Ordinance No. 19-10 CITY OF TIGARD, OREGON
TIGARD CITY COUNCIL
ORDINANCE NO. 19- /
AN ORDINANCE TO AMEND TIGARD MUNICIPAL CODE CHAP IER 3.24 TO EXEMPT
CERTAIN SYS IEM DEVELOPMENT CHARGES FOR ACCESSORY DWELLING UNITS/ css
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WHEREAS, in early 2015, Tigard City Council substantially amended Tigard Municipal Code Chapter 3.24
related to transportation and parks system development charges (SDCs) as well as adopted corresponding SDC
methodology reports;and
WHEREAS,in November 2018,Tigard City Council amended the Tigard Community Development Code to
lower barriers to construction of accessory dwelling units;and
WHEREAS,in June 2019,Tigard City Council adopted an Affordable Housing Plan that includes a strategy to
reduce or exempt Tigard SDCs for certain desired classes of housing;and
WHEREAS,the Council desires to encourage the construction of small accessory dwelling units as one part of
a strategy to provide housing choices for Tigard residents in accordance with the city's Comprehensive Plan;
and
WHEREAS, the adopted transportation and park SDC methodology reports state that the city "may exempt
specific classes of development from the requirement to pay SDCs"as a matter of policy;and
WHEREAS, staff from several departments with roles in the administration of the SDC program - including
Finance, Public Works, Community Development, and the City Attorney - have worked to propose an
exemption for certain classes of accessory dwelling unit development;and
WHEREAS, most developers of accessory dwelling units are homeowners who must privately finance their
construction through personal loans;and
WHEREAS, an exemption from Tigard SDCs removes a financial barrier to the development of accessory
dwelling units for these homeowners;and
WHEREAS, qualification for an exemption requires that the accessory dwelling unit be utilized for housing
rather than short-term rental;and
WHEREAS,the exemption is time-limited and allows the city to re-examine the policy afterthree ears.
NOW,THEREFORE,THE CITY OF TIGARD ORDAINS AS FOLLOWS:
SECTION 1: Chapter 3.24 of the Tigard Municipal Code is amended to read as shown on the attached
Exhibit A (additional language is underlined and deleted text is shown in strikcthrough).
SECTION 2: This ordinance shall be effective 30 days after its passage by the council, signature by the
mayor,and posting by the city recorder.
ORDINANCE No. 19- j U
Page 1
PASSED: By Zi 4/11,4 112-01,2-vote of all council members present after being read by number
and title only, this 41day of 9,e t1 ,2019.
N- aA,tf- A E�iCi
Carol A. Krager,City Recorcir
APPROVED: By Tigard City Council this day of a ,2019.
Jaso f . Snider,Mayor
Approved as to form:
'cl(W
City Attorney
.7.1 a I o g
Date
ORDINANCE No. 19-ID
Page 2
Exhibit A
TIGARD MUNICIPAL CODE
Chapter 3.24 SYSTEM DEVELOPMENT "Administrator" means the person, or
CHARGE PROGRAM persons, appointed by the city to manage and
implement the SDC program or portions thereof.
Sections:
"Applicant" means the person who applies
3.24.010 Purpose for a land use decision or building permit.
3.24.020 System Development Charge
3.24.030 Definitions "Building official" means the person, or
3.24.040 Charge Imposed designee, certified by the state and designated as
3.24.050 Methodology such to administer the state building codes for the
3.24.060 Project List city.
3.24.070 Expenditures
3.24.080 Payment "Building permit" means the permit issued
3.24.090 Installment Payments by a building official, as required by the State of
3.24.100 Exemptions Oregon Structural Specialty Code Section 105.1
3.24.110 Credits or the Oregon Residential Specialty Code Section
3.24.120 Notice 105.1. In addition, "building permit" means a
3.24.130 Accounting manufactured home installation permit issued by
3.24.140 Appeals the building official, relating to the placement of
3.24.150 Prohibited Connection manufactured homes in the city.
3.24.160 Penalty
3.24.170 Severability "Capital improvements" mean facilities, real
3.24.180 Exemption for Accessory property,or assets used for the following:
Dwelling Units
1. Water: supply, treatment, or
Excerpts distribution;
*** 2. Sanitary sewer: wastewater
collection,transmission,treatment,or disposal;
3.24.030 Definitions
3. Stormwater: water quality or
For purposes of this chapter, the following quantity management,drainage,or flood control;
definitions apply:
4. Parks: active or passive parks,open
"Accessory dwelling unit (ADU)" means a space,or recreational trails; or
second or third dwelling unit on the same lot as a
primary dwelling unit, either attached to or 5. Transportation.
