. Chapters: (continued) Industrial 18.68 I-P: Industrial Park District 18.70 I-L: Light Indus t; '.al 18.72 I-H: Heavy Industrial IV. OVERLAY DISTRICTS 18.80 Planned Development 18.62 Historic Overlay District 18.84 Sensitive Lands 18.86 Action Areas V. SUPPLEMENTAL PROVISIONS 18.90 Environmental Performance Standards 18.92 Density Computations 18.94 Manufactured/Mobile Home Regulations 18.96 Additional Yard Setback Requirements and Exceptions 18.98 Building Height Limitations: Exceptions 18.100 Landscaping and Screening 18.102 Visual Clearance Areas 18.104 Fuel Tank Installations 18.106 Off-Street Parking and Loading Requirements 18.106 Accesr, Egress, and Circulation 18.114 Signs VI. SITE DEVELOPMENT REVIEW) 18. 120 Site Development Review 'a VIZ. DEVELOPMENT T A!Ln. Ar"TNTSTDATTON 18.130 Conditional Use 18.132 Nonconforming Situations 18,134 Variance 18.136 Annexations 18.138 Established Area: Developing Area Classification 18.140 Temporary Uses 18.142 Home Occupations 18.144 Accessory Structures 18.146 Flexible Setback Standards [for Developed Lots] 18.148 Zero Lot Line Setback Standards 18.150 Tree Removal VIII. LAND DIVISION AND DEVELOPMENT STANDARDS 18.160 Land Division: Subdivision 18.162 Land Division: Major and Minor Land Partitioning Lot Line Adjustment 18.164 Street and Utility Improvement Standards Chapter 18.01 TITLE Sections: 18.01.010 Title 18.01,010 Title The ordinances codified in this title shall be known as the "Community Development Code of the City of Tigard," and shall be referred to in this title as this title [code]. (Ord, 83-52) i mm.f 3 fi r - a OrdinanceNo. 89-- -1— Chapter 16.02 PURPOSE Sections: 18.02.010 Purpose 18.02,010 Rurpose As a means of promoting the general health, safety and welfare of the public, this title [code] is designed to set forth the standards and procedures governing the development and use of land in Tigard and to implement the Tigard comprehensive plan. To these ends, it is the purpose of this title [code] to: A.[(1)] Ensure that the development of property within the City is commensurate with the physical characteristics of the land, and in general, to promote and protect the public health, safety, convenience and welfare; A.[(2)] Promote and diversify the economy of the City; C.[(3)] Ensure [Assure] the continued provision of an adequate type and supply of land for various uses sufficient to accommodate future growth; r ®.[(4)] Encourage the provision of affordable housing in quantities adequate to allow all persons some reasonable choice in the selection of a place to live; E•[(5)] Conserve all forms of energy through sound economical use of land and land uses developed on the lanr'; ry C.'[(6)] Provide for the orderly and efficient transition from rural to urban land use; G.[(7)] Afford an efficient and orderly development and arrangement of public services and facilities within.-the City; Fi. [(8)] Provide for and encourage a safe, convenient and economic transportation system within the City; I. [(9)] Protect the quality of air and water resources of the City; J.[(10)] Protect life and property in areas subject to floods, landslides and other natural disasters and hazards; N.[(11)] Provide for the recreational needs of residents of Tigard and visitors to the City; v HMMSz Ordinance No. 89— _2_ L.[(12)] Provide the means for citizens to be involved in all aspects of the planning process; t [(13)] Conserve needed open space and protect historic, cultural, natural and scenic resources; and h [(14)] Provide for the review of those uses which may have a detrimental impact on the community. (Ord. 03-52) S Ordinance No. 89— —3 Chapter 18.04 EFFECTIVE DATE Sections: 18.04.010 Effective Date 18.04.010 Effective Date A. An ordinance becomes effective immediately under an emergency clause or as otherwise provided by the charter or ordinance. (Ord. 83-52) f � n ;4 s a ax Ordinance No. 89— —4- Chapter 18.06 SEVERABILITY Sections; 18.06.010 Severability 18,06.010 Severability A. The provisions of this title [code] are severable. If any section, sentence, clause or phrase of this title [code] is adjudged t, be invalid by a court of competent jurisdiction, that decision shall not affect the validity of the remaining portion of this title [code], (Ord. 83-52) 4 HIM t s Ordinance No. 89— 5 k Chapter 18.08 k_ COMPLIANCE AND SCOPE i Sections: r 18.08.010 Compliance and Scope 18.08.010 Compliance and Scope A.[(a)] Land and structures may be used or, developed by construction, ` reconstruction, alteration, occupancy, use or otherwise, only as this title [code] or any amendment thereto permits. B.[(b)] The requirements of this title [code] apply to the person undertaking the development or the use of the development and to the person's successor in interest. " C.[(c)] Where this title. [code] imposes greater restrictions than those imposed or required by other rules or regulations, the most restrictive or that imposing the higher standard shall govern. i{{ f D. [(d)] No lot area, yard, oi�er open space or off-street parking or loading area existing on or after the effective date of the ordinance codified in this title shall be reduced below the minimum required ' for it by this title [code] except as provided by Chapters 18.134 i and 18.150. s- j(e)] No lot area, yard or other open space or off--street parking or loading area which is required by this title [code] for one use shall be a required lot area, yard or other open space of off-street parking or loading area for another use, except as provided specifically by this title [code] to the contrary. (Ord. 83-52) Ordinance No. 89- -6- Chapter 18. 10 CONSISTENCY WITH THE PLAN AND LAWS Sections; 18.10,010 Consistency with the Plan and Laws 18.10.010 Consistency with the Plan and Laws A. Each development and use application and other procedure initiated under this title [code] shall be consistent with the adopted comprehensive plan of the City of Tigard as implemented by this title [code] and with applicable state and federal laws and regulations. All provisions of this title [code] shall be construed in conformity with the adopted comprehensive plan. (Ord. 83-52) M ti i i Ordinance No. 89— -7— Chapter 18.12 INTERPRETATION Sections: 18.12.010 Interpretation 18,12_101Q _ Interpretation r Ai. [(a)] The Director shall have [has] the initial authority and ! responsibility to interpret all terms, provisions and requirements of this title [code]. A request for an interpretation shall be made in Writing to the Director. The Director's interpretation may be appealed to the Commission as provided by Section 18.32.310.A. provided in subsection A of B. [(b)] The Director may develop guidelines as ( ) this section to aid in the implementation and interpretation of the provisions of this title [code]. C.[(c)] The Director shall keep on file in the department of Community [planning and] development a record of all interpretations. (Ord. 83-57) Ordinance No. 89— -8— y Chapter 18.14 USE OF A DEVELOPMENT Sections: 18.14.010 Use of a Development 18.14.010 Use of a Development A. A development shall be used only for a lawful use. A lawful use of a development is one that is not prohibited by law and for which the development is designed, arranged and intended or which is a continuing nonconforming use. (Ord. 83-52) Ordinance No. 85 .g. Chapter 18.16 PRE—EXISTING APPROVALS Sections: 18.16.010 Pre—existing Approvals 18.15.010 Pre—existing Approvals q.[(a)] Planned developments, including the approved density, subdivisions, projects requiring site development review approval or other development applications for which approvals were granted prior to the effective date of the code codified in this title may occur pursuant to such approvals. Q.[(b)] All development proposals received by the Director after the adoption of this title [code] shall be subject to review for conformance with the standards under this title [code]. • or as otherwise provided by state law. (Ord. 83-52) f r . m k Ordinance No. 89- i,— Chapter 18.18 CERTIFICATE OF OCCUPANCY Sections: 18.18.010 Certificate of Occupancy 18 18 010 Certificate of Occupant A.[(a)3 In order to ensure [assure3 completion of the work in the manner and at the time approved, the structure or use shall not be used or occupied for the purposes set forth in the building permit application until the City has issued a certificate of occupancy following completion of the work in substantial conformance to the permit. g,[(b)] Prior to the final completion of all work, a certificate of occupancy may be issued for a portion of the structure conditioned upon further work being completed by a date certain. (Ord. 83-52) f am f i i i t 4 f' I ordinance No. 89- -11— Chanter 18.20 OFFICIAL ACTION Sections: 18.20.010 Official Action 18.20.010 Official Action A.[(a)] All officials, departments and employees of the City vested with authority to issue permits or grant approvals shall adhere to and require conformance with this title [code], and shall issue no permit or grant approval for any development or use which violates or fails to comply with conditions or standards imposed to carry out this title [code]. j(b)] Any permit or approval issued or granted in conflict with the provisions of this chapter shall be void. (Ord. 83-52) 4 Ordinance No. 89- 12 Chapter 18.22 AMENDMENTS TO THE TITLE [CODE] AND MAP Sections: 18.22.010 Purpose 18.22.020 Legislative Amendments to this Title [Code] and Map 18,22,030 Quasi--Judicial Amendments and Procedures 18.22.040 Quasi—Judicial Amendments and Standards for Making the Decision 18.22.050 Conditions of Approval 18,22.060 Record of Amendments 18.22,010 Purpose A.[(a)] The purpose of this chapter, is to set forth the standard and propose governing legislative and quasi-judicial amendments to this title i [code] and the zoning district map. B.[(6)] Amendments may be necessary from time to time to reflect changing community conditions, needs and desires, to correct mistakes or to address changes in the law. (Ord, 83-52) 18 2't 020 Leqislative Amendments to this Title [Code] and Map 4 A. Legislative amendments to this title [code] and to the map shall be in accordance with the procedures and standards set forth in Chapter 18.30, (Ord. 83-52) 18 22:030 Quasi—Judicial Amendments and procedures A. Quasi—judicial amendments to this title [code] and to the map shall be in accordance with the procedures set forth in this title [code] and the following: 1. The Commission shall decide zone change applications which do not involve comprehensive plan map amendments as provided by Section 18.32.090.C.3. A petition for review by the Council may be filed as provided by Section 18.32.310.6;[.] ' 2. The Commission shall make a recommendation to the Council on an application Fur a c95m rehanr;.J ve plan map ?m9ndment, andf.] ' 3. The Commission shall make a recommendation to the Council on a zone change application which also involves a concurrent application for a comprehensive plan map amendment. Y16ef un l h in hall b d vo r' a i sh fa 11 o ed. $The Council shall eci a the applications on the record as provided by Section 18.32.320.B._ (Ord. 83-52) r Ordinance No. gy- —13— f. 18 22 040 Quasi-Judicial Amendments and Standards for Making the Decision A. A recommendation or a decision to approve, approve with conditions or to deny an application for a quasi-judicial amendment shall be based on all of the following standards: 1. The applicable comprehensive plan policies and map designation and; the change will not adversely affect the health, safety and welfare of the community[.] 2. The statewide planning goals adopted under Oregon Revised Statutes Chapter 197, until acknowledgment of the comprehensive plan and ordinances[.] 3. The applicaLle standards of any provision of this code or other l applicable implementing ordinance; and [.] i x 4. Evidence of change in the neighborhood or community or a mistake or inconsistency in the comprehensive plan or zoning map as it relates to the property which is the subject of the development application. (Ord. 83-52) 4 r 18.22.050 Conditions ofApproval !LJ(a)3 A quasi-judicial decision may be for denial, approval, or approval with conditions as provided by Section 18.32.250.F. R.[(b)] A legislative decision may be approved or denied. (Ord. 83--52) 18 22.060 Record of Amendments. A. The Director shall maintain a record of amendments to the text and map of this title [cede] in a format convenient for the use of the M: public and in accordance with Section 18.40.020 (Ord. 83-52) F� Ordinance No. 99-- -14- Chapter 18.24 ENFORCEMENT Sections: 18.24.010 Provisions of this Title [Code] Declared to be Minimum Requirements 18.24.020 Violation of Title [Code] Prohibited 18.24.030 Penalty 18,24.040 Complaints Regarding Violations 18.24.050 Inspection and Right of Entry 18.24.060 Abatement of Violations 18.24.010 Provisions of this Title Model Declared to be Minimum Requirements A. [(a)] In their interpretation and application, the provisions of this title [code] shall be held to be minimum requirements, adopted for the protection of the public health, safety, and general welfare. ■ 8. [(b)] When the requirements of this title [code] vary from other provisions of this title [code] or with other applicable standards, the most restrictive or that imposing the highest standard shall govern. (Ord. 83-52) 18 24.020 Violation of Title[Codel Prohibited A. No person shall erect, construct, alter, maintain or use any building or structure or shall use, divide or transfer any land in k violation of this title [code] or any amendment thereto. (Ord. 83-52) It.24.030 Penalty A. [(a)] A ;violation of this title shall constitute a Class 1 civil infraction which shall be processed according to, the procedures established in Chapter 1.16 of this code, Civil Infractions. B. [(b)] Each violation of a separate provision of this title shall. constitute a separate infraction, and each day that a violation of this title is committpd or permitted to con"ILilue -shall constitute a separate infraction. 9-1(03 A finding of a violation of this title shall not relieve the responsible party of the duty to abate the violation. The penalties imposed by this section are in addition to and not in lieu of any remedies available to the City. D."[(a)] If a provision of this title j.s violated by a firm or corporation, the officer or officers, or person or persons responsible for the violation shall be subject to the penalties imposed this section. (Ord. 86--18) { Ordinance No. 89- —15— 18.24.040 Complaints Regarding Violations . A.[(a)] Whenever a violation of this title [code] occurs, or is alleged to have occurred, any person may file a signed, written complaint. 8.[(b)] Such complaints, stating fully the causes and basis thereof, shall be filed with the Director_ [or designee] 'rhe Director shall properly record such complaints, investigate and take action thereon as provided by this title [code]. (Ord. 83-52) 18.24.050Inspection and Right of Entry A.[(a)] Whenever the Director has reasonable cause to suspect a violation of any provision of this chapter a; ists or when necessary to investigate an application for or revocation of any approval under any of the procedures described in this title [code], the Director [or designee] may enter on any site or into any structure for the purpose of investigation, provided that no premises shall be entered without first attempting to obtain the consent of the owner or person in control of the premises if other than the owner. 8.[(b)] If consent cannot be obtained, the Director ,;Nall secure a search warrant from the City's municipal court before further attempts to gain entry, and shall have recourse to every other remedy provided by law to secure entry. (Ord. 83-52) 18.24.060 Abatement of Violations f A. Any development or use which occurs contrary to the provisions of this title [code] or contrary to an permit or ] y y approval issued or granted under this title [code] is unlawful, and may be abated by appropriate proceedings. (Ord. 83-52) Ordinance No. 84-- -16 Chapter 18.26 DEFINITIONS Sections: 18.26.010 Meaning of Words Generally 18.26.020 Meaning of Common Words 18.26.030 Meaning of Specific Words and Terms 18.26.010 Meaning of Words Generally A. All of the terms used in this title [code] have their commonly accepted, dictionw y meaning unless they are specifically defined in this chapter or the context in which they are used clearly indicates to the contrary. (Ord. 83-52) 18.26.020 Meaning of Common Words C. [(a)I All words used in the present tense include the future tense. C. [(b)] All words used in the plural include the singular, and all words used in the singular include the plural unless the context clearly indicates to the contrary. C. [(c)] All words used in the masculine gender include the feminine gender. J(d)] The word "shall" is mandatory and the word "may" is permissive. E. [(e)] The words "building" includes the word "structure." J(f)] The phrase "used for" includes the phrases "arranged for," "designed for, "intended for," "maintained for," and "occupied for." G.[(g)] The words "land" and "property" are used interchangeably unless the context clearly indicates to the contrary. (Ord. 83-52) - 18.26.030 Meaning of Specific Words and Terms (Also see Chapter 18.42, Use Classifications, and Chapter 18.114, Signs. ) As used in this title [code], the following words and phrases mean: "Abut/abutting," "adjacent/adjoining or contiguous lots" - two or more lots joined by a common boundary line or point. "Accept" - to receive as complete and in compliance with all submittal requirements. "Access the place, means or way by which pedestrians, bicycles and vehicles enter or leave property. A private access is an access not in public ownership or control by means of deed, dedication ur easement. f . Ordinance No. 89- -17- a� "Accessory building or structure" — a structure incidental and subordinate to the main use of property and located on the same lot as the main use. "Addition" — a modification to an existing building or structure which increases the site coverage. "Administrative action" — a quasi—judicial action, including: A. [(1); An action conducted pursuant to a portion of the Tigard community development code in which the legal rights, duties or privileges of specific parties are determined, and any appeal or review there from; L.[(2)] A comprehensive plan map change for a small tract of land; or C.[(3)] Any other proceedings as provided by ordinance, rule or resolution adopted by the Council. "Adult bookstore" — an establishment having at least fifty percent of it,. merchandise, items, books, magazines, other publications, films or videotapes which are for sale, rent or viewing on the premises and which are distinguished or characterized by their emphasis on matters depicting the specified sexual activities or specified anatomical areas defined in this section. "Adult motion picture theaters" — an establishment used primarily for the presentation of motion pictures or videotapes having as a dominant theme material distinguished or characterized by an emphasis on matter depicting specified sexual activities or specified anatomical areas defined in this section. "Alley a minor way which is used primarily for vehicular service access to the back or side of properties otherwise abutting on a street. "Alteration" — a change in construction or a change of occupancy. When the term is applied to a change in construction, it is intended to apply to any change, addition or modification in construction. When the term is ucc.`}.. in connaction wit: a change of occupaiicy, it is intzindaM to apply Vo changes of occupancy from one trade or use to another or from one division of trade or use to another. "Alteration, structural" any change or repair which would tend to prolong the life of the supporting members of a building or structure, such as alteration of bearing walls, foundation, columns, beams or girders. In addition, any change in the external dimensions of the building shall be [is] considered a structural alteration. "Amendment — a change in the wording, context or substance of this title [codel or the comprehensive plan, or a change in the boundaries of a district upon the zoning district map or the boundaries of a designation on the comprehensive plan map. Ordinance No. 89—� -18- "Appeal" — a request that final decision by the Director be considered by a higher authority either-* •` " or with the inclusion of evidence in addition to than considered by the maker of the initial decision that was considered by the Director. \ "Application" — materials submitted ur to be submitted. "Approval authority" — either the Director, the initial hearing body or the Council, depending on the context in which the term is used. "Base flood" — the flood having a one percent chance of being equalled or exceeded in any given year. Also referred to as the "one—hundred—year flood." "Basement" — any floor level below the first story in a building, except that a floor level in a building having only one floor level shall be [is] classified as a basoment unless such floor level qualifies as a first story as defined in this section. "Building." See "S&ucture." "Building envelope" — that portion of a lot or development site exclusive of the areas required for front, side and rear yards and other required open spaces and which is available for siting and constructing a building or buildings. "Building- Official" — a person charged by a municipality with responsibility for the administration and enforcement of the state ' building code in the municipality, or his duly authorized representative. (Oregon Revised Statutes 456.806(1)). "Building height" — the vertical distance above a reference datum measured to the highest point of the coping of a flat roof or to the deck line of a mansard roof or to the average height of the highest gable of a pitched or hipped roof. The reference datum shall be selected by either of the foilowlna. whichever vields- a nreat-zr ha-.L ht of uui iu�i r _ �. ,y.w y.-L A.[(1)] The elevation of the highest adjoining sidewalk or ground surface within a fave—moot horizontal distance of exterior wall of the building when such sidewalk or ground surface is riot more than 10 feet above lowest grade, §.[(2)] An elevation ten feet higher than the lowest grade when the sidewalk or ground surface described in subdivision LAI [(1)] of this subsection is more than 10 feet above lowest grade. The height of a 6 stepped or terraced building is the maximum height of any segment of the building. I "Building type.. E f A.[(1)] Nonresidential. Buildings nut designed for use as human living quarters comprised of the following types: —19 Ordinance No. 89- r ,, r 2. [(A)] Detached. A single main building, freestanding and structurally separated from other buildings; and[.] i F . 1 unit 1 2.[(B)] Attached. Two or more main buildings placed side by side so that some structural parts are touching one another, located on a lot or development site or portion thereof. i I � I unit unit ! 2.[(2)] Residential. Buildings designed for use as human living quarters comprised of the following types: 1.[(A)] Single—Family Detached. one dwelling unit, freestanding and structurally separated from any other dwelling unit or buildings, located on a lot or development site. See definitions for "mobile home" and "dwelling unit[.]" 1 � unit i l ! 2.((8)] Single-Family Detached (zero lot line). A single detached dwssIl,nv iinit with a zero—foot setback from one lot line[.].L i 1 I unit ! F I ((C)] Duplex. Two dwell [ceiling] units placed so that some structural parts are in common and are located on a single lot or development site1[.] unit unit a. -2t3- Ordinance No. 89— € 4 ty s 4. [(D)] Single-Family Attached. Two dwelling units attached side by side on separate lots or development sites with some structural parts in common at a common property liner[.] 4 1 � unit unit 5. [(E)] Multiple-Family Dwelling. A structure containing at least three dwelling units in any vertical or horizontal arrangement, located on a single lot or development sites[. ] t r 1 unit 1 unit 1 unit 6.[(F)] Accessory Dwelling Unit. See Chapter 18. 130. C.[(3)] The following commonly used terms are not considered building types for purposes of this title [code]: t 1.[(A)] Cluster. A development technique whereby building types are arranged in such a manner as to retain open space areas which are equal to or greater than the cumulative total open space areas normally required under the applicable development district, and the permitted net density of a site is maintained. A form of ownership which may be applied to any � e .. .J property (where the owner has a deed to a volume of space), and which is governed by the provisions of Oregon Revised Statutes 94[.023 to 94.072] (relating to the creation of unit ownership). 3.[(C)] Townhouse. More than two attached units with first floor access (typically two-.star,,, units). 4. [(D)] Apartment House. A building or portion thereof d-signed, built, rented, leased, let or hired out to be occupied by or as the residence of three or more families living independently of one another. "City" - the area within the territorial limits of the City of Tigard. "City Engineer" - the person assigned the title of City Engineer for the City of Tigard, Oregon, or designee. f Ordinance No. 89- -21.- l 1 : "City of Tigard" — the governing structure for the municipality of Tigard, Oregon, "City Recorder" - the person assigned the title of Cid Recorder for the City of Tigard, Oregon or designee. "Commercial use" — establishments or places engaged in the distribution and sale or rental of goods, and the provision of services including, but not limited to, the following: retail and wholesale trade establishments; repair and maintenance service establishments; professional offices and services; financial institutions; hotels and motels; and uses deemed by the Director as similar to these. "Commission" - the [planning] Commission of Tigard, Oregon. "Compatibility" - efficient and orderly inte.gration of housing types in an harmonious combination. Compatibility shall be determined in accordance with the following matrix: Existing Use S.F. Detached S.F. Detached iobLle His.Park Duplex S.F. Attached Multi4amily (Zero Lot Line) S.F. Detached YES YES Conditional YES YES 2 units NO No-over 2 S.F. Detached (Zero Lot Line) YES YES Conditional YES YES NO -motile Home Park r,. Conditional Conditional YES YES YES YES i_.. Duplex YES YES YES YES YES YES S.F. Attached Yes 2 units YES YES YES YES YES hulti-family - YES YES YES YES YES YES eeComt-lite" and "entire" — every item of the thing spohen of without omissions or deficiencies. "Complex" - a structure or group of structures developed on one lot of record. "Comprehensive elan" the generalized, coordinated land use map and 'policy statement of the governing beady of the City of Tigard that interrelates all functional and natural systems and activities relating to the use of land, including, but not limited to: sewer and water systems, transportation systems, educational facilities, natural resources, and air and water quality management systems. r' . Ordinance No. 89- A, "Comprehensive" — all—inclusive, both in terms of the geographic area covered and functional and natural activities and systems occurring in the area covered by the plan. { B. "Generalized" -- a summary of policies and proposals in brog. categories and does not necessarily indicate specific locations of any area, activity or use. C. "Plan coordination" — when the needs of all levels of government, semipublic and private agencies and the citizens of Tigard have been considered and accommodated as much as possible. D. "Land" includes water, both surface and subsurface, and the air. "Conditional use" — a use which may be permitted by the approl,ai authority following a public hearing, upon findings by the authority that the approval criteria have been mot: or will be met upon satisfaction of conditions of approval. "Contiguous." See "Abut/Abutting." "Council" — the City Council of Tigard, Oregon. "Demolish" — to raze, destroy, dismantle, deface or in any other manner cause partial or total ruin of a designated structure or resource in an historic overlay district. "Density" — the intensity of residential land uses, usually stated as the number of housing units per acre and defined in Chapter 18.92. "Developmr.-it" — a building or mining operation, making a material change in the use or appearance of a structure or land, dividing land into two or more parcels, including partitions and subdivisions as provided in Oregon Revised Statutes 92[.010 to 92.2851. "Development site" — a lot or combination of lots upon which one or more buildings are constructed. "Director" — the Director of Community Developm nt [planning and development] for t;ij Cit; 0f Tiaard, Oregon, or designee. "Drainageway" — undeveloped land inundated during a 25 year storm with a peak flow of at least five cubic feet per second and conveyed, at least in ;art, bo ident .flable channels that either drain to the Tualatin River directly or after flowing through other drainageways, channels, creeks or floodplain. "Dwelling unit" a single unit, excluding mobile homes, providing complete, independent living facilities for one or more persons including permanent provisions for living, sleeping, eating, cooking and sanitation. See "Mobile Home." —23- Ordinance No. 89- f "Face" — directly confronting. "Family" — an individual, or two or more ,persons related by blood, marriage, or a group of not more than five persons (excluding servants) €.., who are not related by blood or marriage. "Farming" — farming, truck gardening, orchards and nurseries, provided no retail or wholesale business sales office is maintained on the premises, and provided that no poultry or livestock, other than normal household pets, are housed, or any fenced run is located within one hundred feet of any residence other than the dwelling on the same lot. { "Fence, sight—obscuring" — a barrier consisting of wood, metal, masonry or similar materials, which obstructs vision, "Final action," "final decision," or "final order" — a determination reduced to writing, signed and filed by the appropriate approval authority, and: t With respect to the Director [planning director], a decision made [ under Sections 18.32.090.A and 18.32.110 of this title [code), whichever is applicable; A.[(2)] With respect to the initial hearing body, a decision made under Sections 18.32.090.B or C and subject to review; �L[(3)] With respect to the Council, a decision made under Section 18.22.090(D). t_ "Findings" — a written statement of the facts determined to be relevant by the approval authority as the basis for making its decision. The approval authority applies the relevant facts to the approval criteria or standards in order to reach its decision. "Flag lot" — a lot located behind a frontage lot, plus a strip o+at to the street for an access drive. A flag lot results from ne subdivision of partitioning of a residential lot or 'Parcel which is more than 'twice as large as the minimum allowed in the underlying zone, but without sufficient frontade to allow two dwellings to front along a street. There are two district parts to a fly lot: the "flan" which comprises the actual building site located at the rear portion of the original lot.and the "r,r,10" which provides access from a street to the fly ['"Flack lot" - a lot or parcel which includes a private accessway as part thereof.] "Floodplain" — the zone along a watercourse enclosed by the outer limits of land which is subject to inundation in its natural or lower revised f contoaars by the base flood. f i i i Ordinance No, 89 24- " "Floodway" – the normal stream or drainage channel and that adjoining area of the natural floodplain needed to convey the waters, and including the zero–foot rise Floodway area defined by the U.S. COrps of Engineers Flood Insurance Study, February, 1984. Floodways must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation. "Floodway fringe" – the area of the floodplain lying outside of the Floodway. "Floor area" – the gross horizontal t.rea, under roof, of all floors of a building, measured from the exterior walls, excluding vents, shafts, courts and space devoted to off–street parking. The floor area of a building, or portion thereof, not provided with surrounding exterior walls _shall be [is] the usable area under the horizontal projection of the roof or- floor above. "Frontage" – that portion of a development site which abuts a public or private street. "Garage" – a building or portion thereof in which a motor vehicle is stored, repaired or kept. "Grade (adjacent ground elevation)" – the lowest point of elevation of the finished surface of the ground, paving or sidewalk within the area between the building and the property line or, when the property line is more than five feet from the building, between the building and a line five feet from the building. t "Gross acres" – atl of the land area included in the legal description of the property. "Home occupation" — When a dwelling unit in a residential, commercial or industrial zone is used for a for–profit business purpose. See Chapter 18.142. "Homeowners association" an incorporated, nonprofit organization operating under recorded land agreements through which each lot owner of a planned development or other described land area is automatically subject to w charge for a proportionate share of the expenses for the organization's activities, such as maintaining a common property• _a .M a �.� rarrV out "implementing ordinance" – an ordinaa rice GPt"- revisions of this comprehensive plan, including, but not limited, to the p title [code]. "Industrial use" – any use of land, structure or natural resources involving the manufacturing, processing or assembly of semifinished or finished products from raw materials, or similar treatment or packaging of previously prepared materials. _25– Ordinance No. 89– s. �r "Land form alteration" - any man-made change to improved or unimproved real estate, including but not limited to, the addition of buildings or other structures, mining, quarrying, dredging, filling, grading, earthwork construction, stockpiling of rock, sand, dirt or gravel or other earth material, paving, excavation or drilling operations located within the area of special flood hazard. "Legislative" -- a land use decision that applies to a large number of individuals or properties. "Loading space" - an off-street space or berth on the same lot or parcel, with a building or use, or contiguous to a group of buildings or uses, for the temporary parking of a vehicle which is loading or unloading persons, merchandise or materials, and which space or berth abuts upon a street, alley or other appropriate means of access and egress. "Lot" -- a unit of land that is created by a subdivision or partition of land and is owned by or under the lawful control and in the lawful possession of one ownership. "Lot area" - the total horizontal area within the lot lines of a lot exclusive of public and private roads, and access easements to other property or the private driveway area of a flag lot. "Lot, corner" - a lot situated at the intersection of two streets where the interior angle of such intersection does not exceed 1350. "Lot coverage the percent of a lot area covered by the vertical and 4 horizontal projection of any structures or buildings. "Lot depth" - the distance from the midpoint of the front lot line to the midpoint of the rear lot dine: "Lot, interior" -� a lot other than a corner lot and having frontage on only one street. "Lot line" -- the property line 4ounding a lot. "Lot line adjustment" - the 'relocation of recorded lot lines which does not result in the creation of an additional lot. "Lot line, front" - in the case of an interior lot, a property line which abuts the street; in the case of a corner lot, the shortest of the two property lines which abut the street; except where the narrowest side of a lot is a minimum of 75 feet there may be a choice of frontage, "Lot line, rear" - the recorded lot line or lines most distant from and generally opposite the front lot line, except ,that in the case of an interior triangular lot or lot with more than four sides, it shall mean[s] , a straight line ten feet in length which is: Ordinance No. 89- -26- A. [(1)] Parallel to the front lot line or its chord; and B.[(2)] Intersects the other lot lines at points most distant from the lot line (see figure below). 9 (o R R R • �0 gtSe "Lot line, side" — any lot boundary not a front or rear lot line. "Lot of record" - a lawfully created lot which existed prior to the effective date of the code codified in this title. "Lot, through" — an interior lot of record which has both frontages on two streets. "Lot width" — the average horizontal distance between the side lot lines measured at the building line. "Major partition" — a partition of land which creates three lots or less within one calendar year and includes the creation of a road or street. "Manufactured homes" — a factory—fabricated transportable building designed to meet- the Uniform Building Code to be used by itself or incorporated with similar structures or units at a building site as a dwelling unit. The term is intended to apply to major assemblies and does not include buildings constr•uctc4 at a site from prefabricated panels, trusses and other prefabricated supplements. "Minor partition" — a partition of land which creates three lots or less within one calendar year, and does not include the creation of a road or street. "Mobile home" - a strijef-ira transnort-ible in .,nn nr mor` ct,o__ h c�•VJveOJ, CIXl..li built on a permanent chassis, which is designed to be used Jfor permanent occupancy as a dwelling and which is constructed on a site other than its place of permanent use. "Mobile home park" — any place where four or more mobile homes are located within 500 feet of one another on a lot, tract or parcel of land under the same ownership, the primary purpose of which is to rent space or weep space for rent to any person for a charge or fee paid or to be paid for the rental or use of facilities or to offer epace free in connection with securing the trade or patronage of such person. Ordinance No. 09— -27— "Mobile home subdivision" -- a subdivision designed and approved for the sale of lots for residential occupancy in mobile homes only. "Negotiation" — any activity preliminary to the execution of a binding agreewant for the sale of land in a subdivision or partition, including but not limited to, advertising, solicitation and promotion of the sale of such land. "Net acres" -- the total amount of land which can be used for development. See Chapter 18.92. "Nonconforming use or structure" — a lawfully existing structure or use, or one in the process of being constructed at the time of the adopting of this title [code], which does not conform to the setback, coverage, height, use or other similar requirements of the district in which it is located. "Oregon Administrative Rules" (OAR) — The Oregon State administrative rules. "Oregon Revised Statutes" (ORS) — The Oregon State law references. "Owner" — any person, agent, firm or corporation having a legal or equitable interest in the property. "Parcel" — a unit of land that is created by partitioning land. "Park" - any tract of land set apart- and devoted to the purposes of pleasure, recreation, ornament, light and air for the general public. "Parkin space" an area within a private or public parking area, building or structure for the parking of one vehicle: A.[(1)] Standard, 9 feet wide by 18 feet long; J(2)] Compact, 8 feet 5 inches wide by 15 feet long; r.[(3)] Handicap designated, 12 feet by 18 feet long or as specified in the Uniform Building Code. "Partitioning land" — division of an area or tract of land into two or three parcels within a calendar year when such area or tract of land ,,,.is}v wa a i"nit nr rnntioumiq units of land under single ownership at the beginnin of such year. "Partitioning land" does not include: A. Divisions of land resulting from lien foreclosures, foreclosures of recorded contracts for the sale of real property, and creation of cemetery lots;[.] i 4$ i _ Ordinance No. 89— —29— i l F 3. Any adjustment of a lot line by the relocation of a common boundary where an additional parcel is not created and where the existing parcel, reduced in size by the adjustment, is not reduced below the minimum lot size established by an applicable zoning ordinance, or[.] C. The sale of a lot in a recorded subdivision, even though the lot may have been acquired prior to the sale with other contiguous lots or property by a single owner. "Person" - an individual, corporation, governmental agency, official advisory committee of the City, business trust, estate, trust, partnership, association, two or more people having a joint or common interest or any other legal entity. "Plat" - a final map, diagram or other writing containing all the descriptions, specifications and provisions concerning a subdivision. "Public business day" -• the regular hours of business of the Tigard City hall as designated and posted by the City . "Public support facilities" - services which are necessary to support uses allowed outright in the underlying zone and involves only minor structures such as power lines and poles, phone booths, fire hydrants, as well as bus stops, benches and mailboxes which are necessary to support principal development. "Quasi-judicial action which involves the application of adopted policy to a specific development application or amendments. t "Receipt" -- a mere acknowledgement of submittal. "Recreational vehicles" - a vacation trailer or other unit, with or without motor power, which is designed for human occupancy and to be used � temporarily for recreation or emergency purposes. The unit shall be identified as a recreational vehicle by the manufacturer. 4: "Remodel" - an internal or external modification to an existing building or structure which does not increase the site coverage. i. "Reserve strip a strip of property usually one foot in width overlaying a dedicated street which is reserved to the City for control of access until such time as additional right-of-way is accepted by the City for 4, continuation or widening of the street. "Residence - a structure designed for occupancy as living quarters forE one or more persons. "Residential use" -- a structure used for human habitation by one or more persons. "Review" - to re-examine a„ministratively, a reconsideration of a decision by a lower approval authority. i Ordinance No, 69- --29- i "Right-of-way" - a strip of land occupied or intended to be occupied by a street, crosswalk, pedestrian and bike paths, railroad, road, electric transmission line, oil or gas pipeline, water main, sanitary or storm ( sewer main, street trees or other special use. The usage of the term right--of-way fur land .division purposes shall mean that every right-of--way hereafter established and shown on a plat or map is to be separate and distinct from the lots or parcels adjoining such right-of--way and nut included within the dimensions or areas of such lots or parcels. "Road" or "street" - a public or private way that is created to provide ingress or egress for persons to one or more lots, parcels, areas or tracts of land, excluding a private way that is created to provide ingress or egress to such land in conjunction with the use of such land for forestry, mining or agricultural purposes. "Setback" -• the minimum allowable horizontal distance from a given point or line of reference, which shall be [for purposes of this code is] the property line unless otherwise stated to the nearest vertical wall of a building or structure, fence or other elements as defined by this title [code]. "Specified anatomical areas" - uncovered or less than opaquely covered, postpubertal human genitals, pubertal human genitals, pubic areas, postpubertal human female breasts below a point immediately above the top of the areola, or the covered human male genitals in a discernibly turgid state. "Specified sexual activities" - human genitals in a state of sexual stimulation or arousal, acts of masturbation, sexual intercourse, sodomy, flagellation, torture or bondage either real or simulated. "Story" - that portion of a building included between the upper surface of any floor and the upper surface of the floor next above, except that the topmost story shall be [is] that portion of a building included between the upper surface of the topmost floor and the ceiling or roof above. If the finished floor level directly above a basement or unused underfloor space is more than six feet above p grade as defined in this section for more than 50 percent of the total perimeter or is more than 12 feet above grade as defined in this section at any point, such basement or unused underfloor space shall be considered as a story. • �oe ivweSC story in a .building which .qualifies as a story, as defined in this section, except that a floor level in a building having only one floor shall be [is] classified as a first story, provided such floor level is not more than four feet below grade, as defined in this section, for more than 50 percent of the total perimeter, or more than eight feet below grade, as defined in this section, at any point. § Ordinance No. Ria_ ��0 ., "Story, half" - a story under a gable or gambrel roof, the wall plates of which on at least two opposite exterior walls are not more than two feet above the floor of such story. :If the finished floor level directly above a basement or unused underfloor space is not more than six feet above grade, as defined in this section, for more than 50 percent of the total perimeter or is not more than 12 feet above grade as defined in this section, at any point, such basement or unused underfloor space shall be considered as a half story, "Street" or "road" - a public or private way that is created to provide ingress or egress for persons to one or more lots, parcels, areaa or tracts of land, excluding a private way that is created to provide ingress or egress to such land in conjunction with the use of such land far forestry, mining or agricultural purposes. "Street, private" - an accessway which is under private ownership. "Structure" or "building" - that which is built or constructed, an edifice or building of any kind, or any piece of work artificially built up or composed of parts joined together in some definite mariner. "Subdivide land" - to divide an area or tract of land into four or more lots within a calendar year when such area or tract of land exists as a unit or contiguous units of land under a single ownership at the beginning of such year. "Subdivision" either an act of subdividing land or an area or a tract of land subdivided as defined in this section. "Substantial improvement" any repair, reconstruction, or improvement of a structure, the cost of which equals or exceeds 50 percent of the market value of the structure either: .4 A--[(1)] Before the improvement or repair is started; or !L(M] If the structure has been damaged and is being restored, before the damage occurred. "Substantial improvement" is considered to occur when the first alteration of any wall, ceiling, floor or structural t:. �_ E part of the h:_xq lay-- whether or not Vthat „a..._._; .y commences, a ..cr«cion affects the '«external dimensions Of the structure. The term does not, however, include either : 1.[(a)] Any project for improvement of a structure to comply with existing state or local health, sanitary or safety code ` specifications which are solely necessary to Lnsure [assure) safe living conditions; or - Any alteration of a structure listed on he National Register of Historic Places or a State Inventory of Historic Places. s , 4 ' `x i "Temporary Use. " See Section 18.140. "Tigard—based nonprofit organization" - an organization which has nonprofit status as defined by the state of Oregon which raises funds which are used by the organization which is located in the city. "Tree" — any living, standing woody plant having a trunk two inches or more in diameter, four feet above the ground level. "Use" — the purpose for which land or a structure is designed, arranged or intended, or for which it is occupied or maintained. "Vision clearance area" — a triangular area located at the intersection of two streets, a street and a railroad, or a street and a driveway; defined by a line across the corners, the ends of which are on the street or alley lines, an equal and specified distance from the corner. "Visual obstruction" — any fence, hedge, tree, shrub, structures device, wall or between the elevations of three feet and eightFeet• above the adjacent curb height or above the elevation of gutter line of street edge where there is no curb, as determined by the public works Director or City engineer, and so located at a street, drive, or alley intersection as to limit the visibility of pedestrians or persons in motor vehicles on said streets, drives, or alleys. "Wetlands" — lands transitional between terrestrial and aquatic sys nchtem s where the water table is usually at or near (within 24 ies of) the suP'face, or the land is covered by shallow water. For purposes of this classification, wetlands must have one or more of the fallowing three attributes: At least periodically the land supports predominantly hydrophytes1, The substrate is predominantly hydric2 soil; G.C(3)1 'rho substrate is non—soil3 and is saturated with water or covered by shallow water at some time during the gr��+.A,.,n year. "Window" — any opening constructed in a wall to admit light or air, framed and spanned with glass. "Yard" — an open space unobstructed from the ground upward except as otherwise provided in this title [code). hy�a-ophytes a plant groa~+ing in water or soil too water to gged for most plants to survive. A list of hydrophytes is maintained in the Co � 2MIRM [Planning Department] files. 2Hydric containing acid hydrogen. 3MOM—Soil — lucking the dualities of soil -. not firm, life. unable to sustain plant Ordinance No. 89- 1 _ —32— :M "Yard, Corner Side" - a yard extending from the front yard to the rear lot line on the street side of a corner lot; i. XCU act SAW� 96 i � -1 A7 . A j(2)] Yard, Front - a yard extending across the full width of the lot, the depth of which is the minimum horizontal distance between the front lot line and a line parallel thereto at the nearest point of the main building; T$1VOWS + 93+ iaa 49� S +g 1w LOPOW MW 4mat PL �qj(3)] Yard, Rear a yard extending across the full sidth of the lot between the rear main building and the nearest point of the rear lot line; y saw a e 41,•;.x` ; i s ordinance No. 89- -33- D. [(4)] Yard, Side - a yard between the main building and the side lot line ektending from the front yard or front lot line where no front yard is required, to the rear yard. The width of the required side yard shall be [is] measured horizontally from the nearest point of the side lot line to the nearest part of the main building. 1.c 1 QIP 40 raw r: s "Zoning District" - an area of land within the Tigard City limits designated for specific types of permitted developments subject to the ? development requirements of that district, (Ord. 87-66; Ord, 87-32; Ord, I 87-20; Ord, 05--15; Ord. 84-71; Ord, 84•-69; Ord, 84--61; Ord, 84--47; Ord. 84--.29; Ord. 84-26; Ord. 83-•52) i i F f 4 p G k t E: w �f Ordinance No. 89 -34- F f: Chapter 18.30 PROCEDURES FOR DECISION MAKING: LEGISLATIVE t Sections: 18.30.010 Purpose 18.30.020 'The Application Proc,-ss 18.30.030 Time Periods: Submission/Hearings - - 18.30.040 Additional Information Required, Waiver of Requirements and Report Required 18.30.050 Duties of the Director 18.30.060 Recommendation and Alternative Recommendation by the Director 18.30.070 Consolidation of Proceedings 18.30.080 Public Hearing: Notice Requirements 18.30.090 Mechanics of Giving Notice and Failure to Give Notice 18.30.100 Hearings Procedure 18.30.110 Continuation of the Public Hearing 18.30.120 The Standards for the Decision 18.30.130 Approval Process and Authority 18.30.140 Vote Required for a Legislative Change 18.301150 The Final Decision 18.30.160 The Record of the Public Hearing 18.30,170 Reapplication 18.30.010 Purpose A. The purpose of this chapter is to establish procedures applicable to the community development code for con3iderat�on of legislative changes to the provisions of the comprehensive plan, implementing ordinances and maps. (Ord.. 83-52) 18.30,020 -rhe Application Process A.[(a)] A request for a legislative change may be initiated by: 1. Order of the Council; 2._ Resolution of a majority of the Commission; 3, The Director; 4. A neighborhood planning organization or CAty of Tigard advisory board or Commission; or 5. Any persons or the person's agent authorized in writing to make the application. j(b)j The applicant shall be [is] required to meet with the Director for a preapplication conference. Ordinance No. 89- —35- E 4 C. [(c)] At the preapplication conference, the Director [or designee] shall: 1. Cite the applicable comprehensive plat, policies and map € designation; �. 2. Cite the applicable substantive and procedural ordinance provisions; £ 3. Provide technical data and assistance which will aid the applicant; A. Identify other policies and regulations that relate to the k application; and 5. Identif other o artunities or constraints that relate to the vu application. pj(d)] Lae to possible changes in state statutes, or regional or local ; policy, information given by staff to the ahan sirxton mthsn. the preapplication conference is val?d for not more than 1. Another preapplication conference is required if an application is submitted six months after the preapplication conference. 2. Failure of the Director to providethe information any of t required by this chapter shall not constitute a waiver of the standards, criteria, or requirements of the applications. (Ord. 83-52) - 18.30.030 Time Periods: Submission/Hearings 6 A.[(a)] The Director shall receive proposed legislative changes twice yearly, the completed application shall be submitted not more than 25 days and not less than 45 days before the first Commission meetings in April and October. �.; Ei.[(b)] The Commission shall hear the matter within 30 days Y after the first��. meeting in April or October depending on which date the item. has been scheduled, unless the applicant has submitted a waiver. C,[(c)] The Council shall receive the Commission's recommendations and schedule a public hearing within 30 days of the Commission's recommendation. D,[(d)] The application shall be made on forms provided by the Director. The application shall be complete and shall: i, Contain the information requested on the form; 2. Address th,..= appropriate criteria in sufficient detail for review and action; l —36— Ordinance No. 89--- t r, 3. Be accompanied by the required fee except as allowed under Section 18.32.345; and 4. Be accompanied by 18 [fifteen] copies of a narrative addressing the standards in Section 18.30. 120. F,[(f)] An application shall be deemed [is] "incomplete" unless it addresses each element required by the for-in and each element required by this title [code] and is accompanied by the required fee. 0. [(g)] The Director shall not accept an incomplete application, H, [(h)] The Director shall have the authority to waive a requirement of this title [code] in the manner provided by Subsection 18.30.040.8. (Ord. 85-45; Ord, 84-29; Ord. 83-52) 18.30.040 Additional Information_Recyuired, Waiver of Requirements and Report Required_ [(a)] The Director may require information in addition to that required by a specific code provision provided: 1. The information is needed to properly evaluate the proposed development proposal; and _ 2, The need can be justified on the basis of a special or unforeseen circumstance. &.[(b)] The Director may waive a specific requirement for information or a requirement to address a certain approval standard subject to the provisions of Subsection C below provided: 1. The Director finds that specific information is not necessary to properly evaluate the application; or 2. The Directorfinds that a specific approval standard is not applicable to the application. Q:[(c)] Where a requirement is waived, the Director shall: 1. Prepare a memorandum to the record and to the applicant citing the grant of authority, the specific requirements waived and the reasons; 2. Advise the applicant in writing that the waiver may be challenged at the hearing on the matter and may be denied by the approval authority; and 3. Cite in the staff report for the application the specific requirements waived, the reasons for , the waiver and the specific grant of authority. (Ord. 83-52) �r -s7- Ordinance No. 89- 18.30.050 Duties of the Director= A [(a)] The Director shall' ' 1, Give notice of the Commission hearing as provided by a Subsections 18,30.080.0 and D and 5+ecticn 18.30.090; 2. Prepare a staff report ufhich includes: a. [A] The facts found relevant to the proposal and found by the Director to be true; b [B] The statewide planning goals and auidelines (rules] t adopted by ORS Chapter 197 found to be applicable and the any other goal(s) and auidelines [rule(5)3 reasons why except goals Are [is] not applicable to the proposal P applicable to the City of Tigard, and € 15-.19, which are not [ need not be addressed; i SL [C] Any federal or state statutes or rules the Director found applicable; d. [D] .The Metropolitan Service District plans and rules the Director found to be applicable; e, [E] Those portions of the comprehensive plan found to to be ortionpr l and is [are]of the plan appears applicable, and if any pnot be reasonably related to the proposal applied, the Director shall explain the reasons why such r plan it Care] not opalic-b_e; ` . portion(s) of the f. [F] Those Portions of the lepleting rare cannot considereces relevant d -- the proposal; and if the provisions such portion(s) the Director shall explain the reasons why of the ordinances were not considered; and } An analysis relating the facts found to be true by the [C] applicable criteria and a statement of the Director to the apP approval with aite^natives, a recommendation for approval, modification or denial, and at the option of Director, an alternative recommendation; 3. Make the staff report and all cos date file ��the public vhear'ing five days prior to the scheduled under Section 18.30.080 in writing; a9 . Cause the public hearing to be held pursuant to Section 18.30.030 unless the app,,scant hsted or consented to a as reque delay. b Tpte pi �ctor shall administer the hearings process. -38- 'm Ordinance No. 89-,,,�,_, C.[(c)] The Director shall transmit the record to the Council for a hearing as set forth in Subsection 18.30.J30,C, arid: 1. Give notice of the Council hearing as provided by Sections 18.30.080 and 18.30.090; 2. prepare a report which shall include[s] at a minimum, the following: A.. [A] A copy of the staff- report submitted to the [planning] Commission; b. [B] A COPY of the Commission recommendation; and c. [C] A copy of the minutes of the Commission public hearing; 3. Make a report to the Council; and 4. Administer the hearings process. D.[(d)] The Director shall maintain a register of all applications which have been filed for a deci3ion. The register shall at all times identify at what stage the application is in the process. E.[(e)] The Director shall maintain and preserve the file for each application. The file shall include, as applicable, a list of persons required to be giver: notice and a copy of the notice pursuant to Section 18.30.080 and the accompanying affidavits, the app-ication and all supporting information, the staff report, the final adopted document, all corr•espopdQnce, the minutes of any meetings at which the application was considered and any other exhibits, information or documentation which was considered with respect to the application. (Ord. 83-52) 18.30.060 Recommendation and Alternative Recommendation by the Director i�.[(a)] The Director, shall make a recommendation to the Commission on the application, however, in addition, the Director may recommend an alternative(s). B.[(b)] Where the alternative recommendation involves a different plan designation or a dif;°erent zoning district designation than is the subject of the application, such alternative recommendation shall be considered only if: 1. Notice of such an alternative is given as a part of the public hearing notice in addition to the natters contained in Section 15.30.080; and 2. The staff report prepared as provided by Subsection 18.30.050 (A)(2) supports the alternative recommendation. f r E Ordinance No. 89— 39— s r C.[(c)] As a result of the public hearing on the proposed change, the Commission may on its own motion recommend to the Council an alternative recommendation, however, in addition, the Commission must take action on the specific application before it. (Ord. 83-52 Exhibit A (part), 1983.) 18.30.070 Consolidation of Proceedings A. In the event there is an application for a legislative change to the plar-, text or map, and an application for a 'legislative change to an implementing ordinance text or map, both of which involve either the same geographic area or the same subject matter, the hearings may be consolidated, however: 1. The decision on the proposed plan change shall precede the decision on the proposed change to the implementation ordinance; 2. Separate actions shall be taken on each application; and 3. The change to the implementing ordinance shall implement the change to the plan. (Ord. 83--52 Exhibit A (part), 1983. ) 18.30.080 public Hearing: Notice Requirements �J(a)] The Commission shall hold at least one public hearing on each application request. 5.[(b)] The Council shall hold` at least one public hearing on each application request. .[(c)] Notice of the public hearings on the proposed change and alternatives, if any, shall be given by the Director in the following manner: 1. At least 10 days prior to the scheduled hearing date, notice shall be sent to: (A] The applicant; fes. (8] Any affected governmental agency; c. (C] The affected recognized neighborhood planning organization; and ems. [D] Any person who requests notice in writing and pays a fee established by Council resolution; and 2. At least 10 days prior to the scheduled public hearing date, notice shall'be given in a newspaper of general circulation in the City. Ordinance No 89- —40— E 4 D.[(d)] The Director shall: 1. For each mailing of notice, cause an affidavit of mailing to be filed and made a part of the record as provided by I Section 18.30.160; and 2. For each published notice, cause an affidavit of publication to be filed and made part of the record as provided by Section 18.30.160. (Ord. 83-52) 18 30 090 Mechanics of Giving Notice and Failure to Give Notice A.[(a)] Where either t[je Commission or Council or both intend to hold more than one public; hearing on the same application, notice of several public hearings before both approval authorities may be given in one notice in the same manner provided under Subsection 18.30.080 (C) . I 8.[(b)] The notice given to persons entitled to mailed or published notice pursuant to this section shall include the following information: 1. The number and title of the file containing the application and the address and phone number of the Director's office where additional information can be obtained; 2. A description of the location of the proposal reasonably calculated to give notice as to the location of the affected geographic area; 3. A description of the substance of the proposal in sufficient detail for people to determine that a chang= is c.ntemplated and the place where all relevant materials and information may be obtained or reviewed; and 4. The time(s), place(s) and date(s) of the public hearing(s); a statement that public oral or written testimony is invited; and a statement that the hearing will be held under this title [code] and rules of procedure adopted by the Council and available at City Nall or the rules of procedure set forth in Section 18.30.100. C.1(03 The failure of , a` person entitled to notice under Subsection 18.30.080 (C)(1) to receive notice shall not invalidate the action provided a good faith attempt was made to notify all persons entitled to notice. 0,[(d] Personal notice is deemed given where the notice is deposited with the United States Postal Service. g.[(e)] Published notice is deemed given on the date it is published. [(f) In computing the length of time that notice is given, the first date notice i.s given shall be excluded and the day of the hearing shall be included.] Ordinance No. 89 -41- F. In computing the length of time that notice is given, the first date T notice is given shall be excluded and the day of the hearing nr the date on which the appeal period or review period expires shall be included unless the last day falls on any legal holiday or on Saturday, in which case, the last day shall be the next business day. (Ord. 83-52) 18.30.100 Hearings Procedure- (a)] Unletss otherwise provided in the rules of procedure adopted by the City Council: 1. The presiding officer of the Commission and of the Council shall have [has] the authority to: A. [A] Regulate the course, sequence and decorum of the hearing; b. [B] Dispose of procedural requirements or similar matters; and S.. [C] Impose reasonable time limits for oral presentations; 2. No person shall address the Commission or the Council without: a. Receiving recognition from the presiding officer; and b. Stating their full name and residence address; and 3. [disruptive conduct such as audience demonstrations in the form of applause, cheering, display of signs shall be cause for expulsion of a person or persons from the hearing, termination or continuation of the hearing, or other appropriate action determined by the presiding officer. i . [(b)] Unless otherwise provided in the rules of procedures adopted by the Council, the presiding officer of the Commission and of the Council, shall conduct the hearing as follows: I. The hearin, shall be opened by a statement from the presiding officer setting forth the nature of the matter before the body, a genera: summary of the procedures set forth in this section, a summary of the standards set forth in Section 18.30.120, and whether the decision which will be made is a recommendation to the City Council or whether it will be the final decision of the Council; 2. A presentation of the Director's report and other applicable staff reports shall be given; k 3, The public shall be invited to testify; 4. The public hearing may be continued to allow additional testimony or i e :,,,Ay be closed and Ordinance No. 89 —42- 5. The body's deliberation may include questions to the staff, comments from the staff or inquiries directed to any person present. (Ord. 83-52) 18.30.110 Continuation of the Public Hearinq A. The Commission or the Council may continue any hearing and no additional notice shall be required if the matter is continued to a place, date and time certain. (Ord. 83-52) 18.30.120 The Standards for the Decision A. [(a)] The recommendation by the Commission and the decision by the Council shall be based on consideration of the following factors: 1. The statewide planning goals and guidelines [rules] adopted under Oregon Revised Statutes Chapter 197; 2. Any federal or state statutes or guidelines [rules] found applicable; 3. Applicable plans and guidelines [rules] adopted by the Metropolitan Service District; 4. The applicable comprehensive plan policies and map; and 5. The applicable provisions of the implementing ordinances. B.[(b)] Consideration may also be given to: 1. Proof of a change in the neighborhood or community or a mistake or inconsistency in the comprehensive plan or implementing ordinance which is the subject of the application. (Ord. 83-52) 18.30.130 Approval Process and Authority A. [(a)] The Commission shall: 1. After notice and a public hearing, formulate a recommendation to the Council to approve, to approve with modifications or to deny the proposed change, or to adopt an alternative; and 2. Within 10 days of determining a recommendation, cause the written recommendation to be signed by the presiding officer of the Commission and to be filed with the Director. L.[(b)] Any member of the Commission who voted in opposition to the recommendation by the Commission on a proposed change may file a written statement of opposition with the Director prior to any Council public hearing on the proposed change. The Director shall transmit a copy to each member of the Council and place a copy in the record. ordinance No. 89-- —43— gj(c)] The official record shall include: 1, All materials considered by the hearings body; 2. All materials submitted by the Director- to the hearings body with ro pect to the application; 3. The verbatim record made by the t-teriographic or mechanical means, the minutes of the hearing and other documents considered; 4. The final ordinance; 5. All correspondence; and 6. A copy of the notice which was given as provided by Section 18.30.080, accompanying affidavits and list of persons who were sent mailed notice. (Ord. 83-52) 18,30.170 Reapplication A. If an application has been made and denied in accordance with the provisions set forth in this title [code] or by action by the Land Use Board of Appeals, the Lane! Conservation and Development Commission, or the courts, no new application for the same or substantially similar change shall be accepted within one year from the date of the final action denying the application; except the Council may reinitiate an application upon a finding that there has been a substantial change in the facts surrounding the application or a change in policy which would support the reapplication. (Ord. 83-52) y" Ordinance No. 89- ��� i I Chapter 18.32 PROCEDURES FOR DECISION MAKING: _QUASI—JUDICIAL Sections: 18,32-010 Purpose 18.32.020 The Application Process 18.32.030 Time Period for Decision Makin Orf 32 0io -�.___p__ ,,,,,,",..., -rr_aNNliCatlUn conference Required 18.32.050 Application Submittal Requirements: Refusal of an Application 18.32.060 Duties of the Director 18.32.070 Alternative Recommendation by Director 18.32.080 Additional Information Required, Waiver of Requirements and Report Required 18.32..090 Approval Authority Responsibilities 18.32.100 Consolidation of Proceedings 18.32.110 A Decision by the Director: No `clearing Required 18.32. 3.20 Notice of Decision by the Director 18.32,130 Notice of Hearings Officer, [planning] Commission and City Council Proceedings 18.32.140 Contents of the Notice for Public Hearings 18.32.150 Failure to Receive Notice: Computations 18.32, 160 Hearings Procedure 18.32.170 Ex Parte Communications with Approval Authority 18.32.180 Continuation of the Hearing 18.32.190 Subpoena or Deposition of Witnesses 18,32.200 Evidence 18.32.210 Judicial Notice 18.32.220 Participation in the Decision: Voting 18.32.230 Record of Proceeding for Public Hearings 18.32.240 Effective Date of the Decision 18.32.250 The Decision Process of the Approval Authority 18.32.260 The Form of the Final Decision 18.32.270 Notice of Final Decision 18,32.275 Amended Decision Process 18.32.280 Denial of the Application: Resubmittal 18.32.290 Standing to Appeal or for a Petition for Review 18.32.300 Computation of Appeal Period: Petition for Review Time Period 18.32.310 Decisions which may be Appealed or Reviewed 18.32.320 Type of Appeal or Review Hearing: Limitations of Review 18.32,330 Transcripts 18,32,340 Notice of Appeal or Petition for Review 18.32.345 Fee Waiver Allowed for Neighborhood Planning Organizations 18.32..350 Persons Entitled to Notice on Appeal or Review: Type of Notice 18,32.360 Contents of Notice on Appeal or Review 18.32.370 Action on Appeal or Review: Time Limit and Authority to Change the Decision 18.32,380 Final Action of the Approval Authority: Effective Date 18.32.390 Revocation of Approvals Ordinance No. 89- —46— C. [(c)] If the Commiss,. fails to recommend approval, approval with modification or denial ul� the proposed legislative change within 60 days of its first public hearing on the proposed change, the Director shall: 1. Report the failure together with the proposed change to the Council; and 2. Cause notice to be given, the matter to be placed on the Council's agenda, a public hearing to be held and a decision, to be made by the Council. No further action shall be taken by the Commission. D. [(d)] The Council shall: 1. Have the responsibility to approve, approve with modifications or deny an application for the legislative change or to remand to the Commission for rehearing and reconsideration on all or part of an application transmitted to it under this title [code]; 2. Consider the recommendation of the Commission, however, it is not bound by the Commission's recommendation; and 3. Act by ordinance which shall be signed by the Mayor [within three days] after the Council's adoption of the ordinance. (Ord. 83-52) f 18.30.140 Note Required for a_Legislak. tive_ Chanq �.[(a)] An affirmative vote by a majority of the qualified voting members of the Commission present shall be [is] required ror a recommendation for approval, approval with modifications, or denial E3.[(b)] An affirmative vote by a majority of the qualified members of the Council present shall be [is] required to decide any motion made with respect to the proposed change. (Ord. 83-52) 18.30.150 The Final Decision A. The approved legislative change shall take effect after adoption as specified in the enacting ordinance. (Ord. 83-52) 18.30.160 The Record of the Public Nearing A. [(a)] A verbatim record of the proceeding shall be made by stenographic or mechanical means. It shall not be necessary to transcribe testimony. The minutes and other evidence presented as a part of the hearing shall be part of the record. A.[(b)] All exhibits received and displayed shall be marked so as to provide ` :identification and shall be part of the record. �y Ordinance No, 89-- --44— 18.1L.010 Purpose A. The purpose of this chapter is to establish procedures under this title [code] for the consideration of development applications, for the consideration of quasi-judicial comprehensive plan amendments and for appeal or review of decisions. (Ord. 83-52) 18.32.020 Phe Application Process i A.((a)] Applications for approval required under this chapter may be initiated by: 1. Order of Council; 2. Resolution of a majority of the Commission; 3, The Director; . 4. A neighborhood planning organization or City of Tigard advisory ° board or commission; or 5. Application of a recorded owner of property or contract purchasers. I g.[(b)] Any persoris authorized by this title to submit an application for approval may be represented by an agent authorized in writing to make the application. (Ord. 83-52) 18 32 030 Time Period for Decision Making A. The Cit; shall take final action on an application for a permit or a zone change, including the resolution of all appeals within 120 days after the application is deemed complete, except: f. The 120-day period may be extended for a reasonable period of time at the request of the applicant; . 2. The 120-day period applies only to a decision wholly within the Y` authority and control of the City; And k R.: 3. The 120-day period does not apply to an amendment to an acknowledged comprehensive plan or land use regulation. (Ord. 83--52) 18 Conference Required P A.[(a)] The applicant shall be required to meet with the Director [or a designee of the Director] for a preapplication conference. A.[(b)] At such conference, the Director [or designee] shall: 1. Cite the applicable comprehensive plan policies and map designation; -47- Ordinance No. 83- : 7 77 2. Cite the applicable substantive and procedural ordinance provisions; 3 . Provide technical data and assistance which will aid the applicant; 4. Identify other policies and regulations that relate to the application; and 5. Identify other opportunities or constraints that relate to the application• C.[(c,] Due to possible changes in state statutes, or regional or local policy, information given by staff to the applicant during the preapplication conference is valid for riot more than six months. 1 . Another preapplication conference is required if an application is submitted six months after the preapplication conference. D.[(d)] Failure of the Director to provide any of the information required by this chapter shall not constitute a waiver of the standards, criteria or requirements of the applications. (Ord. 83-52) 18 32 050 Application Submittal Requirements: Refusal of an Application A.[(a)] The application shall be made on forms provided by the Director as provided by Subsection 18.32.060.A.i. ( Q•[(b)] The application shall: 1 . Include the information requested on the application form; 2. Address appropriate criteria in sufficient detail for review and action; 3. Be accompanied by the required fee; and 4. Include a. list of names and addresses of all persons who are property owners of record within 250 feet of the site as required lay` the specific application section of this title [code]. The racords of the Washington County Department of Assessment and Taxation shall be the official records for determining ownership. C•[(c)] The Director [or designee] shall not accept: 1. An incomplete application, except as otherwise provided by Section 18.32.080; or 2. Applications not accompanied by the required fee. ; F Ordinance No, 89--- •-48— R.[(d)] An application shall be deemed [is] incomplete unless it addresses each element required to be considered under applicable provisions of this [the Tigard municipal] code and r` Vne application form. 4 E.[(e)] If an application for a permit or zone change is incomplete, the Director shall: 1. Notify the applica„L within ' O days of receipt of the application of exactly what information is missing; and 2. Allow the applicant to submit the missing information. The application for a permit ora zone change shall be deemed [is] complete when the missing information is provided and at that time the 120-day time period shall begin to run for the purposes of satisfying state law. If the applicant refuses to submit the missing information required for a permit or a zone change application, the applicl ion shall be deemed complete on the 31st day after the Director first received the application. This in no way negates the applicant's burden of proof, but it is for the purpose of allowing an application to be submitted for hearing. (Ord. 83-52) 18.32.060 Duties of the Director A._[(a)] The Director shall: 1. Prepare application forms made pursuant to the standards contained in the applicable state law, comprehensive plan, and implementing ordinance provisions; 2. Accept all development applications which comply with the provisions of Section 18.32.050; 3. Within 60 days after an application is deemed complete pursuant to, this chapter, except as provided by Section 18.32.110. [A] Give notice as provided by Sections 18.32.130 and 18.32.140 except as provided by Section 18.32.120; AL b [R] Prepare a staff report which shall include[s]: fr (i) The facts deemed relevant to the proposal and found by the Director to be true; i F a, Ordinance No. 87_ -49- l ' (ii) Until the city's comprehensive plan is t acknowledged, those statewide planning goals € deemed to be applicable and the reasons why any other goal is not applicable to the proposal. r i-6o i-y need not deal The Director or appravaA au;,� j with statewide planning goals 15-19, which are not applicable in Tigard; `t (iii) Those portions of the Tigard comprehensive plan and implementing ordinances which the Director j deems to be applicable to the proposal. if any portion of the plan or ordinances appear to be C reasonably related to the proposal and are deemed not applicable by the Director, the Director shall explain why such portion or portions are } not applicable; s (iv) An analysis relating the facts deemed true by the Director to the applicable criteria and a i consideration of alternatives open to the approval authority, resulting in a recommendation of denial, approval, or approval with conditions under Section 18.32.250; and (v) A statement regarding a waiver of information or additional information required by the Director s as provided by Section 18.32.080; ; c, [C] hake the staff report and all case—file materials available: (i) At the time that notice of the decision of the Director is given; and r, (ii) At least five days prior to a scheduled hearing data; d. [D] Act on the development application pursuant to Subsection 18.32.090.A► and Section 18.32.110 or cause a hearing to be held pursuant to Subsections 18.32.090.6 through D and Sections 18.32.150 through 18.32.230 and Section 18.32.240, unless the applicant has requested or consented to a delay; 4. Administer the hearings process pursuant to Sections 18 32.130 through 18.32.190 and Section 18.3?.200; 5. Maintain a register of all applications which have been filed for a decision. The register shall identify at what stage the application is in the r^ocess; _ y —50— ordinance No, 89-- � 6. File notice of the final decision in the records of the Planning Division [department] and mail a copy of the notice of the final decision to the applicant and all r parties and to those persons requesting copies of such notices who pay the necessary fees therefor as provided by Sections 18.32, 120 or 18.32. 130; 7, Maintain and preserve the file for each applicat on. The file shall include, as applicable, a list of persons required to be given notice and a copy of the ,notice given pursuant to Section 18,32.120 or 18.32. 130 and the accompanying affidavits, the application and all supporting information, the staff report, the final decision, including the findings, conclusions and conditions, if any, all correspondence, the minutes of any meeting at which the application was considered and any other exhibit, information or documentation which was consideree' by the hearing body with respect to the application; and 8. Administer the appeals and review process pursuant to Sections 18.32.240 through 18,32.370. (Ord. 84-69; -Ord. 83-52) 18.32.070 Alternative Recommendation by Director The Director shall make a recommendation to the ini`ial hearings body on the application; however, in addition, the Director may recommend an alternative or alternatives. Such alternatives shall be considered only if: 1. Notice of such alternative(s) has been given as p,:rt of the hearing notice in addition to the matters contained in Section 18.32.140; and 2. The staff report prepared as provided by Subsection 18.32.060.A.3.b supports such an alternative(s). (Ord. 83-52) 18.32.O80 Additional Information Required, Waiver of Recquirements and Report Required R.[(a)] The Director may require information in addition to that required by a specific provision of this title [code], provided: 1. The information is needed to properly evaluate the proposed development proposal; and 2. The need can be Justified on the basis of a special or unforeseen circumstance. d a f Ordinance No. 89— —51•- B.E(b)] The Director may waive the submission of information for a specific requirement subject to the provisions of subsection (C) of this section, provided; 1. 'The Director finds that specific information is not necessary to properly evaluate the application; or 2. The Director finds that a specific approval standard is not applicable to the application. C,((c)] Where a requirement is found by the Director to be inapplicable the Director shall; 1. Prepare a memorandum to the record and to the applicant citing the grant --if authority, the specific requirements waived and the reasons; 2. (advise the applicant in writing that the waiver may be t; challenged on appeal or at the hearing on the matter and may be denied by the approval authority; and 3. Cite in the staff report on the application the spacific requirements waived, the reasons for the waiver and the specific grant of authority. (Ord. 83-52) 18 32 090 PApproval Authority Responsibilities q, E(a)] The Director shall_ have [has] the authority to approve, deny, or approve with conditions the following applications; 1. Minor partition pursuant to Chapter 18.162; 2. Major partition pursuant to Chapter 18.162; ,.: 3. Site development pursuant to Chapter 18.120; 4. Temporary use pursuant to Chapter 18. 140; 5. Nome occupation pursuant to Chapter 18.142; 6. Minor modification to approved planned developments; 7. variance pursuant to Chapter 18.134; 8. Accessory uses and structures pursuant to Chapter 18.144; 9. Flexible setback standards for developed lots pursuant to Chapter 18.146 '0, Zero lot line setback standards pursuant to Chapter 18.148; ss x f i� -52— :y Ordinance No. 89— 11, A detailed planned development proposal, under Chapters 18,80 and 18.120; t 12. Determination of parking requirements for unlisted uses pursuant to Subsection 18. 106.020.C; and 13. Tree removal permits. B.[(b)] The Hearings Officer shall conduct a public hearing in the manner prescribed by this chapter and shall have [has] the authority to approve, deny, or approve with conditions the following development applications: 1. Conditional use pursuant to Chapter 18. 130; 2. Sensitive land permit pursuant to Subsections 18.84.015(B)(1) and (B)(2); 3. Historic overlay district amendments pursuant to Chapter 18.82; ant: 4. Subdivisions pursuant to Chapter 18.160 when not part of a planned development and/or no variance to Title 18 standards is requested. C. L;c)] The [planning] Commission shall conduct a public hearing in the manner prescribed by this chapter and shall have the authority to approve, deny, or approve with conditions the following (' development applications: 1. Subdivisions pursuant to Chapter 18.160 when requested as part of a planned development and/or in conjunction with a variance to the subdivision standards or a variance to any Title 18 requirement; 2. A quasi—judicial comprehensive plane amendment except: a. [A] The [planning] Commission's function shall be limited to a recommendation to the Council; b. [B] The [planning] Commission may transmit their recommendation in any form and a fin order need not be formally adopted; and r c. [C] The Council hearing shall b -+fie—yrs- nd a be final order shall be formally adopted 3. A quasi—judicial zoning map amendment pursuant to Section Yg.22 Q30 [Chapter 18.1101 except where the zone change application is being heard concurrent with a quasi-judicial plan amendment. in such a situation this zone change shall be decided in the same manner as a quasi judicial plan amendment; y OrdinanceNo. 89-- —53- 4. A development application referred to the Commission by the Director; 5. An appeal of a decision made by the Director under - Subsection 18.32.310.A of this section; 6. A♦e conceptual planned development proposal under Chapter 7. Interpretations of the Tigard comprehensive plan or the adopted community development code, if requested by the Director or other interested persons; 8. Any ot,hsr matter not specifically assigned to the Director, the Hearings Officer, or City Council under this title [code]; 9. The preliminary review of plan designations and formal imposition of zoning district designations made to lands annexed to the City; 10. Appeal of sign permits pursuant to Chapter 18.114; 11. Sign code exceptions pursuant to Chapter 18.114; 12. Variances to subdivision: standards; and 13. Recommendations to the City Council on annexations. �- D.[(d)] The City Council shall conduct a public hearing in the manner prescribed by this chapter and shall have [has] the authority to approve, deny, or approve with conditions the following 4 development applications: 1. The formal imposition of plan designations made to lands annexed to the City; 2. Matters referred to the Council by the [planning] Commission or Hearings Officer for, review under Subsection 18.32.310.8.3; 3. Review of decisions of the initial hearings body, whether on the Council's own motion or otherwise, as provided by Subsections 18.32.310.8.1 and 2; 4. Quasi-judicial plan amendments; and 5. Resolutions to the boundary Commission for annexations and quasi-judicial zoning designations on property to be annexed. (Ord. 86-43; Orsi, 85--32; Ord. 84-69; Ord. 84-09; Ord. 83-52) Ordinance No. 89- -54-- 18.32.100 Consolidation of Proceedings Except as provided in subsection D of this section, whenever an applicant requests more than one approval and more than one approval authority is required to decide the applications, the proceedings shall be consolidated so that one approval authority shall decide[s] all applications in one proceeding. c.[(b)] In such cases as stated in subsection A of this section; the hearings shall be held by the approval authority having original jurisdiction ever one of the applications under Section 18.32.090, in the following order of pre,'erence: the Council, the Commission, the Hearings Officer, or tt.a Director. Plan map amendments are not subject to the 120—day decision making period prescribed by state law and such amendments may involve complex issues; therefore, the Director shall not be [is not] required to consolidate a plan map amendment and a zone change or other permit applications requested unless the applicant requests the proceedings to be consolidated and signs a waiver of the 120—day time limit prescribed by state law for zone change and permit applications. j(d)] Where there is a consolidation of proceedings: . 