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Ordinance No. 18-23
CITY OF TIGARD, OREGON TIGARD CITY COUNCIL ORDINANCE NO. 18- 3 AN ORDINANCE AMENDING THE COMMUNITY DEVELOPMENT CODE OF THE CITY OF TIGARD, FOR THE PURPOSE OF ADOPTING THE PHASE II-POLICY AND PROCEDURES UDPATE (DCA2018-00003 40 a melt d J as S%aur 5X>ti r ar't e s I. 1tkL- !Ai-rScJ, 20whok,g-es,, rneved. WHEREAS,the city has initiated an application to amend the text of the Development Code; and WHEREAS, in 2013, the City adopted a Housing Strategies Report including recommendations for policy changes to allow a wider variety of housing options in Tigard, particularly missing middle housing types; and WHEREAS, in 2016, Metro published the Opportunities and Challenges for Equitable Housing report, calling for a wider variety of housing types throughout the region, including missing middle housing types;and WHEREAS, in 2017, the Oregon State Legislature passed Senate Bill 1051, requiring certain housing types to be allowed and necessitating amendments to the Tigard Development Code;and WHEREAS, Goal 10.1 of the Tigard Comprehensive Plan is to provide opportunities for a variety of housing types at a range of price levels to meet the diverse housing needs of current and future City residents;and WHEREAS, The Tigard Comprehensive Plan includes a policy that the city shall implement findings and recommendations from the 2013 Tigard Housing Strategies Report;and WHEREAS,the purpose of the amendments is implement policy changes to allow missing middle housing types as recommended;to bring the code into compliance with federal and state law regarding group living and temporary shelter;to provide a process and standards for small cell wireless installations in the right-of-way; to revise the standards for off-street parking;to reorganize the code for ease of use and clarity of purpose;and to address minor deficiencies and conflicts in the code;and WHEREAS, notice was provided to the Department of Land Conservation and Development and Metro at least 35 days prior to the first evidentiary public hearing;and WHEREAS, notice to the public was provided in conformance with the Tigard Community Development Code Chapter 18.710.110 and ORS 227.186;and WHEREAS, the Tigard Planning Commission held a public hearing on October 1, 2018 and recommended by unanimous vote that Council approve the proposed code amendment, as amended by Planning Commission;and ORDINANCE No. 18-.3 Page 1 WHEREAS, the Tigard City Council held a public hearing on November 27, 2018 to consider the proposed amendments;and WHEREAS, the Tigard City Council has considered the recommendation of the Planning Commission;and WHEREAS, the Tigard City Council has considered applicable Statewide Planning Goals and Guidelines adopted under Oregon Revised Statutes Chapter 197; any federal or state statutes or regulations found applicable; any applicable Metro regulations; any applicable Comprehensive Plan Policies; and any applicable provisions of the City's implementing ordinances;and WHEREAS, the Tigard City Council has determined that the proposed development code amendments are consistent with the applicable review criteria. NOW,THEREFORE,THE CITY OF TIGARD ORDAINS AS FOLLOWS: SECTION 1: Tigard City Council adopts the findings contained in the "Planning Commission Recommendation to the City Council", dated November 15, 2018 and included as "Exhibit A" to this Ordinance. SECTION 2: Tigard Development Code (Title 18) is amended as shown in "Exhibit B" of the Planning Commission Recommendation to the City Council. SECTION 3: Council further adopts the staff memo to Council and further amends the Tigard Development Code (Title 18),as shown in"Exhibit C". SECTION 4: This Ordinance shall be effective on January 31,2019. PASSED: By_ana.4/ j$.4.... _vote of all Council members present after being read by number and title only,this .274-Aday of Afd1V`li; it.,2018. Ls Carol A. Krager,City Recorder APPROVED: By Tigard City Council this a 1 qday of wenn X ,2018. If Jo . Cook,Mayor Approved as to form: City Attorney Date ORDINANCE No. 18- 3 Page 2 EXHIBIT A Hearing Date: November 27,2018 Time: 7:30 PM PLANNING COMMISSION RECOMMENDATION TO THE111111 1 CITY COUNCIL FOR THE CITY OF TIGARD, OREGON TIGARD SECTION I. APPLICATION SUMMARY CASE NAME: PHASE II POLICY AND PROCEDURES CASE NO.: Development Code Amendment(DCA) DCA2018-00003 PROPOSAL: The City of Tigard proposes legislative amendments to the Tigard Development Code (TDC). The text amendments include the following: 1. Policy changes to allow missing middle housing types as recommended in the 2013 Housing Strategies Report and under Goal 10 of the Tigard Comprehensive Plan; 2. Reorganization of residential and commercial design standards; 3. Policy changes related to group living,transitional housing, and emergency shelter to meet federal requirements; 4. Provision of an on-street parking credit and updates to the off-street parking regulations; 5. Clarifying process and standards for small cell wireless installation in the right-of- way; 6. General housekeeping to increase consistency and remove redundancies; 7. Miscellaneous code fixes identified by staff; 8. Replacing and removing outdated and ineffective regulations; 9. Streamlining existing processes and procedures;and 10. Addressing minor deficiencies in the code. The proposed text amendments for the City Council's review are included in Attachment 1, and summarized below in Section IV of this report: APPLICANT: City of Tigard 13125 SW Hall Blvd. Tigard,OR 97223 ZONES: Citywide LOCATION: Citywide APPLICABLE REVIEW CRITERIA: Statewide Planning Goals 1 (Citizen Involvement), 2 (Land Use Planning), 10 (Housing);METRO's Urban Growth Management Functional Plan Titles 1, 6, 7, and 8; Comprehensive Plan Goals 1.1.2, 2.1.1, 2.1.2, 2.1.3, 2.1.4, 2.1.12, 2.1.23, 2.1.24, 10.1.1, 10.1.2, 10.1.3, 10.1.6, 10.1.7, 10.1.8, 10.2.5, 10.2.8, 10.2.9, and 10.2.10; and Tigard Development Code Chapters 18.710 and 18.795. PHASE II POLICY AND PROCEDURES DCA2018-00003 11/27/2018 PUBLIC HEARING,STAFF REPORT TO THE CITY COUNCIL PAGE 1 OF 22 SECTION II. PLANNING COMMISSION RECOMMENDATION Planning Commission recommends approval by ordinance of the proposed development code text amendments (Attachment 1) as further amended by staff and with any alterations as determined through the public heating process. SECTION III. BACKGROUND INFORMATION AND PROJECT SUMMARY The Phase II Policy and Procedures project is the second part of a comprehensive effort to update the development code to incorporate recommendations from the 2013 Housing Strategies Report and the 2015 Strategic Plan Code Audit, streamline processes,modernize language, and provide a document that is easier to read,understand, and navigate.The first phase of the code update project, completed in 2017, concentrated on smaller non-policy issues and code reorganization.This phase has focused on policy changes related to housing, temporary shelter, strategic plan implementation,parking standards, small cell wireless,process and procedures,and also includes further reorganization and non-policy changes to language. This staff report covers the first part of the project and specifically focuses on the following code update areas: o Updates to housing policy,including: o Changes related to missing middle housing; o Changes to comply with Senate Bill 1051 (2017) o Changes to comply with federal law on group living and to regulate temporary shelter uses; o Reorganizing and further consolidating the current code structure to provide design standards divisions; o Updates to parking policy and provision of an on-street parking credit; o Clarification of the process for approval of small cell wireless in the right-of-way; o Miscellaneous small changes in the Tigard Downtown Plan District; o Changes to land division,lot line adjustment,and director determination procedures; o Replacing or removing outdated and ineffective regulations;and o Addressing minor deficiencies in the code. The Tigard Planning Commission voted unaninmously to forward this recommendation for adoption to the City Council,with one change. The draft before the Planning Commission included provisions allowing temporary shelter as a temporary accessory use for religious institutions.The Commission felt strongly that this temporary use should also be allowed as a temporary accessory use for lodges, fraternal,and social organizations. The Commissioners offered that this use typically is located in similar places,has similar facilities such as commercial kitchens,and has gathering areas able to accommodate large numbers of people. The Commission also asked for clarification on the distinction between tiny homes and recreational vehicles. The proposed code will treat tiny homes on wheels as recreational vehicles,meaning that they cannot function as permanent housing.To be treated as such, tiny homes must be placed on a permanent foundation with permanent utility connections. Housing Policy The purpose of the updates related to housing policy is to implement the recommendations of the 2013 Housing Strategies Report and the Housing Options Task Force, and to comply with state and federal law. The 2013 Report included the following recommendations. PHASE II POLICY AND PROCEDURES DCA2018-00003 11/27/2018 PUBLIC HEARING,STAFF REPORT TO THE CITY COUNCIL PAGE 2 OF 22 • Recommendation CAl: Update the TCDC to add a new code section specific to cottage clusters. • Recommendation CA4: Adopt single-family attached housing standards as special development standards for use citywide. • Recommendation CA6: Amend TCDC 18.710.020 to allow more opportunities for ADUs as well as additional standards to address neighborhood compatibility. In addition, consider waiving or reducing system development charges (SDCs) for ADUs. In addition,the Comprehensive Plan includes the following recommended action measures: • Support housing types,such as shared housing, accessory dwelling units, smaller homes, cottage dusters, adult foster homes,and other assisted living arrangements that allow the elderly to remain in their community as their needs change. • Develop infill design and/or cottage cluster housing standards to ensure that new housing constructed within existing residential neighborhoods complements and is compatible with existing development. The proposed development and design standards for missing middle housing types are intended to ensure that these housing types are both economically feasible and compatible with existing development. Senate Bill 1051,passed in 2017,requires that the City of Tigard allow all types of accessory dwelling units wherever single detached houses are allowed. Previously, the code only allowed internal and attached accessory dwelling units.The proposed code brings the city into compliance with state law, follows the recommendations of the 2013 Housing Strategies Report,and implements recommendations from the Department of Land Conservation and Development (DLCD),the Housing Options Task Force,and public comment to allow up to two accessory dwelling units per lot,with only one of those units allowed as detached. In addition,the code has been updated to recognize the growing lack of distinction between attached and internal accessory dwelling units and duplexes.The duplex housing type has been removed from the code and the size of internal and attached units has been restricted to not exceed the primary unit. In practice,the city's code does not restrict household size,and only restricts the size of a house based on setbacks and maximum height.This means that under the current code,a house could be built to the maximum size and hold any number of people allowed under building code.The only thing that would distinguish a household of 8 from two households of 4 is the number of ovens allowed, since only the range is used to determine a separate dwelling unit. Further,excessive size restrictions on internal and attached units renders basement ADUs infeasible where the basement footprint matches that of the first floor, even though there are no external impacts. Another policy change relates group living and transitional housing. Federal law precludes differential treatment of group living uses.All restrictions on group living have been amended to match the restrictions on household living. The final changes to housing policy relate to temporary shelter.Previously,the code provided for a "transitional housing"use category,which was overly broad in its applicability and treated certain protected classes differentially. This use category has been removed, and a new"temporary shelter"use category has been created. This new use category is not considered a residential use, and as such,is listed under the Civic/Institutional use categories.The key distinction between residential uses and temporary shelter is based on tenancy,not on the tenants served. In application, temporary shelters are treated much the same as commercial lodging,where tenancy can be arranged on less than a month-to-month basis. Similar to the prohibition on commercial lodging in residential zones,temporary shelter is also prohibited in these zones.A major distinction between commercial lodging and temporary shelter is that commercial lodging is typically operated by a for-profit business that is directly compensated by their tenants for their stay while temporary shelter is typically operated by a non-profit that is not directly compensated by the tenants for their stay. PHASE II POLICY AND PROCEDURES DCA2018-00003 11/27/2018 PUBLIC HEARING,STAFF REPORT TO THE CITY COUNCIL PAGE 3 OF 22 Temporary shelter has also been added as an allowed temporary accessory use for religious institutions and social and fraternal organizations.This change provides clear criteria for service providers such as Family Promise of Tualatin Valley to provide important shelter services on a limited basis through local religious institutions. Strategic Plan The proposed code changes implement some specific recommendations from the Strategic Plan Code Audit, including: • Adding definitions for sidewalk,path,and trail; • Allowing land dedicated to paths and trails to be subtracted from net development area when placed in an easement; • Reducing the minimum dimensions for off-street parking spaces; • Updated language to specifically refer to the Transportation System Plan and the Trails System Master Plan in land division chapters. • Moved pedestrian connectivity standards in the Design Compatibility Standards,where they were applicable only in certain circumstances,to the development standards for rowhouses; In addition, the strategic plan was considered when creating the development standards for all missing middle housing types. On-site paths that meet federal and state accessibility standards are a requirement of all missing middle development. The street frontage and the pedestrian environment were key considerations in ensuring neighborhood compatibility. Reorganizing and Consolidating The purpose of reorganizing and consolidating the development code is to implement new development standards divisions. These changes include the moving of several chapters to other locations,as well as the creation of several new chapters, some of which are simply placeholders at this time. Chapters 18.210, Accessory Structures and 18.220,Residential Compatibility Standards have been removed and their contents incorporated into other chapters. Chapter 18.200 has been changed from Building Development Standards to Residential Development Standards,and the 200 division has been updated to include the development standards for all housing types,including Accessory Dwelling Units and Mobile Home Parks,which were moved from Chapter 18.410 and 18.420,respectively. Similarly, Chapters 18.310, Off Street Parking and Loading and 18.320,Landscaping and Screening were moved to the 400 division, Supplemental Development Standards.This makes sense as these are supplementary to other development standards. Chapter 18.300 has been changed from Site Development Standards to Nonresidential Development Standards,and the 300 division has been updated to include development standards for Commercial,Industrial,and Parks development.These chapter are placeholders for the moment and will be updated in a future code update. Parking Policy Updates The Off-Street Parking and Loading chapter was poorly organized and worded,and contained several obsolete provisions.The chapter was reorganized to use a similar format to other chapters,and many of the provisions were reworded for clarity. Several obsolete or outdated provisions were removed.The intent of these changes are to improve the clarity and usability of this chapter for both staff and applicants. PHASE II POLICY AND PROCEDURES DCA2018-00003 11/27/2018 PUBLIC HEARING,STAFF REPORT TO THE CITY COUNCIL PAGE 4 OF 22 In addition,an on-street parking credit provision was added.This is a common credit in other Metro-area jurisdictions,and is a key recommendation of the 2013 Housing Strategies Report, since excessive parking provision for residential uses drives up costs. Recommendation CA7: Consider revising parking standards to allow for the following,either on a citywide basis or in areas with existing or planned future high capacity or other frequent transit service: • On-street parking credits •Reduced or simplified parking space requirements for affordable, senior and/or other housing projects This is also a forward-looking change, as it is likely that the average number of vehicles per household is likely to drop in the coming decades,with ridesharing and autonomous vehicles dramatically reshaping the transportation landscape. Small Cell Wireless The proposed code changes clarify how small cell wireless facilities are treated when they are to be installed in rights-of-way. Currently,because the code does not directly address these newer types of wireless infrastructure,they are treated the same as any other antenna installation,requiring a site development review or conditional use permit, depending on the zone. The reality is that small cell wireless infrastructure is much different than other types of wireless infrastructure. These antennas, typically installed on street lights,power poles,traffic signals, or other public infrastructure are smaller in form and have a reduced service area.As a result, they are typically installed in more of a distributed format that provides better coverage. The antennas are typically not visually obtrusive and provide essential functions for the rollout of"5G"wireless service. The code changes clarify that small cell wireless installations in the right-of way are not subject to land use regulation,but are instead subject to franchise agreements,leases,and engineering standards.This change has been coordinated with Public Works and Engineering staff,who are developing their own standards for installation and maintenance of this type of infrastructure. Tigard Downtown Several changes clarify what types of development are subject to downtown design review. In addition, certain regulations, such as stepbacks,were found to be undesirable and have been removed altogether. Procedures The procedures provided in Chapters 18.810,Lot Line Adjustments, Chapter 18.820,Land Partitions,and Chapter 18.830,Subdivisions were updated to allow for lot creation for the purposes of missing middle housing.Lots created for missing middle housing are subject to deed restrictions to ensure that what would otherwise be non-conforming lots are used only for the stated purpose. In addition,language in all three chapters was updated to be consistent. The procedures for Director Determinations were also streamlined and changed to clarify that the determinations utilize the Type I process. Outdated/Ineffective Regulations Within some chapters,certain provisions have become outdated or obsolete.These provisions have been removed. Most of these changes are small, and specific instances are reflected in the code commentary. PHASE II POLICY AND PROCEDURES DCA2018-00003 11/27/2018 PUBLIC HEARING,STAFF REPORT TO THE CITY COUNCIL PAGE 5 OF 22 Minor Deficiencies and Language Updates Many small changes have been made,most related to language changes. Other small miscellaneous changes have been made to correct deficiencies collated by staff over the previous few years.These small changes are reflected in the commentary. Summary of Code Changes This section provides a finer level of detail of the changes proposed for each new chapter of the revised development code. Some types of changes are common throughout the code. These types of changes unify and standardize the entire development code through using consistent phrasing, terminology, and formatting. Terminology changes made throughout the code include: • The word"shall"has been mostly removed from the code.This change is being made because"shall" can be legally murky,and has interpreted by the courts to mean"must"or"may". In most cases where the word"shall"indicated a mandatory requirement for a party other than the city,it has been changed to "must". In most cases where the word"shall"indicated an action to be undertaken by the city or a specific city employee or body,it has been changed to"will". In cases where the words"shall not"were used, either the phrase was changed to"may not", or the wording was changed to use the word "prohibited". • The word"permitted"has been replaced with"allowed"where the specific instance does not involve issuance of a permit. • The word"yard"has been replaced with"setbacks"throughout the code for consistency and clarity. • The phrase"single-family residential"has been replaced with "single detached houses"or in some cases with"single detached houses and rowhouses". • The phrase"multi-family residential"has in most cases been replaced with"apartments" or in some cases "apartments and rowhouses". • The phrase"attached houses"has been replaced by"rowhouses". • The code was updated to use the word"lot" only.The code previously used the words"lot","parcel", "tract",and sometimes "site"interchangeably. • Items with a parenthetical plural suffix—(s)—were changed to singular, as the code specifically states that the singular is inclusive of the plural. • The word"lapse"was changed to"expire". • The phrase"side facing street on corner and through lots"was shortened to"street side". • The phrase"distance between front of garage and property line abutting a public or private street" related to setbacks was shortened to"garage" or"garage setback". • References to variances have been removed,as they are not necessary with a general adjustment. Certain chapters of the code are moved and renumbered, some are removed entirely, and others are added. These changes are summarized in Attachment 2 of this staff report. In the proposed draft, chapters with significant changes not covered above include commentary pages. Chapters that do not contain commentary pages do not contain significant changes. Chapters that are new also include some commentary. Chapter specific changes are discussed below. If a chapter does not include significant changes it is not listed. PHASE II POLICY AND PROCEDURES DCA2018-00003 11/27/2018 PUBLIC HEARING,STAFF REPORT TO THE CITY COUNCIL PAGE 6 OF 22 Chapter 18.10 Legal Framework This chapter is updated to explain the use of language as detailed above and to provide a means for the director to waive certain portions of the code where it conflicts with federal and state law requiring accommodations for disabled persons. Chapter 1830 Definitions The definitions chapter is reorganized to utilize section numbers that correspond with the first letter of words. This means that all words beginning with"A" are in Section A,all words starting with"B" are in Section B, and so forth.This makes the chapter easier to navigate and allowed definitions to be added and removed without renumbering the entire chapter each time. The chapter is also updated to move certain transportation- related definitions into a separate grouping. Definitions related to housing are updated or added,including definitions for new missing middle housing types and the removal of single-family and multi-family designations. Definitions for"attached"and"detached are also added. The definitions for"building"and"structure" are updated,because there was previously no distinction between the two and the definition was overly broad. Lot-related definitions are updated, and the code is revised to use only the word"lot"whereas it previously used"lot", "parcel", and"tract"interchangeable.The definition of"lot of record" is reworded to clarify the criteria for determining a lot of record.A definition of"unit of land" is added. Chapter 18.40 Measurements This chapter is revised to split the calculation of net development area and residential density into two separate sections. Provisions for determining the plane of a building wall,which were not used in the code, are removed. Measurement for floor area and floor area ratio are added.A new measurement is provided for specific situations where accessory dwelling units are added into existing accessory structures. Chapter 18.50 Nonconforming Circumstances This chapter contains provisions for nonconforming lots,nonconforming uses,and nonconforming development. The proposed draft removes a section called"Nonconforming uses of development"which was redundant with the other provisions of the chapter. Chapter 18.60 Use Categories This chapter is updated to remove the"Transitional Housing"use category and add a new"Temporary Shelter"use category. Provisions were added to allow Temporary Shelter as an allowed accessory use subject to the provisions of Chapter 18.440,Temporary Uses.The'Wholesale Sales" category was updated to "Wholesale Sales and Equipment Rental" to reflect the actual uses in the category. Chapter 18.110 Residential Zones PHASE II POLICY AND PROCEDURES DCA2018-00003 11/27/2018 PUBLIC HEARING,STAFF REPORT TO THE CITY COUNCIL PAGE 7 OF 22 This chapter was updated to remove development standards,including Table 18.110.3. Development standards are now provided in the individual chapters for each housing type.This chapter now includes only information on the allowed uses and housing types in the zone. Chapter 18.120 Commercial Zones This chapter was updated to remove redundant language,and to consolidate and clarify the tables and footnotes. The MU-CBD,MUC-1, and TMU zones were removed from the development standards table because these zones are unique to plan districts and any provided standards were moved to the appropriate plan district chapter. 18.200 Residential Development Standards The Building Development Standards division contains nine chapters,which provide regulations for residential development. Chapter 18.210 Residential General Provisions This is a new chapter but contains development standards and provisions from Chapter 18.110,Residential Zones that are broadly applicable to all housing types. Chapter 18.220 Accessory Dwelling Units This chapter is moved from former Chapter 18.410 and updated to comply with Senate Bill 1051. Policy changes include the allowance of detached accessory dwelling units, up to two accessory dwelling units per lot, and an increase in the allowed square footage of internal and attached accessory dwelling units. Chapter 18.230 Apartments This chapter is new,and includes development standards moved from Chapter 110,Residential Zones. Chapter 18.240 Cottage Clusters This chapter is new and provides standards for a new housing type. Cottage clusters must contain 4-12 units, and be arranged around a common open space.The units are limited in size,at an average of 1,100 square feet or less. Height is restricted to 25 feet. Landscaping and screening standards are provided to ensure compatibility. Chapter 18.250 Courtyard Units This chapter is new and provides standards for a new housing type. Courtyard units must contain 5-12 units, and be arranged around a common open space. The units are limited in size to an average of 1,000 square feet or less. Height is restricted to 25 feet. Landscaping and screening standards are provided to ensure compatibility. Chapter 18.260 Mobile Home Parks PHASE II POLICY AND PROCEDURES DCA2018-00003 11/27/2018 PUBLIC HEARING,STAFF REPORT TO THE CITY COUNCIL PAGE 8 OF 22 This chapter is moved from former Chapter 18.420 and updated to comply with state law regarding manufactured housing and clear and objective standards. Manufactured housing language was removed from the chapter and it now solely focuses on mobile home parks and subdivisions. Chapter 18.270 Quads This chapter is new and provides standards for a new housing type. Quad units are built on slightly larger lots and contain four units,with two on a ground floor and two on a second floor.The units are limited in size to 1,000 square feet or less.Landscaping and screening standards are provided to ensure compatibility. Chapter 18.280 Rowhouses This chapter is new,and includes development standards moved from Chapter 18.110,Residential Zones and the former Chapter 18.220,Residential Compatibility Standards. New standards require shared access between two adjacent units. Chapter 18.290 Single Detached Houses This chapter is new,and includes development standards moved from Chapter 18.110,Residential Zones. 