DIR2013-00003 DIRECTOR'S INTERPRETATION
DIR2013 -00003
TIGARD
DATE: April 10, 2013
CODE CHAPTER: 18.510.060
TOPIC: Air Conditioners Not Regulated As Accessory Structures
LOCATION: Citywide
FILE NO.: DIR2013 -00003
I. REQUEST
In practice, free - standing air conditioners /heat pumps have been regulated by the Community
Development Department's current planning division as "accessory structures" governed by
dimensional requirements prohibiting placement in front yards and maintaining a minimum side and
rear yard setback of five feet. Defining air conditioners as "equipment" will obviate the need for plan
check review by planning. Instead, building code regulations and product manual recommendations
for installation should govern placement of air conditioning equipment.
II. ANALYSIS
The TDC 18.120.030.4 defines "Accessory building or structure" as a structure whose use is
incidental and subordinate to the main use of property, is located on the same lot as the
main use, and is freestanding or is joined to the primary structure solely by non- habitable
space as defined by the State Building Code.
TDC 18.510.060 regulates Accessory Structures as follows:
A. Permitted uses. Accessory structures are permitted by right in all residential zones
subject to the following:
1. Dimensional requirements:
a. On sites containing less than 2.5 acres, an accessory structure may not exceed 528 square
feet. On sites 2.5 acres or larger, an accessory structure may not exceed 1,000 square feet;
b. An accessory structure may not exceed 15 feet in height;
c. In no case shall the primary structure and accessory structure(s) exceed the maximum lot
coverage allowed in the base zone;
d. An accessory structure may not be located within the front yard setback
e. An accessory structure must maintain a minimum side and rear yard setback of five feet.
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2. Non - dimensional requirements:
a. No accessory 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 and
private easements;
b. An accessory structure shall comply with all of the requirements of the State Building
Code;
c. An accessory structure which is nonconforming is subject to the provisions of Chapter
18.760, Nonconforming Situations, when an alternation, expansion or reconstruction is
requested;
d. The erection of television receiving dishes on the roof of a structure is not permitted in
any residential zone.
3. All freestanding and detached towers, antennas, wind- generating devices and TV
receiving dishes, except as otherwise regulated by Wireless Communication Facilities
(Chapter 18.798), shall have setbacks equal to or greater than the height of the proposed
structure. Suitable protective anti-climb fencing and a landscaped planting screen, in
accordance with Chapter 18.745, Landscaping and Screening, shall be provided and
maintained around these structures and accessory attachments. (Ord. 09 -13)
Under the definition in TDC 18.120.030.4 HVAC equipment installed on the ground could be
considered a structure whose use would be incidental and subordinate to the residential use of
property, is located on the same lot as the main use, and is freestanding, arguably meeting the
definition. The term "equipment" is not defined in the code.
However, the implementing regulations for accessory structures tend towards structures that are
buildings or are otherwise explicit with regard to wireless communication equipment and wind
generating devices that carry specific height restrictions. If the city wanted to regulate the location of
HVAC equipment, it could add explicit language in this section to do so.
The potential adverse impact to siting HVAC equipment in front yards or side yard setbacks less
than 5 feet is low. Placement within side yard setbacks have generated noise complaints in the past,
but little can be done to alleviate the noise impact as it would be essentially the same for any location
within side yard setbacks that are typically five feet for most residential zones. Equipment
instructions require a minimum separation from buildings for proper equipment functioning and is
ensured through the Building Department's mechanical permit review. There has been little, if any,
demand for front yard placement as the units are not attractive and are likely to cost more with
longer plumbing and electrical runs.
III. INTERPRETATION
Chapter 18.510.060, Accessory Structures, is interpreted to not apply to heating and air conditioning
equipment. Instead, Building Department mechanical permits and product manual
recommendations for installation will govern placement of air conditioning equipment.
Kenny Asher, Community Development Director
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