1. The notice shall identify each action to be taken; 2. The decision on a plan map amendment shall precede the ! decision on the proposed zone change and other actions; and, 3. Separate actions shall be taken on each application. (Ord. 83-52) 18.32110 A Decision by the Director: No Hearing Recl!aired z A.[(,a)] Pursuant to Subsectian 18.32.090.A, the Director is authorized to make certain decisions, and no hearing shall be held unle3s an appeal is filed as provided by Subsection 8 of this section, or unless: 1. An appeal is filed pursuant to Subsection 18.32.310.A; or 2. The Director has an interest in the outcome of the decision, due to some past or present involvement with the applicant, other interested persons or in the property or surrounding property. In such cases, the application shall be treated as if it were filed under Subsection 18.32.090.C. The decision shall be in the form set forth in Section 18.32.120. The decision shall be based on the approval criteria set forth in Section 18.32.250. .t . Ordinance No.. 89- —55— D.[(d)] Notice of the decision by the Director shall be given as provided by Section 18.32. 120 and notice shall be governed by the provisions of Section 18.32.140, Contents of Notice, and Section 18.32.150, Failure to Receive Notice. 1_ The record shall include: 1. A copy of the application and all supporting information, plans, exhibits, graphics, etc. ; 2. All correspondence relating to the application; 3. All information considered by the Director in making the decision; 4. The staff report of the Director prepared under Subsection 18.32.060.A.3.b; 5. A list of the conditions, if any are attached to the approval of the ,application; and 6. A copy of the notice advising of the Director's decision which was given pursuant to section 18.32.090, and accompanying affidavits, and a list of all persons who were given mailed notice. F.[(f)] Standing to appeal shall be as provided by Section 18.32.290. / �•[(g)] The appeal period shall be computed as provided by Section 18.32.300, The method for taking thc: appeal shall be as provided by Subsection 18.32.310.A and the notice of appeal submitted by an appellant shall As pt^nvi 4d by, Section 18.32.340. i 44),a , The hearing s l "�" e o as1 provided by Subsection 18.32.320.A. -- Notice of the final decision on appeal shall be as provided by Section 18.32.270, Notice of Final Decision, and Section 18.32.260, The Form of the Final Decision. No decision by the Director may be modified from that set out in the notice except upon being given new notice. The action on the appeal shall be as provided by Section 18.32.370, Action on Appeal or Review. A decision by the [planning] Commission on an appeal of a Director's decision is .final. •[(n)] Resubmittai shall be as provided by Section 18.32.280, Denial of Application: Resubmittal. t' Ordinance No. 89— 56-- _ . 0.[(0)] The provisions of Section 18.32.390, Revocation of Approvals apply to a decision by the Director. (Ord. 83-52) f i 18.32.120 Notice of Decision by the Director A.[(a)] Notice of the Director's decision on an application pursuant to Subsection 18.32.090.A shall be given by the Director in the following manner-: 1. Within five days of signing the proposed decision, notice shall be sent by mail to: A, [A] The applicant and all owners or contract purchasers of record of the property which is the subject of the application; `s f b. [B] All surrounding property owners of record of property t within 250 feet of the property for the following types of Director's decisions: Minor Land Partitions; JL11 Lot Line Adjustments; iii Site Development Reviews _(Ivl Administrative Variances; and t Lv Sensitive Lands (steep slope, drainageway) . All owners of, record of property immediately abutting a site subject to the following types of director's decisions: e Temporary Uses Nome Occupations; and Flexible Setback Variances; d. [C] The affected neighborhood planning organization, if active; I.. [D] Any governmental agency which is entitled to notice under an intergovernmental agreement entered into with the City which includes provision for such notice; and iF. [E] Any person who requests, in writing, and pays the required fee established by the Council. i 2. Within five days of signing the decision, the Director i shall post a copy of each notice of decision at City Nall; and Ordinance No. 89— -57- 3, Within five days of signing the decision, notice shall be published in a local newspaper of general circulation for site design review, major land partitions, and minor land partitions. Newspaper notice is not required for other decisions by the Director. g,[(b)] The Director shall cause an affidavit of mailing, posting and publication of notice where newspaper publication was required in Subsection A.1 of this section to be filed and made a part of the administrative record. C•_[(c)] Notice of a decision by the Director shall contain: 1. The nature of the application in sufficient detail to apprise persons entitled to notice of the applicant's proposal and of the decision; 2.. The address and legal description of the subject property; 3. A statement of where the adopted findings of fact, decision and statement of conditions can be obtained; 4.. The date the Director's decision will become final; [and] 5. A statement that a person entitled decision may o adversely peal the affected or aggrieved by decision:[; and,] a. [A] The statement shall explain briefly how an appeal can be taken, the deadlines and wh information can be obtained; and [,] b. [D] The statement shall explain that if an appeal is not filed, the decision shall be final, except for notice published in the newspaper; 6. A map showing the location of the property; and 7. A statement that the hearing on an appeal will be de nova. (Ord, 86-08; Ord. 84-61; Ord 83--52) 18.32.130 Notice of Hearings Officer planning? Commission and City Council Proceedincis Notice of an impending action pursuant to Subsections 18.32,090.8, C, and D shall be given by the Director in the following manner: 1• At least 10 days prior to the scheduled hearing date, notice shall be sent by mail to: s ' Ordinance No. 89- 9 .ay a. [A] The applicant and all owners or contract purchasers of record of the property which is the subject of the application; b. [B] All property owners of record within 250 feet of the property for the following types of applications: �i Subdivisions; ii Sian Code Exceptions: JL.HJ Administrative Sign Variances; LLvJ Sensitive Lands Permits (100—year floodplain JvJ Conditional Use Permits; and JILil Planned Developments; vii I Comprehensive Plan Amendments; viii Zone Changes* LLxJ Zone Ordinance Amendments; c. [C] Any affected governmental agency which has entered into an intergovernmental agreement with the City r which includes provision for such notice; k d. [D] The affected neighborhood planning organization, if active; er. [E) Any person who requests, in writing, aria pays a fee established by the Council; and f. [E] The appellant and all parties to an appeal or petition for review; and [.] 2. The Director shall cause an affidavit of mailing of notice to be filed and made a part of the administrative record. At least 10 days prior to the hearing, notice shall be given in a newspaper of general circulation in the City. An affidavit of publication shall be made part of the administrative record. (Ord. 83-52) 18.32. 140 Contents of the Notice for Public Hearings A, Notice given to persons entitled to mailed or published notice pursuant to Section 18.32.130 shall include the following information: s _ Efft t� f Ordinance No. 89— —59— 1. The number and title of the file containing the application q and the address and phone number of the Director's office t` where additional information can be obtained; 2. A description of the subject property, reasonably j calculated to give notice as to its actual location which shall include, but not be limited to, the metes and bounds description or the tax map designations of the applicable County assessor's office; E 3. Except for notice published in the newspaper, a map showing the location of the property; i A. The nature of the application in sufficient detail to apprise persans entitled to notice of the application's , proposal; and t 5. The time, place and date of the public hearing, a statement that both public oral and written testimony is invited, and a statement that the hearing will be held under this chapter and any rules of procedure adopted by the Council and available at City Hall. (Ord. 83-52) t r 18.32.150 Failure to Receive Notice: Computations S A.[(a)] The failure of a property owner to receive n-Ntice shall not {' invalidate the action provided a good faith attempt was made to notify all persons entitled to notice. F E r Personal notice is deemed given when the notice is deposited with the United States Postal Service, and published notice is deemea given on the date it is published. i C.[(c)] The records of the Washington County assessor's office shall be [are] the official records used for giving notice required by the ordinances codified in this title [code], and a person's , name and address which is not on file at the time the notice mailing list is initially prepared is not a person entitled to notice under Sections 18.32.120 and 18.32.130. `' ®.[(d)] In computing the length of time that notice is [was] given, the first date notice is given shall be excluded and the day of the hearing or the date on which the appeal period or review period expires shall be included unless the last day falls on any legal holiday or on Saturday, in which case, the last day shall be the , next business day. (Ord. 83-52) 18,32.150 Hearings Procedure [(a)] Unless otherwise provided by the rules of procedure adopted by the Council, the approval authority shall have the authority to conduct a public hearing, and: E, E' f e i Ordinance No. 89—_ —60— f 1. Determine who qualifies as a party; 2. Regulate the course, sequence and decorum of the hearing; 3. Dispose of procedural requirements or similar matters; 4. Rule on offers of proof and relevancy of evidence and 4 testimony; ; 5. Impose reasonable limitations on the number of witnesses heard and set reasonable time limits for oral presentation and rebuttal testimony; 6. Take such other action appropriate for conduct commensurate ` with the nature of the hearing; and 7. Approve or deny applications or approve with conditions pursuant to Section 18.32.250, ?' Unless otherwise provided in the rules of procedure adopted by the Council, the approval authority shall conduct the hearing as fo 1 low's 1. Announce the nature and purpose of the hearing and �r summarize the r,jles of conducting the hearing; 2. Recognize parties; 3. Request the Director to present the staff report, to explain any graphic or pictorial displays which are a part of the report, summarize the findings, recommendations and conditions, if any, and to provide such other information as may be requested by the approval authority; 4. Allow the applicant or a representative of the applicant co be heard! 5, Allow parties or witnesses in favor of the applicant's proposal to be heard; 6. Allow parties or witnesses in opposition to the applicant's proposal to be heard; 7. Upon failure of any party to appear, the approval authority shell take into consideration written material submitted by such party; S. Allow the parties in favor of the proposal to offer rebuttal evidence and testimony limited to rebuttal of points raised. New testimony wi12 not be heard; 9. Conclude the hearing by announcing 'officially the public : „ . hearing is closed; and Ordinance No. 89 -$g_ � 10. Make a decision pursuant to Section 18.32.250 or take the matter under advisement pursuant to Section 18,32, 180. C.[(c)] Unless *otherwise provided in the rules of procedures adopted by the Council, the following rules shall apply to the general conduct of the hearing: I. The approval authority may ask questions at any time before the :lose of the hearing, and the answers shall be limited to the substance of the question; 2. Parties or the Director must receive a approving authority to submit ues approval from the t parties or witnesses or the Director .ons directly to other 3. A reasonable amount of time shall be given to persons to respond to questions; 4. No person shall testify without first receiving recognition from the approval authority and stating his full name and address; 5. The approval authority may require that testimony be under oath or affirmation; 6 Audience demonstrations such as applause, cheering and display of signs, or other conduct disruptive of the hearing shall not be permitted. Any such conduct may be cause for immediate suspension of the hearing; and 7• No person shall be disorderly, abusive, or disruptive of the orderly conduct of the hearing. (Ord, 83-52) 28.32.170 Ex Parte Communications with A raval Authorit I C(a)] Members of the approval authority shall not: 1. Communicate, directly or indirectly, with any party or representative of a party in connection with any issue ' involved except upon giving notice' and opportunity for all parties to participate; nor 2. Take notice of any communication, report or other materials ' outside the record prepared by the proponents or opponents in connection with the particular case unless the: parties are afforded an opportunity to contest the material so noticed. �•�(�), No decision or action of the [planning] Commission or Council shall be invalid due to an ex parte contact or from an ex bias .resulting ! parte contact with a member of the decision making body, if the member of the decision making body receiving the contact: I j Ordinance No. eq— -62 1. Places on the record the substance of any written or oral ex parte communications concerning the decision or action; and 2. Makes a public announcement of the ' content of the communication and of the parties` right to rebut the substance of the communication made at the first hearing following the communication where action will be considered or taken on the subject to which the communication related. Members of the Commission shall be governed by the provisions of Oregon Revised Statute 227.035 and the provisions of this section. This section shall not apply to Director decisions made under Subsection 18,32.090.A. A communication between the City staff and the [planning] Commission or Council shall not be considered an ex parte contact. Subsection (B) of this section does not apply to an ex parte contact with a bearings Officer. (Ord. 83-52) 18 32 180 Continuation of the bearing A.[(a)] An approval authority may continue the hearing from time to time ( to gather additional evidence, to consider the application fully or to give notice to additional persons. Unless otherwise provided by the approval authority, no additional notice need be given of the continued hearing if the matter is continued to a date, time, and place certain. (Ord. 83-52) 18.32.190 Subpoena or Deposition of witnesses Any party to an appeal or petition for review who wishes to subpoena or depose witnesses may do so by application to the Director not less than seven days prior to the hearing and a showing that the witness resides in Oregon, is unable or unwilling to appear and the testimony is material and relevant. B.[(b)] Upon approval by the Director, application for subpoenas or depositions shall be made after proper completion and payment of those fees applicable to civil cases, to the Washington County circuit court. (Ord. 83-52) 18.32.200 Evidence A-,[(a)] All evidence offered and not objected to may be received unless excluded by the approval authority on its own motion. —63— Ordinance No. 89— 9. [(b)] Evidence received at any h-easing shall be of a quality that reasonable persons rely upon in the conducting of their everyday affairs. C.[(c)] No person shall present irrelevant, immaterial, or unduly repetitious testimony or evidence. %J(d)] Evidence shall be received and notice may be taken of those facts in a manner similar to that provided for in contested cases before state administrative agencies pursuant to Oregon Revised Statute 183.450, except as otherwise provided for in this title. [code; and] E. [(e)] Formal rules of evidence, as used in courts of law, shall not apply. (Ord. 83-52) 18.32.210 Judicial Notice &J(a)] The approval authority may take notice of the following: 1. All facts which are judicially noticeable. Such noticed facts shall be stated and made part of the record; 2. The statewide planning goals adopted pursuant to Oregon Revised Statutes Chapter 197; and 3. The comprehensive plan and other officially adopted plans, implementing ordinances, rules and regulations of the City of Tigard, and the comprehensive plans and implementin,i ordinances of other planning authorities within the Metropolitan Service District boundary. 8.[(b)] Flatters judicially noticed need not be established by evidence and may be considered by the approval authority in the determination of the application. (Ord. 83-52) 18.32.220 Participation in the Decision: Voting d(a)] In addition to the provision of Oregon Revised Statute 227.035 which applies to [planning] Commission members or Oregon Revised Statutes Chapter 244 which applies to all members of an approval authority, each member of the approval authority scall be impartial. Any member having any substantial past or present involvement with the applicant, other interested persons, the property or surrounding property, or having a financial interest in the outcome of the proceeding, or having any prehearing contacts, shall state for the record the nature of their F involvement or contacts, and shall either: 1. State that they are not prejudiced by the involvement or contacts and will participate and vote on the matter: or s Ordinance No. 89— —64— 2, State that they are prejudiced by the involvement or contact and will withdraw from participation in the matter. ®, [(b)] An affirmative vote by a majority of the qualifier) voting members of the approval authority who are present is required to approve, approve with conditions, or deny an application or to amend, modify, or reverse a decision on appeal or review. L, [(c)] Notwithstanding Subsections A and s of this section, no member of an approval authority having a financial interest in the outcome of an application shall take part in proceedings on that application; provided, however, with respect to the Council only, a member I1lay vote upon a finding of necessity which shall be placed on the record by the presiding officer, D.[(d)] Only those qualified members who have reviewed the entire record shall vote. In the event of a tie, the decision which is the subject of appeal or review shall stand. (Ord. 83-52) 18-32.230 Record of Proceeding for Public Hearings [(a)I A verbatim record of the proceeding shall be made by stenographic or mechanical means, and: 1. It shall not be necesia ry to transcribe testimony except as ' provided for in Subsection 18.32.330.8; armed 2. The minutes or transcript of testimony, or other evidence of the proceedings, shall be part of the record. A.[(b)] All exhibits received shall be marked so as to provide identification upon review. The official record shall include: 1. All materials, pleadings, memoranda, stipulations and motions submitted by. any_ party to the proceeding and recorded or considered- .-by the approval authority as evidence; 2. All materials submitted by the Director to the approval authority with respect to the application including in the case of an appeal taken pursuant to Subsection 18.32.290.A the record of the Director's decision as provided by Section 18.32.110; 3. The transcript of the hearing, if requested by the Council or a party, or the minutes of the hearing, or other evidence of the proceedings before the approval authority; } v . Ordinance No. 89- -65-- 4. The written findings, conclusions, decision and, if any, conditions of approval of the approval authority; ' 5. Argument by the parties or their legal representatives permitted pursuant to Section 18.32.320 at the time of review before the Council; 6. All correspondence relating to the application; and 7. A copy of the notice which was given as provided by Section 18.32.130, accompanying affidavits and list of persons who were sent mailed notice. (Ord. 83-52) G 18.32.240 Effective Date of the Decision i A decision by the Director shall become effective on the tenth day after notice is published in a newspaper of general circulation in the City as provided in Subsection 18.32.120.A.3 E unless an appeal is taken pursuant to Subsection 18.32.290.A. A decision made by an initial hearings authority, other than the Director, shall become effective on the tenth day from the date notice of the final decision is mailed pursuant to Section 18.32.260 unless a petition for review is filed as .provided by € Subsection 18.32.290.B. i A final decision by the [planning] Commission in the case of an appeal of a Director's decision, or a final decision by the Council in the case of a petition for review of a Commission or Hearings Officer decision, shall be final on the tenth day from the date notice of the final decision is mailed pursuant to Section 18.32.260. (Ord. 83-52) ! 18.32.250 The Decision Process-of the App.oval Athority+ The decision shall be bused on: 1. Proof by the applicant that the application fury complies with: a. [A] The City of Tigard comprehensive plan; and �i. [8] The relevant approval standard found in the applicable chapter(s) of this title [code] or other applicable implementing ordinances; 2. The standards and criteria that were applicable at the time the application was first submitted at such time as the City's plan and applicable ordinances are acknowledged. -66- Ordinance No. 89� � 1 Consideration may also be given to: 1. Proof of a change in the neighborhood or community or a mistake in the comprehensive plan or zoning map as it , �._ relates to the property which is the subject of the development application; and 2. Factual oral testimony or written statements from the parties, other persons and other governmental agencies relevant to the existing conditions, other applicable standards and criteria, possible negative or positive attributes of the proposal or factors in Subsections A or 3.1 of this section. C, [rcli If an application for a permit or a zone change was incomplete when first submitted and the applicant subruits the requested additional information within 180 days of the date the application was first submitted, the approval, approval with conditions, or denial shall be based upon the standards and criteria that were applicable at the time the application was first submitted. In all cases, the decision shall include a statement in a form addressing the requirements of Subsection 18.32.060.A.3.b which refers to the Director's staff report. The approval authority may: 1. Adopt findings and conclusions contained in the staff report: 2. Adopt findings and conclusions of a dower approval authority: 3. Adopt its own findings and conclusions; t=" 4. Adopt findings and conclusions submitted by any party provided all parties have had an opportunity to review the findings and comment on the same; or 5.' Adopt findings and conclusions from another source, either with or without modification, having made a tentative decision, and having directed staff to prep, findings for review and to provide an opportunity for ail parties to comment on the same, E—CM] The decision may be for denial, approval, or approval with conditions, pursuant to subsection 2 of this section. 1. Conditions may be imposed where such conditions are necessary to: a. [;�1 - Carry out applicable provisions of the Tigard comprehensive plan; Ordinance No. 89—� _67.._ b. [B] Carry out the applicable implementing ordinances; and C. [C] Ensure [Assure] that adequate public services are Y provided to the development or to ensure [assure] that other required improvements are made; 2. Conditions may include, but are not limited to; a. [A] Minimum lot sizes; b. [B] Larger setbacks; c. [C] Preservation of significant natural features; and [or] d. [D] Dedication of easements; 3. Conditions of approval shall be fulfilled within the time limit set forth in the decision or, if no time limit is set forth, within one year. Failure to fulfill any condition of approval within the time limitations provided may be grounds for revocation of approval, after notice and an opportunity to be heard as an administrative action; 4. Changes, alterations or amendments to the substance of the conditions of approval shall. be processed as a new administrative action; 6. Prior to the commencement of development, i.e. the issuance of any permits or the taking of any action under the approved development application, the owner and any contract purchasers of the property which is the subject of the approved application, shall sign and deliver to the E Director their acknowledgment and consent to such conditions; 6. The conditional approval may require the owner of the property to sign within a time certain or, if no time is designated, within a reasonable time, a contract with the City for enforcement of the conditions and: [.] [A] The Council shall have the authority to execute such contracts on behalf of the City; b, [B] If a contract is required by a conditional approval, no building perinit shall be issued for the use covered by the application until the executed contract is recorded in a real property record of the applicable County and filed in the County records; and e Ordinance No. Bg- -68- c. CC] Such contracts shall be enforceable against the signing parties, their heirs, successors and assigns by the City by ,appropriate action in law or! suis in equity for the benefit of public health, safety, and welfare; and 7. A bond in a form acceptable to the Director or, upon appeal or review by the appropriate approval authority, a cash deposit from the property owners or contract purchasers in such an amount as will ensure [assure] compliance with the conditions imposed pursuant to the Section, may be required. Such bond or deposit shall be posted prior to the issuance of a building permit for the use covered by the application. C,[(g)] The final decision on the application may grant less than all of the parcel which is the subject of the application. (Ord. 83-52) 18.32.260 The Form of the Final Decision A.[(a)] The final decision shall be a decision which is in writing and which has been: 1. Signed by the Director in the case of a final decision by the Director, and filed as a final decision within 10 calendar days; J 2. Formally adopted and signed by the chairperson of the approving authority other than the Director, and filed with the Director within 10 calendar days of the formal adoption of the decision; or 3. Formally adopted by the Council, and signed by the Mayor and filed with the Director and the City Recorder within 10 calendar days of the formal adoption of the decision. J(b)] The final decision shall be filed in the records of the Director within 10 calendar days after the decision is signed, and notice thereof shall be mailed to the applicant and all parties to the action, and shall be available to members of the Council. C. [(c)] notice of a final decision shall contain: I 1. A statement that all required notices under Section 18.32.130 have been met; 2. A statement of where the adopted findings of fact, decision and statement of conditions can be obtained; 3. The date the final decision was filed; and t i i Ordinance no. 8g-• 6g— 4. A statement of whether a party to the proceeding may seek review of the decision, as appropriate, to wit: [.] a. [A] In the case of a final decision by the Council, the statement shall explain that this decision is final and how review may be heard by a higher authority; or C7 � fo. [8] In the case of a final decision by the Hearings t Officer or [of] Commission, the statement shal1 explain briefly how a review can be taken to the Council pursuant to Subsection 18.32.310.8, the E deadlines, and where information can be obtained. I (Ord. 84-69; Ord. 83-52) 18.3.2.270 Notice of Final Decision 33. Notice of the final decision shall be mailed to the applicant and to all the parties to the decision, and shall be made available to the members of the Council. (Ord. 83-52) 28.32.275 Rmended Decision Process A, (a)] The [planning] Director may issue an amended decision after the a notice of final decision has been issued and prior to the end of F the 10—day appeal period. j(b)] A request for an amended decision shall be in writing, t accompanied with the appropriate fee and filed with the Director not more than eight days after the notice of final decision has been fi1G. ' t A request for an amended decision may be filed by: 1. The neighborhood planning organization affected by the t , initial decision; 2. The City Council; 3. The [planning] Commission; N 4. An employee of the City's planning staff; a; 5. Any party entitled to notice of the original decision; or 5. Any party who submitted comments in writing on the original E decision. Dj(d)] The amended decision process shall be limited to one time for each original application. ` E { Ordinance No. 89- —7t?- F;:. The Director shall make the determination as to issuance of an amended decision based on findings that one or more of the following conditions exist: 1. An error 'or omission was made on the original notice of final decision; 2. The original decision was based on incorrect information; and 3. New information, becomes available during the appeal period which was not available when the decision was made which alters the facts or conditions in the original decision. An amended decision shall be processed in accordance with Section 18.32.120 of this title [code]. (Ord. 84--61; Ord. 84--31) 18.32.280 Denial of the Application: Resubmittal A. An application which has been denied or an application which was denied and which on appeal or review has not been reversed by a higher authority, including the Land Use Board of Appeals, the Land Conservation and Development Commission or the courts, may not be resubmitted for the same or a substantially similar proposal or for the same or substantially similar action for a period of at least 12 months from the date the final City action is made denying the analication unless there is ? substantial change in the facts or a change in City policy which would change the outcome. (ford. 83-52) 18.32.290 Standing to Appeal or for a petition for Review St.[(a)] In the case of a decision by the Director, any person entitled to notice of the decision under Section 18.32.120 or any person who is adversely affected or aggrieved by the decision, may file a, notice of appoal as provided by Section 18.32.340. (b)] In the case of a decision by the Hearings Officer or the [planning] Commission, except for a decision on an appeal of the [a] Director's decision, any person shall be considered a party to a matter, thus having standing to seek review, provided: 1. The person appeared before the [planning] Commission or Hraar•ings Officer orally or in writing[;] and: a. [A] The person was entitled . as of right to, notice and hearing prior to the decision to be reviewed; or b. [D] The person is aggrieved or has interests adversely affected by the decision. (Ord. 83--52 E F, Orad i nance No._ 89- —71— 18.32.300 Computation of Appeal Period: Petition for Review Time Period i A.[(a)] In computing the length of thas appeal period for a Director's decision, the day the notice is published in the newspaper shall j be excluded and the last day for filing the appeal, the tenth r day, shall be included unless the last day falls on a legal f holiday for the City or on a Saturday, in which case, the last day shall be the next business day. In computing the length of the petition for re-view period, the f day that notice of the decision is mailed shall be excluded and f r the last day for filing the petition or review shall be included unless the last day falls on a legal holiday for the City or on a Saturday, in which case, the last day shall be the next I business day. The Director may grant an extension of the appeal period on a Director's decision for a reasonable time only if requested by the applicant and in the condition where no appeal has been filed to that date. (Ord. 84-69; Ord. 83-52) 18.32.310 Decisions which may Appealed or Reviewed r. ai.[(a)] Any decision by the Director made pursuant to Subsection 18.32.090.A may be appealed to the appropriate approval G authority as provided in Section 18.32.110 and the approval :. authority's decision shall be final. An appeal shall be taken by: 1. The filing of a notice to appeal, as provided by Section 18.32.340, by any person entitled to notice under Section 18.32.120, by the close of the City business day within 10 days after notice of the decision is published in a i newspaper of general circulation as provided by Subsection 18.32.120.A; or [.] I 2. The Commission or Council, on its own motion, seeks to hear . the matter by voice vote within ten days of the publication of the notice as provided by Subsection 18.32.240.A. Any decision made by any other approval authority under Subsections 18.32.090.8 or C may be reviewed by the Council by: f 1. The filing of a notice of review as provided by Section 18.32.340 by any party to the decision by the close of the City business day within 10 days of the sending of the notice of final decision; € 2. The Council or Commission, on its own motion, seeks review by voice vote within 10 days of mailed notice of the final decision; or ; i S i Ordinance No, 89- -72- i M E 3, Referral of a matter under Subsection 18.32,090.D by the initial hearings body to the Council, upon closure of the hearing, when the case presents a policy issue which requires Council deliberation and determination, in which case the Council shall decide the application. j f qJ(c)] Failure to file an appeal or petition for review shall be deemed a failure to exhaust administrative remedies. It- is the purpose of this section to provide the parties every remedy possible. The filing of an appeal or petition for review is a conditf�.n precedent to litigation. (Ord .. 86--36; Ord. 84-29; Ord. 83-52) i 18.32.320 Type of Appeal or Review Hearing; Limitations of Review A.[(a)] The appeal of a decision made by the Director under Subsection 18.32.090.A and Section 18,32. 110 shall be de novo and conducted as if brought under Subsections 18.32.090,8 or- C. B. [(b)] The review of a decision by the Commission or Hearings Officer by thQ Council shall be: i E 1. Confined to the record of the proceedings as provided in Section 18.32.320 and each member of the reviewing body shall be provided with a transcript -of the proceeding on appeal; i 2. Limited to the grounds relied upon in the notice of review as provided in Subsection 18,32.340.A, and conducted in accordance with the provisions of Sections 18.32.160 { through 19.32.260 and Section 18.32.310; r 3. The subject of written and oral argument. Such written argument shall be submitted not less than five days prior to Council consideration; and [.] 4. Reviews on the record by Council of Hearings Officer or Commission decisions shall be completed within 40 days of when terse notice of review is filed. (Ord. 84-69; Ord. 83-52) E` 18.32.330 Transcripts t A.[(a)] Within 20 days after the filing of the notice of review, the City shall provide each Council member, the applicant and the neighborhood planning organization (if requested), a copy of the complete transcript of the hearing and a copy of the minutes. f R.[(b)] The appellant shall be responsible to satisfy III costs incurred k for preparation of the transcript at a rate of actual costs up to $500 and one-half costs for any amount incurred over $500. Payment shall be made in full at least five days prior to the hearing. i ' OtAinance ;80 89— .. -73- i ;; Any other party requesting a copy of the transcript shall be charged the actual copy costs. (Ord. 84-69; Ord. 84-09; Ord. 83-52) 18.32,340 Notice of Appeal or Petition for Review The notice of appeal or petition for review shall contain: 1. A reference to the application sought to be appealed or reviewed; 2. A statement as to how the petitioner qualifies as a party; I 3. The specific grounds for the appeal or review; and i 4. The date of the filing of the final decision on the action or, in the case of a decision by the Director, the date the decision was filed and the date notice of the final or proposed decision was given. The appeal or review application shall be accompanied by the required fee except as allowed under Section 18.32.345. (Ord. 85-•45; Ord. 03-52) 18 32 345 Fee waiver Allowed for NeAShborhood_Planninc Organizations A. Fees for land use applications and applications for appeal or "- review of a land use decision shall be waived for applications ( . filed by a neighborhood planning organization (NPO) if all of the following conditions are met: 1 The appeal or land use application must have been supported by a majority vote of NPO members at a public meeting where a quorum of NPO members was presents[.] 2. A copy of the minutes of the NP0 meeting where the appeal or land use application was initiated must be submitted with the appeal or 'land use applications[.] 3. The appeal or application will be considered valid when conditions _(1) and (2) of this section are met and all other filing requirements are met` and [.] 4. The NPO chairperson or designated representative shall appear at the next available City Council meeting after the application 'ur appeal is filed. The NPO shall work through the Planning Division to schedule , the item on a Council agenda. Should the Council deny the NPO request for a fee waiver, the WPO shall submit the required fee within three working days of the denial. The fee shall be filed by three p.m. on the third day. (Ord. 85--45) z� Ordinance No 89--_ —74-. 18.32.350 Persons Entitled to Notice on Appeal or Review: Type of Notice A. Upon appeal or review, notice shall be given to parties entitled to notice under, Sections 16.32. 130 and 18.32.240. (Ord. 84-71; Ord. 84•-61; Ord. 83-52) 18.32.360 Contents of Notice on Appeal or Review A. Notice shall include those matters provided by Section 18.32. 140. (Ord. 63-52) ?8,32,370 Action on Appeal or Review:_Time Limit and Authority to Change the Decision The approval authority shall affirm, reverse, or modify the decision which is the subject of the appeal; however, the decision shall be made in accordance with the provisions of Section 18.32.250; or B J(b)] Upon the written consent of all parties to extend the 120-day limit, 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. In deciding to remand the matter, the approval authority shall consider and make findings and conclusions regarding: 1. The prejudice to parties; f 2. The convenience or availability of evidence at the time of the initial hearing; 3. The surprise to opposing parties; 4. The date notice was given to other parties as to an attempt to admit; or 5. The competency, relevancy and materiality of the proposed testimony or other evidence. (Ord. 84-6: , Ord. 83-52) 18.32.3oaFinal Action of the Approval Authority; Effective Date a-.[(a)] Action by the approval authority on appeal or review shall be known as a final order which shall be effectis,-- on the day of mailing notice of the final order. ft..[(b)] Within 10 days of the filing of the final order of Council, the Director shall give notice of the final order to all parties to the proceeding, informing them of the date of filing, the decision rendered, and where a copy may be found. (Ord. 84-69; Ord, 84-61; Ord. 83-52) Pl- Ordinance No. 89- -75- 18.32.390 Revocation of Approvals The hearings authority may, after- a hearing conducted pursuant tf to this chapter, modify or revoke any approval granted pursuant to this chapter for any of the following reasons: 1. A material misrepre3�,ntat-ion or mistake of fact made by the applicant in the application or in testimony and evidence submitted, whether such misrepresentation be [is] intentional or unintentional; [or] 2. A failure to comply with the terms and conditions of approval; [or] 3. A failure to use the premises in accordance with the terms of the approval; or 4. A material misrepresentation or mistake of fact or policy by the City in the written or oral report regarding the matter whether such misrepresentation be (is] intentional or unintentional. B. In the case of a decision made by the Director, the hearing on whether to modify or revoke an approval shall be held by the [planning] Commission. C. [(c)] A petition for review may be filed in the same manner as r provided by subsection 18.32.310.8. (Ord. 83-52) f i 4 Ordinance No. 89- -75 Chapter 16.40 ADMINISi'RATION Sections: 18.40.010 Classificat;on of Zones 18.40.020 Zoning District Map 18.40.030 Determination of Zoning Boundaries 18,40.040 Residential Density Transition 18.40.010 Classification of Zones L. All areas within the corporate limits of the City of Tigard are divided into -zoning districts, The use of each tract and ownership of land within the corporate limits is limited to those uses permitted by the zoning classification apPlicable to each such tract as designated in the following table. The zoning districts within I the City of Tigard are hereby classified and designated as follows: f i Dwelling Minimum Units Per lot Size in Zoning District Mats Sjmbol Net Acre Square Feet low Density Single—family residential—detached R-1 Single—family residential detached R-2 1 2 30,000 Single—family residential detached R-3,5 1.7 20,000 ' Single—family residential detached R-4.5 3.5 10,000 4.5 7,500 M::dium Density Single—family residential--- detached/attached R-7• 7/12 5,000/3,050 € Multiple-family residential R-12 12 3,050 ,- Medium high Density Multiple—family residential R-25 25 1,742 Nigh Density Multiple—family residential R-40 40 none Commercial r Neighborhood commercial C—N General commercial5,000 Professional administrative `—G none office C—P 5,000 t t E i Ordinance No, 89— -77— r a Dwelling Minimum Units Per Lot Size in Zoning District Map Symbol Net Acre Square Feet Central Business District Central business district CBD none Industrial Industrial park I—P none Light industrial I--L none Heavy industrial I—H none Overlay Zones Planned development PD Historic district HD Sensitive lands SL Established areas RE, CE, IE Developing areas RD, CD, ID (Ord. 84-46; Or=d. e3-5?) 18.40.020 Zoning District Map A.[(a)] The boundaries of each of the foregoing districts listed in the table in Section 18.40.010 and the zoning classification and use of each tract in each of said zoning districts is prescribed to coincide with the identifying zone classifications shown on the map entitled "Tigard Zoning District Map," dated with the effective date of this title [code] and signed by the Mayor and City Recorder and referred to as the "zoning district map" and the map by this reference is made a part of this title [code]. A certified print of the adopted zoning district map or map amendments shall be maintained in the office of the Planning Division [department] as long as the code remains in effect. Each lot, tract, and parcel of land or portion thereof within the zone boundaries as designated and marked on the zoning map, is classified, zoned and limited to the uses as hereinafter specified and defined for the applicable zone classification. .[(c)] Amendments to the City zoning district map may be made in accordance with the provisions of Chapters 18.30 and 18.32. 1. Copies of all map amendments "shall be dated with the effective date of the document adopting the map amendment and shall be maintained without change, together with the adopting 'documents, on file in the Planning Division [department. ]a„ar ' 2. The Director shall maintain in the office and available for public inspection an up—to-date copy of the City zoning district map to be revised so that it accurately portrays changes of zone boundaries" t } Ordinance No. '83- —78— D.[(d)] The Director shall maintain on a set of zoning district maps, an index indicating the case number, type of action and location of actions taken under this title [code]. (Ord. 83-52) 18.40.030 Determination of Zoning Boundaries A.[(a)] Where due to the scale, lack of scale, lack of detail or illegibility of the City zoning district map or due to any other reason, there is uncertainty, contradiction or conflict as to the intended location of district boundary lines, the boundary lines shall be determined by the Director in accordance with the following standards: 1. Boundaries indicated as approximately following the centerlines of streets, highways, railroad tracks or alleys shall be construed to follow such centerlines; 2. Boundaries indicated as approximately following platted lot lines shall be construed as following such lot lines; 3. Boundaries indicated as approximately following City limits shall be construed as following City limits; 4. Boundaries indicated as approximately following river, stream and/or drainage channels shall be construed as following river, stream and/or drainage channels and 5. Whenever any street is lawfully vacated, and when the .lands ( within the boundaries thereof attach to and become a part of lands adjoining such street, the lands formerly within the vacated street shall automatically be [are] subject to the same zoning district designation that is applicable to lands to which the street attaches. (Ord. 83-52) 18.40.040 Residential Density Transition !Ll(a) Regardless of the allowed housing densities stated in Chapters 18.44 through 18.58, or in Chapters 18.80, 18.92 or 18.94, any property within 100 feet of an established area shall not be developed at a residential. housing density greater than 125 percent of the allowed density in the adjacent established area(s). For purposes of this limitation only, the allowed density is as; specified in the comprehensive plan land use designation, not a3 in the zoning district. For example, the property within+ 100 feet of an established low density residential area (one to five dwellings per acre) shall not be developed at residential densities greater than 6.25 dwellings per acre (6.25 = 5 x 1.25). P RJ(b)] Subsection A of this section shall not apply with regard to established areas than are separated from the proposed housing development by a major collector road or by an arterial road. Ordinance No. 99—_ -79— qj(c)] Subsection A of this section shall not apply where the actual density in the abutting established area exceeds the maximum density allowed under the land use plan map designation for the established area. 'rhe density transition still will not exceed 125 percent of the actual existing abutting established area density. (Ord. 84-61; Ord, 83--52) Ordinance leo. 89- —80— t Chapter 48.42 ` USE CLASSIFICATIONS Sections: i t 18.42.010 Purpose 18.42.020 Listing of Use Classifications r t 18.42.010 Purpose i A. The purpose of this chapter is to classify uses into a limited number of use types on the basis of common functional, product } or compatibility characteristics; thereby providing a basis for the regulation of uses in accordance with criteria which are E directly relevant to the public interest. (Ord. 83-52) 18.42.020 Listing of Use Classifications A.[(a)] Residential Use Types: G Residential use types include the occupancy of living accommodations on a wholly or primarily nontransient basis: 1. Single—Family Detached Residential Units: One dwelling unit, freestanding and strLecturally separated from other dwelling units or buildings, located on a lot; f 2. Duplex Residential Units: 6 Y Two dwelling units placed so that some structural parts are in common and are located on a single lot or development site; 4 3. Single--Family Attached Residential Units: Dwelling units attached side by side but on separate lots with some structural parts in common at a common property line; 4. Multiple—Family Residential Units: A structure containing at least three dwelling units in any vertical or horizontal arrangement located on a single lot; s, t<, 5. Group Residential: i Refers to the residential occupancy of living units by groups of more than five persons who are not related by blood, marriage or adoption, and where communal � kitchen/dining facilities are provided. Typical uses include occupancy of retirement homes, boarding !souses, � cooperatives and halfway houses, but excluding " .group care facilities as specified in Subsection [subdivision) 6 of this sec�ift [subsection; j Ordinance No. 89-- --.81-- t . 6. Group Care Residential: Refers to services provided in facilities authorized, certified or licensed by the state to and care to six or more provide board, room, disordered, mentally retarded, handica bled, mentally ped per , dependents or neglected children, but excluding thosesonsuses classified under hospitals. Typical uses include intermediate care facilities and institutions for the mentally retarded and physically handicapped; f 7. Residential Care Facility: t e A residence of five or fewer mentally or physically handicapped with staff (need not be related); F 8, Children's Day Care: [' Refers to services or facilities authorized, certified or licensed by the state for children's day care of 12 [six] or more children at any one time for a period not to exceed 12 hours per day with or without compensation. Subsection [subdivision] 11 of this section [subsection];See t 9. Mobile Home; Refers to a structure transportable in one or more sections, each built on a permanent chassis and which is designed to be used for residential dwelling; permanent occupancy as a 10, Manufactured Home: Y, Refers to a factory—fabricated transportable building which meets the Uniform Building Code which is incorporated with similar structures or units at a buildingsite and a dwelling unit; used as li. Babysitting Service: i Refers to day care services for children if the compensation therefor is paid directly by the � legal parent or k' guardian or if the service is provided without any � compensation in either the home of the parent or � or the home of th.. �_,_ guardian e �c►ysitter. A babysitting service g" provides for.care for not more than six [five] children for eight or more hours in a 24—hour period and the service may � be provided for not more than four other f children for not more than three consecutive hours— in a 24—hour a p%riod. NO more than 1 total of 10 [nine] children .including the babysitter's children can be et at any one time. Variation frciu the above constitutessanday care facility. See Subsgetie.: [subdivision] 8of [subaectioh]; this section 1 Ordinance No. 83-- -82-• may, B.[(b)I Civic Use Types: Refers to utility, educational, recreational, cultural, protective, governmental, and other uses which are public or quasi—public in nature: i E 1. Public Administrative Agency: Refers to public service providers, recordkeeping, clerical, or public contact services that deal directly with the citizen, together with incidental storage and maintenance of necessary vehicles, and excludes commercial use type, professional and administrative services. Typical use types are associated with governmental offices; s 2. Community Recreation: Refers to recreational, social, or multipurpose uses t typically associated with parks, playfields, golf courses, or ^ommunity recreation buildings; 3. Cultural Exhibits and Library Services: Refers to museums, exhibition of objects in one or more of the arts and sciences, gallery exhibition of works of art, or library collections of books, manuscripts, etc. , for study and reading; 4. Public Support Facilities: Refers to services which are necessary to support uses allowed outright in the underlying zone and involves only minor structures such as power lines and poles, phone booths, and fire hydrants as well as bus stops, benches, and mailboxes which are necessary to support the principal development; a. Hospitals: Refers to an institution where the ill or injured may receive medical, surgical, or psychiatric treatment as well as nursing care, food, and lodging during their stay; 6. Lodge, Fraternal, and Civic Assembly: Refers to meetings and activities primarily conducted for the members of a particular group. Excluded from this use type are uses classified as group residential. group care and transient lodging (all types). Typical uses include meeting places for civic clubs, lodges, or fraternal or veterans organizations; Ordinance No. 80— -03— V _1 7. Utilities: Refers to services and utilities which have a substantial visual impact on an area. Typical places or uses are 4 sanitary landfills, airports, detention and correction institutions, mass transit waiting stations or turnarounds, electrical and gas distribution substations, radio microwave, telephone transmitters, and cable TSF receivers and transmitters; 8. Parking Facilities: i Refers to parking services involving garages and lots, G excluding required parking lots within the same lot of a particular development or use; 9. Postal Services: Refers to mailing services and proces>t ,g as traditionally operated or leased by the United States Postal Service, United Parcel Service and other posted services; 10. Public Safety Facilities: , Refers to the providing of protection by a district or entity pursuant to fire, life, and safety code sections (; together with the incidental storage and maintenance of f necessary vehicles. Typical uses include fire stations, ' police stations, and ambulance services; q 11. Religious Assembly: Refers to religious services involving public assembly such as customarily occurs in synagogues, temples, and churches; 4 i ' 12, Schools: Refers to a public, private or parochial place or institution for teaching or learning. Typical uses include nursery, elementary, junior and senior high schools and related uses; excluding trade and business schools and colleges. k C-C(C)3 Commercial Use 'types: Commercial use types include the distribution: and sale or rental of goods and the provision of services other than those classified as civic uses: r a_. Ordinance No. gg.. 1. Adult Entertainment: Refers to establishments or places of business which are engaged in the provision ' of books, magazines, or other material distinguished or characterized by an emphasis on matters depicting specified sexual activities or specified anatomical areas as defines! in Section 18.26.030. Typical uses include adult bookstores, adult motion picture theaters, and topless, bottomless, or nude dance halls; 2. Agricultural: Refers to the sale from the premises of feed, grain, fertilizers, pesticides, and similar goods. Typical uses include nurseries, hay, feed, and grain stores; 3. Agricultural Horticulture Services: Refers to establishments or places of business engaged in the provision of agriculturally related services with incidental storage on lots other than where the service is rendered; 4. Amusement Enterprise: Refers to establishments or places primarily engaged in the provision of entertainment or recreation which require less personal physical activity than those uses included in indoor participant sports and recreation. Typical uses include billiard parlors, bowling alleys, arcades and electronic game room facilities, or movie theaters; S. Animal Sales and Services: Refers to establishments or places of business primarily engaged in animal related sales and services. The following are animal sales and services use types: �. [A] Animal Sales and Services: Auctioning: Auctioning of livestock on a wholesale or retail basis with incidental storage of animals produced off property not exceeding a 48--hour period. Typical uses include animal auctions or livestock auction yards; b. [8] Animal Sales and Services: Grooming: Grooming of dogs, cats and similar small animals. Typical uses include dog bathing and clipping salons or pet grooming shops; Ordinance No 89— —85- c. CC] Animal Sales and Services: Kennels: Kennel services for dogs, cats, and similar small animals. Typical uses include boarding kennels or dog _ training centers; d. [D] Animal Sales and Services: Veterinary, Large Animals: Veterinary services for large animals. Typical uses include animal hospitals for large animals (horses, sheep) or veterinary hospitals for 'Large animals; e. [E] Animal Sales and Services: Veterinary, Small Animals: Veterinary services for small animals. Typical uses include pet clinics, dog and cat hospitals, or animal hospitals for small animals; 6. Automotive and Equipment: Refers to establishments or places of business primarily engaged in motorized, vehicle related sales or services. The following are automotive and equipment use types: [A] Automotive and Equipment: Cleaning: Washing and polishing of automobiles. Typical uses include auto laundries or car washes; b. [S] Automotive and Equipment: Fleet Storage: Fleet storage of vehicles used regularly in business operation and not available for sale or long term storage of operating vehicles. Typical uses include taxi fleet, mobile catering truck storage, or auto storage garages; e. [C] Automotive and Equipment: Repairs, Heavy Equipment: Repair of trucks, etc. , as well as the sale, installation, or servicing of truck or automotive equipment and parts, together with body repairs including welding, painting, and steam cleaning. Typical uses include truck transmission shops, body shops, or motor freight maintenance groups; d. [D] Automotive and Equipment: Repairs, Light Equipment: Repair of automobiles and the sale, installation, and servicing of automobile equipment and parts, automotive painting, but excluding body repairs and painting. Typical uses include muffler shops, auto or motorcycle repair garages, including welding or auto glass shops; f 1 Ordinance No. 83— —86 e. [E] Automotive and Equipment: Body Repairs, Light i — Equipment: Repair of autrepairs, and light vehicles under 10,000 t op ands gross cargo weight including body p' t welding and painting; Automotive and Equipment: Sales/Rentals, Farm f. [F] ; Equipment: Sale, retail or wholesale and/or rental from the premises of farm equipment together with incidental maintenance. Typical uses include farm equipment dealers; ` [G] Automotive and Equipment: Sales/Rentals, Heavy Equipment: l' Sale, retailheavy, or wholesale and/or rental truc from the and premises of construction equipment, ith incidental maintenance, aircraft together w Typical uses inclon e e uipment dealers dealers.boao� dtractor heavy constructs q trailers; h, [H] Automotive and Equipment: Sales/Rentals, Light Equipment: Sale. retail or wholesale and/or rental from the premises of autos, noncommercial trucks, motorcycles, motorhomes and trailers with less than 10,000 pounds gross cargo weight together with incidental maintenance. Typical uses include automobile dealers, 1 agencies, or recreational vehicle sales and car rents g rental agencies; Automotive and Equipment: Storage, Nonoperating Vehicles: Storage of nonoperating motor vehicles. Typical uses private parking include storage of p tow—aways or �. impound yards; Automotive and Equipment: Storage, Recreational Boats Vehicles and . Typical Storage of recreational vehicles and baste. personal uses include the collective storage ©f recreational vehicles or boats; a f i -87- ordinance No, 89- 7. Building Maintenance Services: r Refers to establishments primarily engaged in the provision /f of maintenance and custodial services. Typical uses '�`'",,' include janitorial, landscape maintenance, or window tt cleaning services; k 8. Business Equipment Sales and Services: Refers to establishments or places of business primarily ' engaged in the sale, rental, or repair of equipment and t supplies used by office, professional and service establishments to the firms themselves rather than to individuals, but excludes automotive, construction, and farm equipment. Typical uses include office equipment and supply firms, small business machine repair shops or hotel ' equipment and supply firms; 9. Business Support Services: Refers to establishments primarily engaged in the provision of service of a clerical, employment, protective, or minor processing nature to firms rather than individuals, and where the storage of goods other than samples is prohibited. Typical 'uses include secretarial services, � telephone answering services, or blueprint services; Y 10 Communications Services: Refers to establishments primarily engaged in the provision of broadcasting and other information relay services accomplished through the use of electronic and telephonic mechanisms but excludes those uses classified as Utilities in this title [Code]. Typical uses include television studios, telecommunication service centers, or telegraph service offices; 11. Construction Sales and Services: Refers to estab'_ishments or places of business primarily engaged in construction activities and incidental storage on lots other than construction sites, as well as the r retail or wholesale sale from the premises of materials used in the construction of buildings or other structures, other 'Chart retail sale of paint, fixtures, and hardware; but excludes those classified as one of the automotive and . heavy equipment use types Typical uses include buildings materials stores, tool and equipment rental or sales, and ti building contracting/construction offices; f, Ordinance No. 89-- —Be— ? e 4 12. Consumer Repair Services: Refers to establishments primarily engaged in the provision of repair services to individuals and households rather than firms, but excluding automotive and equipment use types. Typical uses include appliance repair shops, apparel repair firms, musical instrument repair firms, and shoe repair shops; 13. Convenience Sales and Personal Services: Refers to small, neighborhood oriented retail businesses which provide for the daily needs of nearby residents. It includes uses which are intended for neighborhood grocery stores, drugstores, laundromats, dry cleaners, barber shops, and beauty salons; 14. Eating and Drinking Establishments: Refers to establishments or places of business primarily engaged in the sale of prepared food and beverages for on—premises consumption. Typical uses include fast order food establishments with and without drive—up facilities and sit—down eating establishments, taverns, bars, and lounges; 15. Explosive Storage: Refers to the storage of any quantity of explosives in �y. accordance with ORS Chapter 480. Typical uses include storage in the course of manufacturing, selling or transporting explosives, or in the course of blasting operations; 16. Financial, Insurance and Real Estate Services: Refers to establishments primarily engaged in the provision of financial, insurance, real estate, or securities brokerage services. Typical uses include banks, savings and loans, insurance agencies, or real estate firms; 17. Food and Beverage Retail Sales: Refers to establishments or places of business primarily engaged in the retail sale of food and beverages for home consumption. Typical uses include groceries, delicatessens, or liquor stores, and excludes eating and drinking establishments; n Ordinance No. 84- RS C I 18. Funeral and Internment Services: Refers to establishments primarily engaged in the provision of services involving the care, preparation or disposition of human dead. The following are funeral and internment services use types: a. [A] Funeral and Internment Services: Cremating: Crematory services involving the purification and reduction of the human body by fire. Typical uses include crematories or crematoriums; b. [B] Funeral and Internment Services: Interning: Interning services involving the keeping of human bodies other than in cemeteries. Typical uses include columbariums or mausoleums; c. [C] Funeral and Internment Services: Undertaking: Undertaking services such as preparing the dead for burial and arranging and managing funerals. Typical uses include funeral homes or mortuaries; ai. [D] Funeral and Internment Services: Cemeteries: Cemeteries. 19. General Retail Sales: Refers to the sale or rental of commonly used goods and merchandise for personal or household use, but excludes those classified as agricultural sales, animal sales and services, automotive and equipment, business equipment r sales and services, construction sales and services, food and beverage retail sales, and vehicle fuel sales. Typical uses include department stores, apparel stores, furniture stores, pet stores, or bookstores; 20. laundry Services: Refers to establishments primarily engaged in the provision of laundering, dry cleaning, or dyeing services other than those classified as convenience sales and personal services, general. Typical uses include commercial laundry agencies, diaper services, or linen supply services, but excluding laund romats and dry cleaners; E Ordinance No. 89— —90— 21. Medical and Dental Services: Refers to establishments primarily engaged in the provision of personal health services ranging from prevention, diagnosis, and treatment, or rehabilitation services provided by physicians, dentists, nursas, and other health personnel as well as the provision of medical -testing and analysis services, but excludes those classified as any civic use or group residential/group care use types. Typical uses include medical offices, eye care offices, dental offices, and laboratories, or health maintenance organizations; 22. Participant Sports and Recreati n: Refers to establishments or places primarily engaged in the provision of sports or recreation by and for participants. Any spectators would be incidental and on a nonrecurring basis. The following are participant sports and recreation use types: a. [A] Participant Sports and Recreation: Indoor: Those uses conducted totally within an enclosed building. Typical uses include indoor tennis courts, r-acketball courts, swimming pools, or physical fitness centers; and t " b. [9] Participant Sports and Recreation: Outdoor: Those uses conducted in open facilities. Typical uses include driving ranges, miniature golf courses, tennis courts, or swimming pools; 23. Personal Service Facilities: Refers to establishments primarily engaged in the provision of informational, instructional, personal improvement, and similar services of a nonprofessional nature but excludes services classified under spectator sports and entertainment facilities, participant sports, and recreation or transient lodging. Typical uses include photography studios, driving schools, and trade schools, or reducing salons; 24. Professional and Administrative Services: Refers to offices of private firms or organizations which are primarily used for the provision of professional, executive management, or administrative offices, legal offices, architectural, or engineering firms; Ordinance No. 89--- 91 25. Research Services: Refers to establishments primarily engaged in research of an industrial or scientific nature which is generally _ provided as a service or which is conducted by and for a private firm, but excludes medical testing and analysis. Typical uses include electronics research laboratories, environmental research and development firms, or pharmaceutical research labs; 25. Scrap Operations: a. [A] Salvage: Refers to places of business primarily engaged in the storage, sale, dismantling, or other processing of used, source separated, or waste materials which are not intended for reuse in their original form. Typical uses include automotive wrecking yards, junk yards, or paper salvage yards; and o. [8] Recycling Collection Center: Refers to facilities where glass, cans, and papers or other materials are collected for the purpose of being transferred to a paper salvage or recycling facility; 23. Spectator Sports and Entertainment Facilities: Refers to establishments or places primarily engaged in the provision of cultural, entertainment, athletic, and other events to spectators. Typical uses include convention centers and sport stadiums; 28. Transient Lodging: Refers to establishments primarily engaged in the provision of lodging services on a temporary basis with incidental food, drink, and other sales and services intended for the convenience of guests. Typical uses include hotels, motels, or bed and breakfast houses; 29. Vehicle Fuel Sales; Refers to establishments or places of business primarily engaged in the retail sale from the premises of petroleum products with incidental sale of tires, batteries, and replacement items; lubricating services, and minor repair services. Typical uses include automobile service stations, filling stations, or truck stops. Ordinance No. 89— s-92-- D,[(d)] Industrial Use Types: Industrial use types include the on—site production of goods by methods not commercial, agricultural, or extractive in nature: t 1. Light Industrial: a. [A] Manufacturing of Finished Products: The manufacture of finished products from previously prepared materials (excluding raw materials); b. [a] Packaging and Processing: (i) Refers to the production, processing, assembling, packaging, or treatment of products from previously processed materials; or (ii) Production, processing, assembling, and packaging of finished products from previously prepared materials. c. [C] Wholesale, Storage, and Distribution: Refers to establishments or places of business primarily engaged in wholesaling, storage, distribution, and handling of materials and equipment other than live animals and plants. The following are >' wholesaling, storage, and distribution use types: (i) Wholesaling, Storage, and Distribution: Miniwarehouses: Storage and warehousing service within a building(s) primarily for individuals pto store personal effects and businesses to store materials for operation of an industrial or commercial enterprise located elsewhere: (a) Incidental uses in a miniwarehouse may include the repair and maintenance of stored materials by the tenant, but in no case may storage spaces in a miniwarehouse facility function as an independent retail, wholesale, business, or service use; aesd (b) Spaces shall not be used for workshops, hobbyshops, manufacturing, or similar uses and human occupancy of the space is limited to that required to transport, arrange, and maintain stored materials; Lj Ordinance leo. 89R —93— (ii) Wholesaling, Storage, and Distribution: Light: Wholesaling, storage, and warehousing services - within enclosed structures. Typical uses include wholesale distributors, storage warehouses, or moving and storage firms; 2. Heavy Industrial: IL [A] Manufacturing of Finished Products: Refers to the manufacturing, processing, or assembling of semifinished or finished products from raw materials; b. [8] Wholesaling, Storage, and Distribution: Heavy: Refers to opsn—air storage, distribution and handling of materials and equipment. Typical uses include monument or stone yards, or grain elevators. (Ord. 85-39; Ord. 85-22; Ord. 85-15; Ord. 84-29; Ord. 83-52) r i Ordinance No. 89— —94— Chapter 18.43 UNLISTED USE: AUTHORIZATION OF SIMILAR USE _Sections: 18.43.010 Purpose 18.43.020 Definition 18.43.030 Administration 18.43.040 Limitation 18.43.050 Approval standards 18.43.010 Purpose A.[(a)] It is not possible to contemplate all of the various uses which will be compatible within a zoning district. Therefore, unintentional omissions occur. j(b)] The purpose of these provisions is to establish a procedure for determining whether certain specific uses would have been permitted in a zoning district had they been contemplated and whether such unlisted uses are compatible with the listed uses. { (Ord. 83-52) r 18.43.020 Definition A. An unlisted use is a use which is not listed as either a use w permitted outright or a conditional use in a particular zone. (Ord. 83-52) F 18.43.030 Administration G A. The Director shall maintain a list by zoning district of approved unlisted uses and the list shall have the same effect € as an amendment to the use provisions of the applicable zone. (Ord. 83-52) 18.43.040 Limitation The Director shall not authorize an unlisted use in a zoning district if the use is specifically listed in another zone as either a permitted use or a conditional use. j(b)] The decision of the Director may be appealed in accordance with Subsection 18.32.29O.A. (Ord. 83-52) F 1.8.43.050 Approval Standards A. Approval or denial of an unlisted use application by the Director shall be based on findings that: F ordinance No, 89- —95— 1 4 1. The use is consistent with the comprehensive plan; 2. The use is consistent with the intent rind purpose of the applicable zoning district; 3. The use is similar to and of the same general type as the uses listed in the zoning district; A. The use has similar intrinsity, density, and off—site impacts as the uses listed in the zoning district; and 5. The use has similar impacts on the community facilities as the listed uses. (Ord. 83-52) r i i i F I; E I i e r f I' E t ' E t , _96— Ordinance No. 89- j Chapter 18.44 i R-1: SINGLE—FAMILY RESIDENTIAL (30,000 SQUARE FEET) 1 t Sections• 18.44.010 Purpose 18.44.020 Procedures and Approval Process 18.44.030 Permitted Uses 18.44.040 Conditional Uses (See Chapter 18.130) 18.44.050 Dimensional Requirements 18.44.060 Additional Requirements 18.44.010 Purpose !. A. The purpose .if the R-1 zoning district is to preserve areas developed with lots of 30,000 square feet or greater. (Ord. 83-52) k t 18 44 020 Procedures and Approval Process A.[(a)] A use permitted outright, Section 18.44.030, is a use which requires no approval under the provisions of this tide [code]. If a use is not listed as a use permitted outright, it may be held to be a similar unlisted use under the provisions of Chapter 18.43, Unlisted Use. h J,[(b)] A conditional use, Section 18.44.040, is a use the approval of which is discretionary with the Hearings Officer. The approval process and criteria for approval are set forth in Chapter 18.130, Conditional Use. If a use is not listed as a conditional use, it may be neld to be a similar unlisted use under the provisions of Chapter 18.43, Unlisted Use. (Ord. 83-52) 18.44.030 Permitted Uses A. Permitted uses in the R-1 district are [is] as follows: 1. Single—family detached residential dwelling units; 2. Public support facilities; 3. Residential homes; 4. Farming; or 5 Manufactured Humes (Ord. 85-15; Ord. 94-69; Ord. 83-52) 18 44 040 Conditional Uses (See Chapter 18.130) Ordinance No. 99- k't Conditional uses in the R-1 district are [is] as fellows; .� 1. Children's dAy care; 2. Community recreation including structures; G 3 Croup care residential; 4. utilities; 5, public safety facilities; f 6. Schools and related facilities; } 7, Religious assembly; cam^ 8. Accessory dwelling unit. (Ord. 83-52) 18.44.050 Dimensional Re uirements A Dimensional requirements in the R-1 district are as follows: Dimensional 1. The minimum lot area shall not be less than feet; minimum lot width shall not be less than 100 2. The average feet; as otherwise provided in Chapter 18.96 and Section 3. Exceptthe minimum setback requirements are as follows; 18.100.130, s_ CAS The front yard setback shall be a minimum of 30 feet; m of 20 On corner and through lots the minimum setback or a street shall of Chapter�n18�102 must each side facan the provision feet; however, be satisfied; C. CC7 The side yard setback shall be a minimum of five feet; um of 25 feet, d. [D3 The rear yard setback shall be a minim The distance between the property line and the front of the garage shall be aminimum 4f 20 feet; Except �s otherwise provided in Chapter 18.98, no building in height' 4. ict shall exceed 30 feet Ex in an R-1 zoning district (Ord. 85-32; Ord. 83-52) L"IP -�9g- Ordinanceo. 89-- i 16 44 060 Additional Requirements � A. Additional requirements in the R-1 district are as follows: 1. Off—street parking and loading, Chaster 18.106; i 2. Access, Egress, and Circulation, Chapter 18.108; 3. landscaping and screening, Chapter 18.100; 4. Signs, Chapter 18.114; t 5. Nonconforming situations, Chapter 18.132; 4 6. Accessory structures, Chapter 28.144; E 7. Home occupations, Chapter 18.142; t 8. Temporary uses, Chapter 18. 140; l 9. Sensitive lands, Chapter 18.84; arsci 4. 10. Residential density transition, Section 18.40.040. (Ord. 84-29; Ord. 83--52) 4 f f 1 k _99— Ordinance No. 89-- .: Chapter -18.46 R-2: SINGLE—FAMILY RESIDENTIAL (20.000 SQUARE FEET) Sections: 18.46.010 Purpose 18.46.020 Procedures and Approval Process 18.46.030 Permitted Uses 18.46.040 Conditional Uses (See Chapter 18. 130) 18.46.050 Dimensional Requirements 18.46.060 Additional Requirements 18.46.010 Purpose A. The purpose of the R-2 zoning district is to preserve areas developed with lots of at least 20,000 square feet and to provide for large lot development. (Ord. 83-52) 18 46 020 Procedures and Approval Process A use permitted outright, Section 18.46.030, is a use which requires no approval under the provisions of this title [code]. If a use is not listed as a use permitted outright, it may be held to be a similar unlisted use under the provisions of f chapter 18.43, Unlisted Use. §.[(b)] A conditional use, Section 18.46.040, is a use the approval of which is discretionary with the Hearings Officer. The approval process and criteria for approval are set forth in Chapter 18.130, Conditional Use. If a use is not listed as a conditional use, it may be held to be a similar unlisted use under the provisions of Chapter 18.43, Unlisted Use. (Ord. 83-52) 18.45.030 Permitted Uses A. Permitted uses in the R-2 district are [is] as fol3bws: 1. Single—family detached residential units, one dwelling per lot: 2. Public support facilities; 3. Residential care facilities; 4. Farming; 2r 5. Manufactured Homes. (Ord. 65-15; Ord. 84-69; Ord. 83--52) ' Ordinance No. 89 -100® 18.46.040 Conditional Uses (See Chapter 18.130) A. Conditional uses in the R-2 district are [is] as follows: 1. : Cori ldr err's day car n; 2. Community recreation including structures; 3. Group care residential; 4. Utilities; 5. Public safety facilities; 6. Schools and related facilities; 7. Religious assembly; or 8. Accessory dwelling unit. (Ord. 83-52) 18.46.050 Dimensional Requirements A. Dimensional requirements in the R-2 district are as follows: 1. The minimum lot area shall not be less than 20,000 square feet; 2. The average minimum lot width shall not be less than 100 feet; 3. Except as otherwise provided in Chapter 18.96 and Section 18.100.130, the minimum setback requirements are as follows: a. [A] The front yard setback shall be a minimum of 30 feet; Is. [8] On corner and through lots the minimum setback for each side facing a street shall be a minimum of 20 feet; however, the provisions of 18.102 must also be satisfied; �. [C] The side yard setback shall be a minimum of five feet; d. [D] The rear yard setback shall be a minimum of 25 Feet; and SL [E] The distance between the property line and the front of the garage shall be a minimum of 20 feet; 4. Except as otherwise provided in Chapter 18.98, Building Height Limitations, no building in an R-2 zoning district shall exceed 30 feet in height. (Ord. 85--32; Ord. 83-52. ) Ordinance No. 89-- 10f-a 18 46 060 Additional Requirements A. Additional requirements in the R--2 district are as follows: ■ 1. Off—street Park-Mg and loading, Chapter 16.106; 2. Access, Egress, and Circulation, Chapter 18.108; 3. Landscaping and screening, Chapter 18.100; 4. Signs, Chapter 18.114; 5. Nonconforming situations, Chapter 18.132; i 6. Accessory structures, Chapter 18.144; i r 7. Home occupations, Chapter 18.142; t 8. Temporary uses, Chapter 18.140; I 9. Sensitive lands, Chapter 18.84; and 10. Residential density transition, Section 18,40.040. (Ord. 84-29; Ord. 83-52) t } r l k t -: t i Ordinance No. 89- --102-- E Chapter 18.48 R-3.5: SINGLE--FAMILY RESIDENTIAL „ L10,000 aRvrnRc FEET) Sections: 18.48.010 Purpose 18.48.020 Procedures and Approval Process 18.48.030 Permitted Uses 18.48.040 Conditional Uses (See Chapter 18.130) 18.48.050 Dimensional Requirements 18.48.060 Additional Requirements 18.48.010 Purpose A. The purpose of the R-3.5 zoning district is to establish large urban residential home sites. (Ord. 83-52) 18.48.020 Procedures and Approval Process A use permitted outright, Section 18.48.030, is a use which requires no approval under the provisions of this title [code]. If a use is not listed as a use permitted outright, it .may be held to be a similar unlisted use under the provisions of Chapter 18.43, Unlisted Use. Rif(b)I A conditional use, Section 18.48.040, is a use the approval of which is discretionary with the Hearings Officer. The approval process and criteria for approval are set forth in Chapter 18.130, Conditional Use. If a use is not listed as a conditional use, it may be held to be a similar unlisted use under the provisions of Chapter 18.43, Unlisted Use. (Ord. 83-52) 18:48.030 Permitted Uses A. Permitted uses in the R-3.5 district are [is] as follows: 1. single—family detached; 2. Public support facilities; 3. Residential c&re facilities; 4. Farming; sd 5. Manufactured Horses. (Ord. 85-15; Ord. 84-69; Ord. 83-5I) F x Ordi;,a.nca No 99_ —103- .. ........... . 18.48.040 Conditional Uses (See Chapter 18.130) t A. Conditional uses in the R-3.5 district are [is] as follows: 1. Children's day care; 2. Community recreation including structures; 3. Group care residential; 4. Cultural exhibits and library services; 5. Duplex residential units; 6. Funeral and internment services: interning and cemeteries; f t a 7. Hospitals; l 8. Utilities; r 9. Mobile home parks and subdivisions, Chapter 18.94; i 10. Public safety facilities; ' E 11. Religious assembly; 12. Schools and related facilities; aril j 13. Accessory dwelling units (Ord. 83-52) s 18.48.050 Dimensional Regirements t A. Dimensional requirements in the R-3.5 district are as follows: } 1. The minimum lot area shall not be less than 10,000 square feet, F t 2. The average minimum lot width shall not be less than 65 feet; 3 Except as otherwise provided in Chapter 18.96 and Section 18.100.130, the minimum setback requirements are as follows: �. [A] The front yard setback shall be a minimum of 20 feet; E ; E b< [8] On corner and through lots, the minimum setback for^ `: each side facing a street shall be a minimum of 20 feet; however, the provisions o` 18. 102 must also be satisfied; c, C The side yard setback shall be a minimum of five feet; �,,.�� ,.� ���►° �' �,.�;�-� /.t„v�� �I? �Ddb, Ordinance No.; 89-�,._.. -104- d. ED] The rear' yard setback shall be a minimum of 15 feet; and e. [E] The distance between the property line and the front of the garage shall be a minimum of 20 feet; ® j 4. Except as otherwise provided in Chapter 18.98, no building in an R-3.5 zoning district shall exceed 30 feet in height. (Ord. 85-32; Ord, 83-52) 18.48.060 Additional Requirements A. Additional requirements in the R-3.5 district are as follows: 1. . Off-street parking and loading, Chapter 18.106; 2. Access, Egress, and Circulation, Chapter 18.108; 3. Landscaping and screening, Chapter 18.100; 4. Signs, Chapter 18.114; 5. Nonconforming situations, Chapter 18. 132; 6. Accessory structures, Chapter 18.144; 7. dome occupations, Chapter 18.142; �r 8. Temporary use, Chapter 18.140; 9. Sensitive lands, Chapter 18.84; and 10. Residential density transition, Section 18.40.040. (Ord. 83-29; Ord. 83-52) E-: Y.. .r 4_ Ordinance No. 89- -105- Chapter^ 18.50 R-4.5: SINGLE—FAMILY RESIDENTIAL f7,500 SQUARE FEET (5,400 $QUARE FEET PER U.17T) .Sections: 18.50.010 Purpose 18.50.020 Procedures and Approval Process 18.50.030 Permitted Uses 18,50,040 Conditional Uses (See Chapter 18.130) t 18.50,050 Dimensional Requirements l Requirements 18.50.060 Additiona €; i s 18-50-010 Purpose f F A. The purpose of the R-4.5 zoning district is to establish standard urban low density residential home sites. (Or+d. 83-52) 18.50.020 Procedures and A roval Process A,C(a)] A use permitted outright, Section 18,54.034, is a use which requires no approval under the provisions of this title [code]. If a use is not listed as a use permitted outright, it may be held to be a similar unlisted use under the provisions of Chapter 18.43, Unlisted Use. .[(b)3 A conditional use, section 18.50.044, is a use the approval of which is discretionary with the Hearings Officer. The approval � process and criteria for approval are set forth in Chapter 4 18.130, Conditional Use. if a use is not listed as a s conditional use, it may be held to be a similar unlisted use of Chapter 28.43, Unlisted Use. under the provisions (Ord. 83-52) 18.50.030 Permitted_uses A. Permitted uses in the R-4.5 district are [is] as follows: 1. Single-family detached residential units; 2. Public supF,ar't facilities; �. 3. Resiaen4xa., care facilities; t l P 4. Farming; F 5. Manufactured homes, (Ord. 85-15; Ord. 84-69: Ord. 83-52) :V7 -.106-- . 0rd Wance NO. 89- �It Conditional Uses�eQ Chan ter 18.130 18.50.040 R-4.5 district are [is] as follows: A. Conditional usessn the 1. Children's day care; ® ` 2 Community recreation including structures; r 3, Cultural exhibits and library services; !` t 4, Group care residential; i e P 5, Mobile home parks and subdivisions; , F r 6. Duplex residential units; f{{ 7. Single—family attached residential units; I internment services: interning and cemeteries; 8. Funeral and 9. Hospitals; 10, Utilities; 11, public safety facilities; 12. Religious assembly; 13. Schools and related facilities; and 83-29: Ord. 83-52) 4 14, Accessory dwelling units. (Ord. 16.50.050 oimonsiohal uirements ict are as follows: Dimensional requirements in the R-4.5 distr A. 1, The minimum lot area shall be: [A] 7,500 square feet for each detached unit; and b, [g7 10,000 square fee:: for duplex/ 2. The average minimum lot width shall be: a. [A] 50 feet for detached units; and b. [a] h duplex lot; 9D feet for each in Ch apter and Section 3. Except as otherwise provideedck set requirements area follows 18.100.130, the minimum �A] The front yard setback shall be a minimum of 20 feet; F 1 _107— ordinance NO. 89 On corner and through lots the minimum setback for each side facing a street shall be a minimum of 15 s feet; however, the provisions of Chapter 18.102 must t be satisfied; c [C] The side yard set"ck shall be a minimum of five feet; i SL [p] The rear yard setback shall be a minimum of 15 feet; and f The distance between the property line and the front t e.. CEJ i of the garage shall be a minimum of 20 feet; 4. Except as otherwise providedcts Chs shall exceed / building 30 feet in ► in an R-4.5 zoning dis tr height. (Ord. 85-32; Ord. 83-52) - f 18.50.060 Additional Requirements A Additional requirements in the R-4.5 district A. are as follows: 1. Off—street parking and loading, Chapter 18.106; 2. Access, Egress, and Circulation, Chapter 18.108; screening, Chapter 18.100; 3, Landscaping and 4. Signs, Chapter 18.114; 5. Nonconforming situations, Chapter 18.132; 6 Accessory structures, Chapter 18.144; 7. Nome occupations, Chapter 18.142; 8. Temporary uses, Chapter 18.140; 9. Sensitive lands, Chapter 18.84; 10. Residential density transition, Section 18.40.040; and 11. Zero lot line setback standards, Chapter 18.148. (Ord. 84-29; Ord. 83-52 l Ordinance No. 89 e� Chapter 18.52 R-7: SINGLE—FAMILY RESIDENTIAL (5,000 SQUARE FEET DETACHED PER UNIT) ( ,. (5,000 SQUARE FEET ATTACHED PER UNIT) Sections: 18.52.010 Purpose I 18.52.020 Procedures and Approval Process 18.52.030 Permitted Uses #. 18.52.040 Conditional Uses (See Chapter 18.130) 18.52.050 Dimensional Requirements 18.52.060 Additional Requirements i 18.52.010 Purpose A. The purpose of the R-7 zoning district is to establish sites for single—family detached and attached units for medium density residential developments. (Ord. 83-52) 18.52.020 Procedures and Ac�roval Process A.[(a)] A use permitted outright, Section 18.52.030, is a use which requires no approval under the provisions of this title [code]. ! If a use is not listed as a use permitted outright, it may be held to be a similar unlisted use under *-%e provisions of f; Chapter 18,43, Unlisted Use. ; i ; EEO)] A conditional use, Section 18.52.040, is a use the approval of which is discretionary with the Hearings Officer. The approval process anO criteria for approval are set forth in Chapter 18.130, Conditional Use. If a use is not listed as a F conditional use, it may be held to be a similar unlisted use under the provisions of Chapter 18.43, Unlisted Use. (Ord. 83-52) 18.52.030 Permitted Uses A. Permitted uses in the R-7 district are [is] as follows: a 1. Single—family detached residential units, at one dwelling per lot; 2. Single--family attached residential units, at one dwelling per lot with no more than 5 attached units in one grouping; 3. Duplex residential units; 4. Public support facilities; c-: 5. Mobile home parks and subdivisions, Chapter. 