18300 Nonresidential Development Standards The Building Development Standards division contains five chapters,which provide regulations for nonresidential development. Chapter 18.310 Nonresidential General Provisions This is a new chapter but contains development standards and provisions from Chapters 18.120,Commercial Zones, 18.130 Industrial Zones, and 18.140,Parks and Recreation Zones that are broadly applicable to all development types. Chapter 18320 Commercial Development Chapter 18330 Industrial Development Chapter 18340 Parks and Recreation Development These chapters are new. Each is a placeholder for forthcoming development standards. Chapter 18.410 Off-Street Parking and Loading This chapter was moved from 18.310 and was updated to remove obsolete and unnecessary regulations. In addition,much of the chapter was reworded for clarity and brevity.An on-street parking credit section was added that allows for a 1-to-1 substitution of on-street spaces for required off-street spaces. This credit is only available to residential uses in the R-3.5,R-4.5,R-7,and R-12 zones and religious institutions.The credit for religious institutions was already provided for in this chapter,but was combined with the residential credit for ease of use. PHASE II POLICY AND PROCEDURES DCA2018-00003 11/27/2018 PUBLIC HEARING,STAFF REPORT TO THE CITY COUNCIL PAGE 9 OF 22 Restrictions ensure that credits are only issued in cases where adequate and unrestricted on-street parking exists.The on-street spaces must be of a minimum size, and along curbed right-of-way. Granting of the credit does not provide the applicant with exclusive use of the parking,which remains available for all public use. Chapter 18.420 Landscaping and Screening This chapter was updated to include information in Table 18.420.1 that was previously provided in the footnotes of Table 18.120.3. Chapter 18.430 Marijuana Facilities This chapter was updated to clarify that marijuana facilities are not allowed in the TMU zone.This information was previously provided only in the Tigard Triangle Plan District chapter and as a result was not readily available to applicants seeking information on allowed locations.Another change is the result of an oversight in the wording of the chapter as originally adopted.A provision requiring main entrances to open to Highway 99W was inadvertently applied to all uses rather than to retail uses,as originally intended. The language has been updated to correct this error. Chapter 18.435 Signs This chapter was updated to remove language regarding building code compliance,which is not necessary in the development code. In addition,language requiring inspections of signs by the director was removed, although the director retains the power to inspect if a violation of the code is believed to exist. Some language was removed because it was redundant,and references to adjustments,variances,and exceptions were removed, as they are not needed with a general adjustment. A new permit exemption was added for banners in the right-of-way in the MU-CBD zone. This permit exemption requires that the banner be approved by the city engineer through an encroachment permit and limits the display of each banner to 60 days or less in a calendar year. Chapter 18.440 Temporary Uses The temporary uses chapter was updated to allow temporary shelter as an accessory use to religious institutions and social and fraternal organizations under conditions. The use is allowed only for up to 20 people at one time,any stay must be 30 days or less,and the accessory use must not provided more than a total of 90 days in a calendar year. Chapter 18.450 Wireless Communication Facilities This chapter was updated to clarify how small cell wireless facilities are treated when they are to be installed in rights-of-way. Currently,these uses require a site development review or conditional use permit,depending on the zone. Small cell wireless infrastructure is much different than other types of wireless infrastructure that typically requires these review types.These antennas,typically installed on street lights,power poles,traffic signals, or other public infrastructure axe smaller in form and have a reduced service area. PHASE II POLICY AND PROCEDURES DCA2018-00003 11/27/2018 PUBLIC HEARING,STAFF REPORT TO THE CITY COUNCIL PAGE 10 OF 22 The code changes clarify that small cell wireless installations in the right-of way are not subject to land use regulation,but are instead subject to franchise agreements,leases,and engineering standards.This change has been coordinated with Public Works and Engineering staff,who are developing their own standards for installation and maintenance of this type of infrastructure. Chapter 18.510 Sensitive Lands The density transfer procedures from Chapter 18.110,Residential Zones were specific to sensitive lands. The Sensitive Lands chapter contains procedures only for a density reduction process. Rather than provide density transfer and reduction in two separate chapters,the transfer procedures were moved to this chapter. Chapter 18.620 Bridgeport Village Plan District This chapter was updated to include development standards that were previously provided in Table 18.120.3. Chapter 18.650 Tigard Downtown Plan District Language was added to this chapter to clarify that certain changes do not trigger a design review: • a change of use in a building that fronts Main Street,and • a change of any exterior elements on facades that do not face the street. Some language regarding bonding and assurances was removed since it was redundant with other chapters. Development standards for the MU-CBD zone were provided in two places: this chapter and Chapter 18.120, Commercial Zones. The standards provided in 18.120 were moved into the plan district chapter for ease of use and consistency. A requirement that buildings over 3 stories provide a stepback was removed at the request of the Redevelopment Manager, as that provision proved impracticable. Chapter 18.730 Director Determinations The previous procedure provided in this chapter did not use a specified review type; however, other sections of code clarified that a Type I procedure was to be used for a determination. To provide consistency and clarity, the chapter was rewritten to simplify the process for obtaining a Director Determination and to use only the Type I procedure. The language regarding code interpretations was removed; interpretations are considered a type of determination. There are typically no specific approval criteria for a Director Determination. However, chapters that provide criteria for a specific type of determination are clearly referenced. Chapter 18.760 Home Occupations This chapter was updated to prohibit Type II home occupations in missing middle housing development and on lots with more than 1 accessory dwelling unit. This is to prevent impacts from customers visiting these types of development,to ensure that they remain compatible with the surrounding neighborhood. Language regarding the storage of commercial vehicles was clarified,by referencing the commercial vehicle definition provided in the Oregon Vehicle Code. PHASE II POLICY AND PROCEDURES DCA2018-00003 11/27/2018 PUBLIC HEARING,STAFF REPORT TO THE CITY COUNCIL PAGE 11 OF 22 Chapter 18.810 Lot Line Adjustments and Consolidations Chapter 18.820 Land Partitions Chapter 18.830 Subdivisions These chapters were updated to accommodate the creation of lots for missing middle housing types.Because a lot created for this type of development would be nonconforming for other types of development,the land division chapters require the recording of a deed restriction on a lot proposed for missing middle development. This deed restriction can only be removed through a subsequent land division process that brings the lot into conformance with another type of development.The deed restriction is required to be recorded at the time the final plat is recorded. Additionally,the chapters were updated to require that lots must meet the density and dimensional standards for the housing type proposed for each lot. Those standards are provided in the individual development standards chapters.This allows the code to provide differing standards that are appropriate to each housing type. Finally, dimensional requirements for flag lots that were previously provided in 18.40,Measurements have been moved into the approval criteria in Chapter 18.810 and 18.820,which are the land division procedures that allow the creation of flag lots. Changes to City Council Draft There were only minor changes from the Planning Commission draft and the City Council draft. The changes include: • updating the definition of small cell wireless facilities and public infrastructure based on public comment, • providing procedures for installation of small cell poles in the public right-of-way, • adding provisions allowing temporary shelter as a temporary accessory use to social/fraternal club/lodge uses, subject to limitations in the temporary uses chapter, • using consistent use categories in use tables, and • changing the term"entry" to "entrance"throughout the code; • added a description of rowhouses to the purpose statement of the rowhouse development standards; • clarified that side and rear setbacks are minimum standards in the rowhouse development standards; • changed the definition of tiny house from a type of manufactured home to a type of recreational vehicle;and • various numbering and reference fixes. SECTION IV. APPLICABLE CRITERIA, FINDINGS AND CONCLUSIONS STATEWIDE PLANNING GOALS AND GUIDELINES State planning regulations require cities to adopt and amend Comprehensive Plans and land use regulations in compliance with the state land use goals. Because the proposed code amendments have a limited scope and the text amendments address only some of the topics in the Statewide Planning Goals, only applicable statewide goals are addressed below. Statewide Planning Goal 1—Citizen Involvement: PHASE II POLICY AND PROCEDURES DCA2018-00003 11/27/2018 PUBLIC HEARING,STAFF REPORT TO THE CITY COUNCIL PAGE 12 OF 22 This goal outlines the citizen involvement requirement for adoption of Comprehensive Plans and changes to the Comprehensive Plan and implementing documents. FINDING: This goal has been met in multiple ways, guided by a Citizen Involvement Plan created in November of 2017. A Housing Options Task Force was formed by City Council resolution on December 5, 2017. This task force was convened six times from January 2018 to July 2018, and provided guidance on policy changes related to housing. The committee was made up of the Planning Commission chair, a representative from the Town Center Advisory Committee, a representative from the Tigard Transportation Advisory Committee, a representative from an affordable housing provider,and three at-large members. The Task Force also participated in a Housing Options Open House, held at the Tigard Public Library on June 13, 2018. This event allowed the project manager and the task force to present proposed policy changes to the public and receive feedback. The open house received local media coverage both prior to and after the event, and was well-attended. A Housing Options web page was provided on the city's website that summarized the information presented at the Open House and requested further comments. In addition, a community engagement website that directly interacts with Tigard residents and asks for input prominently featured the Housing Options code changes. Local media continued to cover the project,with an article appearing in the Tigard Times on May 13,2018 and an editorial appearing in the same paper on June 27, 2018. An article was published in Tigard Life on June 13, 2018. Comments received from the open house and through the website allowed the Task Force and staff to further review and refine the proposed policy changes. A discussion draft of the proposed code changes was published to the city's website on September 10,2018. Notice commensurate with state law and Measure 56 was mailed on September 11,2018 to all property owners in the R-40 zone informing of the proposed change to prohibit future development of rowhouses in this zone. Notice was sent to affected government agencies by US Postal Service and email on September 12,2018. Notice of the City Council hearing was sent to the interested parties list by email on October 15,2018. The final City Council draft of the code package was published to the Housing Options webpage of the City's website on November 1,2018. The notice requirements set forth in Section 18.710.110 (Legislative Procedure) were met. A notice was published in the Tigard Times newspaper on September 13, 2018. A minimum of two public hearings will be held (one before the Planning Commission and the second before the City Council) at which an opportunity for public input is provided. A minimum of three drafts of the proposed code changes (Discussion Draft, Proposed Draft to the Planning Commission, and Planning Commission Recommendation to City Council) will be made available to the public for review prior to hearings and adoption. This goal is satisfied. Statewide Planning Goal 2—Land Use Planning: This goal outlines the land use planning process and policy framework FINDING: The Department of Land Conservation and Development (DLCD) has acknowledged the PHASE II POLICY AND PROCEDURES DCA2018-00003 11/27/2018 PUBLIC HEARING,STAFF REPORT TO THE CITY COUNCIL PAGE 13 OF 22 City's Comprehensive Plan as being consistent with the statewide planning goals. The Development Code implements the Comprehensive Plan. The Development Code establishes a process and standards to review changes to the Tigard Development Code in compliance with the Comprehensive Plan and other applicable state requirements. As discussed within this report, the applicable Development Code process and standards have been applied to the proposed amendment. This goal is satisfied. Statewide Planning Goal 10—Housing: This goal requires cities and counties to provide adequate capacity for needed housing. OAR Chapter 660 Division 8, which implements Goal 10, states that "the purpose of the division is to ensure opportunity for the provision of adequate numbers of needed housing units, the efficient use of buildable land within urban growth boundaries, and to provide greater certainty in the development process so as to reduce housing costs." FINDING: The city conducted an analysis of housing needs and capacity in 2012 as part of an update to Chapter 10 of the Tigard Comprehensive Plan. This analysis found the capacity to build 6,714 units on 600 acres throughout the city.The analysis also found that 6,545 new units were needed by 2032. Once the types of needed housing were compared with the inventory of buildable lands,the capacity dropped to 6,457,a shortfall of 88 units. The proposed code changes do not decrease housing supply or capacity.They support more housing diversity, and allow increased housing capacity in exchange for development of smaller housing units.The code changes will not decrease housing supply or capacity. New missing middle housing types include in the code changes allow for a more efficient use of land, particularly land that would otherwise be marginally developable.Because missing middle housing remain on a single lot,larger lots that may be constratined by sensitive lands or topography can include housing in the developable portions of the lot while protecting natural resources.Lots with these types of constraints may not be developable for single detached houses due to density and lot size requirements. The city may only apply clear and objective standards to housing under Goal 10.These code changes have removed any standards that were not clear and objective, and have provided only clear and objective standards to all newly allowed housing types. This goal is satisfied. CONCLUSION: Based on the findings above and the related findings below, staff finds the proposed code amendments are consistent with applicable Statewide Planning Goals. METRO'S URBAN GROWTH MANAGEMENT FUNCTIONAL PLAN State planning regulations require cities within the Metro service area to adopt and amend Comprehensive Plans and land use regulations in compliance with Metro's Urban Growth Management Functional Plan. Because the proposed Code Amendments have a limited scope and the text amendments address only some of the topics in METRO's Urban Growth Management Functional Plan, only applicable Titles are addressed below. Title 1—Housing Capacity The Regional Framework Plan calls for a compact urban form and a"fair-share" approach to meeting regional housing needs. It is the purpose of Title 1 to accomplish these policies by requiring each city and county to maintain or increase its housing capacity except as provided in section 3.07.120. FINDING: Title 1 has been met by increasing the housing capacity in Tigard. Missing middle housing types included in the proposed code changes provide for incremental capacity growth that is compatible with existing PHASE II POLICY AND PROCEDURES DCA2018-00003 11/27/2018 PUBLIC HEARING,STAFF REPORT TO THE CITY COUNCIL PAGE 14 OF 22 neighborhoods. Each of the standards provided in 3.07.120 Housing Capacity sets minimum zoned capacity, which is not affected by the proposed changes. In addition, the final standard states that a"city or county shall authorize the establishment of at least one accessory dwelling unit for each detached single-family dwelling unit in each zone that authorizes detached single-family dwellings." The proposed code changes exceed this standard by providing up to two accessory dwelling units for each detached dwelling unit.This title is satisfied. Title 6—Centers, Corridors, Station Communities and Main Streets The Regional Framework Plan identifies Centers, Corridors, Main Streets and Station Communities throughout the region and recognizes them as the principal centers of urban life in the region. Title 6 calls for actions and investments by cities and counties, complemented by regional investments, to enhance this role. A regional investment is an investment in a new high-capacity transit line or designated a regional investment in a grant or funding program administered by Metro or subject to Metro's approval. FINDING: The proposed code changes have little effect on the city's adopted Town Centers — the Downtown Plan District and the Tigard Triangle Plan District—because each of these districts already provide for increased housing capacity through allowances for mixed-use and incremental development, as well as increased height allowances. The city's regional center—the Washington Square Plan District—already includes allowances for most housing types. The proposed code changes would add the three missing middle housing types as an allowed use in the MUR-1 and MUR-2 zones, the residential mixed-use zones of the Washington Square Plan District. Section 3.07.640(c) of Title 6 states: "Centers, Corridors, Station Communities and Main Streets need a mix of housings [sic] types to be vibrant and successful. The following mix of housing types is recommended for each: (1) The types of housing listed in the "needed housing" statute, ORS 197.303(1); (2) The types of housing identified in the city's or county's housing need analysis done pursuant to ORS 197.296 or statewide planning Goal 10 (Housing); and (3) Accessory dwellings pursuant to section 3.07.120 of this chapter." The city's adopted housing needs analysis from 2013 specifically recommends allowing missing middle housing types. Unfortunately, many of the lands included in the MUR-1 and MUR-2 zones are constrained by sensitive lands. Because missing middle housing types can make more efficient use of constrained lands by building around sensitive lands without regard to creating lots sized for single detached housing, they are an appropriate type for inclusion in these two zones. This title is satisfied. Title 7—Housing Choice The Regional Framework Plan calls for establishment of voluntary affordable housing production goals to be adopted by local governments and assistance from local governments on reports on progress towards increasing the supply of affordable housing. FINDING: Title 7 has been met by increasing the capacity for housing choice in Tigard. Section 3.07.730 of Title 7 states that: "cities and counties within the Metro region shall ensure that their comprehensive plans and implementing ordinances: (a) Include strategies to ensure a diverse range of housing types within their jurisdictional boundaries. (b) Include in their plans actions and implementation measures designed to maintain the existing supply of affordable housing as well as increase the opportunities for new dispersed affordable housing within their boundaries. (c) Include plan policies, actions, and implementation measures aimed at increasing opportunities for households of all income levels to live within their individual jurisdictions in affordable housing." Title 7 does not specify what is meant by "affordable housing". Staff interprets the mandate to include not just regulated affordable housing, but naturally-occurring affordable housing and housing made affordable by a range of choices in size. The proposed code changes encourage greater housing diversity and choice in Tigard, leading to more affordable choices for families and individuals, and ensuring opportunities for affordable home ownership and rental for all income levels and household sizes. This title is satisfied. PHASE II POLICY AND PROCEDURES DCA2018-00003 11/27/2018 PUBLIC HEARING,STAFF REPORT TO THE CITY COUNCIL PAGE 15 OF 22 Title 8—Compliance Procedures A city or county proposing an amendment to a comprehensive plan or land use regulation shall submit the proposed amendment to the COO at least 35 days prior to the first evidentiary hearing on the amendment. The COO may request, and if so the city or county shall submit, an analysis of compliance of the amendment with the functional plan. If the COO submits comments on the proposed amendment to the city or county, the comment shall include analysis and conclusions on compliance and a recommendation with specific revisions to the proposed amendment, if any, that would bring it into compliance with the functional plan. The COO shall send a copy of comment to those persons who have requested a copy. FINDING: Notice and a copy of the proposed code amendments were provided to Metro on August 27, 2018. No comments were received. CONCLUSION: Based on the findings above, staff finds that the proposed code amendment is consistent with Metro's Urban Growth Management Functional Plan. TIGARD COMPREHENSIVE PLAN State planning regulations require cities to adopt and amend comprehensive plans and land use regulations in compliance with the state land use goals and consistent with their adopted comprehensive plan goals and policies. Because the development code amendments have a limited scope and the text amendments address only some of the topics in the Tigard Comprehensive Plan, only applicable comprehensive plan goals and associated policies are addressed below. Comprehensive Plan Goal 1: Citizen Involvement Policy 1.1.2: The City shall define and publicize an appropriate role for citizens in each phase of the land use planning process. FINDING: See the findings for Statewide Planning Goal 1 for details on citizen involvement. This goal is satisfied. Comprehensive Plan Goal 2: Land Use Planning Policy 2.1.1: The City's land use program shall establish a clear policy direction, comply with state and regional requirements, and serve its citizens' own interests. FINDING: The proposed text amendments to the development code comply with all state and regional requirements, as the previous findings indicate. The proposed amendments provide clarification to ambiguous, redundant, and contradictory language in the development code. The proposed amendments also establish a clear policy direction for the approval of housing types. The proposed text amendments have been reviewed by two citizen committees — the Housing Options Task Force and the Planning Commission. Each committee forwarded recommendations to adopt to the Council.This policy is satisfied. Comprehensive Plan Goal 2: Land Use Planning Policy 2.1.2: The City's land use regulations, related plans, and implementing actions shall be consistent with and implement its Comprehensive Plan. FINDING: As demonstrated in this staff report, the proposed amendments to the Tigard Development Code are consistent with the Tigard Comprehensive Plan. This policy is satisfied. Policy 2.1.3: The City shall coordinate the adoption, amendment, and implementation of its land use program with other potentially affected jurisdictions and agencies. PHASE II POLICY AND PROCEDURES DCA2018-00003 11/27/2018 PUBLIC HEARING,STAFF REPORT TO THE CITY COUNCIL PAGE 16 OF 22 FINDING: Copies of the proposed text amendments were sent to affected agencies and each agency was invited to comment on the proposal, asd discussed in Section V of this report. Comments submitted by affected agencies have been incorporated into this report and the proposed amendments. This policy is satisfied. Policy 2.1.4: The City's land use program shall promote the efficient use of land through the creation of incentives and redevelopment programs. FINDING: The proposed amendments include provisions that will allow for the efficient use of land. An incentive is provided to provide smaller housing units in exchange for greater unit capacity. These changes will allow the redevelopment of marginal properties that would not have produced increased housing capacity otherwise. This policy is satisfied. Policy 2.1.12: The City shall provide a wide range of tools, such as planned development, design standards, and conservation easements,that encourage results such as: A. High quality and innovative design and construction; B. Land use compatibility; C. Protection of natural resources; D. Preservation of open space; and E. Regulatory flexibility necessary for projects to adapt to site conditions. FINDING: The proposed amendments include design standards that allow for each of the results (A through E) listed in Policy 2.1.12, above. Innovative design and construction is allowed through flexible standards for home size and site configurations that allow for greater housing choice. Land use compatibility is ensured through design standards that require appropriate size, scale, and screening of missing middle housing types. The flexibility allowed in the site configuration of missing middle housing developments allows for decreased disturbance and encroachment into natural resource areas. Required common areas in missing middle housing developments ensure adequate open space. All of these standards taken together allow greater flexibility for projects to adapt to site conditions.This policy is satisfied. Policy 2.1.23: The City shall require new development, including public infrastructure, to minimize conflicts by addressing the need for compatibility between it and adjacent existing and future land uses. FINDING: The development standards for each new housing type and for accessory dwelling units are designed to ensure compatibility with existing neighborhoods. The design standards place limits on the height, size, scale, and placement of each housing type to ensure that they blend into existing development patterns. This ensures that none of these housing types is taller than existing development or has significantly different setbacks or unit spacing. All new housing types included in the code amendments require adequate screening at the property line and around parking areas, minimizing visual conflicts with existing and future land uses. This policy is satisfied. Policy 2.1.24: The City shall establish design standards to promote quality urban development and to enhance the community's value,livability, and attractiveness. FINDING: Prior to this code amendment, design standards for residential development were limited in scope. These code amendments begin to fulfill the city's policy directive for design standards that ensure that the value, livability, and attractiveness of the city is preserved and increased. The aforementioned compatibility standards ensure that new development blends into existing neighborhoods. Standards for street-facing facades ensure that the pedestrian realm remains attractive and that housing does not present blank walls to the street. These design standards also meet the state requirement that they be clear and objective, which prevents PHASE II POLICY AND PROCEDURES DCA2018-00003 11/27/2018 PUBLIC HEARING,STAFF REPORT TO THE CITY COUNCIL PAGE 17 OF 22 subjective aesthetic criteria from being applied to residential development. The standards provided ensure that the city's goals and the state requirements are simultaneously met. This policy is satisfied. Comprehensive Plan Goal 10: Housing Policy 10.1.1: The City shall adopt and maintain land use policies, codes, and standards that provide opportunities to develop a variety of housing types that meet the needs, preferences, and financial capabilities of Tigard's present and future residents. FINDING: The city has expressed a desire through its Comprehensive Plan policies to provide opportunities for greater housing variety, to meet the needs of its present and future residents at all stages of life. In addition, the city has expressed a desire to provide greater economic integration through housing variety. The proposed code changes meet this policy directive by providing a process for development of new housing types that are limited in size.These limits are incentivized by an increased housing capacity that ensures that developments of that type are financially feasible. This in turn ensures that units are available to be sold or rented at price points that meet the needs of young families, singles,and senior citizens. This policy is satisfied. Policy 10.1.2: The City's land use program shall be consistent with applicable state and federal laws. FINDING: Senate Bill 1051,passed in 2017,requires that the city amend its development code to allow at least one detached, attached, or internal accessory dwelling unit for each single detached house. The proposed code amendments bring the city into compliance with this requirement. In addition, federal fair housing law requires that group living uses be treated the same as household living uses. The proposed code amendments bring the city into compliance with federal fair housing law.This policy is satisfied. Policy 10.1.3: The City shall support housing affordability, special-needs housing, ownership opportunities, and housing rehabilitation through programs administered by the state, Washington County,nonprofit agencies, and Metro. FINDING: The proposed code amendments support greater housing affordability and ownership opportunities by ensuring that adequate housing variety is allowed. Affordable housing, both regulated and non-regulated, requires flexibility in standards that make smaller housing unit production possible. First-time homeownership is dependent on the provision of smaller housing units that have a reduced up-front cost as well as lower maintenance and utility costs. This policy is satisfied. Policy 10.1.6: The City shall allow accessory dwelling units in appropriate residential districts,but shall require that they are compatible and blend into the overall residential environment. FINDING: State law now preempts this policy by requiring that the city allow all types of accessory dwelling units in all zones that allow single detached houses. Further, state law prohibits the adoption of standards for housing that are not clear and objective. The proposed code amendments ensure compatibility with existing residential neighborhoods without the use of subjective standards such as matching requirements and owner residency.This policy is satisfied. Policy 10.1.7: The City shall comply with federal and state housing laws, including the Fair Housing Act, as well as applicable implementing administrative rules and regulations. FINDING: The proposed code amendments bring the city into compliance with federal fair housing law. Federal fair housing law requires that group living uses be treated the same as household living uses. The code was updated to implement this change.This policy is satisfied. PHASE II POLICY AND PROCEDURES DCA2018-00003 11/27/2018 PUBLIC HEARING,STAFF REPORT TO THE CITY COUNCIL PAGE 18 OF 22 Policy 10.1.8: The City shall implement findings and recommendations from the 2013 Tigard Housing Strategies Report as incorporated in the Recommended Action Measures described in this Plan and further detailed in the Housing Strategies Report. FINDING: The proposed code amendments implement several findings and recommendations from the 2013 Housing Strategies Report, including updating the code to provide a new code section specific to cottage clusters, to provide attached housing standards citywide,to allow more types of accessory dwelling units, and to allow flexibility in parking standards including the provision of on-street parking credits.This policy is satisfied. Policy 10.2.5: The City shall encourage housing that supports sustainable development patterns by promoting the efficient use of land, conservation of natural resources,easy access to public transit and other efficient modes of transportation, easy access to services and parks, resource efficient design and construction,and the use of renewable energy resources. FINDING: The proposed code amendments allow the development of smaller housing units that provide for an efficient use of land and conservation of natural resources. Average home size since 1950 has soared from 1,000 square feet to over 2,500 square feet.The environmental impacts of new housing are primarily influenced by size. This is not just because of the material costs,but the energy consumed in climate control. Smaller units are more efficient to heat and cool. The code amendments ensure that smaller housing units are economically feasible, making it possible to lower environmental impacts and ongoing costs for residents. This policy is satisfied. Policy 10.2.8: The City shall require measures to mitigate the adverse impacts from differing, or more intense, land uses on residential living environments, such as: A. orderly transitions from one residential density to another; B. protection of existing vegetation, natural resources and provision of open space areas; and C. installation of landscaping and effective buffering and screening. FINDING: The proposed code amendments ensure compatibility of new housing types with existing neighborhoods through development standards that reduce their size, scale, and location on lots in relation to typical single detached house development. In addition, the standards include requirements for common open spaces and screening at property boundaries and around off-street parking areas.This policy is satisfied. Policy 10.2.9: The City shall require infill development to be designed to address compatibility with existing neighborhoods. FINDING: The design and development standards included in these amendments ensure that all new housing development is designed to be compatible with existing neighborhoods. These standards apply to all development,not just infill development, as detailed above. This policy is satisfied. Policy 10.2.10: The City shall regulate home-based businesses (occupations) to prevent adverse impacts on residential areas. FINDING: The proposed code amendments include provisions that prohibit the inclusion of Type II home occupations, those serving customers, in any of the missing middle housing developments. This ensures that any home occupations in these developments not generate additional traffic from customer visits and prevent adverse impacts on the surrounding neighborhood. This policy is satisfied. CONCLUSION: Based on the findings above, staff concludes that the proposed code text amendment is consistent with applicable provisions of the Tigard Comprehensive Plan. PHASE II POLICY AND PROCEDURES DCA2018-00003 11/27/2018 PUBLIC HEARING,STAFF REPORT TO THE CITY COUNCIL PAGE 19 OF 22 APPLICABLE PROVISIONS OF THE TIGARD DEVELOPMENT CODE Section 18.795: Map and Text Amendments 18.795.020 Legislative Amendments A. Approval process. Legislative amendments shall be processed through a Legislative procedure, as provided in Section 18.710.110. FINDING: The proposed amendments are legislative in nature. Therefore, the amendment will be reviewed under the legislative procedure as set forth in Chapter 18.710.This standard is satisfied. B. Approval considerations. A recommendation or a decision for a legislative amendment may be based on consideration of the applicable legal requirements. They may, but do not necessarily include: Oregon Revised Statues, Oregon Administrative Rules, one or more Statewide Planning Goals, Metro's Urban Growth Management Functional Plan and any other regional plans. FINDING: This criterion does not require consideration of the above listed legal requirements; however, applicable requirements have been considered in the findings and conclusion of Section IV above, including the applicable Statewide Planning Goals and Urban Growth Management Functional Plan requirements. This standard is satisfied. Section 18.710: Land Use Review Procedures 18.710.110 Legislative Procedure A. Notice of hearing. 