18.94: 6. Residential care facilities, Ordinance No. 89-- -logs {{K , 7. Farming; and 8, Manufactured homes. (Ord. 85-15; Ord. 84-69; Ord. 83-52) 18.52.040Conditional Uses (See Chapter 18.130) E4. Conditional uses in the R-7 district are [is] as follows: 1. Children's day care; 2. Community recreation including structures; 3. Cultural exhibits and library services; 4. Group care residential; 5. Funeral and internment services: interning and cemeteries; 6. Hospitals; 7. Utilities; S. Public safety facilities; 9. Religious assembly; 10. Schools and related facilities; and {� 11. Accessory dwelling units. (Ord. 83-52) 18.52.050 Dimensional Requirements A. Dimensional requirements in the R-7 district are as follows: 1. The minimum lot area shall be: a. [A] 5,000 square feet for each detached unit; (0 L)OD IL [8] 5,000 quare feet for duplex units .and [C] 5,000 square feet for each attached unit; 2..` The average minimum lot width shall be: b. [A] 50 feet for detached unit lasts; and b. [81 40 feet for attached unit lots; 3. The maximum lot coverage shall be 80 pt-rcent including all buildings and impervious surfaces; 4. Except as otherwise provided in Chapter 18.96 and Section 18.100.130, the minimum setback requirements are as follows: f . Ordinancm No. 89 110-- { a. [A] The front yard setback shall be a minimum of 15 feet; b. [B] On corner and through lots the minimum setback for each side facing a street shall be 10 feet; however, the provisions of Chapter 18.102 must be satisfied; c. [C] The side y :rd setback shall be a minimum of five feet except this provision shall not apply to attached units on the lot line on which the units are attached; d, [D] The rear yard setback shall be a minimum of 15 'eet; e. [E] Where the side yard or rear yard of single-family attached residential dwellings abut a more restrictive zoning district, such setbacks shall not be less than 30 feet; and ¢, [F] The distance between the property line and the front of the garage shall be a minimum of 20 feet; 5. Except as otherwise .rovided in Chapter 18.98, no building in an R-7 zoning district shall exceed 35 feet in height; and 6. The minimum landscape requirement shall be 20 percent. (Ord. 85-32; Ord. 84-29; Ord. 83-52) 18.52.060 Additional Requirements A. Additional requirements in the R-7 district are as follows: 1. Off-street parking and loading, Chapter 18.106; 2. Access, Egress, and Circulation, Chapter 18. 108; 3. Landscaping and screening, Chapter 18.100; 4. Signs, Chapter 18.114; 5. Nonconforming situations, Chapter 18.132; 6. Accessory structures, Chapter 18.144; 7. Nome occupations, Chapter 18.142; 8. Temporary use, Chapter 18.147; 9. Sensitive lands, Chapter 13.84, 10. Residential density transition, section 18.40.040; Ind 11. Zero lot lane setback standards, Chapter 18.148. (Ord. 84-29; Ord. 83--52) 4 , 4: Ordinance No< 89- -111- Chapter 18.54 R-12: MULTIPLE-FAMILY RESIDENTIAL ' (12 UNITS PER ACRE) Sections: 18.54.010 Purpose 18.54.020 Procedures and Approval Process 18.54.030 Permitted Uses 18.54.040 Conditional Uses (See Chapter 18. 130) 18.54.050 Dimensional Requirements 18.54.060 Additional Requirements 18.54.010 Purpose A. The purpose of the R-12 zoning district is to provide for single-family attached and multiple-family residential units for medium density residential development. (Ord. 83-52) 18.54.020 Procedures and Approval Process A.[(a)] A use permitted outright, Section 18.54.030, is a use which requires no approval under the provisions of this title [code]. If a use is not listed as a use permitted outright, it may be held to be a similar unlisted use under the provisions of Chapter 18.43, Unlisted Use. A condi'.-ional use, Section 18.54.040, is a use the approval of which is discretionary with the Hearings Officer. The approval process and criteria for approval are set forth in Chapter 18.130, Conditional Use. If a use is not listed as a conditional use, it may be held to be a similar unlisted use under the provisions of Chapter 18.43, Unlisted Use. (Ord. 83-52) 18.54.030 Permitted Uses A. Permitted uses in the R-12 district are [is] as follows: 1. Single-family detached residential units; 2. Duplex residential units; 3. Single-family attached residential units; 4. Multiple-family dwellings residential units; 5. Group care residential; 6. Mobile home parks and subdivisions; E 7. Public support services; Ordinance No. 83- �-112- 8. Residential care facilities; and 9. Manufactured homes. (Ord. 85-15; Ord. 83-52) 18.54.040 Conditional Uses (See Chapter 18.1301 A. Conditional uses in the R-12 district are [is] as follows: 1, Community recreation, including structures; 2. Religious assembly; 3. Schools and related facilities; 4. Utilities; 5. Group residential; 6. Parking facilities; 7. Hospitals; 8. Lodge, fraternal, and civic assembly; aced 9. Children's day care. (Ord. 87-03; Ord. 83-52) 18.54.050 Dimensional Reauirements A. Dimensional requirements in the R-12 district are as follows: 1. The minimum lot size shall not be less than 3,050 square feet per unit; 2. There is no minimum lot width requirement; and 3. Except as otherwise provided in Chapter 18.96 and Section 18.100.130, the minimum setback requirements are as follows: A. [A] For multiple-family dwellings the front yard setback shall be a minimum of 20 feet. For single-family dwellings the front yard shall be a minimum of 15 feet; IL. [B] For multiple-family dwelling units on corner and through lots, the minimum setback for each side facing a street shall be 20 feet; however, the provisions of Chapter 18.102 must be satisfied. For single-family dwelling units the minimum setback for each side facing a street shall be 10 feet; however, the provisions of Chapter 18.102 must be satisfied; Ordinance.No. 89- -113- S. [C] For multiple-family dweiiings the side yard setback shall be a minimum of 10 feet. For single-family dwellings the side yard setback shall be five feet except this shall not apply to attached units on the lot line on which the units are attached; SL [D] For multiple-family dwellings the rear yard setback shall be a minimum of 20 feet. For single-family dwellings the rear yard shall be a minimum of 15 feet; e. [E] Where the side yard or rear yard of attached, multiple-family or single-family dwellings abut a more restrictive zoning district, such setbacks shall not be less than 30 feet; and f. The distance_between the property line and the front of the garNe shall be a minimum of 20 feet 4. Except as otherwise provided in Chapter 18:98, no building in an R-12 zoning district shall exceed 35 feet in height; 5. The maximum lot coverage shall be 80 percent including all buildings and impervious surfaces; and 6. The minimum landscape requirement shall be 20 percent. (Ord. 85-32; Ord. 84-29; Ord. 83-52) f,- 15,54.060 Additional Requirements A. Additional requirements .in the R-12 district are as follows: 1. Off-street parking and loading, Chapter 18. 106; 2. Access, Egress, and Circulation, Chapter 18.108; 3. Landscaping and screening, Chapter 18.100; 4. Signs, Chapter 18.114; 5. Nonconforming situations, Chapter 18.132; 6. Accessory structures, Chapter 18.144; 7. Home occupations, Chapter 18.142; 8. Temporary use, Chapter 18.140; 9. Sensitive lands, Chapter 18.84; 10. Residential density transition, Section 18.40.040; and 11. Zero lot line setback standards, Chapter 18.148. (Ord. 84-29; Ord, 83-52) 3 Ordinance No. 89- -1i4- Chapter 18.56 R-25: MULTIPLE—FAMILY RESIDENTIAL (25 UNITS PER ACRE) Sections: 18.56.010 Purpose 18.56.020 Procedures and Approval Process 18.56.030 Permitted Uses 18.56.040 Conditional Uses (See Chapter 18. 130) 18.56.050 Dimensional Requirements 18-.56.060 Additicnal Requirements i 18.56.010 Purpose s A. The purpose of the R-25 zoning district is to provide for single—family attached and low and medium rise multiple—!family residential units for medium-high density residential s development. (Ord. 84-46; Ord. 83-52) r t. 18.56.020 Procedures and Approval Process } I: A.[(a)] A use permitted outright, Section 18.56.030, is a use which requires no approval under the provisions of this title [code]. If a use is not listed as a use permitted outright, it may be F held to be a similar unlisted use under the provisions of Chapter 18.43, Unlisted Use. f 8.[(b)] A conditional use, Section 18.56.040, is a use the approval of which is discretionary with the Hearings Officer. The approval k process and criteria for approval are set forth in Chapter � 18.130, Conditional Use. If a use is not listed as a conditional use, it may be held to be a similar unlisted use under the provisions of Chapter 18.43, Unlisted Use. (Ord. 84-46; Ord. 83-52) �- 18.56.03O Permitted Uses �. A. Permitted uses in the R-25 district are [is] as follows: � t. 1. Single—family detached residential units; 2. Duplex residential units; . e 3. Single-faemily attached residential. units; 4. Multiple-family dwellings; 5. Croup care facilities; 6. Mobile home parks and subdivisions; � Ordinance No. 09-- —115-- Say f 7. public support services; i 8. Residential care facilities; and i 4. Manufactured homes. (Ord. 85-15; Ord. 84-46; Ord. 83-52) �•^ con.if tional Uses (See Chapter 18 - .1301 p, Conditional uses in the R-25 district are [is] as follows: k 1, community recreation including structures; 2. Religious assembly; 3. Schools and related facilities; z 4. Utilities; v 5, croup residential; 6. parking facilities; C f 7. Hospitals; i B. Lodge, fraternal, and civic assembly; and 9. Children's day care. (Ord. 87-03; Ord. 84-46; Ord. 83-52) 1.8.56.050 Dimensional Requirements A. Dimensional requirements in the R-25 district are as follows: 1. The minimum lot size shall be: a. [A] For a single family-detached unit, 3,050 square feet, 4 _. b. [B] For each attached single-family unit, 3,050 square feet; �. [C] for a duplex, 6,100 square feet, or 3,050 square feet for each unit; d, [D] For a boarding, lodging or rooming house, 6',100 square € fejt; end ' ch nit 1,480 square feet; e, [E] rvr s ,h muni-fame ly 4d 2. There is no minimum lot width requirement; 3. Except as otherwise provided in Chapter 18.96 and Section 18,100.130, the minimum setback requirements are as follows: I Ordinance No 89- Q �3 F 7 a. [A] For multi-family dwellings the front yard setback shall be a minimum of 20 feet. For single-family dwellings the front yard setback shall be P. minimum of {' 15 feet; b. [8] For multi-family dwelling units on corner and through lots the minimum setback for each side facing a street shall be 20 feet; however, the provisions of Chapter 18.102 must be satisfied. For single-family dwelling units the minimum setback for each side facing a street shall be 10 feet; however, the provisions of Chapter 18.102 must be satisfied; c. [C] For multi-family dwellings the side yard setback shall be a minimum of 10 feet. For single-family dwellings the side yard setback shall be five feet except this shall not apply to attached units on the lot line on which the units are attached; SL [Q] For multi-family dwellings the rear yard setback shall be a minimum of 20 feet. For single-family dwellings, the rear yard shall be a minimum of 15 feet; Q. [E] Where the side yard or rear yard of attached or multiple-family or single-family dwellings abut a more restrictive zoning district, such setbacks shall not be less than 30 feet; area f. [F] The distance between the property line and the front of the garage shall be a minimum of 20 feet; 4. Except as other!jise provided in Chapter 1.8.98, no building in an R-25 zoning district shall exceed 45 feet in height; 5. The maximum lot coverage shall be 80 percent including all ,buildings and impervious surfaces; and 6. The minimum landscape requirement shall be 20 percent. (Ord. 85--32; Ord. 85--31; Ord 85-07; Ord. 84-46; ' Ord. 84-29; Ord. 83-52.) 18.56.O60 Additional Requirements A. Additional requirements in the R-25 distric+m are as follows: 1. Off-street parking and loading, Chapter 18.105; 2. Access, Egress, and Circulation, Chapter 18.108; 3. landscaping and screening, Chapter 18.100; 4. Signs, Chapter 18.114 0rdinance No. 89- -117- � 5. Nonconforming situations, Chapter 18.132; 6. Accessory structures, Chapter 18.144; 7. Home occupations, Chapter 18.142; 8. Temporary use, Chapter 18.140; 9, Sensitive lands, Chapter 18.94; and f 10. Residential density transition, Section 18.40.040; (Ord. 85. 07; Ord. 84-46; Ord. 84-29; Ord. 83-52) i k € t E e a y p f k F , C t E E f k Y Ordinance No. 89-- s lapin M--- ChaAter_18_58 MULTIPLE-FAMILY RESIDENTIAL (40�- UNITS PER ACRES 3 Sections: 18.58.010 Purpose caval Process 18.58.020 Procedures and App ! 1$.58.030 Permitted Uses_ Chapter 18. 130) 18,58.040 Conditional Uses (gee t Dimensional n,-ac�uirements 1$.58.050 f 18.58,080 Additional Requirements 18 58 010 Purposeedium A. The purpose of the R-40 toning district is to profts in de high for density and high-rise multiple-family ti residential developments. (Ord. 83-52) 18.58.020 Procedures and A roval Process f,[(a)] A use permitted outright, Section 18.58.030, is a use which requires no approval under the provisions of this t� [code]. If a use is not listed as a use permitted outright, it may be held to be a similar unlisted use under the provisions of Chapter 18.43, Unlisted Use. conditional use, Section 18.58.040, is a use the approval of A �•�(b)] with the Hearings Officer. The approval which is discretionary process and criteria for approval are set forth in Chapter 18.130, Conditional Use. if a use is not listed as a . conditional use, it may be held to be a similar unlisted use under the provisions of Chapter 18.43, Unlisted Use. (Ord. 83-52) l.8.58.0�%0 Permitted Uses A. Permitted uses in the R-40 district are [is] as follows: 1. Single-family detached residential units; 2. Duplex residential units; 3. Single-family attached residential units; 4, Multiple-family dwellings residential units; 5. Group residential; `s €s. Group care residential; 7. Mobile home pares and subdivisions; --11y-- ordinance No. 89- .- — 8. Public support services; 9. Residential care facilities; and i0. Manufactured homes. (Ord. 85-15; Ord. 83-52) 18,58.040 Conditional Uses See Chapter 18.130) A. Conditional uses in the R-40 district are [is] as follows: 1. Community recreation including structures; 2. Religious assembly; j 3. Schools and related facilities; 4. Utilities; 5. Parking facilities; t b. Hospitals; 7. Lodge, fraternal, and civic assembly; and s 8. Children's day care. (Ord. 87-03; Ord. 83-52) 18 58.050 Dimensional Requirements A. Dimensional requirements in the R-40 district are as follows i 1. There is no minimum lot area per unit; 2. There is.no minimum lot width requirement; 3. Except as otherwise provided in Chapter 16.96 and Section 18.100.130, the minimum setback requirements are as follows For multi—frmily dwellings the front yard setback shall be a minimum of 20 feet. For- single-family dwellings the front yard setback shall be a minimum of 15 feet; For multi—family dwelling units on corner and through dots the minimum setback for each side facing a street shall be 20 feet; however, the provisions of Chapter 18.102 must be satisfied. For single-family dwelling units the minimum setback for each side facing a street shall be 10 feet; however, the provisions of Chapter 18.102 must be satisfied; c. E —120- Ordinance No. 89— � a' c. CC] For multi-family dwellings the side yard setback shall be a minimum of 10 feet. For single-family dwellings the side yard setback shall be five feet except this shall not apply to attached units on the lo : line on which the units are attached; i df. [D] For multi-family dwellings the rear yard setback shall ' be a minimum of 20 feet. For single-family dwellings the rear yard shall be a minimum of 15 feet; e. [E] Where the side yard or rear yard of attached or• multiple-family or single-family dwellings abut a more ! restrictive zoning district, such setbacks shall not be less than 35 feet; and ! F f. [F] The distance between the property line and the front of the garage shall be a minimum of 20 feet; 4. Except as otherwise provided in Chapter 18.98, no building in an R-40 zoning district shall exceed 60 feet in height; 5. The maximum lot coverage shall be 80 percent including all buildings and impervious surfaces; and 6. The minimum landscape requirement shall be 20 percent. (Ord. 85-32; Ord. 84-29; Ord. 83--52) 18.58.060 Additional Rectuirements t: A. Additional requirements in the R-40 district are as follows: 1. Off-street parking and loading, Chapter 18.106; 2. Access, Egress, and Circulation, Chapter 18.108; 3. Landscaping and screening, Chapter 18.100; 4. Signs. Chapter 15.114; 5. Nonconforming situations, Chapter 18,132; 6. Accessory structures, Chapter 18.144; 7. Home occupations, Chapter 18.142; 8. Temporary use, Chapter 18.140; 9. Sensitive lands, Chapter 18.84; and 10. Residential density transition, Section 18.40.040. (Ord. 84-29; Ord. 83--52) Ordinance No. 89- -121 Chapter 18.60 C—N: NEIGHBORHOOD COMMERCIAL DISTRICT Sections: 18.60.010 Purpose 18.60.020 Procedures and Approval Process 18.60.030 Permitted Uses 18.60.040 Conditional Uses (See Chapter 18.130) 18.60.045 Special Limitations on Uses 18.60.050 Dimensional [Lot] Requirements 18.60.060 Additional Requirements 18.60.010 Purpose A. The purpose of the C—N zoning district is to provide convenience goods and services within a cluster of stores. Convenience goods are goods which are bought frequently, at least weekly, and for which people do not engage in comparison shopping. The uses permitted in the neighborhood center include convenience markets, beauty shops, barber shops, and repair shops. The range of uses is limited to those uses which can be sustained Ly a limited trade area. (Ord. 83-52) 18 60.020 Procedures and Approval Process A use permitted outright, Section. 18.60.030, is a use which requires no approval under the provisions of this title [code.] If a use is not listed as a use permitted outright, it may be held to be a similar unlisted use under the provisions of Chapter 18.43, Unlisted Use. A conditional ube, Section 18.60.040, is a use the approval of which is discretionary with the Hearafrgs Officer. The approval process and criteria for approval are set forth in Chapter 18.130, Conditional Use. If a use is not listed as a conditional use, it may be held to be a similar unlisted use under the provisions of Chapter 18.43, Unlisted Use. (Ord. 83-52) 18.60.030 Permitted Uses A. Permitted uses in the C—N district are [is] as follows: 1. Civic use types: [A] Public agency administrative services; b. [B] Cultural exhibits and library services: 4 u Ordinance No. 89-- —122-- s Public support facilities; e. [C] ublx upp , d. [D] Postal services; and e. [E] Public safety services; 2. Commercial use types: [A] Consumer repair services; b. [B] Convenience sales and personal services; c. [C] Day care facilities; d. [D] Financial, insurance, and real estate services; e. [E] Food and beverage retail sales; L [F] Medical and dental services; g_ [G] Participant sports and recreation: (i) Indoor; and h. [H] Professional and administrative services; 3. Home occupations subject to provisions of Chapter 18.142. (Ord. 84-23; Ord. 83-52) 18.60.040 Conditional Uses (See Chapter 18.130) A. Conditional uses in the CA distract are [is] as follows: 1. Eating and drinking establishments; 2. Vehicle fuel sales; 3. Hospitals: 4. Lodge, fraternal, and civic assembly: 5. Utilities; 6. Parking facilities; and 7. Religious assembly and accessory uses. (Ord. 86--08; Ord. 83-52) Ordinance No. 89 -223— 18.60.045 Special Limitations on Uses A. Special limitations in the C-N district are as foiiow6: 1. The use shall be conducted wholly within an enclosed structure, except as allowed in Subsection 3 of this section; 2. No use shall have a gross floor area greater than 4,000 square feet; 3. Accessory open air sales/display/storage shall be permitted for horticultural and food merchandise only and shall constitute no more than five percent of the gross building floor area of any individual establishment; 4. Uses operating before 7:00 a.m. and after 10:00 p.m. shall be subject to the conditional use provisions, Chapter 18.130. (Ord. 83-52) 18.60.050 Dimensional [Lot] Requirements A. Dimensional [lot] requirements in the C-N district are as follows: 1. The minimum lot size shall be 5,000 square feet; 2. The minimum lot width shall be 50 feet; 3. Except as otherwise provided in Chapter 18.96 and Section 18.100.130, the minimum setback requirements are as follows: a. [A] The front yard setback shall be 20 feet; b. [8] On corner lots and through lots the setback shall be 20 feet on any side facing a street; however, the provisions of Chapter 18.102 must be satisfied; C. [C] No side yard setback shall be required except: 20 feet shall be required where the C-N zone abuts a residential zoning district; d. [D] No rear yard setback shall be required except 20 feet shall be required where the C-N zone abuts a residential zoning district; and SL [E] All building separations shall meet all Uniform Building Code requirements; 4. Except as otherwise provided in Chapter 18.98, no building in the C-N zoning district shall exceed 35 feet in height; 5. The maximum site coverage shall be 85 percent including all buildings and impervious surfaces; and Ordinance No. 89- 124 is I 6. The minimum landscaping requirement shall be 15 percent. (Ord. 85-32; Ord. 84-d29; Ord. 83-52) 060 Additional Requirements_ f A. Additional requirements in the C—N district are as follows: f 1. Off—street parking and loading, Chapter 18.106; 2. Access, Egress, and Circulation, Chapter 18.108; I 3. Landscaping and screening, Chapter 18.100; 4. Signs, Chapter 18.114; r 5. Nonconforming situations, Chapter 18.132; and S s 6. Sensitive lands, Chapter 18.84. (Ord. 83-5') { t f e t 6 - Ordinance No. 09-_ —125—w Chapter 18.62 ` C—G: GENERAL COMMERCIAL DISTRICT l Sections: 18.62.010 Purpose 18.62.020 Procedures and Approval Process 18.62.030 Permitted Uses 18.62.040 Conditional Uses (See Chapter 18.130) 18.62.050 Dimensional Requirements 18.62.060 Additional Requirements 18.62.010 Purpose A. The purpose of the general commercial areas is to provida For major retail goods and services: 1. The uses classified as general commercial may involve drive—in services, large space users, a combination of retail, service, wholesale, and repair services, or provide services to the traveling public; 2. The uses range from automobile repair and services, supply and equipment stores, vehicle sales, and drive—in restaurants to laundry establishments; Knd 3. It is intended that these uses be adjacent to an arterial 1 or major collector street. (Ord. 83-52) 18.62.020 Procedures and Approval Process A use permitted outright, Section 18.62.030, is a use which requires no approval under the provisions of this title [code]. If a use is not listed as a use permitted outright, it may be held to be a similar unlisted use under the provisions of Chapter 18.43, Unlisted Use, J(b)] A conditional use,- Section 18.62.040, is a use the approval of which is discrdtionary with the Hearings Officer. The approval process and criteria for approval are set forth in Chapter 18.130, Conditional Use. If a use is not fasted as a conditional use, it may be held to be a similar unlisted use under the provisions of Chapter 18.43, Unlisted Use. (Ord. 83-52) 18.62.030 Permitted Uses A. Permitted uses in the C—G district: are [is] as follows: 1. Civic use types: [A] Public agency administrative services; Or4inance No. 89— -126— b. CB] Cultural exhibits and library services; c. [C] Public support f'acil'ities; a., d. [D] Lodge, fraternal, and civic assembly; e. [E] Parking facilities; 4 . [F] Postal services; and g; [G] Public safety facilities; 2. Commercial use types: a. [A] Agricultural sales; b. [B] Amusement enterprises; c. [C] Animal sales and services: (i) Grooming; and (ii) veterinary, small animals; �._ [D] Automotive and equipment: (i) Cleaning; (ii) Repairs, light equipment; and als light equipment; (ani) Sales/rent menta g q p a. [E] Business support services; f. • [F] Convenience sales and personal services; [G] Day care facilities; Ems. [H] Eating and prinking establishments; i. [I] Financial, insurance, and real estate services; je [J] Food and beverage retail sales; k. [K] Funeral and internment services: (i) Cremating; and (ii) undertaking, 1. [L] General retail sales; 1: Ordinance No. 89— —127-- �y [M] Medical_ and dental services; n. [N] Participation sports and recreation: (i) Indoor; and (ii) Outdoor; o. [0] Personal services, general; p [P] Professional and administrative services; _L•. [Q] Consumer repair services; r. [R] Religious assembly; [S] Spectator sports and entertainment facilities; and t. [T] Transient lodging; 3. Home occupations subject to provisions of Chapter 18.142; 4. A single-family unit provided that is located on the same site with a permitted use in Section 18.62.030 or Section 18.62.040 and is occupied exclusively by a caretaker or superintendent of the permitted use and family. (Ord. 87-04; Ord. !_'•6-08; Ord. 85-07; Ord. 84-73; Ord. 83-52) �f 1R 62.040 Conditional Uses (See Chapter 18.130) A. Conditional uses in the C-G district are [is] as follows: 1. Adult entertainment; 2. Automotive and equipment: a. [A] Fleet storage; b. [8] Sales/rental, farm equipment; G. [C] Sales/rental, heavy equipment, and ate. [0] Storage, recreational vehicles, and boats; 3. Wholesaling, storage, and distribution: a. [A] Miniwarehouses; 4. Utilities; 5. Heliports, in accordance with the Aeronautics Division (ODOT) and the FAA; } Ordinance leo. 89- -128- 6. Hospitals; 7. Spectator sport facilities; and 8. Vehicle fuel sales, (Ord, 83-52) 18 62.050 Dimensional Requirements A. Dimensional requirements in the C-G district are as follows: 1. There is no minimum lot area required; 2. The average minimum lot width shall be 50 feet; 3. Except as otherwise provided in Chapter 18.96 and Section 18,100.130, the minimum setback requirements are as follows: a. [A] There shall be no minimum front yard setback requirement; however, conditions in Section 18,102 and Chapter 18.100 must be met; b. [8] On corner lots and through lots there shall be no minimum setback requirement; however, the provisions of Chapter 18,102 must be satisfied; C. [C] No side yard setback shall be required, except 20 feet shall be required where the C-G zone abuts a residential zoning district; and d. [D] No rear yard setback shall be required, except 20 feet shall be required where the C-G zone abuts a 4' residential zoning district; 4. Except as otherwise provided in Chapter 18.98, no building in a C-G zone shall exceed 45 feet; 5. The maximum site coverage shall be 85 percent including all buildings and impervious surfaces; and 6< 16 minimum landscaping requirement shall be 15 percent. (Ord. 85-32; Ord. 84-30; Ord. 84-29; Ord. 83--52) 18.62.060 Additional Requirements A. Additional requirements in the C-G district are as follows: 1. Off-street parking and loading, Chapter 18.106; 2. Access, egress, and Circulation, Chapter 18.108; ?. Landscaping and screening, Chapter 18.100; Ordinance No. 89--' -129- s r . — 4. Signs, Chapter 18.114; 5. Nonconforming situations, Chapter 18.132; and 6. Sensitive lands, Chapter 18.84; (Ord. 83-52) "t z i KKy 9 k g Ordinance No. 89- --130-- --rte ' E F Chapter 18.64 C--P: PROFESSIONAL/ADMINISTRATIVE OFFICE i ,l COMMERCIAL DISTRICT Sections: t 18.64.010 Purpose 18.64.020 Procedures and Approval Process 18.64.030 Permitted Uses 18.64.040 Conditional Uses (See Chapter 18.130) �. 18.64.050 Dimensional Requirements z 18.64.060 Additional Requirements i 1 18.64.010 _Purposes t A.[(a)] The purpose of the C-P zoning district is: 1. To provide for groups of businesses and offices in centers; { 2. To accommodate the location of intermediate uses between residential districts and areas of more intense development; 3. To provide opportunities for employment and for business and professional services in close proximity to residential neighborhoods and major transportation facilities; , 4. To expand the City's economic potential; 5. To provide a range of compatible and supportive uses; and 6. To locate office employment where it can support other commercial uses. B.[(b)] The trade area will vary and may extend outside the community. This zone is intended to implement the policies and criteria set forth in the comprehensive plan. (Ord. 83-52) 18.64.020 Procedures and Approval Process A use permitted outright. Section 18.64.030, is a use which requires no approv«1 under the provisions of this title [code.] If a use is not listed as a use permitted outright, it may be held to be a similar unlisted use under the provisions of Chapter 18.43, Unlisted Use. A conditional use, Section 18.64.040, is a use the approval of which is discretionary with the Hearings Officer. The approve process and criteria for approval are set forth in Chapter 18.130, Conditional Use. If a use is not listed as a conditional use, it may be held to be a similar^ unlisted use under the provisions of Chapter 18.43, Unlisted Use. (Ord. 83-52) Ordinance No 89 -131- 18.64.030 Permitted Uses A. Permitted uses in the C—P district are [is] as follows: 1. Civic use types: ate. [A] Public agency administrative services; b. [B] Cultural exhibits and library services; c. [C] Public support facilities; d. [D] Lodges, fraternal and civic assembly; a. [E] Parking facilities; f. [F] Postal services; -and S, [G] Public safety services; 2. Commercial use types: a. [A] Animal sales and services: (i) Grooming; and (ii) Veterinary, small animals; b. [B] Building maintenance services; c, [C] Business equipment sales and services; d. [D] Business support services; e. [E] Communication services; f. [F] Day care facilities; [G] Financial, insurance, and real estate services; h. [w] Medical and dental services; i. [I] Participation sports and recreation: (i) Indoor; and (xi) Outdoor (not to exceed ten percent of the total square footage within the office complex); [3] Personal services, general; k. [!C] Professional and administrative services; Ordinance No. 89- 132-- 1. [L] Research services; and m. [M] The following uses, separately or in combination, shall not exceed a total of 20 percent of the entire square footage within the development complex: (i) Convenience sales and persocial .services; (ii) Eating and drinking establishments; and (iii)Retail sales, general; 3. Residential use types: a. [A] Multiple—family residential units as a mixed use in conjunction, developed at R-40f standards, with a commercial development, only in the CP District within the Tigard Triangle and the Bull Mountain Road District, on or above the second floor of the structure; b. [B] Nome occupations subject to provisions of Chapter 18.142; 4. Transient lodging/restaurant (on the same parcel). (Ord. 86-08; Ord. 85-32; Ord. 84-73; Ord. 84-29; Ord. 83-52) 18.64.040 Conditional Uses (See Chapter 18.130) A. Conditional uses in the C—P district are [is] as follows: 1. Heliports, in accordance with the Aeronautics Division (ODOT) and FAA; i 2. Hospitals; and 3. Utilities. (Ord. 85-32; Ord, 84-29; Ord. 83-52) 13.64.050 Dimensional Requirements A. Dimensional requirements in the C—P district are as follows: 1. The minimum lot area shall be 6,000 square feet; 2. The average minimum lot width shall be 50 feet; 3. Except as otherwise provided in Chapter 18.96 and Section 18.100.130, the minimum setback requirements are as follows; A. [A] There shall be no minimum front yard setback requirement; however, conditions in Chapters 18.100 and 18.102 must be met; Ordinance No. 89— --133- b. [B] On corner lots and through lots, there shall be no minimum setback requirement; however, the provisions of Chapter 18.102 must be satisfied; c. [C] No side yard setback shall be required except 20 feet shall be required where the C-P zone abuts a residential zoning district; d. [D] No rear yard setback shall be required except 20 feet shall be required where the C-P zone abuts a residential zoning district; and e. [E] All building separations shall meet all Uniform Building Code requirements; 4. Except as otherwise provided in Chapter 18.98, no building in the C-P zoning district shall exceed 45 feet in height; 5. The maximum site coverage shall be 85 percent including all buildings and impervious surfaces; and 6. The minimum landscaping requirement shall be 15 percent. (Ord. 85-32; Ord. 84--30; Ord.84-29; Ord. 83-52) 18.64.060 Additional Reauirements A. Additional requirements in the C-P district are as follows: 1. Off-street parking and loading, Chapter 18.106; 2. Access, Egress, and Circulation, Chapter 18.108; 3. Landscaping and screening, Chapter 18.100; 4. Signs, Chapter 18.'114; 5. Nonconforming situations, Chapter 18.132; Ind 6 Sensitive lands, Chapter 18.84. (Ord. 83-52) Ordinance No. 89- -134- Chapter 18.66 CBD: CENTRAL BUSINESS DISTRICT Sections: 18.66.010 Purpose 18.66.020 Procedures and Approval Process 18.66.030 Permitted Uses 18.66.040 Conditional Uses (See Chapter 18. 130) 18.66.050 Dimensional Requirements: Nonresidential Uses 18.66.052 Dimensional Requirements: Residential Uses (R-40) 18,66.054 Dimensional Requirements: Residential Uses (R-12: Special District) 18.66.060 Additional Requirements t 18._66.010 Purpose A. The purpose of the CBD zoning district is to provide fcr• a concentrated, central commercial office, and retail area which also provides civic, high density residential, and mixed uses. (Ord. 83-52) 18 66 02Q Procedures and Approval Process A.[(a)] A use permitted outright, Section 18.66.030, is a use which requires no approval under the provision, of this tide [code]. ; If a use is not listed as a use permitted outright, it may be held to be a similar unlisted use under the provisions of Chapter 18.43, Unlisted Use. A conditional use, Section 18.66.040, is a use the approval of which is discretionary with the hearings Officer. The approval } process and criteria for approval are set forth in Chapter 18.130, Conditional Use. If a use is not listed as a conditional use, it may be held to be a similar unlisted use under the provisions of Chapter. 18.43, Unlisted Use. (Ord, Blom 83—a2) 18.66.030 Permitted Uses r E. R. Permitted uses in the CBD district are [is] as follows: 1. Civ-4c use types; a. [A] Public administrative agersc1; [Civic services;] b. [B] Community recreation; c. [C] Cultural exhibits aM library services; d. [D] Lodges, fraternal, and civic assembly; 'i -135- Ordinance No. 89— e. CE] Parking facilities; f. [F] Postal services; [G Public agency administrative services;] g� [H] Public safety services; h. [Y] Public support facilities; aced Religious assembly; 2. Commercial use types: [A] Amusement enterprises; b. [B] Animal sales and services: (i) Grooming; and (ii) Veterinary, small animals; c. [C] Automotive and equipment: (i) Cleaning; (ii) Repairing, light equipment; d. [D] Building maintenance services; Q. [E] Business equipment sales and services; f. [F] Business support services; cL [G] Communication services; [H] Convenience sales and personal services; i®. [I] Eating and drinking establishments; L [J] Financial, insurance, and real estate services; [K] . Food and beverage sales; I. [t.] Medical and dental services; [M3 Participation sports and recreation: (i) Indoor; a d (ii) Outdoor; 4 Ordinance No. 89-� —136— n. [N] Personal services, general; o. [0] Professional and administrative services; o [p] Religious assembly; g_ [Q] Repair services, consumer; r. [R] Retail sales, general; s. [S] Transient lodging; 3. Residential Use Types (See R-40 and R-12 for development standards): a. [A] Single--family attached residential units; b. [B] Multiple—family rI.esidential units; and C. [C] Nome occupations subject to provisions of Chapter 18.142. district d. The CBD zoningi a11aWs for R-40 residential development except within the area south of Fanno Creek defined as follows: o. All lands bounded by Fanno Creek, Hall Boulevard, Omara, Ash Avenue and Hill Street within the CBD shall be designated R-12 PD and shall be developed as planned developments in conformance with the R-12 u district standards. (Ord. 86-08; Ord. 84-73; Ord. 83-52) 18.66.040 Conditional Uses (See Chester 18_.130) A. Conditional uses in the CBD district are [is] as follows. 1. Adult entertainment; 2. Automotive and equip ent a�inglrnt::il, iiyiit eyiiinrnent; 3. Day care facilities; 4. Utilities; 5. Heliports, in accordance with the Aeronautics Division (OvOT) and the FAA: 6. Hospitals; 7. Spectator sport and entertainment,facilities; Ordinance leo. 89-- 137- B. Group care residential; 9. Vehicle fuel sales; and 10. Wholesale, storage, and distribution. (Ord. 83-52) 18.66.050 Dimensional Requirements: Nonresidential Uses A. Dimensional requirements for nonresidential uses in the CBD district are as follows: 1. There are no minimum lot area requirements; 2. There are no minimum lot width requirements; 3. Except as otherwise provided in Chapter 18.96 and Section 18.100.130, there are no setback requirements, except 30 feet where a commercial use within the district abuts a residential zoning district; 4. Except as otherwise provided in Chapter 18.98, no building in the CBD zone shall exceed 80 feet in height; 5. The maximum height of any building in the CBD zone within 100 feet of any residential zoning district shall not exceed 40 feet; 6. The maximum site coverage shall be 85 percent including buildings and impervious surfaces; and 7. The minimum landscaping requirement shall be 15 percent. (Ord. 85-32; Ord. 84-•29; Ord. 83-52) 18.66.052 Dimensional Requirements: Residential Uses (R-40) A. Dimensional requirements for residential uses in the R-40 districts in the CBD district are as follows: 1. There is no minimum lot area per unit; 2. There is no minimum lot width requirement; 3. The minimum setback requirements are as follows: a, (A] The front yard setback shall be a minimum of 20 feet; b, [B] On corner and through lots the minimum setback for each side facing a street shall be 20 feet however, the provisions of Chaster 18.102 must be satisfied; c, [C] The side± yard setback shall be a minimum of 10 feet, except as provided in subdivision (e) of this subsection; Ordinance No. 89—� T 138 SL [D] The side yard setback shall be a minimum of 20 feet except as provided in subdivision (e) of this subsection; f e. [E] Where the side yard or rear yard of attached or multiple—gamily dwellings abut a more restrictive zoning district, such setbacks shall not be less than 35 feet; and f. Front of garage to property line abutting a public or private street shall not be less than 20 feet; 4. Except as otherwise provided in Chapter 18.98 no building in an R-40 zoning district shall exceed 60 feet in height C feet; 5. The maximum lot coverage shall be 80 percent including E# buildings and impervious surfaces; and F 6. The minimum landscapa requirement shall be 20 percent. (Ord. 84-29; Ord. 83-52) 18.66.054 Dimensional Requirements: Residential Uses R-12: Special Districts �, A. Dimensional requirements for residential uses in the R-12 or special districts in the CBD district are as follows: 1. There is no minimum lot area per unit; ' 2. There is no minimum lot width requirement; E I° 3. The minimum setback requirements are as follows: ' a. [A] The front yard setback shall be a minimum of 20 feet; [e] On corner and through lots, the minimum setback for each side facing a street shall be 20 feet; however, the provisions of Chapter 18.1U2 must be satisf=ied; C c. [C] The side yard setback shall wa a minimum of 10 feet, except as provided in subdivision (e) of this subsection; d. [D] The rear yard setback shall be a minimum of 20 feet except as provided in subdivision (e) of this subsection; E [E] Where the side yard or rear yard of attached or multiple—family dwellings abut a morn restrictive zoning district, such setbacks shall not be less than 35 feet; and -139— Ordinance..Ale. era- f. [F] Front of garage to property line abutting a public or private street shall not be less 20 feet; 4. Except as otherwise provided in Chapter 18.98, no building in an R-40 zoning district shall exceed 60 feet in height; 5. The maximum lot coverage shall be 30 percent including b'Ufl.A_in,J? tined ,im�nnrr-daus surfaces; and 6. The minimum landscape requirement shall be 20 percent on newly developed property. Landscaped areas on existing developed property in the CBD shall be retained. Buffering and screening requirements set forth in Chapter 18.100 shall be met for existing and new development. (Ord. i 84-69; Ord. 84-29; Ord, 83-52) 18.66.060 Additional Requirements E A. Additional requirements in the CBD district are as follows; I. Off--street parking and 'loading, Chapter 18.106; 2. Access, Egress, and Circulation, Chapter 18.100; 3. Lands aping and screening, Chapter 13.100; 4, Signs, Chapter 18.11A.; } 5. Nonconforming situations, Chapter 18.132; and 6. Sensitive lands, Chapter 18.84; (Ord. 83-52) e A Ordinance No. 89— -140 t f Chapter 18,68 I—P: IMUSTRIAL PARK DISTRICT sections; 18,68.010 Purpose 18.68.020 Procedures and Approval Process 18.68.030 Permitted Uses 18.68,040 Conditional Uses (See Chapter 18.130) 18.68.050 Dimensional Requirements 18.68.060 Additional Requirements 18.68.010 Purpose AJ(a)] The purpose of the I—P zoning district is to provide areas. 1. For combining light manufacturing, office and complementary related commercial uses, e.g., restaurant, barber shop, t. beauty salons, and fitness centers; € 2. For combining uses which have no off—site impacts in terms of noise, odor, glare, lights, vibration, smoke, dust, or other types of off—site impacts; 3. For combining parking, lan&caping and other design features which physically and visually link structures and uses within one development; F 4. Which prohibit residential use; 5. Which utilize a basic street and utility pattern which will permit flexibility in the size of industrial sites; i 6. Which provide for a circulation system that provides direct access to arterials cr collectors that will not channel traffic through residential areas; ` 7. Which utilize an internal circulation system which connects y; to adjoining sites; , 8. Which provide a complete set of pre—imposed restrictions (e.g., deed restrictions, restriction covenants, etc.), that are enforceable upon all occupants of the industrial park "including provisions fon site improvement, building design, landscaping, sign control, off—street parking, and site maintenance; ; r 9 Which provide evidence of continuing management , responsibility to enforce restrictions established upon the original development plan; and (Ordinance No. 89 141 10. Which recognize the differing transportation requirements of employees and service vehicles with adequate provision for public transit access. (Ord. 83-52) 18 68 020 Procedures and Approval Process A use permitted outright, Section 18.68.030, is a use which requires no approval 'under the provisions ,_.f thwa title [code]. If a use is not listed as a use permitted outright, it may be held to be a similar unlisted use under the provisions of Chapter 18.43, Unlisted Use. 8,[(b)] A conditional use, Section 18.68.040, is a use the approval of which i-- discretionary with the bearings Officer. The approval process and criteria for approval are set forth in Chapter 18.130, Conditional Use. If a use is not listed as a conditional use, it may be held to be a similar unlisted use under the provisions of Chapter 18.43, Unlisted Use. (Ord. 83-52) 18.68.030 Permitted Uses A. Permitted uses in the I—P district are [is] as follows: 1. Civic use types: a. [A] Public support facilities; t b. [B] Parking facilities; c. [C] Postal services; and d, services[D7 Public safety a -, 2. Commercial use types. a. [A] Animal sales and services: (i) Veterinary, small and large animals; I. [B] Automobile and equipment: (i) Repairs, light; and (ii) Sales and Rental, light equipment; c: [C] Building maintenance services; d. [D] Business equipment sales and services a. [E] Business support services; i Ordinance No. 89- -142- I f. [F] Communication services; [G] Construction sales and services; h. [H] Financial, insurance, and real estate services; i. [I] Laundry services; J. [7] Medical and dental services; k. [K] Participation sports and recreation: i (i) Indoor; and (ii) Outdoor; 1. [L] Professional and administrative offices; i n. [M] Research services; C n. [N] Vehicle fuel sales; and I o. [0] The following uses, separately or in combination, shall not exceed a total of 20 percent of the entire square footage within the development complex: (i) Convenience sales and personal services; �., (ii) Day care facilities; (iii) Eating and drinking establishments; (iv) Personal services facilities; and (v) Retail sales, general; 3. Industrial use types: a. [A] Manufacturing of finished products; �. [A] Packaging and processing; c. [C] Wholesale, storage, and distribution: (i) Miniwarehouse, and (ii) Light; 4. Farming. (Ord. 86-08; Ord. 85-22; Ord. 85-14; Ord. 84-13; Ord. 84-69; Ord. 83-52) t Ordinance No', 89— 143- i 18.68.040 Conditional Uses (See Chapter 18.130) A. Conditional uses in the I-P district are as follows: 1. Automotive and equipment body repairs, light equipment; 2. Heliports, in accordance with the Aeronautics Division (ODOT) and the FAA; 3. Utilities; and 4. Transient lodging. (Ord. 88-16; Ord. 85-39; Ord. 85-22; Ord. 83-52; Ord. 88-16) 1 18 68 050 Dimensional Requirements ! _ 1 A. Dimensional requirements in the I-P district are as follows: 1. There are no minimum lot area requirements; f 2. The average minimum lot width shall be 50 feet; 3. Except as otherwise provided in Chapter 18.96 and Section 18.100.130, the minimum setback requirements are as follows: a. [A] The front yard setback shall be a minimum of 35 feet; b. [8] On corner lots and through lots the setback shall be a minimum of 20 feet on any lot facing a street; however, the provisions of Chapter 18.102 must be satisfied; c. [C] No side yard setback shall be required except 50 feet shall be required where the I-P zone abutz a residential zoning district; d. [D] No rear yard setback shall be required except 50 feet shall be required where the I-P zone abuts a residential zoning district. Development in industrial zones abutting the Rolling Hills neighborhood shall comply with Policy 11.5.1; and e�. [E] All building separations must meet all Uniform Building Code requirements; 4. Except as otherwise provided in Chapter 18.38, no building in the I-P zoning district shall exceed 45 feet in height; 5. The maximum site coverage shall be 75 percent including buildings and impervious surfaces. The maximum site coverage may be increased to 80 percent if the provisions of Section 18.68.05O.A.6 are satisfied; and 1 Ordinance No. 89- •144=- 6. The minimum landscaping requirement shall be 25 percent of the -lite area, except that a reduction to 20 percent of the site may be approved through the development review process when all of the following performance standards are met: a. The approved landscape plan shall provide: (i) Street trees, as required by Section 18.100.035 are to be installed with a minimum caliper of three inches rather than the two inches at four feet in height required by Section 18.100.035.A; (ii) The landscaping between a parking lot and street property line shall have a minimum width of 10 feet. (iii) All applicable buffering, screening, and setback requirements shall be satisfied. b. The applicant shall provide documentation of an adequate on-going maintenance program to ensure appropriate irrigation and maintenance of the landscape area. (Ord. 88-16; Ord. 85-32; Ord. 84-73; Ord. 84-61; Ord. 84-28; Ord. 83-52) 18.68.060 Additional Requirements A. Additional requirements in the I—P district are as follows: 1. Off—street parking and loading, Chapter 18.106; 2. Access, Egress, and Circulation, Chapter 18.108; 3. Landscaping and screening, Chapter 18.100; 4. Signe, Chapter 18.114; 5. Nonconforming situations, Chapter 18.132; and 6. Sensitive lands; Chapter 18.84. (Ord. 83-52) s ` Ordinance No. 89— —145— Chapter 18,70 I-L: LIGHT INDUSTRIAL Sections: 18.70.010 Purpose 18.70.020 Procedures and Approval Process 18.70.030 Permitted Uses 18.70.040 Conditional Uses (See Chapter 18,130) 18.70.050 Dimensional Requirements 18.70.060 Additional Requirements E E t 18.70.010 Purpose i A. The purpose of the I-L zoning is to: 1. Provide appropriate locations forgeneral ln.,..-:i*r:-' asaa .,. ...,_ -�sa including light manufacturing and related activities with few, if any, nuisance characteristics such as noise, glare, and smoke; R 2. To permit manufacturing, processing, assembling, packaging or treatment of products from previously prepared materials; and 3. To prohibit residential use and limit commercial use. (Ord. 83-52) 18.70,020 Procedures and Approval Process G E J(a)] A use permitted outright, Section 18.70.030, is a use which k requires no approval under the provisions of this title [code]. If a use ,is not listed as a use permitted outright, it may be held to be a similar unlisted use under the provisions of Chapter 18.43, Unlisted Use. �.[(b)] A conditional use, Section 18.70.040, is a use the approval of which is discretionary with the Hearings Officer. The approval process and criteria for approval are set forth in Chapter 18.130, Conditional Use. If a use is riot listed as a conditional use, it may be held to be a similar unlisted use under the previsions of Chapter 18,43, Unlisted Use. (Ord. 83-52) 18.70.030 Permitted Uses A. Permitted uses in the I-L district are [is] as follocss: 1, Civic use types: { Ordinance No, 09- -146- S' a. [A] Public support facilities; b. [B] Parking facilities; :_. c. [C] Postal services; and d, [D] Public safety services; 2, Commercial use types: r C a. [A] Agricultural sales; R b, [B] Agricultural services; f c. [C] Animal sales and service: t (i) Auctioning; x E (ii) Kennels; and E E (iii) Veterinary, small and large animals; E d. [D] Automobile and equipment: t E (i) Cleaning; (ii) Fleet storage; ' (iii) Repairs, heavy and light; (iv) sales and rental, heavy equipment, farm equipment, light equipment; and r. (v) Beady repairs, light equipment; e. [E] Building maintenance services; f` . [F] Construction sales and services; [G] Laundry services; h. [H] Research services; and i, [1] Vehicle fuel sales; 3. Industrial use types: . q a. [A] Manufacturing of finished products; p t b. [B] Packaging and processing; and r --147— Ordinance No. 89--- i ft e 1 t C. [C] 'Wholesale, storage and distribution: (i) Miniwarehouse; and (ii) Light; i C 4. Farming; and 5. A single—family detached unit or a single manufactured/ mobile home provided that the use is limited to the following: a, (A] A dwelling for a caretaker or superintendent which is located on the same site with the permitted industrial use and is occupied exclusively by i or superintendent of the industrial use and family; or b. [B] A dwelling for a kennel owner or operator which is located on the same site with the kennel and is occupied exclusively by the owner or operator of nthe kennel and family. (Ord. 86-08; Ord. 85-39; 85-14; Ord. 84-73; Ord. 84-69; Ord. 83-52) 18 70 040 Conditional Uses (See Chapter 18.130) A. Corditional uses in the I—L district are (is] as follows: e with the Aeronautics Division 1, Heliports, in accordanc (OUOT) and the FAA; 2. Utilities; and 3. Vehicle fuel sales with convenience sales. (0rd. 83-52) i 18.70.050 ___Limen ional guxrements A. Dimensional requirements in the I—L district are as follows: are no minimum lot area requirements; .�� 1. There � 2. The aV:rrage minimum lot .w�ic+th shall be 50 feet; 3, Except as otherwiseprovided rovided in Chapter 18.9and Se ion setback requirements are as follows: 18.100.130, the minimum � l'Ytzr�.ix' m, (A] The front yard setback shall be 30 feet; (B] On corner lots and through lots the setback shall be 20 feet on any side facing a street; however, the provisions of Chapter 18.102 must be satisfied; � d u148— Ordinance NO 89- _ c. CC] No side yard setback shall be required except 50 feet shall be requ .red where the I—L zone abuts a residential zoning district; J. [D] No rear yard setback shall be required except 50 feet shall be required 'where the I—L zone abuts a residintial zoning district; and e. [E] All building separations must meet all Uniform Building Code requirements; 4. Except as otherwise provided in Chapter 18.98, no building in the I—L zoning district shall exceed 45 feet in height. 5. The maximum site coverage shall be 85 percent including buildings and impervious surfaces; and 6. The minimum landscaping requirement shall be 15 percent. (Ord. 85-32; Ord. 84-61; Ord, 84-29; Ord. 83-52) 18.70.060 Additional Requirements A. Additional requirements in the I—L district are as follows: 1. Off—street parking and loading, Chapter 18.106; 2. Access, Egress, and Circulation, Chapter 18.108; 3. Landscaping and screening, Chapter 18. 100; 4. Signs, Chapter 18.114; 5. Nonconforming situations, Chapter 18.132; and 6. Sensitive lands, Chapter 18.84. (Ord. 83-52) Ordinance No. 89- . . -149— Chapter 18.72 I—H: HEAVY INDUSTRIAL Sections: 18.72.010 Purpose 18.72.020 Procedures and Approval Process 18.72.030 Permitted Uses 18.72.040 Conditional Uses (See Chapter 18.130) 18.72.050 Dimensional Requirements 18.72.060 Additional Requirements 18.72.010 Purpose A. The purr.^ase of the I—H zoning district is to provide appropriate locations for intensive manufacturing activities including fabrication, processing, or assembling of semifinished or finished products from raw materials, outdoor storage areas, and the storage of heavy equipment. (Ord. 83-52) 18.72.020 Procedures and Approval Process A.[(a)] A use permitted outright, Section 38.72.030, is a use which requires no approval under the provisions of this title [code]. If a use is not listed as a use permitted outright, it may be held to be a similar unlisted use under the provisions of Chapter 18.43, Unlisted Use. A conditional use, Section 18.72.040, is a ,use the approval of which is discretionary with the Hearings Officer. The approval process and criteria for approval are set forth in Chapter 18.130, Conditional Use. If a use is not listed as a conditional use, it may be held to be a similar unlisted use under the provisions of Chapter 18.43, Unlisted Use. (Ord. 83-52) 18.72.030 Permitted Uses r } A. Permitted uses in the I—H district are [is] as follows: 1. Civic use types: a. [A] Public support facilities; Ra. [8] Major impact services and utilities; z c. [C] Minor impact utilities; ! . [D] Parking facilities, P,a ' k Ordinance No. 80 —150— e. [E] Postal services; and f. [F] Public safety services; 2. Commercial use types: a. [A] Agricultural sales; Agricultural services; cq [C] Animal sales and service: (i) Auctioning; (ii) Kennels; and (iii) Veterinary, small and large animals; d. (01 Automobile and equipment: (i) Cleaning; P (ii) Fleet storage; (iii) Repairs, heavy and light equipment; mw (iv) Sales and rental, heavy equipment, farm `. equipment, light equipment; (v) Storage, nonoperating vehicles; and (vi) Body repair, light equipment; 0. [E] Construction sales and services; g. [F] Explosive storage; [G] Fuel sales; s h. [H] laundry services; i�. [I] Research services; and L [J] Scrap operations/recycling collection centers; 3. Industrial use types: �. [A] Manufacturing of products (i) From raw materials, and (ii) From previously prepared materials; ' Ordinance No. 89— 15i- b. [8] Packaging and Processing; [C] Wholesale, storage and distributions (i) Miniwarehouse; (ii) Light; and (iii) Meavy; 4. Farming; and 5. A single—family detached unit or a single manufactured/ mobile home provided that the use is limited to the following: IL [A] A dwelling for a caretaker or superintendent which is located on the same site with the permitted industrial use and is occupied exclusively by a caretaker or superintendent of the industrial use and family; or b. [8] A dwelling for a kennel owner or operator which is located on the same site with the kennel and is occupied exclusively by the owner or operator of the kennel and family. (Ord. 86-08; Ord. 85-39; Ord. 85-14; Ord. 84-73; Ord. 84-69; Ord. 83-52) 18.72.040 Conditional Uses (See Chapter 18.130) A. Conditional uses in the I—H district are [is] as follows: 1. Heliports; and 2. utilities. (Ora. 83-52) 18.72.050 Dimensional Requirements A. Dimensional requirements in the I—H district are as follows: 1. There are no minimum lot area requirements; 2. The average minimum lo'- width shall be 50 feet; 3. Except as otherwise provided in Chapter 18.96 and Section 18.100.130, the minimus setback requirements are as follows: [A] The front yard setback shall be 30 feet; A. [8] On corner lots and through lots, the setback shall be 20 feet on any side facing a street; however, the provisions of Chapter 18.102 must be satisfied; Ordinance Mo. 99- -152- c. [C] No side yard. setback shall be required except 50 feet shall be requir(:d where the I—H zone abuts a residential zoning district; d. [D] No rear yard setback shall be required except 50 feet shall be required where, the I—H zone abuts a residential zoning district; and e. [E] All building separations must meet all Uniform Building Code requirements; 4. Except as otherwise provided in Chapter 18.98, no building in the I—H zoning district shall exceed 45 feet in height; 5. The maximum site coverage shall be 85 percent including buildings and impervious surfaces; and 6. The minimum landscaping requirement shall be 15 percent. ford. 95-79; Ord. 84_61; Ord. 84-29; Ord, 83-52) 18.72.060 Additional Requirements A. Additional requirements for the I—H district are as follows: 1. Off—street parking and loading, Chapter 18.106; 2. Access, Egress, and Circulation, Chapter 18.108; 3. Landscaping and screening, Chapter 18.100; 4. Signs, Chapter 18.114; 5. Nonconforming situations, Chapter 18.132; and 6. Sensitive lands, Chapter 18.84; (Ord. 83-52) Ordinance No. 89- -153- Chapter 18.80 PLANNED DEVELOPMENT Sections: 18.80.010 Purpose 18.80.015 The Process 18.80.020 Administration and Approval Process 18.80.030 Expiration of Approval: Standards for Extension of Time 18,80.040 Noncompliance: Bond Approval 18.80.050 Applicability of Zone as Condition of 18.80.060 Planned Development Allowed and Disallowed 18.80.070 Applicability and Allowed Uses 18.80.080 Applicability of the Base Zone Provisions 18.80.090 Applicability of Site Development Review Chapter 18.80.100 Phased Development 18.30.110 Application Submission Requirements: Conceptual Development Plan 18.80. 120 Approval Standards 18.80.130 Site Conditions 18.80.140 Additional Information Required and Waiver of Requirements 18.50. 150 Detailed Plan 18.80.160 Grading and Drainage Pian 18.80.170 The.- Landscape Plan 18.80.180 Sign Drawings 18.60.190 Exceptions to Underlying Zone, Yard, Parking, and Sign Provisions and the Landscaping Provisions 18.80.200 Shared Open Space 18 80.010 Purbose A. The purposes of the planned development overlay zone are' i. To provide a means for creating planned environments through the application of flexible standards which allow for the application c& new techniques and new technology in community development which will result in a superior living arrangement; 2. To facilitate the efficient use of land; 3 To promote an economic arrangement of land use, buildings, circulation systems, open space, and utilities; 4. To preserve to the greatest extent possible the existing landscape features and amenities through the use of a planning procedure that can relate the type and design of a development to a particular site; and s 154-- Ordinance No 89—._ — - 5. To encourage development that recognizes the relationship between buildings, their use, eper. space, and accessways and thereby maximizes the opportunities for innovative and diversified living environments. (Ord. 83-52) 18.80.015 The Process The planned development designation is an overlay zone applicable to all zones. 8.[(b)] There are three elements to the .planned development approval process and the elements are as f,llows: 1. The approval of the planned development overlay zone; 2. The approval of the planned development concept plan; and 3. The approval of the detailed development plan. �J(cl3 The planned development overlay zone shall be processed in the same manner as a zone change under the provisions of Chapter 15.32, Administrative Procedures, except in the situation where zone change is part of a legislative rezoning. In the case of an existing planned development overlay zone for a subdivision, conditional use or site development review application, the proposal shall be r2mie�-Wed by t'he [planning] commission. In the case of an existing planned development overlay zone for any other type of application, the application shall be reviewed under the provisions required in the chapters which apply to the particular land use application. 0. [(d)3 The application for the overlay zone and for approval of the conceptual development plan may be heard concurrently if an application for each of the actions is submitted. E. E(9)1 If the application involves subdivision of land, the applicant may apply for preliminary plat approval and the applications shall be heard concurrently. g�[(f33 The application for the conceptual development plan shall satisfy all of the requirements of section 18.00.110. The applicant may file for exceptions under the provision of Section 15.80.190. 3 The application for the detailed developme�it plan shall satisfy all of the requirements of Subsection 18.80.020.G. (Ord. 85--08; Ord. 83-52) Ordinance No, 59— i 18.80.020 Administration and Approval Process The applicant for P, planned development overlay zone may be as provided by Section 18,32.020. The applicant for the conceptual plan and detailed plan shall be the recorded owner of the property o; an w� r. authorized ga t = a,a ria,_,d in writing by the owner. PJ(b)3 A preapplication conference with City staff is required. (See Section 18.32.040.) Due to possible changes in state statutes, or regional or local policy, information given by staff to the applicant during the preapplication conference is valid for no more than six months: 1, Another preapplication conference is required if any planned development application is submitted six months after the preapplication conference; and 2. Failure of the Director to provide any of the information required by this section shall not constitute a waiver of the standard, criteria, or requirements of the applications. Notice of the planned development proceeding before the Commission shall be given as required by Section 18.32.130. Action on the application shall be in accordance with Chapter 18.32 and the following: 1. Unless otherwise provided by this title [code], the Commission shall hold a public hearing and approve, approve with conditions, or deny the application based on tindings related to the applicable criteria set forth in Section 18.80.120; and 2. A decision by the Commission may be reviewed by the Council as provided by Section 18.32.310.8. F.[(f)] Where a planned development overlay zone has been approved, the development zoning district map shall be amended to indicate the approved planned development designation for the subject development sit G,[(g)] Within one' ears after the date of Commission approval of the conceptual development plan, the owner shall prepare and file with the Director, a detailed development plan. Action on the detailed development plan shall be ministerial and taken by the Director; and 1. The Director shall approve the detailed development plan upon finding that the final plan conforms with the conceptual development plan approved, or approved with conditions by the Commission. The detailed plan shall be approved unless the Director finds: Ordinance No. 89— _. 15es- a. [A] The change increases the residential densities the lot coverage by buildings or reduces the amount of parking; t b. [D] The change reduces the amount of open space and 1Grt4�i V Lap i ny; q. [C] The change involves a change in use; [D] The change commits land to development which is environmentally sensitive or subject to a potential hazard; and e. [E] The change involves a major shift in the location of buildings, proposed streets, parking lot configuration, utility easements, landscaping, or other site improvements; 2. A decision by the Director may be appealed by the applicant or other affected/approved parties to the Commission and the Commission shall decide whether the detailed development plan substantially conforms to the approved conceptual development plan based on the criteria set forth in Subsection [subdivision] 1 of this section [subsection]. [A] The decision shall be based on testimony from the applicant and the staff exclusively; and b, [8] No notice shall be required except as required by Section 18.32.120. H.[(ha] Substantial modifications made to the approved conceptual development plan shall require a new application. (Ord. 83-52) 18.80.030 Expiration of Approval: Standards for Extension of Time 9.[(a)] The approval of the planned development overlay zone shall not expire. A.C(b)] The conceptual development plan approval by the Commission shall lapse if a detailed development plan proposal has not been submitted for approval within the one year g-period or unless an extension of time is granted. ZA n,1-1 enQ •[(c)] `fhe Commission shall, upon written request by the applicant, payment of the requited fee, notification and a public hearing, - grant, grant with conditions, or deny an extension of the approval period not to exceed 12 months upon finding that: 1. No changes have been made on the original conceptual r development plan as approved by the Commission; 3 Ordinance No. SP -157- 2. The applicant can show intent of applying for detailed development plan review within the 12—month extension X4 period; and r 3 3. There have been no changes in the facts or applicable policies and ordinance provisions on which the apprf,.,ral was based. t i �.[(d)] The Commission may approve an extension of time up to one year, approve the extension of time subject to modifications and conditions, or deny the extension of time. The decision may be appealed a3 provided by Subsection 18.32.310(8). (Ord. 83-52) 18.80.040 Noncompliance: Bond A.[(a)] Noncompliance with an approved detailed development plan shall be a violation of this chapter. 1.,[(b)] The development shall be completed in accordance with the approved detailed development plan including landscaping and recreation areas before any occupancy permits are issued, except that: 1. When the Director determines that immediate execution of any feature of an approved detailed development plan is impractical due to climatic conditions, unavailability of materials, or other temporary condition, the Director shall, as a precondition of the issuance of a required permit, require the posting of a performance bond or other surety to secure execution of the feature at a time certain not to exceed one year. (Ord. 83-52) 10.80050 Applicability of Zone as Condition of Approval_ A. An approval authority may apply the provisions of this chapter as a condition of approving any applicationfor a commercial or industrial development. (Ord. 83-52) 18.80.060 Planned Development Allowed and Disallowed A.�(a)] A planned development shall be allowed on all lands shown on the comprehensive plan map as "Developing Areas." (See Section 18.138.030.) #.1_"(b)] , A planners development shall not be allowed in residential zones located in areas designated as "Established Areas" on the comprehensive plan map except, the Commission may approve a planned development within an "Established Area" where the Commission finds: E 1. Development of the land in accordance with the provisions of the "Established Area would: Ordinance No. 89-- -158 a. [A] Result in an inefficient use of land.,~ b. [B] Result in removing significant natural f=eatures; or cp [C] Result in a change of the character of the area surrounding a significant historic feature or building; 2. The planned development approach is the most feasible method of developing the area; and 3. The site is of a size and shape that the compatibility provisions of Chapter 18.92 can be met. (Ord. 83-52) 18 80 070 Applicabilitv and Allowed Uses In addition to the use allowed outright in an ui,derlying residential zone the following uses are allowed outright where all other applicable standards are met: 1. Community building; 2. Indoor recreation facility; athletic club, fitness center, racketball court, swimming pool, tennis court. or similar use; 3. Outdoor recreation facility, golf course, golf driving ranine, swimming pool, tennis court, or similar use; and 4. Recreational vehicle storage area. In all commercial and industrial planned developments the uses permitted outright shall comply with the underlying zoning district. (Ord. 83-52) 18.80.080 Applicability of the Base Zone Provisions A.[(a)] The provisions of the base zone are applicable as follows: 1. Lot Dimensional Standards: The minimum lot size, lot depth and lot width standards shall not apply except as related to the density computation under 'Chapter 18.92; 2. Site Coverage: The site coverage provisions of the base zone shall apply; 3. Building Height: The building height provisions shall not apply except w chin 100 feet of an "Established Area"; acrd i° Ordinance No. 89- -159- 4. Structure setback provisions: a, [A] Front yard and rear yard setbacks for structures on the perimeter of the project shall be the same as that required by the base zone unless otherwise provided by Chapter 18.120; b. [B] The side yard setback provisions shall not apply except that all detached structures snail meet the Uniform Building Code requirements for fire walls; and c. [C] Front yard and rear yard setback requirements in the base zone setback shall not apply to structures on the interior of the project except that: (i) A minimum front yard setback of 20 feet is required for any garage structure which opens facing a street. B,[(b)] All other provisions of the base zone shall apply except as modified by this chapter. (Ord. 83-52) 18 80 090 ApplicabilitJa of Site D®veloomenti Review Chapter A. The provisions of Chapter 18.120 shall apply to all uses except as provided by Section 18.120.020. (Ord. 83-52) l 11e 80 100 Phased Development The Commission shall approve a time schedule for developing a site in phases, but in no case shall the total time period for all phases be greater than seven years without reapplying for conceptual development plan review. The criteria for approving a phased detail development plan proposal are that: 1. The public facilities shall be, constructed in conjunction with or prior to each phase; and 2. The development and occupancy of any phase shall not be dependent on the use of temporary public facilities. A temporary public facility is any facility not constructed to the applicable City or district standard. (Ord. 83--52) 1 .80 11A Application Submission Reauiroments• Conceptual Deve3opment Plan p,["a)] All applications shall be made on forms provided by the Director and shall be accompanied by: 1. 15 copies of the conceptual development plan(s) and necessary data or narrative whichexplains how the f' development conforms to the standards: e ordinance No 89— a. [A] Sheet size for the conceptual development plan(s) and required drawings shall preferably not exceed 18 inches by 24 inches; and b. [B] The scale for a conceptual development plan shall be an e_Mineerin_g scale; [20 feet, 50 feet, 100 feet or 200 feet to the inch;] 2. A list of the names and addresses of all who ar d property owners of record w41thin 250 feet of the site; and 3. The required fee. The required information may be combined and does not have to be placed on separate maps. The conceptual development plan, data, and narrative shall include the following: 1. Existing site conditions, Section 18.80.130; 2. A site concept, Section 18.80.150; 3. A grading concept, Section 18.80.160; 4. A landscape concept, Section 18.80.170; 5. A sign concept, Section 18.80.180; and 6. A . copy of all existing or proposed restrictions or covenants. (Ord. 83-52) 18.80.120 Approval Standards q �.[(a)] The Commission shall make findings that the following criteria are satisfied when approving or approving with conditions, or the criteria are not satisfied when denying an application. 1. All the provisions of the land division provisions, Chapter 18.162, et seq., shall be met; 2. The provisions of the following chapters shall be met: a. [A] Chapter 18.92, Density Computation and Limitations; b. [B] Chapter 18.144, Accessory Structures; e. [C] Chapter 18,96, Additional Yard Area Requirements; dd.. [D] Chapter 18.98, Building Height Limitations: Exceptions; 6. [E] Chapter 1.8.102, Visual Clearance Areas; Ord inance No. 89- -161-- �. [F] Chapter 18.100, Landscaping and Screening; { [0] Chapter 18.106, Off—street Parking and Loading Requirements; h. [H] Chapter 18.108, Access, Egress, and Circulation; and i. [I] Chapter 18.114, Signs; 3. In addition, the following criteria shall be met: a. [A] Relationship to the natural and physical environment: (i) The streets, buildings, and other site elements shall be designed and located to preserve the existing trees, topography, and natural drainage to the greatest degree possible; (ii) Structures located on the site shall not be in areas subject to ground slumping and sliding; (iii) There shall be adequate distance between on—site buildings and other on—site and off—site buildings on adjoining properties to provide for adequate light and air circulation and for fire protection; (iv) The structures shall be oriented with consideration for the sun and wind directions, where possible; and (v) Trees with a six inch caliper measured at four feet in height from ground level, shall be saved where possible; b. [B] Buffering, screening, and compatibility between adjoining uses: (i) Buffering shall be provided between different types of land uses (for example, between single—family and multiple—family residential, and residential, and commercial); (ii) In addition to the requirements of the buffer matrix, the following factors shall be considered in determining the adequacy and extent of the buffer required under Chapter 18.100: (a) The purpose of the buffer, for example to decrease noise levels, absorb air pollution, filter dust, or to provide a visual barrier; Ordinance No. 89 162— b\ The sizE of the buffer needs in terms of width and height to achieve the purpose; f (c) The direction(s) from which buffering is needed; (d) The required density of the buffering; and (e) Whether the viewer is stationary or mobile; z (iii) On—site screening from view from adjoining properties of such things as service areas, storage areas, parking lots, and mechanical devices on roof tops shall be provided and the following factors shall be considered in determining the adequacy of the type and extent of the screening: (a) What needs to be screened; l (b) The direction from which it is nct.ded; and (c) Whether the screening needs to be year— round; [C] Privacy and noise: (i) Nonresidential structures which abut existing residential dwellings shall be located on the site or be designed in a manner, to the maximum degree possible, to protect the private areas on the adjoining properties from view and noise; c9. [D] Private outdoor area: residential use: (i) In addition to the requirements of subparagraph (iii), each ground level residential dwelling unit shall have an outdoor private area (patio, terrace, porch) of not less than 48 square feet; (ii) Wherever possible, private outdoor open spaces should be oriented toward the sun; and �aaa, F MrAivat-,e outdoorspaces shall be screened Cr designed to provide privacy for the use of the space; Ordinance No. 89_ —163— t e. [E] Shared outdoor recreation areas: residential use: (i) In addition to subparagraphs (ii) and (iii) of this sectio- [g�,!b {itsicincn] er_M Irrlaltlille- e. dwelling development shall incorporate shared usable outdoor recreation areas within the development plan as follows: (a) Studio units up to and including two bedroom units, 200 square feet per unit; and (b) Three or more bedroom units, 300 square feet per unit; (ii) Shared outdoor recreation space shall be readily observable from adjacent units for reasons of crime prevention and safety; (iii) The required recreation space may be provided as follows: (a) It may be all outdoor space; or (b) It may be part outdoor space and part indoor space; for example, an outdoor tennis court and 'indoor recreation room; [and] or (c) It may be all public or common space; or (d) It may be part common space and part private; for example, it could be an outdoor tennis court, indoor recreation room, and balconies on each unit; [and] ar (e) there balconies are added to units, the balconies shall not be less than 48 square feet; �. [F] Access and circulation: (i) The number of allowed access points for a development shall be provided in Chapter 18.112; (ii) Ail circulation patterns within a development - rs'iiust be designed to accommodate emergency vehicles; acrd (iii) Provisions shall be made for pedestrian and bicycle ways if such facilities are shown on an adnntaad plan t/ Ordinance No. 89- -1164- k [G] Landscaping and open space: (i) Residential Development: In addition to the requirements of subparagraphs (iv) and (v) of section [subdivision] A of this subsection, a minimum of 20 percent of the site shall be-landscaped; ' (ii) Cummercial Development: A minimum of 15 percent of the site shall be landscaped; and (iii) Industrial Development: A minimum of 15 percent of the site shall be landscaped; j k Public transit: (i) Provisions for public transit may be required where the site abuts a public transit route. The required facil*ties shall be based on: (a) The location of other transit facilities in k the area; and (b) The size and type of the proposed �.: development; t (ii) The required facilities shall be limited to such } facilities as: ; (a) A waiting shelter; (b) A turn-out area for loading and unloading; and (c) Hard surface paths connecting the k development to the waiting area; 6 s. [I] Signs: (i) in addition to the provisions of Chapter 18. 114, x S mans (a) Location of all signs proposed for the development site; and F i ; (b) The signs shall not obscure vehicle driver's sight distance; ordinance No. 89— --155- Parking: (i) All parking and loading areas shall be generally E laid out in accordance with the requirements set f forth in Chapter 18. 106; t k. [K] Drainage: t (i) All drainage provisions shall be generally laid . out in accordance with the requirements set forth in Chapter 18.84 and the criteria in the adopted 1981 master drainage plan; k I. [L] Floodplain dedication: (i) Where landfill and/or development is allowed within or adjacent to the 100—year floodplain, the City shall require the dedication of sufficient open land area for a greenway adjoining and within the floodplain. This area shall include portions of a suitable elevation for the construction cf a pedestrian/bicycle pathway with the floodplain in accordance with the adopted pedestrian bicycle pathway plan. i (Ord. 87-66; Ord. 83-52) 18.80.130 Site Conditions f a,[(a)] The site analysis shall include: 1. A vicinity map showing the location of the property in relation to adjacent properties, roads, pedestrianways and bikeways, transit stops, and utility access; 2. The parcel boundaries, dimensions, and gross area; 3. Contour lines at two--foot intervals for slopes from zero to ten percent and five—foot intervals from slopes over ten percent; !' 4. The drainage patterns and dra.?nage courses on the site and on adjacent lands; s. Potential natural hazard areas including: �. [A] Floodplain areas; [8] Areas having a high seasonal water table within zero to 24 inches of the surface for three or more waaks of wha [C] Unstable ground (areas subject to slumping, earth slides or movement). See soil conservation service maps' Ordinance No. 89- -166— SL [D] Areas having a severe soil erosion potential; and 2-. EE] Areas having severe weak foundation soils; 5. Resource areas including: a• [A] Wetland areas; and 1• [g] Wildlife habitat areas identified by the City in its comprehensive plan; 7. Site features including: ?• [A] large rock outcroppings; b [B] Areas having unique views; and .R- Streams and stream corridors; 8. The location of trees having a six-inch caliper at four feet and where the site is heavily wooded, an photograph at the same scale as the site aerial submitted and only those trees that w.ilmay be lbe affected by the proposed development need to be sited accurately; 9. The location and type of noise sources. !- [(b)] Where the site is subject to landslides or other hazard, a soils and engineerin potential sed on proposed project shall be submitted which shows d the aarea can the he made suitable for the proposed development, (Ord. E3-52) 18.80.140 Additional Information Re uired and Waiver of Re uirements �•CCa)] The Director may require information in addition to that required by this chapter in accordance. with Subsection 18.32-080-A. i The Director may waive a specific requirement for information in accordance with Subsections 18.32.080.8 and C. .(Ord. 83-52) 18.80.150 Man A•[(a)] The site plan shall be at the same scale as the site and shall show the following: conditions, 1' The applicants entire property and the surrounding property to a distance sufficient to determine the relationship between the applicant's development and adjacent p property and proposed property .and development; I ' f Ordinance No 89- � i -167- >y .. .€+4 MR y.....- 2. Boundary lines and dimensions for the perimeter of the property and the dimensions for all proposed lot lines, section lines, corners, and monuments; 3. The location of at least one temporary benchmark and contours as provided by Subsection 18.80.130 (A)(3); 4. Identification information, including the name and address of the owner, developer, and project designer, and the scale and north arrow; 5. The location, dimensions, and names of all: a. [A] Existing and platted streets and other public ways, railroad tracks and crossings, and easements on adjacent property and on the site; Fa. [B] Proposed streets or other public ways, easements on the site; 6. The location, dimensions and setback distances of all: a. [A] Existing structures, improvements, utility and drainage facilities on adjoining properties; b. [B] Existing structures, improvements, utility and drainage facilities to remain on the site; and k` C. [C] Proposed structures, improvements, utility and drainage facilities on the site; The location and dimensions of: a. [A] The entrances and exits to the site; �. [B] The parting and circulation areas; [C] Pedestrian and bicycle circulation areas; S. [D] On—sito outdoor recreation spaces and common areas; and 1. [E] Above ground utilities; 8. The location of areas to be landscaped; And 9. The location and type of street lighting with specific consideration given to crime prevention. (Ord. 84-29; Ord. 83-52) 16.80.160 Grading and Drainage Plan A. The grading and drainage plan shall be at the same sc,°:le as the site conditions and shall include the following: Ordinance No. 89- -168 1. The location and extent to which grading will taste place indicating general contour lines, slope ratios, and slope stabilization proposals; ge 2. A statement from a registered engineer supported by factual data that all drainage facilities are designed in conformance with the City's master drainage plan. This shall be reviewed by the City Engineer; and j k 3. Identification information including the name and address of the owner, developer, project designer, and the project engineer. (Ord. 83-52) 18.80.170 The Landscape Plan AJ(a)] The landscape plan shall be prepared on the site plan and in _ addition shall show: 1. The conceptual location of the underground irrigation system or hose bibs; 2. The location and height of fences and other buffering or screening materials; 3. The location, size, and species of existing plant materials; <. r 4. General location and function of proposed plant materials (buffer, shading, cover, etc.); and , 5. The location of trees to be removed. The landscape plan shall be accompanied by a narrative description of: 1. The soil conditions and plant selection requirements relating to the sail rnnAitinns; 2. Plans for soil treatment such as stockpiling the top soil; WA 3. The erosion controls which will be used if necessary. (Ord. 83-52) 18.80.280 Sign Qrawirgs A. Specify location and size. (Ord. 83-52) 1 0rdinance No. 89— 169- 16.60.190 Exceptions to Underlying Zone, Yard, Parking, and Sian Provisions and the Landscaping Provisions ` A.[(a)] The Commission may grant an exception to the off-stre;:t pwin a ny dimensional and minimum number of space requirements in the applicable zone based on findings that: 1. The minor exception is not greater than 10 percent of the required parking; and 2. The application is for a use designed for a specific purpose which is intended to be permanent in nature (for example, a nursing home) and which has a low demand for off-street parking; or 3. T�,.n_-a is an opportunity for sharing parking and there is written evidence that the property owners are willing to enter into a legal agreement; or A. Public transportation is available to the site, reducing the standards and will not adversely affect adjoining uses; or, 5. There is a community interest in the preservation of particular natural features of the site which make it in the public interest to grant an exception to parking standar s. g.[(b)] The Commission may grant an exception to the sign dimensional i requirements in the applicable zone based on findings that: 1. The minor exception is riot greater than 10 percent of the required applicable dimensional standard for signs; 2. The exception is necessary for adequate identification of the use on the property; and 3: The sign will be compatible with the overall site plan, the structural improvements and with the structures and uses on adjoining properties. 9.[(c)] The Commission may grant an exception to the landscape requirements of this title upon a finding that: 1. The overall landscape plan provides for 20 percent of the . gross site area to be landscaped. (Ord. 63-52) 18.80.2100 Shared_Onnen Space A. Where the open space is desionated on the plan as common open space the following applies: E 1. The open space area shall be shown on the final plan and recorded with the Oirector; and y a ; Ordinance No, 89- -170- 2. The open space shall be conveyed in accordance with one of the following methods: a. [A] By dedication to the City as publicly owned and lal fL W ilCUJ an vjCi $MwavOpen, +j_.:-ce- proposed for dedication to the City must be acceptable to it w I.h regard to the size, shape, location, improvement, and budgetary and maintenance limitations; b. [B] By leasing or conveying title (including beneficial ownership) to a corporation, home association, or other legal entity, with the City retaining the development rights to the property. The terms of such lease or other instrument of conveyance must include provisions suitable to the City Attorney for guaranteeing the following: (i) The continued use of such land for the intended purposes; (ii) Continuity of property maintenance; (iii) When appropriate, the availability of funds required for such maintenance; (iv) Adequate insurance protection; and (v) pecov�ery for loss sustained by casualty and condemnation or otherwise; c. [C] By any method which achieves the ob;ectives set forth in Subsection (ii) of this section. (Ord. 83-52) gut Ordinance No. 89 —171- 3 �. v AM „ . x r� � �. t Chapter 18.82 HISTORIC OVERLAY DISTRICT t e Sections: 18.82.010 Purpose 18.82.015 Applicability of ProvisiorP&nd Initiation [ 18.82.020 Administration and Approval Process. Application for li District; Demolition of Structure I 18.82.030 Criteria for Historic Overlay District Designation 18.82.035 Criteria for Removal of Historic Overlay District Designation 18.82.040 Criteria for Exterior Alteration and New Constr11ction Criteria 18.82.050 Criteria for Demolition 18.82.050 Application Submission Requirements 18.82.070 The Site Plan 18.82.080 Architectural Drawings 18.82.090 Landscape Plan 18.82.100 Sign Drawings 18.82.110 Additional Information Required and Waiver of Requirements 18.82.010 Purpose A. The purpose of this chapter is to: Implement the comprehensive plan; 2. Effect and accomplish the protection, enhancement, and perpetuation of such improvements and of districts which represent or reflect elements of the City's cultural, social, economic, political, and architectural history; f4 3. Safeguard the City's historic, aesthetic, and cultural heritage as embodied and reflected in such improvements and districts; 4. Complement any registered historic or cultural areas designated in the City; f 5. Stabilize and improve property values in such districts; 6. Foster civic pride in the beauty and noble accomplishments of the past; 7. Protect and enhance the City's attractions to tourists and visitors and the support and stimulus to business and :X industry thereby provided; 8. Strengthen the econcmy of the City; re Ordinance No. 89- —172- 9. Promote the use of historic districts and :landmarks for the education, pleasure, energy conservation, housing, and ti public welfare of the City; and AW. Cwrry outthe provision- of LCOC Goal No. 5. (Ord, 83-52) - 18.82.015 Applicability of Provision+"and Initiation The historic overlay district shall apply to the following: 1. Historic sites and areas, Section 18.82.030; 2. Cultural sites and ares, Section 18.82.030; and 3. ' Landmarks, Section 18.82.030. The provisions of this chapter apply to: 1. The demolition of structureF within an historic overlay zone area, Section 18.82.050; and 2. The exterior alteration or new ccns .— n within the historic overlay zone area, Sectivn 18.. (Ord. 83-52) 18.82.0.20 Administration and Approval Process: Appl?cat.', listrict: Demolition of Structure A.[(a)] The applicant for an historic overlay district designation shall be as provided by Section 18.32.020; however, application for a demolition permit, or for new construction, or for alteration to an rwi:;ting structure shall be submitted by the record owner of the property or an agent authorized in writing by the owner. A preapplication conference with City staff is required. (See Section 18.32.040.) C.[(c)] Due to possible changes in state statutes, or regional or local policy, information given by staff to the, applicant during the preapplication conference is valid not more that six months: 1. Another preapplication conference is required if any applicati .^, i4 submitted more than six months after the preapplication conference; and 2. Failure of the Director to provide any of the information required by this chapter shall not constitute a waiver oil- the fthe standards, criteria or requirements of the applications. D.[(d)] The Historic Sites and Distri.ct3 Committee shall approve, approve with conditions, or deny any application filed under the provisions of this chapter. The Historic Sites and Districts Committee shall apply the standards , set forth in Sections 18.82.030, 18.82.040 or 18.82.050 as appropriate, when reviewing' an application. Ordinance No. 89 —173- -7.7 173 AM I. The Historic Sites and Districts Committee shall consist of one City Councilor, one [planning] Commission member and one planning staff member, and be appointed each time service is required; and 2. Decisions of the 'Historic Sites and Districts Committee shall be made in a public meeting, notice of which has been posted at least five [seven] days prior to the meeting. The decision of the Historic Sites and Districts Committee may be reviewed by the City Council in accordance with Subsection 18.32.310.B. The Director shall mail notice of any application to the persons who have a right to receive notice of a hearing before the Historic Sites and Districts Committee in accordance with Section 18.32.130. (Ord. 86-02; Ord. 83-52) 18.82.030 Criteria for Historic Overlav District Designation A. [(a)] Approval of an historic overlay district designation shall be made when the Historic Sites and Districts Committee finds that any of the following criteria have been met: 1. The proposed district or landmark would serve the purpose of the historic overlay district as stated in Section 18.82.010, Purpose; 2. The site or area proposed for the designation reflects the broad cultural or natural history of the community, state, or nation; 3. The site or area is identified with historic personages, or with important events in national, state, or local history; w. The site or area proposed for the designation embodies the distinguishing characteristics of an architectural specimen inherently valuable for a study of a period, style, or method of construction; or 5. The proposed site or area is a notable work of a master builder, designer, or architect. B.[(b)] The age of a specific building is not sufficient in itself to warrant designation as historic. (Ord. 86-02; Ord. 83-52) 18.82.035 Criteria for Re:voval of Historic Overlay District Designation A.[(a)] Removal of an historic overlay district designation shall be made when the City Council finds that any of the following criteria have been met: a `t e, !ordinance No. 89— -174- I. The original historic overlay district designation was placed on the site in error; A, 2. The resource designated with the historic overlay district designation has ceased to exist; 3. The resource designated with the historic overlay di;i".rict '': designation is no longer of significance to the public; or 4. The historic for c overlay district designation is causing the property owner to bear an unfair economic burden to maintain the property as an historic or cultural resource. (Ord. 86-02) 18.82.040 Criteria for Exterior Alteration and New Construction Criteria A.[(a)] Except as provided pursuant to Subsection 18.82.040.E, no person shall alter any structure in an historic overlay district in a manner as to affect its exterior appearance, nor may any new structure be constructed in an historic district unless approved by the Historic Sites and Districts Committee. Exterior remodeling, as governed by this chapter, shall include[s] any change or alteration in design or other exterior treatment e.cluding painting. For exterior alterations of structures in an historic overlay district, the criteria to be used by the Historic Sites and Districts Committee in reaching the decision shall include the following: ' 1. The purpose of the historic overlay district as set forth in Section 18.82.010; 2. The provisions of the Tigard comprehensive plan; 3. The economic use of the structure in a historic overlay district and the reasonableness of the proposed alteration and their relationship to the public interest in the structure's or landmark's preservation or renovation; 4. The value and significance of the structure or landmark in an historic overlay district; S. The },ieyax4ai Coiftsxtat'iie of the structure or aana�mark xn an historic overlay district; 6. The general compatibility of exterior design, arrangement, proportion, detail, scale, color, texture, and materials proposed to be used with an existing structure in an historic overlay district; g Ordinanye No, 89— —175— q, 7. Pertinent aesthetic factors as designated by the Hearings officer; and 8. Economic, social, environmer:tal, and energy consequences related to LCDC Goal No. 5. If alteration of the historic resource is intended, a condition of approval shall be that insofar as feasible and as funds are available, the Washington County Museum shall obtain: 1. A pictorial and graphic history of the resource; and 2. Artifacts from the resource it deems worthy of preservation. E.[(e)] For construction of new structures in an historic overlay district, the criteria to be .used by the Historic Sites and Districts Committee [hearings officer] in reaching the decision shall include the following: 1. The purpose of the historic overlay district as set forth in Section 18.82.010; 2. The provisions of the Tigard comprehensive plan; 3. The economic effect of the new structure on the historic value of the district; ( 4. The visual effect of the proposed new structure on the architectural character of the district; 5, The general compatibility of the exterior design, arrangement, propor=tion, detail, scale, color, texture, and materials proposed to be used in the construction of the build-11 nr structu q-, and 6. Economic, social, environmental, and energy consequences related to LCDC Goal No. 5. Nothing in this chapter shall be construed to prevent the erdinary maintenance or repair of any architectural features which do not involve a change in design, material or the outward appearance of such feature which the Building official shall certify [certifies] is required for the public safety because of its unsafe or dangerous condition. (Ord. 86-02; Ord. 83-52) 18.82.050 Criteria for Demolition A.[(a)] No person shall demolish a structure located within an historic overlay district unless it is approved under the provisions of this chapter, ` 3 Ordinance No. 99— -176�- h. 8.[(b)] In determining th:a decision regarding a requested demolition permit, the Historic Sites and Districts Committee shall consider the following criteria: 1. The Tigard comprehensive plan; 2. The purpose of this chapter as set forth in Section 18.82.010; 3. The criterii used in the original designation of the district in which the property under consideration is situated; A. The historical and architectural style, the general design, arrangement, materials of the structure in question, or its appurtenant fixtures; the relationship of such futures to similar foatures of the other buildings within the district, and the position of the building or structure in relation to public rights—of—way, and to other buildings and structures in the area; 5. The effects of the proposed work upon the protection, enhancement, perpetuation, and use of the district which cause it to possess a special character or special historical or aesthetic interest or value; 6. Whether denial of the permit will subject the City to potential liability, involve substantial hardship to the applicant, and whether issuance of the permit would act to the substantial detriment of the public welfare and would be contrary to the intent and purposes of this title [code]; and 7. the economic, social, environmental and energy consequences related to LCDC Goal No. 5. If demolition of the historic resource is intended, a condition of approval shall be that insofar as feasible and as funds are available, the Washington County Museum shall obtain: 1. A pictorial and graphic history of the resource; and 2. Artifacts from the resource it deeds worthy of preservation. (Ord. 86-02; Ord. 83-52). 18.82.060 Application Submission Requirements A. [(a)] All applications shall be wade on forms provided by the Director and shall be accompanied by: Ordinance No. 89— —177- i i I. Five copies of the historic overlay district, exterior alteration, new construction or demolition site plan(s) and necessary data or narrative which explains how the proposal conforms to the standards: („ a. [A] Sheet size for the proposed site plan and required drawings shall preferably not exceed 18 inches by 24 inches; and , b, [B] The scale of the site plan shall be anengineerinq scale; [20 feet, 50 feet, 200 feet or 200 feet to the inch;] and S. [C] All drawings- of structure elevations shall be a ' standard architectural scale, being 1/4 inch or 1/8 inch; 2. A list of the names and addresses of all who are property j owners of record within 30 days before the application and , whose property is within 250 feet of the site; and 3. The required fee. The required 'information may be combined and does not have to be placed on separate maps. (Ord. 86-02, Ord. 83-52) 18.82.070 The Site Plan A. The proposed historic overlay district plan shall include the following information: 1. The proposed site and surrounding properties; � 2. The locwUan, dimensions, and names of all existing streets; 3. The location and dimension of: [A] Entrances and exits on the site; [B] Parking and circulation areas; c. [C] Loading and services areas; - E d. [0] Pedestrian and bicycle circulation; m, [E] Outdoor common areas L. [F] Above around utilities; and P [G] Existing landscaping; s Ordinance No. 89- s 4. The location, dimensions, and setback distances of all: 'i E a. [A3 Existing Structures, improvements, and utilities which @ are located within 25 feet of the sites and are on p adjoining property; and b, [8] Proposed structures, improvements, landscaping and utilities on the site. (Ord. 83-52) : s le,82.080 Architectural Drawin s A. The historical overlay district plan proposal shall include: 1. Flour plans indicating the square footage of all structures ' existing and proposed for use on—site; and 2. Elevation drawings of each proposed structure and elevation 4 drawings or photographs of each existing structure. (Ord. 83-52) i 18 lan w A, The landscape plan shall be drawn at the same scale as the site plan or a larger scale if necessary and shall 'indicate: 1. Location and height of fences, buffers, and screenings; 2. Location of terraces, decks, shelters, and common open spaces; and 3. Location, type, size and species of existing and proposed 18.82.100 Sign Drawings A. Sign drawings shall be submitted in accordance with Chapter 18.114. (Ord. 83-52) 18.82.110 Additional informations Reguired and Ma'ver of Requirements The Director may require information in addition to that required by this chapter in accordance with Subsection 18.32.08^v.A. The Director may waive a specific requirement for information in accordance with Subsections 18.32.080.0 and C. (Ord. 83-52) —09— Ordinance leo. 89- Chapter- 18.84 SENSITIVE LANDS Sections 18.84.010 Purpose 18.84.015 Applicability of Uses: Permitted, Prohibited, and Nonconforming 18.84.020 Administration and Approval Process 18.84.025 Maintenance of Records 18.84,026 General Provisions 18.84.030 Expiration of Approval: Standards of Extension of Time 18.84.040 Approval Standards 18.84.045 Exception for Development in the 108th/113th Ravine Significant Wetlands Areas below the 140 Feet Elevation 18.84.048 Significant Wetlands 18.84.050 Application Submission Requirements 18.84.050 Additional Information Required and Waiver of Requirements 18.84.070 Site Conditions :8.84.080 The Site Plan 18.84.090 Grading Plan 18.84.100 Landscaping Plan 18.84.0100PPuroose Sensitive lands are lands potentially unsuitable for development because of their location within the 100—year floodplain, within natural drainageway, on steep slopes, cr on unstable ground. 8.[(b)] Sensitive land areas are designated as such to protect the public health, safety, and welfare of the community through the regulation of these sensitive land areas. �.[(c) Sensitive land regulations contained in this chapter are intended to maintain the integrity of the rivers, streams, and creeks in Tigard by minimizing erosion, promoting bank stability, maintaining and enhancing water quality, and fish and wildlife habitats, and preserving scenic quality and recreational potentials. 0.[(d)7 The redulatin s of thI haps._. __ r____..n, i 6117 illa¢+V�r ai'8 intended to implement the comprehensive plan and the Federal Emergency Management Agency's flood insurance program, and help to preserve natural sensitive land areas from encroaching use and to maintain the September 1981 zero-foot rise floodwav elevation. Ordinance No 89— -180- 71 E.[(e)] The areas of special flood hazard identified by the Federal Insurance administration in a scientific and engineering report entitled "The Flood Insurance Study of the City of Tigard," dated September 1, 1981, with accompanying Flood Insurance Maps (updated February, 1984) is hereby adopted by reference and declared to be a part of this chapter. This Flood Insurance Study is on file at the Tigard Civic Center. When base flood elevation data has not been provided in accordance with Subsection 18.84.010.H, the Director shall obtain, review anO reasonably utilize any base flood elevation and floodway data available from a federal, state or other source, in order to administer Subsections 18.84.026.I and J). Where elevation data is not available either through the Flood Insurance Study or from another authoritative source, applications for building permits shall be reviewed to assure that proposed construction will be reasonably safe from flooding. The teat of reasonableness is a local judgment and includes use of historical data, high water marks, photographs of past flooding, etc. , where available. Failure to elevate at least two feet above grade in these sensitive land areas may result in higher insurance rates. (h)] City actions under this chapter will recognize the rights of riparian owners to be fr" to act on the part of the City, its Commissions, representatives and agents, and land owners and occupiers. For the purposes of this chapter, the word "structure" shall exclude: children's play equipment, picnic tables, sand boxes, shelters, grills, Nnd basketball hoops. (Ord. 87--66 Ord. 87-32; Ord. 83-52) 18.84.015 applicability of Uses: Permitted, Prohibited and Nonconforming &.[(a)] Except as provided by Subsection 18.84.015.8, the following uses are outright permitted uses within sensitive land areas 1. Accessory uses such as lawns, gardens, or play areas; 2. Agricultural uses conducted without lacatinJ a structure within the sensitive land area; 3. Community recreation uses such as bicycle and pedestrian paths or athletic fields or parks, excluding structures; 4. Public and private conservation areas for water, soil, open space, forest, and wildlife resources; 5. Removal of poison oak, tansy ragwort, hlackoerry, or other noxious vegetation; Ordinance No. 69- -181- t b. Maintenance of floodway excluding rechannaling; and 7, Fences, except in the floodplain area, Separate permits shall be obtained from the appropriate community development division for the following: (1) Installation of underground utilities ->rci construction of roadway improvements including sidewalks, curbs, streetlights, and driveway aprons; (2) Minimal ground disturbance(s) but no landform alterations; and (3) Repair, reconstruction, or improvement of an existing structure or utility, the cost of which is less than 50 percent of the market value of the structure prior to the improvement or the damage requiring reconstruction provided no development occurs in the floodway. The Hearings Officer shall grant a sensitive lands permit upon review of requests for a land form alteration or development within the 100--year floodplain. [(d)] The following uses and activities are permitted only by a sensitive lands permit granted by the Director: (1) A landform alteration or development on slopes of 25 percent or greater and unstable ground; (2) land farm alteration or development of areas outside of the 100—year floodplain within a drainageway where there is year—round water flow, unless: a. [(t3)] The drainageway is proposed to be 'incorporated into a public facility of adequate size to accommodate maximum water flow in accordance with the adopted 1981 Master Drainage Plan. R sensitive lands permit approval shall be obtained before construction or development begins within any area of special_ f�:SOQ ifa�aP� V� -r ea-nag�eway as �9�a4�1;whorl in Stiction 18.84.015.8 and C [subsections (b) and (c) of this section] . The permit shall apply to all structures including manufactured homes. Except as explicitly authorized by other provisions of this chapter, all other uses are prohibited on sensitive lane areas. f- ; Ord it,ance No. 89- -192- AN w > x G.[(g)I A use established prior to the adoption of this title [code], w ici4 �atould be prohibited by this Chapter or which would be subject to the limitations and controls imposed by this Chapter, shall be considered a nonconforming use. Nonconforming uses shall be subject to the provisions of Chapter 18.132. (Ord. 87-66; Ord. 87-32; Ord. 84-36; Ord. 83-52) 18.84.020 Administration and Approval Process The applicant for a sensitive lands permit shall be the recorded owner of the property or an agent authorized in writing by the owner. € A preapplication conference with City staff is required. (See Section 18.32.040.) Due to possible changes in state statutes, or regional or local policy, information given by staff to the applicant during the preapplication conference is valid for not more than six months: 6 1. Another preapplication conference is required if any ` variance application is submitted more than six months after the preapplication conference; and 2. Failure of the Director to provide any of the information required by this chapter shall not constitute a waiver of the standard, criteria or requirements of th? application. D.[(d)] The Hearings Officer shall approve, approve with conditions, or deny an application for a sensitive lands permit as set forth in Section 18.84.015 C[(B)(1)(2)(3), excluding subsections (B)(3)(a) and (3)(b)3. The Hearings Officer's decision may be reviewed by the Council as provided by Subsection 18.32.310.8. ..[(e)] The Director shall approve, approve with conditions, or deny an application for a sensitive lands permit as set forth in Section[s] 18.8.1.015.0.[(8)(4).] The decision made by the r Director may be appealed to the [planning] Commission as provided by Subsection 18.32.310.A. '.[(f)] The appropriate approval authority shall review all sensitive lands permit applications to determine that all necessary permits shall be obtained from those federal, state, or local governmental agencies from which prior approval is also required. is Y The Director shall notify communities adjacent to the affected E area and the State Department of land Conservation and Development prior to any alteration or relocation of a watercourse, and submit evidence of such notification to the Federal Insurance Administration. } f" Ordinance No. 89-- ._183•- N.[(h)] The Director shall require that maintenance is provided within the altered and relocated portion of said watercourse so that the flood-carrying capacity is not diminished. r L_ The Hearings Officer Office�, and the Director shall apply the standards �. set forth in Section iO.84.040 when r=eviewin=g an application for a sensitive lands permit. ?.[(j)] The Director shall give notice of applications to be heard by the Hearings Officer as provided by Section 18.32.130. k i K.C(k)3 The Director shall mail notice of any sensitive lands application decision to the persons entitled to notice under Section 18.32.120. (Ord. 87-66; Ord. 87-32; Ord. 83-52) t 18.84.025 Maintenance of Records { Where base flood elevation data is provided through the Flood Insurance Study, the Building Official shall obtain and record } the actual elevation (in relation to mean sea level) of the lowest floor (including basement) of all new or substantially improved structures, and whether or not the structure contains a basement. For all new or substantially floodproofed structures, the {E Building Official shall: 1. Verify and record the actual elevation (in relation to mean sea level); and 2. Maintain the floodproofing certifications required in this chApt=r. For all new or substantially floodproofed structures, the Director shall: 1. Maintain for public inspection all other records pertaining to the provisions in this chapter. (Ord. 87-66; Ord. 87-32; Ord. 83-52) 18.84.026 General Provisions a.[(a)] The appropriate approval authority shall review all permit applications to determine whether proposed building sites will be safe from flooding. §.[(b)] All new construction and substantial improvements shall be constructed with materials and utilize equipment resistant to flood damage. All new construction and substantial improvements shall be constructed using methods and practices that minimize flood ..`,. dam&in Ordinance No. 09-- --184- D.[(d)] Electrical, heating, ventilation, plumbing, and air—conditioning equipment and other serv,:e facilities shall be designed and/or otherwise elevated or located so as to prevent water from entering or accumulating within the components during conditions of flooding. E.[(e)3 All new and replacement water supply systems shall be designed to minimize or eliminate infiltration of floodwaters into the system in accordance with the Uniform Building Code and Uniform Plumbing Code. All new construction, all manufactured homes and substantial improvements shall be anchored to prevent flotation, collapse, or lateral movement of the structure. G. [(g)) New and replacement sanitary sewerage systems shall be designed to minimize or eliminate infiltration of floodwaters into the systems and discharge from the systems into floodwaters. H.[(h)] On—site water disposal systems shall be located to avoid impairment to them or contamination from them during flooding. %.[(i)] Residential Construction 1. New construction and substantial improvement of any residential structure shall have the lowest floor, including basement, elevated to or above base flood 4 elevation; and 2. Fully enclosed areas below the lowest floor that are subject to flcoding are prohibited, or shall be designed to automatically equalize hydrostatic flood forces on exterior walls by allowing for the entry and exit of floodwaters. Designs for meeting this requirement must either be certified by a registered professional engineer or architect, or must meet or exceed the following minimum criteria: [Aj A minimum of two openings having a total net area of not less than one square inch for every square foot of enclosed area subject to flooding shall be provided b. [B] The bottom of all openings shall be no higher than one foot above grade; and c. [C] Openings may be equipped with screens, louvers, or anther coveri%c or devices, provided that they permit the automatic entry and exit of flood waters. J.[(j)] Nonresidential Construction Ordinance No. 89 -189— 1. New construction and substantial improvement of any commercial, industrial, or other nonresidential structure shall either have the lowest floor, including basement, elevated to the level of the base flood elevation, or sse together with attendant utility and sanitary facilities, MENEM shall: a. [A] Be floodproofed so that below the base flood level the structure is watertight with walls substantially impermeable to the passage of water; b. [B] Have structural components capable of resisting hydrostatic and hydrodynamic loads and effects of buoyancy; c. [C] Be certified by a registered professional engineer or architect that the design and methods of construction are in accordance with accepted standards of practice for meeting provisions of this subsection based on their development and/or review of the structural design, specifications and plans. Such certifications shall be provided to the Building Official as set forth in Subsection 18.84.025.8; and d. [D] Nonresidential structures that are elevated, not floodproofed, must meet the same standards for space below the lowest floor as described in 18.84.026.1.2. • ; Applicants floodproofing nonresidential buildings shall be notified that flood insurance premiums will be based on rates that are one foot below the floodproofed level (e.g. , a building constructed to the base flood level will he rated as one foot below that level), (Ord. 87-66; Ord. 87-32) 18.84.030 Expiration of Approval: Standards of Extension of Time Ala% &J(a)] Approval of a sensitive lands permit shall be void after -# [one] years: 1. Unless substantial construction of the approved plan has begun within a two [one]—year period; or 2. If construction on the site is a departure from the approved plan. The original approval authority shall, upon written request by the applicant and payment of the required fee, grant an extension of the approval period not to exceed ene dear [six months]; provided that: 1. No changes are made on the original plan as approved by the approval authority; a'9 Ordinance No, 89- -186- 2. The applicant can show intent of initiating construction of the site within the one year [six-month] extension period; and 3, There have been no changes in the facts or the applicable policies and ordinance provisions on which the approval was based. The decision of the approval authority may be reviewed by the Council as provided by Subsection 18.32.10.°. (Ord. 87-55; Ord. 87-32; Ord. 83-52) 18.84.040 Approval Standards (a)] The Hearings Officer shall make findings that all of the following criteria are satisfied when approving, approving with conditions, or denying an application request within the 100-year floodplain: a 1. Land form alter-ations shall preserve or enhance the floodplain storage function and maintenance of the zero-foot rise floodway shall not result in any narrowing of the floodway boundary; 2. The land form alteration or development within the 100-year floodplain shall be allowed only in an area designated as commercial or industrial on the comprehensive plan land use map 3. Where a land form alteration or development is permitted to occur within the floodplain it will not result in any increase in the water surface elevation of the 100-year flood; 4. 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 by the Hearings Officer as untimely; 5. The plans for the pedestrian/bicycle pathway indicate that no pathway will be below the eleva-Lion of an average annual flooda b. The necessary U.S. Army Corps of Engineers and State of Oregon Land Board, Division of State Lands approvals shall be obtained; and [.]. 7. Where land form alterations and/or development are allowed within and adjacent to the 100-year floodplain, the City shall require the dedication of sufficient open land area within and adjacent to the floodplain in accordance with the comprehensive plan. This area shall include portions of a suitable elevation for the construction of a pedestrian/bicycle pathway within the floodplain in accordance with the adopted pedestrian/bicycle pathway plan. Ordinance No. 89- -187- 8.[(b)] The Director shall make findings that all of the following criteria are satisfied when approving, approving with conditions, or denying an application request for a ser.=itive lands permit on slopes of 25 percent or greater or unstable ground: 4 1. The extent and nature of the proposed land form alteration or development will not create site disturbances to an extent greater than that required for the use; 2. The proposed land form alteration or development will not result in erosion, stream sedimentation, ground instability, or other adverse on-site and off-site effects or hazards to life or property; 3. The structures are appropriately sited and designed to ensure structural stability and proper drainage of foundation and crawl space areas for development with any of the following soil conditions: wet/high water table; high shrink-swell capability; compressible/organic; and shallow depth-to--bedrock; and 4. Where natural vegetation has been removed due to land form alteration or development, the areas not covered by structures or impervious surfaces will be replanted to prevent erosion in accordance with Chapter 18.100, r Landscaping and Screening. The Director shall make findings that all of the following criteria are satisfied when approving, approving with conditions, or denying an application request for a sensitive lands permit within drainageways: t 1. The extent and nature of the proposed land form alteration or development will not create site disturbances to the extent greater than that required for the use; 2. The proposed land form alteration or development will not result in erosion, stroam sedimentation, ground instabiiP-7, or other adverse on-site and off-site effects or hazar-:. to life or property; 3. The water flour capacity of the drainageway is nc,t decreased; [and] A. Where natural vegetation has been removed due to land for: alteration or development, the areas not covered by structures or impervious surfaces will be replanted to prevent erosion in accordance with Chapter 18.100, Landscaping and Screening; ordinance No. 89- ISO- 5. The drainageway will be replaced by a public facility of adequate size to accommodate maximum flow in accordance ' with the adopted 1981 Master Drainage Plan. 6. The necessary U.S. iTiy L__p_ of 'Engineers and St—ate of Oregon Land Board, uivisiun of Scat: Lands approvals shall be obtained. 7. where landform alterations and/or development are allowed within and adjacent to the 100—year floodplain, the City shall require the dedication of sufficient open land area within and adjacent to the floodplain in accordance with the Comprehensive Plan. This area shall include portions of a suitable elevation for the construction of a pedestrian/bicycle pathway within the floodplain in accordance with the adopted pedestrian bicycle pathway plan. (Ord. 87--66; Ord. 87--32; Ord. 86-08; Ord. 84-29; Ord. 83-52) 18,84.045Exception for Development of the 108th/113th Ravine Significant Wetlands Area below the 140 Feet Elevation A. Under the sensitive lands permit process, the Director may allow portions of the ravine at 108th and 113th, designated as a significant wetlands area, to develop provided that all of the following criteria are met: f 1. All of the land (within the ravine) being considered for development is less than 25 percent slope; 2. There are no unstable soil conditions on the land being c,*nsidered for development; and 3. The provisions of Chapter 18.150, Tree Removal, shall be met. (Ord. 87-66; Ord. 87-32; Ord. 83-52) 18.84.048 Significant Wetlands A. Development is prohibited within all areas designated as significant wetlands on the Floodplain and Wetlands kap. eed lcmmit onrp�o rty adjacent to significant wetlands shall a_.. be done under the rslann�+ ��.,elsnt section of the Community Develoe nt Code In addition, ho development shall occur on prooQrty adjacent to areas designated as significant wetlands on the Floodallain and Wetlands Map within 25 feet of the desi nited wetlands area z Ordinance No 89- -189- 18.84.050 Application Submission Requirements All applications shall be made on forms provided by the Director (£ - and shall be accompanied by: 1. Five copies of the sensitive lands permit proposal and necessary data or narrative which explains how the proposal conforms to the standards, and: a. The site plan(s) and required drawings shall be on sheets not exceeding 18 inches by 24 inches unless a larger scale is approved by the Director; [and] b. The scale for the site plan(s) shall be a standard engineering scale; and C. All drawings or structure elevations or floor plans shall be a standard architectural scale, being 1/4 inch by 1/8 inch to the foot; 2 A list of t a p- h� names and auurddra ass�8 u►= all rsans who are property owners of record within 250 feet of the site; and 3. The required fee. The required information may be combined on one map. C.[(c)] The site plan(s), data and narrative shall include the following: t 1. An existing site conditions analysis, Section 18.84.070; 2. A site plan, Section 18.84.080; 3. A grading plan, Section 18.84.090; a+?d hilF 4. A landscaping plan, Section 18.84.100. (Ord. 87-66; Ord. 87-32; Ord. 83-52) 39.84.060 . Additional Information Reguired and Waiver of Requirements .[(a)] The Director may require information in addition to that required by this chapter in accordance with Subsection 18.32.08O.A. The Director may waive a specific requirement for information in accordance with Subsections 18.32.080.B and C. (Ord. 87-66; Ord, 87-32; Ord. 83-52) 18.84.070 Site conditions A.[(a)] The site analysis drawings shall include: Ordinance No. 89- —190- -MR 190— _. .., 1 I, A vicinity map showing streets and access points, pedestrian and bicycle pathways, and utility locations; 2. The site size and its dimensions; 3. Contour lines at two—foot intervals for grades zero to ten percent and five—foot intervals for grades over ten percent; F 4. The location of drainage patterns and drainage courses; 5. The location of natural hazard areas including: a. [A] Floodplains areas (100—year floodplain and floodway); b� [B] Slopes in excess of 25 percent; c. [C] unstable ground (areas subject to slumping, earth slides or movement); S [0] Areas having a high seasonal. water table within 24 l inches of the surface for three or more weeks of the year; B. [E] Areas having a severe soil erosion potential, or as ; defined by the Soil Conservation Service; and �. [F] Areas having severe weak foundation soils; { 6, The location of resource areas as shown on the comprehensive plan inventory map and as required in Section 18.84.035 including: [A] Wildlife habitat; and b. [B] Wetlands; 7. The location of site features including: �. [A] Rock outcroppings; and b. (8] Trees with six inches caliper or greater measured four feet from ground level; 8. The location of existing structures on the site and proposed use of those structures. (Ord. 87-66; Ord. 87-32; Ord. 83-52) 18.84.080 The Site Flan A J(a)] The proposed site development plan shall be at the same scale as the situ analysis plan and shall include the following information: yr e ! Ordinance No. 89-- —191— maw =K. fN E 1. The proposed site and surrounding properties; `s 2. Contour line intervals (see Section 18.84.070 (A)(3)); 3. The location, dimensions, and names of all; and platted streets and other public ways and iL [A] Existing and easements on the site and on adjoining properties; ! b. [g] .proposed streets or other public ways and easements on the site; 4. The location and dimension of: a. [A] ' Entrances and exits on the site; , b [B] parking and traffic circulation areas; c. [C] Loading and services areas; Pedestrian and bicycle fac,l_"As: E outdoor common areas; and ra C ] r, [r] Jtilir-;es; g, The location, dimensions, and setback distances of all: [A] Existing structures, improvements, and utilities which adjacent property within 25 feet of the are located on a jR � site and are permanent in nature; and b, [8] Proposed structures, improvements, and utilities on the site; 6. The location of areas to be landscaped; [anJ3 The concept locations of proposed utility lines; and 8, The method for mitigating any adverse impacts upon wetland, riparian, or wildfire habitat areas. (Ord. 87-66; Ord. 87-32; Ord. 83-52) . 18 84 090 Gradan Plan The site plan shall include a grading plan which contains the following information: 1. Requirements in sections 18.84.070 and 18.84.080 2, The identification and location of the benchmark and corresponding datum; —392- ordinance No. 83 r.. _ _ i 3. Location and extent to which grading will take place j indicating contour lines, slope ratios, and slope stabilization. proposals; and 4. A statement from a registered engineer supported by factual i data substantiating: a. [A] The. validity of the slope stabilization proposals; i b. [8] That other off-site impacts will not be created; f F c. [C] Stream flow calculations; Cut and fill calculations; and e. [E] Channelization measures proposed. (Ord. 87-66; Ord. 87-32; Ord, 83-52) 18.84.100 Landscape Plan j(a)] The landscape plan shall be drawn at the same scale as the site analysis plan, or a larger scale if necessary, and shall indicate: 1. Location and height of fences, buffers, and screenings; ` 2. Location of terraces, decks, shelters, play areas, and common open spaces where applicable; and 3. Location, typo_, and size of existing and proposed plant materials. .' j(b)] The landscape plan shall include a narrative which addresses: l: 1. Soil conditions; and 2. Erosion control measures that will be used. (Ord. 87-66; Ord. 87-32; Ord. 83-52) d i - i E ; E 4 k t Ea Ordinance No. Bit- -193-- 1 Chester 18.86 ACTION AREAS Sections: 18.86.010 Purpose 18,86.015 Applicability 18.86.020 Permitted Use 18.86.030 Prohibited Use for New Developments 18.86.035 Conditional Use 18.86.040 Interim Requirements 18.86.010 Purpose A. This chapter is designed to implement the policies of the comprehensive plan for action areas which include provisions for a mixture of intensive land uses. (Ord. 87-56) r 18.86.015 Applicability The provisions of this chapter apply to action areas as designated on the Comprehensive Plan Map: Land Use; All development within an action area is subject to the review and application requirements under Sections 18.120.010 through 18.120.100 and Chapter 18.130 as modified in this chapter. (Ord. 87-56) 18.86.020 Permitted Use A. Permitted use allowed in an action area shall be as specified in the underlying zoning district, (Ord. 87-56) 18 8b 030 Prohibited Use for New Developments A. The following use is prohibited for new developments: 1. Outdoor storage of materials, products, or supplies. Pio expansion of existing outdoor storage area will be permitted; 2. Overnight on—site outside storage of fleet vehicles in excess of two single—axle trucks; AIA 3. Overnight on-site outside storage of construction equipment. (Ord. 87-56) Ordinance No. 89- 194- 18.86.035 Conditional Use A. The following are conditional uses ii-i action areas: �* 1. Drive—up windows. (See standards contained in Chapter 18,130); and 2. Any other use specified as a conditional use in the underlying zone. (Ord, 87-56) 18.86.040 Interim Requirements A. In the absence of an adopted design plan, the following issues, under Subsection 18.86.040.A.i.c must be addressed for new developments as necessary to serve the use and provide for projected public facility needs of the area, pursuant to Chapter 18.164 as determined by the [planning] .Director. 1. The City may attach conditions to any development within an action area prior to adoption of the design plan to achieve the following objectives: a. [A) The development shall address transit usage by residents, employees, and customers if the site is within 1/4 mile of a public transit line or transit stop. Specific items to be addressed are as follows: (i) Orientation of buildings and facilities towards transit services to provide for direct pedestrian access into the building(s) from transit lines or stops; (ii) Minimizing transit/auto conflicts by providing direct pedestrian access into the buildings with limited crossings in automobile circulation/ parking areas. If pedestrian access crosses P automobile circulatit,n/parking areas, paths shall be marked for pedestrians; (iii) Encouraging transit—supportive users by limiting automobile support services to collector and arterial streets; and (iv) Avoiding the creation of small scattered parking areas by allowing adjacent deve?opmentc to use shared surface parking, parking structures, or under—structure parking; b, [8] The development shall facilitate pedestrian/bicycle circulation if the site is located on a street with designated bikepaths or adjacent to a designated k greenway/open space/park. Specific items to be addressed are as follows: Ordinance No. 89- _145— ,Fm y , (i) Provision of efficient, convenient and continuous Pedestrian and bicycle transit circulation ( systems, linking developments by requiring dedication and construction of pedestrian and bikepaths identified ' tha if direct connectionscannot~ube� madely require that funds in the amount of the construction cost be deposited into an account for the purpose of constructing paths; (ii) Separation of auto and truck circulation activities from pedestrian areas; (iii) Encouraging pedestrian—oriented design by requiring pedestrian walkways and street level windows along all sides with public access i;�to the building; (iv) Provision of bicycle parking as required under Subsection 18,I06 .020.rn, and (v) Ensure (Insure] adequate outdoor lighting by lighting pedestrian walkways and auto circulation areas. S-- [C] Coordination; of development within th action area. Specific items to be addressed are as follows: (i) Continuity and/or compatibility of landscaping, circulation, access, public facilities, and other improvements, Allow required landscaping areas to be grouped together. Regulate shared access where appropriate. Prohibit lighting which shines on adjacent property; (ii) Siting and orientation of land use which considers surrounding land use, or an adopted plan. Screen loading areas and refuse dumpsters from view. Screan commercial and industrial use from single--family residential through landscaping; and (iii) Provision of frontage roads or shared access where feasible. (Ord. 87-56) S i Ordinance No. 8g— � 356 s: rW ;, Chapter 18.90 ENVIRONMENTAL PERFORMANCE STANDARDS Sections: 18.90,010 Purpose 18.90.020 General Provisions 18.90.030 Noise 18.90.040 Visible Emissions 18.90,050 Vibration 18.90.060 Odors 18.90.070 Glare and Heat 18.90.080 Insects and Rodents 18.90.010 Purpose environmental laws, rules, and regulations to development within the City of Tigard. (Ord. 83-52) 18.90.020 General Provisions In addition to the regulations adopted in this chapter, each use, activity, or operation within the City of Tigard shall comply with the applicable state and federal standards pertaining to noise, odor, and discharge of matter into the atmosphere, ground, sewer system, or stream. 9_.[(b)] Prior to issuance of a building permit, the Direct-'^ may require submission of evidence demonstrating compliance with state, federal, and local environmental regulations and receipt of necessary permits. Air, Contaminant Discharge Permits (RCDP) or Indirect Source Construction Permits (ISCP). Compliance with state; federal, and local environmental regulations is the continuing obligation of the property owner and operator. (Ord. 84-24; Ord. 83-52) s 18.90.030 Noise A. The following additional restrictions are incorporated with the State Department of Environmental Quality (DEQ) standards for purposes of City noise regulation: 1. For purposes of measuring permitted sound levels from noise generating sources under the provisions of DEQ rules any point where a noise sensitive building could be constructed under the provisions of this titl [code] shall apply as if such point contained a noise sensitive building; t Ordinance No. 89 -197— 2. Within the industrial Nara; (2—P) zoning district, each property or building under separate ownership from a noise gene=rating source shall be considered a noise sensitive A property under the provision of REQ rules with the exception that the allowable noise levels may be increased by five db; and 3. The construction including excavation, demolition, alteration, or repair of any building, except where a special permit has been issued by the Directorunder the provisions of Section 18.90.020, other than between the hours of seven a.m. and nine p.m. which involves any loud, disturbing or unnecessary noise in the City, shall be deemed [is] disorderly conduct and therefore unlawful. (Ord. 83-52) 18.90.040 Visible Emissions H. With.-In the coirmer ci l zoning distracts and the industrial park zoning district, there shall be no use, operation, or activity which results iii a stack or other point source emission, other than an emission from space heating, or the emission of pure uncombined water (steam) which is visible from a property line. Department of Environmental Quality rules for visible emissions (340-21-015 and 340-28-070) apply. (Ord. 84--24; Ord. 83-52) 18.90.050 Vibration Ai No vibration other than that caused by highways vehicles, trains, and aircraft is permitted in any given zoning district which is discernible without instruments at the property line of the use concerned. (Ord 83-52) 18.90.0190 Odors A. The emission of odorous gases or other matter in such quantities as to be readily detectable at any point beyond the property line of the use creating the odors is prohibited. DEQ rules for odors (340-029-090) apply. (Ord. 84-24; Ord, 83-52) 18.90.070 Glare and Heat A. No direct or sky-reflected glare, whether from floodlights or from high temperature processes such as combustion or welding or otherwise, which is visible at the lot line shall be permitted, and: 1. There shall be no emission or transmission of heat or heated air which is discernible at the lot line of the source; Ind Ordinance No. 89a _198— 2 These regulations shall not apply to signs or floodlights this ' kin areas or construction equipment ermitted byt the e of is in parking or excavation work otherwise construction I-) title [code], (Ord. 83-5 : Insects and Rodents 19 go.Ogp rounds All materials including wastes shall be scored and all g A. create a health -�,a11 hp maintained in a mann ��odentsxl or attract or aid the propagation of insects hazard. (Ord. 83-52) r. —199— Ordinance No, 89— F ; Chapter 18.92 (( DENSITY COMPUTATIONS Sections: 18.92.010 Purpose 18.92.020 Density Calculation 18.92.030 Residential Density Transfer 18.92.010 Purpose A. The purpose of this chapter is to implement the comprehensive plan by establishing the criteria for determining the number of dwelling units permitted. (Ord. 83-•52) 18.92.020 Density Calculation AL[(a)] Net development area, in acres, shall be determined by subtracting the following land area(s) from the gross acres, which is all of the land included in the legal description of the property: 1. All sensitive land area's: a. [A] Land within the one 100-year floodplain; �. [Q] Land or slopes exceeding 25 percent; and C. [C] Drainageways; 2. All land dedicatad to the public for park purposes; 3. All land dedicated for public right-of-way: a. [A] Single--family: allocate 20 percent of gross acres for public facilities and b. [B] Multiple-family: allocate 15 percent of gross acres for public facilities; 4. All land proposed for private streets; and 5. A lot of at least the size required by the applicable base zoning district, if an existing dwelling is to remain on the site. �•[(b)] To calculate the net units per acre, divide thenumberof square feet in the net acres by the minimum number of square feet required for each lot by the applicable ;coning district. Ordinance No. 89- -200- C.UO3 All density calculations shall comply with the provisions of Section 18.40.040, Residential Density Transition. (Ord. 84-29; Ord. 83-52) 18.92.030 Residential Density Transfer Units per acre calculated by subtracting land areas listed in Subsection 18.92.020.A,1 from the gross acres may be transferred to the remaining buildable land areas subject to the following limitations- 1. The number of units which can be transferred is limited to the number of units which would have been allowed on 25 percent of the unbuildable area if not for these regulations; [or] 2, The number of units is limited to 25 percent of the total number of units which could have been constructed on the unbuildable area if not for these regulations; and 3. The total number of units per site dogs not exceed 125 percent of the maximum number of units per gross acre permitted for the applicable comprehensive plan designation. All density transfer development proposals shall comply with the development standards of the applicable underlying zoning district unless developed under the provisions of Chapter 18.80, r Planned Development. (Ord. 83-52) fl 4F Ordinance No, 89 s Chapter 18.94 MANUFACTURED/MOBILE HOME REGULATIONS Sections: i 18.94.010 Purpose s 18.94.020 Manufactured/Mobile Home Subdivision Standards 18.94,030 Manufactured/Mobile Home Park Standards 18.94.040 Manufactures! Homes on Individual Building Lots 18.94.050 Nonconforming Mobile Homes 18.94.010 Purpose A. The purpose of this chapter is to establish criteria for the placement of manufactured/mobile homes in mobile home subdivisions and park developments and manufactured homes and individual building lots within the City of Tigard. (Ord. 85-15) 18.94.020 Manufactured/Mobile Home Subdivision Standards e E A. In addition to the standards of the zoning district in which the � project is located and other standards of this title [code], a manufactured/mobile home subdivision proposal shall: 1. Comply with all applicable state standards and other City standards for the subdivision (See Chapter 18.160); 2. Satisfy all the standards of the applicable zoning district, and the provisions of Chapter 18.92; and 3. Be limited to manufactured/mobile home housing types. All other types of residential units shall not be [are not] permitted, (Ord. 83-52) 18.94.030 Manufactured/Mobile Home Park Standards A.[(a)I The design of the proposed mobile home park shall be submitted h planning ^°,rime tc� n %v the rtar�eiaiiy ^u3ii3Si:^.n [.4ep.., nt] for review, in accordance � with Chapter 18.120, Site Development Review, and Chapter 18.130, Conditional Use, where applicable, A.[(b)] The design for the manufactured/mobile home park shall conform to all applicable state standards established by the State of Oregon, Department of Commerce mobile home park standards. !9.J(c)1 The manufactured/mobile home park shall: 1. Have a minimum lot gross area of one acre; r • G 2 Have a minimum frontage of 100 feet; 1 Ordinance No. 89- -202- l; 3, Have a minimum depth of 150 feet; 4. Have a front and rear yard setback of 25 feet; 5, Have a side yard setback of 10 feet, except on a corner lot M the side yards shall be 25 feet; 6. Have a minimum of 60 square feet of outdoor recreation i area, suitably improved for recreational use, provided .for each unit exclusive of required yards. Each recreation area shall have a minimum size of 2,500 square feet; t 7. Have landscaping equivalent to 20 percent of the ! manufactured/mobile home park area; and 8. Be partially screened from the public right-of-way and f' adjacent residential areas by a combination of a sight obscuring fence, vegetation, berm, or any combination of the above as approved by the approval authority, except that within the required front yard, any fence shall not exceed three feet in height. ; O•C{d)] Evidence shall be provided that the park will be eligible for a certificate of sanitation required by state law. ; F E•C(e)7 Each site shall be adequately serviced by public facilities such as water supply, sewers, sidewalks, and improved streets. C(f)� Each unit shall be provided with a water, sewer, and electrical connection. The electrical connection shall provide for 110 and 220 volt service. ' G•C(g)] No mobile home, accessory building, or other structure shall be closer than to feet from another mobile home, accessory . building, or other structure. H.C(h)] No structure shall exceed 25 feet in height. k -((i)3 Each mobile home placed in a mobile home park or subdivisionsh- , -it be inspected by the Building Official and shall meet the following standards: 1. A state insignia indicating compliance with Oregon State low L-...,ct1. standards in effect at the time of Mobile Home Constructionio manufacture and including compliance for reconstruction of equipment installation wad after manufacture shall be displayed on each mobile home; 2. Each mobile home shall be in good repair, notwithstanding deterioration which may have occurred due to misuse, neglect, accident, or other cause;- --243-- ordinance No. ssa- 3. Each mobile home shall contain a water closet, lavatory, shower or tub, and a sink in a kitchen or other food E { preparation space; and h. Each mobile home shall be installed under the provisions of the ted' ~ nt �1�las �--drapted by t�1hn niractor f E v.ti:'.:iniJ.r r:.;.GG I ti vF, � .,,� -> Commerce and administered by the State Building Goyc, Division. Each vehicular way in a mobile home park shall be named and marked with signs which are similar in appearance to those used to identify public streets, and: 1. A map of the named vehicular ways shall be provided to the ; applicable fire district, the Police Department, and the Public Works Division [department]. : If a mobile home space or permanent structure in the park is i more than 500 feet from a public fire hydrant, the park shall provide: ; 1. Water supply lines designed with fire hydrants which shall be provided within 500 feet of such space or structure; and F E 2. Each hydrant within the park shall be located on a vehicular way and shall conform in design and capacity to City and the applicable water district standards. Each manufactured/mobile home in a mobile home park or ', subdivision shall have a continuous perimeter skirting installed pursuant to state regulations, which shall be of the same t material and finish as the exterior of the mobile home. <1001 The wheels, tongue, and traveling lights of each manufactured/ mobile home in a mobile home park or subdivision shall be removed upon installation of unit. U(n)] There shall be no outdoor storage of furniture, tools, equipment, building materials, or supplies belonging to the occupants or, management of the park. Accessways or driveways shall be lighted in accordance with City standards. D•[(p)] Primary access to the manufactured/mobile home park shall be . from a public street and shall be in accordance with Chapter 13.108, Access, Egress, and Circulation, and: 1. Where necessary, additional street right--of--way shall be dedicated to the City to maintain adequate traffic circulation; Ordinance No. 89- --209— loam 2. Access driveways connecting units to a public street shall have a width of not less than 36 feet, of which not less than 20 feet shall be paved; and 3. Driveways shall be designed to provide for all maneuvering and parking of units without encroaching on a puniic street. ,Q. (q)7 The maximum number of manufactured/mobile homes in the park or subdivision shall not exceed the amount calculated in Chapter 19.92. 1?•C(r)7 Where landfill and/or development is allowed within or adjacent to the 100—year floodplain, the City shall require the dedication of sufficient open land area for a greenway adjoining and within the floodplain. This area shall include portions at a suitable elevation for the construction of a pedestrian/ bicycle pathway with the floodplain in accordance with the adopted pedestrian/bicycle pathway plan. (Ord. 87-66; Ord. 84-61; Ord. 84-29; Ord. 83-52) 38.94.040 Manufactured ilomes on Individual Suildina Lots L•[(a)] The establishment, location, and use of manufactured homes as scattered site residences shall be permitted in the absence of covenants, conditions and restrictions in any zone permitting installation of a dwelling unit subject to requirement3 and limitations applying generally to such residential uses in the district, and provided such homes shall meet the following requirements and limitations: 1. The home shall meet all requirements applicable to single-family dwellings and possess all necessary improvement, location, building, and occupancy permits and other certifications required by the title [code]; 2. The home shall be larger than 950 square feet of occupied space or meet the minimum square footage requirements for the appropriate zone; 3. All manufactured homes to be placed or substantially improved shall be elevated on a permanent foundation such that the lowest floor of the manufactured home is at or above the base flood elevation and !hall be securely anchored to an adequately anchored foundation system in accordance with the iprovisions of Subsection 18.160.020.J.2, ] regulations adopted by the Oregon Departmelst of CoIrdnerce, and with the manufacturer's installation specifications; 4. The home shah be covered with an exterior material customarily used on site built residential dwellings, a nd such material shall extend over the top of the foundation (or- meet the community's site built residential home standards); and Ordinance No, 89— -205- 1 ; f4 1.,f 5. The homes shall have a roof composed of a material customarily used on site built residential dwellings such as asbestos, fiberglass, shake, asphalt, or tile, which +, shall be installed onto a surface appropriately pitched for the materials used. (Ord. 87-32; Ord. 85-15) 18.94.050 Nonconforming Mobile Homes A.[(a)] Mobile home parks existing at the adoption of the ordinance codified in this title not meeting the standards set forth in this title shall be considered nonconforming and are subject to the standards set forth in Subsection 18.132.040. 3. Nonconforming mobile homes in such parks may be replaced with like mobile homes that meet the standards of Section 18.94.030 when they are moved or destroyed. (Or•d. 85-15) T .M1 _ Ordinance No. 89— •-206- Chapter 18 96 ADDITIONAL YARD SETBACK REQUIREMENTS AND EXCEPTIONS Sections: 18.96.010 Purpose 18.96.020 Additional Setback from Centerline Required 18.96.030 Distance Between Multiple-Family Residential Structure and Other Structures on the Site 18.96.OA0 No Yard Required: Structure Not on the Property Line 18.96.050 Exceptions to Yard Requirements 18.96.060 Storage in Front Yard 18.96.070 Projections into Required Yards 18,96,080 Lot Area for Flag Lots 18.96.090 Front Yard Determination 18.96.010 Purpose A• The purpose of this chapter is to permit or afford better light, air and vision clearance on more heavily traveled streets and on streets of substandard width, to make the location of structures compatible with the need for the eventual widening of streets by providing for additional yard setback distances, to ensure [assure] there is adequate distance between buildings on the site and to provide standards for projections into yard areas. 18.95.020 Additional Setback from Centerline Re aired [Ca)] To ensure [assure] improved lighd t, air, and sight ,,tance and to protect the puhlic health, safety, and welfare, structures in any zoning district which abut certain arterial and collector streets shall be set back a minimum distance from the centerline of the street. $.C(b)] Where the street is not improved, the measurement shall be made at right angles from the centerline or general extension of street right-of-gray: the 1. Arterial Streets: L• [A] The required setback distance for buildings on arterial streets is the setback distance required by the zoning district plus the following distances measured from the vcenterline f w� a c Ordinance No, eq- --207- Additional Centerline Setback t Street Names Reauirement (in feet) Pacific highway within City Limits 50 M.Y . Hall Boulevard 45 Scholls Ferry Road 50 Durham Road (between Hall Blvd. & Upper Boones Ferry) 45 Upper Boones Ferry Road 45 2. Collector Streets: IL (A] The required setback distance for buildings on the following collector streets is the setback distance required by the zoning district plus 30 feet measured from the centerline of the street, Street: Names Ash Avenue Atlanta — Haines (east of 68th Avenue) Atlanta (west of 68th Avenue) Beef Bend Road Bonita Road Bull Mountain Road Burnham Street Cascade Boulevard Commercial street Durham ;Pacific Highway—Hall Boulevard) Franklin Street Gaande Street Grant Avenue Greenburg Road Hunziker Road Main Street McDonald Street Murdock Street North Dakota Avenue Oak (west of Hall) Pfaffle Street Sattler Street (40 feet pavement between 100th and Hall) Summerfield Drive Tiedeman Avenue Tigard Street Walnut Street t 68th Avenue 68th Avenue (south of Pacific Highway) 30th Avenue (south of Pacific Highway) 92nd Avenue 97th Avenue Fg. Ordinance No. 89--� —208— &` s ., a 98th Avenue ► 110th Avenue f 121st Avenue Planned, Dartmouth to Pfaffte connection �M Planned, Hampton to 69th (westerly loop road) 2.J(c)3 The minimum yard requirement shall be increased in the event a yard abuts a street having a richt--of-way widish less than required by its functional classification on the City's ; transportation plan map and, in such case, the setback shall be not less than the setback required by the zone plus one-half of the projected road width as shown on the transportation map, t D.[(d)] the minimum distance from the wall of any structure to the centerline of an abutting street, however, shall not be less than 25 feet plus the yard required by the zone. This provision shall not apply to rights-of-way of 50 feet or greater in width. (Ord. 83-52) 18.96.030 Distance Betsidential Structure and Other Structures on the Site To provide privacy, light, air, and access to the multiple and attached residential dwellings within a development, the following separations shall apply: 1. Buildings . with windowed walls facing buildings with windowed walls shall have a 25 feet separation; t 2. Buildings with windowed walls facing buildings with a blank wall shall have a 15 feet separation; 3. Buildings with opposing blank walls shall have a 10 feet separation; 4. Building separation shall also apply to buildings having projections such as balconies, bay windows, and room projections; and 5. Buildings with courtyards to maintain separation of opposing walls as listed in 1, 2, and 3 above for walls in separate buildings, 8,[(b)] Where buildings exceed a horizontal dimension of 60 feet or exceed 30 feet in height, the minimum wall separation shall be one foot for each 15 feet or building length over 50 feet and two feet for each 10 feet of building height over 30 feet. Driveways, parking lots, and comp►on or� public walkways shall maintain the following separation for dwelling units within eight feet of the ground level: ordinance No. 84- -209- I. Driveways and parking lots shall be separated from windowed walls by at least eight feet; walkways running parallel to the face of the structures shall be separates! by at least five feet; and 2. Driveways and parking lots shall be separated from living room windows by at least 10 feet; walkways running parallel to the face of the structure shall be separated by at least seven feet. (Ord. 83-52) 18.96.040 No Yard Required: Structure Not on Property Line A. In zoning districts where a side yard or a rear yard setback is not required, a structure which is not to be built on the a, property line shall be set back from the property line by a distance in accordance with the Uniform Building Code requirements. (Ord. 83-52) 38.96,050 Exceptions to Yard _Requirements k If there are dwellings on both abutting lots with front yard ; depths less than the required depth for the zone, the depth of she front yard for the intervening lot need not exceed the average depth of the front yards of the abutting lots. B.[(b)] If there is a dwelling on one abutting lot with a front yard of less depth than the required depth for the zone, the front yard for the lot need not exceed a depth one-half way between the depth of the abutting lot and the required front yard depth. (Ord. 83-52) 18.96.060. Storaae in Front Yard A. Boats, trailers, campers, camper bodies, house trailers, recreation vehicles, or commercial vehicles in excess of 3/4 ton capacity shall not be stored in a required front yard in a residential zone. (Ord. 83-52) 18.96.074 Proiections into Reguired Yards A.[(a)] Cornices, eaves, belt courses, sills, canopies, or similar architectural features may extend or project into a required yard not more than 36 inches provided the width of such yard is K` not reduced to less than three feet. A:[(b)] Fireplace chimneys may project into a required front, side, or rear yard not more than three feet provided the width or such yard is not reduced to less than three feet. , { ord iriance No. 89-- --210- 0.[(c)] Open porches, decks, or balconies not more than 36 inches in height and not covered by a roof or canopy, may extend or project into a required rear or side yard provided such natural yard area is not reduced to less than three feet and the deck is screened from abutting properties, Porches may extend into a i required front yard not more than 36 inches, j D.[(d)] unroofed landings and stairs may project into required front or t rear yards only. (Ord. 83-52) 18.96.080 Lot area for Flag Lots A.[(a)] The lot area for a flag lot shall comply with the lot area requirements of the applicable zoning district, 8.[(b)] The lot area shall be provided entirely within the building site area exclusive of any accessway (see figure following). (Ord. 83-52) ARCA N01 1NCI-U0e. IN Lo-r ACZEA j 18.96,090 Front Yard Determination A. The owner or developer of a flag lot may determine the location ; of the front yard, provided no side yard setback area is less than 10 feet and provided the requirements of Section 18.98.030, Building Heights and Flag Lots, are satisfied. (Ord. 83-52) Ordinance No. 89--�e —211— Chapter 18.98 BUILDING HEIGHT LIMITATIONS: EXCEPTIONS Sections: 18.98.010 Projections Not Used for Human Habitation 18.98.020 Building Height Exceptions 18,98.030 Building Heights and Flag Lots 18 98 010 Projections Not UseJ for Human Habitation A. Projections such as chimneys, spires, domes, elevator shaft housings, towers excluding TV dish receivers, aerials, flag poles, and other similar objects not used for human occupancy, are not subject to the building height limitations of this title [code]. (Ord. 83-52) 19.98.020 Building Height Excentions A. Any building located in a nonresidential zone may be built to a maximum height of 75 feet; rrovided: 1. The total floor area of the building does not exceed 1-1/2 the area of the site; 2. The yard dimensions in each case are equal to at least 1/2 of the building height of the principal structure; 3. The approval of this exception is a part of the approval of C31 the conditional use allowed under Chapter 18.130; and �.�4 The structure is not abutting a residential zoning district. (Ord. 83-52) 18 98 030 Building Heights and Flag Lots Limitations on the placement of residential structures on flag lots apply when any of the following exist: 1. A flag lot was created prior to April 15, 1985; 2. A flag lot is created after April 15, 1985 by an approved minor land partition; or 3. A flag lot is created by the approval of a subdivision and the flag lot is located on the periphery of the subdivision so that the lot adjoins other residentially zoned land. r Ordinanc-a No. 89— —212- B.[(b)] The maximum height for a single-family, duplex, attached, or iiiultiple-family residential structure on a flag lot or a lot having sole access from an accessway, private drive, or easement is 1-1/2 stories or 25 feet, whichever is less, except that the maximum height may be 2-1/2 stories or 35 feet, whichever is less, provided: 1. The proposed dwelling otherwise complies with the applicable dimensional requirements of the zoning district; 2. A 10 feet side yard will be preserved; 3. A residential structure on any abutting lot either is located 50 feet or more from the nearest point of the subject dwelling, or the residential structure exceeds 1-1/2 stories or 25 feet in height on any abutting lot; and 4. Windows 15 feet or more above grade shall not face dwelling unit windows or. patios on any abutting lot unless the proposal includes an agreement to plant trees capable of mitigating direct views, or that such trees exist and will be preserved. 9.J(c)3 Where an agreement is made to plant trees capable of mitigating direct views, the agreement shall be deemed a condition of approval under the provisions of Subsection 18.32.250.F. J(d)] The tree planting agreement shall be a condition of Chapter 18.120, Site Development Review, for three or more attached � . units or a multiple-family residential structure, or for single detached units, one duplex or two attached residential units, at the issuance of building permits. (Ord. 85--15) t" Ordinance No. 89- -213- Chapter 18.100 LANDSCAPI_NG AND SCREENING a Sections: 18,100.010 Purpose 18,100.015 Applicability: Approval Process 18.100.020 General Provisions 18.100,030 Street Trees 18,100.035 Location of Street Trees 18.100.040 Cut and Fill Around Existing Trees 18.100.050 Replacement of Street Trees 18,100,060 Exemptions 18.100.070 Buffering, Screening (General): Uses Prohibited in Suffer Areas 18.100,080 Buffering/Screening Requirements 18.100.090 Setbacks for Fences or Walls .n 4^^ ynn Peght Restrictions 10 IW%.' avv i �••- 18.100.110 Screening: Special Provisions 18.100,120 Revegetation 18.100.130 Buffer Matrix 18,100.010 Purpose A. The purpose of this chapter is to establish standards for landscaping, buffering, and screening of land use within Tigard in order to enhance the aesthetic environmental quality of the City: 1. By protecting existing street trees and requiring the planting of street trees in new developments; . 2. Through the use of plant materials as a unifying element; 3. By using planting materials to define spaces and articulate the uses of specific areas; and 4. By using trees and otherlandscaping materials to mitigate the efforts of the sun, wand, noise, and lack of privacy by the provision of buffering and screening. (Ord, 83--52) 18.100.015 Applicability_ Approval Process A.Ua)) The provisions of this chapter shall apply to all development including the construction of new structures (see Subsection 18.120,020, Remodeling of Existing Structures), and to a change of use which increases the on parking or loading requirements or which changes the access requirements. t F Ordinance No. 89— --214 B. [(b)] Where the provisions of Chapter 18.120, Site Development Review, do not apply, the Director shall approve, approve with condi'Clons, or deny a plan submitted under the provisions of ( this chapter. The decision may be appealed as provided by -- Subsection 18.32,310.A. The applicant shall submit a site plan which includes: 1. Location of underground irrigation system sprinkler heads where applicable; 2. Location and height of fences, buffers, and screenings; 3. Location of terraces, decks, shelters, play areas, and common open spaces; A. Location, type, size, and species of existing and proposed plant materials; and 5. A narrative which addresses: a. Soil conditions; and b. Erosion control measures that will be used. i D.[(d)] The approval standards are the applicable standards contained in this charier. (Ord. 83-52) t 18.100.020 General Provisions A._[(a)] Unless otherwise provided by the lease agreement, the owner, tenant, and their agent, if any, shall be jointly and severably responsible for the maintenance of all landscaping which shall be maintained in good condition so as to present a healthy, neat snd orderly appearance and shall be kept free from refuse and debris. All plant growth in landscaped areas of developments shall be controlled by pruning, trimming or otherwise so that: I. It will not interfere with the maintenance or repair of any public utility; 2. It will not restrict pedestrian or vehicular access; and 3. It will not constitute a traffic hazard because of reduced visibility. The installation of all landscaping shall be as follows: 1. All landsrani nry �h Zl l L.4a l l .. •, ., yr:s`aa:r.ed according to accepted planting procedures; U1 Ordinance No. 89-'. �.A —215- -:7 `- 2. The plant materials shall be of high grade; and 3, Landscaping shall be installed in accordance with the f provisions of this title [code]. J(d)] Certificates of occupancy shall not be issued unless the landscaping requirements have been met or other arrangements have been made and approved by the City such as the posting of a bond. E.[(e)] Existing plant materials on a site shall be protected as much as possible: 1. The developer shall provide methods for the protection of existing plant material to remain during the construction process; and 2. The plants to be saved shall be noted on the landscape plans (e,g. , areas not to be disturbed can be fenced, as in snow fencing which can be placed around individual trees). F. [(f)] Appropriate methods for the care and maintenance of street trees and landscaping materials shall be provided by the owner of the property abutting the rights-of-way unless otherwise required for emergency conditions and the safety of the general public. 2--[(g)] The review procedures and standards for required landscaping and E screening shall be specified in the conditions of approval during development review and in no instance shall be less than that required for conventional development. (h)I No trees, shrubs, or plantings more than 18 inches in height } shall be planted in the public right-or-way abutting roadways having no established curb and gutter. (Ord. 83-52) 18.100.030 Street Trees A.[(a)] All development projects fronting on a public, private street, or a private driveway more than 100 feet in length approved P after the adoption of this title [code] shall be required to plant street trees in accordance with the standards in Section 18.100,035 Certain trees can severely damage utilities, streets, and sidewalks or can cause personal injury. Approval of any planting list shall be subject to review by the Director [and public works director]. (Ord. 83-52) i Ordinance No. 89- -216.- 18.100.035 Location of Street Trees �,[(a)] Landscaping in the front and exterior side yards shall include trees with a minimum caliper of two inches at four feet in height as specified in the requirements stated in Subsection i&.iVV.Va:a.v. The specific spacing of street trees by size of tree shall be as follows: 1. Small or narrow stature trees (under 25 feet tall and less than 16 feet wide branching) shall be spaced no greater than 20 feet apart; 2. Medium sized trees (25 feet to 40 feet tall, 16 feet to 35 feet wide branching) shall be spaced no greater than 30 feet apart; 3. Large trees (over 40 feet tall and more than 35 feet wide branching) shall be spaced no greater than 40 feet apart; 4. Except for signalized intersections as provided in Subsection 18.100.060.C, trees shall not be planted closer than 20 feet from a street intersection, nor closer than two feet from private driveways (measured at the back edge of the sidewalk), fire hydrants, or utility poles in order lta imaint.>..in vi811a1 clearance; 5. No new utility pole location shall be established closer than five feet to any existing street tree; 6. Tree pits shall be located so as not to include services (we.ter and gas meters, etc.), in the tree well; 7. On—premises services (water and gas meters, etc.), shall not be installed within existing tree well areas; '' 8. Street trees shall not be planted closer than 20 feet to light standards; 8. New light standards shalt: not be positioned closer than 20 feet to existing street trees except when public safety dictates, then they may be positioned no closer than 10 feet; ', 10. Trees shall be planted at least two feet from the face of the curb; +` i1. Where there are overhead power lines, the street tree g , species selected shall be of a type which, at full ; maturity, will not interfere with the lines; and is -217— Ordinance No. e9— 12. Trees shall not be planted within two feet of any permanent hard surface paving or walkway: 'A' iJ space between 4L:a tree and the h--rd c-un aYc mat, be covered by a nonpermanent hard surface such as grates, bricks on sand, paver blocks, and cobblestones; and b. [B] Sidewalk cuts in concrete for tree planting shall be at least four by four feet to allow for air and water into the root area. CJ(c)1 Trees, as they grow, shall be pruned to provide at least eight feet of clearance above sidewalks and 13 feet above local street, 15 feet above collector street, and 18 feet above arterial street roadway surfaces. (Ord. 84-29; Ord. 83-52) 18.100.040 Cut and Fill Around Existing Trees C.[(a)] Existing trees may be used as street trees if no cutting or filling takes place within the dripline of the tree unless an exception is approved by the Director, [and the public works director,] An exception will be approved if: 1. The ground within the dripline is altered merely for drainage purposes; and 2. It can be shown that the cut or fill will not damage the roots and will not cause the tree to die. (Ord. 83-52) 18.100.050 Replacement of Street Trees A.[(a)] Existing street trees removed by development projects or other construction shall be replaced by the developer with those types of trees approved by the Director.[and public works Director.] 2--[(b)] The replacement trees shall be of a size and species similar to the trees that are being removed unless lesser sized alternatives are approved by the Director. [and public works director.] (Ord. 83-52) 18.100.050 Exemptions A,[(a)] Exemptions from the street tree requirements may be granted by the Director on a case-by—case basis. Exemptions shall be granted: 1. If the location of a proposed tree would cause potential problems with existing utility lines; Ordinance No. 89- --218— 2. If the tree would cause visual clearance problems; or f 3. If there is not adequate space in which to plant street trees. 4 The Director may allow trees closer to specified intersection3 v:hich are signalized, provided the provisions of Chapter 18.102, Visual Clearance, are satisfied. (Ord. 83-52) 19.100.070 Buffering, Screening General): Use Prohibited in Buffer Areas A.[(a)] A buffer consists of an area within a required interior setback adjacent to a property line and having a depth equal to the amount specified in Section 18.100.130, Buffer Matrix, and containing a length equal to the length of the property line of the abutting use or uses. B.[(b)] A buffer area may only be occupied by utilities, screening, sidewalks and bikeways, and landscaping. No buildings, accessways, or parking areas shall be allowed in a buffer area except where an accessway has been approved by the City. A fence, hedge, or wall, or any combination of such elements which are located in any yard is subject to the conditions and requirements of Section 18.100.080. R.[(d)] It is the intent that these requirements shall provide for privacy and protection and reduce or elimini.Le the adverse impacts of visual or noise pollution at a &-,jelopment site, without unduly interfering with the view from neighboring properties or jeopardizing the safety of pedestrians and vehicles. (Ord. 83-�52) 18.100.080 Buffering/Screening Requirements At least one roes of trees with a combination of deciduous and evergreen trees not less than 10 feet high for deciduous trees and five feet high for evergreen trees at the time of planting, and spaced as follows by size of tree: 1. Small or narrow stature trees (under 25 feet tall and less than 16 feet wide branching) shall be spaced no greater than 15 feet apart; and 2. Medium sized (25 feet to 40 feet tall, 16 feet to 35 feet wide branching) shall be spaced no greater than 30 feet apart. 3. Large trees (over 40 feet tall and more than 35 feet wide branching) shall be spaced no greater than 30 feet apart. Fences and walls Ordinance No. 89—__ —213— a� 1. Fences and walls shall be constructed of any materials commonly used in the construction of fences and walls such as wood or brick, or otherwise acceptable by the Director; 2. Such fence or wall construction shall be in compliance with' other City regulations; and 3. Chain link fences with or without slats shall qualify for screening only in conjunction with evergreen plant materials at the same height or taller than the fence. fledge 1. An evergreen hedge or other dense evergreen landscaping may satisfy a requirement for a sight obscuring fence where required subject to the height requirement in Subsections 18.100.090.8. 1 and 2; 2. Such hedge or other dense landscaping shall be properly maintained and shall be replaced with another hedge, other dense evergreen landscaping, or a fence or wall when it ceases to serve the purpose of obscuring view; and 3. No hedge shall be grown or maintained at a height greater than that permitted by these regulations for a fence or wall in a vision clearance area as set forth in Chapter 18.102. (Ord. 84-71; Ord. 83-52) 19.100.090 Setbacks for Fences or Falls No fence or wall shall be constructed which exceeds the standards in Subsection 18.100.090.8 except when the approval authority, as a condition of approval, allows that a fence or wall be constructed to a height greater than otherwise permitted in order to mitigate against potential adverse effects. B.0<b3� Fences or walls: 1. May not exceed three feet in height in a required front yard or six feet on a corner side yard or eight feet in all other locations and, in all cases, shall meet vision clearance area requirements (Chapter 18.102); 2. Are permitted outright in side yards or rear yards to a height of six feet; 3. Located in a side or rear yard and which are between six feet and eight feet in height shall be subject to building permit approval; 4. Located in the front yard or corner side yard and which exceed the height limitation shall comply with the setback requirements for structures set 'forth in the applicable zone; gr Ordinance No. 89— 220 5. Located within a corner side shall be no closer than two feet from the property line, and shall satisfy visual clearance requirements: (Ord. 85--1A; Ord. 83-52) t 18.100.100 Height Restrictions The prescribed heights of required fences, walls, or landscaping shall be measured from the actual adjoining level of finished grade, except that where parking, loading, storage, or similar areas are located above finished grade, the height of fences, walls, or landscaping required to screen such areas or space shall be measured from the level of such improvements. 8.[(b)] An earthen berm and fence or wall combination, shall not exceed the six—foot height limitation for screening. (Ord. 83-52) 3.8.100.110 Screening Special Provisions Screening of Parking and Loading Areas: 1. Screening of parking and loading areas is required. The specifications for this screening are as follows: a. [A] Landscaped parking areas shall include special design features which effectively screen the parking lot areas from view. These design features may include the use of landscaped berms, decorative walls, and raised planters; b. [B] Landscape planters may be used to define or screen the appearance of off—street parking areas from the public right—of—way; c. [C] Materials to be installed should achieve a balance between low lying and vertical shrubbery and trees; d. [D] Trees shall be planted in landscaped islands in all parking areas, and shall be equally distributed and on the basis of one tree for each seven parking spaces in order to provide a canopy effect; and e® [E] The minimum dimension of the landscape islands shall bo three feet and the landscaping shall be protected from vehicular= damav by some form of wheel guard or curb. 3 Ordinance No. 89- -221— �. - r [(b)] Screening of Service Facilities 1. Except for one-family and two-family dwellings, any refuse �. container or disposal area and service facilities such as gas meters and air conditioners which would otherwise be { visible from a public street, customer or resident parking area, any public facility or any residential area, shall be screened from view by placement of a solid wood fence or masonry wall between five and eight feet in height. All refuse materials shall be contained within the screened area. F C• C(c)] Screening of Swimming Pools 1. All swimming pools shall be enclosed as required by Chapter 14.20 of the Tigard Municipal Code. (Ord. 86-08; Ord. 83-•52) 1 18. 100.120 Revegetation f 7: ,((a)] Where natural vegetation has been removed through grading in t areas not affected by the landscaping requirements and that are not to be occupied by structures, such areas are to be replanted as set forth in this section to prevent erosion after construction activities are completed. &_Ub)] Preparation for Revegetation. Topsoil removed from the surface in preparation for grading and construction is to be stored on or near the sites and protected from erosion while grading operations are underway; and 1. Such storage may not be located where it would cause suffocation of root systems of trees intended to be ME preserved; and E 2. After completion of such grading, the topsoil is to be restored to exposed cut and fill embankments or building pads to provide a suitable base for seeding and planting. 9.[(c)] Methods of Revegetation 1. Acceptable methods of revegetation include hydromulching or the planting of rye grass, barley, or ether seed with equivalent germination rates, and; CA] Where lawn, or turf grass is to be established, lawn grass seed or other appropriate landscape cover is to be sown at not less than four pounds to each 1,040 square feet of land area; b. [8] Other revegetation methods offer"i ng equivalent protection may be approved by the approval authority; Ordinance No. 89- -222- c. [C] Plant materials are to be watered at intervals sufficient to ensure [assure] survival and growth; and d. [D] The use of native plant materials is encouraged to reduce irrigation and maintenance demands. (Ord. 83-52) 18.100.130 Buffer Matrix The Buffer Matrix (Figure 1) shall be used in calculating widths of buffering and screening to be installed between proposed uses and abutting zoning districts. An application for a variance to the standards required in Figure 1, shall be processed in accordance with Chapter 18.134. w . t ' I ; Ordinance No, 89— W-223— WN a x BUFFER MATRIX FIGURE 1 N n W ~ fW N N N N d ndi O O N N M N M �r v1 v1 O O O p i•'1 M re $i ,. N N N N N .N d N N O O O M O d O O O O O O O O O O O O N W N N N N N N N N N •0 d p N p(� r v cNi v N v epi a v Vl d ra d N ~d N 11 14 O O O O N r4 v v •a. N v r v v 8� v f! O O O 6 O O O O O O O W M d d rN N N N O O O O N N N f�19�� ✓ v r .Ne v .�. r v N N 91 N d •p! N M O O O O A 14 w aN. w v v r v r O O O O d 0 O O d s4 d N b .4 ea N O O d d d d N n�f1 �! v v v v +:•` v r r t f of ww en w a�7 � O O O O ® we w w YYlwi d oe w6 d e��11 w w N ve d v+l N W eM NI av d tl tl O O a O • • • O 9 d O O• M N ,.7 Ne owMx1 d N •f d IAA�M4 N W UO d .�W d rl N NI !V °''� '. C O O • • a O Q Q 7i O M1 h pf� 04 ai N f•1 P1�tl0 M M M P'+ .4 A r. Pi M !V •�. 7 60 .OICZ. N w 101 e04 M W O N IV aNV. ��4 sNo v v oNr .N• e � 01 !!!'? S17 b"/ O ® O bid d 1•! d 04 ae mm d 6m M ilV mn M itl• � N � V '@ a '� W W � 9R 40. w m ? OSd d d d d V4 A d M 94 !`B 6 .. N N N N N N 71 m � 8 1 O O O 101 O O 0 M O u1 N .+ O O O O �d N A •4 s+. wa d d: N N N l/B dtd N N N N N N N D• ®d 1 eR O 4 O W p M1 W 00@ 11 �. wp ® Q'N. Pm ;.• rA wd wi wl A SV N N Z la C 1f eA Pm f4 ep cmw a8 fm d 2C fJ b O ft i 9f• f tSf O Ai CA A d'! iIH 98 V P.) � v W M W .'• Ordinance No, 89— - •224— Chapter 18,102 VISUAL CLEARANCE AREAS a RESE E FO;'�SHIS CHAPTER 0 BE N RTEI) OR TO C0 CIL EA G. A cLo�) (2-d sYQ Ordinance No. 89- -22-- thru __ -228— Chapter 18.104 L FUEL TANK INSTALLATIONS Sections: 18.104.010 Purpose 18.104.0120 0Q r,i i i0ii's 18.104.030 Applicability Cif V YG V6 iUM 5 18.104.040 Requirements 18.104.010 Purpose A. The purpose of these regulations is to guide the installation of stationary fuel tanks within the City limits in residential, commercial and industrial zones, (Ord. 86-08) 18.104.020 Definitions A.[(a)] "Container' - any can, wuckz. , .wrrCt, uo'. l , or portable tai . (except stationary tars:s), tank vehicles, and tank cans. B.[(b)] "Fuel" - Kerosene or any hydrocarbon oil or liquefied petroleum gas conforming to nationally recognized standards. Hydrocarbon oils shall have a flashpoint of not less than 100° Fahrenheit. C.