1. All Legislative applications require two hearings, one before the planning commission and one before the city council. FINDING: A hearing before the Planning Commission was held on October 1, 2018. A hearing before the City Council was held on November 27,2018. This standard is satisfied. 2.A notice of hearing shall be provided as follows: a. At least 20 days prior to the hearing date, notice shall be mailed to individual property owners as required by state law FINDING: State law requires that individual property owners be notified when a change to a land use regulation limits or prohibits land uses previously allowed in the affected zone. Only one zone is affected by this requirement: the code changes will prohibit development of rowhouses in the R-40 zone. Notice was mailed to the affected property owner on September 11,2018. This standard is satisfied. Notice was mailed to the city's interested parties list on November 7,2018.This standard is satisfied. b. The director shall prepare an affidavit of mailing such notice that indicates the date that the notice was mailed to the necessary parties.The affidavit shall be made part of the record. FINDING:Affidavits were prepared and made part of the record.This standard is satisfied. c.At least 14 days prior to the hearing date, a notice of the hearing shall be given in a newspaper of general circulation in the city. The affidavit of publishing such notice shall be made part of the record. PHASE II POLICY AND PROCEDURES DCA2018-00003 11/27/2018 PUBLIC HEARING,STAFF REPORT TO THE CITY COUNCIL PAGE 20 OF 22 FINDING:A notice was published in the Tigard Times newspaper on September 13,2018.An affidavit of this notice was made part of the record. CONCLUSION: Based on the findings above, staff concludes that the proposed code text amendments are consistent with applicable provisions of the Tigard Development Code. SUMMARY CONCLUSION: As shown in the findings above, staff concludes that the proposed amendments are consistent with the applicable Statewide Planning Goals; METRO's Urban Growth Management Functional Plan; applicable Tigard Comprehensive Plan goals and policies, and the applicable provisions of the City's implementing ordinances. SECTION V. AGENCY COMMENTS City of Portland, City of Beaverton, City of Durham, City of Lake Oswego, City of Tualatin, City of King City, Washington County, TVF&R, METRO, DOGAMI, ODOT, DLCD, DEQ, ODFW, CWS, OR Dept. of Aviation, OR Historic Preservation Office, OR Public Utilities Commission, TTSD, Comcast Cable, Frontier Communications, NW Natural, Century Link, OHA, OLCC, PGE, Tigard Water District, Portland&Western Railroad, Inc.,Tualatin Hills Parks and Rec District, and Tri-Met were notified of the proposed code text amendments. The Department of Land Conservation and Development submitted written comments. Those comments and the staff response are included in Attachment 3. SECTION VI. PUBLIC COMMENTS The City received emails and phone calls about the project, during multiple phases of the project. During the course of regular business at the Permit Center, visitors were informed of the proposed code changes when expressing interest in accessory dwelling units. Some of these visitors submitted subsequent comments related to the project. During the advertising and promotion of the Housing Options Open House, the city actively sought comment on the proposed changes. After publication of the discussion draft of the proposed code changes, the city received comments from Jim Cahill,Joanne Shipley,Ralpha Newton,Proud Ground, and Wayne Chapman. After publication of the Planning Commission draft, the city received comments from Patti Winters,Yi-Kang Hu,Meridee Pabst(AT&T),Kim Allen (Verizon),and Carine Arendes. After the Planning Commission hearing, the city received comments from Matt Murfin, Francesca Dodson, Marilyn Manson,Wayne Chapman,and Alan Galloway of Davis,Wright,Tremain on behalf of T-Mobile. Public comments are included in Attachment 4. PHASE II POLICY AND PROCEDURES DCA2018-00003 11/27/2018 PUBLIC HEARING,STAFF REPORT TO THE CITY COUNCIL PAGE 21 OF 22 ATTACHMENTS: Attachments: 1. Draft Text Amendments—strikethrough with commentary 2. Reorganization Table 3. Agency Comments 4. Public Comments 5. Planning Commission Minutes November 15.2018 PREPARED BY: Schuyler Warren DA 1'E Associate Planner `/ k/C November 15.2018 APPROVED BY: Tom McGuire DATE Assistant Community Development Director PHASE II POLICY AND PROCEDURES DCA2018-00003 11/27/2018 PUBLIC HEARING,STAFF REPORT TO THE CITY COUNCIL PAGE 22 OF 22 EXHIBIT B Phase II Policy and Procedures Code Update Housing Policy, Parking, Wireless, and Omnibus City Council Draft - Clean November 27, 2018 TITLE 18 DEVELOPMENT CODE FOR THE CITY OF TIGARD TABLE OF CONTENTS 18.00 Introduction 18.10 Legal Framework 18.20 Administration and Enforcement 18.30 Definitions 18.40 Measurements 18.50 Nonconforming Circumstances 18.60 Use Categories 18.100 Base Zones 18.110 Residential Zones 18.120 Commercial Zones 18.130 Industrial Zones 18.140 Parks and Recreation Zone 18.200 Residential Development Standards 18.210 Residential General Provisions 18.220 Accessory Dwelling Units 18.230 Apartments 18.240 Cottage Clusters 18.250 Courtyard Units 18.260 Mobile Home Parks 18.270 Quads 18.280 Rowhouses 18.290 Single Detached Houses 18.300 Nonresidential Development Standards 18.310 Nonresidential General Provisions 18.320 Commercial Development 18.330 Industrial Development 18.340 Parks and Recreation Development 18.400 Supplemental Development Standards 18.410 Off-Street Parking and Loading 18.420 Landscaping and Screening 18.430 Marijuana Facilities 18.435 Signs 18.440 Temporary Uses 18.450 Wireless Communication Facilities 18.500 Special Designations 18.510 Sensitive Lands 18.520 Urban Forestry Table of Contents i Code Update:4/18 18.600 Plan Districts 18.610 Plan Districts 18.620 Bridgeport Village Plan District 18.630 Durham Advanced Wastewater Treatment Facility Plan District 18.640 River Terrace Plan District 18.650 Tigard Downtown Plan District 18.660 Tigard Triangle Plan District 18.670 Washington Square Regional Center Plan District 18.700 Land Use Applications and Review Types 18.710 Land Use Review Procedures 18.720 Annexations 18.730 Director Determinations 18.740 Conditional Use 18.750 Historic Overlay Zone 18.760 Home Occupations 18.770 Planned Developments 18.780 Site Development Review 18.790 Variances and Adjustments 18.795 Map and Text Amendments 18.800 Land Divisions 18.810 Lot Line Adjustments and Lot Consolidations 18.820 Land Partitions 18.830 Subdivisions 18.900 Streets and Utilities 18.910 Improvement Standards 18.920 Access,Egress and Circulation 18.930 Vision Clearance Areas Table of Contents ii Code Update:4/18 TABLE OF CONTENTS The proposed Table of Contents for the most part takes existing chapters of Title 18 and re organizes . • le - .- .. .- ..- Standards (18.700), which are designed to assist users to find the information they seek more readily. In .. . . . .. . .. . . . .. .. . . With regard to specific chapters: • N Ch pters. There are four new chapters: Accessory Residential Uses (18.705), Design Compatibility Standards (18.720), Water Resources Overlay District (18.797), and Wireless Metro 2040 Growth Management Functional Plan. The fourth d als with a relatively new land use, cellular towers, for which there are no existing regulations. • Consolidated Chapters. When appropriate,chapters have been combined. These include: Several administrative chapters(18.06 18.20)have been combined into a single chapter,General Administrative Provisions(18.210). The existing "Procedures for Making Decisions" chapters, Legislative Decisions (18.30) and Quasi Judicial Decisions (18.32), have been consolidated into a single chapter now known as Decision Making Procedures(18.390). Residential Zoning Districts (18.510), Commercial Zoning Districts (18.520) and Industrial Zoning Districts(18.530). Several existing chapters, Additional Setback Requirement , - : .• _ -• Limitations and Zero Lot Line Setback Requirements, have been combined into one new chapter. Exceptions to Development Standards(18.730). • Eliminated Chapters. Several existing chapters have been eliminated: Accessory Structures (18.144): Can be handled in definitions and zoning district development tables. Established Area/Development Area Classification (18.138): Outdated concept related to residential density transition zones; its elimination will require Comprehensive Plan change. Flexible Setback Standards (18.116): To be replaced by Chapter 18.370, Variances and Adjustments. Fuel Tank Installations(18.101): Already addressed in Uniform Fire Code. Listed Use: Authorization of Similar Use(18.43): Type of Director's Interpretation(18.340). Solar Access Requirements(18.88): Dated regulations; staff has asked for repeal. Legislative Notes: Table of Contents iii AP Update:2/14 Chapter 18.10 LEGAL FRAMEWORK Sections: 18.10.010 Purpose 18.10.020 Official Names 18.10.030 General Provisions 18.10.040 Consistency with Other Regulations 18.10.050 Zoning 18.10.060 Special Designations 18.10.010 Purpose The purpose of the Community Development Code of the City of Tigard is to provide for the health, safety, and general welfare of the public. This title is designed to provide the standards and procedures governing the use and development of land in the corporate limits of the City of Tigard and to implement the goals and policies of the Tigard Comprehensive Plan, including the provision of adequate public facilities. The Tigard Comprehensive Plan is the overarching land use policy document that guides development within the city through the application of this title.(Ord. 17-22 §2) 18.10.020 Official Names The ordinances codified in this title are known as the "Community Development Code of the City of Tigard" or"Title 18 of the Tigard Municipal Code" and will be referred to herein as "this title." (Ord. 17- 22 §2) 18.10.030 General Provisions A. Applicability. This title applies to all land, uses, and development within the corporate limits of the City of Tigard. B. General meanings. All of the terms in this title have their commonly accepted, dictionary meaning unless they are specifically defined in this title. When this title is ambiguous, unclear, or silent, an interpretation may be requested as provided in Chapter 18.730, Director Determinations. C. Terms and usage. 1. All words used in the present tense include the future tense. 2. All words used in the plural include the singular, and all words used in the singular include the plural unless the context indicates otherwise. 3. All words used in the masculine gender include the feminine gender. 4. The words "shall," "will," and "must" indicate mandatory requirements and the word "may" indicates permission or optional items. 5. The word"allowed"means allowed by right,unless stated otherwise. 6. The words"may not"mean not allowed. Legal Framework 18.10-1 Code Update:11/18 7. The word"prohibited" means not allowed, and that an adjustment may not be requested in order to allow an exception to the prohibition. D. Text amendments. Amendments to this title may be made as provided in Chapter 18.795, Map and Text Amendments. The effective date of amendments to this title will be specified in the adopting ordinance. E. Severability. The provisions of this title are severable. If any section, sentence, clause or phrase of this title is adjudged to be invalid by a court of competent jurisdiction,that decision will not affect the validity of the remaining portions of this title. (Ord. 17-22 §2) 18.10.040 Consistency with Other Regulations A. Municipal code. All references in this title to other city regulations are for informational purposes only,and do not constitute a complete list of such regulations. B. Other regulations.All uses and development must comply with all other applicable regional, state and federal regulations. 1. All references in this title to other regional, state, or federal regulations are for informational purposes only, and do not constitute a complete list of such regulations. Any such references do not imply any responsibility by the city for enforcement of regional,state,or federal regulations. 2. Notwithstanding any other provision of this title, the director has the authority to make an interpretation of reasonable accommodations in the application of this title when such accommodations may be necessary to afford a person with a disability equal opportunity to use and enjoy a dwelling to the extent required by federal or state law. In considering whether an accommodation is reasonable, the director may consider whether the request puts an undue burden or expense on the city and whether the proposed use creates a fundamental alteration in this title. The director may ask for, or the applicant may voluntarily submit, additional information based on the requested accommodation, to determine whether the request creates an undue burden or a fundamental alteration. The accommodation may result in a permitted or conditional waiver of any limitation of this title. Interpretations of reasonable accommodation are made through a Director Determination,as provided in Chapter 18.730,Director Determinations. C. References. All references in this title to other city, regional, state, or federal regulations refer to the most current version for those regulations, unless specifically indicated otherwise. Where the referenced regulations have been repealed, such references no longer apply. (Ord. 17-22 §2) 18.10.050 Zoning A. Base zones. All land within the City of Tigard is divided into zones. The use and development of land is limited by the base zone in which the land is located. The following base zones are established in the city: Table 18.10.1 Base Zones Zone Name Zone Abbreviation Parks and Recreation PR Residential Zones Legal Framework 18.10-2 Code Update:11/18 Table 18.10.1 Base Zones Zone Name Zone Abbreviation Residential-1 R-1 Residential-2 R-2 Residential-3.5 R-3.5 Residential-4.5 R-4.5 Residential-7 R-7 Residential-12 R-12 Residential-25 R-25 Residential-40 R-40 Commercial Zones Neighborhood Commercial C-N Community Commercial C-C General Commercial C-G Professional/Administrative Commercial C-P Mixed-Use Central Business District MU-CBD Mixed-Use Employment MUE Mixed-Use Employment MUE-1 Mixed-Use Employment MUE-2 Mixed-Use Commercial MUC Mixed-Use Commercial MUC-1 Mixed-Use Residential MUR-I Mixed-Use Residential MUR-2 Triangle Mixed Use TMU Industrial Zones Industrial Park I-P Light Industrial I-L Heavy Industrial I-H 1. The base zones applied to the public rights-of-way within the city, as shown on the zoning map, do not directly regulate the uses or developments that are allowed in these rights-of-way. Public rights-of-way are governed by other regulations maintained by the city or other applicable transportation authorities. 2. Land annexed to the city will be assigned a base zone or zones as provided in Chapter 18.720, Annexations. 3. When more than one base zone exists on a property, the development standards for each base zone will apply to the portion of the property in that base zone. B. Zoning map. The map entitled "Tigard Zoning Map" is the official zoning map and displays the boundaries of each of the base zones provided in Table 18.10.1. The current official zoning map is maintained by the director.The official zoning map is made a part of this title by reference. C. Zone boundary. The exact location of a zone boundary will be determined by the director where there is uncertainty, contradiction, or conflict as to the zone boundary. Zone boundary determinations will consider the following: Legal Framework 18.10-3 Code Update:11/18 1. Boundaries shown as approximately following the center lines of streets, highways, railroad tracks,or alleys are construed to follow such center lines; 2. Boundaries shown as approximately following platted lot lines are construed as following such lot lines; 3. Boundaries shown as approximately following city limits are construed as following city limits; and 4. Boundaries shown as approximately following a river, stream, or drainage channel are construed as following such river, stream,or drainage channel. D. Zoning map amendments. Amendments to the official zoning map may be made as provided in Chapter 18.795,Map and Text Amendments. (Ord. 17-22 §2) 18.10.060 Special Designations A. Overlay zones. The following overlays are established in the city: Table 18.10.2 Overlay Zones Overla Zone Name Zone Abbreviation Re ulatin. Cha.ter Historic Overla HO 18.750 Planned Develo.ment PD 18.770 1. Overlay zone boundaries are shown on the city's official zoning map and may be located within any base zone. 2. Land within overlay zones is subject to the regulations of the base zone in which it is located and the specific regulations found within each regulating chapter as provided in Table 18.10.2. B. Plan districts.The following plan districts are established in the city: Table 18.10.3 Plan Districts Plan District Name R7,'Matin: Cha.ter Bride•ort Villa_e 18.620 Di . A. •. -. W. -••. - Tr-. - F. ill ' 18.630 River Terrace 18.640 Ti:ard Downtown 18.650 Ti•and Trian:le 18.660 Washin: on S•uare Re•ional Center 18.670 1. Plan district boundaries are shown on maps provided within each regulating chapter, as provided in Table 18.10.3. 2. Land within each plan district is subject to regulations of the base zone in which it is located and the specific regulations found within each regulating chapter as provided in Table 18.10.3. C. Special areas.The following special areas are established in the city: Legal Framework 18.10-4 Code Update:11/18 Table 18.10.4 Special Areas Special Areas Re.ulatin' Cha I ter Wetlands 18.510 Significant habitat 18.510 Significant tree groves 18.520 1. Special areas are shown on the following maps: a. Wetlands are shown on the "City of Tigard Wetland and Stream Corridor Map", adopted by reference. Wetlands may be subject to additional regulations, either by the city as provided in Chapter 18.510, Sensitive Lands,or other agencies. b. Significant habitats are shown on the "City of Tigard Significant Habitat Areas Map", adopted by reference. Significant habitat areas are subject to voluntary regulations as provided in Chapter 18.510, Sensitive Lands. c. Significant tree groves are shown on the "City of Tigard Significant Tree Grove Map", adopted by reference. Significant tree groves are subject to voluntary regulations as provided in Chapter 18.520,Urban Forestry. 2. Land within each special area is subject to regulations of the base zone in which they are located. 3. Maps depicting special areas are intended for general reference and may not necessarily represent actual boundaries. Verification of special areas may be required upon application for development.(Ord. 17-22 §2)■ Legal Framework 18.10-5 Code Update:11/18 Chapter 18.20 ADMINISTRATION AND ENFORCEMENT Sections: 18.20.010 Compliance 18.20.020 Land Use Applications and Development Permits 18.20.030 Violations 18.20.040 Timeliness of Regulations 18.20.010 Compliance A. Compliance. Uses, developments, and construction, reconstruction, alteration, occupation, and use of structures must conform to the provisions of this title. Any officials, departments, and employees of the city vested with authority to grant approvals must adhere to and require conformance with this title, and may not grant approval for any development or use that violates or fails to comply with this title.Any approval issued or granted in conflict with the provisions of this title is void. B. Obligation by successor. The regulations of this title apply to the person undertaking the development or the use of the development and to the person's successor in interest. C. Most restrictive regulations apply. Where this title imposes greater restrictions than those imposed or required by other regulations,the most restrictive or that imposing the higher standard governs. When regulations in this title are in conflict,the most restrictive regulation governs unless stated otherwise. D. Required improvements. A lot area, yard, open space, or off-street-parking or loading area required by this title for a development may not be used to meet the requirements for another development, except as specifically provided otherwise. (Ord. 17-22 §2) 18.20.020 Land Use Applications and Development Permits A. Land use applications. An applicant who proposes a use or development that is governed by this title must obtain approval of all required land use applications prior to establishment or construction. New development, changes to existing development, and changes in the type or number of uses may require a land use approval. B. Development permits. An applicant who proposes a use or development governed by this title must obtain approval of all required development permits prior to establishment or construction. New development, changes to existing development, and changes in the type or number of uses may require a permit. C. Certificate of occupancy.A structure or use may not be used or occupied for the purposes provided in the development permit until the city has issued a certificate of occupancy. 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. 17-22 §2) Administration and Enforcement 18.20-1 Code Update:12/17 18.20.030 Violations A. Violations. It is unlawful to violate any provisions of this title, including but not limited to provisions relating to a land use approval or conditions of land use approval. Erection, construction, alteration, maintenance, or use of any building or structure in violation of this title; or use, division, or transfer of any land in violation of this title is prohibited. Each violation of a separate provision of this title constitutes a separate infraction, and each day that a violation of this title is committed or continues constitutes a separate infraction. B. Responsible party. The responsible party is the person responsible for curing or remedying a violation,which includes: 1. The owner of the property, or the owner's manager or agent or other person in control of the property on behalf of the owner; 2. The person occupying the property, including bailee, lessee, tenant, or other person having possession;or 3. The person who is alleged to have committed the acts or omissions, created or allowed the condition to exist,or placed the object or allowed the object to exist on the property. C. Enforcement. In any case where a violation of this title occurs, such violation constitutes a nuisance and a Class I Civil Infraction as provided in Title 6 of the Tigard Municipal Code. The city may remedy the violation by any appropriate means necessary as allowed by the municipal code and available to the city.(Ord. 17-22 §2) 18.20.040 Timeliness of Regulations A. Vesting. Land use applications are processed based on the regulations in effect on the date an application is submitted to the city as provided in ORS 227.178. B. Modifications. Modifications to land use applications are processed based on the regulations in effect when the first complete application was submitted unless the modifications submitted substantially changes the proposal so as to constitute a new application, as provided in Chapter 18.710, Land Use Review Procedures. C. Use of new regulations or mapping. Land use applications will not be accepted for development proposals based on proposed amendments to regulations or the zoning map that have not adopted, or have been adopted but are not yet in effect. Pre-application conferences may be requested and held to discuss implications of proposed amendments. D. Pre-existing approvals. Land use applications for which approvals were granted prior to the effective date of the ordinances codified in this title may occur in compliance with such approvals. E. Conditions of approval. Conditions of approval imposed through a land use approval remain valid even if the regulations requiring the condition have been modified. Conditions of approval may be amended or removed through the following: 1. Upon appeal of the original application;or Administration and Enforcement '18.20-2 Code Update:12/17 2. As a new land use application, processed through the same procedures as was used to impose the conditions; or 3. Through a Type I review,only if the condition of approval: a. Violates a mandatory federal or state law or regulations,or b. As a result of an amendment to this title, imposes an objective limitation that is no longer required by this title or is more restrictive than required by this title. F. Transfer of approval rights.Approvals of ministerial and quasi-judicial land use applications run with the land and are transferred with ownership. Any conditions, time limits, or restrictions apply to all subsequent owners.(Ord. 17-22 §2)■ Administration and Enforcement 18.20-3 Code Update:12/17 Chapter 18.30 DEFINITIONS Sections: 18.30.010 List of Terms 18.30.020 Definitions 18.30.010 List of Terms -A- Apartments-See Dwelling- Certified Arborist-See Tree- A-Frame Sign-See Chapter Related Definitions Related Definitions 18.435, Signs Approval authority Change of Use Abandoned Sign-See Chapter Approved Plan City 18.435, Signs Arcade Collocation-See Wireless Abut Area-See Chapter 18.435, Signs Communication Facilities- Accept Attached-See Dwelling-Related Related Definitions Access Definitions Column Accessible Awning Common Wall Accessory Building/Structure Awning Sign-See Chapter Complex Accessory Use 18.435, Signs Conditional Use Accessory Dwelling Unit-See Corner Lot-See Lot-Related Dwelling-Related Definitions -B- Definitions Active Use Facilities-See Open Balloon-See Chapter 18.435, Cornice Space Facility-Related Signs Council Definitions Banner-See Chapter 18.435, Critical Facility-See Flood- Addition Signs Related Definitions Adult Bookstore-See Adult Base Flood-See Flood-Related Cottage Cluster-See Dwelling- Entertainment-Related Definitions Related Definitions Definitions Basement Courtyard Units-See Dwelling- Adult Entertainment-Related Bay Related Definitions Definitions: Belt Course Covered Soil Volume-See Tree- • Adult Bookstore Bench Sign-See Chapter Related Definitions • Adult Motion Picture Theater 18.435, Signs Cul-de-Sac • Specified Anatomical Areas Berm Cultural Institution Auxiliary • Specified Sexual Activities Bike Lane-See Transportation- Sign-See Chapter 18.435, Adult Motion Picture Theater- Related Definitions Signs See Adult Entertainment- Bikeway-See Transportation- Cutout-See Chapter 18.435, Related Definitions Related Definitions Signs Aisle Billboard-See Chapter 18.435, Allowed Use Signs -D- Alley-See Transportation- Buildable Area Dedication Related Definitions Building Deed Alternative Access Building,Primary Demolish Amendment Building Height Density Amenity Building Permit Density Bonus Annexation Business Density Transfer Antenna-Also See Wireless Detached-See Dwelling-Related Communication Facilities- -C- Definitions Related Definitions Caliper-See Tree-Related Development Definitions Definitions 18.30-1 Code Update:11/18 Development Impact Area-See -F -H— Tree-Related Definitions FAA -See Wireless Hazard Tree-See Tree-Related Development Permit Communication Facilities- Definitions Development Site Related Definitions Hazard Tree Abatement-See Diameter at Breast Height(DBH) Face Tree-Related Definitions -See Tree-Related Definitions Face of a Building-See Chapter Hazard Tree Owner or Directional Sign-See Chapter 18.435, Signs Responsible Party-See Tree- 18.435, Signs Family Day Care Related Definitions Director FCC-See Wireless Heritage Tree-See Tree-Related Display Surface-See Chapter Communication Facilities- Definitions 18.435, Signs Related Definitions Home Occupation Drainage Way Fee in Lieu Homeowners Association Dripline-See Tree-Related Fence, Sight-Obscuring Household Definitions Final Action Drive-Through Facility Findings -/- Driveway IDriveway Flag Lot-See Lot-Related Immediate or Serious Danger- Duplex-See Dwelling-Related Definitions See Chapter 18.435, Signs Definitions Flashing Sign-See Chapter Impact Analysis Dwelling-See Dwelling-Related 18.435, Signs Impervious Surface Definitions Flood-Related Definitions: Improvement Dwelling-Related Definitions: • Base Flood Industrial Park-See Chapter • Accessory Dwelling Unit • Critical Facility 18.435, Signs • Apartments • Flood Ingress • Attached • Floodway Interior Lot-See Lot-Related • Cottage Cluster • Floodway Fringe Definitions • Courtyard Units • Special Flood Hazard Area • Detached Floodway-See Flood-Related -L- • Duplex Definitions Land Form Alteration FloodwayFringe-See Flood- Landscaping Architect • Dwelling g Landscaping • Manufactured Home Related Definitions • Quad Floor Area Lattice Tower-See Wireless Floor Area Ratio Communication Facilities- • Rowhouse Related Definitions • Single Detached House Flush Pitched Roof Sign-See g Chapter 18.435, Signs Lawn Sign-See Chapter 18.435, • Tiny House Freestanding Sign-See Chapter Signs 18.435, Signs Legal Entity -E_ Freeway Interchange-See Legislative Easement Lighting Methods-See Chapter Eaves Chapter 18.435, Signs Freeway-Oriented Sign-See 18.435, Signs Egress Loading Area-See Loading Electrical Sign-See Chapter Chapter 18.435, Signs Space 18.435, Signs Frontage p Loading Space Front Lot Line-See Lot-Related Electronic Information Sign-See Lot-See Lot-Related Definitions ChaChapter 18.435, Signs Definitions 1� g Lot Area-See Lot-Related Enlargement -G- Definitions Entrance Lot Averaging-See Lot-Related EntrywayGarage Si -See Chapter Definitions 18.435, Signs Glare Guyed Tower-See Wireless Lot Consolidation-See Lot- Exception Related Definitions Communication Facilities- Related Definitions Lot Coverage-See Lot-Related Definitions Definitions 18.30-2 Code Update:11/18 Lot Depth-See Lot-Related Mobile Home Park Perimeter Definitions Mobile Home Subdivision Person Lot Line -See Lot-Related Monopole-See Wireless Pilaster Definitions Communication Facilities- Planning Commission Lot Line Adjustment-See Lot- Related Definitions Plat Related Definitions Moving Sign- See Rotating Sign Premises-See Chapter 18.435, Lot of Record-See Lot-Related Signs Definitions -N- Projecting Sign-See Chapter Lot-Related Definitions: Noise 18.435, Signs • Corner Lot Nonconforming Sign-See Provider-See Wireless • Flag Lot Chapter 18.435, Signs Communication Facilities- • Front Lot Line Nonconforming Circumstance Related Definitions • Interior Lot Non-Structural Trim-See Public Support Facilities • Lot Chapter 18.435, Signs • Lot Area Nuisance Tree-See Tree- Q • Lot Averaging Related Definitions Quad • Lot Consolidation -0- Quasi-Judicial • Lot Coverage Occupancy Permit -R- • Lot Depth Off-Site Impact Reader-Board Sign-See Chapter • Lot Line Off-Site Improvement 18.435, Signs • Lot Line Adjustment Open Grown Tree-See Tree- Rear Lot Line-See Lot-Related • Lot of Record Related Definitions Definitions • Lot Width Open Soil Volume-See Tree- Recreational Vehicles • Rear Lot Line Related Definitions Remodel • Side Lot Line Open Space Facility-Related Reserve Strip • Substandard Lot Definitions: Residence • Tax Lot • Active Use Facilities Revolving Sign-See Rotating • Through Lot • Minimal Use Facilities Sign • Tract • Passive Use Facilities Right-of-Way-See • Unit of Land Outdoor Storage Transportation-Related • Zero Lot Line Owner Definitions Lot Width-See Lot-Related Road-See Transportation- Definitions -P Related Definitions Painted Wall Decorations-See Roof -M Chapter 18.435, Signs Roof Line-See Chapter 18.435, Maintenance-See Chapter Painted Wall Highlights-See Signs 18.435, Signs Chapter 18.435, Signs Roof Sign-See Chapter 18.435, Manufactured Home-See Painted Wall Sign-See Chapter Signs Dwelling-Related Definitions 18.435, Signs Rotating Sign-See Chapter Marijuana Parapet 18.435, Signs Marijuana Facility Park Rowhouse_See Dwelling- Marquee Parking Lot Tree-See Tree- Related Definitions Median Tree-See Tree-Related Related Definitions Space Parking -S- Definitions Minimal Use Facilities-See Partition Setback Open Space Facility-Related Party Shopping Center-See Chapter Definitions Passive Use Facilities-See Open 18.435, Signs Mitigation Space Facility-Related Shopping Plaza-See Chapter Mixed-Use Development Definitions 18.435, Signs Mobile Home Path Definitions 18.30-3 Code Update:11/18 Side Lot Line-See Lot-Related Temporary Sign-See Chapter • Open Soil Volume Definitions 18.435, Signs • Parking Lot Tree Sidewalk-See Transportation- Temporary Use • Significant Tree Grove Related Definitions Tenant Sign-See Chapter • Stand(of Trees) Sign-See Chapter 18.435, Signs 18.435, Signs • Stand Grown Tree Sign Projections-See Chapter Through Lot-See Lot-Related • Street Tree 18.435, Sign Definitions • Tree Sign Structure-See Chapter Tigard-Based Nonprofit • Tree Canopy 18.435, Signs Organization • Tree Canopy Cover, Significant Tree Grove-See Traffic Flow Plan Effective Tree-Related Definitions Tract-See Lot-Related • Tree Care Industry Single Detached House-See Definitions Dwelling-Related Definitions Trail-See Transportation- Standards • Tree Removal Site Related Definitions Slope Transom • Tree Risk Assessor Small Cell -See Wireless Transportation-Related • Understory Tree Communication Facilities- Definitions: Tree Removal-See Tree-Related Related Definitions • Alley Definitions Special Flood Hazard Area-See • Bike Lane Tree Risk Assessor-See Tree- Flood-Related Definitions • Bikeway Related Definitions Specified Anatomical Areas- • Rath Turret See Adult Entertainment- • Right-of-Way Understory Tree-See Tree- Related Definitions • Road Related Definitions Specified Sexual Activities-See Use • Sidewalk Adult Entertainment-Related • Street Definitions -V Square Footage • Trail Visible Transmittance Stand(of Trees)-See Tree- Tree-See Tree Related Vision Clearance Area Related Definitions Definitions Visual Obstruction Stand Grown Tree-See Tree- Tree Canopy-See Tree-Related Related Definitions Definitions -W- Story Tree Canopy Cover,Effective- Wall Sign-See Chapter 18.435, Sto First See Tree-Related Definitions Signs ry' Tree Care Industry Standards- Wetlands Story,Half See Tree-Related Definitions Window Street-See Transportation- Tree-Related Definitions: Wireless Communication Facility Related Definitions Street Tree-See Tree-Related • Caliper -See Wireless Communication Definitions • Certified Arborist Facilities-Related Definitions Structural Alteration-See • Covered Soil Volume Wireless Communication Chapter 18.435, Signs • Development Impact Area Facility,Attached-See Structure • Diameter at Breast Height Wireless Communication Subdivision (DBH) Facilities-Related Definitions Substandard Lot-See Lot- • Dripline Wireless Communication Related Definitions • Hazard Tree Facility-Related Definitions: Substantial Improvement • Hazard Tree Abatement • Antenna Surface Street-See Chapter • Hazard Tree Owner or • Collocation 18.435, Signs Responsible Party • FAA • Heritage Tree • FCC _T • Median Tree • Provider Tax Lot-See Lot-Related • Nuisance Tree • Public Infrastrucure Definitions Open Grown Tree • Small Cell Definitions 18.30-4 Code Update:11/18 • Wireless Communication Facility • Wireless Communication Facility,Attached • Wireless Communication Transmission Towers -Z- Zero Lot Line-See Lot-Related Definitions (Ord. 17-22 §2) Definitions 18.30-5 Code Update:11/18 18.30.020 Definitions As used in this title and corresponding administrative rules, terms and phrases are defined as provided in this Section. For additional definitions, see Chapter 18.60, Use Categories; Chapter 435, Signs; and Chapter 18.510, Sensitive Lands. A."A"definitions. 1. "Abut" -Joined by a common boundary line or point. Synonymous with adjacent, adjoining, and contiguous. 2. "Accept" -To receive as complete and in compliance with all submittal requirements. 3. "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 and is controlled by means of deed,dedication,or easement. 4. "Accessible" —Designed in a manner to ensure access for persons with disabilities, in accordance with all state and federal regulations. 5. "Accessory structure" -A structure whose use is incidental and subordinate to the primary use of property, is located on the same lot as the primary use, and is freestanding or is joined to the primary structure solely by non-habitable space as defined by the state building code. 6. "Accessory use" - Uses or activities that are a subordinate part of and clearly incidental to a primary use on site.Developments may have more than one accessory use. 7. "Addition" - A modification to an existing building or structure that increases its height, square footage, or lot coverage. A structure is considered an addition only when it shares a common wall and is structurally dependent on the primary structure. See also "Accessory structure" and "Common wall". 8. Adult entertainment-related definitions: a. "Adult bookstore - An establishment having at least 50 percent of its merchandise, items, books, magazines, other publications, films, or videotapes that are for sale, rent, or viewing on the premises and are distinguished or characterized by their emphasis on matters depicting the specified sexual activities or specified anatomical areas defined in this section. b. "Adult motion picture theater" - An establishment used primarily for the presentation of motion pictures or videotapes having as dominant theme material distinguished or characterized by an emphasis on matter depicting specified sexual activities or specified anatomical areas defined in this section. c. "Specified anatomical areas" -Uncovered or less than opaquely covered,postpubertal human genitals, pubertal human genitals, pubic areas, post-pubertal human female breasts below a point immediately above the top of the areola, or the covered human male genitals in a discernibly turgid state. Definitions 18.30-6 Code Update:11/18 d. "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. 9. "Aisle" -The corridor by which cars enter and depart parking spaces. 10. "Allowed use" -Any use allowed in a base zone and subject to the development standards of that base zone. 11. "Alternative access" - The ability to enter a highway or other public street indirectly through another improved roadway rather than direct driveway entrance from the public right-of-way frontage. 12. "Amendment" -A change in the wording,context=or substance of this title or the comprehensive plan, or a change in the boundaries of a base zone or overlay zone on the official zoning map or the boundaries of a designation on the comprehensive plan map. 13. "Amenity" -A natural or created feature that enhances the aesthetic and functional quality, visual appeal,or makes more attractive or satisfying a particular property,place,or area. 14. "Annexation" -The incorporation of a land area into the City of Tigard with a resulting change in the boundaries of the city. 15. "Antenna" - A device used to transmit or receive radio or electromagnetic waves between land- or satellite-based structures. 16. "Approval authority" - Either the director, the initial hearing body or the council, depending on the context in which the term is used. 17. "Approved plan" - A plan that has been granted final approval by the appropriate approval authority. 18. "Arcade" - An exterior covered passageway along a building facade that is open to the street frontage. 19. "Awning" - A covered area extending from the wall of a building, usually extending above a sidewalk providing shelter or sunshade. B."B" definitions. 1. "Basement" - Any floor level below the first story in a building, except that a floor level in a building having only one floor level is classified as a basement unless such floor level qualifies as first story as defined in this section. 2. "Bay" - (a) Within a structure, a regularly repeated spatial element defined by beams or ribs and their supports;(b)a protruded structure with a bay window. 3. "Belt course" - A horizontal band or molding set in the face of a building as a design element (also called a string course). Definitions 18.30-7 Code Update: 11/18 4. "Berm" -A mound of earth with sloping sides that is located between areas of approximately the same elevation, for the purpose of screening for views or sound,providing wind protection,or to provide an elevated planting area. 5. "Buildable area" - The area of a lot exclusive of the areas required for front, side, and rear setbacks and other required open spaces and that is available for siting and constructing a building or structure. 6. "Building"—A structure that includes a roof and is intended to provide for the support, shelter, or enclosure of persons,animals, chattels,or property of any kind. 7. "Building,primary" -A building in which the primary use of a property is conducted. 8. "Building height" - The exterior vertical measurement of a building. See Section 18.40.040, Measuring Height. 9. "Building permit" - Written permission issued by the proper municipal authority for the construction,repair,alteration,or addition to a structure.Also see"Development Permit". 10. "Business" - All of the activities carried on by the same legal entity on the same premises and includes charitable, fraternal,religious, educational,or social organizations. C. "C" definitions. 1. "Change of use" - Any use that differs from the previous use as provided in Chapter 18.60, Use Categories. 2. "City" -The area within the territorial limits of the City of Tigard,Oregon. 3. "Column" -In structures,a relatively long, slender structural compression member such as a post, pillar, or strut; usually vertical, supporting a load that acts in (or near) the direction of its longitudinal axis. 4. "Common wall" - A wall or joined walls that share a boundary to provide separation of interior spaces. 5. "Complex" - A structure or group of structures developed on one or more contiguous units of land and developed as part of an overall development plan. 6. "Conditional use" - A use that may be allowed by the approval authority following a public hearing, upon findings by the authority that the approval criteria have been met or will be met upon satisfaction of conditions of approval. 7. "Cornice"-Decorative projection or crown along the top of a wall or roof. 8. "Council" -The City Council of Tigard,Oregon 9. "Cul-de-sac" -The circular turnaround at the end of a dead-end street. D."D"definitions. Definitions 18.30-8 Code Update:11/18 1. "Dedication" - The limited grant by a property owner of property for specified purposes by the public. 2. "Deed" -A legal document conveying ownership of real property. 3. "Demolish" - To raze, destroy, dismantle, deface, or in any other manner cause partial or total ruin of a building or structure. 4. "Density" - The intensity of residential land uses. usually stated as the number of dwelling units per acre. See Section 18.40.130. 5. "Density bonus" - Additional dwelling units that can be earned as an incentive for providing undeveloped open space,landscaping,or tree canopy as defined further in this title. 6. "Density transfer" - The transfer of all or part of the required density from one part of a development site to another part. 7. "Development" - (1)A building or structure; (2) a mining operation; (3) a material change in the use or appearance of a structure or land; or(4) division of land into two or more units of land, including partitions and subdivisions as provided in Oregon Revised Statutes 92. 8. "Development permit" - Any permit, such as building, site work, or construction of public improvements, issued by the city's building department for actions authorized under this title. Land use approval is required prior to the issuance of development permits for some actions. 9. "Development site" - A lot or combination of lots upon which one or more buildings or other improvements are constructed. 10. "Director" - The Director of Community Development for the City of Tigard. Oregon, or designee. 11. "Drainage way" -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 part, by identifiable channels that either drain to the Tualatin River directly or after flowing through other drainage ways, channels, creeks,or special flood hazard area. 12. "Drive-through facility" - A facility or structure that is designed and intended to allow drivers to remain in their vehicles before and during participation in an activity on the site. 13. "Driveway" - A private way providing ingress and egress from one or two units of land to a public or private street. 14. Dwelling-related definitions: a. "Dwelling" - A structure or portion thereof that is used for human habitation including permanent provisions for sleeping,cooking,and sanitation. b. "Accessory dwelling unit" - An additional dwelling unit on a lot with a primary dwelling unit. An accessory dwelling unit is an independent living unit designed for residential occupancy by one or more people independent of the primary dwelling unit,with facilities for sleeping, cooking, and sanitation. An accessory dwelling unit may be attached or internal to Definitions 18.30-9 Code Update:11/18 the primary dwelling unit, or it may be detached from the primary dwelling unit. For the purposes of this title, internal accessory dwelling units are considered attached accessory dwelling units. c. "Apartments" - A type of attached housing that contains at least four dwelling units in any vertical or horizontal arrangement but excluding courtyard units, quads,and rowhouses. d. "Attached" - Connected or joined by a common wall, roof, or ceiling with another dwelling unit. Dwelling units connected only by a breezeway, deck, porch, or other unconditioned or uninhabitable space are considered detached. e. "Cottage cluster" - A group of small detached dwelling units located on a single lot where common areas and parking are shared. f. "Courtyard units" - A group of small attached dwelling units located on a single lot where common areas and parking are shared. g. "Detached" — Not connected or joined by a common wall, roof, or ceiling with another dwelling unit. Dwelling units connected only by a breezeway, deck, porch, or other unconditioned or uninhabitable space are considered detached. h. "Manufactured home" - A structure that is permanently anchored to the ground, complies with the minimum requirements for permanent connection of electrical and plumbing systems,and meets one of the following: i. Constructed for movement on the public highways that has sleeping, cooking, and sanitation facilities and that was constructed in accordance with federal manufactured housing construction and safety standards and regulations in effect at the time of construction,or ii. Constructed to the R-3 Tiny House standards of the Oregon Reach Code. i. "Quad" -A type of attached dwelling unit consisting of two dwelling units on a ground floor, attached at a common sidewall, and two dwelling units on a second floor, attached to the ground floor units at their common floor and ceiling. j. "Rowhouse" - A type of dwelling unit that is attached at a common wall with one or more other units, but excluding apartments, courtyard units, and quads.A rowhouse is not attached at a ceiling or floor to other dwelling units. k. "Single detached house" - One dwelling unit, freestanding and structurally separated from any other dwelling unit or buildings other than an attached accessory dwelling unit, but excluding mobile homes, detached accessory dwelling units, and units in cottage cluster developments. 1. "Tiny house" - a recreational vehicle constructed to the R-5 Tiny House standards of the Oregon Reach Code. E."E" definitions. Definitions 18.30-10 Code Update:11/18 1. "Easement" -A grant of one or more of the property rights by the property owner to or for use by the public,a corporation,or another person or entity. 2. "Eaves" - The lower edge of a sloping roof; that part of a roof of a building or structure that projects beyond the wall. 3. "Egress" -An exit. 4. "Enlargement" -An increase in size or scale of an existing structure or use,affecting the physical size of the property,structure,building,parking,or other improvements. 5. "Entrance" - The space comprising a door and any flanking or transom windows associated with a building or structure. 6. "Exception" - Permission to depart from a specific design or development standard in the Community Development Code of the City of Tigard. F. "F" definitions. 1. "Face" -To front upon. 2. "Family day care" -A facility authorized under ORS 329A to provide child care,often referred to as"Registered Family Child Care Homes"or"Certified Family Child Care Homes". 3. "Fee in lieu" - Payments in cash as an alternative to a dedication of land or construction of improvements required as a condition of a land use approval. 4. "Fence, sight-obscuring" - A barrier consisting of wood, metal, masonry, or similar materials, which obstructs vision. 5. "Final decision" - A determination reduced to writing, signed and filed by the appropriate approval authority. Synonymous with final order. 6. "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. 7. Flood-related definitions: a. "Base flood" - The flood having a one percent chance of being equaled or exceeded in any given year.Also referred to as the"100-year flood." b. "Critical facility"- A facility for which even a slight chance of flooding might be too great. Critical facilities include, but are not limited to, schools; nursing homes; hospitals; police, fire, and emergency response installations; and installations that produce, use, or store hazardous materials or hazardous waste. c. "Flood" - A general and temporary condition of partial or complete inundation of normally dry land areas from the overflow of inland or tidal waters or the unusual and rapid accumulation of runoff of surface waters from any source. Definitions 18.30-11 Code Update:11/18 d. "Floodway" - The channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than one foot. e. "Floodway fringe" -The area of the special flood hazard area lying outside of the floodway. f. "Special Flood Hazard Area" - The land area covered by the floodwaters of the base flood is the Special Flood Hazard Area (SFHA) on NFIP maps. The SFHA is the area where the National Flood Insurance Program's (NFIP's) floodplain management regulations must be enforced and the area where the mandatory purchase of flood insurance applies. The SFHA includes Zones A, AO, AH, A1-30, AE, A99, AR, AR/A1-30, AR/AE, AR/AO, AR/AH, AR/A,VO,V1-30,VE,and V.Also referred to as the"100-year floodplain." 71. "Floor area" -The gross horizontal area,under a roof,of all floors of a building or structure. See Section 18.40.100. 72. "Floor area ratio (FAR)" - The floor area of all buildings and structures on a lot divided by the total lot area. See Section 18.40.110 73. "Frontage" -That portion of a development site that abuts a public or private street. G."G"definitions. 1. "Garage" -A building or portion thereof for the storage,repair,or keeping of a motor vehicle. 2. "Glare" - The effect produced by brightness sufficient to cause annoyance,discomfort, or loss in visual performance and visibility. H."H"definitions. 1. "Home occupation"—A for-profit business operating in or on the same lot as a dwelling unit in a residential,commercial,or industrial zone. 2. "Homeowners association" - An association operating under recorded land agreements through which each lot owner of a planned development, condominium development, subdivision, or other described land area is automatically subject to a charge for a proportionate share of the expenses for the organization's activities,such as maintaining a common property. 3. "Household" -A group of related or unrelated individuals living together in a dwelling unit. I. "I"definitions. 1. "Impact analysis" - A study to determine the potential direct or indirect effects of a proposed development on activities, utilities, circulation, surrounding land uses, community facilities, environment,and other factors. 2. "Impervious surface" -Any material that prevents absorption of stormwater into the ground. 3. "Improvement" - Any permanent structure that becomes part of, placed upon, or is affixed to property. Definitions 18.30-12 Code Update:11/18 4. "Ingress" -Access or entry. J. "J"definitions. [Reserved] K. "K"definitions. [Reserved] L."L"definitions. 1. "Land form alteration" - Any human-actuated 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. 2. "Landscape architect" - An individual registered with the Oregon State Landscape Architect Board as a registered landscape architect. 3. "Landscaping" - Areas primarily devoted to plantings, trees, shrubs, lawn, and other organic ground cover together with other natural or artificial supplements such as water courses, ponds, fountains, decorative lighting, benches, bridges, rock or stone arrangements, pathways, sculptures,trellises,and screens. 4. "Legal entity" - Includes, but is not limited to, individual proprietorships, partnerships, corporations,nonprofit corporations,associations,or joint stock companies. 5. "Legislative"-A land use decision that applies to a large number of individuals or properties. 6. "Loading space" or"loading area" -An off-street space on the same lot with a building, structure, or use, or contiguous to a group of buildings, structures, or uses, for the temporary parking of a vehicle that 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. 7. Lot-related definitions: a. "Unit of land" - An area of land that is described by a survey or other legal description, and that is lawfully established as discrete and transferable. A unit of land created solely to establish a separate tax account is not considered lawfully established. b. "Lot" - A legally defined unit of land other than a tract that is the result of a land division. This definition is inclusive of the definitions of both lot(the result of subdividing)and parcel (the result of partitioning)provided by ORS 92. c. "Corner lot" -A unit of land situated at the intersection of two streets where the interior angle of such intersection does not exceed 135°. d. "Flag lot" - A lot with less than 25 feet of frontage and two distinct parts: the flag, which is the only area to accommodate a structure and is located behind a frontage lot; and the pole, Definitions 18.30-13 Code Update:11/18 which connects the flag to the street and provides the only access and street frontage for the lot. The pole can either be part of the rear lot or granted as an easement from the front lot. A flag lot may only be created through a lot line adjustment, lot consolidation, or partition process. e. "Front lot line" - In the case of an interior lot, a property line that abuts the street; in the case of a corner lot, the shortest of the two property lines that abut the street; except where the narrowest side of a lot is a minimum of 75 feet there may be a choice of frontage. f. "Interior lot" -A unit of land other than a corner lot and having frontage on only one street. g. "Lot area" -The total horizontal area within the lot lines of a unit of land. h. "Lot averaging" - A design technique permitting one or more lots in a subdivision to be undersized, providing that the average lot size is no less than that required in the base zone. i. "Lot consolidation" - The elimination of a common lot line between two or more units of land to form one lot. j. "Lot coverage" - The percentage of lot area covered by the horizontal projection of all structures,buildings,and other impervious surfaces. k. "Lot depth" - The distance from the midpoint of the front lot line to the midpoint of the rear lot line. 1. "Lot line"-The property line bounding a unit of land. m. "Lot line adjustment" - The relocation of recorded lot lines that does not result in the creation of an additional unit of land. n. "Lot of record" - A unit of land that was not created through an approved subdivision or partition process,and additionally meets one of the following: i. Created by a deed or other instrument and recorded with Washington County or another appropriate recording agency prior to July 22, 1968; or ii. Annexed to the City of Tigard after July 22, 1968 and meets the criteria for a lot of record under the development code of Washington County. o. "Lot width" - The horizontal distance between the side lot lines. See Section 18.40.060 for measuring lot width. p. "Rear lot line" - 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 means a straight line ten feet in length which is parallel to the front lot line or its chord and intersects the other lot lines at points most distant from the lot line. q. "Side lot line" -Any lot boundary not a front or rear lot line. A side lot line that abuts a street is a street side lot line. Definitions 18.30-14 Code Update:11/18 r. "Tax lot" -Lot designation created by the county assessor for the purpose of levying property taxes. A unit of land created solely to establish a separate tax account is not considered lawfully established for development purposes. s. "Through lot" - A unit of land that fronts upon two parallel streets or that fronts upon two streets that do not intersect at the boundaries of the unit of land. t. "Tract" - A unit of land created and designated through a land division process for a specific purpose, including but not limited to: stormwater management, creation of a private street or alley,tree preservation, protection of environmental resources, or provision of open space. A tract is not a lot,a lot of record,or a public right-of-way. u. "Zero lot line" - The location of a building or structure on a lot in such a manner that one or more of the building's sides rest directly on a lot line. M."M" definitions. 1. "Marijuana" - All parts of the plant of the Cannabis family Moraceae, whether growing or not; the resin extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture, or preparation of the plant or its resin, as may be defined by Oregon Revised Statutes as they currently exist or may from time to time be amended. It does not include the mature stalks of the plant, fiber produced from the stalks, oil or cake made from the seeds of the plant, any other compound, manufacture,salt, derivative,mixture, or preparation of the mature stalks(except the resin extracted there from), fiber, oil, or cake, or the sterilized seed of the plant that is incapable of germination. 2. "Marijuana facility" - A commercial or public use or structure where marijuana is produced, processed,distributed,transferred,sold,or consumed. 3. "Marquee" -A permanent roof-like shelter over an entrance to a building or structure. 4. "Mitigation" -Methods used to alleviate or lessen the impact of development. 5. "Mixed-use development" - The development of a lot, building, or structure with a variety of complementary and integrated uses, such as, but not limited to, residential, office, manufacturing,retail,public,or entertainment,in a compact urban form. 6. "Mobile home" -A structure constructed for movement on the public highways that has sleeping, cooking, and plumbing facilities, that is intended for human occupancy, that is being used for residential purposes and that was constructed prior to June 15, 1976, and met the construction requirements of Oregon mobile home law in effect at the time of construction. 7. "Mobile home park" -Any place where four or more mobile homes are located within 500 feet of one another on a lot under the same ownership,the primary purpose of which is to rent space or keep space for rent to any person for a charge or fee paid or to be paid for the rental use of facilities or to offer space free in connection with securing the trade or patronage of such person. 8. "Mobile home subdivision" -A subdivision designed and approved for sale of lots for residential occupancy in mobile homes only. N. "N"definitions. Definitions 18.30-15 Code Update:11/18 1. "Noise" -Any undesired audible sound. 2. "Nonconforming circumstance" -A use, activity, lot, or development that was lawful prior to the adoption, revision, or amendment of the Community Development Code of the City of Tigard but that fails by reason of such adoption, revision, or amendment to conform to the present requirements of the applicable base zone. O."0"definitions. 1. "Occupancy permit" - A required permit allowing the use of a building or structure after it has been determined that all the requirements of applicable ordinances have been met. 2. "Off-site impact" - A condition that creates, imposes, aggravates, or leads to inadequate, impractical, unsafe, or unhealthy conditions on a site proposed for development or on off-site property or facilities. 3. "Off-site improvement" - Improvements required to be made off-site as a result of an application for development and including, but not limited to, road widening and upgrading, stormwater facilities,and traffic improvements. 4. Open space facility-related definitions.Open space facilities may be privately or publicly owned: a. "Minimal use facilities" - No other improvements (apart from underground utilities and natural and ecological enhancements)are allowed. b. "Passive use facilities" - Areas reserved for medium-impact recreation and education uses related to the functions and values of a natural area that require limited and low impact site improvement, including soft surface trails,raised walkways,pedestrian bridges,seating areas, viewing blinds, observation decks, informational signage, drinking fountains, picnic tables, interpretive centers, and other similar facilities. Accommodations for ADA access must be provided where site considerations permit. c. "Active use facilities" - Areas reserved for high-impact recreation that require a greater degree of site development or ground disturbance; such as sports fields, playground equipment, group picnic shelters, swimming pools, hard and soft surface pathways, restrooms,and similar facilities. 5. "Outdoor storage" - The keeping of any goods, junk, material, merchandise or vehicles in the same place for more than 24 hours when not completely enclosed within a building or structure. 6. "Owner" - Any person, agent, firm, or corporation having legal or equitable interest in the property. P."P" definitions. 1. "Parapet" - A low, solid, protective screening or decorative wall as an extension of exterior building walls beyond the roof or deck level. 2. "Park" -Any unit of land set apart and devoted to the purposes of pleasure, recreation,ornament, light,and air for the general public. Definitions 18.30-16 Code Update: 11118 3. "Parking space" - An area within a private or public parking area, building, or structure for the parking of one vehicle. 4. "Partition" -Division of a unit of land into two or three lots or tracts within a calendar year when such area of land exists as a unit or contiguous units of land under common ownership at the beginning 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,or creation of cemetery lots; b. Any adjustment of a lot line by the relocation of a common boundary where an additional lot is not created and where the existing lot, 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 single owner. 5. "Party" - A person who makes an appearance in a proceeding through the submission of either written or verbal evidence. 6. "Perimeter" -The boundaries or borders of a unit of land. 7. "Person" - An individual, corporation, governmental agency, official advisory committee of the city,business trust,estate,trust,partnership,association,or two or more people having a joint or common interest or any other legal entity. 8. "Pilaster" -An ornamental or functional column or pillar incorporated into a wall. 9. "Planning Commission" -The Planning Commission of the City of Tigard,Oregon. 10. "Plat" -A final map, diagram, or other writing containing all the descriptions, specifications, and provisions concerning a land division. 11. "Primary use" -A primary use is the activity, or combination of activities of chief importance on the site, and the main purposes for which the land or structures are intended, designed, or ordinarily used. Development may have more than one primary use. 12. "Public support facilities" - Services that are necessary to support uses allowed in the base zone and involve only minor structures such as underground utilities and construction of improvements including sidewalks, curbs, streetlights, and driveway aprons, power lines and poles, phone booths, fire hydrants, as well as bus stops, benches, and mailboxes that are necessary to support principal development. Q."Q" definitions. 1. "Quasi-judicial" - Action that involves the application of adopted policy to a specific land use application or amendments. R."R" definitions. Definitions 18.30-17 Code Update:11/18 1. "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 must be identified as a recreational vehicle by the manufacturer or be permitted as an R-5 tiny house under the provisions of the Oregon Reach Code.. 2. "Remodel" -An internal or external modification to an existing building or structure that does not increase the lot coverage. 3. "Reserve strip" -A strip of property usually one foot in width overlaying a dedicated street that is reserved to the city for control of access until such time as additional right-of-way is accepted by the city for continuation or widening of the street. 4. "Residence" -See"Dwelling". 5. "Roof'-The exterior surface and its supporting structure on the top of a building or structure. S."S" definitions. 1. "Setback" (front, rear, side, street side, and garage entrance) - The required horizontal distance from a property line to the nearest vertical wall of a building or structure, fence, or other elements as defined by this title. 2. "Site" -Any unit of land or combination of contiguous units of land. 3. "Slope" -The deviation of a surface from the horizontal,usually expressed in percent or degrees. 