[(c)] "Tank" - a vessel containing more than 60 U.S. gallons. (Ord. 86-08) 18.104.030 Applicability �/2UV� l ins A. The previsions of this chapter shall apply to all new and existing development in all zoning districts. These provisions shall not apply to nonstationary fuel containers. (Ord. 86-08) 18.104.040 Reauirements A[(a)] All stationary containers, tanks, equipment, and apparatus used or intended to be used for the storage, 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 con;:ainars with capacities of 60 U.S. gallons or less, used of intended to be used for the above-ground storage of residential or home heating fuels, are permitted in all districts when they conform to the standards and requirements of the Uniform Fire Code and local fire district requirements. e.[(c)] Installation of all fuel tanks with capacitiesgreater than 60 U.S. gallons shall be prohibited above-ground in all districts. Ordinance No. 89-� -229-- y. ®•C(d)] Specific concerns of tank placement on a site with respect to topographical conditions, barricades, walls, building exits, proximity to buildings or adjacent properties, tank construction, and storage permits for Class i, II and III liquids shall be addressed prior to the time of Building Code permit approval and site development review (where applicable), and shall conform to all requirements of the uniform Fire Code and the applicable fire district, E. All underground fuel tank and above-ground stationary fuel storage container 9 may be installed in all distracts provided: 1. All fuel tank installations must be reviewed and a roved the Building Official and 2. A lication for the n cessary nOrmits from the Cit Buildf Official shall be accomoanied b a si ned araved document from the a licable fire district. 86-08) (Ord. t R t t t m B t E Ordinance No. Qg_ —730- E Chapter 18.106 OFF—STREET PARKING AND LOADING RF�UIREMENTS Sections: 18.106.010 Purpose l 18.106.015 Applicability 0 Poop.'+5iov� S , 18.106.020 Gsnueal 1r4.f P,rovisions (� 18.106.030 Minimum Off—Street eet Parka g Requirements 18.106..040 Modification to Parking Requirements 18.106.050 Parking Dimension Standards 18.106.060 Reservoir Areas Required for Drive—In Use 18.106.070 Loading/Unloading Driveways Required On—Site 18.106.080 Off—Street Loading Spaces 18.106.090 Off—Street Loading Dimensions 18.106.010 Purpose I.[(a)] The purpose of these regulations is to establish parking areas having adequate capacity and which are appropriately located and designed to minimize any hazardous conditions on—site and at access points. B.[(b)] The parking requirements are intended to provide sufficient parking in close proximity to the various uses for residents, customers, and employees, and to establish standards which will maintain the traffic carrying capacity of nearby streets. (Ord. 83-52) 18.106.015 ApplicabilityA Aof�l Xs, &.[(a)] The provisions of this chapter shall apply to all development including the construction of new structures, the remodeling of existing structures (see Section 18.120.020) and to a change of use which increases the on—site parking or loading requirements or which changes the access requirements. An Indirect Source Construction Permit is required for parking facilities having 250 or more parking spaces. & [(b)] Where the provisions of Chapter 18.120, Site Development Review do not apply, the Director shall approve, approve with conditions, or deny a plan submitted under the provisions of this chapter. No notice is required. The decisi:,n may be appealed as provided by Subsection 18.32.31O.A. C.[(c)] The applicant shall submit a site plan which includes: 1. The location of the structures on the property and on the adjoining property; 2. The delineation of individual parking and loading spaces e and their dimensions; t. t„ , -231- Ordinance 89� t . 3. The location of the circulation area necessary to serve the spaces; 4. The location of the access point(s) to streets, to accessways and to properties to be served; 5. The location of curb cuts; 6. The location and dimensions of all landscaping, including the type and size of plant material to be used, as well as any other landscape material incorporated into the overall plan; 7. The proposed grading and drainage plans; and 8. Specifications as to signs and bumper guards. (Ord. 84-24; Ord. 83-52) 18. 106.020 General Provisions Parking Dimensions 1. The dimensions for parking spaces are: a. [A] !dine feet wide and 18 feet long for a standard space; [B] Eight and one—half feet wide and 15 feet long for a compact space; Ind c. [C] In accordance with the applicable state and federal :5 standards, at least 12 feet wide and 18 feet long for designated handicapped parking spaces. Building Permit Conditioa.s 1. The provision and maintenance of off-street and loading spaces are the continuing obligations of the property owner: a. [A] No building or other permit shall be issued until plans are presented to the Director to show that property is and will remain available for exclusive use as off-street parking and loading space; and b [B] The subsequent use of property for which the building permit is issued shall be conditional upon the unqualified continuance and availability of the amount of parking and loading space required by this title. 1 Ordinance 89- -232- E t C.[(c)] Parking Requirements for Unlisted Uses 1. Upon application and payment of fees, the Director, as provided by Subsection 18.32.090.A, may rule that a use, not specifically listed in Section 16.106.030, is a use �_. similar to a listed use and that the same parking standards shall apply. No notice need be given. The decision, may be appealed as provided by Subsection 18.32.310.A. The ruling on parking area requirements shall be based on findings that the following criteria are satisfied: a. [A3 The use is similar to and of the same general type as a listed use; b. [B3 The use has similar intensity, density, and off—site p impact as the listed use; and c. [C] The use has similar impacts on the community facilities as the listed use; f 2. This section does not authorize the inclusion of a use in a zoning district where it is not listed, or a use which is f; specifically listed in another zone or which is of the same general type and is similar to a use specifically listed in another zoning district; and t 3. The Director shall maintain a list of approved unlisted use parking requirements which shall have the Same effect as an € amendment to this chapter. 0.[(d)3 Existing and New Uses ff C x 1. At the time of erection of a new structure or at the time of enlargement or change in use of an existing structure within any district, off—street parking spaces shall be as provided in accordance with Section 18.106.030; and: a, [A3 In case of enlargement of a building or use of land existing on the date of adoption of this title [code], the number of parking and loading spaces required shall be based only on floor area or capacity of such enlargement; and b. [03 If parking space has been provided in connection with an existing use or is added to an existing use, the parking space shall not be eliminated if the ¢ elimination would result in less space than is specified in the standards of this section when applied to the entire use. i CFt, Ordinance 89— —223— �' Change in Use 1. When an existing structure is changed in use from one use to another use as listed in Section 18.106.030, and the parking requirements for each use are the same, no additional parking shall be required; and 2. inhere a change in use results in an intensification of use in terms of the number of parking spaces required, additional parking spaces shall be provided in an amount equal to the difference between the number of spaces required for the existing use and the number of spaces required for the more intensive use. Shared Parking in Commercial Districts 1. Owners of two or more uses, structures, or parcels of land may agree to utilize jointly the same parking and loading spaces when the hours of operation do not overlap; 2. Satisfactory legal evidence shall be presented to the Director in the for-in of deeds, leases, or contracts to establish the joint use; and 3. If a joint use arrangement is subsequently terminated, the requirements of this title [code] thereafter apply to each separately. Shared Parking in Multiple—Family Residential Districts 1. Multi—dwelling units with more than 10 required parking spaces shall provide shared parking for the use of all of the guests of all of the residents of the con,olex; and 2. The shared parking shall consist of 15 percent cal the total required parking spaces and be centrally located within the developments. ! [(h)] Location of Required Parking 1. Off—street parking spares for single-family duplex dwellings and single--family attached dwellings shall be located on the same lot with the dwelling; and 2. Off—street parking spaces for uses not listed above shall be located not further than 200 feet from the building or use they are required to serve, measured in a straight line from the building with the following exceptions: a. [A] Shared parking areas, as provided by subsection 18.106.020.F for commercial use which require more than 40 parking spaces may provide for the spaces in excess of the required 40 spaces up to a distance of 300 feet from the commercial building or use; 'and r- Ordinance 89— —234— b, [B] Industrial and manufacturing uses which require in excess of 40 spaces may locate the required spaces in excess of the 40 spaces up to a distance of 300 feet t from the building. Mixed Uses 1. Where several uses occupy a single structure or parcel of land or a combination of uses are included in one business, the total off—street ;parking spaces and loading area is the sum of the requirements of the several uses, computed separately. Choice of .Parking Requirements 1. When a building or use is planned or constructed in such a manner that a choice of parking requirements could be made, the use which requires the greater number of parking spaces shall govern. Availability of Parking Spaces 1. Required parking spaces shall: a. [A] Be available for the parking of operable passenger automobiles of residents, customers, patrons, and employees only; b. [B] Not be used for storage of vehicles or materials or for the parking of trucks used in conducting the business or use; and c. [C] Not be rented, leased, or assigned to any other person or organization unless the required number of spaces. [is stated in Section 18.110.030.3 Parking: Recreation Vehicles 1. The parking restrictions shall not be interpreted to prevent the parking on-site of one unoccupied house or camping trailer and one pleasure boat provided the applicable parking requirements of this title [code] and the provisions of Section 18.106.030 are satisfied. Parking Lot Landscaping 1. Parking 'lots shall be landscaped in accordance with the requirements in Chapter 18.100. W235-- Ordinance 89--- . f t N. [(n)] Designated Parking for the handicapped 1. All parking areas which contain over five required spaces shall be provided with one handicapped parking space for every 50 standard parking spaces. The handicapped parking symbol shall be painted on the parking space or a handicapped parking sign shall be placed in fror,¢ of each space. Each handicappeu parkiliyp S Yi L'f: y i_y lii ll nc^.'R v L'.r.—., d^.-.3 required in the American National Standard Institute publication ANSI 117.1 — 1980. [Uniform Building Code.) t O_ _1(0)1 Designated Parking for Compact Vehicles 1 1. All parking spaces designated for compact vehicles shall be z labeled by painting the words "COMPACT ONLY" on the parking space. t PJ(p)] Bicycle Parking i r 1. At least one secured bicycle rack space shall be provided l` for each 15 parking spaces in any development. Bicycle parking areas shall not be located within parking aisles, landscape areas, or pedestrian ways. 1 k _9._[(q)] Lighting I . Any lights provided to illuminate any public or private ' parking area or vehicle sales area shall be so rr anged as t to reflect the light away from any abutting or adjacent 4 ( residential listrict. r: ((r)] To be Ready for Use by Final Building Inspection : 1. Required parking spaces shall be completely improved to City standards and available for use at the time of the final building inspection. MOM Plan Building Permit Prerequisite s 1. A plan drawn to scale, indicating how the off—street parking and loading requirement is to be fulfilled, "shall accompany the request for a building permit on—site i development review permit in accordance with Subsection 18.120.180.A.12. Measurement for Required Parking F 1. Where square feet are specified, the area measured shall be gross floor area under the roof measured from the faces of the structure, excluding only space devoted to covered off—street parking or loading. t Ordinance 09-- --236-- �f { t i j(u)] Employees 1. Where employees are specified, the employees counted are the persons who work on the premises including proprietors, executives, professional people, production, sales, and distribution employees during the largest shift at peak } season. V.[(v)] Fractions 1. Fractional space requirements shall be counted as a whole space. W.[(w)] On-Street Parking f 1. Parking spaces in the public street or alley shall not be eligible as fulfilling any part of the parking requirement. (Ord. 04-29; Ord. 03-52) r 18._106.030 Minimum Off-Street Parkin_ Requirements i Ia.((a)] Residential Uses s t 1. Single-family residences 2 spaces for each dwelling ; (attached or detached) unit, one of which shall be on a local street covered 2. Single-family residences 2 spaces for each dwelling (attached or detached) unit, at least one of on a collector or which shall be covered arterial street 3. Two-family residences Same as single-family t 4. Multiple dwelling See Subsection 16. 106.020.E E Studio 1 covered soacq for each unit b. 1-2 bedroom units 1.5 spaces for each unit, one � covered. L. More than 2 bedrooms 2 spaces for each unit - each F r unit unit shall have 1 covered parking soace 5. Group residential i space for each .guest room plus 1 space for each employee i s 6. Group care residential 1 space per 3 beds plus 1 space for each employee #. I 1 :.PT Ordinance 59-- -237-- dyfiiir i s..[(b)3 Civic Uses 1. Community recreation As required by facilities provided ' 2. Cultural exhibits and 1 space per 400 square feet library services of gross floor area 3. Children's day care 5 spaces plus 1 space per classroom 4. Hospitals 1-W1/2 spaces per bed � 5. Lodge, fret:.--real, and 1 space for every 6 fixed civic assembly seats or every 12 feet of bench length or 1 space for every 60 square feet of gross floor area, whichever is greater 6. Public agency administrative 1 space for every 350 square l Service feet of gross floor area k %. Public safety services 1 space for every employee of the largest shift 8. Religious assembly 1 space for every 6 fixed ' seats or every 12 feet of k bench length in the assembly area or every 100 square feet of floor space in the assembly area where there are no permanent seats, whichever is greater 9. Schools F' a. [A] Preschool/kindergarten 5 spaces plus 1 space per classroom b. [83 Elementary, junior• 1.5 spaces for every employee, ; high school or plus 1 space for each 100 equivalent private or square feet of floor area in parochial school the auditorium or other assembly or 1 space for each 8 seats, whichever is greater c. [C] Senior high and 1.5 spaces for each employee, equivalent private or plus 1 space for every 6 parochial school classroom seats, and 1 space for each 100 square feet of floor area or 1 space for each 8 seats in the auditorium or other assembly , room, whichever is greater Ordinance 89- 230 d. [D] Commuter—type college 1 space for overt' full—time equivalent student e. [E] Resident—type college 1 space for every 3 full—time equivalent students f, [E] Commercial or business 1 space for every full—time school equivalent student Commercial uses 1. Administrative and 1 space for each 350 square professional services feet of gross flour space 2. Adult entertainment 1 space for each 400 square feet of gross floor area if bookstore, and i space per 6 seats or 12 feet of bench length if theater 3. Agricultural sales 1 space per 400 square feet of gross floor area, but not less than 4 spaces for each establishment 4. Agricultural services 1 space per 400 square feet of gross floor area, but not less than 4 spaces for each establishment 5. Amusement enterprises i space per 300 square feet of gross floor area, plus 1 space for every 2 employees or 1 space per 4 seats 6. Animal sales and services €e. [A] Auction 1 space per 50 square feet of gross floor area k,. [B] Grooming 1 space per 400 square fec-t of gross floor area c. [C] Kennels 1 space per employee d. [D] Veterinary 1 space per 300 square feet of dross floor area 7. Automotive and equipment a. [A] Cleaning 1 space per 500 square feet of gross floor area ordinance 89 _239-- .. b. [B] Fleet storage 1 space per each employee on the largest shift or 1 space per 1500 square feet, whichever is larger { c [C] Repairs: heavy 1 space per 500 square feet equipment of gross floor area, but not less than :3 spaces for each establishment d, [p] Repairs: light 1 space per 500 square feet equipment of gross floor area, but not less than 3 spaces for each establishment e. [E] Sales: rental: 1 space per 1,000 square feet farm equipment of gross floor area, but not less than 4 spaces for each establishment f• ['F] Sales: rental: 1 space per 1,000 square feet heavy equipment of gross floor area, but not less than 4 spaces for each establishment cam. [G] Sales: rentals: 1 space per 1,000 square feet light equipment of gross floor area, but not less than 4 spaces for each establishment h. [H] Storage: 1 space for each employee on or 1 se f nonoperating vehicles largest1shifte ,500 squarepac feet, whichever is larger r, [I] Storage: Recreational 1 space for each employee on largfo vehicles and boats eachest1,500t squareor Ipac feet, whichever is larger S. Building maintenance service i space for each 500 square feet of gross floor area, but not less than 3 spaces for each establishment Business equipment sales 1 space per 350 square feet 3. of cross floor area and service 10. Business support services 1 space per 350 square feet of gross floor area 1i. Communication services 1 space per 350 square feet of gross floor area -240 Ordinance 89- K 12. Construction sales and 1 space per 1,000 square feet services of gross floor area { 13. Consumer repair 1 space per 500 square feet services of gross floor area 14. Convenience sales and 1 space per 400 square feet personal service of gross floor area, but not less than 4 spaces per each establishment , 15. Eating and drinking 1 space per 50 square feet of establishments dining area plus 1 space for every 2 employees : 16. Explosive storage 1 space for every employee on the largest shift or 1 space for each 1,500 square feet, whichever is larger 17. Financial, insurance 1 space per 350 square feet . and real estate of gross floor area 18. Food and beverage 1 space per 200 square feet retail sales of gross floor area, plus 1 , space for every 2 employees C f 19. Funeral and internment services a. [A] Crematory and under— 1 space per each 4 seats or 8 taking feet of bench length in depth, or 1 space per 60 square feet where there are no fixed seats E; Fa. [8] Interning and Exempt cemeteries 20. :general retail 1 space for each 400 square [ _ -- sales feet of gross floor area, but not less than 4 spaces for each establishment 21. Laundry service 1 space per 500 square feet of gross floor^ area, but not K less than 3 spaces for each establishment 22. Medical and dental service 1 space per 200 square feet of gross floor area E { e41— Ordinance 09— F 23. Participant sports and recreation a. [A3 Indoor 1 space per 300 square feet of gross floor area b. [8] Outdoor i space per 100 square feet, plus 1 space for every 2 employees 24. Personal service 1 space per 500 square feet facilities of gross floor area 25. Research services 1 space for each employee on the largest shift or 1 space. per 500 square feet, whichever is larger 26. Retail sales: 1 space for each 1000 square bulky merchandise; feet of gross floor area but i.e. , furniture, appliances not less than 10 spaces for each establishment 27. Scrap operations and 1 space per each employee, recycling center but not less than 5 spaces for each establishment 28. Spectator sports and 1 space per 6 seats or 12 entertainment feet of bench length 29. Transient lodging 1 space for each room plus 1 space for each 2 employees Industrial Uses 1. Manufacturing, 1 space per employee of the production, processing largest shift and assembling I 2. Wholesaling, storage 1 space for each 1,000 square and distribution feet of gross floor area (plus 1 space per 700 square feet of patron serving area) but not '.ess than 10 spaces for each establishment 3. Mini warehouse 1 space for every 200 square feet of gross office floor area, plus a spaces for a caretaker residence. (Ord. 87-04; Ord. 85--07; Ord. 83-52) Ordinance 89- -242- A" 242-A se, 18.106.040 Modification to Parking Requirements A. The provisions of this section as to number of spaces may be modified by the approval authority [Director] as follows: 1. Compact Car Spaces a. [A] Up to 25 percent of the required parking spaces may be compact spaces; Arai 2. Croup Care Residential Facilities` Group Residential and Residential Hon;®s a. [A] The aeproval authority [Director] may, upon request, allow a reduction in the number of required off—street parking spaces in housing developments for elderly or handicapped persons if such reduction is deemed appropriate after analysis of the size and location of the development, resident auto ownership, number of employees, possible future conversion to other residential uses. Notice of the decision shall be given as provided by Section 18.32. 120 and the decision may be appealed as provided by Subsection 18.32.310.A. (Ord. 83-52) 18.106.050 Parking_Dimension Standards A.[(a)] Accessibility 1. Each parking space shall be accessible from a street or other right—of-way, and the access shall be of a width and location as described by Sections 18.108.070 and 18.108.080. Table of Standards: 1. Minimum standards for a standard parking stall's length and width, aisle width, and maneuvering space shall be ' determined from the following table. Dimensions for designated compact spaces are noted in parenthesis: Angle Overall from Stall Channel Aisle Curb Length Curb Width Width Width per Stall Parallel 910" 910" 12`0" 23' (12'0°`) (20'0") 301 91011 16'10" 12'0" (8'6") (14'10") 112'0"} (17'011) 45g'09a 19,1,E 14'0" 1219" (8`6") (16'7") (14KO1e) ' (12'0") 60A 91016 20'119 18,01, 10,5" (8'6") " (17'3") (18'0") (10'3") 90° 99094 104041 24`0" 910to 83`CyJ") (15'011) (24'0") (8'61:) t Ordinance 09— -243— .... 2. Sample Illustration: B A �C 0 3. The width of each parking space includes a four inch wide stripe which stearates each space. C.[(c)] Aisle Width: 1. Aisles accommodating two direction traffic, or allowing access from both ends shall be 24 feet in width. D. [(d)] Angle Parking: i. Angle parking is permitted; provided, that each space contains a rectangle of not less than nine feet in width and 18 fleet in length or 8-1/2 feet in width and 15 feet in length for compact spaces, and an appropriate aisle width as determined by interpolation of the table in Subsection 18,106.650.B. E.[(e)] Service Drive: 1. Excluding single—family and duplex residences, except as r provided by Subsection 18.164.030.P, groups of more than two parking spaces shall be served by a service drive so that no backing movements or other maneuvering within a street or other public right—of-way would be required; arm 2. Service r#riyt+a aha71 he designed and constructed -to facilitate the flow of traffic, provide maximum safety of traffic access and egress, and maximum safety of pedestrians and vehicular traffic on the site. Street Access: 1. Each parking or loading space shall be accessible from a street and the access shall be of a width and location as described in this title [code]. Ordinance 89- -244 Parking Space Configuration: 1. Parking space configuration, stall, and access aisle size f. shall be in accoraance with the minimum standard. N.[(h)] Parking Space Markings: F 1. Except for single—family and two—family residences, any area intended to be used to meet the off—street parking F requirements as contained in this chapter shall have all parking spaces clearly marked using a permanent paint; An 2. All interior drives and access aisles shall be clearly marked and signed to show direction of flow and maintain vehicular and pedestrian safety. I.[(i)] Parking Space Parking and Load Area Surface Requirements: 1. Except for single—family and two—family residences, and for temporary uses as authorized in Subsection 3 below, all areas used for the parking or storage or maneuvering of any vehicle, boat, or trailer shall be improved with asphalt or concrete surfaces according to the same standards required for the construction and acceptance of City streets; 2. Off—street parking spaces for single and two—family residences shall be improved with an asphalt or concrete surface to specifications as approved by the City Engineer [pubic works director]; and 3. Parking areas to be used in conjunction with a temporary use may be gravel when authorized by tho approval authority at the time the permit is approved. The approval authority shall consider the following in determining whether or not the gravel parking is warranted: �. [A] The request for consideration to allow a parking area in conjunction with the temporary use shall be made in writing concurrently with the Temporary Use application; b. [B] The applicant shall provide documentation that the type of temporary use requested will not be financially viable if the parking space surface area requirement is' imposed; &nd [C] Approval of the gravel parking area will not create adverse conditions affecting safe ingress and egress when combined with other uses of the property. F, Ordinance 89_ -24S— J. [(j)] Access Drives: 1. Access drives from the street to off-street parking or loading areas shall be designed and constructed to facilitate the flow of traffic and provide maximum safety for pedestrian and vehicular traffic on the site; 2. The number and size of access drives shall be in accordance with the requirements of Chapter 18. 108, Access, Egress, and Circulation; 3. Access drives shall be clearly and permanently marked and defined through use of rails, fences, walls, or other barriers or markers on frontage not occupied by service drives; A. Access drives shall have a minimum vision clearance as provided in Chapter 18.102, Visual Clearance; and 5. Access drives for single and two-family residences shall be improved with an asphalt or concrete su-face to specifications approved by the City Engineer. All other access drives shall be improved with an asphalt or concrete surface to the same standards required for the construction and acceptance of City streets. K. [(k)] Wheel Stops: 1. Parking spaces along the boundaries of a parking lot or adjacent to interior landscaped areas or sidewalks shall be provided with a wheel stop at least four inches high located three feet back from the front of the parking stall. The front three feet of the parking stall may be concrete, asphalt or low lying landscape material that does not exceed the height of the wheel stop. This area cannot be calculated to meet landscaping or sidewalk requirements. L.E(l)] Drainage. .1. Off-street parking and loading areas shall be drained in accordance with specifications approved pp:^oved by the Clty Engineer (public works director] to ensure [assure] that ponding does not occur: a. Except for single-family and two--family residences, off-street parking and loading facilities shall be drained to avoid flow of water across public sidewalks. E E(m)] Lighting: 1. Artificial lighting on all off--street parking facilities shall be designed to deflect- all light away from surrounding residences and so as not to create ,a hazard to the public use of any road or street. gF Ordinance 89- -246- N.[(n)] Signs: 1, Signs which are placed on parking lots shall be as pr°-scribed in- Chapter 18.114, Signs. t' O,[(o)] Maintenance of Parkings Areas: 1. All parking lots shall be kept clean and in good repair at E' all times. Breaks in paved surfaces shall be repaired promptly and broken or splintered wheel stops shall be replaced so that their function will not be impaired. (Ord. 85-46; Ord. 85-38; Ord. 85-32; Ord. 85-07; Ord. 84-50; Ord. 84-29; Ord. 83-52) 18.106.060 Reservoir Areas Re uired for Drive—in Use A. All uses providing drive—in services as defined by this title [code] shall provide on the same site a reservoir for inbound vehicles as follows: E' Use Reservoir Requirement Drive—in banks 5 spaces/service terminal Drive—in restaurants 10 spaces/service window Drive—in theaters 10% of the theater capacity Gasoline service stations 3 spaces/pump ' Mechanical car washes 3 spaces/washing unit Parking facilities: Free flow entry 1 space!entry driveway Ticket dispense entry 2 spaces/entry driveway Manual ticket dispensing 8 spaces/entry driveway Attendant. parking 10% of that portion of parking capacity served by the driveway (Ord. 83-52) 18.106.070 Loading/Unloading Driveways Required On—Site A driveway designed for continuous forward flow of passenger vehicles for the purpose of loading and unloading passengers shall be located on the site of any school. or ether meeting place which is designed to accommodate more than 25 people at one time (Ord. 83-52) 18.106.080 Off—Street Loadin S aces A. Buildings or structures to be built or altered which receive and distribute material or merchandise by truck shall provide and maintain off—street loading and maneuvering space as follows: 1. Every commercial or industrial use having floor area of 1+3.000 square feet or more, shall have at least one off—street loading space on site; and s —247— ordinance 89—; I, [ 2. One additional space shall be provided for each additional 20,000 square feet or major fraction thereof. (Ord. 83--52) 18.106.090 Off—Street Loading Dimensions Each loading berth shall be approved by the City Engineer as to design and location. Each loading space shall have sufficient area for turning and maneuvering of vehicles on the site, and: 1. - At a minimum, the maneuvering length shall not be less than twice the overall length of the longest vehicle using the facility site. C.[(c)] Entrances and exits for the loading areas shall be provided at locations approved by tho City Engineer in accordance with Chapter 18.108. Screening for off—street loading facilities is required n.nd shall be the same as screening for parking lots in accordance with Chapter 18.100. (Ord. 83-52) Ordinance 89- —248— E 4 F P" Chapter 18.108 ACCESS, EGRESS, AND CIRCULATION Sections: 18.108.010 Purpose 18.108.020 Applicability and G6 neral Provisions 18.108.025 Applicability G VILY>u, M5 18.108.030 Joint Access ---U 18.108.040 Public Street Access 18.108.050 Required Walkway Location 18.108.060 Inadequate or Hazardous Access 18.108.070 Minimum Requirements: Residential Use 18.108.080 Minimum Requirements: Commercial and Industrial Use 18.108.090 Width and Location of Curb Cuts 18.100.100 One—way Vehicular Access Points 18.1013.110 [Planning] Director's Authority to Restrict Access: Appeal Provisions 18.108.120 Variances to Access Standards 18.108.130 Administration and Approval Process 18.108.140 Expiration of Approval: Standards for Extension of Time 18.108.150 Approval Standards 18.108.160 Application Submission Requirements 18.108.010 Purpose A. The purpose of this chapter is to establish standards and regulations for safe and efficient vehicle access and egress on a site and for general circulation within the site. (Ord. 83-52) 19.108.020 Applicability and General Provisions j(a)] The requirements and standards of this chapter shall not apply where they conflict with the subdivision rules and standards of this title [code]. j(b)] The provisions and maintenance of access and egress stipulated in this title [code] are continuing requirements for the use of any structure or parcel of real property in the City. No building or other permit shall be issued until scaled plans are presented and approved as provided by this chapter that show how access, egress, and circulation requirements are to be fulfilled. p.[(d)] Should the owner or occupant of a lot or building change or enlarge the use to which the lot or building is put, thereby increasing access and egress requirements, it is unlawful and is a violation of this title [code] to begin or maintain such altered use until the provislans of this chapter have been met if required or until the appropriate approval authority has approved the change (Ord. 83-52) Ordinance 89— -249— ±8.108.025 AMlicability I �JtS1UY�S, A.[(a)] The provisions of this chapter shall apply to all development including the construction of new structures, the remodeling of existing,structures (see Section 18.120.020), and to a change of use which increases the on-site parking or loading requirements or which changes the access requirements. % [(b)] Where the provisions of Chapter 18.120, Site Development Review, do not apply, the Director shall approve, approve with conditions, or deny a plan submitted under the provisions of this chapter. No notice is required. The decision may be appealed as provided by Subsection 18.32.310.A. qj(c)] The applicant shall submit a site plan which includes: 1. The location of the structures on the property and on the adjoining property; 2. The location of parking and loading areas and their dimensions; 3. The location of the circulation area necessary to serve the spaces; 4. The location of the access point(s) on the site and on the adjoining properties; 5. The location of curb cuts on adjoining properties and on the subject site; 6. The location and dimensions of all landscaping, including the type and size of plant material to be used, as well as ` any other landscape material incorporated into the overall plan; 7. The proposed grading and drainage plans; and 8. Specifications as to signs. (Ord. 83-52) 18.108.030 Joint Access A. Owners of two or more uses, structures, or parcels of land may agree to utilize jointly the same access and egress when the combined access and egress of both uses, structuress or parcels of land satisfies the combined requirements as designated in this t.;:`c �codejd provided: 1. Satisfactory legal evidence shall be presented to the Citi; Attorney in the form of deeds, easements, leases, o- contracts to establish the joint use; and Ordinance 09-- -250- 7:111-777a.— _ e... .,.. _..m 2. Copies of the deecs, easements, leases, or contracts are placed on permanent file with the City Recorder. (Ord. 83-52) 18.108.040 Public Street Access All vehicular access and egress as required in Sections 18.108.070 and 18.108.080 shall connect directly with a public or private street approved by the City for public use and shall be maintained at the required standards on a continuous basis. 8.[(b)] Vehicular access to structures shall be provided -to residential uses and shall be brought to within 50 feet of the ground floor entrance or the ground floor laio-;ing of a stairway, ramp, or elevator leading to the dwelling units. Vehicular access shall be provided to commercial or industrial uses, and shall be located to within 50 feet of the primary ground floor entrances. (Ord. 83-52) 18.108.050 Required Walkway Location Walkways shall extend from the ground floor entrances or from the ground floor landing of stairs of ali commercial and industrial uses, ramps, or elevators to the streets :which provide the required access and egress. Within all attached housing (except two-family dwellings) and ( multi-family developments, each residential dwelli..g shall be connected to the vehicular parking area, and common open space and recreation facilities shall be connected by a walkway system having a minimum width of four feet and constructed of an all weather material. (Ord. 83-52) 18.108.060 Inadequate or Hazardous Access A_.[(a)] Applications for building permits shall be referred to the Commission for review when, in the opinion of the Director, the access proposed: 1. Would cause or increase existing hazardous traffic conditions; or 2. Would provide inadequate access for emergency vehicles; or 3. Would in any other way cause hazardous conditions to exist ' which would constitute a clear and present danger to the public health, safety, and general welfare. w y„ Ordinance 69 -251- a ��• .ire,.. . _ . w..___ _ _ _ 8.[(b)] Direct individual access to arterial or collector streets as designated on the Tigard comprehensive plan map: transportation element from single-family dwellings and duplex lots, established after the effective date of the code codified in this title, shall be discouraged. Direct access to major collector or arterial streets shall be considered only if there is no alternative way to accea3 the site. 1. In no case shall the design of the service drive or drives require or facilitate the backward movement or other maneuvering of a vehicle within a street, other than an alley; and 2. Service drives for multi-family dwellings shall be fully improved with hard surface pavement with a minimum width of: a. [A] When accommodating two-way traffic, 24 feet, or b. [e] when accommodating one--way traffic, 15 feet. (Ord. 84--61; Ord. 83- 52) 18 108.070 Minimum Requirements: Residential Use �.[(a)] 'vehicular access and egress for single-family, duplex or attached single-family dwelling units on individual lots, residential use, shall not be less than the following: Number Minimum Number Dwelling of Driveways Minimum Minimum Pavement ( Unit/Lots Required Access Width Width 15' 10' 2 2 15` 104 or 1 25' 20' 3-6 1 30'[(not 24` (curbs to exceed 100 ft. and walkway in length)] required) 8. Private residential access drives shall be provided and maintained in accordance with the provisions of Section 10.207 of the Uniform Fire Code. C. Access drives in excess of 150 feet in length shall be provided with roved provisions for the turnina around of , fire Gattisbv one of the foljSVi%�- 1. A level circular. Raved surface having a minium turn radius measured from canterpoint to outside edae of 45 feet. 2. A level hammerhead configured, hawed surface with each le_q of the hammerhead hayingL a minimum depth of 40 feet and a minimum width of 20 feet. Ordinance 89- -252- D.[(b)] Vehicular access and egress for multiple-family residential uses shall not be less than the following: Minimum Number Dwelling of Driveways Minimum Access Minimum Pavement 11n7+« ,.PaIIIlirad Rckauired Sidewalks. Etc. 1-2 1 10' 10' 3-19 1 30' 24' if two-way, 15' if one-way: Curbs and 5' walkway required 20-49 1 30' 24' if two-way, or 2 30' 15' of one-way: Curbs and 5' required 50-100 2 30' 24' : Curbs and 5' walkway required 100+ for each 100 one additional 24' drive with spaces 5' walkway or a public street (Ord. 93-52) 18.108.080 Minimum Requirements: Commercial and Industrial Use i A. Vehicle access, egress and circulation for commercial and industrial use shall not be less than the following: Required Minimum Parking Number Driveways Minimum Access Soaceg_ Required Width Minimum Pavement 0-99 1 30' 24' ; curbs required 5' sidewalk one side only when abutting streets with sidewalks 100+ 2 30' 24'; curbs and 5' sidewalk or required 1 50' 40' ; curbs and 5' sidewalk required �r Ordinance 89- -253- 8. Additional requirements may be placed as conditions of site design review for truck traffic. (Ord. 84-29; Ord. 83-52) 18.108.090 Width and Location of Curb Cuts A. The curb cut standards shall be in accordance with Subsection 18.164.030.N. Cross-sections of each street and related standards are shown in Subsection 18. 164.030.Z. (Ord. 83-52) 18.108.100 One-Way Vehicular Access Points A. Where a proposed parking facility indicates only one-way traffic flow on the site, it shall be accommodated by a specific driveway serving the facility; the entrance drive shall be situated closest to oncoming traffic and the exit drive shall be situated farthest from oncoming traffic. (Ord. 83-52) 18.108.110 [Planningl Director's Authority to Restrict Access: Appeal Provisions &J(a) In order to provide for increased traff : movement on congested streets and to eliminate turning movement problems, the Director [or designee] may restrict the location of driveways on the street and require the location of driveways be placed on adjacent streets upon the finding that the proposed access would: 1. Cause or increase existing hazardous traffic conditions; or 2. Provide inadequate access for emergency vehicles; or 3. Cause hazardous conditions to exist which would constitute a clear and present danger to the public health, safety, and general welfare. —a. (b) A decision by the Director may be appealed to the Commission as provided by Subsection 18.32.a lu.A, Procedures for Decision Making: Quasi-Judicial. (Ord. 83-52) 18.108.120 Variances to Access Standards A In all zoning districts where [the spacing of] access and egress drives cannot be readily designed to conform to Code standards [achieved] within a particular parcel, [joint] access with an adjoiring property shall be sought. If [joint] access cannot be achieved, the Director may grant a variance to the access [spacing] requirements of this chapter based on the standards set forth in Section 18.108.150. (Ord. 83-52) 13.108.130 Administration and Approval Process A.[(a)] The applicant of an access vari<nce shall be the recorded owner of the property or an agent authorized in writing by the owner. t` � I Ordinance 89- -•254 - i N B C(b)] A preapplication conference with City staff is required, g Section 18,32.040. ) (See C•C(c)] Due to passible changes in -:�_ _:�.Le statutes, or regional or local policy, information given by preapplication conference is vstaff to the applicant during the alid for not more than six months: 1. Anther preapplication conference is required if any accessory use or structure application is submitted six months after the preapplication conference; and 2• Failure of the Director to provide any of required by this chapter shall p to onstituteeai waiertlof the standard, criteria, o- requirements of the applications. C C(d)] The Director shall approve, approve with conditions, or deny an application for a temporar apply the use. The Director shall a 1 e standards set forth in Section 18.140 when reviewing an application for a temporary use. L•C(e)] The decision of the Director may be appealed in accordance with Subsection 18.32.310.A. C'ttf)] The Director shall mail notice of the decision to the persons who are entitled to notice in accordance with Section 18.32.120. (Ord. 83-52) 18.108.140 Ex iration of A real: Standards for Extension of Time �•C(a)] An access variance approval by the Director shall lapse if: 1• Substantial construction of the approved plan has not begun within a one-9'iar p=eriod; or 2. Construction o the `sjte is a departure from m the approved C(b)] The Director shall, upon written request by the applicant and Payment of the required fee, grant an extension of the approval Period not to exceed Csix months provided that: 1• No changes are made on the original access variance plan as approved by the Director; 2• The applicant can show positive steps have been taen to initiate conste•uction. of the site pwithin the six-month extension period; and 3. There have been no changes in the facts or applicable Policies and ordinance provisions on which the approval was based. Ordinance 89— E -� -255- � r: K; The decision of the Director may be a Subsection 18.32.310,A. No notice of he a©ed Director's provided by � need be given. - tor' decision g� (Ord, 83-52) 18.108.150 Approval Standards A. Th%: Director may approve, approve with conditions, or deny a riquest for an access varian a based on findings- that., 1. It is not possible to share access; 2. There are no other alternative access points on the street in question or from another street; 3. The access separation requirements cannot be met; S 4. The request is the minimum variance required to provide r adequate access; 5. The approved access or access approved with conditions will result in a safe access; and 6. The visual clearance requirements of Chapter 18.102 will be � met. (Ord. 83-52) 18.108.160 Applicatinn Submission requirements J(a)] All applications shall be made on forms provided by the Director and shall be accompanied by: �: u 1.'LThrec copi for review by the Director of site plan(s) and necessary d to or narrative which explains how the [temporary u proposal conforms to the standards: QCC�PSS �/Cc.2�cz-,n.G� .a. ""-L-fiT-'The site plan(s) drawings shall be drawn on sheets preferably not exceeding 18 inches by 24 inches; and �. [B] The scale shall be an _enaineerina scale [20 feet, 50 feet and 100 feet to the inch]; and .E [C] All drawings of structure elevations shall be a standard architectural scale, being 1/4 inches or 1/8 inches; 2. A list of the names and addresses of all 'persons who are property owners of record within 100 feet of the site; and 3. The required fee t. Ordinance 09- 25 F.A E f. B. (b)) The proposed access variance site plan shall include the � following information: ;_._ township,subdivision range and vname, taxblock lot Humberlot number or the secLlvn, ~ 2, The relationship of the lot to the road system; g The location of access points on adjoining lots and on the lots across the street; q. The location and setback of structures and parking areas on the lot and on the adjoining Tuts; 5, The location of the proposed access; and 6. The site distances from the proposed access point. (Ord. $3-52) —257— f " ordinance 99$ Chapter 18.114 SIGNS f` Sections: 18.ii4.010 Purpose 18.114,012 Effective Date of this Chapter 18.114.015 Definitions 18.114,020 Permits Required 18.114,030 Administration and Approval Process 18.114.040 Expiration of. Approval: Standards for Extension of Time 18.114.050 Inspections 18.114.060 Sign Exemptions 18.114.070 Certain Signs Prohibited 18.114.080 Sign Illumin«tion 18.114.085 Sign Measurement 18.114.090 Special Condition Signs 18.114.100 Temporary Signs 18.114.110 Nonconforming Signs 18.114.120 Sign Removal Provisions: Nonconforming and Abandoned Signs 18.114.130 Zoning District Regulations 18,114,140 Sign Code Exceptions i 18.114.145 Approval Criteria for Exceptions to Sign Code , 18.114.148 Criteria for Approval of an Administrative Exception 18.114.150 Sign Code Exception Application Submission Requirements 18.114.160 Sign Permit Application Requirements 18.114.010 purpose f The purpose of this chapter is: E 1. To protect the health, safety, property, and welfare of the C public; 2. To improve the neat, clean, orderly, and attractive appearance of the community; 4 3. To allow and promote positive conditions for meeting sign users' needs while at the same time avoiding nuisances to nearby properties; 4. To provide for safe construction, location, Erection, and maintenance of signs; 5. To prevent proliferation of signs and sign clutter; and 6. To minimize adverse visual safety factors to public highway travelers. Prior 0rdinance History: Ords. 87-41, 86-65, 86-32, 86-23, 85-32, 85-07, 84-71, 84-69, 84-61, 84-22, 83-52. Index maps and figures pertaining to signage on Highway 217 and Interstate Highway 5 are attached to Ord. 88-20 which is on file in the office of the City Recorder. 0rdinance 89-__ -258- !11-,:1 256-,,,, B.E(b)] In addition, it is the purpose of this chapter to regulate the design, quality of materials, construction, location, electrification, illumination, and maintenance of all signs visible from public property or from public rights—of—way. �( r, [(c)] it is not the purpose of this chapter to permit the erection or maintenance of any sign at any place or in any manner unlawful under any other ordinance, or state or federal law. ©.E(d)] This chapter adopts by reference the pr;)vis ons of the Oregon Motorist Information Act, ORS Chapter 377[.700-377.992]. (Ord. 88-20) 18.114.012 Effective Date of this Chapter A. W] All references made in this chapter to the effective date of this chapter shall mean November 9, 1983, unless otherwise specifically stated in an ordinance revision. (Ord. 88-20) 18.114.015 Definitions For the purpose of this chapter, words used in the present tense include the future, the singular number includes the plural, "shall" is mandatory and not Directory, and "building" includes "structures" except "sign structures." B.E(b)] As used in this title, unless the ;ontext requires otherwise, the following words and phrases shall have the meanings set forth in this chapter. The defin;tions to be used in this chapter• are in addition to g Chapter 18.26, Definitions, and are as follows: e 1. "A" Board Sign — any double face temporary rigid sign. 2. Abandoned Sign — a structure not containing a sign for 90 continuous days or a sign not in use for 90 continuous days. 3. Area — see Section 18.114.085 for definition of sign area. 4. Awning Sign — a wall sign incorporated into or attached to an awning. 5. Balloon — see definition under Temporary Sign, Subsection 18.114.015.C.52. 6. Banner• — see definition under Temporary Sign, Subsection 18.114.015.C.52. 7. Bench Sign bench designed to seat people which carries a written or graphic message. S. Billboard - a sign face supported by a billboard structure. Ordinance 89— —259 s 9. Billboard Structure - the structural framework which supports a billboard. R 10, Building Official -• officer or designee of the City empowered to enforce the Uniform Building Code. 11. Business - all of the activities carried on by the same logai entity on the same premises and includes eleemosynary, fraternal, religious, educational, or social organizations. "Legal entity" includes, but is not limited to, individual proprietorships, partnerships, corporations, nonprofit corporations, associations, or joint stock companies. 12. Construct -- every type of display in the form of letters, figures, characters, representations. 13. Cutout - every type of display in the form of letters, figures, characters, representations or others in cutout or irregular form attached to or superimposed upon a sign or , advertising sign. 14. Development Review - the site development review process set forth in Chapters 18.120 or 18.130 or 18.80. 15. Directional Sign - a permanent sign which is designed and erected solely for the purpose of traffic or pedestrian direction and placed on the property to which the public is directed. S 16. Display Surface - the area made available by the sign structure for the purpose of displaying the advertising or identification message. ' 17. Electrical Sign - includes any sign utilizing electrical wiring. '. 18. Electronic Information Sign - includes signs, displays, devices or portions thereof with lighted_ changing messages that change at intermittent intervals, each lasting more than two seconds, by electronic process or remote control. Electronic information signs are not identified as rotating, revolving, or moving signs. Also known as an automatic changeable copy sign or electronic variable message center. 19. Face of a Building - all windows and wall areas of a building in one or more parallel planes. -260- Ordinance Fid- �� � 3"�iR' *• w -z' Y F 1 . 20, Flashing Sign — any sign which is illuminated by an intermittent or sequential flashing light source whose interval is two seconds or• less in duration, or which is in r any other way animated so as to create the illusion of- movement without actual physical movement or the illusion of a flashing or intermittent light or light source. 21. Flush -Pitched "Roof" Sign — a sign attached to a mansard or similar type of vertically aligned roof. See Subsection 18.114.090(G) . 22. Freestanding Sign -- a sign erected and mounted on a freestanding frame, mast or pole and not attached to any building. 23. Freeway Interchange — any intersection of an exit off—ramp of Interstate Highway 5 or State Highway 217 with a surface j street. 24. Freeway—Oriented Sign — a sign primarily designed to be read by a motorist traveling on a highway designated by the Oregon State Highway Department as a freeway or expressway; specifically, these shall be Interstate 5 and Oregon State Highway x}217, and shall not include Highway 99W. 25. Frontage the length of the property line of any one premises along a public roadway. � 26. dousing Complex — a grouping of one or cnre single—family attached residential units or one or more multi—family residential units. 2.7. Immediate or Serious Danger: a. [A] Whenever any portion of the structure is damaged by l fire, earthquake, wind, flood, or other causes; and any member or appurtenance is likely to fail, become detached or dislodged, or to collapse and thereby injure persons or damage property; b, [B] Whenever any portion of the structure is not of sufficient strength or stability or is not so anchored, attached or fastened in place as to be capable of resisting a wird pressure of one—half of ® that specified in the Uniform Building Code for this type structure or similar structure, and will not exceed the working stresses permitted in the Uniform Building Code for such structures and c. [C] Whenever the location of the sign structure obstructs the view of motorists traveling on the public streets or private property, and thus causes damage to property or thereby injures persons. Ordinance 89 -261— 28. .Industrial Park — a parcel of land which complies with the requirements set forth in Chapter 18.68. ( 29. Lawn Sign — see definition under Temporary Sign, Subsection 18.114,015(52). t 34. Lighting Methods: a. [A] Direct — exposed lighting or neon tubes on the sign face; F F b. [o] clashing — lights which blink on and off randomly or in sequence; c. CC] Indirect or External - the light source is separate from the sign face or cabinet and is directed so as to shine on the sign; and SL [D] Internal -- the light source is concealed within the sign. 31. Maintenance — normal care needed to keep a sign functional such as cleaning, oiling and changing, and repair of light bulbs and sign faces. Does not include structural alteration. 32. Nonconforming Sign a sign or sign structure lawfully ' erected and properly maintained that would not be allowed ; under the sign regulations presently applicable to the site. 33. Nonstructural Trim — the moldings, battens, caps, nailing strips and latticing, letters and walkways which are attached to a sign structure. 34. Painted Wall Decorations — displays painted directly on a wall, designed and intended as a decorative or ornamental ; feature. Decorations may also include lighting. 35. Painted Wall Highlights — painted areas which highlight a building's architectural or structural features. 36, Painted Udall Sign — a sign applied to a building wall with � paint and which has no sign structure. 37. Person individuals, corporations, associations, firms, —� partnerships, and joint stock companies. 38. Premises — one or !sore lots on which are constructed or on which are to be constructed a building or a group of buildings designed as a unit. Ordrinanc%� 89— —262— 39. Projecting Sign -- a sign attached to a building other than a wall sign in which the sign face is not parallel to the wall. Such sign shall not project above the wall of the f' building to which it is attached, except where there is an existing parapet. 40. Projection - the distance by which a projecting sign extends from a building. 41. Public Sign - signs legally erected for traffic or informational purposes by or on behalf of a government agency. 42. Readerboard Sign - any sign with changeable copy or [as] a message, except electronic information signs. 43. Roof Line - the top edge of a roof or building parapet, whichever is higher, excluding any cupolas, chimneys, or other minor projections. 44. Roof Sian - a sign erected fully upon or directly above a roof line or parapet of a building or structure. Exceptions: Approved temporary balloons, signs attached i-o existing architectural features and flush mounted "roc,?" signs. 45. Rotating, Revolving or Moving Sign - any sign, or portion of a sign, which moves in any manner. 46, Shopping Center developments of not less than eight business units. 47. Shopping Plaza - developments of between two and seven r ' business units. 46. Sign - materials placed or _constructed primarily to convey a wessage or other display:,and which can be viewed from a right-of-away, another property or from the air. 49. Sign Structure - any structur6' which supports or is capable of supporting any sign as described in the Uniform! Building Code. A sign structure may be a single pole and may or may not be an integral oart of a building. So. Structural Alteration - modification of the size, shape, or height cf a sign structur,�. Also includes replacement of sign structure materials with other than comparable -ai-erials, for example metal parts replacing wood parts. 51. Surface Street - a street which does not have limited access and which is not a freeway or expressway. €lydinance B3-- -263- 52. Temporary Sign - any sign, "A" board frame, banner, lawn sign, or balloon which is not permanently erected or permanently affixed to any sign structure, sign tower, the ground or building, and which is not an electrical sign or an internally illuminated sign or one with changeable message characteristics, a. [A] Temporary Rigid Sign - a temporary sign, other than a lawn sign, made of rigid materials such as wood, plywood, plastic. See Subsection 18.114.100.0; E b. [8] Balloon - an inflatable, stationary temporary sign anchored by some mean^ to a structure or the ground. Includes simple childrens' balloons, hot and cold air balloons, blimps and other dirigibles. See Subsection 18.114.090.0; € C. [C] Banner - a sign made of fabric or other nonrigid material with no enclosing framework. See Subsection 18.114. 100.C.5; and E d. [D] Lawn Sign - a freestanding sign in residential zones which is exempt from sign permit requirements provided the size rec[uir_eme_nts _ in [. See] Subsection 18.114.060.8.2 cancan bemet. 53. Tenant Sign - a sign placed in control of a current tenant ? or property owner. 54. Uniform Building Code - the most recent structural and specialty Oregon . Uniform Building Code as adopted by the Oregon Department of Commerce, and which Uniform Building Code, by this reference, is incorporated in this title to the extent of specific citations thereof in this title. 55. Mall Sign - any sign attached to, painted on, or erected against the wall of a building or structure with the exposed face of the sign in a plane parallel to the plane of the wall. (Ord. 88-20) 18.114.020 Permits Required M(a)] No sign or sign structure shall hereafter be erected, re-erected, constructed, structurally altered or relocated within the City limits except as provided by this title, and a permit for the same sign or sign structure has been issued by the Director. A.[(b)] A separate permit shall be required for each sign or signs for each business entity and a separate permit shall be required for each group of signs on a single supporting structure. Separate structural permits under the Uniform Building Cade shall also apply. Ordinance 89- -264- D. [(d)] An electrical permit shall be obtained for all illuminated signs, from the enforcing agency subject to the provisions of the State electrical Code. E_[(e)] The Director may require application for sign permits for all signage at a given address if no existing permits previously had been approved or documented. (Ord. 88-20) 18.114.030 Administration and Approval Process .[(a)] The applicant for sign permit proposals, sign code exceptions, administrative variances, or exceptions shall be the recorded owner of the property or an agent authorized in writing by the owner. i A preapplication conference with City staff is required for sign j code exception and administrative variance applications. (See Section 18.32.040.) C.[(c)] Due to possible changes in State statutes, or regional or local policy, information given by staff to the applicant during the preapplication conference is valid for not more than six months: 1. Another preapplication conference is required if any sign permit or structure application is submitted six months after the preapplication conference; and 2. railure of the Director to provide any of the information required by this chapter shall not constitute a waiver of the standards, criteria or requirements of the applications. r D.[(d)] The Director shall approve, approve with conditions, or deny any application for a sign permit. The Director shall apply the standards set forth in this chapter when reviewing an application for a sign. The decision of the Director may be appealed in accordance with Subsection 18.32.310.A. The following shall qualify to have standing as a party: I. Any person who has been ordered by the Director to remove a sign, alleged to be in violation of this chapter; i. Any person whose permit to erect or alter a sign has been refused or revoked under this chapter; 3. Any person seeking an exception from the provisions of this Chapter; 4.. Any person adversely y el affected b a determination of nonconformity by the Director under Section 13.114.110; a Ordinance 89— 265 _.r- t. E 5. Any person otherwise adversely affected by a determination made under= this chapter. F°[(f)] No hearing before the Commission shall be granted from a decision by the Director unless the appeal is filed within 10 days of the decision. G.[(C!)', Application for hearing shall not stay the action of the Director unless the applicant requests a stay and, after appropriate notice and hearings, the Director determines that specific public safety considerations outweigh the delay of the action for the hearing and review process. E. k H.[(h)] The Director is authorized and directed to enforce all of the ' provisions of this chapter: 1. All signs for which permits are required shall be inspected by the Director; and 2. upon presentation of proper credentials, the Director may enter at reasonable times any building, structure, or premises in the City to perform any duty imposed upon the position by this chapter. I.[(i)] Sign permit, sign code exception, and administrative variance fees will be set by resolution of the City Council. j(j)] Application for administrative variances to this chapter shall be reviewed by the Commission, according to the approval criteria contained in Section 18.134.050. (Ord. 88-20) 18.114.040 Expiration of Approval: Standards for Extension of Time !!—.[(a)] Sign permit approval by the Director shall be effective for a period of 90 days from the date of approval. §.[(b)] The sign permit approval by the Director shall lapse if: 1. Substantial construction of the approved plan has not begun within the 90 day period; or ; 2. Construction on the site is a departure from the approved plan. �J(c)] The Director shall, upon written request by the applicant, grant an extension of the approval period not to exceed 90 days provided that: 1. No changes are made on the original sign permit plan as approved by the Director; 2. The applicant can show intent of initiating construction of the sign within, the 90 day extension period; and Ordinance 89�- --255— r; 3. There have been no changes in the applicable policies and ordinance provisions and Uniform Building Code provisions ff on which the approval was based. (Ord. 88-20) t 18.114.050 Inspections General: 1. All construction work for which a permit is required shall be subject to an inspection by the Building Official in accordance with the Uniform Building Code and this title: a. [A] A survey of the lot or proposed location for sign erection may be requ'4red by the Building Official to verify compliance of the structure with approved plans: and i+ [8] neither the Building Official nor the jurisdiction shall be liable for expensa or other obligations entailed in the removal or replacement of any material required to allow inspection. Inspection Requests: 1. It shall be the duty of the person doing the work authorized by a permit to notify the Building Official that such work is ready for inspection. The Building Official may require that every request for inspection be "piled at least one working day before such inspection is desired. Required Inspections: i. Reinforcing steel or structural framework of any part of the proposed structure shall not be covered or concealed without first obtaining approval of the Building Official. DJ(d)] Foundation inspections shall be made after all required excavations, form work and bolt settings are completed and ready to receive concrete. All anchorages shall be left exposed for. inspection. F.[(f)] Electrical inspection shall be made by the agency issuing electrical permits. �•[(g)] Final Inspections: 1 Final insaection shall be called for by the applicant when all work is completed. This inspection shall coverall items required by the Building Official under State law or City ordinances such as the locations, landscaping if required, and general compliance with the approved plans and requirements of this title. (Ord. 88-20) —267 Ordinance Bg t 38.114.060 Sign_Exemptions A J(a)] The following signs and operations shall not require a sign p permit out shall conform to all other applicable regulations of this chapter and the provisions of Subsection (ip) below: 1. Signs of a temporary nature which meet all of the following criteria: a. [R] There is no more than one temporary sign on the premises; for each temporary sign in excess of the one exempted sign a temporary sign permit shall be required as provided in Section 18. 114.100; b, [8] gall signs or wall banners which do not exceed a total of 30 square feet in area in commercial or industrial Zones, or lawn signs [freestanding signs] which do not exceed the maximum allowablearea on one Rremises regardless of the number of signs as follows. [a total. of 32 square feet per face in area; arid] a total of 12 square feet in sirsgIs family residential zones; ii a total of 24 sasuare feet in multi-family residential zones and, c. [C] The temporary sign will be erected for a period no longer than 60 days; 2. Signs not oriented or intended to be legible from a right-of-way, other property, or from the air; 3. Signs inside a building, except for strobe lights visible from a right-of-way, other property or from the air; 4. Painted wall decorations; 5. Painted wall highlights; b. lawn signs; ?. Signs affected by stipulated judgments to which the City is a party, entered by courts of competent jurisdiction; 8. Directional signs; 9. Interior wiMLgg signs; c t X Ordinance 89-- —268— 10. [9.] Nothing in this title shall prevent the erection, location or construction of directional signs on private property when such signs are solely designed to direct pedestrians or vehicular traffic while on the parcel of real property on which the signs are iucateu. No sign permit or fee shall be required for such signs; and 11. [10.] Nothing in this title shall prevent the erection, location or construction of signs on private property where such erection, construction or location is required by any law or ordinance, nor shall any public agency or utility be prohibited from erecting signs on private property when otherwise permitted. No sign permit or fee shall be reguire#1 for such signs. 9. [(b)] All signs exempt from permit requirements under Subsection A above shall meet the following requirements: 1. The sign shall be erected on private property with the consent of the lawful possessor of the property and shall not be placed on utility poles or in the public right—of—way; and [2. Except as otherwise stated in Subsection 18.114.069.A.8, the total area of exempted signage per parcel shall not exceed six square feet per face in single family residential, six square feet per face in multi—family zones, 32 square feet per face in C—N zoning districts and 32 square feet per face in other zoning districts, regardless of the number of signs; and] 2. [3.] At least one sign shall be permitted per parcel of land; additional signs on such parcel shall be spaced at least 50 feet apart in residential zoning districts and 30 feet apart in nonresidential zoning districts. C.[(c)] Signs exempt from permit requirements under Subsection 18.114.060.8 shall be removed within 10 days of their initial display. jj(d)] The sign permit provisions of this section shall not apply to repair, maintenance, or change of copy on the same sicLnn (including, but not limited to the changing of a message on a sign specifically designed and permitted for the use of changeable [replaceable] copy), or unlawfully erected or maintained signs. (Ord. €38-20) 18.114.070 Certain Signs Prohibited Aj(a)_ Prohibited Display of Flags and Banners: Ordinance 89 —269— It is a violation of this chapter to erect or maintain strings of pennants, banners or streamers, festoons of Lights, clusters of flags, strings of twirlers or propellers, flashing or blinking { lights, flares, balloons, and similar devices of carnival character. Exceptions: 1. National, state, and institutional flags properly displayed; 2. Signs and banners approved as temporary signs; and k' 3. Balloons as allowed in Subsection 18 114.090(C). g,[(b)a Unsafe Signs or Improperly Maintained Signs: No sign shall be constructed, erected, or maintained unless the sign and sign structure is so constructed, erected and maintained as to be able to withstand the wind, seismic and other requirements as specified in the Uniform Building Code or this title. Signs at Intersections: No sign shall be erected at intersections of any streets in such a manner as to materially obstruct free and clear vision. All signs shall be consistent with Chapter 18.102 of this title: 1. No sign shall be erected at any location where, by reason of the position, shape, or color, that interferes with, obstructs the view of, or could be confused with any authorized traffic signal or device; and 2. No sign shall be erected which makes use of the word stop look, danger, or any other similar word, i phrase, symbol, or character in such manner as is reasonably likely to interfere with, mislead or confuse motorists. D.C(d)] obscenity: No sign shall bear or contain statements, words or pictures in which the dominant theme of the material, taken as a whole, appeals to the prurient interest in sex or is patently offensive because it affronts the contemporary community standard relating to the description or representation of sexual material which is utterly without redeeming social value. Ordinance 89-� -270-- Traffic Obstructing Signs: i No sign or sign structure shall be constructed in such a manner [` L L. location L1..-.L ,L 1 1...4....,.,.1. = cn. R to any f Z re 1 or at such a loca'vion t1hat i1• Will k/A,..V. :xL.. a. -�.:� f escape or other means of ingress or egress from a building or- any exit corridor, exit hallway, or exit doorway. No sign or supporting structure shall cover, wholly or partially, any window , that t will l � k or doorway in any manner ���a� i,. substantially limit access �. to the building in case of fire, a L--1(f)3 Abandoned Signs 4 Bare Light Bulbs: Strings of bare lights shall not be constructed, erected, or maintained within view of any private or public street or right—of—way except if designed as part of a structure's F architectural design. This subsection shall not apply to ` lighting displays as described in Subsection 18,114.070.A.2. H. [(h)) Roof Signs: Roof signs of any kind are prohibited, including temporary signs with the sole exception of approved temporary balloons. Revolving Signs: Revolving, rotating or moving signs of any kind are prohibited. i J.[0)1 Flashing Signs: A sign which displays flashing or intermittent or sequential light, or lights of changing degrees or intensity, with each interval in the cycle lasting two seconds or less. Exposed reflective type bulbs, strobe lights, rotary beacons, par spots, zip lights, or similar devices shall be prohibited. k.[(k)j Temporary Signs with Illumination or Changeable Copy: A sign not permanently erected or affixed to any sign structure, sign tower or building which is an elect';rical or internally illuminated sign or a sign with changeable message characteristics Right-of—flay: Signs in the public right—of—way in whole or in part, except signs legally erected for informational purposes by or on behalf of a government agency, Signs on a Vehicle: Ordinance 83- —271— Any sign placed on or painted on a motor vehicle or trailer, as defined by ORS Chapter 801[805.560, 005.565 and 805.5903, with the primary purpose of providing a sign not otherwise allowed For t by this chapter. (Ord. 88-20) Y0 lY� OQO Sign I1Tumination The surface wrightness of any sign shall not exceed that produced r nnn S S:a11a S°1+inrc sc5�1 by the diffused output obtainee + ��um u..v ��.:.•-a..... • light sources spaced not closer than eight inches, center on center. Any exposed incandescent lamp which exceeds 25 watts shall not be used on the exterior surfacu of any sign so as to expose the face of such bulb or lamp to any public street or public right—of—way with the exception of electronic information signs. (Ord. 88-20) 18 YY4 005 Sign Measurement Projecting and Freestanding: Y. The area of a freestanding or projecting sign shall include all sign faces counted in calculating its area. Regardless of the number of sign cabinets or sign faces, the total allowable area shall not be exceeded. 2. The area of the sign shall be measured as follows if the sign is composed of one or more individual cabinets or sides: a. The area around and enclosing the perimeter of each cabinet, sign face or module shall be summed and then totaled to determine total area. The perimeter of measurable area shall not include embellishments such as pole covers, framing, decorative roofing, etc., provided there is no written advertising copy, symbols, or logos on such embellishments: b. If the sign is composed of more than two sign r cabinets, sign facia or modules, the area enclosing the entire perimeter of all cabinets and/or modules within a single, continuous geometric figure shall be the area of the sign. Pole covers and other embellishments shall not be ir►cluded in the area of the sign measurement if they do not bear written advertising copy, symbols or logos: acrd C. The overall height of a freestanding sign or sign structure is measured from the grade directly below the sign to the highest point of the sign or sign sti^ucture and shall include architectural and structural embellishments. Ordinan —272 ce 89— __ A G wall signs: 1. The area of the sign shall be measured as follows: a. The area around and enclosing the perimeter of each cabinet, sign face or module shall be summed and then totaled to determine total area. The perimeter of measurable area shall not include h�e beme roa na�`�etc`�, as pole covers, rramirli3, decor�. - t provided there is no written advertising copy, symbols or logos on such embellishments; b If the sign is composed of individual letters or symbols using the wail as the background with or without added decoration, the total sign area shall be calculated by measuring the area within the perimeter of all symbols and letters or other decoration including logos; c, Measurement of the wall area pertaining to flush as the pitched "roof" signs directly calculated waL't�f face ~ sign were mounted immediately below the sign; and or { d, Measuremant of the wall area pertaining to awning he canopy signs shall be calculated to include the vertical surface of the awning or canopy on which the sign is to be mounted and the wall surface of the structure to which it is attached. (Ord 88-20) 18.1i�d Special Condition Signsve R Special condition signs shall ha numbed or other or unique requirements locational, illumination, maxi imposed upon them in addition to the regulations contained in this chapter. 1. Billboard: a. Billboard sign regulations shall be as follows: (i) Zones Permitted: (1) Billboard signs shall be permitted�o and ly i a 1-44 �--C commercial zone or I—p, industrial zones and thea only within 660 x feet of Oregon state Expressway Ori 21ht7 and/or interstate Freeway No. 5 rig — of—ways; —273— ordinance 89-......e 2. All new proposed billboard sign(s) within 660 feet of the public right-of-way of a state highway must obtain the necessary permit(s) from the State Highway Division and ail billboard sign(s) must be maintained to conform with applicable state requirements pertaining to billboards; 3. All signs, together with all of their supports, braces, guys, and anchors shall be kept in good repair and shall be maintained in a safe condition: a. All signs and the site upon which they are located shall be maintained in a neat, clean, and attractive condition; b. Signs shall be kept free from excessive rust, corrosion, peeling paint, or other surface deterioration; and C. The display surfaces of all signs shall be kept neatly painted or posted; 4. Except as otherwise provided in this subsection, existing billboards which do not conform to the provisions of this title [code] shall be regarded as nonconforming signs and shall be subject to the provisions of Subsection 18.114.110. 6.[(b)] Bench Signs: 1. Bench signs shall only be permitted at designated transit stops in commercial, industrial, and multi-family zones where no bus shelter exists: a. There shall be no more than one bench sign per allowable transit stop; b. Placement of the bench sign shall not interfere with pedestrian traffic or be located within a vision clearance area or a public right-of-way unless otherwise determined to be permissible by the City Engineer [or designee]; C. Application for a bench sign shall include the signature of the affected property owner, proof of liability insurance and any required permits from the State Highway Division or Washington County, where applicable; and d. The sign area shall be [is] limited to a total of 14 square feet. r` Ordinance 89- -274-- � r # J(c)] Balloons: 1. One inflatable, stationary balloon or- one cluster of f.. childrens` balloons firmly tied down shall be allowed only j 4 if all of the following conditions are satisfied: a. A City of Tigard sign permit is obtained for each; i � b. Each owner or legal occupant of property or a building shill be allowed one balloon per year; C. A balloon sign shall be allowed to remain up for a f period of 'no longer than 10 days per year; f d. Balloons may be permitted as roof signs with a City sign permit; e. The size of a balloon shall not exceed 25 fejt in height; and f. The balloon shall be tied or mounted directly to a structure on the ground and shall not be allowed to float in the air higher than 25 feet above the nearest building roof line. D.[(d)] Electronic Message Centers: 1. Electronic Message Center (variable message) sign regulations shall be as follows: a. Zones Permitted: (i) Electronic Message Center signs shall be permitted only in the C-G and COD zones; b. Height and Area: (i) The maximum height and area of an electronic message center sign shall be that which is stipulated in Subsection 16.114.130(C); C. Locations Permitted; (1) Electronic Message Centers shall be allowed to substitute for one freestanding sign or one wall sign; (ii) One Electronic Message Center sign, either freestanding or wall, shall be allowed per premises; t �s Ordinance 09- -275-- is o. d. Light Patterns: (i) Traveling light patterns ("chaser effect") shall be prohibited; (ii) Messages and animation shall be displayed at intervals of greater than two seconds in duration. E.[r.] Freeway Oriented (Freestanding) Signs: 1. Freeway oriented sign regulations shall be as follows: a. Anyone who qualifies for a permit from the State of Oregon under the provisions of the Oregon Motorist Information Act need not seek separate approval from the City of Tigard; b. Zones Permitted: (i) Freeway oriented signs shall be permitted only in the C--G, I-P, I-L, and I-H zoning districts; C. Locations Permitted: (i) Freeway oriented signs shall be permitted to locate within 200 feet of Highway 217 and/or Interstate Freeway No. 5 rights-of-way as shown in the FOS (Freeway Oriented Sign) overlay zone maps in Figure 1; (Figure 1 is on file in the City Recorder's officp.) d. Number: (i) One freeway oriented freestanding sign shall be i allowed per premises: e, Height: (i) The maximus height of a freeway oriented sign shall not exceed 35 feet from the ground level at its base; f. Total Area: (i) For freestanding signs a total maximum sign area of 160 square feet per face (320 square feet total) shall be allowed. If the sign is a billboard then the provisions of Subsection 18.114.090.A.3.b shall apply; S. Freeway oriented signs shall be; oriented to be viewed from the freeway; L: Ordinance 09- --276- h, In addition to a freeway oriented sign, each parcel, development complex, or premises shall be allowed one freestanding sign provided all other provisions of this chapter can be met and both signs are located on f separate frontages with different orientations; i. Freeway oriented signs are not permitted as roof, tenant, temporary, balloon, wall, and awning signs; f j. Permits Required: (i) Freeway oriented signs shall be allowed only by administrative approval of a sign permit application or by approval of a sign code exception by the Commission. i FJM] Awning Signs: 1. Zones Permitted: a. Awning signs shall be permitted in all zoning q districts; f: i 2. Height: a. Awning signs (copy) may not extend above the upper surfaces of the awning structure. They may be hung below the awning if the sign clears the sidewalk by at 4 least 0-1/2 feet; ' F 3. Lighting: t a. Awning signs may be internally or externally illuminated; and 4. Right-of-Way: a. Awning signs may extend into the public right-of-way i 6-1/2 feet or 2/3 of the distance to the roadway, whichever is less. However, no sign may extend within two feet of the roadway. State Highway Division approval shall be necessary for awning signs on state highways. . wg)� Flush Pitched "Roof" Sign Y. Zoning District: i E a. Allayed in all zoning districts except residential; Ordinance 89 -277- 2. Height: a. The face of flush pitched "roof" signs may not extend more than six inches above the roof line; Flush pitchad1 "roof" sirye"e ahal7 be parallel to the �� extend beyond the r�uiiding face. ���ey may no t_.. building wall. Such surfaces shall be considered, part of a wall surface in the calculation of total wall area; 4. Attachment: a. Such signs shall be attached to a mansard or other near vertical roof where the roof angle is greater than 450 from horizontal; and 5. All Code provisions applicable to wall signs shall also be applicable to this type of sign. w.[(h)3 Painted Wall Signs 1. gall signs, including symbols or logos, which are painted directly onto the wall surface shall not exceed in gross wall area that percentage normally allowed for a wall sign in that zoning district; however, the vertical dimension of the sign cannot exceed 20 percent of the height of the .;; wall. (Ord. 88-20) 18.114.100 Temporary Sins & [(a)] Authorization: 1. The Director shall be empowered to authorize temporary signs not exempted by Section 18.114.060. The Director shall attach such conditions to the issuance of a permit for a temporary sign as may be necessary to ensure [assure] discontinuance of the use of the sign in accordance with the terms of the authorization, and to ensure [assure] substantial compliance with the purpose of this title. 8,[(b)] Issuance Authority: 1. The Director may issue temporary signs permits which shall terminate within 60 days from the date of issuance; ark 2. No permit shall be issued for a period longer than 60 days, but a permit may be renewed by the Director upon a showing of good cause for the continuation of the temporary permit. Ordinance 89— 278 Types and locations of temporary signs shall be as follows: 1. The total number of temporary signs sha ofl timet exceed four for any one business at any period ,,, of alt [one] freestanding temporary rigid 2. The- tOtai area �.: �� one premises shall not exceed: signs C..et [per face] in residontaal [all] zones; a• [A] 32 square ��-- and k- b, 7® s uare feet in all other zones' For types 14,O15.C.52, Temporary Signs, g, See Subsection 113,1 , approved; igns shall not exceed 30 square feet in 4. Temporary wall s area; 5, Banners: . [A] Banners may be allowed as temporary signs provided they meet the dimensional requirements fo anile mporary feet aximum gn wall signs (30 square wheremrequired area)and permit has been granted 6 A balloon as provided in Subsection 18.114.09O.C' Location shall be as approved by the Director. KJ(e?] Attachment: 1, Temporary signs may not be permanently attached to the ground, buildings or other structures. Tem rare sign Summary:_ to SIt lAGE TEMPORARY RIGID SIGNS with yp�ranit) ettem ted tt Total Area Number S ci Total Area Number S ci Sar le 12 s Ft No limit aO feet � 32 s ft t! to 4 � A N A a No limit 50 feet � 32 s ft U to 4 Multi. faml l 'k N/A • 9�AA pAA 70 so ft U to Ote her (Ord. 88-20) —279— ordinance 89— 18.114.110 Nonconforming Signs A,[(a)] -Qxcept as provided in this chapter, signz in existence on March 20, 1978, in accordance with Ordinance Nos, 77-89 and 78--16, which do not conform to the provisions of this chapter, but which were constructed, erected or maintained in cvtftpliance With all previous regulations, shall be regarded as nonconforming signs i tihch may be continued until March 20, 1988, §.[(b)] Signs in ex;stence on January 11, 1971, which do not conform to the provisions of this chapter, but which were constructed, erected or maintained in compliance with all previous regulations, were regarded as nonconforming signs and could be continued for a period of 10 years from January 11, 1971. All such signs which were not brought into compliance with the standards in Ordinance Nos. 77-89 and 78-16 and the extensions granted, are now in violation of this chapter. `` Signs . located on premises annexed into the City after January 11, , 1971, which do not comply with t h he provisions of this chapter, shall be brought into compliance with this chapter within a period of ten years after the effective date of the annexation. ®.[(d)] Any sign which is structurally altered, relocated or replaced shall immediately be brought into compliance with all of the provisions of this chapter, except the repairing and restoration of a sign on site or away from the site to a safe condition. Any part of a sign or sign structure for normal maintenance shall be permitted without loss of nonconforming status. E.[(e)] For purposes of this title, a sign face or message change shall be subject to the following provisions: 1. A sign face or message change on a nonconforming sign is not allowed as an alteration when the affected property and sign structure have been abandoned for greater than 90 days: 2. A sign face or message change shall be allowed as an alteration only for existing conforming signs and for nonconforming signs prior to their amortization expiration date; and 3. No sign permit shall be required for allowable sign face or message changes F.[(f)] Should a nonconforming sign or sign structure or nonconforming portion of structure be destroyed or repaired by any means to an extent of more than 50 percent of its replacement cost, it shall not be reconstructed except in conformity with the provisions of this title (code]. 4 f ordinance 89- -280-- G.[(9)] Signs in existence on the effective date of this chapter which do not comply with provisions regulating flashing signs; use of par spotlights or rotating beacons; rotating and revolving signs; flags, banners, streamers, or strings of lights, (or temporary or incidental signs); shall be made to conform within 90 days from the effective date of this chapter. M, H.[(h)] e•ill';Q—;ard signs in existence nn the effective data of this title which do not comply with the provisions of Subsection 18.114.090.A shall be permitted to remain along Highway 99W only until June 10, 1998, at which time such signs shall be brought into conformity. (Ord. 88-20) 18.114.120 Sian Removal Provisions: Nonconformina and abandoned Signs A.10a)1 All signs erected after the effective date of this title, which are in violation of any provisions of this ordinance, shall be removed or brought into conformance upon written notice by the Director. B.[(b)] All signs which do not comply with this chapter, but were erected prior to the effective date of this ordinance, shall be removed or brought into conformance within 50 days from written notice by certified mail given by the Director. 9.[(03 If the owner of sign, building, structure or premises fails to comply with the written order, the Director nay then cite the owner into court subject to Chapter 18.24, Enforcement. The following exceptions apply: 1. Section 18.114.110, nonconforming Signs, provides for certain time limits and other conditions for certain signs as described therein; 2. Any sign that by its condition or location presents an immediate or serious danger to the public, by order of the Building Official, shall be removed or repaired within the time the Building Official may specify: [A] In the event the owner of such sign cannot be found or refuses to comply with the order to remove, the Building Official shall then have the dangerous sign removed and the owner cited for noncompliance and recovery of any damage or expense; 3 Temporary Signs [A) All temporary signs shall be removed as provided in Cubigction 18.114,100.6.1, or in the case of teeieorar�e balloons as grevilad"in__Subsection 18.114.O90.G.3. r Ordinance 83- -281— L[(d)] Any person who owns or leases a nonconforming or abandoned sign or sign structure shall remove such sign and sign structurn- when the expiration of the amortization period for the sign(s) as provided in Section 18. 114.110 has occurred or the sign has been abandoned: 1. If the person who own. or leases such sign fails to remove it as provided iii this section, the Director shall give the owner of the building, structure, or premises upon which ` such sign is located, 60 days written notice to remove it; 2. If the sign has not been removed at the expiration of the 60 days notice, the Director may remove such sign at cost ':o the owner of the building, structure or premises; 3. Signs which are in full compliance with City sign regulations, which the successor to a person's business agrees to maintain as provided in this chapter, need not be removed in accordance with this section; and 4. Costs incurred by the City due to removal, may be made a lien against the land or premises on which such sign is located, after notice and hearing, and may be collected or foreclosed in the same manner as liens otherwise entered in the liens docket of the City. (Ord. 88-20) 18.11 Its,130 Z.onincl District_Regulations No sign of any character shall be permitted in an R-7, ff-4,5, R-3.5, R-2 or R-1 zone except the following: 1. Wall Sign(s): [A] May not exceed a combined total area of four square feet; 2. Every housing complex shall be allowed one permanent freestanding sign at each entry point to the housing complex from the public right—of—way, with the site properly landscaped and not exceeding 32 square feet per face in area. Illumination may b. approved as long as it does not create a public on private nuisance, as determined by the Director considering the purpose of the zone; 3. Every platted subdivision shall be allowed one permanent, freestanding sign at each entry point to the subdivision from the public right—of—way, with the site properly landscaped and not exceeding 32 square feet per facie in area. Illumination may be approved as long at it does not create a public or private nuisance, as determined by the Director considering the purpose of the zone; Ordinance 89--,. —282 4. Nonresidential Signs: a. [A] One illuminated or nonilluminated 'rreestanding sign f not exceeding six feet in height and 32 square feet in area per sign face for uses approved under the site development review or conditional use p process. Wall s signs may not exceed five percent of the gross area of f the wall face on which the sign is mounted; 5. Directional signs. on private property when 5uc h signs are solely designed to identify driveway entrances and exits for motorists on adjoining public streets. One sign with an area of four square feet bier fart shall be permitted per driveway. Said signs shall be consistent with Chapter 18.102, Visual Clearance Areas; 6. Signs Exempt From Permit: a. [A] The signs specified in Subsection 18. 114,060.A shall be allowed, subject to any restrictions imposed by this title; 7. Temporary Signs in accordance with Sectionc 18.114.090 and 18.114.100; 8. Lawn Signs in accordance with Subsections 18.114.060.A.6 and[a�2; / C. A � b 9. Speciar--Condition Signs in accordance with Section 18.114.090; and � 10. Additional All,.:vable Signs: S-- [A] Awning sign(s) and painted wall sign(s). B. [(b)] Multi-family Residential Zones: t' 1. No sign shall be permitted in an R-12, R-25 or R-40 zone .; except for the following: �. [A] Wall Sign(s): (i) May not exceed a combined total area of one square foot per dwelling unit and may not project from the wall face; [8] Every housing complex shall be allowed one permanent freestanding sign at each entry point to the housing complex from the public right-of--way, with the site properly landscaped and not exceeding 32 square feet in area per sign face. Illumination may be approved as long as it does not create a public or private b nuisancd, as determined by the Director considering the purpose of the zone; { Ordinance 99- -283- c. [C] Every platted subdivision shall be allowed one permanent freestanding sign at each entry point to the subdivision from the public right—of—way, with the site prLNelandscaped and not exceeding 32 square x t,rl„ feet in area per sign face. Illumination may be approved as long as it does not create a public or private nuisance, as determined by the Director- r�id�rinn th.e ntirat(1RP of the zone; d, [D] Nonresidential Signs: (i) One illuminated or nonilluminated freestanding sign not exceeding six feet in height and 32 square feet in area per sign face permitted in a multi—family residential zone, if such use has been approved under the site development review or conditional use process. Wall signs may not exceed five percent of the gross arca of the wall face on which the sign is to be mounted; �. [E] Directional signs on private property when such signs are solely designed to identify driveway entrances and exits for motorists on adjoining public streets. One sign with an area of four square feet per face shall be permitted per driveway. Said signs shall be consistent with Chapter 18.102, Visual Clearance Areas; f. [F] Signs Exempt From Permit: i (i) The signs specified in Subsection 18.114.060.A shall be allowed, subject to any restrictions imposed by this title; cc. [G] Temporary Signs in accordance with Sections 18.114.090 and 18.114.100; h. [H] Lawn Signs in accordance with Subsections 18.114.069 A.6 and 8.2 i. [I] Special Condition Signs in accordance with Section 18.114.090; and [3] Additional Allowable Signs: (i) Awning sign(s) and painted wall sign(s). 4•[(c)] Commercial Zones: 1. No sign shall be permitted in a C—G(J-and 'CBD zone except forthe following: f Ordinance 89— —284— a. [A] Freestanding Signs: (i) * Freestanding signs shall have certain limitations and conditions when permitted on properties zoned C—G and CBD; k, (1) One multifaced, freestanding sign shall be permitted subject to conditions and limitations as stated herein; and (2) A readerboard assembly may be an integral part of the freestanding sign; (ii) Area Limits: (1) The maximum square footage of signs shall be 70 square feet per face or a total of 140 square feet for all sign faces. No part of any freestanding sign shall extend over a property line into public right—of—way space; (iii) Area Limit Increases: (1) The sign area may be increased one square foot for each lineal foot the sign is moved back from the front property line to which the sign is adjacent, If the street is curbed and paved, the measurement may be taken from a point which is 15 feet from the pavement. This increase in sign area is limited to a maximum of 90 square feet pet face or a total of 100 square feet for all faces; and (iv) Height Limits: (1) Freestanding signs located next to the public right—of-way shall not exceed 20 feet in height, Height may be increased one foot in height for each 10 feet of setback from the property line or a point 15 feet from the edge of pavement, whichever is less, to a maximum of 22 feet in height; b_ [B] Wall Signs: (i) Allcaable Area: (1) wall signs, including illuminated readerboards, may be erected or maintained but shall not exceed in gross area 15 percent of any building face on which the sign is to be mounted f �s 4 m _285— Ordinance 09- (ii) Wall signs may not project more than 18 inches from the wall or extend above the wall to which they are attached; and (iii) 112 it; is determined under the oevelopiient reviiw process that the wall sign's visual appeal and overall design quality would be served, an additional 50 percent of the allowable sign area Mn copy w .l l be permitted, however, in the additional area permitted. For --- purposes of this subsection, "copy" includes symbols, logos, and letters. c. [C] Directional signs on private property when such signs are solely designed to identify driveway entrances and exits for motorists on adjoining public streets. One sign with an area of four square feet per face shall be permitted per driveway. Said signs shall be consistent with Chapter 18.102, Visual Clearance Areas; d. [D] Electronic Message Centers as per Subsection 18.114.090.D. e. [E] Signs Exempt From Permit (i) The signs specified in Subsection 18.114.060.A shall be allowed, subject to any restrictions imposed by this title; f. [F] Billboard Signs in the C--G zone only in accordance with Section 18.114.090.A; [G] Temporary Signs in accordance with Sections 18.114.090 and 10.114.100; h. [H] Lawn Signs in accordance with Subsections 18.114.060 A.6 and 9.2; i. (I) Special Condition Signs in accordance with Section 18.114.090; and ,L [J] Additional Allowable Signs: (i) Awninc sign(s), flush pitched "roof" sign(s), freeway oriented sign(s), tenant sign(s), projecting sign(s), and painted wall sign(s); R.[(d)] Commercial—Professional Zone: 1. No sign shall be permitted in a 0-P zone except for the following: E Ordinance 89 —296— a, [A3 Freestanding Signs: (i) Freestanding signs shall have certain limitations and conditions when permitted on properties zoned r (1) One multifaced, freestanding sign per, premises shall be permitted, subject to condition- and limitations as stated herein; �Md (2) A readerboard assembly may be an integral part of the freestanding sign; (ii) Area Limits: (1) The maximum square footage of freestanding signs shall be 32 square feet per face or a total of 64 square feet for all sign faces. No part of any freestanding sign shall extend over a property line into public right—of--way space; (iii) Area Limit Increases: (1) The sign area may be increased one square foot for each lineal foot the sign is moved back from the front property line to which the sign is adjacent. If the street is curbed and paved the measurement may be taken from a point which is 15 feet from the pavement. This increase in sign area is limited to a maximum of 52 square feet per face or a total of 104 square feet for all faces; and (iv) Height Limits: {1) Freestanding signs located next to the public right—of—way shall not exceed eight feet in height. Height may be increased one foot in height for each 10 feet of setback from the property line or a point 15 feet j from the edge of pavement whichever is Tess to a maximum of 10 feet in height; i C —297— Ordinance 89W- — Yt b. [B] Wall Signs: (i) Aiiowabia Area: (1) Wall signs, including illuminated readerboards, may be erected or maintained but shall not exceed in gross area five percent in gross area of any wall face on which the sign Is to be mount-.d. (ii) Wall signs shall be parallel to the face of the building upon which the sign is located; aid (iii) If it is determined under the development review process that the wall sign's visual appeal and overall design quality would be served, an additional 50 percent of the allowable sign area may be permitted. No copy will be permitted, however, in the additional area permitted. For purposes of this subsection, "copy" includes € symbols, logos, and letters; c. [C] Directional signs on private property when such signs are solely designed to identify driveway entrances and exits for motorists on adjoining public streets. One sign with an area of four square feet per face shall be permitted per driveway. Said signs shall be consistent with Chapter 18.102, Visual Clearance Areas; d. [D] Temporary Signs in accordance with Sections 18.114.090 and 18.114.100; Q, [E] Lawn Signs in accordance with Subsections 18.114.060 A.6 and B.2; , r. [F] Special Condition Signs in accordance with Section 18.114.090; and [G] Additional Allowable Sighs: (i) Awning sign(s), [freeway oriented sign(s),] tenant sign(s), flush pitched roof" �F. signs), and painted wall sign(s). [(e)] neighborhood Commercial Zone 1 No sign shall be permitted in a C-N zone except for the following: ate. [A] Freestanding Signs: (i) freestanding signs shall have certain limitations and conditions when permitted on propertieszoned C—N Ordinance 09- -288 A (1) one multifaced, freestanding sign per premises shall be permitted subject to conditions and limitations as stated herein; anti (2) A readerboard assembly may be an integral E part of the freestanding sign; (ii) Area Limits: 4 it (1) The maximum square footage of freestanding signs shall be 32 square feet per face or a total of 64 square feet for all sign faces. No part of arty freestanding sign shall extend over a property line into public right-of-way space; (iii) Area Limit Increases: l i l (1) The sign area may be increased one square foot for each lineal foot the sign is moved back from the front property line to which the sign is adjacent. If the street is curbed and paved the measurement may be taken from a point which is 15 feet from the pavement. This increase in sign area is limited to a maximum of 52 square feet per '€ face or a total of 104 square feet for all i faces; a�td (iv) Height Limits: g; (1) Freestanding signs located next to the public right--of-way shall not exceed 20 feet in height. Height may bo increased ons foot in height for each ten feet of setback from the property line or a point 15 feet from the edge of pavement whichever is less to a 4. maximum of 22 feet in height; b. [0] Wall Signs (i) Allowable Area: (1) Mall signs, including illuminated reader-boards, may be erected or maintained but shall not exceed in gross area ten percent of any building face on which the sign is to be mounted; (ii) wall signs shall be parallel to the face of the building upon which the sign is located; Ind 289 Crdinance 89-- 4 f (iii) If it is determined under the development review process that the wall sign's visual appeal and overall design quality would be served, an additional 50 percent of the allowable sign area may bo permitted. 11.1co, copy will be permitted, however, in the addition—al area permatuau. For pk:rposes of this subsection, "copy" includes symbols, logos, and letters; C. [C] Directional signs on private property when such signs are solely designed to identify driveway entrances and exits for motorists on adjoining public streets. One sign with an area of four square feet per face shall be permitted per driveway. Said signs shall be consistent with Chapter 18.102, Visual Clearance Areas; d. [D] Temporary Signs in accordance with Sections 18.114.090 and 18.114.100; e. [E] Lawn Signs in accordance with Subsections 18.114.060 A.6 and 0.2. f. [F] Special Condition Signs in accordance with Section 18.114.090; ani SL [C] Additional Allowable Signs: (i) Awning sign(s), tenant sign(s), flush pitched "roof" sign(s), and painted wall sign(s). F. (V) Industrial Zones 1. No signs shall be permitted in an I—P, I—L, or I—H zone except for the following: [A] Freestanding Signs: (i) Freestanding signs shall have certain limitations and conditions when permitted cn .properties zoned t commercial and industrial; '. (1) One multifaced, freestanding sign shall be permitted subject to conditions and 2 limitations as stated herein; and a_ (2) A readerboard assembly may be an integral part of the freestanding sign; Ord.-nance 89m -290— r (ii) Area Limits: (1) The maximum square footage of signs shall be 70 square feet per face or a total of 140 square feet .for all sign faces. No part of any freestanding sign shall extend over a property line into public right,-of—way space; (iii) Area Limit Increases: (1) The sign area may be increased one square foot for each lineal foot the sign is moved back from the front property line to which the sign is adjacent. If the street is curbed and paved, the measurement may be taken from a point which is 15 feet from the pavement. This increase in sign area is limited to a maximum of 90 square feet per face or a total of 180 square feet for all faces; and (iv) Height Limits: (1) Freestanding signs located next to the public right—of—way shall not exceed 20 feet in height. Height may be increased one foot in Freight for each 10 feet of setback from the property lino or a point 15 feet from the edge of pavement, whichever is less, to a maximum of 22 feet in height; b. (8] Wall Signs: (i) Allowable Area: (1) Wall signs, including illuminated readerboards, may be erected or maintained but shall not exceed in gross area 15 percent of any building face on which the sign is to be mounted; (ii) Wall signs may not project more than 18 inches from the wall or extend above the wall to which they are attached; and (iii) If it is determined under the development review process that the wall sign's visual appeal and overall design quality would be served, an additional 50 percent of the allowable sign area may be permitted. No copy will be permitted, however, in the additional area permitted. For purposes of this subsection, "copy" includes r symbols, logos, and letters; E Ordinance 89— —291— - i k R c. CC] Directional signs on private property when such signs are solely designed to identify driveway entrances and exits For motorists on adjoining public streets. One <. sign with an area of four square feet per face shall is bu peri-aitted per driveway. Rain signs shall be consistent with Chapter 18.102, Visual Clearance Areas; d. [D] Signs Exempt rrom. Permit: (i) The signs specified in Subsection 18.114.060.A shall be allowed, subject to any restrictions r imposed by this title; e. [E] Billboard Signs in accordance with Section 18.114.090.A; f L [F] Temporary Signs in accordance with Sections 18.114.090 and 18.114.100; 90 [G] Lawn Signs in accordance with Subsections 18.114.060 A.6 and B.2. h. CH] Special Condition Signs in accordance with Section 18.124.090; and i. [I] Additional Allowable Signs: (i) Awning sign(s), uenant sign(s), freeway-oriented sign(s), projecting sign(s), flush pitched "roof" sign(s), and painted wall sign(s). IJ(g)I Other Requirements Which Shall Apply to Commercial and Industrial Zones & 1. If it is determined under the development review process that the sign's visual appeal and overall design quality would be served while maintaining the intent and purpose of this chapter, an additional 50 percent of the allowable sign area and 25 percent of sign height may be permitted. No copy will be- permitted in the additional area or height. For purposes of this subsection the word "copy" includes symbols, logos, and figures, as well as letters; [A] Each freestanding sign shall be surrounded by an area set aside to protect the sign from vehicles negotiating in the parking area of the business and the area set aside shall be landscaped; (i) The size and shape of the area set aside and the landscaping shall be represented on the plot,plan required by permit and shall be subject to the review and control of the Director [or his agent], under the development review process; acrd Ordinance 89 -292- (ii) On existing sites where a landscape island is not feasible, the minimum clearance between the lowest portion of a freestanding sign and the ground shall be 14 feet in any vehicle <_ maneuvering area; �r b. [9) No freestanding sign, nor any portion of any freestanding sign, shall ba located or project over any portion of a street, sidewalk or other public right—of—way or property unless an exception has been granted; C. [C] When a premises contains more than a single tenant but is not defined as a shopping center, the provisions of a freestanding sign shall take into consideration the need for providing a signing system which is harmonious in appearance and legible: (i) The building owner, shall provide, at his own expense, a common support for all tenant signage; and (ii) Up to an additional 50 percent of sign copy area may be permitted under the design review process so as to adequately identify the separate tenants when determined that the increased sign area will not deter from the purpose of this chapter; S [D] Shopping centers or industrial parks shall establish a single signing format: (i) Up to an additional 50 percent of sign area may be permitted under the development review process to adequately identify the complex when it can be determined that tiro increased sign area will not deter from and purposes of this chapter; (ii) This increase should be judged according to unique identification needs and circumstances which necessitate additional area to make the sign sufficiently legible; and (iii) when a shopping renter or industrial park has more than one main entrance on separate frontages, a second freestanding sign may be allowed under• the design review process. The two allowable signs shall face separate frontages and are not intended to be viewed simultaneously; i 2 Ordinance go. -293- -- j Q, [E] Legal owners or occupants of properties or buildings which are in shopping plazas and which are directly located or are proposed to be located on a commercially and industrially zoned corner property(ies) (one or more contigu.us tax lots located at the intersection of two or more public streets), shall be allowed to have one freestanding sign, along each street frontage when all of the following are met: (i) A sign pormit shall be required for each sign prior to its erection; (ii) The total combined height of two freestanding signs on the premises shall not exceed 150 percent of what is normally allowed for one freestanding sign in the same zoning district; (iii) Neither of the signs shall exceed the sign height normally allowed in the zoning district in which the signs are located. (See Subsection 18.114.130.) (iv) The total comhinarl area of Fn fraoatanrling sign.. on the premises shall not exceed 130 percent of what is normally allowed for one freestanding sign in the same zoning district; (v) No more than two freestanding signs shall be permitted; ' (vi) The two allowable signs shall face separate frontages and are not intended to be viewed simultaneously; and (vii) All other provisions of this chapter shall apply. f. :hopping centers in the C—G zoning district shall be entitled to freestanding signage according to the following optional standards (i) Number. A maximum of two freestanding signs shall be permitted per roadway frontage provided they can meet both sign area and sign height requirements as set forth in this subsection. (ii) Allowable Height. The combined height of two signs shall not exceed 150 percent of the sign height normally allowed for one freestanding sign in the same zoning district; however, neither shall exceed the height normally allowed in the same zoning district. Ordinance 89 -294-- _. f (iii) Total combined sign area for both sign!, shall not exceed 150 percent of wheat is normally a1"Owcd for one freestanding sign in the same zoning district; however: neither shall exceed the area normally allowed in the same zoning district. (iv) Neither sign will pose a vision clearance problem or will project into the public right-of-way. (v) A sign permit shall be required prior to erection of any freestanding sign referred to in this subsection. (Ord. 88--20) 18.114.140 Sian_Code Exceptions A. [(a)] The Commission or, on review, the Council may grant exceptions to the requirements of this chapter when the applicant demonstrates that, owing to special or unusual circumstances relating to the design, structur-i or placement of the sign in relation to other structures or 'sand uses or the natural features of the land, the litc,ral interpretation of this chapter would interfere °ai*h the communicative function of the sign without corresponding public benefit. s E3.[(b)] When the Commission or the Council approves an exception, the rights thereby given to the applicant shall continue to exist and 4 to belong to the applicant or any other owner of the land for a period of oneVyears from the date of final approval: clod e;77ee-)tc1-�h c1 ncl-yn�e-At--/' — 1, If, at the expiration of one years from the date of approval, construction of the structure or initiation of the use giving rise to the need for the exception has not begun, the rights given by the exception approval shall terminate without further action by the City, the Commission, or the Counci ; gnarl on-9- tFV(WAA 2. Said ris shall also terminate at or after the expiration of one ear from approval if, though commenced within one year, consyruction ceases and is not resumed within 60 days. (Ortf. BO-20) 18.114.145 Approval Criteria for Exceptions to the Sign Code f.[(a)] The [planning] Commission shall approve, approve with conditions, or deny a request for an exception to the sign code based on findings that at least one of the following criteria are satisfied: 1. The proposed exception to the height limits in the sign code is necessary to make the sign visible from the street because of the topography of the site[:], and/or a conforming building or sign on an adjacent Promrty woui limit the vzea+ of a signrectad on 'the site in corsfo:^sM nes+ faith Sian Crede standard w Ordinance 89-- -tor { 2. A second freestanding sign is necessary to adequately identify a second entrance to a business or premises that is oriented towards a different street frontage; 3 1, 3. Up to an additional 25 percent of sign area or height may be permitted when it is determined that the increase will not .deter from the purpose of this chapter. This increase : should be judged according to specific needs --nd E circumstances which necessitate additional area to make the Y, sign sufficiently legible. The increase(s) shall not conflict with any other nondimensional standards or restrictions of this chapter; t E h. The proposed sign is consistent with the criteria set forth in Subsection 10,114.130.G of this chapter; 5. The proposed exception for a second freestanding sign on an interior lot which is zoned commercial or industrial is appropriate because all of the following apply: I i a. T;;c combined height of both signs shall not exceed 150 percent of the sign height Y7ormwlly allowed for one freestanding sign in the same zoning district; however, neither shall exceed the height normally allowed in the same zoning district; b. Neither sign will pose a vision clearance problem or will project into the public right—of--way; and C. Total combined sign area for both signs shall not exceed 150 percent of what is normally allowed for one freestanding sign in the same zoning district; however, neither shall exceed the height normally 7; allowed in the same zoning district. In addition to the criteria in Subsection A above, the Commission, or in the case of an administrative exception, the Director shall review all of the existing or proposed signage for the development and its relationship to the intent and purpose of this chapter. As a condition of approval, the Commission or Director may require: 1. Removal or alteration of nonconforming signs to achieve compliance with the standards contained in this chapter; 2.' Removal or alteration of conforming signs in order to establish a consistent sign design throughout the development; and i 3. Application for sign permits for signs erected without permits or removal of such illegal signs. (Ord. 88--20) „2 4. t8 Ordinance gg— —296— 10.114.148 Criteria for Approval of an Administrative Exception 3 The purpose of this section is to set forth the criteria whereby Lhle ilii actor is empowerQd to grant an administrative exception as a prerequisite to a sign permit for a proposed new sign. yr as a { means to allow the continued use of a marginally nonconforming sign (due only to its dimensions). f3.[(b)] The proposed administrative exception(s) to sign height and/or sign area does/do not or will not exceed by more than five percent the existing sign height and sign area standards that otherwise would be applicable in the same zoning district for the same type of sign. C.[(c)] The Director shall approve, approve with conditions or deny an application for an administrative exception based on findings that all of the following criteria are satisfied: 1. The proposed administrative exception(s) applies/apply to an existing nonconforming sign or a proposed new sign for a developing site; 1. The proposed administrative ixrantinn(n) will not be materially detrimental to the purposes of this title [code], be in conflict with the policies of the comprehensive plan, to any other applicable policies and standards and to other properties in the same zoning district or vicinity; { 3. The proposed administrative exception(s) will not be detrimental to public safety and welfare; 4. The proposed administrative exception(s) will not involve an extension into the public right-of-way; and S. Nonconforming sign(s) may be allowed past the expiration of its/their amortization date when the Director finds that: �e. [A] The proposed modified sign(s) is/are c:oser to conformance than the old sign in terms of a percentage reduction in its/their dimensional nonconformance; and b. [B] The overall visual impact of all signs on the site has been improved with respect to the total number and size of all signage. R.[(d)] In addition to the criteria set forth in 18.114.148(C), at least one of the following criteria shall also be met: 1. The proposed sign height or area administrative exception(s) is for the convenience of the regional or national business which wishes to use a standard-sized signs; E Ordinance 89- -297--� � 2. The administrative exception(s) will allow an unique sign of unique design or style which will enhance the area or will be a visible landmark; or J. One - the Sig,, CC-de emcgption criteria in Subsection 18.114.145.A is satisfied. MEMM r• [(e)] When all of the above criteria in Subsection 18.114.148,A is satisfied, the Director shall review all existing and proposed signage for the development as outlined in Subsection 18.114.145.(3. (Ord. 88-20) 18.114.150 Sign Code Exception Aprclication Submission Requirements a A.[(a)] All sign code exception applications shall. be made on forms { provided bytheDirector and shall be accompanied U� . Iro W r 1. C'Three �for review by the Dire or of the- gn plan`s) and any necessary data or narrative which explains h e sign plan proposal conforms to the standards. -W b t pies for review by the [planning] Commission of the sign plans for sign code exception: _. a. [A] Sheet size for sign draArings and sign site plans) and required drawings shall preferably be drawn on sheets not to exceed 18 inches by 24 inches; tIb. [F3] The scale of the sign site plan shall be an jengineering scale; and I�+ c. [0] All drawings of the sign elevations and structural components shall be a standard architectural scale, being 1/4 inches or 1/8 inches; 2. The required fee;[and� 3. A last of the names and addresses of all persons who are roperty owner of re ord within 250 feet of the site' g.[(b)] The propose sign site plan shall .include the following information: 1. The location of the proposed sign and all existing signs on the site; 2. The location of all existing and proposed buildings on the site; 3. The location of all. Existing and proposed streets and rights-of-way, including names and widths; and 4. The locwtion of all overhead power and utility lines located on the site. -298-- Ordinance 89- ?t �s The proposed sign architectural plans shall include the following information: 1. The sign dimensions; The materials and colors to be used; 3. The height or the sign above the ground; A. The source and 'intensity of any illumination; 5. Construction drawings indicating size of footings, anchorages and welds; 6. The Director may require engineers' calculations for sign construction, anchorage and footing requirements, including wind resistance and seismic forces, all in conformance with the requirements of the Uniform Building Code in accordance with Subsection 18.32.080.A. All sign structures on or near a building shall conform to the State Fire Life Safety requirements and the Uniform Building Code requirements of the building, structure or area where it is erected; and 7. All electrical illuminated signs shall bear the Underwriters Laboratory label or equivalent. (Ord. 88--20) 18.114. 160 Siqn Permit Application Requirements A.[(a)] All applications shall be made on forms provided by the Director and shall be accompanied by: 1. Two copies for review by the Director of the sign site plan(s) and two copies of the sign architectural plans: a. [A] The proposed sign site plan shall include the following information: (i) The location of the proposed sign and all existing freestanding, wall or other external signs on the site; (ii) Tho location of all existing and proposed buildings on the site; (iii) The location of all existing and proposed streets and rights—of—way, including names and widths; (iv) The location of all ova-°head power and utility lines located on the site; (v) The distance of the sigr, to the nearest public right(s)—of—way; Ordinance 89 -_299-- (vi) The address of the site where the sign will be located; and (vii) The name, address and phone number of the applicant; b.. [B] The proposed sign architectural plans shall include the f�_.Qlowina information: (i) The sign area dimensions; (ii) The materials and colors to be used; (iii) The height of ttie sign above the ground; (iv) The source and intensity of any illumination; (v) Construction drawings indicating size of footings, anchorages and welds; (vi) The address of the site where the sign(s) will be lOCaGC:U� (vii) The name, address, and phone number of the applicant; and (viii) For those cases where an existing sign is to be modified, the applicant for a sign permit shall provide documentation or verifiable proof of when a sign was erected and, wherever possible, shall submit a copy of the original sign permit; C. [C] Proof of a current City business tax certificate; df. [0] Proof of a U.L. or equivalent label subscriber number,; WW e. [E] The required fee. (Ord. 08-20) 3 Ordinance Bg- 300- Chapter 18.120 SITE DEVELOPMENT REVIEW Sections: — nin p�rnnsa _ 18,120,020 Applicability of Provision I 18.120,030 Administration and Approval Process k 18.120.040 Expiration of Approval: Standards for Extension of Time 18,120.050 Phased Development 18.120.060 Bonding and Assurances 18.120.070 Major Modification to Approved Plans or Existing Development 18.120.080 Minor Modification(s) to Approved Plans or Existing + Development [of a Site Development Review] 18.120.090 Application Submission Requirements 18,120.100 Additional Information Required and Waiver of Requirements r 18.120.110 Site Conditions 18.120.120 The Site Development Plan 18.120.130 Grading Plan 18.120.140 Architectural Drawings 18.120.150 Landscape Plan 18.120.160 Sign Drawings 18.120,170 Exceptions to Standards 18.120.180 Approval Standards R 18. 120.010 Purpose t AJ(a)] The purpose and intent of site development review is to promote the general welfare by directing attention to site planning, and giving regard to the natural environment and the elements of creative design to assist in conserving and enhancing the appearance of the City. A.[(b)] It is in the public interest and necessary for the promotion of the health, safety and welfare, convenience, comfort and prosperity of the citizens of the City of Tigard: 1. To implement -the City of Tigard's comprehensive plan and other approval standards in this code; 2 To preserve and enhance the natural beauties of the land and of the man—made environment, and enjoyment there0; 3. To maintain and improve the qualities of and relationships between individual buildings, structures and the physical developments which best contribute to the amenities and attractiveness of an area or neighborhood; A. To protect and ensure [assure] the adequacy and usefulness of public and private developments as they relate to each other and to the neighborhood or area; and .z Ordinance 89- -301_ l 5. To ensure [assure] that each individual development provides for a quality environment for the citizens utilizing that development as well as the community as a whole. j t E In order to prevent the erosion of natural beauty, the lessening : f environiaental --menities, the dissipation of both usefulness and function, and to encourage additional !andscaping, it is necessary: 1. To stimulate harmonious design for individual buildings, groups of buildings and structures, 'and other physical developments; 2. To encourage the innovative use of materials, methods, and techniques and flexibility in building placement; and . 3. To integrate the functions, appearances and locations of buildings anti improvements so as to best achieve ,A balance f between private prerogatives and preferences, and the public interest and welfare. (Ord. 83-52) 18 120.020 A plicability of Provisions A.[(a)] Site development review shall be applicable to all neia developments and major modification [remodelinS] of existing developments, as provided in Section 18.120.070 except it shall not apply to: 1. Single—family detached dwellings; 2. A duplex, which is not being reviewed as part of any other development; 3. Minor modifications as provided in Section 18.120.070; ' [3. Any remodel that involves 50 percent or less of the total square footage of the existing structure, or 50 percent or less of the exterior wall surface;] 4. Any proposed development which has a valid conditional use approved through the conditional use permit application process•, or 5. Mobile hor-: � Iks and subdivisions. (Ord. 87--66; Ord; 84-61 Or*. 84-50; Ord. 83-52) � [(b) fi13 of the provisions and regulations of the underlying zone shall apply unlese modified by other sections of this code, e.g., Chapter 18.80, Planned Development, or a variance granted under Chapter 18.133.1 ss ordinance 69_ —302- ; i E(c) Where landfill and/or development is allowed within and adjacent to the 100-year floodplain, the City shall require the dedication of sufficient open land area for a greenway adjoining and within the floodplain. This area shall include portions at a suitable elevation for the construction of a pedestrian/ bicycle pathway within the floodplain in accordance with the adopted pedestrian/bicycle pathway plan.] 18.120.030 Adrolfll,t.fativ.i and Arprayal procesq The applicant for a site development review proposal shall be the recorded owner of the property or an agent authorized in writing by the owner. A preapplication conference with City staff is required. (See Section 18.32.040.) Due to possible changes in state statutes, or regional or local policy, information given by staff td the applicant during the preapplication conference is valid for no more than six months: 1. Another preapplication conference is required if any site development application is submitted six months after the preapplication conference; and 2. failure of the Director to provide any of the information required by this section shall not constitute a waiver of the standard, criteria or requirements applicable to the applications. D.[(d)] The Director shall approve, approve with conditions or deny any application for site development review as provided by Section 13.32.090. The Director shall apply the standards set forth in Section 18.120.130 when reviewing an application for site development review. The decision of the Director may be appealed in accordance with Subsections 19.32.310.A. f--IMIThe Director shall nail notice of any site development review proposal decision to the persons who may have the right to request a hearing before the Commission in accordance with Section 18.32.220. (Ord. 83-52) 18.120.040 Expiration of Aporoyal: Standards for Extension of Time a,[(a)I Site development review approval by the Director shall be effective for a period of Am lone, years from the date of approval. b The site development review approval by the Di shall lapse .®[{ )] p Ordinance 89- 303•- r � � 1. Substantial construction of the approved within a en"ear, plan has not DnC�-C�y, Period; or begun 2. Construction on th e site 2J(c)3 The Director i s Plan. a departure from the approved shall, upon written re uest Payment of the required fee. gra.t _a by the aoniicw;�t a„n perind ut iu exceed 12 " ei�tension of the [six] months; provided that; approval 1• No changes are ma,,,. plan as he the original site development review on by the Director; 2. The applicant can show intent of initiating the site within the six-month extension g construction of 3• There Period; and have been no changes in the provisions on which based. applicable Policies and ordinance approval was D•[(d)] The Director's decision may be appealed as provided �y Subsection 18.32.310,A, (Ord. 83_52) X3.120.050 Phased Develo A•[(a)] ',he Director shall a in phases over a approve a time schedule for developing shall the total ti of time of one year, but to �! a site Period for all phases be no case pplying for site development reviewer than three Years without rea �•[(b)7 The criteria for approving a Phased site development review proposal is that all of the following are satisfied: 1 The public facilities are or Prior to each constructed in conjunction withphase; 2• The development and Occupancy of any Phase is not dependent on the use of temporary public facilities: a• A temporary constructed top facility is any y facility not standard; City or district 3, The phased development shall not res�,?tCity Or in requiring facilities other propertya g the that Ware owners to construct Proposal; and required by approved public —�- development 4. The Director's decision may be appealed as provided by Subsection 18.32.310,A. Director's decision. No notice need be (Ord, (33given of the Ordinance99- -304- � E 18.120,060 Dondincx and.and A J W] On all projects where public improvements are required the Director shall: I. Require a bond in an amount not greater than 100 percent or other adequate assurances as a condition of approval of the 7 V d �••••,..., plan ii'1 ur cl tl! �fISUr@ 1 afls`_S_t1rQ� tete g completed project is in conformance with the aff►-r�o and ved plan; 2. Approve and release such bonds. �• [(b)] The bond shall be released when the Director finds the completed project conforms to the approved site development plan and all conditions of approval are satisfied. C• [ ' 'A Landscaping shall be installed prior to issuance of occupancy permits, unless security equal to the cost of the landscaping as determined by the Director is filed with the City Recorder assuring such installation within six months after occupancy: 1• Security may consist of a faithful performance bond payable to the City, cash, certified check or such other assurance of completion approved by the City Attorney; and 2. If the installation of the landscaping is not completed within the six-month period, the security may be used by the City to complete the installation. The applicant shall enure completed [assure] that all occupants of the p project, whether permanent or temporary, shall apply for and receive a City of Tigard business tax prior to initiating business. (Ord. 83-52) 18.120.070 Maior Medi.fication to A roved Plans�r �xistir nae,o�.,..� A. [(a)] An applicant may request approval of a modification to an approved plan or exi�tindeveloroent by: i• Providing the Director with three [five] copies of the proposed modified site development plan; and 2• A narrative which indicates the rationale for the proposed modification addressing the changes listed in subsection 8 below. ( The Director shall determine that a major modification(s) 'will [has] rew4lt[ed] if one or more of the following changes are Proposed. There Eill be [has occurred]: 1. An increase in dwelling unit density, or lot coverage for residential deu0alooment [or reduction in the amount of parking;] Ordinance 89— —305— 2. A change in the ratio or number of different types of dwelling units; 3. A change that requires additional off—site parking in accordance with Chapter 18.106; [3.] A change in the type of commercial or industrial structures as -defined by the Uniform Building Code; 5, [4 .] An increase in the height of the building(s) by more than 20 percent [over that previously specified in the approved application]; 6. [5.] A change in the type and location of accessways and parking areas where off—site traffic would be affected; 7. An increase in vehicular traffic to and from the site and the increase can be expected to exceed 20 vehicles per day; 8. [6.] An increase in the floor area proposed for a nonresidential use by more than 10 percent excluding expansions under 5,000 square feet [over that previously specified in the approved application]; 9. [7.] A reduction in the area reserved for common open space and/or usable open space which reduces the open space area below the minimum required by this code or reduces the open space area by more than 10 percent; 10. [8.] A reduction of project amenities below the minimum established by this code or by more than 10 percent where specified in the site Calan: a. [1] Recreational facilities; b. [8] Screening; and/or c. [0] landscaping provisions; and 11. [9.] A modification to the conditions imposed at the time of site development review approval which are not the subject of [subdivisions] 1 through 10 [9] above of this subsection. Upon determining that the proposed modification to the site development plan is a major modification, the applicant shall submit a neva application in accordance with Sections 18.120.030 and 19.120.090 for site development review prior to any issuance of building permits. D.[(d)] The director's decision may be appealed as provided by Subsection 18,32.310.A. Notice of the Director's decision need not be given. (Ord. 83-52 4 Ordinance 89— -306-- IS.120.080 Minor Modification(s) to Approved Plans or ExistiM Development (of a Site Development Review] t A.[(a)I Any modification which is not within the description of a major modification as provided in Section 18.120.070 shall be [is] ! considered a minor modification. B. An applicant may request approval of a minor modification: 1. Providing the Director with three copies of the Croposed modified site development plan; and 2. A narrative which indicates the rationale for the proposed modification addressing the changes listed in Section 18.120.070.B. A minor modification shall be approved, approved with conditions or denied following the Director's review based on the finding that: 1. No code provisions will be violated; and 2. The modification is not a major modification. The Director's decision may be appealed as provided by Subsection 18.32.310.A. (Ord. 83-52) 18.120.090 Application Submission Requirements A,[(a)] All applications shall be made on forms provided by the Director and shall be accompanied by: 1. [Five] Copies of the site development plan(s) number to be determined at the pre—application conference3 and necessary data or narrative which explains how the development conforms to the standards, and: a. [A] The site development plan(s) and required drawings shall be drawn on sheets preferably not exceeding 1S inches by 24 inches; AL [B] The scale for a site development plan shall be an engineering scale [20 feet, 50 feet, or 100 feet to the inch]; and c. [C] All drawings of structure elevations shall be a standard architectural scale, being 114 inch or 1/8 inch; 2. A list of the names and addresses of all porsons who are property owners of record within 250 feet of the site; and 3. The required fee. Ordinance 89— -307 The required information may be combined on or;z map. C.[(c)] The site development plan, data, and narrative shall include the following: 1. An existing site conditions analysis, Section 18.120,110; 2. A site plan, Section 18.120.120; 3. A grading plan, Section 18.120.130; 4. A landscape plan, Section 18.120.150; 5. Architectural elevations of all structures, Section 18.120.140; 6. A sign plan, Section 18.120,160; and 7.- A copy of all existing and proposed restrictions or covenants. (Ord. 86-23; Ord. 83-52) 18.120.100 Additional information Reguired and Waiver of Reguirements �.[(a)] The Director may require information in addition to that required by this chapter in accordance with Subsection 18.32.080.A. §.[(b)] The Director may waive a specific requirement for information in t accordance with Subsection 18.32.080.8 and C. (Ord. 83-52) 18.120.110` Site Conditions The site analysis drawings shall include: 1. A vicinity map showing streets and access points, pedestrian and bicycle pathways, transit stops and utility locations; 2. The site size and its dimensions; 3. Contour lines at two—foot 'contour intervals for grades 0 to 10 percent and five—foot intervals for• grades over 10 percent; 4. The location of drainage patterns and drainage courses; 5. The location of natural hazard areas including: a. (A) Floodplains areas (100—year floodplain and flooding); (8] Slopes in excess of 25 percent, Ord s nance 89— ..»:108- f_ c. [C] Unstable ground (areas subject to slumping, earth slides or movement); d. [D] Areas. having a high seasonal water table within zero to 24 inches of the surface for three or more weeks of the year; e. [E] Areas having a severe soil erosion putential; or f. [F] Areas having severe weak foundation soils; 6. The location of resource areas as shown on the comprehensive plan map inventory data including: c. [A] Wildlife habitats; and b. [B] Wetlands; 7. The location of site features including: a. [A] Rock outcroppings; and IL. [B] Trees with six inches caliper or greater measured four feet from, ground level; B. The location of existing structures on the site and proposed use of those structures; and i 9. The location and type of noise sources on the site or on adjoining property such as traffic gays, mechanical equipment, or.noise producing land uses if requested by the Director [of planning and development]. (Ord. 83-52) 1.8.120.120 The Site Development Plan A.[(a)] The proposed site development plan shall be at the same scale as the site analysis and shall include the following information: 1. The proposed site and surrounding properties; 2. Contour line intervals (see Subsection 18.120.110.A.3); 3. The location, dimensions and names of all: a. [A] Existing and platted streets and other public ways and easements on the site and on adjoining properties; and b. [B] Proposed streets or other public ways and easements on the site; 4. The location and dimensions of: f Ordinance 89— —309- a. [A] Entrances and exits on the site; b. [E] Parking and circulation areas; i C. [C] Loading and services areas; dL [D] Pedestrian and bicycle circulation; Q_ [E] Outdoor common areas; and f. [F] Above ground utilities; 5. The location, dimensions, and setback distances of all: a. [A] Existing structures, improvements and utilities which are located on adjacent property within 25 feet of the site and are permanent in nature; and b. [8] Proposed structures, improvements and utilities on the site; 6. The location of areas to be landscaped; 7. The location and t_vra oe outdoor lighting, considering crime ?revention techniques; 8. The location of mailboxes; 9. The location of proposed utility lines; and structures and their 10. The location of all orientation. ivn. (Ord. 83-52) 19.120-130 Grading; Plan u' The site development plan shall include a grading plan at the same scale as the site analysis drawings and shall contain the following information: 1.• Requirements in Sections 18.120.110 and 18.120.120; 2. . The location and extent to which grading will take place indicating general contour lines, slope ratios and slope stabilization pr•opoQ�ls; aEad 3. A statement from a registered engineer supported by factual data substantiating: a. [A] The validity of the slope stabilization proposals; and b. [8] That all problems will be mitigated and how they will be mitigated. (Ores. 83-52) Ordinance 89— —31Q— I 0.120.140 Architectural Drawings i A, The site development plan proposal shall include: 1, floor plans indicating the square footage of all structures proposed for use on—site; and ., -typical clavation drawings of each 5Leu,_%,U �e (Ord, 83-52) 18 120 150 Landscape Plan A,[(a)] The landscape plan shall be drawn at the same scale as the site analysis plan, or a larger scale if neccissary, and shall indicate: 1. Location of underground irrigation system sprinkler heads where applicable; 2. Location and height of fences, buffers, and screenings; 3. Location of terraces, decks, shelters, play areas, and common open spaces; and 4. Location, type, size, and species of existing and proposed plant materials. The landscape plan shall include a narrative which addresses: 1. Soil conditions; and 2. Erosion control measures that will be used. (Ord. 63-52) 10.120 160 Sian Drawings A. sign drawings shall be submitted in accordance with Chapter 10.114. (Ord, 03-52) 18.120-170 ExEiptions to Standards A,[(a)3 The Director may grant an exception to the setback yard requirements in the applicable zone based on findings that the approval will result in the following: 1. Avs exception which is not greater than 20 percent of the required setback; 2. No adverse effect to ad+oining properties in terms of light, noise levels, and fire hazard; 3. Safe vehicular and pedestrian access to the site and on—site; Ordinance 89— 4. A more efficient use of the site which would result in more landscaping; and 5. The preservation of natural features which have been incorporated into the overall design of the project. rfkii The Director may grant an exception or deduction to the off—street parking dimensional and minimums number of space requirements in the applicable zoning district bared on the following findings: 1. The" application is for a use designed for a specific purpose which is intended to be permanent in nature (for example, senior citizen housing) and which has a demonstrated low demand for off—street parking; 2. There is an opportunity for shared parking and there is written evidence that the property owners have entered into a binding agreement to share parking; or 3. There is community interest in the preservation of particular natural feature(s) on the site, public transportation is available to the site, and reducing the standards will not adversely affect adjoining uses, therefore the public interest is not adversely affected by the granting of the exception. r rt,-)i The nirector may grant an exception or deduction to the private outdoor area and shared outdoor recreation areas requirements, provided the application is for a use designed for a specific purpose which is intended to be permanent in nature (for example, senior citizen housing) and which can demonstrate a reduced demand for a private outdoor recreational area based on any one or more of the following findings: 1. There is direct access by a pedestrian path, not exceeding 1/4 mile, from the proposed development to public open space or recreation areas which may be used by residents of the development; 2. The development operates a motor vehicle which is available an a regular basis to transport residents of the development to public open space or recreation areas; n!: 3. The required square footage of either, the private outdoor area or the shared outdoor recreation area may be reducee if togetherthe two areas equal or exceed the combined standard for both. The Director shall grant an exception t4 the landscaping requirements of this code, Section 10.120 A W, upon finding that the overall : landscape plan provides for at least 20 percent of f: the gross site to be landscaped. —312— Ordinance 09- EJ(e)1 The Director's decision may be appealed as provided by Section 18.32.31O.A. No notice of the Director's decision need be given. (Ord. 04•-37; Ord. 84-29; Ord. 83-52) 18.120.100 Approval Standards A..[(a)] The Director shall make a finding with respect to each of the following criteria when approving, approving with conditions, or denying an application: 1. Provisions of the following chapters: ct. [A] Chapter 18.92, Density Computation; b. [B] Chapter 18.144, Accessory Use and Structures; c. [C] Chapter 18.96, Additional Yard Area Requirements; d. [D] Chapter 18.98, Building Height Limitations: Exceptions; e. [E] Chapter 18.100, Landscaping and Screening; f. [F] Chapter• 18.102, Visual Clearance Areas; [G] Chapter 18.106, Off-Street Parking and Loading; h. [H] Chapter 18.108, Access, Egress, and Circulation; and 1. [I] Chapter 18.114, Signs; 2. Relationship to the Natural and Physical Environment: a. [A] Buildings shall be: (i) Located to preserve existing trees, topography, and natural drainage; (ii) Located in areas not subject to ground slumping or sliding; (iii) Located to provide adequate distance between adjoining buildings for adequate light, air circulation, and firefighting; and (3v) Oriented with consideration for sun and wind; R! Trees having a six inch caliper or greater shah be preserved or replaced by new plantings of equal character; ar+d Ordinance 89-- -313- i 3. Exterior Elevations: a. [A] Along the vertical face of single—family attached and multiple—family structures, offsets shall occur at a t� minimum of every 30 feet by providing any two of the following: i (i) Recesses (decks, patios, entrances, floor area, etc.), of a minimum depth of eight feet; (ii) Extensions (decks, patios, entrances, floor area, etc.) of a minimua, depth of eight feet, a maximum length of an overhang shall be 25 feet; I and j i (iii) Offsets or breaks in roof elevations of three or more feet in height; { 4. Buffering, Screening, and Compatibility between Adjoining j Uses: r 3 A. rA] Buffering shall be provided between different types of land uses (for example, between single—family and multiple—family residential, and residential and commercial), and the following factors shall be considered in determining the adequacy of the type and extent of the buffer: (i) The purpose of the buffer, for example to decrease noise levels, absorb air pollution, filter dust, or to provide a visual barrier; (ii) The size of the buffer required to achieve the purpose in terms of width and height; (iii) The direction(s) from which buffering is needed; (iv) The required density of the buffering; and f, (v) Whether the viewer -is stationary or mobile; b. [B] On site screening from view from adjoining properties of such things as service areas, storage areas, parking lots, and mechanical devices on roof Lops, i.e. , air cooling and heating systems, shall be provided and the following factors will be considered in determining the adequacy of the type and extent of the screening: t (i) What needs to be screened; (ii) The direction from which it is needed; I` (iii) how dense the screen needs to be; r 6 Ordinance 69— - -314— E t t (iv) Whether the viewer is stationary or mobile; and (v) Whether the screening needs to be year around; 5. Privacy and Noise: r a. [A] Structures which include residential dwelling units shall provide private outdoor areas for each ground floor unit which is screened from view by adjoining units as provided in Subsection 6.a below; b. [01 The buildings shall be oriented in a manner which protects private spaces on adjoining properties from view and r^Ise; c. [C] Residential buildings shall be located on the portion of the site having the lowest noise levels; and d. [D] On—site uses which create noise, lights, or glare shall be buffered from adjoining residential uses; (See Section 10,120.180.A.4) 6. Private Outdoor Area: Residential Use: A. [A] Private open space such as a patio or balcony shall be ® provided and shall be designed for the exclusive use of individual units and shall be at least 48 square feet in size with a minimum width dimension of four feet; and: (i) Balconies used for entrances or exits shall not be considered as open space except where such exits or entrances are for the sole use of the unit; and (ii) Required open space may include roofed or enclosed structures such as a recreation center or covered picnic area; �. [0] Wheraver possible, private outdoor open spaces should be oriented toward the sun; and c. [C] Private outdoor spaces shall be screened or designed to provide privacy for the users of the space; 7. Shared OutdoorRecreation Areas: Residential Use: a. [n] In addition to the requirements of subsections 5 and 6 above, usable outdoor recreation space shall be provided in residential developments for the shared or 4 common use of all the residents in the following amounts Ordinance 09- --315- F. (i) Studio up to and including two-badroom units, 200 square feet per unit; and f (ii) Three or more bedroom units, 300 square feet per unit; b. [B] The required recreation space may be provided as follows: (i) It may be all outdoor space; or (ii) It may be part outdoor space and part indoor space; for example, an outdoor tennis court, and indoor recreation room; t (iii) It may be all public or common space; , (iv) It may be part common space and part private; for example, it could be an outdoor tennis ; court, indoor recreation room and balconies on each unit; and ( (v) Where balconies are added to units, the balconies shall not be less than 48 square feet; c. [C] Shared outdoor recreation space shall be readily ` observable for reasons of crime prevention and safety; S. Where landfill and/or development is allowed within and adjacent to the 100-year floodplain, the City shall require the dedication of sufficient opera land area for greenway adjoining and within the floodplain. This area shall include portions at a suitable elevation for the construction of a pedestrian/bicvcle pathwav within the floodplain in accordance with the adopted godestrian/ bicycle flan. 9 [8.] Demarcation of Public, Semipublic, and Private Spares: ® Crime Prevention: a. [A] The structures and site improvements shall be designed so that public areas such as streets or public gathering places, semipublic areas and private outdoor areas are clearly defined in order to establish persons having a right to be in the space, in order to provide for crime prevention and to establish maintenance responsibility; And t b. [0] These areas may be defined by: (i) A deck, patio, low wall, hQdge, or draping vine; , (ii) A trellis or arbor; Ordinance 89- -316- a r. K (iii) A change in level; (iv) A change in the texture of the path material; (v) Sign; or (vi) Landscaping; 10. [9.] Crime Prevention and Safety: a. [A] Windows shall be located so that areas vulnerable to crime can be surveyed by the occupants; b. [B] Interior laundry and service areas shall be located in a way that they can be observed by others; c. [C] Mail boxes shall be located in lighted areas having vehicular or pedestrian traffic; d. fD] The extarinr ?;rvhting levels shall be selected and the angles shall be oriented towards areas vulnerable to crime; and �. [E] Light fixtures shall be provided in areas having heavy pedestrian or vehicular traffic and in potentially dangerous areas such as parking lots, stairs, ramps, and abrupt grade changes: ( (i) Fixtures shall be placed at a height so that light patterns overlap at a height of seven feet which is sufficient to illuminate a person; 11. [10.] Access and Circulation: [A] The number of allowed access points for a development shall be as provided in Section 18.108.070; b. [B] All circulation patterns within a development shall be designed to accommodate emergency vehicles; and E. [C] Provisions shall be made for pedestrianways and bicycleways if such facilities are shown on an adopted plan; 12. [11.] Public Transit: a. [A] Provisions within the plan shall be included for providing for transit if the development proposal is adjacent to existing or proposed transit route.- [B] route;[B] The requirements for transit facilities shall be baaed on; Ordinance 89-- -317-- v ' (i) The location of other transit facilities in the area; and (ii) The size and type of the proposal; c. [C] The following facilities may be required after Citv and Tri—tet review: (i) Bus stop shelters; (ii) Turnouts for buses; and (ili) Connecting paths to the shelters; 13. [12.] Parking: A, [A] All parking and loading areas shall be designed in accordance with the requirements set forth ir.. Sections 18.106.050 and 18.106.090, Chapters 18.102, Visual Clearance, and 18.108, Access, Egress, and Circulation; 14. [13.] Landscaping: A. [A] All landscaping shall be designed in accordance with the requirements set forth in Chapter 18. 100. b. [E2] In addition to the open space and recreation area requirements of subsections 5 and 6 above, a minimum of 20 percent of the gross area including parking, loading and service areas shall be landscaped; and c. [C] A minimum of 15 percent of the gross site area shall be landscaped; 15. [14.] Drainage: a. [A] All drainage plans shall be designed in accordance with the criteria in the adopted 1981 master drainage plan; [(See Chapter 18.110.)] 16. [15.] Provision for the Handicapped: a. [A] All facilities for the handicapped shall be designed in accordance with the requirements set forth in ORS Chapter 487[.915-925]; and 17. 116.] Signs: a. [A] All sign placement and construction shall be designed in accordance with requirements set forth in Chapter 1Q.114. 18. All of the provisions and reclulations of the underlyina zone ( shall apply unless modified by other sections or this title the Planned DeveloeMent Chapter 18.80.,° or a Variance granted under Chapter 18,134 etc.) (Ord. 84-29; Ord. 83--52) Ordinance 09-- -318- Chapter 18.130 CONDITIONAL USE r l Sections: 18.130.010 Purpose N am 18.130.020 Administration and Approval Process 18.130.030 Expiration of Approval. Standards for Extension of Time 18.130.035 Phased Development or Existing Development 18,130.040 Approval Standards and Conditions p�Q 18,130.050 Major Modification to A 24�-Pi --� _� '�^ 18,130.060 Minor Modifieation(s of a Conditional Use Permit 111—W 18,130.070 Application Submission Requirements s 18,130.080 Site Conditions 19,130.090 The Site Plan 18.130.100 Grading Plan 18:130.110 Architectural Drawings 10.130.i2o Landscape Plan 18.130.130 Sign Drawings j 18.130.140 Additional Information Required and Waiver of Requirements 19,130.150 Standard Dimensional Requirements for Conditional Use Types 1B.130.010 Purpose A. The purpose of this chapter is to provide standards and procedures under which conditional use may be permitted, ?' enlarged or altered if the site is appropriate and if other conditions can be met. (Ord. 83-52) 18.130.020 Administration and Approval Process n r J(a)I The applicant of a conditional use proposal shall be the recorded owner of the property or an agent authorized in writing by the owner. A preapplication. conference with City staff is required. (See Section 13.32.040.) Due to possible gkidnges in state statutes, or regional or local policy, information given by staff to the applicant during the -reapplication conference is valid for no more than six months: 1. Another preapplication conference is required if any site development application is submitted six months after the preapplication conference; and 2. Failure of the Director to provide any of the information g required by this section shall not constitute a waiver, of the standard, criteria or requirements of the applications. . , j .[(d)] The Director shall mail notice of any conditional use proposal to the persons who are entitled to notice in accordance with 4 Section 18.32,130. Ordinance 89- -319 `.I C(e)3 Action on the application shall be in accordance with Chapter 18.32. (Ord. 83-52) 18.130.030 Ex iration of A royal: Standards for Extension .r•Lc«lJ Approval of a conditional use by the Hearings Officer shall be void after orae. years if: I. Substantial construction of the approved plan has not begun r` within that one-year period; or 2. Construction on the site is a departure from the approved pproved C(b)3 The hearings Officer shall, upon written request by the applicant and payment of the required fee, grant an extension of the approval period not to exceed six months after a hearing as provided in Chapter 18.32; provided that: 1. Pio changes are made on the original conditional use plan as � approved by the Hearings Officer; 2. The applicant can show intent of initiating construction of the site within the six–month extension period; and F 3. There have been no changes in the facts or applicable Policies and ordinance provisions on which the approval was based. C-1(03 The decision of the hearings Officer may be appealed as provided by Section 18.32.310.8. (Ord. 83-52) 18.130.035 phased ®evelo nt or rxisti develo ent A. The Heari s Officer shall a rove time schedule for develo i a site in phases over a eriod of time csf one ear but in no case sh+sll the total time eriod for all hsases be rester than three ears without rea 1 i for ; review. ZZle B. The criteria for a rovi a hased conditional �✓ ra sal is that all of the follows ar•e satisfied: - use rtview The ioublic facilities shall be constructed in con u with or rior to each nction base. V 2. The develo nt and ®ccu nc of an hese shall not be de ndent on the use oP tem rar ublic facilities. -" a temoorary rsublic faCilit is env facility not constructed to the arlicable Cityst�.i_t s tandar�for Ordinance 89– -320– 3. The phased development shall not result in requiring the j City or other property owners to construct public fac-41itias that were required by approved development j proposal. 1 4. The Hearings Officer's decision may be appealed as provided by 18.32.310.8. No notice need be given of the Hearings Officer's decision, } 19,130,040 Approval Standards and Conditions The Hearings Officer shall approve, approve with conditions, or deny an application for a conditional use or to enlarge or alter a conditional use based on findings of fact with respect to each of the following criteria: 1. The site size and dimensions provide adequate area for the needs of the proposed use; 2. The characteristics of the site are suitable for the proposed use considering size, shape, location, topography, and natural features; 3. All required public facilities have adequate rapacity to serve the proposal; 4. The applicable requirements of the Toning district are met except as modified by this chapter; 5, The supplementary requirements set forth in Chapter 38.114, Signs, and Section 18,120. 180, Approval Standards, if applicable, are inet; and 6. The use will comply with the applicable policies of the comprehensive plan. An [approved conditional use or] enlargement or alteration of an existing conditional use shall be subject to the development review provisions set forth in Chapter 18.120. The Hearings Officer may impose conditions on its approval of a conditional use, which it finds are necessary to ensure [assure] the use is compatible with other use in the vicinity. These conditions may include, but are not limited to the following: 1. Limiting the hours, days, place, and manner of operation; 2. Requiring design features which minimize environmental impacts such as noise, vibration, air pollution, glare, odor, and dust; 3. Requiring additional setback areas, lot area, or lot 'depth F or width, Ordinance 89-- -321— A. Limiting the building height, size or lot coverage, or location on the site; 5. Designating the size, number, location, and design of vehicle access points; 6. Requiring street right—of—way to be dedicated and the street to be improved: 7. Requiring landscaping, screening, drainage and surfacing of parking and loading areas; 8. Limiting the number, size, location, height, and lighting of signs; 9. Limiting or setting standards for the location and intensity of outdoor lighting; 10. Requiring berming, screening or landscaping and the establishment of standards for their installation and maintenance; 11. Requiring and designating the size, height, location, and materials for fences; 12. Requiring the protection and preservation of existing trees, soils, vegetation, watercourses, habitat areas, and drainage areas; 13. Requiring the dedication of sufficient open land area for a greenway adjoining and within the floodplain when landform alterations and development are allowed within the 100—year f loodplain; ar►d 19. Requiring the construction or a pedestrian/bicycle pathway within the floodplain in accordance with the adopted pedestrian/bicycle pathway plan. J(d)) Manufactured home parks and manufactured home subdivisions are exempt from the provisions of subsection C above. Manufactured home subdivisions are subject to approval under the provisions of Chapter 18.160, Subdivisions. Manufactured home parks are subject to approval under the provisions of Chapter 18.120, Site Development Review. (Ord. 87-66; Ord. 84-39; Ord. 83-52) 18.130.050 Major Modification to Approved Plans or Existir►a Deyelop►srant L.:[(a)� An applicant may request approval of modification to an approved �.' plan by: 1. Providing the Director with five copies of the proposed modified conditional use plan; and Ordinance 89-' —322— t r 2. A narrative addressing the proposed changes as listed in subsection B below. ! E.[(b)] The Director shall determine that a major modifications) has resulted if one or more of the changes listed below have been proposed: 1. A change in land use; 2. An increase in dwelling unit density; 3. A ten percent change in the ratio of the different types of dwelling units to the number of units; A. A change in the type of commercial or industrial structures; 5. A change in the type and location of accessways and parking areas where off—site traffic would be affected; k. 6. An increase in the floor area proposed for nonresidential use by more than 10 percent where previously specified; 7. A reduction of more than 10 percent of the area reserved for common open space and/or usable open space; 9. A reduction of specified setback requirements by more than 20 percent; 9. An elimination of project amenities by more than 10 percent where previously specified provided such as: a. [A] Recreational facilities; i. b. [0] Screening; or c. [C] Landscaping provisions; and 10. A 10 percent increase in the approved density; [and] [11. Any other modification to conditions imposed at the time of site development review approval.] C.L(c)] Upon the Director determining that the proposed :!codification to the conditional use plan is a major modification, 'Che applicant shall submit a new application in accordance with Section 18.130.070 for conditional use prior 'to applying for site development review. a.[(d)] The Director's decision may be appealed as provided by Section 18.32.310.A. (Ord. 93-52.) � i Ordinance 89 —323— PT�{-y�^. .. �... . fisi � � ._ +✓a ,F�-. x. rxx Y., s .. .. .. ..,v .�" JV J� 18.130.060 Minor Modification s a Conditional Use Permit p• [(a)] Any m0dificat.ion which is not within the description of a modification as „r... major considered a mine 18.130,050 shall be [is] • ' +�i3 ------ • [(b)] A minor modifica• or denied follow. of a minor modificat' that: _thrq �• No code sed prou 2. The modifica the rationale for ChanSes the P 1 i s ted In e`l.. C(c)] Notice of the Dii _ �'' --sn Section 18.32,120. The decision ma Section 18.32.'310.A. (Ord. 83_52 y �" prau,ueu ay 18' 130.070 A lication Submission Re uirements A. C(a)] All applications shall be made on forms provided by the Director and shall be accompanied by; y � fA. fQ-G 1• !' lvjEpples of the site development plan(s ata or narrative which ex lairs owtheand necessary conforms to the standards: development A-. [A] Conditional use site Plan(s) shall be drawn on sheets pref--�-- ab12 not exceeding 18 inches by 24 inches; b. CD] The scale for a scale [20 feet, 50 site plan 100 feet lore an encaineeri e inch]; and 200 feet to the c• CC] All drawings of structure standard architectural scale elevations shall be a inch; being 1/4 inch or i!8 2 A list of the names and addresses of all who arero owners of record within 250 feet of the site; and p perty 3. The required fee. C(b)� The required information may be combined and does not placed on separate maps, have to be [(c)] The conditional use ;clan, data, and narrative shall include nclude the 1 Existing site conditions, Section. 18.130.080; r 2. A site plan, Section 18.130.090; 3• A grading plan, Section 18.130.100; Ordinance 89- -324- x 0 � � ~ v r A. A landscape plan, Section 19.130.120; 5. Architectural elevations of all structures, Section } 19.130.110; 6. A sign plan, Section 19,130.130; and 7. A copy of all existing and proposed restrictions or covenants. (Ord. 93-52) 18.130.090 Site Conditions A. The site analysis drawings shall include: 1. A vicinity map showing streets and access points, pedestrian and bicycle pathways, transit stops, and utility locations; 2. The site size and its dimensions; 3. Contour lines at two--foot intervals for grades 0 to 10 percent and less and five—foot intervals for grades over 10 percent; a 4. The general location of drainage patterns; 5. The general location of natural hazard areas including: a. [A] Floodplain areas (100—year floodplain and flooding); b. [9] Slopes in excess of 25 percent; S, [C] Unstable: ground (areas subject to slumping, earth f slides or movement); d. (0] Areas having a high seasonal water table within zero to 24 inches of the surface for three or more weeks of the year; e_. [E] Areas having a severe soil erosion potential; and f .. [F] Areas having severe weak foundation soils; 6. The general location of natural resource areas as shown on the comprehensive plan map inventory data; 7. The general location of site features including: a. [A] Rock outcroppings; and !s. [S] Trees with six--•inch caliper or greater measuring four feet from ground level; l` Ordinance 99- -325— 8. The location of existing structures on the site and proposed use of those structures; and 9. The location and type of noise sources on the site or on ` adjoining property such as traffic ways, mechanical equipment, or noise producing land uses. (Ord. 83-52) 18.130.090 The Site Plan A. The proposed conditional use plan shall be at the same scale as the site conditions and shall include the following informatiun: 1. The proposed site and surrounding properties; 2. Contour intervals (see Subsection 18.130.080.A.3); 3. The location, dimensions and names of all: a. [A] Existing streets; and b. [Q] Proposed streets; 4. The location and dimensions of: a. [A] Entrances and exits on the site; b. (0] Parking and circulation areas; c. [C] Loading and services areas, if applicable; d. [D] Pedestrian and bicycle circulation, if applicable; @. [E] Outdoor common areas, if applicable; and f. [F] Above ground utilities; 5. The location, dimensions, and setback distances of all: A. [A] Existing structures, improvements, and utilities which are: (i) Located within 25 feet of the site and are on adjoining property; and (ii) To remain on-site; b. [Q] Proposed structures, improvements, and utilities on the site; 6. The location of areas to be landscaped; 7. The location of proposed utility lines; Ordinance 89— —326 0. The location of mailboxes; 9. 'rhe location of all structures and their orientation; and P10. The location r.nd type of outdoor lighting considering crime prevention techniques. (Ord. 84-50; Ord. 03-52) 10.130.100 Gradinq Plan The site development plan shall include a grading pian at the same scale as the site analysis drawings and shall contain the following information: 1. Requirements in Sections 10.130.000 and 18.130.093; 2. The location and extent to which grading will take place indicating general contour lines, slope ratios, and slope stabilization proposals; and 3. A statement from a registered engineer supported by factual data substantiating: 2. [A] The validity of the slope stabilization proposals; and b. [B] That all problems will be mitigated and how they will be mitigated. (Ord. 84-50; Ord. 83-52) 18.130.110 Architectural Orawir°gs A. The conditional use plan proposal shall include: 1. The square footage of all structures proposed for use on—site; and 2. Preliminary elevation drawings of each structure. (Ord. 83-52) 18.130.120 Landscape Plan aW.[(a)] The conditional use plan proposal shall include: 1. The general location of fences, buffers, and screenings; 2. The general location of play areas and common open spaces; 3. The general location of existing and proposed plant materials, and 4. Location of underground sprinkler heads where applicable. 6.[(b)] The landscape plan shall include a narrative which addresses: 1. Soil conditions; and x Ordinance 89 —327— 2. Erosion control measures that will be used. (Ord. 84-50; Ord, 83-52) 18 130.130 Sign Drawings A. Drawings indicating sign location shall be submitted in accordance with Chapter 18. 114. (Ord. 83-52) 18.130.140 Additional Information Required and Waiver of Requirements The Director may require information in addition to that required by this chapter in accordance with Subsection 18,32.080.A. Ey[(b)] The Director may waive a specific requirement for information in accordance with Subsections 18.32.080.8 and C. (Ord. 83-52) 18,130.150 Standard Dimensional Requirements for Conditional Use Types o.[(a)] A conditional use proposal shall comply with the standards of the zoning district in which it is located and the applicable provisions of this title [code], or as otherwise provided in standards that follow. A conditional use permit shall not grant variances to the regulations otherwise prescribed by this title [code]. A variance application may be file,'. in conjunction with the conditional use application and both applications may be heard at the same hearing. The additional dimensional requirements and approval standards for conditional use are as follows: 1. Accessory Dwelling Unit: a. [A] A secondary unit may be allowed within an existing single-family detached unit for occupation by a person related by Mood or marriage to the property owner providing each of the following conditions are satisfied: (i) The lot coverage standards of the base zone are not exceeded; (ii) There are a minimum of 250 gross square feet of floor area for each occupant; however, there shall be no more than two occupants and t!%e unit shall be limited in size to 800 gross square feet; 1 t Ordinance 83- -320- (iii) One of the units shall be occupied by the property owner at all times that the accessory dwelling unit is occupied. Should the property i, owner vacate one of the units, the accessory unit shall riot be occupied; (iv) All requirements of the base zone shall be satisfied and required yard areas shall not be used for parking; and (v) The off—street parking requirements of Chapter 18.106 shall be satisfied for the principal dwelling and one additional space shall be provided for the accessory dwelling unit; 2. Adult Entertainment: [A. No adult entertainment establishment shall be permitted to locate in any residential zoning, neighborhood commercial, commercial, professional or industrial district;] a. [Q] No adult entertainment establishment [adult bookstore, or theater,] shall be permitted to locate within 500 feet of any: (i) Residential district; (ii) Public or private nursery, preschool, elementary, junior, middle, or high school; (iii) pay care center, nursery school, convalescent home, home for the aged, resident care facility, or hospital; (iv) Public library; (v) Public park; gr (vi) Religious institution; IL [C] Distance shall be measured in a straight Tine, without regard to intervening structures, objects or roads, from the closest point of the structure or portion of structure containing the use, to the closest portion of the residential district or property line upon which a use specified in paragraph (a) above is listed; �. [D] Any sign shall comply with the sign requirements, Chapter 18.114; sem. [C] Hours of operation shall be limited to 10:00 a...-_ to $ ' 1:00 u.m, ; Ordinance 89— -329— ,;r e• [rj All windows less than seven feet from the ground shall be covered or screened in such a manner that the sales area and inventory are not visible from the sidewalk adjacent to the' use; f. [G] Doors and windows shall at all times be closed except for normal ingress and egress; g:. [h7 No amplified or mechanically reproduced sounds shall emanate from the confines of the structure or portion of the structure in which the adult business is operated; and h. [r] All adult entertainment establishments shall comply with all applicable state laws; 3. Automotive and Equipment: Body Repairs, Light Equipment: A. [A] Setbacks (i) A five—foot perimeter setback shall surround all outdoor parking and storage areas; (ii) Buffer screening shall be provided along the perimeter of all outdoor parking and storage areas as required in Section 18.100.080; and 4 (iii) All repair work shall be performed indoors; �. Automobile and Equipment: Fleet Storage: [A] No buildings or structures are allowed; and 1i [B] Setbacks: see a licable zones [(i) Setbacks shall be used as a landscape buffer when the storage lot abuts a residential zoning district;] 5. Automobile and Equipment: Sales/Rental (Farms, Heavy and Eight Equipment): a. [A] Setbacks (i) Five feet of the perimeter setback shall be used for landscaping and screening purposes; 5• Community Recreation and Parks: a. [A] Setbacks: (i) All building setbacks stroll be a minimum of 30 feet from any property line; } Ordinance 89— _330— W b. [B] There are no off-street parking requirements; 7. Heliports; a. [A] Applicable district: All commercial and industrial zones. Heliports shall be sited in accordance with the ODOT Aeronautics Division requirements and the FAA recommended design guidelines; 8. Vehicle Fuel Sales: a. [A] lot size: 10,000 square feet; b [B] Setbacks: (i) The front yard setback shall be 40 feet; (ii) On corner and through lots, the setback shall be 40 feet on any side facing a street; and (iii) No side of- rear yard setback shall be required, except 20 feet where abutting a residential zoning district; c. [C] Fuel tank installation shall be in accordance with Chapter 18.104; and d. [D] Building height: same as applicable zone; [9. Parking Services:] [A. No buildings or structures shall be allowed;] CO. Setbacks:] [(i) Setbacks shall be used as a landscape buffer when storage lot abuts a residential zoning district;] 9. [10.] Schools: a. [A] Lot Size: There shall be no minimum lot size requirements for schools other than what is requiredfor the applicable zoning district, [(i) Preschool or elementary except as provided under subparagraph (iii) below. Minimum of , five usable acres plus one usable acre for each 100 students, or major fraction thereof, of the ultimate building capacity;] Ordinance 69- -331- [(ii) Junior high or high schools (any combination of grades seven through twelve). Minimum of ten usable acres plus one usable acre for each 100 l'. students, or major fraction thereof, of the ultimate building capacity;] [(iii) 20,000 square feet for nursery schools with less than 45 pupils;] [(iv) Any combination of preschool and junior or high schools shall comply with the standards as specified by subparagraph (ii) above;] b. [S] Setbacks: (i) The front yard setback shall be a minimum of 30 feet; (ii) On corner lots and through lots, the setback shall be a minimum of 20 feet on any side facing a street, plus meet visual clearance areas, Chapter 19. 102; (iii) The side yard setback shall be a minimum of 20 feet; and (iv) The rear yard setback shall be a minimum of 30 feet; 10. [11.] Religious Assembly and Accessory Use: [A] Lot Size: (i) Minimum lot size shall be 20,000 square feet; b. [9] Setbacks: (i) The front yard setback shall be a minimum of 25 feet; (ii) On corner lots and through lots, the setback shall be a minimum of 20 feet, plus meet visual clearance areas, Chapter 19.102; (iii) The side yard setback shall be a minimum of 20 feet; (iv) The rear yard setback shall be a minimum of 20 feet; and (v) Each setback shall be increased five feat for every 10 feet of building height over 45 feet; Ordinance 89— —33`� f . 21. [12.] Hospitals: Lot Size: , - Minimum lot size shall be 20,000 square feet plus 1,000 square feet for each bed over 15; b. [B] Setbacks: (i) The front yard setback shall be a minimum of 25 feet; (ii) On corner lots and through lots, the setback shall be a minimum of 25 feet, plus meet visual clearance areas requirement3, Chapter 18.102; (iii) The side yard setback shall be a minimum of 25 feet; _. __-_ yard -.ctback sha-ll ha d minimum of 75 (iv) The rear yard ,.............. ....�..- •-- -• _.... feet; and (v) Each setback shall be increased five feet for every 10 feet of building height over 45 feet; 12. [13.] Funeral and Interment Services (Interring and Cemeteries only): a. [A] Lot Size: (i) Minimum lot size shall be five acres; b. [8] Setbacks (i) For Graves Only: (1) The front yard setbacks shall be a minimum of 15 feet; (2) The side yard setbacks shall be a minimum of 15 feet; and (3) The rear yard setbacks shall be a minimum of 15 fec tT For Structures Only: (1) The front yard setbacks shall be a min-imum of 25 feet; Ordinance 89— 333- (2) On �.orner lots and through lots, the setbacks shall be a minimum of 25 feet on any sidle racing a street, Pius meet visual l clearance areas, Chapter 18,102; (3) The side yard setback shall be a minimum of 25 feet; and (4) The rear yard setback shall be a minimum of 25 feet; c. [C] Adequate fencing shall be provided. A fence of at least four feet in height located at least 2-1/2 feet from any right-of-way shall completely surround the area and shall meet visual clearance areas; and d. [D] There are no off-street parking requirements; 1M. [i4.] Lodge, Fraternal, and Civ.