4. "Square footage" - For lot square footage, see "Gross lot area". For building square footage, see "Floor area". 5. "Story" - That portion of a building or structure included between the upper surface of any floor and the upper surface of the floor next above, except that the topmost story is that portion of a building or structure 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 under floor space is more than six feet above 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 under-floor space is considered as a story. 6. "Story, first" - The lowest story in a building or structure that qualifies as a story, except that a floor level in a building or structure having only one floor 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. 7. "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 under floor 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 under- floor space is considered as a half-story. Definitions 18.30-18 Code Update:11/18 8. "Structure" - Any object that is built or constructed, and located in or on the ground, or that is attached to something fixed to the ground. Structure includes buildings, decks, fences, towers, flag poles, signs, and other similar objects. Structure does not include paved areas or vegetative landscaping materials. 9. "Subdivision" - Division of a unit of land into four or more units of land within a calendar year when such unit of land exists as a unit or contiguous units of land under a commonownership at the beginning of such year. The term "subdivision" also applies to an area of land that has been subdivided. 10. "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: a. Before the improvement or repair is started;or b. 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 other structural part of the structure commences, whether or not that alteration affects the external dimensions of the structure. The term does not, however, include either: i. Any development for improvement of a structure to comply with existing state or local health, sanitary, or safety code specifications that are solely necessary to ensure safe living conditions;or ii. Any alteration of a structure listed on the National Register of Historic Places or a State Inventory of Historic Places. T."T"definitions. 1. "Temporary use" -A use of land,a building,or a structure that is short-term or seasonal in nature and does not make permanent changes to a site. 2. "Tigard-based nonprofit organization" - An organization that is located in the city and has nonprofit status as defined by the state of Oregon and raises funds that are used by the organization. 3. "Traffic Flow Plan" -A plan submitted with a proposal for skinny streets that shows the potential queuing pattern that will allow for safe and efficient travel of emergency vehicles, service vehicles and passenger vehicles with minimal disturbance. This may include a combination of strategic driveway locations, turnouts or other mechanisms that will foster safe and efficient travel. 4. "Transom" - A horizontal glass plane,typically encased in a wood or metal frame that separates the storefront from the upper facade. 5. Transportation-related definitions: a. "Alley" - A minor way that is used primarily for vehicular service access to the back or side of properties otherwise abutting on a street. Definitions 18.30-19 Code Update:11/18 b. "Bike lane" - Lanes on an improved street that are designated for use by bicyclists and separated from vehicular traffic either by striping or small concrete barrier. c. "Bikeway" -A path, paved and separated from streets and sidewalks, designed to be used by cyclists. d. "Path" -A paved off-street transportation facility for pedestrians and bicyclists that provides connections within, through, or between developments within a single block or for short distances. e. "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 for land division purposes means that every right-of-way hereafter established and shown on a plat or map is to be separate and distinct from the lots adjoining such right- of-way and not included within the dimensions or areas of such lots. f."Road" -See"Street." g. "Sidewalk" -A paved on-street transportation facility for pedestrians. h. "Street" - A public or private accessway that is created to provide ingress or egress for vehicles to three or more lots, 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. Also see"Right-of-way." i. "Trail" - A paved off-street transportation facility for pedestrians and bicyclists that spans multiple developments, lots, or blocks. They are often located next to other linear corridors such as streams,highways,or rail lines and allow users to travel greater distances than paths. 5. Tree-related definitions: a. "Caliper" -The tree care industry standard for measuring the trunk diameter of nursery stock. Caliper is the average diameter of the trunk of a nursery tree measured six inches above the ground for trunks less than or equal to an average of four inches in diameter(when measured six inches above ground). When the trunk of a nursery tree is greater than an average of four inches in diameter(when measured six inches above ground), caliper is the average diameter at 12 inches above ground(see Figure 18.30.1). Definitions 18.30-20 Code Update:11/18 Figure 18.30.1 Caliper �leeeue ewe �/ kr tees ear r • OW*4'c1s« 1? r b. "Certified arborist"-An individual certified by the International Society of Arboriculture as a certified arborist. c. "Covered soil volume" - A volume of soil that is under pavement and specially designed to support the growth of a tree. Covered soil volumes contain existing, new, or amended soil with the physical, chemical, and biological properties necessary to support the growth of a tree, while at the same time supporting the load-bearing requirements and engineering standards of the overlying pavement. Covered soil volumes would not be considered tree growth limiting by a project arborist or landscape architect in an urban forestry plan developed per the standards in Chapter 18.520 and the Urban Forestry Manual. d. "Development impact area" -The area on a site or right-of-way associated with a site affected by any and all site or right-of-way improvements, including, but not limited to, buildings, structures, walls, parking and loading areas, street improvements, paved and graveled areas, utilities, irrigation, equipment storage,construction parking and landscaping. The impact area also refers to areas of grading, filling, stockpiling, demolition,tree removal,trenching,boring and any other activities that require excavation or soil disturbance. e. "Diameter at Breast Height (DBH)" - The average diameter of the trunk of a tree measured 4.5 feet above mean ground level at the base of the trunk. If the tree splits into multiple trunks above ground, but below 4.5 feet,the DBH is the average diameter of the most narrow point beneath the split. If the tree has excessive swelling at 4.5 feet, the DBH is the average diameter of the most narrow point beneath the swelling. If the tree splits into multiple trunks at or directly below ground, it is considered one tree and the DBH is the square root of the sum of the cross-sectional area of each trunk at 4.5 feet above mean ground level multiplied by 1.1284. f. "Dripline" -The outer limit of a tree canopy projected to the ground. g. "Hazard tree" -Any tree or tree part that has been or could be determined by an independent tree risk assessor to constitute a high level hazard requiring hazard tree abatement with an overall minimum risk rating of 8 for trees or tree parts up to four-inch DBH, 9 for trees or tree parts greater than four-inch and up to 20-inch DBH, or 10 for trees or tree parts greater than 20-inch DBH using the tree risk assessment methodology in Appendix 1 of the Urban Forestry Manual. h. "Hazard tree abatement" - The process of reducing or eliminating a hazard to an overall risk rating of less than 8 for trees or tree parts up to four-inch DBH, 9 for trees or tree parts Definitions 18.30-21 Code Update:11/18 greater than four-inch and up to 20-inch DBH, or 10 for trees or tree parts greater than 20- inch DBH using the tree risk assessment methodology in Appendix 1 of the Urban Forestry Manual through pruning, tree removal, or other means in a manner that complies with all applicable rules and regulations. i. "Hazard tree owner or responsible party" - The property owner or responsible party with the largest percentage of a hazard tree trunk immediately above the trunk flare or root buttresses. In cases where the hazard tree consists of a branch instead of an entire tree, the hazard tree owner or responsible party is the person who owns or is responsible for the property from where the branch originates. j. "Heritage tree" - Any tree or stand of trees of landmark importance due to age, size, species, horticultural quality, or historic importance that has been approved as a heritage tree by the Tigard City Council. k. "Median tree" - Any tree within the public right-of-way under City of Tigard jurisdiction between opposing lanes of vehicular traffic. Trees in the centers of cul-de-sacs and roundabouts within the public right-of-way under City of Tigard jurisdiction are considered median trees. 1. "Nuisance tree" -Any tree included on the Nuisance Tree List in the Urban Forestry Manual. m."Open grown tree" - Any tree that has grown and established in an isolated manner without significant competition for light, space, and nutrients from other trees. Open grown trees generally retain more foliage,develop greater trunk tapers,have more extensive root systems, and are more resistant to windthrow than stand grown trees. n. "Open soil volume" -An unpaved volume of soil, which contains existing, new, or amended soil with the physical,chemical and biological properties necessary to support the growth of a tree. o. "Parking lot tree" -Any tree used to meet minimum parking lot landscaping requirements. p. "Significant tree grove" - A stand of trees that has been identified as significant through the Statewide Land Use Planning Goal 5 process A and mapped on the "City of Tigard Significant Tree Grove Map". q. "Stand(of trees)" -A distinct area of stand grown trees, often predominantly native and with contiguous canopies,which form a visual or biological unit. r. "Stand grown tree" - Any tree that has grown and established in close association with other trees and, as a result, has experienced significant competition for light, space, and nutrients from other trees. Stand grown trees generally retain less foliage, develop less trunk taper, have less extensive root systems,and are less resistant to windthrow than open grown trees. s. "Street tree" -Any tree equal to or greater than 1.5 inch caliper or DBH within a public right- of-way under City of Tigard jurisdiction or easement for public access under City of Tigard jurisdiction, or any tree equal to or greater than 1.5 inch caliper or DBH outside of a public right-of-way or easement for public access that the city can demonstrate was planted or preserved as a street tree to meet the requirements for a city permit or project. Median trees are not considered street trees. Definitions 18.30-22 Code Update:11/18 t. "Tree" - A woody perennial plant, often with one dominant trunk, the capacity to achieve a mature height greater than 16 feet,and primarily referred to as a tree in scientific literature. u. "Tree canopy" - The area above ground that is covered by the trunk, branches, and foliage of a tree or group of trees' crowns. v. "Tree canopy cover, effective" - A formula detailed in Chapter 18.520 and the Urban Forestry Manual used to calculate the amount of tree canopy that will be provided for a given unit of land through any combination of preserving existing trees and planting new trees. In general,the formula grants bonus tree canopy credit based on the existing tree canopy of trees that are preserved, and grants additional tree canopy credit based on the projected mature tree canopy of newly planted trees. w."Tree care industry standards" -Generally accepted industry standards for tree care practices detailed in the most current version of the American National Standards Institute (ANSI) A300 Standards for Tree Care Operations. In addition, tree care industry standards includes adherence to all applicable rules and regulations for the completion of any tree care operation. x. "Tree removal" - The cutting or removing of 50 percent or more of a crown, trunk, or root system of a tree, or any action that results in the loss of aesthetic or physiological viability or causes the tree to fall or be in immediate danger of falling. y. "Tree risk assessor" - An individual deemed qualified by the International Society of Arboriculture to conduct tree risk assessments. z. "Understory tree" - Any tree that is adapted to grow and complete its lifecycle within the shade and beneath the canopy of another tree. 6. "Turret"-A very small and slender tower attached to a larger building. U. "U" definitions. 1. "Use" -The purpose for which land or a structure is designed,arranged, or intended, or for which it is occupied or maintained. V."V"definitions. 1. "Visible transmittance" -A measure of the amount of visible light transmitted through a material (typically glass). Information about visible transmittance typically is, or can be, provided by window manufacturers. 2. "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. 3. "Visual obstruction" - Any fence, hedge, tree, shrub, device, wall, or structure between the elevations of three feet and eight feet 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. Definitions 18.30-23 Code Update:11/18 W."W" definitions. 1. "Wetlands" - Land often called swamp, marsh, or bog that exhibits all of the following characteristics: a. The land supports hydrophytic vegetation. This occurs when more than 50 percent of the dominant species from all strata are classified as wetland species; b. The land has hydric soils. Hydric soils are soils that are saturated, flooded, or in ponds long enough during the growing season to develop anaerobic conditions in the upper part of the soil profile; and c. The land has wetland hydrology. Wetland hydrology is permanent or periodic inundation, or soil saturation for a significant period(at least one week)during the growing season. The city will use the "Federal Manual for Identifying and Delineating Jurisdictional Wetlands" as the basis for determining where wetlands are located. An area of privately owned land that otherwise satisfies the definition of a wetland is not defined as a wetland if it was created by human activity after October 11, 1984,as part of an approved development. This exclusion does not apply to wetland migration areas. 2. "Window" - Any opening constructed in a wall to admit light or air, framed and spanned with glass. 3. Wireless Communication Facility-related definitions: a. "Antenna" - A device commonly in the form of a metal rod, wire panel or dish, for transmitting or receiving electromagnetic radiation. An antenna is typically mounted on a supporting tower,pole,mast,or building. b. "Collocation" - The mounting or installation of an antenna on an existing tower, building, or structure for the purpose of transmitting or receiving radio frequency signals for communications purposes,whether or not there is an existing antenna on the structure. c. "FAA" -The Federal Aviation Administration. d. "FCC" -The Federal Communications Commission. e. "Provider" - A person or company in business of designing, installing, marketing and servicing wireless communication services including cellular telephone, personal communications services (PCS), enhanced/specialized mobile telephones, and commercial paging services. f. "Public infrastructure" - structures in the public right-of-way that are in public ownership or are supportive of public or private utilities. g. "Small Cell" - A low-power wireless communication facility used to increase capacity to wireless communication demand areas or provide infill coverage in areas of weak reception, including a separate transmitting and receiving station serving the facility. Small cell wireless facilities must: Definitions 18.30-24 Code Update:11/18 i. be mounted on structures less than 50 feet in height, ii. be less than 3 cubic feet in volume,and iii.include no more than 28 cubic feet of accessory equipment. h. "Wireless communication facility" - An unmanned facility for the transmission of radio frequency (RF) signals, usually consisting of an equipment shelter, cabinet, or other enclosed structure containing electronic equipment, a support structure, antennas or other transmission and reception devices. i. "Wireless communication facility, attached" - A wireless communication facility that is affixed to an existing structure; e.g., an existing building wall or roof,mechanical equipment, tower or pole, water tank, utility, or light pole, which does not include additional wireless communication support structure. j. "Wireless communication transmissions towers" - A new structure, tower, pole, or mast erected to support wireless communication antennas and connecting appurtenances. For the purposes of Chapter 18.450, such a support structure will be referred to as a"tower." Support structure types include: i. "Guyed tower" - A tower that is supported by the use of cables (guy wires) that are permanently anchored; ii. "Lattice tower" - A tower characterized by an open framework of lateral cross members that stabilize the tower; iii."Monopole" -A single upright pole, engineered to be self-supporting and requiring no guy wires or lateral cross-supports.(Ord. 17-22 §2) ■ Definitions 18.30-25 Code Update:11/18 Chapter 18.40 MEASUREMENTS Sections: 18.40.010 Purpose 18.40.020 Net Development Area 18.40.030 Distances 18.40.040 Building Height 18.40.050 Building Facade Area 18.40.060 Lot Width 18.40.070 Setbacks 18.40.080 Flag Lots 18.40.090 Tree Diameter 18.40.100 Floor Area 18.40.110 Floor Area Ratio 18.40.120 Detached Accessory Dwelling Units 18.40.130 Residential Density 18.40.010 Purpose This chapter establishes the methods for measuring distances and other types of required measurements. (Ord. 17-22 §2) 18.40.020 Net Development Area Net development area is determined by subtracting the following areas from the gross lot area: A. All sensitive lands: 1. Land within the special flood hazard area, 2. Land or slopes exceeding 25 percent, 3. Drainage ways,and 4. Wetlands. B. All land dedicated to the public for park purposes. C. All land dedicated for public rights-of-way. D. All land proposed for private streets. E. Optionally,the applicant may subtract the following: 1. Significant tree groves or habitat areas, as designated on the City of Tigard "Significant Tree Grove Map"or"Significant Habitat Areas Map",provided they are preserved in a tract; and 2. Trails and paths, provided they are preserved in a public access easement. Measurements 18.40-1 Code Update:11/18 18.40.030 Distances A. Horizontal distances. When determining distances for setbacks and structure dimensions, all distances are measured along a horizontal plane from the appropriate property line, edge of building, structure, storage area, parking area, or other object. These distances are not measured by following the topography of the land. See Figure 18.40.1. Figure 18.40.1 Horizontal Measurement "A;" - STREETI _1 I Distances are always measured horizontally. B. Measurements are shortest distance. When measuring a required distance, such as the minimum distance between a structure and a lot line, the measurement is made at the shortest distance between the two objects or points. See Figure 18.40.2. Exceptions are stated in Subsections 18.40.030.C, E, and F. Figure 18.40.2 Closest Distance 1 1 1 IH 0_ I (\ 0 1 1 , LIIIIJ C. Measurements of vehicle travel areas. Measurement of a minimum travel distance for vehicles, such as garage entrance setbacks and stacking lane distances, are measured down the center of the vehicle travel area. For example, curving driveways and travel lanes are measured along the arc of the driveway or traffic lane. See Figure 18.40.3. Measurements 18.40-2 Code Update:11/18 Figure 18.40.3 Measuring Vehicle Travel Areas WN\ STREET D. Measurement of distance between rights-of-way. Distance between rights-of-way is measured from centerline of one right-of-way to the centerline of the other right-of-way. E. Measurements involving a structure. Measurements involving a structure are made to the closest wall of the structure. Chimneys, eaves, building and window trim, and bay windows up to 12 feet in length, are not included in the measurement. Other items, such as covered porches and entrances, are included in the measurement. See Figure 18.40.2. F. Underground structures. Structures or portions of structures that are entirely underground are not included in measuring required distances. See Figure 18.40.4. Figure 18.40.4 Underground Structures 1 Required Multi-story building setback Underground garage (6) -11iCt.- G. Landscaping. Measurements of the dimensions of a landscaped area include only the area that is actually landscaped, and not any other elements,such as protective curbs. H. Measurement of distance from a bus stop or transit station. When measuring distance from a bus stop, the measurement is taken from the bus stop sign. When measuring distance from a transit station,the measurement is taken from the edge of the platform. (Ord. 17-22 §2) Measurements 18.40-3 Code Update: 11/18 18.40.040 Building Height A. Building height. The height of buildings is the vertical distance above the base point shown in Figures 18.40.6 and 18.40.7. The base point used is the method that yields the greater height of building. Methods to measure specific roof types are shown below and in Figure 18.40.5: 1. Flat roof(pitch is 2 in 12 or less): Measure to the top of the parapet, or if there is no parapet, to the highest point of the roof. 2. Mansard roof: Measure to the deck line. 3. Gabled,hipped,or gambrel roof:Measure to the midpoint of the highest gable. 4. Other roof shapes such as domed, shed, vaulted, or pyramidal shapes: Measure to the highest point. 5. Stepped or terraced building: Measure to the highest point of any segment of the building. a. Base point 1 is the elevation of the highest adjoining sidewalk or ground surface within a 5- foot horizontal distance of the exterior wall of the building when such sidewalk or ground surface is not more than 10 feet above lowest grade. See Figure 18.40.6. b. Base point 2 is the elevation that is 10 feet higher than the lowest grade when the sidewalk or ground surface described in Subparagraph 18.40.040.A.5.a is more than 10 feet above lowest grade. See Figure 18.40.7. Figure 18.403 Building Height-Roof Types - 1111 11 x . j II l l Pitched or hip roof Mansard roof Shed roof x L i1 Eq� Gambrel roof Flat roof Measurements 18.40-4 Code Update: 11/18 Figure 18.40.6 Figure 18.40.7 Building Height-Base Point 1 Building Height-Base Point 2 _ .`Height of ,. i._ l_...}LIL _1 E _ I_ buildingLi- 11.____Dn - 1 Lowest grade 'c c Lowest grade 5' 5' When highest grade is 10 feet or less above the When highest grade is more than 10 feet above lowest grade,the base point is the elevation of the lowest grade,the base point is the elevation the highest adjoining sidewalk or grade within a 10 feet above the lowest grade. 5-foot horizontal distance. B. Measuring height of other structures. The height of other structures such as flag poles and fences is the vertical distance from the ground level immediately under the structure to the top of a structure, excluding exempted portions. When chimneys and other objects are allowed to exceed the height of the base zone by a set amount, that set amount is measured to the top of these objects. Special measurement provisions are also provided below. 1. Retaining walls and fences on top of retaining walls are measured from the ground level on the higher side of the retaining wall. See Figure 18.40.8. Figure 18.40.8 Measuring Height—Retaining Walls Measure from ground level on the highest side of the retaining wall if 2. Measuring height of decks. Deck height is determined by measuring from the ground to the top of the floor of the deck if there is no rail or if the rail walls are more than 50 percent open, and from the ground to the top of the rails for all other situations. (Ord. 17-22 §2) Measurements 18.40-5 Code Update:11/18 18.40.050 Building Facade Area The area of a specific facade of a building is determined by adding the square footage of surface area of each section of wall visible from that perspective. For buildings with more than one wall along facade(for example, rooms jutting out from the main building or a building where each floor is set back from the floor below), all of the walls are included in the total area. The total area does not include any roof area. See Figure 18.40.9. Figure 18.40.9 Building Facade Area 4 40 One facade of a building (Ord. 17-22 §2) 18.40.060 Lot Width [Reserved] Figure 18.40.10 Lot Width (Ord. 17-22 §2) 18.40.070 Setbacks A. Setback measurement. Setbacks are measured from the corresponding property line unless otherwise stated. For example, a side setback is measured from a side property line. B. Setback averaging. The required setback may be reduced to the average of the existing setbacks of the lots that are on both sides of the site. See Figure 18.40.13. The following rules apply in calculating the average: 1. The setbacks used for the calculations must be for the same type of structure that is being averaged. For example, only garage entrance setbacks may be used to average a garage entrance setback,and only deck setbacks may be used to average a deck setback. 2. Only the setbacks on the lots that abut each side of the site and are on the same street may be used. Setbacks across the street or along a different street may not be used. 3. When one abutting lot is vacant or if the lot is a corner lot, then the average is of the setback of the occupied lot and the required setback for the base zone. Measurements 18.40-6 Code Update: 11/18 Figure 18.40.13 Setback Averaging The normally required setback ////,The existing setback The averaged setback 7 A rgT—C--1 -T p E F1 7 —G rH 1 .Vacant, a a J W I I I I I 11 1 I ( l Y I 1 J I I I J w ti_-_ f� y ti__i_--1 y !l_-_i — STREET STREET STREET t r Setback for lot B is the Setback for lot E is the Setback for lot H is the average of the existing average of the existing average of the existing setbacks for lots A and C. setbacks for lot D and setbacks for lot G and the the required setback for required setback for lot H lot F. along the same street. (Ord. 17-22 §2) 18.40.080 Flag Lots A. Lot area. The lot area of a flag lot must be provided entirely within the building site area exclusive of any access. See Figure 18.40.14. Figure 18.40.14 Lot Area for Flag Lots I AREA NOT INCLUDED IN LOT AREA B. Lot width and depth. The lot width and depth for a flag lot is measured at the midpoint of opposite lot lines of the flag portion of the lot. See Figure 18.40.15 Measurements 1840-7 Code Update:11/18 Figure 18.40.15 Lot Width and Depth for Flag Lots W J 4 F LAG C. Front setback determination. The owner or developer of a flag lot may determine the location of the front setback,provided no side setback area is less than 10 feet. (Ord. 17-22 §2) 18.40.090 Tree Diameter A. Measuring tree diameter.Tree diameter is measured in several ways: 1. Existing trees are generally measured in terms of diameter inches at a height of 4.5 feet above the ground. The diameter may be determined by measuring the circumference of the tree trunk and dividing by 3.14. See Figure 18.40.16. Figure 18.40.16 Measuring Tree Size for Existing Trees 4t2' 2. When the trunk is at an angle or is on a slope, the trunk is measured at right angles to the trunk 4.5 feet along the center of the trunk axis, so the height is the average of the shortest and the longest sides of the trunk. See Figure 18.40.17. Measurements 18.40-8 Code Update:11/18 Figure 1, 88.4017 Measuring Existing Trees with an Angle or on Slopes 41/2' . 4'/2' -- 3. When the trunk branches or splits less than 4.5 feet from the ground,the trunk is measured at the smallest circumference below the lowest branch. See Figure 18.40.18. Figure 18.40.18 Measuring Split Trunk Tree IF 41h'XII( 4. For multi-stemmed trees, the size is determined by measuring all the trunks at 4.5 feet from the ground and adding the total diameter of the largest trunk and half the diameter of each additional trunk; see Figure 18.40.19. A multi-stemmed tree has trunks that are connected above the ground and does not include individual trees growing close together or from a common root stock that do not have trunks connected above the ground. Figure 18.40.19 Measuring Multi-stemmed Trees ko! 4Yi' ' . ... 1 5. Nursery trees are measured in caliper inch, which is the diameter of the trunk 6 inches above the ground or root ball.For coniferous trees,the tree height may also be used. 18.40.100 Floor Area Measurements 18.40-9 Code Update:11/18 The total floor area of a building or structure is the sum of the floor area of all habitable stories in the building. The floor area of a story of a building or structure is measured from the outside of exterior walls, and includes all stairwells, ramps, shafts, chases, and the area devoted to garages and structured parking. Figure 18.40.20 Floor Area of a Building Extent of exterior walls(included) I ' Roof eaves(not included) 111 Porch area with no walls (not included) 18.40.110 Floor Area Ratio The floor area ratio(FAR)is determined by dividing the gross floor area of all buildings or structures on a lot by the net development area of the lot. Figure 18.40.21 Floor Area Ratio Potential Configurations for 1.0 FAR S0°1°1 100%lot coverage 50%tot coverage 25%lot coverage 1 story 2 stones 4 stories 18.40.120 Detached Accessory Dwelling Units A. If an accessory dwelling unit is located above a detached accessory structure, such as a garage, the floor area of the portion of the building utilized as an accessory structure is not included in the calculation of square footage for the accessory dwelling unit. The square footage limits for accessory structures and for accessory dwelling units remain in effect. B. The height of an accessory dwelling unit is measured using the standards of Section 18.40.040. If an accessory dwelling unit is located above a detached accessory structure, such as a garage, then the combined height of the accessory structure and the accessory dwelling unit must not exceed the maximum height for a detached accessory dwelling unit. 18.40.130 Residential Density Measurements 18.40-10 Code Update: 11/18 A. Calculating maximum number of residential units for apartment, rowhouse, and single detached house development. To calculate the maximum number of residential units per net acre, divide the number of square feet in the net development are by the minimum number of square feet required for each lot in the applicable base zone. B. Calculating minimum number of residential units for apartment,rowhouse,and single detached house development. The minimum number of residential units per net acre is calculated by multiplying the maximum number of units determined in Subsection 18.40.130.A by 80 percent. C. Residential density for other housing types. Minimum and maximum residential density for cottage clusters, courtyard units, and quads are provided in the development standards chapters for each housing type. D. Fractions. When a density calculation results in a fraction, the result will be rounded down to the nearest consecutive whole number. (Ord. 17-22 §2) ■ Measurements 18.40-11 Code Update:11/18 Chapter 18.50 NONCONFORMING CIRCUMSTANCES Sections: 18.50.010 Purpose 18.50.020 General Provisions 18.50.030 Determination of Nonconforming Use Status 18.50.040 Criteria for Nonconforming Circumstances 18.50.050 Repairs and Maintenance 18.50.010 Purpose The purpose of this chapter is to allow certain nonconforming lots, structures, uses,and development to continue but to prohibit their enlargement,expansion, or extension.(Ord. 17-22 §2) 18.50.020 General Provisions A. Nonconforming circumstances are lots, structures, uses of land, and site improvements that were lawful when established, but that become nonconforming when an applicable zone or development standard changes and the existing circumstance would not be allowed as a result of the change. B. The status of a nonconforming circumstance is not affected by changes in ownership. C. A nonconforming circumstance may be changed to a conforming circumstance by right. Once a conforming circumstance occupies a site, the nonconforming rights are lost and the nonconforming circumstance may not be re-established. D. The regulations of this chapter apply to all nonconforming circumstances except the following: 1. Single detached houses in the MU-CBD zone. 2. Nonconforming uses and developments in the Washington Square Regional Center Plan District, which are subject to the standards of Section 18.670.050. 