-_ Assembly: a. [A] Lot Size: (i) Minimum lot size shall be 20,000 square feet; 14. [15.] Spectator Sports and. Entertainment (Other, In Conjunction With School Use Only) a [A] Lot Size: (i) The minimum lot size shall be two acres; Setbacks: (i) The front yard setback shall be a minimum of 30 feet; (ii) On corner lots and through lots, the setback shall be a minimum of 25 feet on any side faring a street, plus meets visual clearance areas, Chapter 18.102; (iii) The side yard setback shall be a minimum of 25 feet; (iv) The rear yard setback shall be a minimum of 30 feet; and (v) Each setback shall be increased five feet for ever! 10 feet of building height over 45 feet; �.a Ordinance 89-_ -334- 0 c. CC] Off-street Parking: (i) Exempt, if constructed with a school use. Otherwise, requirements shall comply with Section 18.106.030; 15. [16.] Duplexes: a. [A] Lot Size: 10,000 square feet; and, b. [0] The remaining dimensional requirements of the underlying zoning district shall apply. 16. [17.] Cultural Exhibit and Library Services: a. [A] Applicable Zones: R-3.5, R-4.5, R-7; b. [0] Minimum Lot Size: see applicable zone; c. 01 [C] Setbacks: see applicable zone; a d. [D] Height Limitation: in accordance with Chapter 18.98; r and e. [E] Off-Street Parking: in accordance with Subsection 18.106.030.E.2; 17. [18.] Group Residential and Group Care Residential [(Care)]: a. [A] Applicable Zones: single-family residential and multiple family residential; b. [B] Minimum Lot Size: 5,000 square feet; C. [C] Minimum Setbacks: see applicable zone; d. [D] Height Limitations: see applicable zone; e. [!E] Compliance with all state requirements; and f [f] Off-Street Parking: in -accordance with Subsection 18.106.030.A.6; 18. [19.] Public Safety Services and Utilities [and Minor Impact Utilities]: A. [A] Applicable Zones: single and multiple-family residential; b.. [B] Minimum Lot Size: 5,000 square feet; c. [C] Setbacks: see applicable zone; d. [D] Height Restrictions in accordance with Chapter 18.98; Ordinance 89- -335-� ate:;, e. [E] Off-Street Parking and Loading Requirement: see Chapter 18.106; and f. [F] Screening: in accordance with Chapter 18.100; 19. [20.] Parking Facilities [Services]: a. [A] Applicable Zones: R-12, R-25, R-40 and C-N zone [multiple-family residential;] b. [Q] Minimum Lot Size: 5,000 square feet; c. [C] Minimum Setivacr. for structures — see applicable zone; for parking area — five feet; around perimeter of paved area for landscaping and screening purposes; d. [D] Height Limitations: see applicable zone; e. [E] Off-Street Parking Requirements: see Chapter 18. 106; and; g. [F] Screening: in accordance with Chapter 18.100; 20. [21.] Manufactured/Mobile Home Parks (See Chapter 18.94): a. [A] Applicable Zones: R-3.5, R-4.5; (; [B] Minimum Lot Size: one acre; c. [C] Minimum Lot Dimension: (i) Frontage: 100 feet; (ii) Depth: 150 feet; cam. [D] Minimum Setbacks: (i) Front yard: 25 feet; (ii) Rear yard: 25 feet; (iii) Side yard: 10 feet; (iv) Corner yard: 25 feet; a. [E] height Limitation: see applicable zone; f. [F] Off-Street Parking: see Chapter 18.106; [G] Landscaping: equivalent of 20 percent of the park area; h. [H] Screening: see Chapter 18.100; Ordinance 09- -336- i. Outdoor Recreation[s]: Have a minimum of 60 square feet of outdoor recreation area, suitably improved for recreational use, provided for each unit exclusive of required yards. ( Each recreation area shall have minimum size of 2,500 square feet; 21. [22.] Mobile [Manufactured] Home Subdivisions: a. [A] Applicable Zones: R-3.5 [R-3], R-4.5; b. CII] Minimum Lot Size: see applicable zone; c. [C] Minimum Lot Dimension: see applicable zone; d [D] Minimum Setbacks: see applicable zone; e. [E] Height Limitations: see applicable zone; d. [r] Off-Street Parking: see Chapter 18.106; and g` [G] Landscaping and Screening: see Chapter 18.100; 22. [23.] Automobile and Equipment, Sales and Rental, Equipment and Repair - Light: a. [A] Applicable Zone: general commercial; b. [B] Minimum Lot Size: see applicable zone; c. CC] Minimum Setbacks: see applicable zone, and a five-foot landscaping strip between right-of-way line and auto display area; d. [D] Height Limitation: see applicable zone; c. [E] Off-Street Parking and Loading Requirements: see Chapter 18.106; anti �. [F] Screening: in accordance with Chapter 18.100; 23. [24.] [Group Residential (]Children's Day Care[)]: a. [A] Applicable Zone: single-family and multi-family residential, CRD; b [B] Minimum Lot Size: 5,000 square feet; c, [C] Minimum Setbacks: see applicable zone; d. [D] Height Limitation: see applicable zone; Ordinance 89 -337- e. [E] State Certification: in accordance with ORS Chapter 410[.805 - 418.8053; and f. [F] Off-Street Parking: in accordance with Subsection 18.106.030.8.3; 27. [25.] Eating and Drinking Establishments: pt., [A] Applicable Zone: neighborhood commercial; b� [B] Minimum Lot Size: see applicable zone; [C] Minimum Setbacks: see applicable zone; as SL [D] Height Limitations: see applicable zone; and 2. [E] Off-Street Parking and Loading Requirements: see Chapter 18.106; 25. [26.] Transient Lodging/Restaurant (On Same Parcel): NOW— a. [A] The lot area and dimensional requirements of the underlying zoning district shall apply; and a-- b. [B] Additional requirements shall apply as required by the underlying zoning district; 26. [27.] Wholesale, Storage, and Distribution: a. [A] The lot area and dimensional requirements of the underlying zoning district shall apply; and b. [0] Additional requirements shall apply as required by the underlying zoning district; 27.[28.] Participation Sports and Recrx)ation: (Indoor/Outdoor): �. CA] The lot area and dimensional requirements of the underlying zoning district shall apply; and b. [B] Additional requirements shall apply as required by the underlying zoning district, 28. [29.] Vehicle.Fuel Sales with Convenience Sales: a. [A] The lot area and dimensional requirements of the underlying zoning district shall apply; and b. [Bj Additional requirements shall apply as required by the underlying zoning district; Ordinance._89.. -338- 29. Drive-Up Windows: A. [A] Applicable Tones: any commercial or industrial zone with an action area overlay; b. [a] Minimum Lot Size: as required in the underlying zone; c. [C] Minimum Setbacks: Where access to the drive-up windorwrs is not separated from abutting properties or public right-of-way by parking, structures, or landscaping visual screening shall be provided to screen headlights from abutting property and right-of-waw; d. [Di Height Limitation: in accordance with the underlying zone. e. [E] Drive-in Window reservoir Requirement. All uses providing drive-in service as defined by this title shall provide on the same site a reservoir for inbound vehicles as follows: Use Reservoir Requirement Drive-in banks 5 spaces/service terminal Drive-in restaurants 10 spaces/service window Drive-in theaters 10% of the theater capacity Gasoline service stations 3 spaces/pump Mechanical car washes 3 spaces/washing unit Parking facilities— Free-flow entry 1 space/entry dr:.veway Ticket dispense entry 2 spaces/entry driveway Manual ticket dispensing Q spaces/entry driveway Attendant parking 10% of that portion of parking a capacity served by the driveway fes. [F] Reservoir Parking. Restaurants providing drive—up window service shall provide at least two designated earl: n,.,.^ spaces immediately beyond the service window, .,g or provide other satisfactory methods, to allow customers requiring excessive waiting time to receive their food while parked. :. [G] Hours of operation. Hours of operation shall be limited for the drive-in window when the property with the drive-in window facility abuts a residential use. In this case, hours of the drive-in window shall be limited to seven a.m. to nine p.m. Ordinance 89-- -339 h. [N] walk—up Service, Financial and other commercial establishments providing drive—up window facilities which do not provide for walk—in customer service (i.e, , not allowing transactions within the structure) shall provide for safe, convenient, and readily accessible exterior walkup window service, such as an automatic teller machine, at any time during regular business hours. Additionally, at a minimum, two parking spaces shall be provided allowing convenient access to the walk-up service window. i. [I] Emergency Exit. The design of the vehicle stacking area serving the drive-up window shall allow customers to leave the stacking line in their vehicle in the event of an emergency. j_ [7] Pedestrian Access . On—site , parking for walk—in customers shall be designed so that pedestrians do not have to cross drive—up window stacking lines to any public entrances into the building. kms. [K] Obstruction of Rights—of—way. Establishments having drive--:up window facilities shall have sufficient stacking area to insure that public rights-of-way are El fl not obstructed. 1. [L] Sound Systems. Communications sound systems shall not exceed a measurement of 55 decibels at the adjoining property line(s) at any time. F 30. Transient Lodging in I-P Zone: 1 a. [A] Site size shall be a minimum of two acres and a ` maximum of five acres. b= [g] The site shall have access to be approved by the City Engineer to an arterial or major collector street with capacity sufficient to ensure that adequate access to local businesses is maintained. s c. [C] Ancillary uses, cited in :vection 1a.Su.O30.A,2,o shalt be allowed as integral elements of the Conditional Use, provided they are designed to meet the 20 percent floor area limitations [in `',ection 18.58.030.A.2.o]. d. [D] Signage shall conform to Chapter 18.114 of this title. �. [E] Bed and breakfast use shall not be permitted. 31. Single Family Attached Residential Units: a. Aepl i cable zone: R-4.5 r Lot Size: a minimum of 7,500 square feet: and Ordinance 89— _-340 C. Setbacks: M The front yard setback shall be a minimum of 20 t feet; ii On corner lots and through lots, the setback shall be a minimum of 20 feet, plus meet visual clearance requirements (Chapter 18.102); iii The side yard setback shall be a minimum of 10 feet; and sra •- -• Tho aNd setback shall be a minimum of 20 $=` .l�9 rear yw. � shall - - feet. (Ord. 88-20; Ord. 87-47; Ord. 87-03; Ord. 85-39; Ord. 85--07; Ord. 84-71; Ord. 84-61; Ord, 84-23; Ord. 84-09; Ord. 83-52). Ordinance 89- -341- Chaster 18,132 NONCONFORMING SITUATIONS Sections: 18.132.010 Purpose 18.132.020 Administration: Determination of Nonconforming Use Status 18.132.030 Pending Building Permits 18.132.040 Criteria for Nonconforming Situations 18.132.050 Repairs and Maintenance 18.132.060 Uses under Conditional Use Provisions Not Nonconforming Uses 18.132.010 r�urwuse A.[(a)] Within the districts established by this chapter or amendments that may later be adopted, there may exist lots, structures, uses of land, and structures which were lawful before the effective date of the ordinance codified in this chapter, but which would be prohibited, regulated or restricted under the terms of the ordinance codified in this chapter or future amendments. BL[(b)] It is the purpose and intent of this chapter to permit these nonconforming lots, structures, and uses to continue but to disallow the enlargement, expansion or extension of such uses except that the enlargement or expansion of a single—family residence will be allowed in the CBD zone only. I C.[(d)] Nonconforming uses are incompatible with the comprehensive plan and with permitted uses in the zoning district involved. (Ord. 84-61; Ord. 83-52) 18.132.020 Administration: Determination of Nonconforming Use Status A.[(a)] The Director shalt make a determination regarding nonconforming use status. 8.[(b)] Upon application and payment of fees, the decision of the Director may be appealed as provided by Subsection 18.32.310.A. (Ord. 83-52) 18.132.030 Pending Building Permits A•[(a)] In order to avoid undue hardship, nothing in this chapter requires any change in the location, plans, construction, size, or designated use of any building, structure, or part thereof, for which a required City building permit has been granted prior to enactment of this title [code]. ..[(b)] If a building permit is revoked or for any reason becomes void, all rights granted by this chapter ore extinguished and the project shallthereafter be required to conform to all the provisions of this title [code]. (Ord. 83-52) Ordinance 89— —342— 18.1._____„ 040 Criteria far 111onconformin Situations A.[(a)] Nonconforming Lots of Record: Subsections 1, Except as provided in ;cubsectivn�� cA•2bel�owat nthe effective . B and C, no nonconforming lot date of this title or amendment thereto shall be developed for any use, and no existing use on a nonconforming lot of record shall be enlarged, extended or reconstructed, except that the enlargement or expansion of a single—family residence will be allowed in the CBD zone only; 2. If or, '-!;e .date of adoption of this title a lot does not -L- -ppl icable zoning meet the lot size requirements of U,.G --r, district in which the property is located, the lot may: = a [A] Be occupied by one use permitted outright in a commercial zoning district, if the lot is located within a commercial zoning district; or by single—family residential units and b [B] Be occupied accessory structures if located in a residential zoning district; In any district, construction on a single nonconforming lot 3 of record existing at the effective date of this title or tanding limi sed by amendment thereto, notwithstiars°subj�cty to the other provisions of this tle [code], following: a [A] . The nonconforming lot shall be in a separate ownership and not contiguous with other lots in the same ownership; and � icable provisions of b, [B] All setback, height and other app.. the zoning district shall be satisfied; q. If two or more ivts, or co mbnatior►s of lots and portionsre , ective of lots in Single ownership a a made of record at easy to ~lot date of this title this title [code] the lots area, width, or depth by involved shall be considered to be an undivided parcel for the purposes of this title [code]; and No portion of the aggregated parcels shall be [A] or used in any manner which conveyed, transferred, '. violates or creates a violation of this title [code]; , b [B] No division of the parcel shall be made which creates any lot remaining with the area, width or depth which does not meet the requirements of this title [code}. —343 ur^d inance 89— [(b)] Criteria For Nonconferming Uses of Land: 1. Where at the time of adoption of this title [code] a lawful r use of land exists which would not be permitted by the k regulations imposed by this title [code], and where such use involves no structure or building other thaii a single sign or --ccassory structure, the use may be continued as long as it remains otherwise lawful, provided: a. [A] No such nonconforming use is enlar;ied, increased or extended to occupy a greater area of land or space than was occupied at the effective date of adoption or amendment of this title; b. [Q] No such nonconforming use shall be moved in Whole or in part to any portion of the lot other than that occupied by such use at the effective date of adoption or• amendment of this title; c. [C] The nonconforming use of land is not discontinued for any reason for a period of more than six months; d. [D] If the use is discontinued or abandoned for any reason for a period of six months any subsequent use of land shall conform to the regulations specified by this title [code] for the zone in which such land is located; and I.. [E] For purposes of this section, a use is discontinued or abandoned upon the occurrence of the first of any of the following events: (i) On the date when the use of land is vacated; (ii) On the date the use ceases to be actively involved in the sale of merchandise or the provision of services; (iia.) On the date of termination of any lease or contract under which the nonconforming use has occupied the land; and ^� (iv) On the date a request for final reading of water and power meters is made to the applicable utility districts; �. [F] No additional structure, building or sign shall be constructed on the lot in connection with such nonconforming use of land. Ordinance 89-- -344 C.[(c)] Nonconforming Structures: 1. Where a lawful structure exists at the effective date of adoption or amendment of this title that could not be built under the terms of this title [code] by reason of i restrictions on lot area, lot coverago,. height, yard, equipment, its location on the lot, or other requirements concerning the structure, such structure may be continued so long as it remains otherwise lawful, subject to the following provisions: at. [A] No such nonconforming structure may be enlarged or altered in a way which increases its nonconformity, but any structure or portion thereof may be enlarged or altered in a way that satisfies the requirements of this title [code] or will decrease its nonconformity; b. [B] Should such nonconforming structure or nonconforming portion of structure be destroyed by any means to an extent of more than 60 percent of its current value as assessed value by the Washington County assessor, it shall not be reconstructed except in conformity with the provisions of this title [code]; and c, [C] Should such structure be moved for any reason for any distance whatever, it shall thereafter conform to the regulations for the zoning district in which it is located after it is moved. J(d)] Nonconforming Use of Structures 1. If a single lawful use contained in a single structure involving that structure or structure and premises in combination (except for a single, accessory structure) existed as of March 16, 1983, it would not be allowed in the zoning district in which it is located, or which is nonconforming bacause of inadequate off—street parking, landscaping or other deficiency (under the terms of this title or amendment thereto) the lawful use may be continued so lona as it remains otherwise lawful, subject to the following provisions: C. [A] No existing structure devoted to a use not permitted by this title [code] in the zoning district in which it is located shall be enlarged, extended, constructed, reconstructed, moved, or structurally altered except to accommodate a changing of the use of the structure to a use permitted in the zone in which it is located; ordinance 99 —345— Any nonconforming use may be extended throughout any existing parts of a building which were manifestly arranged or designed for such use at the time of adoption or amendment of this title, but no such use shall be extended to occupy any land outside such building; c. [C] A change of use for a single use in a single structure may occur under the following conditions: (1) The nonconforming use status was registered with the [planning] Director in the manner provided b;/ Subsection 3 for the purpose of establishing the use classification as listed in any of the permitted use subsectIons of this title [code]; (ii-) The new use is within the rcgistared permitted use classification; and (iii) The new use conforms to the zoning ordinance provisions; d. [D] When a nonconforming use of a structure and premises is discontinued or abandoned for six months the structure and premises shall not thereafter be used except in full conformity with all regulations of the zoning district in which it is located. For purposes of this section, a use shall be deemed to be [is] discontinued or abandoned upon the occurrence of the [ first of any of the following events: (i) On the date when the structure or premises is vacated; (ii) On the date the use ceases to be actively involved in the sale of merchandise or the provision of services; (iii.) Nb tha date of termination of any lease or contract undar which the nonconforming use has occupied the premises; 2r (iv) On the date a request for final reading of water and power metars is made to the applicable utility districts; S. [G] Where a nonconforming use status applies to a structure and premises, removal, or destruction of the structure shall eliminate the nonconforming use status of the land: Ordinance 89— —348 .z' y (i) Destruction for the purpose of this subsection is defined as damage 'to an extent rf more than 60 percent of its current assessed value by the j, Washington County assessor; and t (ii) Any subsequent use ehall conform fully to all provisions of the zoning district in which it is located; 2. If a single structure or a structure and premises containing a number of !awful uses (except for a single accessory structure) existed as of March 16, 1993, and those uses would not be allowed in the zoning district in which they are located, or which are nonconforming because of inadequate off—street parking, landscaping or other deficiency (under the terms of this chapter or amendment thereto), the lawful uses may be continued so long as they remain otherwise lawful, subject to the following provisions: �. [A] No existing structure devoted to a use not permitted by this title [code] in the zoning district in which it is located shall be enlarged, extended, constructed, reconstructed, moved or structurally altered except to accommodate a changing of the use of the structure to a use permitted in the zone in which it is located; b. [B] Any nonconforming use may be extended throughout any existing parts of a building which was manifestly arranged or designed for such use as of March 16, 1903, but no such use shall be extended to occupy any land outside such building except as limited by Subsection (e) below; c. [C] A change of use may occur- as follows: (i) The nonconforming use status was registered with tti l Director in the maAnner provided �„� [ps�,nn�;~,g] it pro- by Subsection 3 below for the ourr::;s;a of establishing the use classificat44n as listed in any of the permitted ua;Q! subsections of this title [code]; (ii) The new use is within the registered use classifications; (iii) The new use does not cause an increase iw the total number of square feet in the registered use classification; o. (iv) The new use conforms to the zoning ordinance provisions; ordinance 89— —347— d. [D] Where a structure had van-ant units as of March i6, 1983, such vacant spaces shall be clas:,ifia; with the most restrictive use classification applicable to the l structure; grid e. [E] When the use of the structure, including all uae-,, is discontinued or abandoned for three months, the structure and premises shall not thereafter be used except in full conformity with all regulations of the zoning district in which it is located, for purposes of this section, a use shall be deemed to be [is] discontinued or abandoned upon the occurrence of the first of any of the following events: (i) The vacation of the structure or premises, or (ii) The making of a request for final reading of water and power meters to the applicable utility districts; 3. Nonconforming use may be registered with the Director upon proof that the use was in lawful existence as of March 16, 1983. The Director shall: a. Mike a nonconforming use determination as provided by Section 18.12; b. Maintain a file of registered nonconforming uses and use classifications; and C. Approve a business tax request involvinga change of use upon "finding the provisions of Subsections D.1 or D.2 are satisfied; 4. The provisions of Section 18.132.040 shall not be interpreted as granting an owner of a nonconforming use a vested right. The provisions of the section may be revised in a manner which does not change the rights granted by this sectionuruer this chapter. (Ord. 84-61, Ord. 83-52) za 18.132.050 Repairs and Maintenance On any nonconforming structure or portion of a structure containing a nonconforming situation, normal repairs, or g replacement on nonbearing walls, fixtures, wiring, or plumbing may be performed in a manner not in conflict with the other F' provisions of this chapter. }r Nothing in thio title [code] prevents the strengthening or . restorinc to a safe condition of any building or part thereof declared to be unsafe by any official charged with protecting the public safety, upon order of ai.ichvfficiul. (Ord. 83-52} Ordinance 89-- —348 18.132.060 Uses under Condii;L'Qn.l Use Provisions Not Nonconforming Uses !a—[(a) A permitted use existing before the effective date of this ordinance which, under the provisions of this title [code], is now permitted only upon receiving a conditional use permit under ' � ' title [cadet sh--ll not b^- deemed [i s] a trio: �e:��i15 �� t�i3s .. nonconforming use in such zoning district if it otherwise conforms to the standards of this title [code], but shall without further action be considered a conforming use subject to the provisions applicable to conditional uses; 9, [(b)] Enlargement, extension, reconstruction, or moving of such use shall only be allowed subject to the provisions for conditional use as contained in Chapter 18,130. (Ord. 83-52) iv Ordinance 89 349 Chapter 18.134 VARIANCE Sections: 18.134.010 Purpose 18.134.020 Applicability of Provisions 18.134.030 Administration and Approva3—Process 18.134.040 Expiration of Approval: Standards ror Extension of Time 18.134.050 Criteria for Granting a Variance 18. 134.060 Application Submission Requirements 18.134.070 The Site Plan 18.134.010 Purpose A. The purpose of this chapter is to provide standards for the granting of variances from the applicable zoning requirements of this title [code] where it can be shown that, owing to special and unusual circumstances related to a specific piece of the land, the literal interpretation of the provisions of the applicable zone would cause an undue or unnecessary hardship, except that no use variances shall be granted. (Ord. 83-52) 18.134.020 Applicability of Provision 5 A.[(a)] The variance standards are intended to apply to individual platted and recorded lots only. B.[(b)] An applicant who is proposing to vary a specification standard for lots yet to be created through a subdivision process may not utilize the variance procedure unless otherwise specified in Chapter 18.148, Zero Lot Line Setback Standards, or Chapter 18.160, Land Division: Subdivision. (Ord. 83-52) 18.134.030 Administration and Approval Process .[(a)] The applicant for a variance shall be the recorded owner of the property or an agent authorized in writing by the owner. A preapplication conference with City staff shall be required. (See Section 18.32.040.) Due to possible changes in state statutes, or regional or local policy, information given by staff co the applicant during the preapplication conference is valid for no more than six months: 1. Another preapplication conference is required if any variance application is submitted six months after the preapplication conference; and a Ordinance 89- —350 2. Failure of the Director to provide any of the information required by this chapter shall not constitute aIver of the standard, criteria or requirements of the applications, D•[(d)] The Director shall approve, approve with conditions, or deny any application for a variance. the Director si,all apply the standards set forth in Soction 18,134.050 when reviewing an application for a variance. E.[(e)] The decision of the Director may be appealed in accordance with Subsection 18.32.310.A. The Director shall mail notice of any variance sion to persons who are entitled to notice in accordance with Secon 18.32.130. (Ord. 03-52) ---- 18.338.040 Ex iration of A royal: Standards for Extension of Time A.[(a)] Approval of a variance shall be void after one yearsunless: 1. Substantial construction of the approved plan has begun within a one-year period; or 2. Construction an the site is a departure from the approved plan. D•[(b)] The Director shall, upon written request by the applicant and payment of the required fee, grant an extension of the approval period not to exceed Cix month�; provided that: C�n2�evJ �, 1. No changes are made on the original variance plan as .. ;approved by the Director; i 2. The applicant can show intent of initiating construction of the site within the six-month extension period; and 3. There have been no changes in facts or the applicable policies and ordinance provisions on which the approval was bused " C.[(c)] The decision of the Director may be appealed as provided by section 18..32.310.A. No notice of the Director's decision need be given. (Ord. 83-52) 18.134.050 Criteria for Granting a Variance The Director shall approve$ approve with conditions, or deny an application for a variance based on finding that the following criteria are satisfied: i -351 0 d i nance 99--_ �. The proposed variance will not be materially detrimental to the purposes of this title [code], be in conflict with the policies of the comprehensive plan, to any other applicable �., policies and stand .rds, and to other properties in the same zoning district or vicinity; 2. There are special circumstances that exist which are Peculiar to the lot size or shape, topography or other circumstances over which the applicant has no control, and which are not applicable to other properties in the same zoning district; 3. The use proposed will be the same as permitted under this title [code] and City standards L,11 he maint.,ained to the greatest extent that is reasonably possible while permitting some economic use of the land; 4. Existing physical and natural systems, such as but not limited to traffic, drainage, dramatic land forms, or parks will not be adversely affected any more than would occur if the development were located as specified in the title [code]; and 5. The hardship is not self—imposed and the variance requested is the minimum variance which would alleviate the hardship. S. The Director shall ,approve, approve with modifications, or deny t an application for an access variance in accordance with the criteria set forth in Section 18.108150. C. The Director shall approve, approve with modifications or deny an application for a subdivision variance subject to the criteria set forth in Section 18.150.120. (Ord. 83-52) 18.134.050 Application Submission Requirements All applications shall be made on forms provided key the Directgr po „ and shall be accompanied by: tArWIA 1. Three copie. of thy—variance p an s) and necessary data or narrative which explains how the development conforms to the standards: �. [A] Sheet size for a variance site plan and required drawings shall preferably not exceed 18 inches x 24 inches; s [8] The scale of the site plan shall be an ehgineeri scale [20 feet, 50 feet, 100 feet or 200 feet to the inch]; and a Ordinance 89— -�------. -352— , elevations shall be a rCj All drawings of structure being 1/4 inch or 1/8 S. standard architectural scale, inch; 2. A list of the names and aall persons who are addresses of of the site; and owners of record within 250 feet property 3. The required fee. _8 [Cb)] The required information may be combined and does not have to be placed on separate maps G.[Cc)] The variance site plan, data, and narrative shall include the following: 1. A site plan, Section 18.134.070; and existing and proposed restrictions or 2. A copy of all Ord. 83-52) ,.., rOr�l, 06-23; covenan-5• 18.134.070 The Site Plan ro oscd variance shall include the following �a.[Ca)] The p ce site pla a information* The proposed site and surrounding properties; 1. streets; 2. The location, dimensions and Names of all existing '. 3. The location and dimensions of: and exits on the site; a. [A] Entrances and circulation areas; b. [8] Parking i C. [G] Loading and services areas; E d. Cd] Pedestrian and bicycle circulation; e [E] Outdoor common areas; f. CE] Above ground utilities; and [G] Existing landscaping; 4. -rhe location, dimensions and setback distances of all! Which ments and a. CA] Existing tes and structures, improveutili't1esare on are located within 25 feet of the Si ad;oining property; and and }� (93 Proposed structures, improvements, landscaping, utilities on the site. -353-- ordinance 89 F 9.C(b)] In the case of a request for a variance to the building height provisions of Section 16. 100.130, Buffer Matrix: C- 1. An elevation drawing of the structure and the proposed variances; and 2. A drawing(s) to scale showing the impact on adjoining properties; for example, will the height variance if granted, block a viewpoint from an adjoining property of a significant land feature. (Ord, 03--52) k k Ev xOrdinance 89--s„'• G. .F —354— Chapter 18.136 ANNEXATIONS Sections: 18.136.010 Purpose 18.136.020 Administration and Approval Process 18.136.030 Approval Standards 18.136.040 Application Submission Requirements 18.136.010 Purpose A. The purpose of this chapter is to: 1. Implement the policies of the comprehensive plan; 2. Provide for City review of all annexation requests for a determiratzon of the availability of facilities and services as related to the proposal; 3. Provide for dissemination of public information and for sufficient time for public review prior to submittal to the Portland Metropolitan Area Boundary Commission; 4. Provide for City and County coordination of annexation requests; and 5. Provide for an expedited process by establishing procedures whereby the annexation and rezoning may be considered concurrently. (Ord. 83-52) 18.136.020 Administration and Approval Process J(a)] The applicant for an annexation proposal shall be as provided by Section 18.32.020 and shall concurrently apply for an established area/developing area designation as provided by Chapter 18.138 and for a zone change following procedures outlined in Chapter 18.32. 8•[(b)] A preapplication conference with City staff is required. (See Section 18.32.040.) gJ(03 Due to possible changes in state statutes, or regional or local policy, information given by staff to the applicant during the preapplication conference is valid for no more than six months: 1. Another preapplication conference is required if any site development application is submitted six months after the preapplication conference; aLnd 2. Failure of the Director to provide any of the information required by this section shall not constitute a waiver of the standard, criteria or requirements of the application. Ordinance 89-- 3aa-- ®. [(d)] Within 45 days after the closing of the application submittal period, the Council shall hold a public hearing in accordance with the provisions of Chapter 18.32 and shall make a recommendation to the Rortland Area Boundary Commission for approval, approval with modifications, or denial of the annexation based on the standards in Section 18.36.030. At the same hearing, the Council shall assign the development or established area classification as provided by Chapter 18.138, the zoning designation as provided in Chapter 18.32 and, if necessary, the Council shall assign the comprehensive plan designation. fi.[(e)] Any zoning designation approved by the City through this process shall not become effective until the effective date of the ` boundary Commission's final action on the proposed annexation. F (f)] City notices regarding the annexation, and given pursuant to Section 18.32. 130, shall contain a declaration of the City's intent to consider placing the property proposed for annexation , or any part thereof in a City plan and zoning classification including whether it will be annexed as an established area as provided by Subsection 18. 138.020.A or developing area as provided by Subsection 18.138.020.8. (Ord. 85-32; Ord. 84-61; Ord. 83-52) 18.136.030 Approval Standards ' AJ(a)] The decision to approve, approve with modification, or deny an application to annex property to the City shall be based on the following criteria: 1. All services and facilities are available to the area and have sufficient capacity to provide service for the proposed annexation area; and l 2. The applicable comprehensive plan policies and implementing ordinance provisions have been satisfied. a. [(b)] The plan, designation and the zoning designation placed on the property. 'sha11 be the City's zoning district which most closaly implements the City`s or County's comprehensive plan map designation. �.�(c)] The determination of whether the property is an established area or a developing area will be based on the standards contained in Chapter 18.138. (Ord. 83-52) 18.136.040 _Application Submission Requirements A.[(a)] All applications shall be made on forms provided by the Director and shall be accompanied by: Ordinance 89- —356- - �r ��hec' copies of the annexation area, c ncep a evelopment d�n necessary data or narrativir which explains how plan(s) an e y the annexation conforms to the standards: a. [A] Sheet size for , an annexation area, conceptual development plan and required drawings shall preferably not exceed 16 inches by 24 inches; and ts. [63 The scale of the required drawings shall be ars eaSinearing scale [20 feet, 50 feet, 100 feet or 230— feet to the inch]; 2. A list of the names and addresses of all who are property owners of record within 30 days before the application and whose property is within 250 feet of the site; and 3. The required fee. (b)] The reauired information may be combined and does not have to be placed on separate maps. The annexation area plan, data and narrative shall include the following: 1. A map to a scale shown in Subsection A.1.b of the area to be annexed which includes the surrounding area; 2. A map of the area shown on the Washington County assessor map; 3. A metes and boc!nds legal description of the annexation area; 4. A statement of the availability, capacity, and status of existing water sewer, drainage, transportation, park, police and fire service, and school facilities; 5. A statement of the increased demand for such facilities to be generated by :ny proposed development within the annexation area; and 6. A conceptual development plan which includes: a. The type of intensities (density) of the proposed land use; b. Transportation corridors; C. aignificar;t natural features; and d. Adjoining land uses. (Ord. 63-52) Ordinance 59.- -357— Chapter 18.138 ESTABITr,WFD AREA: DEVELOPING AREA CLASSIFICATION Sections: 18.138.010 Purpose 18.138.020 Definitions 16.138.030 Criteria for Inclusion 18.138.040 Designations 18.138.050 Administration and Approval Process 18 138.010 Purpose The purpose of this chapter is to provide standards for the classification of land as ,t is annexed to the City. g,[(b)] The intent of the comprehensive plan is that land within the City will not be reclassified except as a part of the plan update process. Any changes to the established and developing area boundaries shall comply with OAR 660-07-055. (Ord. 84-61; Ord. 83-52) R 18.138.020 Definitions p.[(a)3 Established Area: 1. An established area is an area where the land is not classified as buildable land under OAR 660-07--000; and 2. An established area may include some small tracts of vacant land (tracts less than an acre in size) provided the tracts ra are surrounded by land which is not classified as buildable x land under OAR 660-07-000. 0.C(b)3 Developing Area: 1. A developing area is an area which is included in the City's buildable land inventory under the provisions of OAR except as provided by Subsection A.2. (Ord. 83-52) 18.138.030 Criteria for Inclusion A.C(a)3 All land which is annexed to the City shall be classified as an established area or as a developing area on the plan map and on the zoning snap. �.C(b33 The decision shall be based on definition of the areas as set forth in Section 18.138.020. (Ord. 83-52) 18.138.040 Designations Ordinance 89 —358-� A. An established area or developing area designation shall be placed on the plan map and on the zoning map upon approval of the designation. (Ord. 63-52) •16,138.050 Administration and Avoroval Process A.[(a)3 The applicant for annexation to the City shall apply for a land classification concurrently with the annexation application, B.[(b)3 The application shall be processed in the same manner as a zone change application under the provisions of Chapter 16,32. 9.[(c)3 The applicant shall provide the City with the following informs, tion:. Ul ulm o-.1-1 t : is cooies� f�sr review by the Commission othe established area or d eloping area map proposal and necessary data or narrativ which explains how the accessory use or structure proposal conforms �o ..h.: . a. [A] Sheet size indicating the area of the proposed established or developing area map change plan(s) and required drawings shall be drawn on sheets preferably not to exceed 16 inches by 24 inches; and b. [8] The scale of the site plan shall be an engineering scale [20 feet, 50 feet, 100 feet or 200 feet to the inch]; 2. A list of the names and addresses of all who are property owners of record within 30 days before the application and whose property is within 250 feet of the site; and ,..' 3, The required fee. .[(b)3 The necessary data or narrative shall sndicatL 1. The number of acres to be included into the proposed established or developing area; 2. The number of lots; 3. The units/acre within the area; 4. The general character of the area; and 5. The location and dimensions ofall existing streets. (Ord 83-52) -M Ordinance 89- -359 Chapter 18.140 TEMPORARY USES Sections: 18.140.010 Purpose 18.140.020 Administration and Approval Process [Approval Process: Seasonal Use/Unforeseen Event] 18.140.030 Expiration of. Approval — Renewal [Approval Process: Temporary Sales Office/Model Home] 18.140.040 Emergency Situations 18.140.050 Temporary Use: Seasonal or Special Event 18.140.060 Temporary Use: Unforeseen/Emergency Situations 18. 140.070 Standards for Approval of a Temporary Sale Office, [and] Model House, or Temporary Building 18. 140.000 Application Submission Requirements [The Application] 18.140.010 Purpose A.[(a)I The purpose of this chapter is to establish standards for the approval of three types of temporary use: 1. Use that is seasonal or directed toward a specific event; 2. Use which is occasioned by an unforeseen event; and 3. Sales offices and model homes in conjunction with the sale of homes. This chapter is not intended to be a way to circumvent the strict application of the use districts. Therefore, time limits are to be strictly enforced. This chapter is not intended to apply to garzge sales. This chapter does not apply to seasonal and special events conducted by and totally. for the benefit of a Tigard based organization ^ '9 h �e uses CviiniLtSu� : unnrrrrfit �! ;.bI& ; the initial development of residential, commercial, or industrial property (three or more dwelling units or lots). (ord. 84-69; -Ord. 83-52) 18.140.020 Administration and Approval Process A. The applicant for a temporary use proposal shall be the recorded ownRr of the property or an agent authorized in writing the owner. B. A are— at applicion conference with City staff is reaiuired. Seel! �. Section 18.32.040. C. Due to possible changes in State statutes, or regional or local policy inforetmation given by stiff to the applicant during _.the pre—implication conference is valir; gfor no yore than 6 months, and Ordinance 89- —360-� I Another re- lication conference is re uired if an -Site -" -n idhi lication is submitted 6 months after the re-a plication conference. 2. Failure of the Director to MUM an of the informs re aired b this Cha ter shall not constitute a waiver of the standard criteria or re uirements applic, to the applications. 1 a rove a rove with conditions or den an D. The Director shat pp____ a lication for a tem rar use as ravided b 16.32.090. The Directar shall a 1 the standards set forth in sections of this title when reviewi an a lication. ' ice ofuse E. The Director shall moo maothave theari htmtorre nest a hearirlo decision to_persons wh �__, 2.120. before the Commission in accordance witn ����a.,.. -- �a18A2.120.(Ord. 83--52) 116.140.020 A roval Process: Seasonal Use/Unforeseen Event] [(a) Except as provided in Chapter 18.140 for temporary sales offices and model homes, the Director may issue a temporary use permit subject to the following:] 1, Approval of the request shall be for a period not to exceed [ pp 60 days from the time of issuance;] (' [2. The Director shall make findings that all of the applicable approval criteria have beensatisfied or can be satisfied through conditions of approval; and] rovided by Section 18.32.120 and an appeal may [3. Notice shall be given takepnen as provided by Subsection . 18.32.310(A) .3 [(b) The r.,mmiQ4iaea may approve a temporary use permit subject to the following:] [1. Approval of the request sha11 "tee for a period not to exceed six months from the date of final approval;] s [ 2. The Commission makes findings that all of the applicable £ approval criteria have been satisfied or can be satisfied through conditions of approval;] '.a [3. Notice shall be given as provided by section 18.32.130 and a petition for review may be taken as provided by : Subsection 18.32.310(13); and] [4. The approval shall not be subject to renewal.] -361- Ordinance 89-„_.--- [(c) The Council may approve a temporary use permit subject to the following:] E. [1. Approval of the request shall be for a period not to exceed one year from the date of final approval;] [2. The Council makes findings that all of the applicable approval criteria have been satisfied or, can be satisfied through conditions of approval;] [3. Notice shall be given as provided by Section 18.32.130; and] [4. The approval may be subject to one renewal. (Ord. 83-52 Exhibit A (part), 1983.)] 18.140.030 Expiration of Approval - Renewal A. TOM orar_y Use approval by the Director shall be effective for a period of one year unless otherwise stipulated by the approval. B. The Temporary Use approval by the Director shall lase if: 1. Substantial construction of the approved plan or onset of the approved activity has not begun within the approval period; and 2. Construction or activity on the site is a departure from the approved pian. C. A temporary use approval may be renewed once. D. A permit for temporary sales offices and model horsesma+� be renewed on an annual basis in the same manner as if it were an original application as lona as 50 percent or less of the total number of dwelling units have been issued Occupancy permits. [18.140.030 A22roval process; Temporary Sales OfficedM4odel Nome] [The Director may approve a temporary use permit for a temporary ?ales office or model home subject to the following:] [1. Approval of the request shall be for a period not to exceed one year from the time of issuance;] [2. The Director shall make findings that all of the available approval criteria have been satisfied or can be satisfied through conditions of approval;] [3. Notice shall be given as provided by Section 18.32.120 and an appear may be taken as provided by Subsection 18.32.310(A); and] E , y, Ordinance 88 -362- [4, The permit may be renewed on an annuRl basis in the same manner as if it were an original application as long as 50 percent or less of the units have been issued occupancy permits. (Ord. 83-52 Exhibit A (part), 1383.)] 18.14 040 Emergency Situations A, The Director may waive any of the requirements in this chapter or request additional information in accordance with Section 18 32 080 for cases which involve destruction of an existing structure due to fire, natural causes, or other circumstances that are beyond the control of the applicant. An emergency_as allowed by this subsection shall not include failure by the applicant to submit a temporary use request as provided in this Chapter. (Ord. 83-52) [( ) An applicant may apply for both a 60-day permit and a six-month or one-year permit provided it is an emergency situation under the provisions of Section 18.14.0.060 and the applications are filed concurrently.) [(b) Both applications shall be reviewed in the manner prescribed by Section 18. 140.020. (Ord. 83-52)] 18.14 O50 Temporary Use: Seasonal orSpecialEvent p•[(a)] Definition: This type of temporary use is a use which by its nature will last less than one year. Examples of this type of use are uses associated with the sale of goods for a specific holiday, activity, or celebration, uses associated with construction or seasonal use. This type of use does not apply to businesses seeking a temporary or interim location. g,[(b)] Types of Use Permitted 1. Use associated with the celebration of a specific holiday such as the sale of Christmas trees and fireworks; 2. Use associated with the sale of fresh fruits, produce, and flowers; 3. Use associated with festivals or celebrations or special events; 4. Seasonal activities such as the sale of food at sports events or activities; 5. Use associated with construction such as the storage of e uipment duri,ng the construction of roans or developseent, but not a temporary sales office or model home as provided by Sections 18, 140.030 and3 18.140,070; and -363 Ordinance 89- - 6. Temporary fund raising and other civic activities Alt*WW-in commercial zoning districts. c.E(C)a Approval Criteria: 1. Approval or approval with conditions shall be based on findings that all of the following criteria are satisfied: a. The temporary use is limited in duration by the purposes for which the permit is sought such as parade stands, c*rcus, fairs or other exhibitions, sales of goods, wares, merchandise, produce or Christmas trees, and other similar temporary needs; b. There exists adequate and safe ingress and egress when combined with the other use of the property as by nc......�_er 1v 10.E Acce-a!3, and t_`haptsr required by t.,ri«�.+�ai .., , ..r__. 18. 102, Visual Clearance; C. There exists adequate parking for the customers of the temporary use as required by 18.106 Off—Street Parking. Exceptions to the parking space surface requirements may be granted as set forth in Section 18.106.050.1; d. The use will pose no hazard to pedestrians in the area of the use; and e. The use will not create adverse off—site impacts including noise, odors, vibrations, glare, or lights which will affect adjoining use, in a manner which other use allowed outright in the zone, would not affect adjoining uses. (Ord. 88-52) 10.140.060 .. T_ emporary Use: Unforeseen/Emeresenca� Situations Q•i(M)i n-finitjr%na: 1. This type of temporary use is a use which is needed because of an unforeseen event such as fire, windstorm or flood, unexpected health or economic hardship, or due to an eviction resulting from condemnation or other proceedings. 6.E(b)3 Types of Use Permitted: 1 A mobile home or other temporary structure for a residential purpose in a residential zone; ;F �w Ordinance £39-- —364— 2. A mobile home or other temporary structure for a business purpose in a commercial or industrial zone, and i. 3. Use of an existing dwelling or mobile or manufactured home during the construction period of a new residence on the same lot. Approval Criteria 1. Approval or approval with conditions shall be based on findings that one or more of the following criteria are satisfied: a. The need for use 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; b. The use of a mobile or manufactured home on a lot with an existing dwelling u_nits_s_ necessary to provide adequate and immediate health care for a relative who needs _close attention who would otherwise be required to receive needed attention from a hospital or care facility; c. [Q] The applicant has been evicted within 60 days of the date of the application from a preexisting occupancy of the premises for which the permit is sought .-As a result of condemnation proceedings by a public authority, or eviction by abatement of 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 continued use; gr S [C] There has been a lose of leasehold occupancy rights by the applicant due to unforeseeable circumstances or other hardship beyond the foresight and control of the applicant; y 3. In addition to the criteria listed in Section 18.140.060.C.1, all of the following must be satisfied: a. [D] There exists adequate and safe ingress and egress when combined with the other uses of the property, as required by Chapter 16.108, Access, and Chapter 18.102, Vision Clearance; Ordinance 89- .36g 7M b. [C] There exists adequate parking for the customers of the temporary use as required by Chapter 18.106, Off—Street Parking; [Exceptions to the parking space surface requirements may be granted as set forth in Subsection 18. 106.050.1 of this code;] [f] The use will not result in congestion on adequate streets; d. [G] The use will pose no hazard to pedestrians in the area of the use; e. [N] The use will not create adverse off—site impacts including noise, odors, vibrations, glare or lights which will affect adjoining use, in a manner which other use allowed outright in the zone, would not affect adjoining use; and f. The use can be ado uately seri+ed by sewer or septic ",Qe-2m and water, if applicable,_ (Ord. 83-52) 18 1 X0.070 Standards ForHpproval of a Temporary Sales Office [andl Model Nouse or Temparary Building 6k. q•[(a)] Temporary Sales Officer 1. The Director may approve or approve with conditions the use of any real property within the city as a temporary sales �. office or offices for the purpose of facilitating the sale of real property in any subdivision or tract of land within this City, but for no other purpose, provided the following criteria are satisfied: a. The temporary sales office shall be located within the boundaries of the subdivision or tract of land in whish the real property is to be sold; and b. The property to be used for a temporary sales office �. shall not be permanently improved for that purpose. Model Nouse: 1. TNe Director may approve or approve with conditions the use of any real property within the City as a "model house" to be used in connection with the sale of real property in any subdivision or tract of land within the City provided the following criteria are satisfied: a. The model house shall be looted within the boundaries of the subdivision or tract of land where the real wry. property to be sold is situated; and —366— Ordinance 89 IF-7 b. The property to be used for a model house shall be a permanently designed dwelling structure. C. Temporary euilding? 1. The Director_ may approve or approve with conditions a teamoorar v trailrr or Prefabricated building for Use on any real commercial or industrial property within the City as a tempgrary commercial or industrial office or space associated with the primary use on the property, but For no other purpose, providing the following criteria are satisfied: a. The temporary trailer shall be located within the boundaries of the parcel of land on which it is located; b. The property to be used for a temporary trailer shall already be developed; m There exists adequate and safe ingress and egress when . combined with the other uses of the property; as required by 18.108, Access, Egress, and Circulations and 18.102, Visual Clearance Areas; d. There exists adequate parking for the customers or users of the temporary use as required by 18.106, Off—Street Parking; e. The use will not result in congestion on adequate streets; f. The use will pose no hazard to pedestrians in the area of the use; cL._ The use will not create adverse off—site impacts including noise, odors, vibrations, glare or lights which will effect the adjoining uses in a manner which other _uses allowed outright in the zone would net affect the adioininq uses. h. The use can be adequately served by sewer or septic v ,x system and water, if applicable. (Ord. 83-52) 18.140.080 Application Submission Re uirements [The Application] Ua) The applicant for a temporary use shall be the recorded owner of the property or an agent authorized in writing by the owner.] ' [(b) A preapplication conference with City staff is required. (See 3 Section 18.32.040. )7 Ordinance 89- -367 [(c) Due to possible changes in state statutes, or regional or local policy, information given by staff to the applicant during the preapplication conference is valid for not more than six months:] [i. Another preapplication conference is required if any accessory use or structure application is submitted six months after the preapplication conference;] [2. Failure of the Director to provide any of the information required by this chapter shall not constitute a waiver of the standard, criteria or requirements of the application.] A. [(d)] The applicant shall submit: 1. [Twelve copies for applications to be reviewed by the Council or Commiesion and five copies for applications to be reviewed by the] Copies_ for the Directior torreview of site plan(s) Snumber determined at pre—apolication- conference), and of the necessary data or narrative which explains how the temporary use proposal conforms to the standards: a. The site plan(s) drawings shall preferably be drawn on sheets not exceeding 18 inches by 24 inches; b. The scale shall be an enainwerinascale [20 feet. 50 feet or 1.00 feet to the inch]; and C. All drawings of structure elevations shall be a standard architectural scale, being 1/4 inch or 1/6 inch; 2. A list of the names and addresses of all persons who are property owners of record itmi iately abutting [within 250 feet of] the site; 3. An Assessor's map; 4. one title transfer instrument_; and 5. [3.] The required fee. The proposed temporary use site plan shall include the following ' information fas noted on a pre=application checklist): i. The proposed site and its structures, driveways, aaarkine, and landscaoing areas,_ 2. The number and location of all Barking spaces to be used in coniunction with the tempoCaru use; i I 3. Location of ane booth, stand, trailer- or vehicles; Ord,Fcai.:.2 tst? —368— 4. Location of any temporary signs and 5, Proposed rout6 date a,,o time of an rade or other such event involving the use of the public right—of—way. ri . Y'hn r.�--- =-- aIlu surrounding properties,] [2. The location, dimensions and names of all:] [a. Existing streets; and] [b. Proposed streets;] [3. The location and dimensions of, if applicable:] [a. Entrances and exits on the site;] [b. Parking and circulation areas;] [c. Loading and services areas;] [d. Pedestrian and bicycle circulation;] (4, The location and type of outdoor lighting; and] [5. The location of all structures and their orientation.] �• The applicant shall submit a statement which shall contain the followsn information and documentation as noted on a pre—application checklist) 1_ Letter of acknok++led ement from the affected re art owners) of record on which the temporary use is to occur• 6• Name of persons) or oraanfzation sc�onsorina thea event: �X 3. Brief descri tion of the purpose of the temporary us® 4. Dates of operation sot�up and clean—,--- 5. Hours.of oporation- 6. Estimated number of cars er da 7. Mame maili address aa�t! hone number of a contact arson 6. Blames addresses. and hone nur�bsrg of an vendoe•s 9. Proof of, insurance. if r(iauirorf 10. Proof of Oity business tax certificate and 1 _Any other information squired bar the Director to evaluate the proposal (Ord. 86-23; Ord. —52) ' Ordinance 89--- - '<= -359— �.x Chipter 18.142 (" HOME OCCUPATIONS Sections: — - 18. 142.010 Purpose 'E`` 18.142.020 Exemptions 18. 142.030 Administration and Approval Process 18. 142.032 Nonconforming Uses [Home Occupations] 18.142.035 Permit Renewal: Applicability 18.142.040 Expiration of Approval: Extension of Time Revocation 18.142.050 Approval Criteria 18.142.055 Additional Requirements for a Home Occupation 18.142.060 Approval and Compliance for a Business 'Fax Certificate 18. 142.070 Time Limit and Revocation 18.142.080 Application Submission Requirements 18.i"2.010 Purpose It is 'the purpose of this chapter to regulate home occupations in residential, commercial, and industrial zones in a manner that will ensure that the use is: 1. A secondary, lawful use to the primary residential use of the premises upon which they are found; and 2. Not disruptive of the residential area. The purpose of this chapter is also to: 1. Permit residents of the community a choice in the use of their homes as a place of livelihood and the production or supplementing of personal income and family income; and 2. Establish criteria and development standards for home occupations conducted in dwelling units and accessory structures in residential, commercial and industrial zones. The standards contained in this chapter are intended to ensure [assure] that home occupations will be compatible and consistent with the residential uses and will not have a detrimental effect on neighboring properties and the neighboring residents. 0.[(d)] The standards contained in this chapter are intended to promote the efficient use of public services and facilities by ensurir [assuring] these services are provided to the residential t which th^y 'w-cre planned and constructed rather population.lCX L�►vii �Vo than for commercial or industrial uae. �2 Ordinance 88-- -370- No person shall carry or, a home occupation, or permit such use to occur on property which that person owns or is in lawful control of, contrary to the provisions of this chapter or [and] without first obtaining or ensuring that there has been obtained a permit for such use in the manner provided by this chapter where a permit is required. F.[(f) It is not the intent of this chapter to regulate hobbies. A hame ucqupS4iani Is "a be geared ultimately towards financial gain. (Ord, 67-20; Ord. 64--73; Ord 43-52) 18.142.020 Exemptions A. Exemptions from the provisions of this chapter are: 1. Garage sales; 2. Bale of produce or other food products grown on the premises; 3. Not-for-profit hobbies; 4, Babysitters as defined in Subsection 18.42.020.A. 11 of this title; and 5. Proven nonconforming use (see Section 18.142.032 below). (Ord. 87-20; Ord. 83-52) 18.142.03G Administration and Approval Process f; A.[(a)] The applicant of a home occupation proposal shall be the occupant of the property. A.[(b)] For a single home occupation carried on at two or more Tigard residences, one joint business tax application shall be required but each business partner must apply for a separate home occupation permit. A prcapplication conference with City staff is required in accordance with Section 18.32.040. p•[(d)7 Due to possible changes in State statutes, or regional or local policy, information given by staff to the applicant during the preappiication conference is valid for not more than six months: 1. Another ,oreapplication conference is required if any variance application is submitted sir, months after the preapplication; and u 9 2. Failure of the Director to provide any of the information $� required by this chapter shall not constitute a waiver of the standard, criteria or requirements of the application, Ordinance 89- -371- The Director shall approve, approve with conditions or deny any application for a home occupation. The Director shall apply the standards set fur iii in Section iO.i42.050 when reviewing an application for a home occupation. F.[(f)] Notice of the Director's decision shall be given as provided by Section 18.32. !20. The decision of the approval authority may be appealed in accordance with Subsection 18.32.310.A. (Ord. 87-20; Ord. 83-52) [(g) Violation of the provisions of this chapter constitutes a Class I civil infraction and shall be enforced as provided in Section 5.04.180 of the Tigard Municipal Code.] 18.142,032 Nonconforming Uses Nome Occupations] A. Certain types of use may be granted nonconforming status by the City: 1. Home occupations under County authority prior to annexation to the City which have been in continuous operation, and which have been, or would have been found to meet the County's requirements; and 2. Home occupations under City authority which have been in continuous operation and which began operation prior to 1983. 8. The burden of proving a nonconforming status which preserves nonconforming rights, rests with the property owner- or tenant. Such a status is further governed by the regulations contained in Chapter 18.132. Such use may continue until the use is expanded or altered so as to increase the level of noncompliance with the present City title [code]. (Ord. 87-20) 18.142.035 wermit Renewal: Applicability Home occupation permits issued under the provisions of this title [code] shall expire after one year and an application for renewal of the permit shall be filed with the City prior to the expiration date to continue lawful operation of the home occupation business. The permit renewal application shall be approved or denied in accordance with the provisions set forth in Section 18.142.040. Rome occupation permits which received City approval prior to November, 1983 but may be nonconforming as defined in Chapter 18.132 or Section 18.142.032 shall be renewed annually. The permit renewal application shall be approved or decd ed in accordance with the provisions set forth in Section 18.142.040, L Ordinance 89- -372•- C.[(c)] Home occupation businesses which existed without a valid home occupation permit prior to November, 1983 shall apply for a home occupation permit under the provisions of this chapter or prove nonconforming status as per Section [Chapter] 18.142.032. The original permit shall be valid for one one year and shall be renewed annually prior to the expiration date under the provisions of Section 18.142.040. (Ord. 87-20; Ord. 83-32) 18.142.040 Expiration of Approval: Extension of Time Revocation A. [(a)] Approval of a home occupation by the Dirncter shall be effective for a one-year period. The Director shall renew the permit upon: 1. Application and payment of a fee by the applicant; and 2. Finding that: a. [A] All of the conditions of approval have been satisfied; b. [0] There has been no change in the original application approved by the Director; C. [C] There have been no changes in the facts or applicable policies on which the approval was based; d. [D] The applicable approval criteria in Section 18.142.050 are satisfied; and e. [E] The applicant certifies that he/she is complying with the conditions of approval and agrees to comply in the future. 9-.1(c)3 The Director shall give notice of the renewal as provided by Section 18.32.120 of this title only in the case where a real or alleged violation has been reported to the planning Division. The decision may be appealed as provi.ded by Subsection 18.32.310.A. d•[(d)] The Director may revoke a home occupation approval if the conditions are riot satisfied as provided by the original home occupation permit or the most recent renewal. Ej(e)] A home occupation permit shall become invalid: 1. Should the property on which the original home occupation permit was based be sold or legally transferred to a family member who is not a resident of the home; gr 2. If the applicant moves his residence. (Ord. 87-20; Ord. 83-52) Ordinance 89-- -373... 18.142.050 Approval Criteria A. Issuance of a home occupation► permit shall be allowed only for those home occupations which can successfully meet all of the following approval criteria, without exception: 1. The use shall be a lawful use which shall be carried on by the occupants of the dwellings; 2. The home occupation shall be operated: a. [A] Entirely within the dwelling unit and a conforming accessory structure. The use and storage of materials and products shall not occupy more than 25 percent of the combined residence and accessory structure gross fluor area. The total area used in the accessory building shall not exceed 500 square feet. Any accessory building that is used must meet Uniform Building Code requirements and be in conformance with Chapter 18.144 of this title [code]. Variances to the accessory use requirements may be applied for as per Chapter 18.134 [of this code]; and b. [a] More than one home occupation shall be allowed on any one property only if the combined floor space usage of both home occupations do not exceed 25 percent of the gross floor area of the dwelling as calculated in [subdivision (a) of] this subsection; 3 The home occupation shall be a secondary use to the primary use of the residence as a dwelling; r. In residential zoning districts, there shall be no exterior indication of the home occupation; no exterior signs shall be used; no other on—site advertising visible from the exterior shall be used which informs the public of the use except the address of the home occupation may be displayed; 5. Hone occupations in commercial and industrial zoning districts may be permitted to erect a freestanding sign with a total of eight square feet in area and six feet in height. Total signage for walls shall not exceed four square feet. Such signs require a City sign permit as stipulated in Section 18.114.020 of this title; b. There shall be no outdoor storage or display of materials, vehicles, or products on the premises. Indoor storage of materials or products shall not exceed the limitations imposed by the provisions of the building, fire, health, and housing codes. The applicant shall be required to obtain approval from the relevant fire district prior to storage of any flammable or hazardous materials on the property; i Ordinance 89— -374— 7. The use shall not include a telephone sales; ny retail sales other than 8. The use shall not involve direct sales or service from property necessitating customer traffic to the residence; the 9. The home occupation shall not produce any noise or Obnoxious odors, vibrations, glare, fumes, electrical interference, heat (detectable to normal sensory perception outside the structure), traffic or [and] discha of materials, gases, or fluids into the sanitary sewere and storm drainage systems which are either in excess of what is normally associated with residential use or which exceed the performance standards set forth in Chapter 18.90 [of this title]; 10. There shall be no other paid employees on the premises other than those who are peri-oanent residents of dwelling; the 11. The use shall not require any additional parking other than that which is required for the residence; and 12. There shall be no more than three deliveries per week to the residence by suppliers. (Ord. 87-20 Ord . 83-52) 18.142.055 Additional Re uirements for a Home Accu anon A. The director may impose conditions nrtdations on the approval of a home � Occupation permit which he finds are necessary to ensure [assure] the use is compatible with other use in the vicinity. These conditions may include, but are not limited to the following: 1. Limiting the hours days,Y place, and manner of Operation; 2. Requiring design features which minimize environmental odor, and dust; impacts such as noise, vibration, air pollution, glare, 3• Requiring additional setback areas, lot area or lot depth or width; 4• Limiting the area extent of the home occupation use and location on the site; 5• Designating the size, number, location, and design of vehicle access points; 6• Requiring street right--of-wa t times; Y ° be free of vehicles at all Ordinance 89- -375=- 7. Requiring landscaping, screening, drainage, and surfacing of parking and loading areas; 8. Limiting the extent and type of interior or exterior bt4i lding remodeling; 9. Limiting or setting standards for the location and intensity of outdoor lighting; 10. Requiring berming, screening, or landscaping and the establishment of standards for their installation and maintenance; 11. Requiring and designating the size, height, location, and materials for fences; 12. Requiring the protection and preservation of existing trees, soils, vegetation, watercourse, habitat areas, and drainage areas; 13. Limiting the type and number of vehicles or equipment to be parked or stored on the site; and 14. Any other limitations which the Director considers to be necessary or desirable to make the use comply with the purposes stated in Section 18.142.050. (Ord. 87-20) 18.142.060 Approval and Compliance for a Business Tax Certificate A. No business tax certificate will be issued for a home occupation until the home occupation application is approved and the applicant certifies that the home occupation will be operated in strict compliance with the provisions of this chapter and the conditions of approval. (Ord. 87-20; Ord. 83-52) 18.142.070 Time Limit and Revocation The Director may approve a home occupation application subject to a specific time period at the termination of which there. shall be a renewal application to determine if all of .the conditions and provisions of this chapter have been satisfied. The permit shall be renewed if all of the conditions have been satisfied. B.[(b)] The Director may revoke a home occupation approval if the conditions are not satisfied as provided by the original home occupation permit or the most recent renewal permit. Failure to pay the annual renewal fee shall result in the '. { assessment of an additional five dollar processing fee if paid within 30 days after the due date; or revocation of the home occupation permit if not paid within 30 days after the due date. (Ord. 87-20; Ord. 83-52 Ordinance 89- -376— 18.142.000 Application Submission Requirements A. An application shall be made on forms provided by the Director ( and shall be accompanied by: 1. One copy of the applicant's statement or narrative which explains how the proposal conforms to the standards in Section 18.142.050; 2. A list of names and addresses of all persons who are property owners of record immediately abutting [within 250 feet of) the site; 3. The required fee; 4. One plot plan of the property; 5. One floor plan of all structures on the property; 6. One title transfer instrument; 7. One assessor's map; 0. The application form; and 9. Property owner's signature(s) or written authorization. (Ord. 87-20; Ord. 86-23; Ord. 83-52) Ordinance 89 —377 Chapter 18.144 ACCESSORY STRUCTURES Sections: 18.144.010 Purpose 18.144.020 Definition 18.144.030 Applicability of Provisions' 18.144.040 Administration and Approval Process 18.144.050 Expiration of Approval: Standards for Extension of Time 18.144.060 Modification of Approved Plans 18.144.070 Approval Criteria 18.144.080 Application Submission Requirements 18.144.010 Purpose A. The purpose of this chapter is to: 1. Establish criteria for regulating the type, size and location of accessory structures in residential zoning districts; 2. 1 ?low the property to be more useful while not altering the residential character of the principal structures; and 3. Allow for accessory structures within commercial and industrial zoning districts. (Ord. 85-07) 18.144.020 Definition A. Accessory structure means 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 manner, 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, private greenhouses, gazebos, storage buildings, boathouses and docks, wind generating devices, swimming pool pumphouses, and radio and television recciving antenna to,-<:rs and dishes. (card. 85-08; Ord, 85-07) 18.144.080 Aeplicability of Provisions Review by the [planning] Director of accessory structures is required except; for the following situations. 1. Buildings or structures within residential zoning districts which are less than 120 square feet in gross floor area and 15 [less than 10] feet or less in height, measured from base to highest point of the structure; Ordinance 89- -_378® 2. Accessory buildings or ,structures attached to the principle building or structure Attached means wall—to—wall or any permanent roof attachment such as breezeways. Said i structures shall be considered as building additions and shall require building permits and compliance with the applicable setback standards for the principle building ar structure, 3. [2.] Accessory buildings within commercial and industrial zoning districts provided the setback requirements of the underlying zone are met. If the structure represents a major modification as provided in Section 18.120.070, [an expansion of the existing primary use by 50 percent or more,] it must be reviewed as a site development review as outlined in Chapter 18,120 of this title [code]; and 4. [3.] Fences anct walls within all zoning districts shall be consistent with Section 18.100.040 of this title [code]. A.[(b)] All of the provisions and regulations of the underlying zone apply unless modified by this chapter. (Ord. 85-07) 18.144.040 Administration and Approval Process 8.[(a)3 The applicant for an accessory structure proposal shall be the recorded owner of the property or an agent authorized in writing by the owner. j(b)] A preapplication conference with City staff is required. (See Section 18.32.040.) Due to possible changes in state statutes, or regional or local policy, information given by staff to the applicant during the preapplication conference is valid for no more than six months: 1. Another preapplicarion conference is required if any accessory structure application is submitted six months after the preanplication conference; anal 2. Failure of the Director to provide any of the .information required by this chapter shall not constitute 'a waiver^ of the standards, criteria or requirements of the applications. 2.[(d)] The Director shall approve, approve with conditions or deny any application for an accessory structure. The Director shall apply the standards set forth in Section 18.144.070 of this title [code] when reviewing an application. [(e) The decision of the Director may be appealed in accordance with Subsection 18.32.310(A):3 " Ordinance 09- —379 1 [1. .The applicant may request a h.arxng before the Commission if the action of the Director is t<, deny or to approve with conditions; and] [2, Any person or group of persons whose interests are adversely affected by this action may appeal the decision E to the Commission if the action of the Director's decision is to approve or approve with conditions the application.] [(f) The Director shall mail notice of any accessory structure decision as provided by Section 18,32.120. (Ord. 85-07)] 10. 144,Q5Q Expiration of Approval• Standards for Extension of Time A• Accessory approval by the Director shall be effective for a period of tt2=2MEs from the date of approval The accessory structure -=aHpproval by the Director shall lapse if: I . Substantial construction of the approved accessory structure plan has not begun within a two [one]—year period; or 2. Construction on the site is a departure from the approved plan. a, (b)] The Director shall, upon written request by the applicant and payment of the required fee, grant an extension of the approval period not to exceed 12 [six] months, provided that: 1. No changes are made on the original accessory structure plan as approved by the Director; 2. The applicant can show intent of initiating construction of the site within the 12 [six]—month extension period; and 3. There have been no changes in i_hn f--f-- ann7irahin Policies and ordinance provisions on which the a pr ----oval ppr based. (Ord. 85-07) oval wass 18.144.060 Modification of A roved Plans g•[(a)] An applicant may request approval of a modification to an approved plan by: I. Providing the Director with two copies of the proposed modified accessory structure plans and 2. A narrative which indicates the rationale for the proposed i modification addressing the changes listed in subsection B below. Ordinance 89— '.��"' —380— C(b)] The Director shall grant the modification provided that the [fallowing criteria are met:] structure design and location conforms wiz, It.e re uirentQryi, y, 7 7 , [1. The floor area of the accessory building has not been increased by more than ten percent;] [2. The structure design and locrtion conforms with the � requirements of this chapter. ] 18.144.070 Approval Criteria A. Dimensional Ap royal Criteria 1 The following dimensions shall a 1 structures: to all accessor a• F'or__parcels within a residential zone that are less than 2.5 acres in size an accessor buildi within a residential zone shall have no more than 528 s feet of ares- floow area• uare b• For pareels within a residential zone that are 2.5 acres in size or la er an accessor buildi shall have no more than 1 00U s uare feet of roes floor are--a ant! �• In no case shall the access orilir bild ui s and principal structuwe exceed the zone maximum lot coverage allowed b the base ?. Exce t as rovided in Section 18,144.070.A,3 accessor structures in residential zones shall maintain rear and side and setback of 5 feet. Accessor structures within commercial and industriali h 11 the setback re uirements of the as licableszone! com 1 with . All freestandi �- and detached towers antennas wind 9.enerati devices and TV receivi dishes shall have _1 tiW U0«cssa Mal to or reater than the hei ht of the wb osed structure. Suitable rotective anti-climb fenci arsd a landsca a lanti screen in accordance with Cha ter 18.100 LarAsca i and Screeni shall be rovided maintained around these structures and and and accessor t. Ordinance 89- -381- fi 4. See Chapter 18.98, Building Height Limitations Exceptions, for exceptions. e�w�eA61y t7� L�IMEQ�j- ' � moo---- - Maximum Maximum Maximum Building Size Buil_dilna height Side/Rear Setbacks Lot Size 528 sg ft 15 feet 5 feet t 2.5 acres Lot Size 1000 sa ft 18 feet See applicable base > 2.5 acres zone standards B. Non—dimensional Approval Criteria 1. [(a)] Accessory structures or buildings shall comply with all requirements for the principal structure, except where specifically modified by this chapter; 2. [(b)] If an application proposed for an accessory structure meets the following criteria, the Director shall approve the application proposal: [1. For parcels within a residential zone that are less than 2-1/2 acres in size, any accessory building within a residential zone shall have no more than 500 square feet of f gross floor area;] [2. For parcels within a residential zone that are 2--1/2 acres in size or larcjer, any accessory building shall have no more than 1,000 square feet of gross floor area;] [3. In no case shall the accessory building(s) and principal structure exceed the maximum lot coverage allowed by the base zone;] �. [4.] No accessory building or structure shall be allowed in any required front yard; [5. Except as provided in Subsection 18.144.070.8.6, accessory structures in residential zones shall maintain a rear and side yard setback of five feet. Accessory structures within commercial and industrial zones shall comply with the setback requirements of the applicable zone;] Ordinance 99 •-382 [6. All freestanding and detached towers, antennas, wind generating devices and TV receiving dishes shall have setbacks equal to or greater than the height of the proposed struct(ern c .t•.► ,_ , . upr r'V{,UCswoon"LIUQ an4_�—�i i...b t ao.0 « landscape planting screen in accordance with Chapter 18.100, Landscaping and Screening, shall be provided and maintained around these structures and acce=ssory attachments;] �. [7.] The applicant shall present documentation of the possession of any required license by any federal, state or local agency; Any accessory building or structure attached to the principal building or structure must comply with all setbacks of the zoning district (attached means wall—to--wall or any permanent roof attachment such as breezeways); d [9•] No accessory building or structure shall encroach upon or interfere with the use of any adjoining property or public right—of—way including but not limited to streets, alleys and public or private easements; [10. An accessory structure shall not exceed an average height of ten feet, but at no point shall exceed 12 feet in height (as defined in Section 18.26.030), except a TV receiving dish which may not exceed 12 feet in height (see Chapter 18.98, Building Height Limitations: ExceptionsN;] TV receiving dishes may be erected upon she roof of a structure only within a commercial or industrial zone; and f• [12.] All accessory structures shall be built in a=cordance with the Uniform Building Code; 3• [(b)] Accessory structures which are4^.`JnCv^nv� ma��y forming ars: SLAUJ t0 the requirementsof Chapter 18.132, Nonconforming Situations, where an alteration, extension or reconstruction is requested• �L [(c)] In instances where an alteration, extension or reconstruction is requested, the applicant shall apply for an accessory structure RLrmit in accordance with Section 18.149.440: and • [(d)] A conflict of interpretation concerning whether a structure is an accessory structure shall be resolved in accordance with the provisions of Section 18.32.090. (Ord. 85-07) 5� Ordinainco 89— --383— 18.144.080 Application Submission Requirements �® �•L\'n^IJ ='-� 'a^Pi"'�'��^'-i=%f:a an^:i imp morias �_n mc Prnuice l by Vie Virector ano shall be accompanied by: (inti_ =°,i? LID {oulie 1. Three copie� for review by the I(Direc or cr^ site plan(s) and necessary data or narrative! which explains how the accessory structure proposal conforms to the standards: a. [A] Sheet size for an accessory structure site plan(s) and required drawings shall be drawn on sheets preferably not exceeding 18 inches by 24 inches; b. [B] The scale of the site plan shall be an eMineerirx� scale [20 feet, 50 feet, 100 feet or 200 feet to the inch]; and c. [C] All drawings of structure elevations shall be at standard architectural scale, being 1/4 inch or 1/8 inch; [2. A list of the names and addresses of all who are property owners of record within 250 feet of the site;] 2. [3.] One copy of a current assessor's map; and 3. [4.] The required fee. Q.[(b)] The proposed accessory structure site plan shall include the ( following information: 1. The location of all existing and proposed structures on the site and directly abutting the site, and their orientation; 1 2. The location of existing and proposed utility lines and easements; 3. The location of any streets abutting the site; 4. The location of any accessway to the proposed structure; 5. The size (square footage) of the a..cessory structure; aaod 6 A copy of all existing and proposed restrictions or covenants. The proposed accessory structure architectural plans shall include the following information: 1. At least two elevations of any proposed structure; and 2. If a building permit is required, all structural drawings and data required by the Uniform Building Code. (Ord. 86-23 Ord. 85-07) Ordinance 89- —384— a^, V11tV1 10 .1AC '14 FLEXIBLE SETBACK STANDARDS [FOR DEVELOPED LOTS] Sections: 18.146.010 Purpose 18,146.020 Applicability 18.146.030 Administration and Approval Process 18.146.040 Expiration of Approval: Standards for Extension of Time 18.146,050 Approval Criteria 18.146.060 Application Submission Requirements 18.146.070 The Site Plan 18.146.010 Purpose A. The purpose of this chapter is to provide for the reduction of the yard setback areas where a reduction is necessary to enlarge an existing structure. (Ord. 86-08; Ord. 83-52) 18.146.020 Applicability A. The provisions of this chapter shall apply to (existing] buildings] setback requirements in all zoning districts. (Ord. 86-08; Ord. 83-52) 18.146.030 Administraticn and Approval Process The applicant for flexible setbacks shall be the recorded owner of the property or an agent authorized in writing by the owner. B j(b)] A preapplication conference with City staff is required. (See Section 18.;2.040.) I.[(c)] Due to possible changes in state statutes, or regional or local policy, informa'ion given by staff to the applicant during the preapplication conference is valid for not more than six months: 1. Another preapplication conference is required if any flexible setback application is submitted sir, months after the preapplication conference; and 2. Failure of the Director to provide any of the information required by this chapter shall not constitute a waiver of the standard, criteria, or requirements of the application. 2.[(d)] The Director shall approve, approve with conditions or deny any application for a flexible setback. The Director shall apply the standards set forth in Section 18.146.050 when reviewing an application for a variance Ordinance 89- -385- t.[(ejj The decision of the Director may be appealed in accordance with Section 18.32.310.A: 1. The applicant may request a hearing before 'the Cortuilission if the action of the Director is to deny or to approve with conditions; and 2. Any person or group of nerwns whose interests are adversely affected by this action may appeal the decision to the Commission if the action of the Director's decision is to approve or approve with conditions the application. EJ(f)] The Director shall mail notice of any flexible setback decision to persons who may have the right to request a hearing before the Commission in accordance with Section 18.32.120. (Ord. 83-52) 18. 