3. Nonconforming uses and developments in the TMU zone, which are subject to the standards of Chapter 18.660,Tigard Triangle Plan District. (Ord. 17-22 §2) 18.50.030 Determination of Nonconforming Use Status A determination regarding the legal status of a nonconforming circumstance is processed through a Director Determination, as provided in Chapter 18.730, Director Determinations.A nonconforming use is determined to be legal when both of the following are met: 1. The applicant has provided proof that the use was lawful at the time it was established, by one or more of the following: a. Copies of issued development permits or land use approvals granted at the time the use was established; b. Copies of zoning ordinances or maps; or Nonconforming Circumstances 18.50-1 Code Update:11/18 c. Demonstration that the use was established before the first development code for the City of Tigard was adopted. 2. The applicant has provided proof that the use has been maintained over time. This proof must include copies of one or more of the following for every other year from the time the use was established until the current year: a. Utility bills; b. Income tax records; c. Business licenses; d. Listings in telephone,business,or other related directories; e. Advertisements in dated publications,for example trade magazines; or f. Land use approvals or development permits. (Ord. 17-22 §2) 18.50.040 Criteria for Nonconforming Situations A. Nonconforming lots. 1. Except as provided in Paragraph 18.50.040.A.2 and Subsection 18.50.040.B and C, development of nonconforming lots and enlargement, extension, or reconstruction of uses on nonconforming lots are prohibited. 2. If a lot does not meet the lot size requirements of the applicable base zone in which the property is located,the lot may: a. Be occupied by one use allowed in a commercial zone, if the lot is located within a commercial zone; or b. Be occupied by a single detached house and accessory structures if located in a residential zone. 3. Development allowed on a nonconforming lot under the provisions of Paragraph 18.50.040.A.2 is subject to the following: a. The nonconforming lot must not be contiguous with other lots in the same ownership; and b. All other applicable provisions of this title must be met. 4. If a nonconforming lot of is contiguous with another lot in common ownership, the following provisions apply: a. The lots involved are considered to be an undivided unit of land for the purposes of this title; b. Conveyance, transfer, or use of the lots or any portion of the lots in any manner that violates this title is prohibited; and Nonconforming Circumstances 18.50-2 Code Update:11/18 li c. Division of the lots in a manner that results in a nonconforming lot is prohibited. B. Nonconforming uses. 1. If a lawfully established use of land exists that would not be allowed by this title,the use may be continued provided: a. The nonconforming use is not enlarged, increased, or extended to occupy a greater area of land or space, except that a nonconforming use may be enlarged, increased, or extended into any existing parts of the building it occupies, provided that the building was specifically designed and constructed to lawfully accommodate that use at the time of original construction; b. The nonconforming use is not moved in whole or in part to any portion of the lot; c. The nonconforming use of land is not discontinued for any reason for a period of more than six months; d. If the use is discontinued or abandoned for any reason for a period of six months, any subsequent use of land must conform to the regulations specified by this title for the base zone in which such land is located;and e. For purposes of calculating the six-month period, 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, iii. On the date of termination of any lease or contract under which the nonconforming use has occupied the land,or iv. On the date a request for final reading of water and power meters is made to the applicable utility provider. f. Additional structures,buildings,or signs are prohibited on a lot with a nonconforming use. 2. A nonconforming use may be changed to a conditional use allowed in the applicable base zone if approved through a conditional use review. Once a conditional use occupies the site, the nonconforming rights are lost and a nonconforming use may not be re-established. 3. The provisions of Section 18.50.040 do not grant an owner of a nonconforming use a vested right. The provisions of the section may be revised in a manner that does not change the rights granted by this section under this chapter. C. Nonconforming development. 1. Where a lawful structure or development exists that could not be built under the terms of this title by reason of restrictions on lot area, lot coverage, height, required parking, landscaping, or other Nonconforming Circumstances 18.50-3 Code Update:11/18 requirements, such structure or development may remain and its use continued provided it remains otherwise lawful,and complies with the following: a. The nonconforming structure or development may not enlarged or altered in a way that increases its nonconformity; b. If a nonconforming structure, development, or nonconforming portion of a structure or development is destroyed by any means to an extent of more than 60 percent of its current value as assessed by the Washington County assessor, reconstruction is prohibited except in conformity with this title;and c. If a structure or development is moved any distance for any reason, it must thereafter conform to the regulations for the applicable base zone after it is moved.(Ord. 17-22 §2) 18.50.050 Repairs and Maintenance A. Routine repairs and maintenance. On any nonconforming structure or portion of a structure containing a nonconforming circumstance, normal repairs, or replacement of roofs, non-bearing walls, fixtures,wiring, or plumbing may be performed in a manner not in conflict with the provisions of this chapter. B. Restoration to safe condition. Nothing in this chapter prevents the strengthening or restoring 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 such official.(Ord. 17-22 §2) ■ Nonconforming Circumstances 18.50-4 Code Update:11/18 Chapter 18.60 USE CATEGORIES Sections: 18.60.010 Purpose 18.60.020 Classification of Uses 18.60.030 Unlisted Uses 18.60.040 Residential Use Categories 18.60.050 Civic Use Categories 18.60.060 Commercial Use Categories 18.60.070 Industrial Use Categories 18.60.080 Other Use Categories 18.60.010 Purpose This chapter classifies land uses and activities into use categories on the basis of common functional, product, or physical characteristics. Characteristics include the type and amount of activity,the type of customers or residents,how goods or services are sold or delivered,and certain site factors. The use categories provide a systematic basis for assignment of present and future uses to zones.The decision to allow or prohibit the use categories in the various base zones is based on the goals and policies of the comprehensive plan.(Ord. 10-15 §1) 18.60.020 Classification of Uses A. Considerations. 1. The"Characteristics" subsection of each use category describes the characteristics of each use category.Uses are assigned to the category whose description most closely describes the nature of the primary use. 2. The following items are considered to determine what use category the use is in,and whether the activities constitute primary uses or accessory uses: a. Description of the activities in relationship to the characteristics of each use category; b. Relative amount of site or floor space and equipment devoted to the activities; c. Relative amounts of sales from each activity; d. Customer type for each activity; e. Relative number of employees in each activity; f. Hours of operation; g. Site arrangement, including buildings and structures; h. Vehicles used with the activities; i. The relative number of vehicle trips generated by the activities; Use Categories 18.60-1 Code Update:11/18 j. Signs; k. How the use advertises itself;and 1. Whether the activity would be likely to be found independent of the other activities on the site. B. Developments with multiple primary uses. When all of the primary uses of a development fall within one use category,then the development is assigned to that use category. When the primary uses of a development fall within different use categories,each primary use is classified in the applicable category and is subject to the regulations for that category. C. Accessory uses.The"Accessory Uses" subsection of each use category provides a list of common accessory uses associated with that use category.Accessory uses are allowed in conjunction with the use unless stated otherwise in the regulations.Also,unless otherwise stated,they are subject to the same regulations as the primary use. D. Use of examples.The"Examples" subsection of each use category provides a list of examples of uses that are included in the use category.The names of uses on the lists are generic.They are based on the common meaning of the terms and not on what a specific use may call itself.For example,a use whose business name is"Wholesale Liquidation"but that sells mostly to consumers,would be included in the Sales Oriented Retail Category rather than the Wholesale and Equipment Rental Category.This is because the actual activity on the site matches the description of Sales Oriented Retail.(Ord. 10-15 §1) 18.60.030 Unlisted Uses A. Purpose.The purpose of these provisions is to establish a procedure for determining whether certain specific unlisted uses are allowed in a base zone and to which use category the unlisted use is most similar. B. Approval process.The director will make a determination,using the process provided in Chapter 18.730,Director Determinations. C. Approval standards.The director will make a determination of the most appropriate use category based on the following: 1. Whether the use is consistent with the intent and purpose of the applicable base zone; 2. Whether the use is similar to and of the same general type as the use categories listed in the base zone; 3. Whether the use has similar intensity,density,and off-site impacts as the use categories listed in the base zone,to be evaluated using the criteria provided in Paragraph 18.60.020.A.2; and 4. Whether the use has similar impacts on the community facilities as the listed use categories. Community facilities include streets,schools, libraries,hospitals,parks,police and fire stations, and water,sanitary sewer and storm drainage systems. Use Categories 18.60-2 Code Update:11/18 D. Other provisions.The director will not authorize an omitted or unanticipated use in a base zone if the use category is specifically listed in another base zone as either an allowed use,restricted use,or a conditional use. (Ord. 10-15 §1) 18.60.040 Residential Use Categories A. Group Living. 1. Characteristics: Group Living is characterized by the residential occupancy of a dwelling unit by a group of unrelated individuals who do not meet the definition of Household Living.Tenancy is arranged on a month-to-month basis,or for a longer period. Uses where tenancy may be arranged for a shorter period are not considered residential.They are considered to be a form of transient lodging(see the Commercial Lodging or Temporary Shelter use categories). Large Group Living facilities may also be characterized by shared facilities for eating,hygiene, or recreation. The residents may or may not receive any combination of care,training,or treatment,as long as they also reside at the site. Group Living may include the State of Oregon definition of a residential facility. The maximum number of people who may reside in any given dwelling unit is determined by the state building code. 2. Accessory uses:Accessory uses commonly found are recreational facilities and parking. 3. Examples: Examples include dormitories;communes; fraternities and sororities;monasteries and convents;nursing and convalescent homes; some group homes for the physically and mentally disabled;and some residential programs for drug and alcohol treatment. 4. Exceptions: a. Does not include lodging meeting the definition of Temporary Shelter,Detention Facilities, or Commercial Lodging. b. Does not include lodging where the residents meet the definition of household,and where tenancy is arranged on a month-to-month basis,or for a longer period,which is classified as Household Living. B. Household Living. 1. Characteristics: Household Living is characterized by the residential occupancy of a dwelling unit by a household.Tenancy is arranged on a month-to-month basis,or for a longer period.Uses where tenancy may be arranged for a shorter period are not considered residential.They are considered to be a form of transient lodging(see the Commercial Lodging or Temporary Shelter use categories).Apartment complexes that have accessory services such as food service,dining rooms,and housekeeping are included as Household Living if tenancy meets length of stay requirements and residents have access to facilities for individual meal preparation. The maximum number of people who may reside in any given dwelling unit is determined by the state building code. 2. Accessory Uses:Accessory uses commonly found are recreational activities,keeping of common household pets,hobbies, and parking of the occupants' vehicles. Home occupations are subject to additional regulations. Use Categories 18.60-3 Code Update:11/18 3. Examples:Examples include living in houses, accessory dwelling units,apartments, condominiums,retirement center apartments,manufactured housing,and other structures with self-contained dwelling units. Includes most types of senior housing, for example congregate care and assisted living, if residents live in self-contained units. 4. Exceptions: Does not include lodging where tenancy may be arranged for periods less than 1 month. Such uses are considered transient lodging,and are classified as either Commercial Lodging or Temporary Shelter. (Ord. 10-15 §1) 18.60.050 Civic Use Categories A. Basic Utilities. 1. Characteristics:Basic Utilities are infrastructure services that need to be located in or near where the service is provided. Service may be public or privately provided. 2. Accessory Uses:Accessory uses commonly found are parking;control,monitoring,data,or transmission equipment;and shelters. 3. Examples:Examples include water and sewer systems,telephone exchanges,power substations, and transit stations. 4. Exceptions: a. Utility offices where employees or customers are generally present are classified as Office. b. Bus barns are classified as Warehouse/Freight Movement. c. Public or private passageways, including easements,for the express purpose of transmitting or transporting electricity,gas,oil, water,sewage,communication signals,or other similar services on a regional level are classified as Transportation and Utility Corridors. B. Colleges. 1. Characteristics: Colleges are institutions of higher education leading to a general or specialized degree.They are certified by the State Board of Higher Education or by a recognized accrediting agency,and tend to be in a campus like setting or on multiple blocks,with or without dormitories. 2. Accessory uses: Accessory uses commonly found include offices,housing for students,food service, laboratories,health and sports facilities,theaters,meeting areas,parking,maintenance facilities,and supporting commercial facilities. 3. Examples: Examples include universities, liberal arts colleges,community colleges,nursing and medical schools not accessory to a hospital,and seminaries. 4. Exceptions: a. Does not include private,for-profit trade and vocational schools,which are classified as Personal Services. Use Categories 18.60-4 Code Update:11/18 1 b. Does not include public and private schools at the primary,elementary,middle,junior high, or high school level that provide state mandated basic education. C. Community Services. 1. Characteristics:Community Services uses are public or non-profit recreational,social and multi- purpose facilities of an indoor or outdoor nature. 2. Accessory uses:Accessory uses commonly found are parking,offices,athletic facilities, clubhouses,picnic shelters,maintenance facilities,and concessions. 3. Examples: Examples include community centers, senior centers,indoor and outdoor tennis,. racquetball,and soccer clubs, indoor and outdoor swimming pools,parks,playgrounds,picnic areas,and golf courses. 4. Exceptions: a. Does not include uses meeting the definition of Cultural Institutions. b. Does not include multi-use trails,which are classified as Transportation and Utility Corridors. D. Cultural Institutions. 1. Characteristics: Cultural Institutions are uses of a public or non-profit nature that engage in the cultural,intellectual,historical,scientific,or artistic enrichment of the public. 2. Accessory uses:Accessory uses commonly found are parking,gift shops,bookstores,limited food and beverage services,and classrooms. 3. Examples: Examples include libraries,museums,and galleries. 4. Exceptions: a. Does not include uses meeting the definition of Schools or Colleges. b. Does not include uses meeting the definition of Community Services. E. Day Care. I. Characteristics:Day Care is the provision of regular child care,with or without compensation,to 4 or more children by a person or person(s)who are not the child's parent,guardian,or person acting in place of the parent, in a facility meeting all state requirements. 2. Accessory uses:Accessory uses commonly found are offices,play areas,and parking. 3. Examples: Examples include family day care,nursery schools,before-and-after school care facilities,and child development centers. 4. Exceptions: Does not include care given by the parents,guardians,or relatives of the children,or by babysitters. Use Categories 18.60-5 Code Update:11/18 F. Emergency Services. 1. Characteristics: Emergency Services are public safety facilities necessary for the protection of life and property. 2. Accessory uses: Accessory uses may include offices;meeting areas;parking;food preparation areas;transmission equipment;and temporary holding cells within a police station. 3. Examples: Examples include police and fire stations,emergency communications,and ambulance services. 4. Exceptions: a. Does not include uses meeting the definition of Detention Facilities. b. Does not include uses meeting the definition of Medical Centers. G. Medical Centers. 1. Characteristics: Medical Centers are facilities providing inpatient,outpatient,emergency,or related ancillary services to the sick and infirm,and are usually developed in a campus setting or on multiple blocks. 2. Accessory uses: Accessory uses may include diagnostic and treatment facilities, laboratories, surgical suites,kitchen and food service facilities,laundry facilities,housekeeping facilities, maintenance facilities,administrative offices,and parking. 3. Examples: Examples include hospitals and medical complexes that include hospitals. 4. Exceptions: a. Medical Centers may also include freestanding offices for hospital-based or private-practice physicians and other allied health care professionals;these medical office buildings are classified as Office. b. Does not include uses meeting the definition of Emergency Services. H. Postal Service. 1. Characteristics: Postal Service includes letter,periodical,and package delivery services traditionally operated by the United States Postal Service and for-profit entities such as United Parcel Service and Federal Express. Such facilities typically include customer sales, sorting facilities,and fleet truck loading and storage. 2. Accessory uses: Accessory uses commonly found are offices,parking,and storage facilities. 3. Examples: Examples include U.S. Post Offices and parcel package distribution centers. I. Religious Institutions. Use Categories 18.60-6 Code Update:11/18 1. Characteristics: Religious Institutions provide meeting space that is primarily used for religious worship. 2. Accessory uses:Accessory uses may include offices,classrooms,daycare,parking,social halls, recreational activities,and Temporary Shelter allowed as a temporary use under the provisions of Chapter 18.440,Temporary Uses. 3. Examples:Examples include churches,temples,synagogues, and mosques. J. Schools. 1. Characteristics: Schools include public and private schools at the primary,elementary,middle, junior high,or high-school level that provide state mandated basic education. 2. Accessory uses: Accessory uses may include play areas, cafeterias,recreational and sports facilities,athletic fields,auditoriums,and before-or after-school daycare. 3. Examples: Examples include public and private daytime schools. 4. Exceptions: a. Does not include preschools, which are classified as Day Care. b. Does not include private,profit-making trade and vocational schools,which are classified as Personal Services. c. Does not include uses meeting the definition of Colleges. K. Social/Fraternal Clubs/Lodges. 1. Characteristics: Social/Fraternal Clubs/Lodges are non-profit organizations with social, philanthropic,or recreational functions and activities. 2. Accessory uses: Accessory uses commonly found are offices, auditoriums,parking,limited food and beverage service, and Temporary Shelter allowed as a temporary use under the provisions of Chapter 18.440,Temporary Uses. 3. Examples:Examples include Veterans of Foreign Wars posts,Elks Lodges,and Masonic Temples. L. Temporary Shelter. 1. Characteristics: Temporary Shelter uses are operated by a public or non-profit agency and provide mass shelter or short term housing where tenancy may be arranged for periods of less than one month. The use may also provide special counseling,education,or training of a public, nonprofit,or charitable nature. 2. Accessory Uses: Accessory uses may include offices,meeting areas,food preparation areas, parking,health and therapy areas,day care uses,and athletic facilities. 3. Examples:Examples include homeless shelters and shelters for women and children. Use Categories 18.60-7 Code Update:11/18 4. Exceptions: a. Does not include for-profit lodging where tenancy may be arranged for periods less than 1 month,which is considered a hotel or motel use and is classified as Commercial Lodging. b. Does not include residential uses meeting the definition of Household Living or Group Living. d. Does not include residential uses meeting the definition of Detention Facilities. 18.60.060 Commercial Use Categories A. Adult Entertainment. 1. Characteristics:Adult Entertainment includes uses characterized or distinguished by an emphasis on matters depicting specified sexual activities or anatomical areas. 2. Accessory uses:Accessory uses commonly found include parking. 3. Examples:Examples include adult motion picture theaters,adult book stores,and topless, bottomless,and nude taverns and dance halls. B. Animal-Related Commercial. I. Characteristics:Animal-Related Commercial uses are those engaged in breeding or boarding of normal household pets. Limited animal sales may or may not be part of the use. 2. Accessory uses:Accessory uses commonly found include parking,office space,and storage space. 3. Examples:Examples include animal breeders,kennels,and overnight boarding facilities. 4. Exceptions: a. Facilities where the primary activity is animal sales are classified as Sales-Oriented Retail. b. Does not include animal grooming,which is classified as Personal Services or Repair- Oriented Retail. c. Does not include veterinary clinics,which are classified as Office. d. Does not apply to poultry or livestock,which are classified as Agriculture/Horticulture. e. Overnight boarding facilities for household pets when these facilities and all their activities, with the exception of parking,are completely enclosed within a building,are classified as Personal Services. C. Bulk Sales. Use Categories 18.60-8 Code Update:11/18 1. Characteristics: Establishments engaging in the sales.leasing. and rental of bulky items requiring extensive interior space for display. 2. Accessory uses:Accessory uses commonly found include parking,office space,and storage space. 3. Examples: Examples include furniture,large appliances,and home improvement. 4. Exceptions: a. Does not include uses meeting the definition of Outdoor Sales. b. Does not include Motor Vehicle Sales/Rental. D. Commercial Lodging. 1. Characteristics: Commercial Lodging includes for-profit residential facilities where tenancy is typically less than 1 month. 2. Accessory uses:Accessory uses commonly found are parking,restaurants and bars,meeting and convention facilities,and recreational facilities for guests such as pools and gym. 3. Examples: Examples include hotels,motels,rooming houses,and bed-and-breakfast establishments. 4. Exceptions: Does not include uses meeting the definition of Group Living or Temporary Shelter. E. Custom Arts and Crafts. 1. Characteristics:Establishments engaged in the on-site manufacture and sale of crafts,art, sculpture,pottery,stained glass,musical instruments,and similar items produced without the use of a mechanized assembly line or large-scale machinery. Typically the business is operated by an artist or craftsperson who may or may not be supported by a small number of assistants. 2. Accessory uses:Accessory uses commonly found include showrooms, sales facilities,parking, office space,and storage space. 3. Examples: Examples include artisans and artists producing arts and crafts from materials such as wood,glass,fabric,fiber,and painted images on canvas or other portable materials. 4. Exceptions: Does not include uses where customers come to paint or assemble their own craft or artwork. Such uses are classified as Sales-Oriented Retail. F. Eating and Drinking Establishments. 1. Characteristics: Eating and Drinking Establishments are characterized by the sale of prepared food and beverages for consumption on-site or take-away. 2. Accessory uses: Accessory uses commonly found are parking and outdoor seating areas. Use Categories 18.60-9 Code Update:11/18 3. Examples: Examples include restaurants, delicatessens,retail bakeries,taverns, brew-pubs. and espresso bars. 4. Exceptions: Does not include grocery stores and convenience stores,which are classified as Sales-Oriented Retail. G. Indoor Entertainment. 1. Characteristics: Indoor entertainment consists of for-profit facilities providing active recreational uses of a primarily indoor nature. 2. Accessory uses:Accessory uses commonly found include parking,offices,limited retail,and concessions. 3. Examples: Examples include health/fitness clubs,tennis,racquetball and soccer centers, recreational centers,skating rinks,bowling alleys,arcades,shooting ranges,and movie theaters. 4. Exceptions: Does not include uses meeting the definition of Community Services or Cultural Institutions. H. Major Event Entertainment. 1. Characteristics: Major Event Entertainment facilities are uses characterized by activities and structures that draw large numbers of people to specific events or shows.Activities are generally of a spectator nature. 2. Accessory uses: Accessory uses commonly found include parking,maintenance facilities,and concessions. 3. Examples: Examples include auditoriums,stadiums,convention centers,and race tracks. 4. Exceptions: a. Does not include uses meeting the definition of Cultural Institutions. b. Does not include movie theaters or playhouses,which are classified as Indoor Entertainment. I. Motor Vehicle Sales/Rental. 1. Characteristics: Motor Vehicle Sales/Rental includes land uses involved in the sale,lease, or rental of cars,motorcycles, light and heavy trucks,mobile homes,boats,and recreational vehicles. 2. Accessory uses: Accessory uses commonly found include parking,auto repair and maintenance facilities,office space,and storage space. 3. Examples: Examples include auto dealerships,used car lots,and car rental facilities. J. Motor Vehicle Servicing/Repair. Use Categories 18.60-10 Code Update:11/18 1. Characteristics:Motor Vehicle Serving/Repair includes freestanding vehicle servicing and repair establishments not accessory to new vehicle sales. 2. Accessory uses:Accessory uses commonly found include parking,office space,and storage space. 3. Examples: Examples include general service stations,quick oil-change facilities,car washes,and body shops. K. Non-Accessory Parking, 1. Characteristics:Non-Accessory Parking is any public or private parking that is not accessory to a primary use.A fee may or may not be charged.A facility that provides both accessory parking for a specific use and regular fee parking for people not connected to the use is also classified as Non-Accessory Parking. 2. Accessory uses: Accessory uses commonly found are a ticket booth to collect fees and house security personnel. 3. Examples: Examples include public and private structures and surface parking lots,freestanding fleet vehicle parking,commercial district shared parking lots,and transit park-and-ride lots. 4. Exceptions: Parking facilities accessory to a use,but that charge the public to park for occasional events nearby,are not classified as Non-Accessory Parking. L. Office. 1. Characteristics: Office uses are characterized by activities conducted in an office setting that focus on the provision of goods and services,usually by professionals. Traditional Office uses are characterized by activities that generally focus on business,government,professional,medical,or financial services.Office uses may include activities that,while conducted in an office-like setting,are less consumer-oriented and focus on the support of off-site service personnel or in the development,testing,production,processing,packaging,or assembly of goods and products. Medical,dental,veterinary offices are out-patient clinics that provide healthcare to humans or animals,characterized by a professional or group of professionals assisted by support staff. 2. Accessory uses:Accessory uses commonly found are parking and storage facilities. 3. Examples:Examples include government offices;medical,dental,and veterinary clinics and laboratories;blood collection centers;professional offices for attorneys,architects,engineers, stockbrokers, insurance brokers,and other consultants;headquarters offices; sales offices;radio and television studios;administrative offices for painting,building,and landscaping contractors; and software development firms. 4. Exceptions: a. Offices that are part of and are located within a firm in another use category are considered accessory to the firm's primary activity. Use Categories 18.60-11 Code Update:11/18 b. Contractors and others who perform services off-site are included in the Office category if equipment and materials are incidental to the office use and their storage does not constitute 50 percent or more of occupied space; otherwise,they are classified as Industrial Services. M. Outdoor Entertainment. 1. Characteristics: Outdoor Entertainment consists of for-profit facilities providing active recreational uses primarily in an out-of-doors setting. 2. Accessory uses: Accessory uses commonly found include parking,offices,clubhouses,and concessions. 3. Examples: Examples include outdoor tennis clubs,golf courses,and shooting ranges. 4. Exceptions:Does not include uses meeting the definition of Community Services. N. Outdoor Sales. 1. Characteristics: Outdoor Sales are sales-oriented establishments requiring extensive outdoor or only partially-enclosed display or storage. These uses may be retail,wholesale,or a combination of the two. 2. Accessory uses: Accessory uses commonly found include parking and office space. 3. Examples:Examples include lumber yards and plant nurseries. 4. Exceptions: a. Does not include Motor Vehicle Sales/Rental and Vehicle Fuel Sales. b. Does not include outdoor dining areas for Eating and Drinking Establishments. c. Does not include incidental and temporary outdoor activities such as Christmas tree lots, "sidewalk sales," and seasonal markets,which may be subject to regulation in Chapter 18.440,Temporary Uses. d. Does not include limited outdoor or partially-enclosed display or storage areas that are clearly incidental and accessory to retail uses selling hardware and home improvement supplies. O. Personal Services. 1. Characteristics: Personal Services are establishments that are oriented towards the provision of consumer services in a manner typically necessitating no more than 1 consumer visit per service transaction. 2. Accessory uses:Accessory uses commonly found include parking,office space,and storage space. 3. Examples:Examples include banks/credit unions,barber/beauty shops,self-serve pet grooming, laundromats,copy centers,photographic studios,trade/vocational schools, mortuaries,and beverage container redemption centers. Use Categories 18.60-12 Code Update:11/18 4. Exceptions: a. Does not include Office. b. Does not include Repair-Oriented Retail. c. Does not include Motor Vehicle Servicing/Repair and Vehicle Fuel Sales. P. Repair-Oriented Retail. 1. Characteristics: Repair-Oriented Retail are establishments providing product repair of consumer and business goods,and other consumer services that typically necessitate 2 or more consumer visits per service transaction. 2. Accessory uses:Accessory uses commonly found include parking, office space,workshop space, and storage. 3. Examples: Examples include televisions and radios,bicycles,clocks,jewelry,guns,small appliances,office equipment,tailors and seamstresses,shoe repair,locksmiths,upholsterers, photo and laundry drop-off,dry-cleaners,quick printing,drop-off pet grooming, and doggy- daycare. 4. Exceptions: Does not include Motor Vehicle Servicing/Repair. Q. Sales-Oriented Retail. 1. Characteristics: Sales-Oriented Retail firms are involved in the sale,leasing,and rental of new or used products to the general public. 2. Accessory uses: Accessory uses commonly found include parking,office space, storage space, and temporary outdoor activities subject to regulation in Chapter 18.440,Temporary Uses. 3. Examples:Examples include art,art supplies,bicycles,clothing,dry goods,electronics,fabric, gifts,groceries,hardware,household products,jewelry,pets and pet products,pharmaceuticals, plants,printed materials,stationery,and printed and electronic media. 4. Exceptions: a. Does not include uses meeting the definition of Bulk Sales. b. Does not include uses meeting the definition of Outdoor Sales. c. Does not include Motor Vehicle Sales/Rental and Vehicle Fuel Sales. R. Self-Service Storage. 1. Characteristics: Commercial operations that provide rental of storage space to individuals or business uses. The storage areas are designed to allow private access by the tenant for storing or removing personal property. Use Categories 18.60-13 Code Update:11/18 2. Accessory uses: Accessory uses commonly found include parking and office space. 3. Examples:Examples include single-story and multi-story facilities that provide individual storage areas for rent,often called mini-warehouses or self-storage facilities;and the storage of boats and recreational vehicles. 4. Exceptions: a. Does not include moving and storage companies where there is no individual storage or where employees are primary movers of the goods to be stored. Such uses are classified as Warehouse/Freight Movement. b. Does not include the storage of fleet vehicles,which is classified as Non-Accessory Parking, or the storage of sales or rental inventory,which is classified as Motor Vehicle Sales/Rental. S. Vehicle Fuel Sales. 1. Characteristics: Vehicle Fuel Sales includes establishments engaging in the sale of petroleum and non-petroleum based fuels for cars,motorcycles,trucks,recreational vehicles,and boats. 2. Accessory uses: Accessory uses commonly found include parking,office space,and storage space. 3. Examples: Examples include gas stations and electric vehicle charging stations. (Ord. 10-15 §1) 18.60.070 Industrial Use Categories A. General Industrial. 1. Characteristics:General Industrial includes the manufacturing,processing,and assembling of semi-finished or finished products from raw materials.All activities are contained within buildings,with some outside storage of raw materials. 2. Accessory uses: Accessory uses commonly include parking,office,and storage space. 3. Examples: Examples include food processing;breweries,distilleries and wineries;production of apparel or textiles;woodworking including cabinet makers;production of chemical,rubber, leather,clay,bone,plastic,stone or glass materials or products;manufacturing and production of large-scale machinery. 4. Exceptions: a. Does not include uses meeting the definition of Custom Arts and Crafts. b. Does not include the manufacture and production of goods from the composting of organic material,which is classified as Waste-Related. B. Heavy Industrial. 1. Characteristics: Heavy Industrial includes the manufacturing,processing,and assembling of semi-finished or finished products from raw materials.A substantial portion of activities and Use Categories 18.60-14 Code Update: 11/18 storage may be undertaken outdoors with resulting noise,glare vibration,and other potentially adverse impacts. 2. Accessory uses: Accessory uses may include parking,office,storage,and maintenance facilities. 3. Examples: Examples include energy production facilities;concrete batching and asphalt mixing; production of metals or metal products including enameling and galvanizing;production of cars, trucks,recreational vehicles;or mobile homes. 4. Exceptions: Does not include energy production from the biological decomposition of organic materials, such uses are classified as Waste-Related. C. Industrial Services. 1. Characteristics: Industrial Services are uses that repair and service industrial,business,or consumer machinery,equipment,products or by-products.Firms that service consumer goods do so by mainly providing centralized services for separate retail outlets. Includes contractors, building maintenance services,and similar uses that perform services off-site.Few customers, especially the general public,come to the site. 2. Accessory uses: Accessory uses may include offices,parking,storage,loading docks,and railroad lead and spur lines to allow the loading and unloading of rail cars. 3. Examples: Examples include welding shops;machine shops;repair shops for tools, scientific/professional instruments,and motors; sales,repair,storage,salvage,or wrecking of heavy machinery,metal and building materials;towing and vehicle storage;auto and truck salvage and wrecking;heavy truck servicing and repair;tire recapping and retreading;truck stops;building,heating,plumbing,or electrical contractors; printing,publishing,and lithography; exterminators;janitorial and building maintenance contractors;fuel oil distributions;solid fuel yards;laundry,dry-cleaning,and carpet cleaning plants; and photo-finishing laboratories. 4. Exceptions: Contractors and others who perform services off-site are included in the Office category if equipment and materials storage does not constitute 50 percent or more of occupied space and fabrication or similar work is not carried out at the site. D. Light Industrial. 1. Characteristics: Light Industrial includes the production,processing,assembling,packaging, or treatment of finished products from previously prepared materials or components.All activities and storage are contained within buildings. 2. Accessory uses:Accessory uses commonly include parking, office,and storage space. 3. Examples: Examples include the manufacturing and assembly of small-scale machinery, appliances,computers,and other electronic equipment;pharmaceuticals; scientific and musical instruments; art work,toys,and other precision goods; sign-making;and catering facilities. 4. Exceptions: Does not include uses meeting the definition of Custom Arts and Crafts. E. Railroad Yards. Use Categories 18.60-15 Code Update:11/18 I. Characteristics:Railroad Yards are areas that contain multiple railroad tracks used for rail car switching,assembling of trains, and the transshipment of goods from other transportation modes to or from trains. 2. Accessory uses: Accessory uses may include offices,employee facilities, storage areas, and rail car maintenance and repair facilities. F. Research and Development. 1. Characteristics: Research and Development includes facilities featuring a mix of uses including office,research laboratories,and prototype manufacturing. 2. Accessory Uses:Accessory uses may include parking,storage,and employee facilities. 3. Exceptions: If manufacturing is not present,it is classified as Office. G. Warehouse/Freight Movement. 1. Characteristics: Warehouse/Freight Movement includes uses involved in the storage and movement of large quantities of materials or products for themselves or other firms.Goods are generally delivered to other firms for the final consumer,except for some will-call pickups.May occur indoors or outdoors,and usually associated with significant truck and rail traffic.There is little on-site sales activity with the customer present. 2. Accessory uses:Accessory uses may include offices,parking,fleet truck parking and maintenance area,storage,docks,rail spur or lead lines,and the repackaging of goods. 3. Examples: Examples include freestanding warehouses associated with retail furniture or appliance outlets;household moving and general freight storage; cold storage plants/frozen food lockers;weapon and ammunition storage;major wholesale distribution centers;truck,marine and air freight terminals;bus barns;grain terminals; and stockpiling of sand,gravel, bark dust,or other aggregate and landscaping materials. 4. Exceptions: Uses that involve the transfer or storage of solid or liquid wastes are classified as Waste-Related. H. Waste-Related. 1. Characteristics: Waste-Related uses are characterized as uses that receive solid or liquid wastes from others for disposal onsite or for transfer to another location,uses that collect sanitary wastes, or uses that manufacture or produce goods from the biological decomposition of organic material. Waste-Related uses also include uses that receive hazardous wastes from others and are subject to state regulations regarding hazardous waste management. 2. Accessory uses:Accessory uses may include parking,recycling of materials, offices,and repacking and transshipment of by-products. 3. Examples: Examples include recycling/garbage transfer stations; landfills; waste composting, energy recovery,portable sanitary equipment storage and pumping,and sewage treatment plants. 4. Exceptions: Use Categories 18.60-16 Code Update:11/18 a. Infrastructure services that must be located in or near the area where the service is provided in order to function are classified as Basic Utilities.Examples include sewer pipes that serve a development or water re-use pipes and tanks,pump stations,and collection stations necessary for the water re-use that serve a development or institution. b. The disposal of clean fill,as defined in OAR 340-093-0030, is not classified as Waste- Related. I. Wholesale and Equipment Rental. 1. Characteristics: Wholesale and Equipment Rental is characterized by the sale,leasing,or rental of equipment or products primarily intended for industrial,institutional,or commercial users.The use emphasizes on-site sales or order taking,and often include display areas. The uses may or may not be open to the general public,but sales to the general public are limited as a result of the way in which the firm operates.Products may be picked up on site or delivered to the customer. 2. Accessory uses:Accessory uses may include offices,product repair,warehouses,parking,and the repackaging of goods. 3. Examples:Examples include the sale or rental of machinery,equipment,building materials, special trade tools,welding supplies,machine parts,electrical supplies,janitorial supplies, restaurant equipment,and store fixtures;mail order houses; and wholesalers of food,clothing, auto parts,and building hardware. 4. Exceptions: a. Firms that engage primarily in sales to the general public are classified as Sales-Oriented Retail or Bulk Sales. b. Firms that are primarily storing goods with little on-site business activity are classified as Warehouse/Freight Movement. (Ord. 10-15 §1) 18.60.080 Other Use Categories A. Agriculture/Horticulture. 1. Characteristics: Agricultural/Horticultural uses are open areas devoted to the raising,production, or keeping of plants or animals being raised for food or fiber production. Sales of products grown on site may be included. 2. Accessory uses:Accessory uses include dwellings for proprietors and animal training. 3. Examples: Examples include breeding or raising of fowl or livestock,stables,riding academies, farming,and truck gardening. 4. Exceptions: a. Does not include nurseries,which are classified as Outdoor Sales. Use Categories 18.60-17 Code Update:11/18 b. Does not include uses involving common household pets,which are classified as Animal- Related Commercial. B. Cemeteries. 1. Characteristics: Cemeteries are facilities for the permanent storage of human remains. 2. Accessory uses:Accessory uses may include chapels,mortuaries,offices,maintenance facilities, and parking. C. Detention Facilities. 1. Characteristics: Detention Facilities are uses devoted to the judicially required detention, incarceration,or supervision of people. 2. Accessory uses:Accessory uses include offices,recreational and health facilities,therapy facilities,maintenance facilities,and hobby and manufacturing facilities. 3. Examples:Examples include prisons,jails,probation centers,juvenile detention homes,and related post-incarceration and half-way houses. 4. Exceptions: Programs that provide care and training or treatment for psychiatric,alcohol,or drug problems,where patients are residents of the program,but where patients are not supervised by public safety personnel, are classified as Group Living or Medical Center uses. D. Heliports. 1. Characteristics: Heliports are public or private facilities designed for the landing,departure, storage,and fueling of helicopters. 2. Accessory uses: Accessory uses may include offices,parking,maintenance,and fueling facilities. E. Mining. 1. Characteristics:Mining is the extraction of mineral or aggregate resources from the ground for off-site use. 2. Accessory uses:Accessory uses may include office,parking,storage, sorting,and transfer facilities. 3. Examples: Examples include dredging or mining for sand or gravel,quarrying,and oil,gas,or geothermal drilling. F. Transportation/Utility Corridors. 1. Characteristics:Transportation/Utility Corridors are regional corridors in public or private ownership,including easements,dedicated for the express use of rail lines;multi-use trails; above-grade or underground power or communication lines;water, sewer,and storm sewer lines; or similar services. Use Categories 18.60-18 Code Update:11/18 2. Accessory uses:Accessory uses commonly found include trailhead improvements such as public restrooms and parking lots. 3. Examples: Examples include rail trunk and feeder lines; multi-use trails;regional electrical transmission lines; and regional gas and petroleum pipelines. 4. Exceptions: a. Railroad lead and spur lines for delivery of rail cars to sites or for unloading of rail cars on specific sites are classified as accessory to the primary use of the site. b. Transportation/Utility Corridors contained within motor vehicle rights-of-way are not included. c. Does not include Railroad Yards. G. Wireless Communications Facilities. 1. Characteristics: Wireless Communication Facilities includes all devices,equipment,machinery, structures,and supporting elements necessary to produce electromagnetic radiation to produce a discrete wireless signal or message.Towers may be self-supporting,guyed,or mounted on poles or buildings. 2. Accessory uses: Accessory uses commonly includes related ancillary equipment structures. 3. Examples:Examples include television and AM/FM radio transmission towers,microwave relay stations,and cellular communications equipment. 4. Exceptions: a. Does not include transmission facilities that are part of the public safety network,which are classified as Basic Utilities or Emergency Services. b. Does not include amateur(ham)radio antennas or towers. c. Does not include radio and television studios,which are classified as Office.(Ord. 15-05 §2; Ord. 10-15 §1) ■ Use Categories 18.60-19 Code Update:11/18 18.100 BASE ZONES Chapters: 18.110 Residential Zones 18.120 Commercial Zones 18.130 Industrial Zones 18.140 Parks and Recreation Zone 18.100:Base Zones 18.100-1 Code Update: 11/18 Chapter 18.110 RESIDENTIAL ZONES Sections: 18.110.010 Purpose 18.110.020 List of Base Zones 18.110.030 Land Use Standards 18.110.040 Housing Types 18.110.050 Densities 18.110.010 Purpose The Residential Zones are intended to implement the policies of the Comprehensive Plan related to housing by: A. Creating an environment in which construction of a full range of owner-occupied and rental housing at affordable prices is encouraged; B. Providing residential zones of varying densities, with flexible design and development standards to encourage innovation and reduce housing costs; C. Accommodating compatible nonresidential development—schools, churches, parks and recreation facilities, day care centers, neighborhood commercial uses and other services—at appropriate locations and at an appropriate scale; and D. Enhancing the livability of neighborhoods by encouraging diversity in housing stock and promoting opportunities for walkability. 18.110.020 List of Base Zones The names and map symbols of the residential base zones are listed in Table 18.110.1 below. When this title refers to the residential zones, it is referring to the eight base zones listed here. Table 18.110.1 List of Base Zones Low-density Zones Medium-density Medium-hig= ' High-density Zones Zones densit Zones R-1 R-7 R-25 R-40 R-2 R-12 R-3.5 R-4.5 18.110.030 Land Use Standards A. General Provisions. A list of allowed,restricted, conditional, and prohibited uses in residential zones is provided in Table 18.110.2. If a use category is not listed,see Section 18.60.030. 1. Allowed(A). Uses that are allowed, subject to all of the applicable provisions of this title. Residential Zones 18.110-1 Code Update:11/18 2. Restricted(R).Uses that are allowed provided they are in compliance with special requirements, exceptions,or restrictions. 3. Conditional(C). Uses that require the approval of the hearings officer using discretionary criteria. The approval process and criteria are provided in Chapter 18.740,Conditional Use. 4. Prohibited(P). Uses that are not allowed under any circumstance. Table 18.110.2 Use Table Use Categories R-1 R-2 R-3.5 R-4.5 R-7 R-12 R-25 R-40 Residential Use Categories Group Living A A A A A A A A Household Living A A A A A A A A Civic/Institutional Use Categories ak Basic Utilities [1] C C C C C C C C Colleges C C C C C C C C Community Services C C C C C C C C Cultural Institutions P P C C C C P P Day Care[2] A/C A/C A/C A/C A/C A/C A/C A/C Emergency Services C C C C C P P P Medical Centers P P C C C C C C Postal Service P P P P P P P P Religious Institutions C C C C C C C C Schools[3] C C C C C C C C Social/Fraternal Clubs/Lodges P P P P P C C C Temporary Shelter P P P P P C C C ; #,4 ;,cial Use Categories .. . Adult Entertainment P P P P P P P P Animal-Related Commercial P P P P P P P P Bulk Sales P P P P P P P P Commercial Lodging P P P P P P P P Custom Arts and Crafts P P P P P P P P Eating and Drinking Establishments P P P P P P P P Indoor Entertainment P P P P P P P P Major Event Entertainment[4] C C C C C C C C Motor Vehicle Sales/Rental P P P P P P P P Motor Vehicle Servicing/Repair P P P P P P P P Non-Accessory Parking P P P P P C[5] C[5] C[5] Office _P P P P P P P P Outdoor Entertainment P P P P P P P P Outdoor Sales P P P P P P P P Personal Services P P P P P P R[6] R[6] Repair-Oriented Retail P P P P P P R[6] R[6] Sales-Oriented Retail P P P P P P R[6] R[6] Self-Service Storage P P P P P P P P Vehicle Fuel Sales P P P P P P P P Industrial Use Categories General Industrial P P P P P P P P Heavy Industrial P P P P P P P P Residential Zones 18.110-2 Code Update:11118 Industrial Services P P P P P P P P Light Industrial P P P P P P P P Railroad Yards P P P P P P P P Research and Development P P P P P P P P Warehouse/Freight Movement P P P P P P P P Waste-Related P P P P P P P P Wholesale and Equipment Rental P P P P P P P P Other Use Categories _ Agriculture/Horticulture A[7] A[7] A[7] A[7] A[7] P P P Cemeteries P P C C C P P P Detention Facilities P P P P P P P P Heliports P P P P P P P P Mining P P P P P P P P Transportation/Utility Corridors C C C C C C C C Wireless Communication Facilities [8] A/R A/R A/R A/R A/R A/R A/R A/R A=Allowed R=Restricted C=Conditional Use P=Prohibited [1] Except water, storm, sanitary sewers, and other underground infrastructure facilities, which are allowed by right. [2] In-home day care that meets all state requirements allowed; freestanding day care centers that meet all state requirements allowed conditionally. [3] School bus parking is allowed on public high school sites as an accessory use if located a minimum of 200 feet from the nearest property line of any tax lot used for residential purposes. Maximum time limitation is 3 years. An extension to the time limit is possible through a major modification to the conditional use. [4] Allowed conditionally on public school sites. [5] Only park-and-ride and other transit-related facilities allowed conditionally. [6] Limited to ground-floor level of apartment developments, not to exceed 10 percent of square footage of the building. [7] When an agricultural use is adjacent to a residential use, no poultry or livestock, other than normal household pets, may be housed or provided use of a fenced run within 100 feet of any nearby residence except a dwelling on the same lot. [8] See Chapter 18.450, Wireless Communication Facilities, for requirements. 18.110.040 Housing Types A. A housing type is not a use category. It describes a type of development that can contain a household living or group living use. B. A list of allowed, limited, and prohibited housing types in commercial zones is provided in Table 18.110.3.Terms and abbreviations used are defined as follows: I. Yes,allowed(Y). Housing types that are allowed. 2. Limited(L). Housing types that require a conditional use approval or are allowed subject to specific limitations. Residential Zones 18.110-3 Code Update:11/18 3. No,prohibited(N). Housing types that are not allowed under any circumstance. C. Housing types that are allowed or allowed on a limited basis are subject to the standards and provisions of the applicable development standards chapter, which is indicated in parentheses in the first column of Table 18.110.3. D. All allowed housing types may be built on site or brought to the site as a manufactured home. Tiny houses are prohibited in all zones. Table 18.110.3 Housing Types oasm: ►es R-1 R-2 R-3.5 like II R-7 R-12 R-25 R-40 Detached Dwellin Is Accessor Dwellin_ Units(18.220) Y Y Y Y Y Y Y N Cotta:e Clusters 18.240 N N Y Y Y Y N N Mobile Home Parks(18.260 N N ©IRUDU Y Y Y Y Sin-le Detached Houses (18.290) Y Y Y Y Y Y Y N Attached Dwellin Is '41111111111111111/ III Accessor Dwellin_ Units(18.220) Y Y Y Y Y Y Y N A•artments 18.230 N N N N N Y Y Y Court and Units 18.250 N N Y Y Y Y N N •uads 18.270 N N BU119111 Y Y N N Rowhouses 18.280 N N N N IMMI Y Y N Y=Yes,Allowed L=Limited, see footnotes N=No,Prohibited [1] Allowed only through a conditional use application. [2] Quads allowed only on corner lots and on interior lots that front an arterial or collector street. [3] Rowhouses of up to 5 units per grouping allowed. 18.110.040 Densities The maximum density limits and minimum density requirements for the housing types listed in Table 18.110.3 are provided in the applicable development standards chapter for each housing type and calculated using the methods in Section 18.40.130. Residential Zones 18.110-4 Code Update:11/18 Chapter 18.120 COMMERCIAL ZONES Sections: 18.120.010 Purpose 18.120.020 List of Base Zones 18.120.030 Land Use Standards 18.120.040 Housing Types 18.120.050 Development Standards 18.120.060 Special Limitations on Uses 18.120.070 Additional Development and Design Guidelines 18.120.010 Purpose A. Purpose. One of the major purposes of the regulations governing development in commercial zones is to ensure that a full range of retail and office uses are available throughout the city so that residents can fulfill all or most of their needs within easy driving and, ideally within easy walking or biking distance of their homes.The location of land within each commercial district will be carefully selected and design and development standards created to minimize the potential adverse impacts of commercial activity on established residential areas.At the same time, it is important to create more opportunities for mixed-use development,including residential,commercials and institutional activities, in new and re-developing commercial areas. B. Facilitate economic goals.Another purpose of these regulations is to ensure that there is a full range of economic activities and job opportunities within the city limits, in compliance with the economic goals of the City of Tigard Comprehensive Plan. (Ord. 17-22 §2) 18.120.020 List of Base Zones A. C-N: neighborhood commercial zone. The C-N zone is designed to provide convenience goods and services within a small cluster of stores adjacent to residential neighborhoods. Convenience goods and services are those that are purchased frequently, meaning at least weekly; for which comparison buying is not required; and that can be sustained in a limited trade area. Such uses include convenience markets, personal services, and repair shops. A limited number of other uses, including but not limited to restaurants, gas stations, medical centers, religious institutions,transit-related park- and-ride lots,and facilities with drive-through windows,are allowed conditionally. B. C-C: community commercial zone. The C-C zone is designed to provide convenience shopping facilities that meet the regular needs of nearby residential neighborhoods. With a service area of about 1.5 miles, such commercial centers typically range in size from 30,000-100,000 square feet on sites ranging from 2 to 8 acres. Separated from other commercially-zoned areas by at least 0.5 miles, community commercial centers are intended to serve several residential neighborhoods, ideally at the intersection of two or more collector streets or at the intersection of an arterial and collector street. A limited number of other uses, including but not limited to car washes, gas stations, religious institutions,and transit-related park-and-ride lots, are allowed conditionally. C. C-G: general commercial zone. The C-G zone is designed to accommodate a full range of retail, office, and civic uses with a citywide and even regional trade area. Except where nonconforming, residential uses are limited to mixed-use developments. A wide range of uses, including but not limited to adult entertainment, automotive equipment repair and storage, mini-warehouses, utilities, Commercial Zones 18.120-1 Code Update:11/18 heliports, medical centers, major event entertainment, and gasoline stations, are allowed conditionally. D. C-P: professional/administrative commercial zone. The C-P zone is designed to accommodate civic and professional services and compatible support services, for example convenience retail, personal services, and restaurants, in close proximity to residential areas and major transportation facilities. Heliports, medical centers, religious institutions, and utilities are allowed conditionally. Developments in the C-P zone are intended to serve as a buffer between residential areas and more intensive commercial and industrial areas. E. MU-CBD: mixed-use central business zone. The MU-CBD zone is designed to provide a pedestrian- friendly urban village in downtown Tigard.A wide variety of commercial,civic,employment,mixed- use, apartments, and rowhouses are allowed. In addition to the standards of this chapter, development within this zone is subject to the standards of Chapter 18.650,Tigard Downtown Plan District. F. MUE: mixed-use employment zone. The MUE zone is designed to accommodate a wide range of uses including major retail goods and services, business/professional offices, civic uses, and apartments. G. MUE-1 and MUE-2: mixed-use employment 1 and 2 zone. The MUE-1 and 2 zones are designed to apply to areas where employment uses such as office, research and development and light manufacturing are concentrated. Commercial and retail support uses are allowed but are limited, and residential uses are allowed that are compatible with the employment character of the area. Lincoln Center is an example of an area designated MUE-1, a high-density mixed-use employment zone. The Nimbus area is an example of an area designated MUE-2, requiring more moderate densities. In addition to the standards of this chapter,development within these zones is subject to the standards of Chapter 18.670,Washington Square Regional Center Plan District. H. MUC: mixed-use commercial zone. The MUC zone includes land around the Washington Square Mall and land immediately west of Highway 217. Primary uses allowed include office buildings, retail,and service uses.Also allowed are mixed-use developments and housing at densities of 50 units per acre. Larger buildings are encouraged in this area with parking under, behind, or to the sides of buildings. In addition to the standards of this chapter, development within this zone is subject to the standards of Chapter 18.670, Washington Square Regional Center Plan District. I. MUC-1: mixed-use commercial 1 zone. The MUC-1 zone,which is designed to apply to that portion of Bridgeport Village (formerly known as the Durham Quarry site) within the City of Tigard, is a mixed-use commercial zone bounded by 72°d Avenue, Findlay Street, and the Tigard, Tualatin and Durham city limits. This site is the subject of an intergovernmental agreement between the cities of Tigard and Tualatin. Pursuant to that agreement the City of Tualatin will furnish all planning, building, and associated development review and permit services for the property. This zone is intended to mirror the City of Tualatin's Mixed Use Commercial Overlay District in Tualatin Development Code, Chapter 57. It permits a wide range of uses including commercial lodging, general retail, offices, and housing. Additional uses, including but not limited to major event entertainment and motor vehicle retail fuel sales, are allowed conditionally. In addition to the standards of this chapter, development within this zone is subject to the standards of Chapter 18.620, Bridgeport Village Plan District. J. MUR-1 and MUR-2: mixed-use residential 1 and 2 zone. The MUR-1 and MUR-2 zones are designed to apply to predominantly residential areas where mixed-uses are allowed when compatible with the residential use. A high-density (MUR-1) and moderate-density (MUR-2) designation is available Commercial Zones 18.120-2 Code Update:11/18 within the MUR zone. In addition to the standards of this chapter,development within these zones are subject to the standards of Chapter 18.670, Washington Square Regional Center Plan District. K. TMU: triangle mixed-use zone. The TMU zone applies to most land within the Tigard Triangle, a regional Town Center bounded by Pacific Highway,Highway 217,and Interstate 5. The TMU zone is intended to be an active, urban, multimodal, and mixed-use district that accommodates a variety of housing options and uses, promotes pedestrian-oriented development, and limits new auto-oriented development. Development in this zone is subject to the uses, standards, and procedures in Chapter 18.660,Tigard Triangle Plan District. (Ord. 17-22 §2) 18.120.030 Land Use Standards A. General Provisions. A list of allowed,restricted,conditional,and prohibited uses in commercial zones is provided in Table 18.120.1. If a use category is not listed,see section 18.60.030. 1. Allowed(A). Uses that are allowed,subject to all of the applicable provisions of this title. 2. Restricted(R).Uses that are allowed provided they are in compliance with special requirements, exceptions,or restrictions. 