146,040 Expiration of Approval: Standards for Extension of Time R. [(a)I Approval of a flexible setback shall be void after -sTonea years unless: &..tnc' 1. Substantial construction of the approved plan has begun et within a two(-ane-1—year period; or 2. Construction on the site is a departure from the approved plan. The Director shall, upon written request by the applicant and payment of the required fee, grant an extension of the approval period not to exceed 12 [six] months provided that: 1. No changes are made on the original flexible setback plan as approved by the Director; 2. The applicant can show intent of initiating construction of the site within the 12 [six]—month extension period; and 3. There have been no changes in the applicable policies and ordinance provisions on which the approval was based. (Ord. 83-52) 18.146.050 Approval Criteria A. The front, rear, side, and corner side yard through lot setback requirements in the applicable zone may be reduced up to 20 percent provided the following standards are satisfied: 1. The reduction of the setback area established by the applicable zoning district spall be necessary to allow for the enlargement or remodelinc; of an existing building; f Ordinance 83— -386— 2. The garage setback to the front property line satisfies the requirements of the applicable zoning district; 3. The standards of Chapter 18.102, Visual Clearance, shall be satisfied; 4. The resulting lot coverage shall not exceed the maximum lot coverage of the base zone; 5. The proposed building- or addition shall not encroach upon any existing easements; 6. When the proposed building or addition is within the rear yard, the setback adjacent to the rear property line shall be landscaped with sight obscuring plantings in accordance with the standards set forth in Section 18.100.080, Landscaping and Screening; and 7:- Setback, buffering and screening requirements that apply when commercial and industrial zones abut a residential zone shall be satisfied. (Ord. 86-08) 18.146.060 Application Submission Requirements fL[(a)] All applications shall be made on forms provided by the Director and shall be accompanied by: 1. Three copies of the flexible setback plan(s) and necessary data or narrative which explains how the development conforms to the standards: A. [A] The site plan(s) drawings shall be drawn on sheets referably not exceeding 18 inches by 24 inches; b. [B] The scale shall be an engineering scam [20 feet, 50 100 feet or 200 feet to the inch]; arse S. [C] All drawings of structure elevations shall be a standard architectural scale, being 1j4 inch or 1.18 inch; 2. A list of the names and addresses of all persons who are property owners of record immediately abutting [within 250 feet of] the site; and 3. The required fee, k .[(b)] An application for a flexible setback may be made at the time application is made for a building permit approval. I. An application made as part of the building permit process shall not require additional plans or site drawings; And Ordinance 89 —387— 2. An application not made as part of the building permit process shall include: [A] A site plan in accordance with Section 10.146.070; and b. (0] A copy of all existing and proposed restrictions or covenants. (Ord.. 86-23; Ord. 83-52) 18.146.070 The Site Plan A. The proposed flexible setback plan shall include the following information: 1. The proposed site and surrounding properties; 2. The location, dimensions, and names of all existing streets; 3. The location and dimensions of above ground utilities; and 4. The location, dimensions, and setback distances of all: a. [A] Existing structures, improvements and utilities which are located within 25 feet of the sites and are on t adjoining property; and b. [8] Proposed structures, improvements, landscaping and utilities on the site. (Ord. 83-52) 3 Ordinanco 89 --388— r:. r y� ....._.,. Chapter 18.148 / ZERO LOT L.Ii3E Sc T DAC- STANDARDS Sections: 18.148.010 Purpose 18.148.020 Applicability and Limitations 18.148.030 Approval Criteria and Conditions 18.148.040 Application Submission Requirements 18.148.010 Purpose A. The purpose of this chapter is to allow for the- maximum use of land and to allow for a varied building layout pattern while ensuring [assuring] there will be adequate open space, light and air, and adequate distance between buildings for safety purposes. (Ord. 83-52) 18.148.020 Applicability and Limitations A.[(a)] The provisions of this chapter apply to the R-4.5 and R-7 zoning districts and are limited to single-family detached dwelling units. 8 [(b)] The provisions of this chapter shall be applied in conjunction with: 1. An application for planned development approval under the provisions of Chapter 18.80, Planned Development; 2. An application for subdivision approval. under the provisions of Chapter 18.160, Subdivision; or 3. An application for partitioning approval under the provisions or Chapter 18.162, Land Division. (Ord. 84-29; Ord. 83-52) 18.148.030 Approval Criteria and Conditions A. [(a)] The approval authority shall approve, approve with conditions or deny an application for a zero lot line development based on findings that: 1. There shall be a 10 feet separation between each residential dwelling structure dr garage; 2. No residential dwelling shall bA placed on a lot line which is common to a lot line which- is not a part of the overall development; Ordinance 89- -389-- 3. No structure shall be placed on a lot line which is common to a public or private road right—of—way or easement line; and h. A five foot nonexclusive maintenance easement Rhall be delineated on the plan for each lot having a zero setback area: a. [A] The easement shall be on the adjacent lot and shall describe the maintenance requirements for the zero lot line wall, or deed restrictions must be submitted with the preliminary plat which addresses the maintenance requirements for the zero setback wall of the detached dwellings; and b. [B] The easement shall be recorded with Washington County and submitted to the City with the recorded final plat prior to the issuance of any building permits within the development. tj(b)] The approval authority requires the following conditions to be satisfied: 1. Deed restrictions shall be recorded with Washington County which ensure [assure) that: a. [A] The 10 feet separation between the residential structures shall remain in perpetuity; and f b. [Q] The 10 feet separation between the residential structures shall be maintained free from any obstructions other than: (i) The eaves of the structure; (ii) A chimney which may encroach into the setback area by not more than two feet; (iii) A swimming pool; (iv) Normal landscaping; or (v) A garden wall or fence equipped with a gate for emergency access and maintenance purposes; 2. Easements shall be granted where any portion of the structure or architectural feature projects over a property line; and 3. The maximum lot coverage for zero-lot lane shall not exceed the maximum lot coverage for the base zone. (Ord. 83-52) Ordinance 89- --394 19.148.040 Application Submission Racuirements ML •A. All applications shall be made on forms provided by the Director in accordance with Chapter 18,80, Planned Development, or Chapter 18,160, Land Division: Subdivision, and shall be accompanied by: 1. 1 copies of the plat plan indicating building and easement location and dimensions, and necessary data or narrative which explains how the development conforms to the standards; 1 2. A list of names and addresses of all property owners of record immediately abutting [within 250 feet of] the site; 3. The required fee; and 4. All other, requirements of Chapters 18.80 and 18.1 shall apply. (Ord. 86-23; Ord. 83-52) � � vlitvn � -341- Ordinance 89-- -- Chapter 18.150 TREE REMOVAL ti SaC va. vi,�a 18.150.010 Purpose 18.150.020 Permit Required/Applicability 18.150,030 CriLzria for Issuance of Permits 18.150.035 Expiration of Approval — Extension of Time — Revocation 18.150.040 Emergencies: Authority 18.150.050 Application Submission Requirements 18.150.010 Purpose The City of Tigard is now benefitted by large numbers of trees, both natural growth and those which have been planted throughout the years by Tigard's residents. These varied wooded trees add to the aesthetic beauty of the community, help clean the air, and provide noise barriers. j(b)] The purpose of this chapter is to prohibit the unnecessary removal of trees on undeveloped lots in the City prior to the development of those lots. At the time of development it may be necessary to remove certain trees to accommodate structures, streets, utilities, and other needed or required improvements within the development. (Ord. 83-52) 18.150.020 Permit Required/Applicability .[(a)] This provision shall apply to all undeveloped land, and developed commercial and industrial land. H.[(b)] This provision excludes: 1. Developed residential property; and 2. Property registered with Washington County Small Woodlands Association and certified as a West Coast Tree Farm by the Industrial Forestry Association, and used for commercial log harvesting or Christmas trees. No person shall Gut a tree(s) upon private or public property without first obtaining a permit from the City, except as in Subsection B. R.[(d)] For the purpose of this chapter, tree removal shall not include tree topping and pruning under power and utility lines, or pruning of trees located with visual clearance areas as defined in Chapter 18.102, Ordinance 09 -392 ror the purpose of this chapter, tree removal permits shall be required for all trees having a trunk six inches or more in diameter, four feet above the ground level. (Ord. 84-29; Ord. E` 83-52) 19,150.030 Criteria for Issuance of Permits A. The following criteria shall be used by the Director or designee for the issuance or nonissuance of a tree cutting permit. To issue a permit, the following criteria must be satisfied: 1. The trees are diseased and there is a danger the trees may fall on existing or proposed structures or interfere with utility services or traffic safety; 2. There is a necessity to remove certain trees in order to construct proposed improvements or to otherwise utilize the applicant's property in a reasonable manner; 3. There is not a need to retain the tree(s) due to the topography of the land because there will be no effect from the tree removal on erosion, soil retention; stability of earth, flow of surface waters; 4. There is not a need to retain the tree(s) to protect nearby trees as windbreaks, and as a desirable balance between shade and open space; t: 5. The aesthetic character in the area will not be visually adversely affected by the tree removal: and 6. The applicant's proposals, if any, to plant new trees or vegetation as a substitute for the trees) to be cut, will restore the aesthetic value of the removed trees. (Ord. 83-52) 18.150.035 Ex iration of Aparoval — Extension of Time — Revocation A. Aooroval of a Tree Removal Permit by the Director shall be effective for a two year period. 8. The Director shall renew the permit for a maximum period up to one year ug2n findi that: 1. All of the conditions of approval have been satisfied; 2 There has been no change in the original aic-tion a2proved by the Director; 3. There have been no chanSI in the facts or applicable Policies on whish the approval was based; Ordinance 89- -393- 4. The applicable approval criteria in 18 150.030 are satisfied,- 5. The applicant certifies that he/she is complying with the conditions o4' approval and agrees to compid in the future. C. The Director may revoke a Tree Removal Permit if the conditions are not satisfied as rewired by the original permit. 18.150.040 Emergencies: Authority A. In the event of emergency conditions requiring the immediate cutting or removal of trees in order to avoid danger or hazard to persons or property, an emergency permit will be issued, without fee, by the Director [or designee]. During nonbusiness hours, emergency permits shall be issued by an on—duty officer in the police department. (Ord. 83-52) 10.150.050 Application Submission Requirements All applications shall be made on forms provided by the Director and shall be accompanied by: 1. Two copies [One copy] of the necessary data or narrative; and 2. The required fee. B. [(b)] The necessary data or narrative shall include: 1. The specific location of the property by address and assessor map number and tax lot; 2. The number, size, species, and location of the trees to be cut; 3. The time and method of cutting or removal and the reason for the tree removal; 4. Information concerning any proposed landscaping or planting of new trees to replace the cut trees; and 5. A narrative as to how the criteria in Subsection 38.15O.O3O.A are satisfied. 1 [(c)3 The Director may waive any of the requirements in Subsection S above or request additional information in accordance with Section 18.32.000. (Ord. 83-52) Ordinance 88 -394— Chapter 18.160 LAND DIVISION: SUBDIVISION { Sections: 18.160.010 Purpose 18.160.020 General Provisions 18.160.030 Administration and Approval Process 18.160.040 Expiration of Approval: Standards for Extension of Time 18.160.050 Phased Development 18.160.060 Approval Standards: Preliminary Plat 18.160.070 Application Submission Requirements: Preliminary Plat 18.160.080 Additional Information Required and Waiver of Requirements 18.160.090 Variances Authorized 18.160.100 Referrals 18.160.110 Appeal 18.160.120 Criteria for Granting a Variance 18.160.130 Variance Application 18.160,140 Appli--ation Submission Requirements: Finan Plat 18,160.150 City Review of Final Plat: Approval Criteria 18.160.160 Centerline Monumentation: [Basis of Bearing] Monument Box Requirements [arid Acceptance of Improvements] 18.160.170 Improvement Agreement 18.160.180 Bond: Cash Deposit 18.160.190 Filing and Recording 18.160.200 Prerequisites to Recording the Plat 18,160.210 Vacation of Plats 18.160.220 Vacation of Streets 18.160.010 Purpese A. The purpose of this chapter is: 1. To implement the comprehensive plan; 2. To provide rules, regulations, and standards governing the approval of plats of subdivisions; 3. To carry out the development pattern and plan of the City; 4. To promote the public health, safety, and general welfare; 5. To lessen congestion in the streets, and secure safety from fire, flood, pollution, and other dangers; ' 6. To provide adequate light and air, prevent overcrowding of 4 land, and facilitate adequate provision for transportation, water supply, sewage, and drainage; and 7. To encourage the conservation of energy resources. (Ord. 83-52) r r` Ordinance 89— --395-- 18.160.020w General Provisions An application for a subdivision shall be processed through a }� two—step process: the preliminary plat and the final plat: 1. The preliminary plat shall be approved by the Commission before the final plat can be submitted for approval consideration; and 2. The final plat shall reflect all conditions of approval of the preliminary plat. D.[(b)] All subdivision proposals shall be in conformity with all state regulations set forth in ORS Chapter 92, Subdivisions and Partitions. When subdividing tracts into large lots, the Commission shall require that the lots be of such size and shape as to facilitate future redivision in accordance with the requirements of the zoning district and this title [code). D.-E(d)3 Temporary sales offices in conjunction with any subdivision may be granted as set forth in Chapter 18.140, All subdivision proposals shall be consistent with the need to minimize flood damage. D.[(f)] Where landfill and/or development is allowed within and adjacent to the 100—year floodplain outside the zero-foot rise floodway, the City shall require the dedication of sufficient open land area for a greenway adjoining and within the floodplain. This area shall include portions at a suitable elevation for the construction of a pedestrian/bicycle pathway within the floodplain in accordance with the adopted pedestrian bicycle pathway plan. D.[(g)] All subdivision proposals shall have public utilities and facilities such as sewer, gas, electrical, and water systems located and constructed to minimize flood damage. Fl.[(h)] All subdivision proposals shall have adequate drainage provided to reduce exposure to flood damage; and Z•[(i)] Where base flood elevation has not been provided or is not available form another authoritative source, it shall be generated SO-Or subdivision proposals and other proposed developments which contain at least 50 lots or five acres (whichever is less). (Ord. 83-66; Ord. 87--20; Ord. 83-52) Ordinance 89— —396— 18.160.030 Administration and Approval Process A.[(a)] The applicant of a preliminary plat proposal shall be the recorded owner of the property or an a,ent authorized in welting by the owner. L 8.[(b)] A preapplication conference with City ' staff is required. Howlever, failure of the Director, to provide any of the information required by this section shall not constitute a waiver of the standard, criteria, or requirements of the applications. 9.[(c)] Another preapplication conference is required if any preliminary plat application is submitted more than six monthvafter the initial preapplication conference. Upon receipt of an application, the Director shall review it for compliance with the requirements set forth in Section 18. 160.060, Approval Standards; and 1. If a land division application is incomplete, the Director shall notify the applicant in writing of the exact information which is missing within 30 days of receipt of the application; 2. The applicant shall be allowed to submit the missing information and upon submission of the missing information, the application shall be deemed complete; and ( 3. The applicant may refuse to submit the missing information ti in which case the application shall be deemed complete on the 31st day after the initial submittal of the appltca*ion. E.[(e)] Final action, including the resolution of all appeals and review on the land division application, shall be taken within 120 days after the application is deemed complete, and the Director shall: 1. Schedule a public hearing to be held by the Commission within 45 days from the time the complete application is filed and shall provide a notice of the hearing Jn accordance with the provisions of Section 18.32.130; 2. Furnish two copies of the proposed preliminary plat to the City Engineering Division; 3. Furnish one copy of the preliminary plat and supplemental mw;:erial to: a. [A] The County surveyor; and Ordinance 89= —397— RM [B] The Oregon Department of Transportation (ODOT), if the proposed subdivision is adjacent to a state highway and access to the state highway is desired by the applicant (these agencies will be given at least five days to review the plan, suggest revisions, and return the plans to the City); 4. incorporate all staff recommendations into a report to the Commission. The Director shall mail notice of thb preliminary plat proposal to persons who are entitled to notic .. in accordance with Section 18.32.130 as follows: 1. The Commission shall approve, approve with conditions, or deny any application for preliminary plat. The Commission shall apply the standards set forth in Section 18.160.060 when reviewing an application for a subdivision. The decision of the Commission may be appealed in accordance with Section 18.32.310.8. (Ord. 83-52) 18.160.040 Expiration of Approval: Standards for Extension of Time The preliminary plat approval by the Commission shall lapse if: ��,��f 1. A final plat has not been submitted within a one-year period; or 2. The final plat does not conform to the preliminary plat as approved or approved with conditions. ��.IMI The Commission shall, upon written request by the applicant and payment of the required fee, grant one extension of the approval period not to exceedsix month; provided that: 1. No changes are made on the original preliminary plat plan as approved by the Commission; 2. The applicant has expressed written intent of submitting a final plat within the 7 six-month extension period; 3. There have± been no changes in the facts or applicable policies and ordinance provisions on which the approval was based; and 4. An extension of time will not preclude the development of abutting properties. 9.[(c)] No notice shall be required and the Director's decision may be appealed as provided by 18.32.310.A. (Ord. 83-52) .1 Ordinance 89- --338- 18.160.050 Phased Development A. [(a)] The Commission may approve a time schedule for developing a subdivision in phases, but in no case shall the actual construction .time period for any phase be greater than two years { without reapplying for a (rreliminary plat. B. [(b)] The criteria for approving a phased site dev,-•lop-morti: rcvlce; proposal are: 1. The public facilities shall be scheduled to be constructed in conjunction with or prior to each phase to ensure [assure] provision of public facilities prior to building occupancy; 2. The development and occupancy of any phase shall tot be dependent on the use of temporary public facilities: a. [A] For purposes of this subsection, a temporary public facility is an interim facility not constructed to the applicable City or district standard; and 3. The phased development shall not result in requiring the City or other property owners to construct public facilities that were required as a part of the approval of the preliminary plat. C.[(c)] The application for phased development approval shall be heard concurrently with the preliminary plat application and the decision may be appealed in the same manner as the preliminary plat. (Ord. 83-52) 18.160.060 Approval Standards: Preliminary Plat A.[(a)] The Commission may approve, approve with conditions or deny a preliminary plat based on the following approval criteria: 1. The proposed preliminary plat complies with the City's comprehensive plan, the applicable zoning ordinance and other applicable ordinances and regulations; 2. The proposed plat name is not duplicative or otherwise } satisfies the provisions of ORS Chapter 92[,090(1)]; 3. The streets and roads are laid out so as to conform to the plats of subdivisions and maps of major partitions already approved for adjoining property as to width, general direction and in all other respects unless the City determines it is in the public interest to modify the street or road pattern; and 4. An explanation has been provided for all common improvements. Ordinance 89 —399- g �(b)] The Commission may attach such conditions as are necessary to carry out the comprehensive plan and other applicable ordinances and re d gulati.ons and may require: 1. Reserve strips be granted to the City for the purpose of control 1ina access to adjoining undeveloped properties. (Ord. 83-52) 18.16Q.07Q A lication Submission Requirements- Preliminar Plat All applications shall be made on forms provided by the Director and s�all be accompanied by: 1 ?JMpi6S]Of the reliminary plat map and required data or narratlVf al 2. A list of the names and rd addressithin es feetlofptheosite;n`andre property owners of 3. The required fee. 1,[(b)3 The preliminary plat map and data or narrative shall include the following: 1. Sheet size for the preliminary plat shall preferably not exceed 18 inches by 24 inches; 2. The scale shall be an ena nee ]naandalimi 0 ftot, 50 0phase feet 100 feet or 200 feet to per sheet; 3. The proposed name of the subdivision shall comply with ORS 11 not duplicate or resemblo the Chapter 92[.094(1)7 and sha name of any other subdivision in the County, unless the land platted is contiguous to and plat that ed yname or partythesunless that platted the subdivision bearing the applicant Files and records the consent of the party ° that platted the subdivision bearing that name; 4. vicinity map showing the general locat��llecta h subj subject property in relationship to arterial and i 5. Names, addresses and telephone numbers of the owner, ! developer, engineer, surveyor, and designer, as applicable; 5. The date of application; 7. The assessor's map and tax lot number and a legal description sufficient to define the location and boundaries of the proposed subdivision; The boundary lines of the tract to be subdivided; 400-- Ordinance 8g 9. The names of adjacent subdivisions or the names of recorded owners of adjoining parcels of unsubdivided land; 10. Contour lines related to a City established benchmark at two—foot intervals for grades 0 to 10 percent and five—foot intnruals for grades over ten percent; 11. The purpose, location, type and size of all the following (within and adjacent to the proposed subdivision) existing and proposed: a� [A3 Public and private rights-of—way and easements; b. [B3 Public and private sanitary and storm sewer lines, domestic water mains• including fire hydrants, gas mains, major power (50,000 volts or better), telephone transmission lines, and watercourses; and c. [C] Deed reservations for parks, open spaces, pathways, and any other land encumbrances; 12. Approximate plan and profiles of proposed sanitary and storm sewers with grades and pipe sizes indicated and plans of the proposed water distribution system, showing pipe sizes and the location of valves and fire hydrants; 13. Approximate centerline profiles showing the finished grade of all streets including street extensions for a reasonable l distance beyond the limits of the proposed subdivision; 14. Scaled cross sections of proposed street rights—of—way; 15. The location of all areas subject to inundation or storm water overflow, and the location, width, and direction of flow of all watercourses and drainageways; 15. The proposed lot configurations, approximate lot dimensions and lot numbers. Where lots are to be used for purposes other than residential, it shall be indicated upon such {., lots. Each lot shall abut upon a public street; 17. The location of all trees with a uiameter six inches or greater measured at four feet above ground level, and the location of proposed tree plantings, if any; 16. The existing use of the property, including location of all structures and present use of the structures, and a statement of which structures are to remain after platting; 19. Supplemental information including proposed deed restrictions, if any, proof of property ownership, and a proposed plan for provision of subdivision improvements; and —401— Ordinance 89- 20. Existing natural features including ruck outcroppings, wetlands, and marsh areas. C.[(c)I If any of the foregoing information cannot practicably be shown on the prolimirary -!at, It _hall Na incorporated into a narrative and submitted with the application. (Ord. 83-52) 18.160.090 Additional Information Required and Waiver of Requirements A.[(a)] The Director may require information in addition to that required by this chapter in accordance with Subsection 18.32.080.A. C.[(b)] The Director may waive a specific requirement for information in accordance with Subsections 18.32.080.9 and C. (Ord. 83-52) 18.160.090 Variujices Authorized A, Variances to the subdivision regulations prescribed by this title [code] may be authorized by the [planning] Commission, and application shall be made with a preliminary plat application in accordance with Section 18. 160.070. (Ord. 83-52) 1$.160.100 Referrals A. The Director shall transmit copies of the application for variance to staff for review. (Ord. 83-52) 18.160.110 Appeal A. The [planning] Commission's action on an application for a variance may be appealed in accordance with Subsection 18.32.310.B. (Ord. 83-52) 18.160.120 Criteria for Granting a Variance A.[(a)] The [planning] Commission shall consider the application for variance at the same meeting at which it considers the preliminary plat. J(b)] A variance may be approved, approved with conditions, or denied x, provided the [planning] Commission finds: i. There are special circumstances or conditions affecting the property which are unusual and peculiar to the land as compared to other lands similarly situated; 2. The variance is necessary for the proper design or function of the subdivision; u 3. The granting of the variance will not be detrimental to the public health, safety, and welfare or injurious to the �r rights of other owners of property; and f � ordinance 89- -402- _. i A. The variance is necessary fur the preservation and enjoyment of a substantial property right because of an extraordinary hardship which would result from strict compliance with the regulations of this title. (Ord. 83-52) �! 1. 18.i6v.i30 Variance Application A-[W] Application for a variance shall be made on forms provided by the Director. §.[(b)] The applicant shall state fully the reasons for the application, the supporting facts, and any other data .pertinent to the findings prerequisite to the granting of a variance prescribed in Section 18.160.120. (Ord. 83-52) 18. 160.140 Application Submission agguirements: Final Plat A. Unless otherwise provided in Section 18.160.020, the applicant shall submit: 1. A final plat and five copies to the Director within one year which complies with the approved preliminary plat; and 2. The required fee. (Ord. 83-52) 18.160.150 CityReyiew of Final Plat: Approval Criteria A.((a)] The Director and the City Engineer [public works director] shall review the final plat and shall approve or deny the final plat s approval based on findings that: 1. The final plat complies with the plat approved by the Commission and all conditions of approval have been satisfied; 2. The streets and roads for public use are dedicated without reservation or restriction other than revisionary rights upon vacation of any such street or road and easements for public utilities; 3. The streets and roads held for private use and indicated on the tentative plan of such subdivision 'nave been approved by the City; 4. The plat contains a donation to the public of all common improvements, including but not limited to streets, roads, parks, sewage disposal, and waster supply systems; S. An explanation is included which explains all of the common improvements required as conditions of approval and are in recordable form and have been recorded and referenced on the plat; tLL Ordinance 89- -403- 6. The plat complies with the applicable zoning ordinance and other applicable ordinances and regulations: 7. A certification by the appropriate water district [Tigard Water District] that water will be available to the lot line of each and every lot depicted on the proposed plat or bond, contract or other assurance has been provided by the subdivider to the City that a domestic water system will be installed by or on behalf of the subdivider to the lot line of each and every lot depicted on the proposed plat. The au►ount of the bond, contract or other assurance by the suW.ivider. shall be determined by a registered professional engineer, subject to any change in amount as determined necessary by the City; 8. A certificate has been provided by the City's Engineering Division that a sewage disposal system will be available to the lot line of each and every lot depicted in the proposed plat; 9. Copies of signed deeds have been submitted granting the City a reserve strip as provided by Section 18.160.060; 10. The final plat has been made in black India ink, upon material that is 18 inches by 24 inches in size; that is suitable for binding and copying purposes, and that has characteristics of strength and permanency; 11. The lettering of the approvals, dedication and affidavit of .._ < the surveyor is of such a size and type, and the plat is at such a scala, as will be clearly legible, but no part shall come nearer any edge of the sheet than one inch; 12. If there is more than one sheet, a face sheet and index has been provided; and 13. The plat contains a surveyor's aff--davit by the surveyor who surveyed the land represented on the plat to the effect the land was correctly surveyed and marked , with proper monuments as provided by ORS Chapter 92[.060] and indicating the initial point of the survey, and giving the dimensions and kind of such monument, and its reference to some corner established by the U.S. survey or giving two or more objects for identifying its location. (Ord. 83-52) 18.160.160 ®nt®rlinn Monumentation: [Basis of Bearin ox Requirements and Acceptance of Improvements] Centerline Monumentation: 1. [In accordance with ORS Chapter 92.060(2),] The centerlines of all street and roadway rights—of--way shall be monumented before [the] City [shall] acceptance of [a] street improvements; and Ordinance 89-- —404— [2.1 [All centerline monuments shall be placed in a monument box cvnform,Ing tv vitf, 54t%YIN�If'd And the top of all monum ant boxes shall be set at design finish grade of said street or roadway; and] 2. [3.] The following centerline monuments shall be set: a, All ce"terline-centerline intersections] ,lints; [created with collector or oineF existiniq Stinnt8, shall be set when the centerline alignment of collector or other street has been established by or for the City;] b. All cul-de-sac center points and [Center of all cuts-de-sac;] C. Curve points, beginning_ and ending points (point of curvature (P.C.) and point of tangency (P.T,))[: point of intersection (P.I,) when their position falls inside the limits of the pavement otherwise beginning and ending points (B.C. and E,C.)]. B. Monument Boxes Required. 1. Monument boxes conforming to City standards will be rel aired around all centerline intersection points and cul-cul- de-sac center points; and 2. The tops of all monument boxes will be set to finished Pavement grade. [(b)] [Basis of Bearing:] [i. The plat shall be tied to a City of Tigard primary or secondary control station if one exists within 1,000 feet ' of the plat and the bearings oriented thereon;] [2. Tigard grid coordinates for all established boundary points on the plat shall be submitted to the City within 15 days :. of recording.] 18,160.170 Improvement Aar^eement vi a.[(a)] Before City [Commission] approval is certified on the final plat, and before approved construction plans are issued by the City, the subdivider shall: :£ f-x 1, Execute and file an agreement with the City Epr-ji�neer [Council] specifying the poriod within which all required r` improvements and repairs shall be completed; andj 2. Include in the agreement provisions that if such work is r not completed within the period specified, the City may complete the work and recover the full cost and expenses from the subdivider. �v Ordinance 89 -405- [(b)] The agreement shall stipulate improvement fens, and deposits as may be required to be paid and may also provide for the construction of the improvements in stages and for the extension of time under specific conditions therein stated in the contract. (Ord. 83-52) 18.160.180 Bond: ��'ash Deposit As required by Section 18.160.170, the subdivider shall file with the agreement an assurance of performance supported by one of the following: 1. An irrevocable letter of credit executed by a financial institution authorized to transact business in the state of Oregon; 2. A surety bond executed by a surety company authorized to transact business in the state of Oregon which remains in force until the surety company is notified by the City in writing that it may be terminated; or 3. Cash. S.[(b)) The assurance of performance shall be for a sum determined by the City Engineer as required to cover the cost of the improvements and repairs, including related engineering and incidental expenses. The subdivider shall furnish to the City Engineer an itemized improvement estimate, certified by a registered civil cngineer, to assist the City Engineer in calculating the amount of the performance assurance. g.[(d)) In the event the subdivider fails to carry out all provisions of the agreement and the City has unreimbursed costs or expenses resulting from such failure, the City shall call on the bond, cash deposit or letter of credit for reimbursement. The subdivider shall not cause termination of nor allow expiration of said guarantee without having first secured written authorization from the City. (Ord. 83-52) 18.160.190 Filing and Recording &[(a)] Within 60 days of the City review and approval, the applicant shall submit the final plat to the County for signatures of County officials as required by ORS Chapter 92 and flection 18.160.150. k.[(b)] Upon final recording with the County, the applicant shall submit to the City a mylar copy of the recorded final plat. (Ord. 83-52 Ordinance 89-- —406- -., 18.160.260 Prerequisites to Recording the Plat No plat shall be recorded unless all ad valorem taxes and all special assessments, fees, or other charges required by law to be placed on the tax roll have been pain in the manner provided by ORS Chapter 92[.095]. g.[(b)] No plat shall be recorded until it is approved by the County surveyor in the manner provided by ORS Chapter 92[.100]. (Ord. 83-52) 18.160.210 Vacation of Plats A.[(a)3 Any plat or portion thereof may be vacated by the owner of the platted area at any time prior to the saiu of any lot within the platted subdivision. B•[(b7] All applications for a plat or street vacation shall be made in accordance with Sections 18.160.020 and 18.160.030, and Subsection 18.160.160(A). The application may be denied if it abridges or destroys any public right in any of its public uses, improvements, streets, or alleys. All approved plat vacations shall be recorded in accordance with Section 18.160.190: 1. Once recorded, the vacation shall operate to eliminate the force and effect of the plat prior to vacation; and 2. The vacation shall also divest all public rights in the streets, alleys and public grounds, and all dedications laid out or described on the plat. When lots have been sold, the plat may be vacated in the manner herein provided by all of the owners of lots within the platted area. (Ord. 83-52) 18.160 220 Vacation of Streets A. All street vacations shall comply with the procedures and standards set forth in ORS Chapter 271 and Chapter 15.08 of this code. (Ord. 83-52) °F Ordinance 89 —407— � � . . z,�,.. ..7, Chapter 18.162 LAND DIVISION: MAJOR AND MINOR LAND PARTITIONING LOT LINE ADJUSTMENT t Sections:- 181i62.010 Purpose - 18.162.020 Partition Required 18.162.030[040] Administration and Approval Process 18.162.040[030] Partition Approval Criteria 18.162.045 Expiration of Approval — Standar-'s for Extension of Time 18.162.050 Special Provisions for Lo.s Created through Partition Process 18.162.060 Lot Line Adjustments: Approval Standards 18.162.070 Preliminary Application Submission Requirements 18. 162.080 Final Application Submission Requirements 18.162.090 Additional Information Required and Waiver of Requirements 18. 162.100 City Council Acceptance of nedicatsd Land 18.162.110 Centerline Monumentation: Monument Box Requirements [and Basis of Bearing Requirements] 18.162.120 Recording of Partitions, Loa Line Adjustments 18.162.130 Variances to Standards 18.16k.010 Purpose A. The purpose of this chapter is to provide rules, regulations, and standards governing approval of major and minor land partitions and lot line adjustments. (Ord. 83-52) ;4 18.162.020 Partition RegUircd A.[(a)] A major land partition is required when a divisiony of land (three lots or less) creates a street or road. B. [(b)] A minor land partition is required when three lots or less are created without the creation of a street or road, within one calendar year. ®.y(c)j A lot line adjustment is any adjustment to a prcperty line which does not create an additional lot of record nor make the existing dots in violation of the base zone minimum lot requirements. (Ord. 83-52) 18.162.030[0401 Administration and Approval Process &. [(a)] The applicant of a partition or lot line adjustment proposal shall be the recorded owner of the property or an agent authorized in writing by the owner. B.[(b)] Any application for a major or minor land partition or lot line adjustment shall be in conformity with all state regulations set fc,th in ORS Chapter 92, Subdivision and Partitions. Ordinance 39— `,O8 m C.[(c)] When partitioning tracts into large lots, the Director shall require that the lots be of such size and shape to facilitate the future repartitioning of such lot in accordance with the requirements of the zoning district and this title [code]. Q.L(d)] The applicant is required to meet with the Director for a preapplication conference in accordance with Section 18.32.030: 1. Another preapplication conference is required if any site development application is submitted more than six months after the proapplication conference; and 2. Failure of the Director to provide any of the information required by this section shall not constitute a waiver of the standard, criteria, or requirements of the applications. 9J(a)I The Director shall mail notice of any land partition or lot line adjustment [decision] to all owners of record of property within 250 feet of the subiect property. [the persons who are entitled to notice in accordance with Section 18.32.120. ] �.[(f)] The Director shall approve, approve with conditions or deny an application. The Director shall apply the standards set forth in Section 18.162.030 when reviewing an application for a major or minor partition or the standards in Section 18.162.060 when reviewing an application for a lot line adjustment. The decision of the Director may be appealed in accordance with f Subsection 10.32.310.A. (Ord. 84-29; Ord. 83-52) 18.162.040[030] Partition Approval Criteria W. A request to partition land shall meet all of the following criteria: u` 1. The proposal conforms with the City's comprehensive plan; 2. The proposed partition complies with all statutory and ordinance requirements and regulations; 3. Adequate public facilities are available to serve the proposal; R. All proposed lots conform to the sizo and dimensional requirements of this title [code]; and 5. All proposed improvements meet City and applicable agency standards. (Ord. 83-52) Ordinance 89— -409 rcT 1tl.lO2.V': Expiration of Approval EXtension of, Ti-e. A. The partition or lot line adjustment approval by the Director shall be effective fora 2eriod of -two ears from the date of approval. ori e-a, -�>,�F- • �Q g. The partition or lot line adjustment approval by the Director shall lapse if• 1. The partition or lot line adjustment has been impro2erly recorded with Washington County without the satisfactory completion of all conditions attached to the approval; 2. The final recording is a departure from the approved plan. C. The Director shall, upon written request by the applicant and payment of the required fee, grant an extension of the approval period not to exceed one year provided that: 1. No changes are made on the ordinal plan as approved by the Director; 2. The applicant can show intent of initiating construction of the site within the one year extensiea? period; and 3. There have been no changes in the facts or applicable golicies and ordinance provisions on which the approval was based. D. The Director's decision_ mM be appealed as provided by Section 15.32.310.A. 18.162.050 Special Provisions for Lots Created throyah Partition Process A.[(a)] Lot Width: 1. The minimum width of the building envelope area shall meet the lot requirement of the applicable zoning district. J(b)] Lot Area: 1. The lot area shall be as required by the applicable zoning district. In the case of a flag lot, the accessway may not be included in the lot area calculation. Lot Frontage: 1. Each lot created throughthe partition process shall front a public right-of-way by at least 15 feet[.] or have a leraally recorded minimum_15-foot .access easement. Ordinance 53- _410-- D.[(d)] Setbacks: 1. Setbacks shall be as required by the applicable zoning district. ` E.[(e)] Front Yard Determination for Flag Lot: 1. When the partitioned lot is a flag lot, the developer may determine the location of the front yard, provided that no side yard is less than 10 feet. Structures shall generally be located so as to maximize separation from existing structures. Screening on Flag Lots: 1. A screen shall be provided along the property line of a lot of record where the paved drive in an accessway is located within ten feet of an abutting lot in accordance with Sections 18. 100.080 and 18.100.090. Screening may also be required to maintain privacy for abutting lots and to provide usable outdoor recreation areas for proposed development. +�•C(g)] Fire Protection: 1. The fire district may require the installation of a fire hydrant where the length of an accessway would have a detrimental effect on firefighting capabilities. !LC(h)] Reciprocal Casements: 1. Where a common drive is to be provided to serve more than one lot, a reciprocal easement which will ensure [insure] access and maintenance rights shall be recorded with the approved partition map. X.C(i)J Accessway: 1. Any accessway shall comply with the standards set forth in Chapter 18.108, Access, Egress, and Circulation. • (Ord. 87-66; Ord. 84-29; Ord. 83-52) �• C(l)] Where landfill and/or development is allowed within or adjacent to the one—hundred—year floodplain, the City shall require the dedication of sufficient open land area for greenway adjoining and within the floodplain. This area shall include portions ,at a suitable elevation for the construction of a pedestrian./ bicycle pathway with the floodplain in accordance with the adopted pedestrian/bicycle pathway plan. Ordinance 89- -411— 1g.i62.oao Lot Lino Adjustments: Approval_ Standards p,[(a)3 The Director shall approve or deny a request for a lot line adjustment in writing based on f=indings that the criteria stated C' WNW are satisfied as follows: 1. An additicnal lot is not created by the lot line adjustment, and the existing parcel raduced in size by the adjustments is not reduced below the minimum lot size established by the approved zoning for that district; 2. By reducing the lot size, the lot or structures(s) on the lot will not be in violation of the site development or zoning district regulations for that district; and 3. If the applicant disagrees with the decision of the Director, an appeal shall be filed in accordance with Subsection 18.32.310.A [within 10 days]. $,[(b)] Application submission requirements for a lot line adjustment shall comply with Sections 18.162.070 and 18. 162.080. 1-1(c) The provisions of Section 18.162.0A0 shall also apply to lot line adjustments. (Ord. 83-52) 19.162.070 Preliminary Application Submission Requirements j,[(a)3 All. applications shall be made on forms provided by the Director and shall be accompanied by: 1. [Six3 copies of the preliminary partition map or lot line adjustment map (number of copies determined at pre—apblication conference) and necessary data or narrative; 2. A list of the names and addresses of all property owners of record within 250 feet of the site; and 3. The required fee. The preliminary partition map and necessary data or narrative shall include the following: 1. The name and address of the following: a. The owner(s) of the subject parcel; b. The owner(s)' authorized agent; and ty C. The land surveyor and engineer, 2, The map scale, north arrow, and date; Ordinance 89— —412- 3, Sufficient description to define the location and boundaries of the proposed area to be partitioned or adjusted; The scale shall be act [20 feet, 50 feet, 100 feet or 200 foot to the inch]; 5. The location, width and names of streets or other public ways and easements within and adjacent to the proposed partition; b. Other important features, to include: a. The location of a).1 permanent buildings on and within 25 feet of all property lines; b. The location and width of all water courses; C. Anv trees having a sir, inch caliper or greater at four feet above ground level; d. All slopes greater than 25 percent; and . e, The location of existing utilities and utility easements; 7. In the case of a major land partition, the applicant shall include the proposed right-of-way location and width, and a scaled cross section of the proposed street (to include any reserve strip); 8. Any deed restrictions that apply to the existing lot; and 9. Where it is evident that the subject parcel can be further partitioned, the applicant must show that the land partition will not preclude the efficient division of land in the future. C.[(c)] - The sketch plan shall be as accurate as possible to ensure proper review by affected City agencies. Upon receipt of an application, the Director shall review it for compliance with the requirements for submittal (see Subsections A and D above). If the application is found to be incomplete, the Director shall notify the applicant of the reasons therefor and advise the, applicant of the requirements for an acceptable application. Upon acceptance of a complete application, the Director shall transmit copies of the preliminary land partition application or x lot line adjustment map to the City Department of Public Works and other agencies where necessary. Ordinance 84- --4i3-- } t F.[(f)] The Director shall review the proposed partition for compliance with the provisions of this title [code] and coordinate the review conducted by affected City agencies and applicable ' districts for compliance with applicable regulations. C,�(y); following the review of the land partition by the applicable c agencies" the af.I cant will be advised of the status of the proposal and of any additional information witicfl s::aU_1`'^ required prior to the filing of a final land partition survey and shall be' notified of conditions to be attached to final land partition approval. j HL[(h)] The review of the preliminary land partition does not guarantee the applicant that the final application for a land partition will be approved nor that additional information or revisions will not be required by the City. (Ord. 86-23; Ord. 83-52) 10.162.080 Final Application Submission Requirements A. E(a)] All final applications for major and minor land partitions or lot line adjustments shall be made on forms provided by the Director and shall be accompanied by: _ LGo !. Three ' copieDs of the partition map prepared by a land surve or or a ineer licensed to practice in Ore on and necessary data or narrative; and ¢ 2. The required ewe, sub im tted w'ifh the preliminary application. 8,[(b)] The partition map or lot line adjustment map and data or narrative shall include the following: 1. Sheet sizes for the final partition map shall be drawn on paper that is 8--1/2 inches by 11 inches, 11 inches by 17 inches or 18 inches by 24 inches in size (if 18 inches by 24 inches, then one copy must be on reducible paper); 2. The scale of the map shall be an e: ineering scale [20 feet, 50 feet, 100 feet or 200 feet to the inch]; 3. The name and address of the following: a. The owner(s) of the subject parcel; b. The owner(s)' authorized agent; and C. The land surveyor and engineer; R. The assessor's map and lot number and a copy of the deed, sales contract or document containing a legal description of the land to be partitioned; a 5. The map scale, north arrow, and date; Ordinance 89— —414— 6. Dimensions and legal descriptions of the parent parcel and all proposed parcels; FA 7. Boundary lines and names of adjacent partitions and subdivisions, and tract lines abutting the site; 8. The locations, width and names of streets or other public a ways and easements wizFiin and adjaceni to ins pr-opused partition; 9. Other important features, to include: a. The location of all permanent buildings on and within 25 feet of all property lines; b. The location and width of all water courses; C. Any trees having a six inch caliper or greater at four ' feet above ground level; d. All slopes greater than 25 percent, and; n- e. The location of existing utilities and utility easements 10. In the case of a major land partition., the applicant shall include the proposed right-of-way location and width, and a scaled cross section of the proposed street (to include any ` reserve strip); 11. Any deed restrictions that apply to the existing lot; and 12. Where it is evident that the subject parcel can be further partitioned, the applicant must show that the land partitioned will not preclude the efficient division of land in the future. (Ord. 84-29; Ord. 83-52) 18. 162.090 Additional Information Required and Waiver of Requirements A.[(a)] The Director may require information in addition to that required by this chapter in accordance with Subsectiun 18.32.080.A. B.[(b)] The Director may waive a specific requirement for information in accordance with Subsections 18.32.080.8 and C. (Ord. 83-�52) 18.162.100 City Council Acceptance of Dedicated Land A. The City Council shall accept the proposed right-of-way dedication prior to recording a land partition. (Ord. 84-29; Ord. 83-52) .` Ordinance 09- -415- 18.162.110 G&D&gElina Monumentation: M®num_ t Box RegUxrpm is Cand Basis of Bearing Requirements] A.[(a)] Centerline Monumentation Monumentation for all Major Partitions: 1. The centerlines of all street and roadway rights-of-way shall he monumented [mounted] before City acceptance of street i morovement s. arm [2.] [All centerline monuments shall be placed in a monument box conforming to City standards, and the top of all monument boxes shall be set at design finish grade of said street or roadway;] 2. [3.] The following centerline monuments shall be set: a. All centerline-centerline intersection[s] points: [created within collector or other existing streets, shall be set when the centerline alignment of the collector or other street has been established by or for the City;] b. All cul-d®-sac _ center points, [Center of all cul-de-sacs]; Ind c. Curve points beginninsa and ending points (p2int of curvature (P.C. and point of tantaencv (P. .- [: point of intersection (P.I.) when their position falls inside the limits of the pavement; otherwise beginning and ending points (D.C. 's and E.C. 's)]. (Ord. 83-52) B. Monument Boxes Required: 1. Monument boxes conforming to City standards shall be required around all centerline intersection points and cul-de-sac center points; and s 2. The tons of all monument boxes shall be set to finish pavement grade. [(b) Basis of Bearing for all Major and Minor Partitions:] [1. The partition survey shall be tied to a City of Tigard primary or secondary control station if one exists, within 1,000 feet of the partition and the bearings oriented thereon;] [2. Tigard grid coordinates for all established boundary points on the partition shall be submitted to the City within 15 days of recording. (Subsection 18,160.190.8, Filing and Recording. )] Ordinance 89- -416 18. 162.120 Recording of Partitions: Lot Line Adiustments A.[(a)] Upon the Director's approval of the proposed partition or lot line adjustment and the Council's acceptance of any dedicated land to the: City, the applicant shall record the partition or lot line adjustment with Washington County and submit the recordation numbers to the City, to be incorporated into the record. B.[(b)] The applicant shall submit a recorded reproducible copy of the final survey to the City within 15 days of recording[.], or notify the City Engineering Division of the County survey number. (Ord. 83-52) 18.162.130 Variances to Standards A. An application for a variance to the standards prescribed in this chapter shall be made in accordance with Chapter 18.134, Variances. (Ord. 83-52) Ordinance 09— —417— Chapter 18.164 STREET AND UTILITY IMPROVEMENT STANDARDS Sections: 18.164.010 Rt,rnc"ta 18. 164.020 General. Provisions 18.164.030 Streets 18.164.040 Blocks 18.164.050 Easements 18.164.060 Lots 18,164.070 Sidewalks 18.164.080 Public Use 'Areas 18.164.090 Sanitary Sewers 18. 164.100 Storm Drair-ige 18.164.110 Bikeways 18. 164.120 Utilities 18,164.130 Cash or Bond Required 18.164.140 Monuments 18.164.150 Installation: Prerequisite/Permit Fee 18.164.160 Installation: Conformation Required 18.164.170 Plan Checking Requirpd 18.164.180 Notice of City Required 18.164.190 City Inspection Required 18.164.200 Engineer's Certification Required 18.164.010 Purpose A. The purpose of this chapter is 4o provide construction standards for the implementation of public and private facilities and utilities such as streets, sewers, and drainage. (Ord. 83-52) 18,161.020 General Provisions Unless otherwise provided, the standard specifications for construction, reconstruction or repair of streets, sidewalks, curbs and other public improvements within the City shall occur in accordance with the standards of this title [code]. B,[(b)] The City Engineer may recommend changes or supplements to the standard specifications consistent with the application of engineering principles. 9j.-C(c)] No vehicles on a building construction site shall be allowed on unimproved surfaces. D.[(d)] The provision of Section 7.40 of the Tigard Municipal Code shall ,apply to this chapter. (Ord. 83-52) Ordinance 89— —418-- 18.164.030 Streets A.[(a)] Improvements: 1. No development shall occur unless the development has frontage or approved access to a public street.- [A] treet:[A] Streets within a development and streets adjacent shall be improved in accordance with this title [code]; b. [D] Any new street or additional street width planned as a portion of an approved street plan shall be dedicated and improved in accordance with this code; and E. [C] The Director may accept a future improvement guarantee in lieu of street improvements if one cr more of the following conditions exist: (i) A partial improvement is not feasible due to the inability to achieve property design standards; ILia A Ortial improvement may create a potential safety hazard to motorists or pedestrians; Due to the nature of existing development on adjacent properties it is unlikely that street improvements would be extended in the foreseeable future and the improvement associated with the project under review does not, by itself, provide a significant improvement to street safety or capacity; JLvJ The improvement would be in conflict with an adopted capital improvement Plan; j� The improvement is associated with an approved land partition on property zoned residential and the proposed land partition does not create any new streets; or JCxJ Additional planning, work is required to define the appropriate design standards for the street and the application is for a project which would contribute only a minor portion of the anticipated future traffic on the street. [Where the City Engineer determines that a required street improvement would not be timely, or where lack of support by the other property owners would prevent a complete street improvement, the City Engineer may accept a future improvement guarantee in a form approved by the public works director.] Ordinance 89- —41q— B.[(b)] Creation of Rights--of-way for Streets and Related Purposos: 1. Rights-of--way shall be created through the approval of a final subdivision plat or major partition; however, the Council may approve the creation of a street by acceptance 014 a deed, provided that such street: :is det.-cd cesential by the Council for the purpose of general traffic circulation: [A] The Council may approve the creation of a street by deed of dedication without full compliance with the regulations applicable to subdivisions or major partitions if any one or more of the following conditions are found by the Council to be present: (i) Establishment of a street is initiated by the Council and is found to be essential for the purpose of general traffic circulation, and partitioning of subdivision of land has an incidental effect rather than being the primary objective in establishing the road or street for public use; and (ii) The tract in which the road or street is to be dedicated is an isolated ownership of one acre or less and such dedication is recommended by the Commission to the Council based on a finding that the proposal is not an attempt to evade the provisions of this title governing the control of ((_ subdivisions or major partitions; b. [B] With each application for approval of a road or street right-of-way not in full compliance with the regulations applicable to the standards, the proposed dedication shall be made a condition of subdivision ` and major partition approval: (i) The applicant shall submit such additional : { information andjustification as may be necessary to enable the Commission in its review to determine whether or not a recommendation for approval by the Council shall be made; (ii) The recommendation, if any, shall be based upon a finding that the proposal is not in conflict with the purpose of this title [code]; (iii) The Commission in submitting the proposal with a recommendation to the Council may attach conditions which are necessary to preserve the standards of :his title [code]; and (iv) All deeds of dedication shall be in a form prescribed by the City and shall name "the City of Tigard, Oregon" or "the public," whichever the City may require, as grantee. r d` Ordinance 89- -420- C.[(c)] Creation of.Access Easements: 1. The approval authority may anprovca an across easement`. (= established by deed without full compliance with this title [code] provided such an easement is the only reasonable method by which a lot large enough to develop can develop: a. [A] Access easements which [shall not] exceed 150 [100] feet shall be improved in accordance with the Uniform Fire Code Section P1O.2O7 [unless approved by the Commission through the planned development process;] b. [0] Access shall be in accordance with Sections 18.108.070 and 18.108.080. D. [(d)] Street Location, Width and Grade: 1. The location, width and grade of all streets shall conform to an approved street plan and shall be considered in their relation to existing and planned streets, to topographic conditions, to public convenience and safety, and in their appropriate relation to the proposed use of the land to be served by such streets: a. [A] Street grades shall be approved by the public works Director in accordance with Subsection M below; and b., [B] Where the location of a street is not shown in an approved street plan, the arrangement of streets in a development shall either: (i) Provide for the continuation or appropriate projection of existing streets in the surrounding areas, or (ii) Conform to a plan adopted by the Council, if it is impractical to. :conform to existing street patterns because of. particular topographical or other existing conditions of the land. Such a plan shall be based oni'the type of land use to be served, the volume of traffic, the capacity of adjoining streets and the need for public convenience and safety. E.[(e)] Minimum Rights—of—Way and Street Widths: 1. Unless otherwise indicated on an approved ,street plan, the street right-of--way and roadway widths shall not be less than the minimum width described below (see Comprehensive Plan: Transportation). Where a range is indicated, the width shall be determined by the City. A. [A] In Developing Areas: C =r Ordinance 09— -421— Minimum Minimum Right—of—way Roadway Moving TynQ of Streat WiAth (feet) Width (feet) Lanes ALL` Arterial 60-90v 12'/lane 2-4 Major Collector 60-80 44' 2-4 Minor Collector -60 40' 2-3 Local Street 50 34' 2 Local Streets (planned 50 26' 2 developments only with equal off—street parking) €' Cul—de—sac dead—end 50 34' 2 streets, (not more than 400' long) Turn—arounds for 50' radius 42' radius dead—end streets Alley: Residential, 20 20' Business or Industrial 20 20' b. [B] In established areas improvements to streets shall be made according to adopted City standards, unless the approval authority determines that the public benefit in a particular case does not warrant imposing an expected severe, adverse impact on the existing development. Any required variances to the standards " shall be in the following priority order: (i) Narrow or eliminate landscape strips; (ii) Narrow or eliminate on—street parking; (iii) Narrow or eliminate sidewalks and/or bike trails; (iv) Eliminate left turn lanes; and (v) marrow travel lanes. Future Extensions of Streets and Reserve Strips: 1. Where necessary to give access or permit a satisfactory future division of adjoining land, streets shall be . extended to the boundary lines of the tract to be developed, and: a. [A] A reserve strip across the end of a dedicated street shall be deeded to the City; and rtv b. [B] A barricade shall be constructed at the end of the street by the property owners which shall not be PYA removed until authorized by the Cites Engineer [public works director], the cost of which shall be included in the street construction cost. Ordinance 89— -422-- G.C(g)I Street Alignment: I. As far as practical, streets shall be dedicated and constructed in alignment with existing streets by continuing the centerlines thereof. In no case shall the staggering of streets making "T" intersections at cnllecters and arterlals be designed such that jogs of less than 300 feet on such streets are created, as measured from the centerline of such street. H.C(h)] Intersection Angles: I. Streets shall be laid out so as to intersect at an angle as near to a right angle as practicable, except where topography requires a lesser angle, but in no case shall the angle be less than 600 unless there is special intersection design, and: a. CA] Streets shall have at least 25 feet of tangent adjacent to the right—of—way intersection unless topography requires a lesser distance; b. CS, Intersections which are not at right angles shall have a minimum corner radius of 20 feet along the right—of—way lines of the acute angle; Rg c. CC] Right—of-way lines at intersection with arterial streets shall have a corner radius of not less than 20 feet. I.C(i)J Existing Rights—of—way: 1. whenever existing rights-of—way adjacent to or within a tract are of less than standard width, additional rights—of—way shall be provided at the time of subdivision or development. Partial Street Improvements [Half Street Improvements on Existing Rights-of—way:] 1. Partial street improvements resulting in a pavement width of less than 24 feet; [Half street improvements,] while generally not acceptable, may be approved where essential to recsonable development when in conformity with the other requirements of these regulations, and when [the Commission finds] it will be practical to require the improvement of the other half when the adjoining property Cis subdivided or] developed. Ordinance 09 423- *a 00 K.[(k)] Culs—de—sac: 1. A cul—de—sac shall be as short as possible and shall in no event be more than 400 feet long: _ [A] € I'l cull—de—sac shall terminate with a circular• turnaround; and b. [B] The length of the cul—de—sac shall be measured along the centerline of the roadway from the near side of the intersecting street to the farthest point of the cul—de—sac. Street Names: 1. PJo street name shall be used which will duplicate or be confused with the names of existing streets in Washingtcn County, except for extensions of existing streets: Street names and numbers shall conform to the established pattern in the surrounding area. M.[(m)] Grades and Curves: 1. Grades shall not exceed ten percent on arterials, 12 percent on collector streets, or 12 percent on any other street, �. [A] Centerline radii of curves shall not be less than 700 feet on arterials, 500 feet on major collectors, 350 feet on minor collectors, or 100 feet on other streets; aEKi b. [0] Streets intersecting with a minor collector or greater functional classification street, or streets intended to be posted with a stop sign or signalization, shall provide a landing averaging five percent or less. Landings are that portion of the street within 20 feet of the edge of the intersecting street at full improvement. LE(n)] Curbs, Curb Cuts, Ramps, and Driveway Approaches: 1. Concrete vertical curbs, curb cuts, wheelchair, bicycle ramps and driveway approaches shall be constructed in accordance with standardsspecified in this chapter and Section 15.04.080, and: a. [A] Concrete curbs and driveway approaches are required- except b. [B] Where no sidewalk is planned, an asphalt approach may be constructed with City Engineer approval; and Ordinance 89- -•424— r, �• l�J M$Priali: and concrete driveway approaches to the property line shall be built to City configuration standards. Streets Adjacent to Railroad Right—of—Way, 1. Wherever the proposed development contains or is adjacent to a railroad right—of—way, provision shall be made for a street approximately parallel to and on each side of such right—of—way at a distance suitable for.the appropriate use of the land, and: a. The distance shall be determined with due consideration at cross streets or the minimum distance required for approach grades and to provide sufficient depth to allow screen planting along the railroad right—of—way in nonindustrial areas. P.[(p)] Access to Arterials: 1• Where a development abuts or is traversed by an existing or proposed arterial street, the development design shall provide adequate protection for residential properties and shall separate residential access and through traffic, or if separation is not feasible, the design shall minimize the traffic conflicts. The design requirements shall include any of the following: �.. a. A parallel access street along the arterial; y b. Bots of suitable depth abutting the arterial to provide adequate buffering with frontage along another street; C. Screen planting at the rear or side property line to be contained in a nonaccess reservation along the arterial; or d. Other treatment suitable to meet the objectives of this subsection. Alleys, Public or Private: 1. Alleys, 20 feet in width, shall be provided in commercial and industrial districts. unless other parmo'cnGiet . pruviadv(Is for access to off-street parking and loading facilities are made as approved by the Commission, and: a. While alley intersections and sharp changes in alignment shall be avoided, the corners of necessary alley intersections shall have a radius of net less than 12 feet. Ordinance 89- -425- RJ(r)I Survey Monuments: 1. Upon completion of a street improvement and prior to accuiptance by the City, it shall be the responsibility of the developer's registered professional land surveyor to provide ce`rtifica,tion to the City that all boundary and interior ,monuments shall be reestablished and protected. .[(s)] Private Streets: 1. Private streets are permitted within planned developments and mobile home parks, and: a. Design standards for private streets shall be established by the City Engineer; ase{ b. The City shall require legal assurances for the continued maintenance of private streets, such as: (i) A bonded maintenance agreement; and (ii) The creation of a homeowners association; T. [{t)] Railroad Crossings: a 1 . Where an adjacent development results in a need to install or improve a railroad crossing, the cost for such improvements may be a condition of development approval, or another equitable means of cost distribution shall be determined by the public works Director and approved by the Commission. Street Signs: 1 . The City shall install all street signs, relative to traffic control and street names, as specified by the City Engineer for any development. The cost of signs shall be the responsibility of the developer. V. [(v)] Mailboxes: 1. Joint mailbox facilities shall be provided in all residential developments, with each joint mailbox serving at least two dwelling units. a. Joint mailbox structures shall be placed adjacent to roadway garbs; b. Proposed locations of joint mailboxes shall be designated on a copy of the preliminary plat or,. development plan, and shall be approved by the Director prior to plan• ,approval; aid Ordinance 09- -426- c. Plans for the joint mailbox structures to be used shall be submitted for approval by the Director prior to final approval. ` W.[(w)] Traffic Signals:. 1. The location of traffic signals shall be noted on approved street plans, and: a. Where a proposed street intersection will result in an immediate need for a traffic signal, a signal meeting approved specifications shall be installed. The cost shall be included as a condition of development. Street Light Standards: 1. Street lights shall be installed in accordance with regulations adopted by the City's direction. Y.[(y)] Street Name Signs: 1. Street name signs shall be installed at all street intersection7. Stop signs and other signs may be required. Z. W 3 Street Cross Sections: 1. The cross—section of streets in inches shall not be less than the minimum shown in the following table: Tyne of Street Subbase Leveling Course Surface Arterial 12" 4" 4" Commercial and Collectors 122" 311t% " " 4 Local Streets yy �f yi jqy a. Subbase and leveling course shall he of select crushed rock; b. Surface material shall be of Class C or B asphaltic concrete; C. The final lift shall be placed on all new construction roadways prior to City final acceptance of the roadway; however, not before 90 percent of the structures In the new VM.vtl1Vp4416:(It are completed unless three years have elapsed since initiation of construction in the development; d. The final lift small be Class B asphaltic concrete as defined by A.P.W.". standard specifications; and Ordinance89— —427- - e. PJo lift shall to lass than 1-1/2 inches in thickness. (Ord. 94-50! Ord. 03-52) 18.164.040 Slacks .. A.[(a)] Block Design: 1. The lencith, width and shape of blocks shall be designed with due regard to providing adequate building sites for the use contemplated, consideration of needs for convenient access, circulation, control and safety of street traffic and recognition of limitations and opportunities ' of topography. �• [(b)1 Sizes: 1. Blocks shall not exceed one 1,200 feet in length, except for blocks adjacent to arterial streets or unless the existing adjacent layout or topographical conditions justify a variation. The recommended minimum distance between intersections on arterial streets is 1,800 feet. (Ord. 83-52) 18.164.050 Casements aj(a)] Easements: 1. Easemants for sewers, drainage, water mains, electric lines or other public utilities shall be either dedicated or provided for in the deed restrictions, and: a. Where a development is traversed by a watercourse, or drainageway, there shall be provided a storm water easement or drainage right—of—way conforming substantially with the lines of the watercourse, and such further width management purposes. Q•[(b)] Utility Casements: 1. A property owner proposing a development shall make arrangements with the City, the applicable district and each utility franchise for the provision and dedication of utility easements necessary to provide full services to the development: a. The City's standard width for public main line utility easements Shall be 15 feet unless otharwise specified by the utility company, applicable district, or City Engineer; and b. Where feasible utility easements shall be all on one lot (Ord 83-52) sa. Ordinance 89- —428— 18.164.060 Lots Size and Shape: 1. Lot size, width, ahape and orientation shall be appropriate for the locati--n of the development and for the type of use contemplated, and: a. No lot shall be dimensioned to contain part of an existing or proposed public right-of-way; b. The depth of all lots shall not exceed 2-1/2 times the average width; C. Unless a variance has been granted, lot sizes shall not be less than the size required by this title [code] . d. Depth and width of properties reserved zoned for commercial and industrial purposes shall be adequate to provide for the off-street parking and service facilities required by the type of use proposed. D.[(b)] Lot Frontage: 1. Each lot shall abut upon a street other than an alley for a MM width of at least 25 feet unless the lot is created through a minor land partition in which case Subsection 18.162.050 (C) applies. C.[(c)] Through Lots: 1. Through lots shall be avoided except where they are essential to provide separation of residential development from major traffic arterials or to overcome specific disadvantages of topography and orientation, and: >k .r.. PO W. A plant-Ing buffer at le-ast tell feet wide Is r equIred abutting the arterial rights-of--way; and b. All through lots shall provide the required front yard on each street. J(d)] Lot Side Lines: 1. The side lines of lots, as far as practicable, shall be at right angles to the street upon which the lots front. p Ordinance 89-- -429- .. MENEM E,C(e)] Large Lots: 1. In dividing tracts into large lots'or parcels which at some future time are likely to be redivided, the Commission may r require that the lots be of such size and shape, and be so divided into building sites, and contain such site restrictions as will provide for the extension and opening of streets at intervals which will permit a subsequent division oil any„ tract inW lets or parcels of smaller size, and: - a. The land division shall be denied if the proposed large development lot does not provide for the future division of the lots and future extension of public facilities. (Ord. 83-52) 18,164.070 Sidewalks J(a)I Sidewalks: Required 1. Except where exempted by the Commission, sidewalks shall be constructed, replaced or repaired to City design standards as set forth in the standard specifications manual and located as follows: a. On both sides of arterial and collector streets to be built at the time of street construction; b. On both sides of all other streets and in pedestrian easements and rights--of--way, except as provided further in this section, to be constructed along all portions of the property designated for pedestrian ways in conjunction with development of the property; and C. On one side of any industrial street to be constructed at the time of street construction or after determination of Curb cut locatiorts. A planter strip separation of at least five feet between the curb and the sidewalk shall be [isj required in the design of �$ any arterial or collector street where parking is prohibited adjacent to the curb, except where the following conditions y exist: there is inadequate right--of--way; the curbside sidewalks already exist on predominant portions of the street; or it would �t conflict with the utilities. In the central business district sidewalks shall be 10 feet in rgicfth, and: i 1. All sidewalks shall provide a continuous unobstructed path; a� Ordinance 09— -�430— 2. The width of curbside sidewalks shall be measured from the back of the curb. D.[(d)] Maintenance: 1. Maintenance of sidewalks, curbs, and planter strips is the continuing obligation of the adjacent property owner. D.[(e)) Application for Permit and Inspection: 1. If the construction of a sidewalk is not included in a performance bond of an approved subdivision or the performance bond has lapsed, then every person, firm or corporation desiring to construct sidewalks as provided by this chapter', shall, before entering upon the work or improvement, apply for a street opening permit to the public works department to so build or construct: a. An occupancy permit shall not be issued for a development until the provisions of this section are satisfied. b. The Cita Engineer [public works director or designee] may issue a permit and certificate allowing temporary noncompliance with the provisions of this section to the owner, builder or contractor when, in hi.s opinion, the construction of the sidewalk is impractical for one or more of the following reasons: f- (i) :sidewalk grades have not and cannot be established for the property in question within a reasonable length of time; (ii) rorthcoming installation of public utilities or street paring would be likely to Cause Severe damage to the new sidewalk; (iii) Street right—of—way is insufficient to accommodate a sidewalk on one or both sides of the street; or (iv) Topography or elevation of the sidewalk base area maces construction of a sidewalk impractical or economically infeasible; and C. The City Engineer [public works director or designee] shall inspect the construction of sidewalks for compliance with the provision set forth in the standard specifications manual. a .# Ordinance 89— --431-- F.[(f)] Council Initiation of Construction: 1-1 In the event one or more of the following situations are found by the Council to exist, the Council may adopt a resolution to initiate construction of a sidewalk in accordance with City ordinances: a. A safety hazard exists for children walking to or from school and sidewalks are necessary to eliminate the hazard; b. A safety hazard exists for pedestrians walking to or from a public building, commercial area, place of assembly or other general pedestrian traffic, and sidewalks are necessary to eliminate the hazard; C. 50 percent or more of the area in a given block has been improved by the construction of dwellings, multiple dwellings, commercial buildings or public buildings and/or parks; and d. A criteria which allowed noncompliance under Section E.l.b above no longer exists and a sidewalk could be constructed in conformance with City standards. (Ord. 83-52) 18.164.080 Public Use Areas Indicated in Development Plan: Dedication Requirements: 1. Where a proposed park, playground or other public use shown in a development plan adopted by the City is located in whole or in part in a subdivision, the Commission may require the dedication or reservation of such area within the subdivision. Not Indicated in Development Plan: Dedication Requirements: 1. Where considered desirable by the Commission in accordance with adopted comprehensive plan policies, and where a development plan of the City does not indicate proposed public use areas, the Commission may require the dedication or reservation of areas within the subdivision or sites of a character, extent and location suitable for the development of parks and other public use. 9.1(c)3 Acquisition by Public Agency: 1. If the subdivider is required to reserve land area for a park, playground, or other public use, such land shall be acquired by the appropriate public agency within 18 months following plat approval, at a price agreed upon prior to approval of the plat, or such reservation shall be released to the subdivider. (Ord. 83-52) i Ordinance 89- 432- 18,164.090 unitary Sewers A,[(a)] Sewers: Required 1. Sanitary sewers shall be installed to serve each new development and to connect developments to existing mains in accordance with the provisions se-t forth in Standard Specification rsanuai �dnntod policies of the «��;: ...t._ _. comprehensive plan. Sewer Plan Approval: 1. The City Engineer [public works director] shall approve all sanitary sewer plans and proposed systems prior to issuance of development permits involving sewer service. C. [(c)] oversizing: 1. Proposed sewer systems shall include consideration of additional development within the area as projected by the Comprehensive Plan. D.[(d)] Permits Denied: 1. Development permits may be restricted by the Commission or Hearings Officer where a deficiency exists in the existing sewer system or portion thmreof which cannot be rectified within the development and which if not rectified will ( result in a threat to public health or safety, surcharging ` . ` of existing mains, or violations of state or federal standards pertaining to operation of the sewage treatment system. (Ord. 83-52) 18.164.100 Storne DrainGnrA �t•[(a)] Storm Drainage: General Provisions: 1. The Director and City Engineer [public works director] shall issue a development permit only where .adequate provisions for storm water and flood water runoff have been made, and: a. The storm water drainage system shall be separate and independent of any sanitary sewerage system; b. There possible, inlets shall be provided so surface water is not carried across any intersection or allowed to flood any street; an"' C. Surface water drainage patterns shall be shown on every development proposal plan. Ordinance 89- -433- Pal B.[(b)3 Easements: 1. Where a subdivision is traversed by a watercourse, drainageway, channel or stream, there shall be provided a storm water easement or drainage right-of-way conforming substantially with the lines of such watercourse and such ,t further width as will be adequate for conveyance and maintenance. G.1(03 Accommodation of Upstream Drainage: 1. A culvert or other drainage facility shall, and in each case be, large enough to accommodate potential runoff from its entire upstream drainage area, whether inside or outside the development, and: a. The Cita Engineer [public works director] shall determine the necessary size of the facility, based on the provisions of the 1981 master drainage plan. 2.[(d)] Effect on Downstream Drainage: 1. Where it is anticipated by the City Engineer [public works director3 that the additional runoff resulting from the development will overload an existing drainage facility, the Director and Engineer shall withhold approval of the development until provisions have been made for improvement of the potential condition or until provisions have been made for storage of additional runoff caused by the t development in accordance with the 1981 master drainage plan. (Ord. 83--52) 18.164. 110 DikewaS°s a4.[(a)3 Developments adjoining proposed bikeways identified on the adopted pedestrian/bikeway plan shall include provisions for the future extension of such bikeways through the dedication of easements or rights-of-way. j$.[(b)3 Development permits issued for planned unit developments, conditional use permits, and other developments which will principally benefit from such bikeways shall be conditioned to include the cost of bikeway improvements. C.{(c)3 Where possible, bikeways should be separated from other modes of travel includingpedestrians. D.[(d)3 Minimum width for bikeways is six feet per travel lane. (Ord. 93-52) ordinance 89- -43+4-- 10.164.120 Utilities A.[(a)] Underground Utilities: 1. All utility lines including, but not limited to those required for electric, communication, lighting and cable television services and related facilities shall be placed underground, except for surface moufilted transformers, surface inuunteu buxE3 and meter cabinets which may be =placed above ground, temporary utility service facilities during construction, high capacity electric lines operating at 50,000 volts or above, and: a. The subdivider shall make all necessary arrangements with the serving utility to provide the underground services; b. The City reserves the right to approve location of all surface mounted facilities; C. All underground utilities, including sanitary sewers and storm drains installed in streets by the subdivider, shall be constructed prior to the surfacing of the streets; and d. Stubs for service connections shall be long enough to avoid disturbing the street improvements when service connections are made. Information on Development Plans: S 1. The applicant for a subdivision shall show on the development plan or in the explanatory information, easements for all undergroune utility facilities, and: a. Plans showing the location of all undQrground facilities as described herein shall be submitted to the City E ineer [public works director] for review and approval; and b. Care shall be taken in all cases to ensure that above ground equipment does not obstruct vision clearance areas for vehicular traffic. (Ord. 63-52) 10.164.130 Cash or Bond ReSuired IL.[(a)] All improvements installed by the subdivider shall be guaranteed as to workmanship and material for a period of one year following acceptance by the City Council. Such guarantee shall be secured by cash deposit or bond in the amount of the value of the improvements as set by the City nc ineer [public works director]. s Ordinance 09- -435— ha C.[(c)] The cash or bond shall comply with the terms and conditions of Section 18.160.180. (Ord. 83-52) 18.164.140 Monuments A. Any monuments that are disturbed before all improvements are completed by the subdivider shall be replaced prior to final Mcceptancz Gf ti a irnpr`uvements. (Ord. 03—b2) memo 18.164.150 Installation: Prerequisite/Permit ree No land division improvements, including sanitary sewers, storm sewers, streets, sidewalks, curbs, lighting or other requirements shall he undertaken except after the plans therefor have been approved by the City, permit fee paid and permit issued. B._[(b) The permit fee is required to defray in whole or in part the cost and expenses incurred by the City for construction and other servIces in connection with the improvement and such fee shall be a sum equal to four percent of the estimated cost of such subdivision improvement. (Ord. 83-52) 18.164.160_ Installation: Conformation Required A.[(a)] In addition to other requirements, improvements installed by the land divider either as a requirement of these regulations or at his own option, shall conform to the requirements of this chapter and to improvement standards and specifications followed by the City. 8..[(b)] The Standard Specifications for Public Works Construction, Oregon Chapter A.P.W.A. , and Unified Sewerage Agency Resolution and Order No. 71-9, shall be a part of the City's adopted installation standard(s); other standards may also be required upon recommendation of the City Engineer. (Orsi. 82-52) 18.164.170 Plan Checking Required A.[(a)] Work shall not begin until nine sets of construction and construction estimate plans have been submitted and checked for adequacy and approved by the City in writing. e•[(b)] All such plans shall be prepared in accordance with requirements of the City. (Ord. 83-52) 10.164.-180 Notice to City Required A.[(a)] Work shall not begin until the City has been notified in advance. If work is discontinued for any reason, it shall not be resumed until the City is notified. (Ord. 83-52) Ordinance 89- -436-- NOMMIR r 18.164.190 City Inspection Required A. Improvements shall be constructed under the inspection and to the satisfaction of the City. The City may require changes in typical sections and details if unusual conditions arisin:; during construction warrant such changes in the public interest. (Ord. 83-52) 18.164.200 Engineer's Certification Required A. The land divider's engineer shall provide written certification of a form provided by the City that all improvements, workmanship and materials are in accord with current and standard engineering and construction practices, and are of high grade, prior to City acceptance of the subdivision's improvements or any portion thereof for operation and maintenance. (Ord. 83-52) F:x ordinance 89— —437—