3. Conditional(C). Uses that require the approval of the hearings officer using discretionary criteria. The approval process and criteria are provided in Chapter 18.740,Conditional Use. 4. Prohibited(P). Uses that are not allowed under any circumstance. Commercial Zones 18.120-3 Code Update:11/18 Table 18.120.1 Use Table C-N C-C MU-CBD MUE MUR Use Categories ]1] 11] C-G C-P 111 MUE ]1] MUC-1 MUC 1 and 2 I and 2 Residential Use Categories Group Living P R [2] R [2] P A A A A A A Household Living P R [2] R [2,3] P A A A A A A Civ icnstitutional lJse Categories r ,. Basic Utilities C C [4] C [4] C C C C C [4] C [4] C [4] Colleges P P P P A C C C C C _ Community Services P A P P A C P A C C Cultural Institutions A A A A A A A A A P Day Care A A A A A A A A A A/C [5] Emergency Services A A _ A A A A A A A P Medical Centers C P C C C C C C C C Postal Service A A A A A A A A A P Religious Institutions C C A A A A A A A C Schools P P P P A C C C C C _ Social/Fraternal Clubs/Lodges C C A A A A A A A C Transitional Housing P P C P CP CCCC ('ommerciajse egdri Adult Entertainment P P C P P P P C P P Animal-Related Commercial P P P P P A A P P P Bulk Sales P P A P R[6] A R[7] R[8] R[8] P Commercial Lodging P P A R[9] A A A A A N Custom Arts and Crafts P P P P R[101 P P P P P Eating and Drinking Establishments C A A R [11] A A A A A R[12,13] Indoor Entertainment A A A A A A A A A P Major Event Entertainment P P C P C P C C P P Motor Vehicle Sales/Rental P P A/C [14] P R[6] P P R[15] R[15] P Motor Vehicle Servicing/Repair P C [16] A/C [14] P C R[7] R[7] P P P Non-Accessory Parking C C A A A A A A A P Office A R[17] A A A A A A A R[12,13] Outdoor Entertainment P P A R[11] C P P C P P Outdoor Sales P P A P P P P P P P Commercial Zones 18.120-4 Code Update:11/18 Personal Services A A A _A A A R[7] A R[8] R[12,13] Repair-Oriented Retail A A A _A A A R[7] R[8] R[8] P Sales-Oriented Retail A R[18] A R[19] A/R[20] A _ R[7] A R[8] R[12,13] Self-Service Storage P P C P R[6] P P P P P Vehicle Fuel Sales C C C P R [6] P C C C P Industrial Use Catego General Industrial P P P P P P P P P P Heavy Industrial P P P P P P _ P P P P Industrial Services P P P P P P P P P P Light Industrial P P P P P R[21] P P R[21] P Railroad Yards P P P P P P P P P P Research and Development P P P P C R[15] R[15] P R[21] P Warehouse/Freight Movement P P P P P R[151 P _P R[15,21] P Waste-Related P P P P P P P P P P Wholesale and E ui ment Rental P P P P P P P P R Other Use Cates s' Agriculture/Horticulture P P P P P P' 15,21 P P P P P Cemeteries P P P P P P P P P P Detention Facilities P P C P C P _ P P P P Heliports P P C C P P P P P P Mining A A A A A A A A A A Transportation/Utility Corridors _ A A A A A A A A A A Wireless Communication Facilities A/R A/R A/R A/R A/R A/R A/R A/R A/R A/R [22] - A=Allowed R=Restricted C=Conditional Use P=Prohibited [1] All allowed,restricted,and conditional uses subject to special limitations. See 18.120.050. [2] Residential units allowed as a mixed-use development in conjunction with a commercial development,on or above the second floor of the structure. [3] A single detached house providing that it is located on the same site with an allowed or conditional use and is occupied exclusively by a caretaker or superintendent of the allowed or conditional use. [4] Except water,storm, sanitary sewers,and other underground infrastructure facilities,which are allowed. [5] In-home day care that meets all state requirements allowed; freestanding day care centers that meet all state requirements allowed conditionally. Commercial Zones 18.120-5 Code Update:11/18 [6] Prohibited,except that uses that were lawfully in existence (as allowed,conditional, or planned development) prior to the adoption of the MU-CBD zone are allowed. [7] Allowed provided the use is no larger than 60,000 square feet of gross floor area per building or business. [8] New retail and sales uses may not exceed 60,000 gross leasable area per building within the Washington Square Regional Center. [9] Eating and Drinking Establishments allowed with restriction in size in conjunction with and on the same lot as a Commercial Lodging use. [10] Custom Arts and Crafts uses may not exceed 500 square feet of production area. [11] As accessory to offices or other allowed uses, the total space devoted to a combination of Sale-Oriented Retail and Eating and Drinking Establishments may not exceed more than 20 percent of the entire square footage within the development complex. [12] This use is allowed only in mixed-use developments in the Washington Square Regional Center. Commercial uses must occupy no more than 50 percent of the total floor area within the mixed-use development and is allowed only when minimum residential densities are met. Properties that were zoned commercial prior to March 28, 2002 are exempt from this requirement.. The exempted properties are identified as assessor map number: 1S135AA-00400, 1S135AA-01400, 1S135AA-01900, 1S135AA-01901, 1S135DA-02000, 1S135AA-02500, 1S135AA-02600, 1S135AA-02700, 1 S 135DA-01900, and 1 S 1 DA-02000. These lots, or lots created from these lots, after the effective date of this ordinance, may be developed as a solely commercial use with a use allowed in the MUR-1 or MUR-2 zones. [13] The maximum building footprint size allowed for any building occupied entirely by a commercial use or uses is 7,500 square feet. An exception to the limit on the size of a building occupied by commercial uses is provided for properties zoned commercial prior to implementation of the Washington Square Regional Center Plan(3/28/2002). The exempted properties are identified as assessor map number: 1 S 135AA-00400, 1 S 135AA- 01400, 1 S 135AA-01 900, 1 S 135AA-01901, 1 S 135DA-02000, 1 S 135AA-02500, 1 S 135AA-02600, 1 S 135AA-02700, 1 S 135DA-01900, and l S 1 DA- 02000. On these lots, or lots created from these lots, after the effective date of this ordinance, a commercial development is not limited to a specific square footage, however, all other dimensional standards of the MUR-1 and MUR-2 zones apply that may limit the ultimate size of commercial development. [14] Cleaning, sales, and repair of motor vehicles and light equipment is allowed; sales and rental of heavy vehicles and farm equipment or storage of recreational vehicles and boats allowed conditionally. [15] Allowed as accessory to an allowed use as long as this use is contained within the same building as the allowed use, and does not exceed the floor area of the allowed use,or as otherwise allowed in the Mall Subdistrict,as provided in Subsection 18.670.020.C. [16] Limited to motor vehicle cleaning only. [17] When combined in single structure,each separate establishment may not exceed 5,000 gross square feet. [18] Limited to 10,000 gross square feet in size,except retail food and beverage outlets,which are limited to 40,000 gross square feet or less. [19] Must not exceed 10 percent of the total square footage within an office complex. Commercial Zones 18.120-6 Code Update:11/18 [20] New Sales-Oriented Retail uses must not exceed 60,000 square feet of gross leasable area per building in all subareas except the 99W/Hall Corridor subarea.(See Map 18.650.A) [21] All activities associated with this use,except employee and customer parking, must be contained within buildings. [22] See Chapter 18.450,Wireless Communication Facilities, for requirements. 18.120.040 Housing Types A. A housing type is not a use category. It describes a type of development that can contain a household living or group living use. B. A list of allowed, limited, and prohibited housing types in commercial zones is provided in Table 18.120.2. Zones that do not allow any residential uses or allow them only in a mixed-use development are not included in the table.Terms and abbreviations used are defined as follows: 1. Yes,allowed(Y).Housing types that are allowed. 2. Limited(L).Housing types that require a conditional use approval or are allowed subject to specific limitations. 3. No,prohibited(N).Housing types that are not allowed under any circumstance. C. Housing types that are allowed or allowed on a limited basis are subject to the standards and provisions of the applicable development standards chapter or applicable plan district chapter, if any. The applicable development standards chapter for each housing type is indicated in parentheses in the first column of Table 18.120.2. D. All allowed housing types may be built on site or brought to the site as a manufactured home. Tiny houses are prohibited in all zones. Table 18.120.2 Housing Types Housing Types C-G MU-CBD1:1111 MUC-1 MUE MUR 1 and 2 1 and 2 Detached Dwellin:s Accesso Dwelling Units 18.220 N N N Y Mg_L 1 UM. Cotta:e Clusters 18.240 N N N N N N Y Mobile Home Parks 18.260 N N Y M'L 3 [ _ Sin_le Detached Houses(18.290) L 4 N f' Y IB _Q t�_QU_ Attached Dwellin.s Commercial Zones 18.120-7 Code Update:11/18 Accessory Dwelling Units(18.220) N N N Y L[1] L[1] L[1] Apartments(18.230) L[6] Y Y Y Y Y Y Courtyard Units(18.250) N N N N N N Y Quads(18.270) N N N N N N Y Rowhouses(18.280) N Y L[5] Y L[3] L[3] Y Y=Yes,allowed L=Limited N=No,prohibited [1] Allowed only on the same lot as pre-existing single detached houses. [2] Prohibited, with the exception of mobile home parks that were lawfully in existence (as allowed, conditional, or planned development) prior to the adoption of the MU-CBD zone. [3] Only pre-existing development is allowed. Conversion of pre-existing housing units to other uses is subject to the requirements of Chapter 18.670, Washington Square Regional Center Plan District. [4] A single detached house is allowed provided that it is located on the same site with an allowed or conditional use and is occupied exclusively by a caretaker or superintendent of the allowed or conditional use. [5] Only pre-existing development is allowed.New construction of rowhouses and single detached houses is prohibited. [6] Apartments allowed as part of a planned development, subject to Chapter 18.770, Planned Developments,unless located within the Tigard Triangle Plan District,where they are allowed. (Ord. 17-22 §2) 18.120.050 Development Standards A. Development standards in commercial zones are provided in Table 18.120.3,except for standards in the MUC-1 zone,which are provided in Chapter 18.620,Bridgeport Village Plan District,standards in the MU-CBD zone,which are provided in Chapter 18.650,Tigard Downtown Plan District,and standards in the TMU zone,which are provided in Chapter 18.660,Tigard Triangle Plan District. B. Development standards in commercial zones for all housing types other than mixed-use development with a residential component are provided in the associated Residential Development Standards chapter for each housing type. Table 18.120.3 Development Standards Standard C-C [ll C-G 121 MUE MUC MUE-1 MUE-2 MUR-1 MUR-2 [31 [31 131 131 „, ;- 31 Minimum Lot Size 5.000 sq ft 5,000 sq ft None 6,000 sq ft None None None None None None Minimum Lot Width 50 II 50 ft 50 ft 50 ft 50 ft None None None None None Commercial Zones 18.120-8 Code Update:11/18 Minimum Setback -Front 20 ft 0 [4] Oft Oft Oft Oft[5] Oft[6] Oft[6] Oft[6] 10 ft[6] -Street side 20 ft None None None None 0 ft[5] 0 ft[6] 0 ft[6] 5 ft[6] 10 ft[6] -Side 0 0 0 0 0 0ft[7] 0ft[7] 0ft[7] 0ft[7] O ft[7] -Rear 0 0 0 0 0 Oft[7] Oft[7] Oft[7] 0 ft[7, 8] Oft[7, 8] -Side or rear yard abutting more 20 ft 20 ft 20 ft 20 ft 20 ft None None None None None restrictive=one _ Minimum Building None None None None None 2 stories 2 stories None 2 stories None Height Maximum Building 35 ft 35 ft 45 ft 45 ft 45 ft 200 ft 200 ft 60 ft 75 ft 45 ft Height Maximum Lot 85% 80% 85% 85% 85% 85% 85% 85% 80% 0 Coverage 80% Minimum Landscape 15% 20% 15% 15% 15% 15% 15% 15% 20% 20% Minimum FAR[9,10] None None None None None [11] 1.25 1.25 0.6 0.6 0.3 [1] See 18.120.060.A for additional development standards and design guidelines. [2] See 18.120.060.B for additional development standards and design guidelines. [3] See Chapter 18.670, Washington Square Regional Center Plan District for additional development standards and design guidelines. [4] A 20-foot front setback is required within 50 feet of a residential zone. [5] The maximum front and street side setback is 10 feet. [6] The maximum setback is 20 feet. [7] Side and rear setbacks are 20 feet where the property abuts a residential zone except the R-25 and R-40 zones. [8] The maximum setback is 10 feet. [9] Applies to all nonresidential building development and mixed-use development that includes a residential component. In mixed-use development, residential floor area is included in the calculations of floor area ratio(FAR)to determine conformance with minimum FAR. [10] For purposes of determining FAR,the net development area is used to establish the lot area,as provided in Section 18.40.020. [Il] See Subsection 18.120.050.0 for maximum FAR requirements. (Ord. 17-22 §2) Commercial Zones 18.120-9 Code Update:11/18 18.120.060 Special Limitations on Uses A. In the C-N zone. Special limitations in the C-N zone are as follows: 1. The use must be conducted wholly within an enclosed structure, except that accessory open-air sales, display, or storage is allowed for horticultural and food merchandise only and must constitute 5 percent or less of the floor area of the associated primary use; 2. The maximum floor area is 4,000 square feet; 3. Accessory open-air sales, display, or storage are allowed for horticultural and food merchandise only and are limited to a maximum area equal to 5 percent of the floor area of any individual establishment;and 4. Uses operating before 7 a.m. or after 10 p.m. are conditional uses, subject to the provisions of Chapter 18.740,Conditional Use. B. In the C-C zone. Special limitations in the C-C zone are as follows: 1. Such centers must be developed preferably as a single unit and occupy only one quadrant of the intersection at which it is located; 2. The use must be conducted wholly within an enclosed structure,except for outside play areas for children's day care facilities,and as allowed in Paragraphs 18.120.050.B.3 and 4; 3. No use shall have a gross floor area greater than 5,000 square feet except for the retail sales of food and beverages,when the maximum floor area shall not exceed 40,000 gross square feet, and all other sales-oriented retail,where the maximum floor area shall not exceed 10,000 gross square feet; 4. Accessory open-air sales,display or storage are allowed for horticultural and food merchandising uses only and are limited to constitute no more than 5 percent of the gross building floor area of any individual establishment; 5. Accessory open-air dining or drinking areas are allowed for approved eating and drinking establishments or retail food stores only. Outside dining areas are prohibited within 200 feet of any developed residential area. Public or private sidewalk areas around dining areas may not be reduced to less than 5 feet of clear walkway; and 6. Uses operating before 6 a.m. or after 11 p.m. and drive-through facilities are subject to Chapter 18.740, Conditional Use. C. In the MUE zone. Special limitations in the MUE zone are as follows: 1. The maximum floor area ratio(FAR)for all commercial and industrial use types and mixed-use developments must not exceed 0.40.Residential uses and Commercial Lodging are not subject to this requirement; 2. On lots greater than 3 acres,general retail sales uses are limited to 30,000 square feet of gross leasable area plus 1 additional square foot of gross leasable area of general retail sales use for Commercial Zones 18.120-10 Code Update:11/18 each additional 4 square feet of non-retail sales use. (Ord. 17-22 §2) D. In the MU-CBD zone. Drive-through facilities are allowed to continue if the property had one lawfully in existence prior to the adoption of the MU-CBD zone. Otherwise, drive-through facilities are prohibited. 18.120.070 Additional Development Standards and Design Guidelines A. C-C zone. 1. The following design guidelines are strongly encouraged for developments within the C-C zone. Conditions of approval of the development plan may include, but are not limited to, any of the site and building design guidelines deemed appropriate to be mandatory. a. Building design guidelines. i. The design of buildings within a community commercial development should incorporate elements such as special architectural details, distinctive color schemes, special art, and other features, which are sensitive to and enhance the surrounding area and serve to distinguish the complex from other retail complexes in the city; ii. All buildings within a multi-building complex should achieve a unity of design through the use of similar architectural elements, such as roof form, exterior building materials, colors,and window pattern; iii. Individual buildings should incorporate similar design elements,such as surface materials,color,roof treatment,windows,and doors,on all sides of the building to achieve a unity of design.The sides of a building that face toward a public street should include public entrances to the building and windows to provide visual access to the activity within the building. The sides of a building that face toward an adjoining property,but not toward a public street, should include elements such as windows,doors, color,texture,landscaping,or wall treatments to provide visual interest and prevent the development of a long continuous blank wall. b. General site design guidelines. Loading areas should not be located on the side of a building that faces toward a residential use.Loading areas, if located between the building and the street,should be oriented away from the street and should be screened to minimize views of the loading area from the street and sidewalk. 2. Design standards. The following mandatory design standards apply within the C-C zone: a. Internal walkways. i. Walkways, 8 feet minimum width,must be provided from the public sidewalk or right- of-way to all buildings.At a minimum,walkways must be located to connect focus points of pedestrian activity such as transit stops and street crossings to the major building entry points. ii. Walkways,5 feet minimum width,must be provided to connect with walkways or potential walkway locations on adjoining properties to create an integrated internal walkway system along the desired lines of pedestrian travel. The width of the walkway Commercial Zones 18.120-11 Code Update:11/18 should be commensurate with the anticipated level of pedestrian activity along the connecting walkway. (A)Walkways must be provided along the full length of the building on any side that provides building access to the public or where public parking is available,to provide safe and comfortable pedestrian access to the building. (B)On the sides of the building that provide public access into the building,the walkway should be wide enough to allow for sidewalk seating areas as well as pedestrian travel. Weather protection of the walkway should be provided at a minimum at the entrance area and,if appropriate,along the entire walkway. iii. Walkway surfaces for walkways crossing parking areas must be designed to be visually distinguishable from driving surfaces through the use of durable, low-maintenance surface materials such as pavers, bricks, or scored concrete to enhance pedestrian safety and comfort. b. Other site development standards. i. All lighting fixtures must incorporate cut-off shields to prevent the spillover of light to adjoining properties. ii. Mechanical equipment, if located on the building,must be located within the roof form of the building or enclosed within a screening structure,the design of which is consistent with the design of the building. iii. Mechanical equipment,not located on the building,must be screened from views from the public street, sidewalk, and properties outside the district with a durable, solid wall or fence,an evergreen hedge,or a combination of the above. iv. All refuse and recycling containers within the zone must be contained within structures enclosed on all four sides and that are at least as high as the tallest container within the structure. v. Bicycle racks must be provided on site.Facilities for a minimum of 10 bicycles must be provided for developments having 100 or fewer parking stalls,notwithstanding Section 18.310.050. For each 100 additional stalls, facilities for five additional bicycles must be provided.Bicycle parking areas shall not be located within parking aisles,landscape areas,or pedestrian ways. It is strongly encouraged that bicycle parking areas be covered. vi. The site development plan must incorporate a special feature at the corner of the site.A special corner feature can be a landscape feature,seasonal color planting area, sculpture, or water feature.The feature must provide a visual landmark and some amount of seating area. vii. Parking areas must be designed to minimize conflicts between pedestrian and vehicular movements. Parking area landscaping must be used to define and separate parking, access,and pedestrian areas within parking lots. viii. The landscape design for the site must include plantings that emphasize the major points of pedestrian and vehicular access to and within the site. Commercial Zones 18.120-12 Code Update: 11/18 ix. Site features such as fences, walls, refuse and recycling facility enclosures,and light fixtures must be designed to be consistent with the scale and architectural design of primary structures. Such site features must be designed and located to contribute to the pedestrian environment of the site development. x. In multiple building complexes,buildings must be located to facilitate safe and comfortable pedestrian movement between buildings. On sites that are adjacent to other properties within the community commercial district,building location must be chosen to facilitate pedestrian and vehicular connections to buildings on those adjacent properties. Consideration should be given to locating buildings closer to the public street with entrances to the buildings from the public sidewalk,with no intervening parking or driving area. Corner locations are particularly appropriate for this treatment. xi. Opportunities must be found for safe,convenient,and pleasant pedestrian connections to existing or proposed transit facilities. Where needed,shelters and layover areas for transit vehicles must be incorporated into the site development. c. Sign design standards.All signage must be an integral part of the architectural design. B. C-G zone(Tigard Triangle). See Map 18.660.A for the location of the C-G zone in the Tigard Triangle.All development in the C-G zone that is located in the Tigard Triangle is subject to the transportation facility standards in Chapter 18.660,the use and development standards in Tables 18.120.1 and 3 respectively,and all other applicable standards in this title.All nonresidential development in the C-G zone that is located in the Tigard Triangle is also subject to the following additional development standards. 1. Buildings must occupy a minimum of 50 percent of all street frontages along Highway 99W, Dartmouth Street,72nd Avenue,74th Avenue,and 68th Parkway.Buildings must be located at the corners of public street intersections where practicable. 2. The minimum building setback is 0 feet from a street property line. The maximum building setback is 10 feet from a street property line. 3. All street-facing facades within the required building setback(0 to 10 feet)must have windows for a minimum of 50 percent of the ground floor wall area. a. The ground floor wall area is measured from 3 feet above grade to 9 feet above grade the entire length of each street-facing facade. b. Glass within doors may count toward meeting the window standard. 4. All street-facing facades that extend more than 50 feet must provide at least one of the following features: a. A variation in building material; b. A building off-set of at least 1 foot; c. A wall area that is entirely separated from other wall areas by a projection,such as an arcade; or Commercial Zones 18.120-13 Code Update:11/18 d. Other design features that reflect the building's structural system. 5. All street-facing façades that extend more than 300 feet must provide a pedestrian entry into the building or between buildings. 6. All street-facing façades must have at least 1 building entry for each public street frontage. 7. All building entries must have weather protection for pedestrians,such as an awning,canopy,or arcade. 8. All roof-mounted equipment must be screened from view from adjacent public streets. Satellite dishes and other communication equipment must be set back or positioned on a roof so that exposure from adjacent public streets is minimized. Solar panels are exempt from this standard. 9. Landscaping,an arcade,or a hard-surfaced expansion of the public sidewalk must be provided in the area between all street-facing façades and the adjacent public street.Hard-surfaced areas must be constructed with scored concrete or modular paving materials. These areas may count toward meeting any required landscaping. 10. Vehicle parking areas must be located to the side or rear of a building.Vehicle parking areas located on the side of a building or adjacent to a public street must be screened from view with a landscaped area. a. The landscaped area must be constructed to the L-1 parking lot screen standard as provided in Section 18.320.070;and b. The minimum depth of the landscaped area is 8 feet or equal to the building setback, whichever is greater. C. MU-CBD zone(Tigard Downtown). See Chapter 18.650 for additional development standards and design guidelines. D. MUC,MUE-1,MUE-2,MUR-1 and MUR-2 zones(Washington Square Regional Center),See Chapter 18.670 for additional development standards and design guidelines. E. MUC-1 zone(Bridgeport Village). See Chapter 18.620 for additional development standards and design guidelines. Development in this zone is also subject to an intergovernmental agreement between the cities of Tigard and Tualatin.(Ord. 17-22 §2)■ Commercial Zones 18.120-14 Code Update: 11/18 Chapter 18.130 INDUSTRIAL ZONES Sections: 18.130.010 Purpose 18.130.020 List of Base Zones 18.130.030 Land Use Standards 18.130.040 Development Standards 18.130.050 Additional Development Standards 18.130.010 Purpose A. Purpose. One of the major purposes of the regulations governing development in industrial zones is to ensure that a full range of job opportunities are available throughout the city so that residents can work close to home if they choose. The location of land within each industrial zone will be carefully selected and design and development standards created to minimize the potential adverse impacts of industrial activity on established residential areas. B. Facilitate economic goals. Another purpose of these regulations is to ensure that there is a full range of economic activities and job opportunities within the city limits, in compliance with the economic goals of the City of Tigard Comprehensive Plan.(Ord. 17-22§2) 18.130.020 List of Base Zones A. 1-P: industrial park zone. The I-P zone provides appropriate locations for combining light manufacturing, office, and small-scale commercial uses, e.g., restaurants, personal services, or fitness centers, in a campus-like setting. Only those light industrial uses with no off-site impacts, e.g., noise, glare, odor, or vibration, are allowed in the I-P zone. In addition to mandatory site development review, design and development standards in the I-P zone have been adopted to ensure that developments will be well-integrated,attractively landscaped,and pedestrian-friendly. B. I-L: light industrial zone. The 1-L zone provides appropriate locations for general industrial uses including industrial service, manufacturing and production, research and development, warehousing and freight movement, and wholesale sales activities with few, if any,nuisance characteristics such as noise,glare,odor,or vibration. C. I-H: heavy industrial zone. The I-H zone provides appropriate locations for intensive industrial uses including industrial service, manufacturing and production, research and development, warehousing and freight movement, railroad yards, waste-related businesses, and wholesale sales activities. Activities in the I-H zone include those that involve the use of raw materials, require significant outdoor storage, or generate heavy truck or rail traffic. Because of these characteristics, I-H-zoned property has been carefully located to minimize impacts on established residential, commercial, and light industrial zones. (Ord. 17-22 §2) 18.130.030 Land Use Standards A. General Provisions. A list of allowed,restricted,conditional,and prohibited uses in industrial zones is provided in Table 18.120.1. If a use category is not listed,see section 18.60.030. 1. Allowed(A). Uses that are allowed, subject to all of the applicable provisions of this title. Industrial Zones 18.130-1 Code Update:11/18 2. Restricted (R). Uses that are allowed provided they are in compliance with special requirements, exceptions,or restrictions. 3. Conditional(C). Uses that require the approval of the hearings officer using discretionary criteria. The approval process and criteria are provided in Chapter 18.740,Conditional Use. 4. Prohibited(P). Uses that are not allowed under any circumstance. Table 18.130.1 Use Table ink Use Category I-P I-L 1-H Residential Use Categories Group Living N N 1 N Household Living[1] R R R Civic/Institutional Use Categori sx Basic Utilities C[2] C[2] A Colleges P P P Community Services [3] C C C Cultural Institutions P P P Day Care [4] R R R Emergency Services A A A Medical Centers P P P Postal Service A A A Religious Institutions P P P Schools P P P Social/Fraternal Clubs/Lodges P P P Temporary Shelter P P P Commercial Use Categories Adult Entertainment P P P Animal-Related Commercial A A A Bulk Sales R[5][6] P P Commercial Lodging A P P Custom Arts and Crafts P P P Eating and Drinking Establishments R[7] P P Indoor Entertainment P p P Major Event Entertainment P P P Motor Vehicle Sales/Rental R[5][8][9] A A Motor Vehicle Servicing/Repair C A A Non-Accessory Parking A A A Office A P P Outdoor Entertainment A P P Outdoor Sales P A A Personal Services R[7] P P Repair-Oriented Retail A P P Sales-Oriented Retail R[7] P P Self-Service Storage A A A Vehicle Fuel Sales A A/C [10] A ;'Industrial Use Categories General Industrial 1 P A 1 A Industrial Zones 18.130-2 Code Update:11/18 Heavy Industrial P P A Industrial Services R[5] A A Light Industrial A A A Railroad Yards P P A Research and Development A A A Warehouse/Freight Movement P A A Waste-Related P P A Wholesale and Equipment Rental R [5] A A Other Use Categories Agriculture/Horticulture [11] A A A Cemeteries P C P Detention Facilities C P C Heliports C C C Mining P P A Wireless Communication Facilities A/R[12] A A Transportation/Utility Corridors A A A A=A flowed R=Restricted C=Conditional Use P=Prohibited [1] A single detached house or mobile home allowed for caretaker or kennel owner or operator when located on the same lot as the allowed use and exclusively occupied by the caretaker or kennel owner or operator and family. [2] Except water, storm, sanitary sewers, and other underground infrastructure facilities, which are allowed. [3] Limited to outdoor recreation on (1) land classified as special flood hazard area, when the recreational use does not otherwise preclude future cut and fill as needed in order to develop adjoining industrially zoned upland; and(2) land located outside the special flood hazard area,when the recreational use is temporary and does not otherwise preclude allowed uses or conditional uses other than recreational uses within the base zone. [4] In-home Day Care that meets all state requirements allowed. Commercial Day Care uses are subject to the additional requirements of Subsection 18.130.050.C. [5] Allowed if all activities, except employee and customer parking, are wholly contained within a building. [6] These limited uses are only allowed in the I-P zone east of SW 72nd Avenue. These uses, separately or in combination, must not exceed 60,000 square feet of gross leasable area in a single building, or commercial retail uses with a total of more than 60,000 square feet of retail sales area on a single lot, or on contiguous lots,including those separated only by transportation right-of-way. [7] These limited uses, separately or in combination, may not exceed 20 percent of the entire square footage within a development complex. Retail uses may not exceed 60,000 square feet of gross leasable area per building or business. [8] These limited uses,separately or in combination,may not exceed 10,000 square feet per lot. [9] This use limited to boat sales or rental only. [10] Vehicle fuel sales allowed unless in combination with convenience sales, in which case it is allowed conditionally. [11] When an agricultural use is adjacent to a residential use, no poultry or livestock, other than normal household pets, may be housed or provided use of a fenced run within 100 feet of any nearby residence except a dwelling on the same lot. Industrial Zones 18.130-3 Code Update:11/18 [12] See Chapter 18.450, Wireless Communication Facilities, for definition of allowed and restricted facilities in the 1-P zone. (Ord. 17-22 §2) 18.130.040 Development Standards Development standards in industrial zones are provided in Table 18.130.2. 18.130.2 Development Standards I-P I-L 1-H Minimum Lot Size None None None Minimum Lot Width 50 ft 50 ft 50 ft Minimum Setbacks -Front 35 ft 30 ft 30 ft -Street side 20 ft 20 ft 20 ft -Side [1] Oft Oft Oft -Rear[1] Oft Oft Oft Maximum Height 45 ft 45 ft 45 ft Maximum Lot Coverage 75% [2] 85% 85% Minimum Landscape Requirement 25% [2] 15% 15% [1] No setback is required except that a 50 foot setback is required on side and rear property lines that abut a residential zone. [2] Maximum lot coverage may be increased to 80 percent and minimum landscape requirement may be reduced to 20 percent through the provisions of Section 18.130.050.B. (Ord. 17-22 §2) 18.130.050 Additional Development Standards A. Commercial lodging in the 1-P zone. The following development standards apply to commercial lodging located in the I-P zone: 1. Lot size must be a minimum of 2 acres and a maximum of 5 acres. 2. The site must have access to be approved by the city engineer to an arterial or collector street with capacity sufficient to ensure that adequate access to local businesses is maintained. 3. Uses that are allowed in the 1-P zone are allowed as accessory uses to a commercial lodging development, provided they comprise no more than 20 percent of total floor area of the development. B. Increase in lot coverage. As part of the site development review process, lot coverage may be increased from 75 percent to 80 percent, and the minimum landscaping requirement reduced from 25 percent to 20 percent,provided the following requirements are met: 1. Street trees, as required by Subsection I8.320.040.A must be a minimum caliper of 3 inches at installation; Industrial Zones 18.130-4 Code Update:11/18