detached from the primary unit, and with separate
facilities for sleeping, cooking, and sanitation in "City"means the City of Tigard, Oregon.
accordance with the building code adopted
pursuant to TMC 14.04. "Condition of development approval" means
any requirement imposed on an applicant by the
3-24-1 Code Update: 12/18
Exhibit A
TIGARD MUNICIPAL CODE
and to mitigate for system impacts attributable to "Short term rental" means rental of a
the development. residential dwelling unit,or anv portion thereof,to
overnight guests for fewer than 30 consecutive
"Regulated affordable housing" means days.
housing that is made affordable through public
subsidies or statutory regulations that restrict or "Single-family dwelling unit" means one
limit resident income levels or rents. To be detached residential dwelling unit, or one-half of a
considered regulated affordable housing, units duplex,or one row house.
must:
"Temporary water use" means a water
1. Have a local, state, or federal service connection to the city water system for
compliance agreement or contract; limited periods of time or duration that has
minimal, if any, permanent impact on system
2. Be affordable to households at or capacity, such as service to temporary buildings,
below 80% median family income as defined temporary irrigation systems, or special events.
annually by Housing and Urban Development (Ord. 18-25 §1;Ord. 18-06 §1)
(HUD) for the Portland-Vancouver Metropolitan
Statistical Area(MSA); and ***
3. Remain regulated affordable 3.24.100 Exemptions
housing units for a minimum of 20 years from the
date of occupancy. The following types of development are
exempt from payment of SDCs:
"Reimbursement fee" means the SDC for
costs associated with capital improvements A. Structures and uses existing on or before
already constructed, or under construction when the effective date of the resolution that sets the
the fee is established, for which the city amount of an SDC, except for connections to the
determines that capacity exists. city's water or sanitary sewer systems made after
such date.
"Residential dwelling unit" means a building
or a portion of a building consisting of one or B. Additions to single-family dwelling
more rooms that includes sleeping, cooking, and units that do not constitute the addition of a
plumbing facilities and are arranged and designed dwelling unit, as defined by the building code
as permanent living quarters for one family or adopted pursuant to TMC 14.04.
household.
C. Alterations, additions, replacements or
"Row house" means an attached single- changes in use that do not increase the
family residential dwelling unit on a single lot. development's use of a capital improvement.
"SDC Administrative Procedures Guide" D. Regulated affordable housing, from city
means the administrative rules adopted by the city transportation and park SDCs only.
for the implementation of this chapter.
3-24-3 Code Update: 12/18
Exhibit A
TIGARD MUNICIPAL CODE
E. Temporary water use, from city water
SDCs only. (Ord. 18-25 §2;Ord. 18-06 §1)
F. Accessory dwelling units of 1,000
square feet or less that comply with TMC
3.24.180, from city transportation and park SDCs
only.
3.24.180 Exemption for Accessory
Dwelling Units
A. An ADU receiving an exemption
pursuant to TMC 3.24.100.F may not be used as a
short-term rental for a period of 10 years
following approval of final inspection of the
building permit for the ADU. A restrictive
covenant must be recorded and submitted to the
city prior to building permit issuance.
B. TMC 3.24.100.F is repealed on July 31,
0,23-- : Restrictive covenants recorded prior to this
date will remain in full force and effect.
coy ei > as i
3-24-4 Code Update: 12/18
Exhibit A
TIGARD MUNICIPAL CODE
city or county as part of a land use decision or were owned and operated in common,the primary
building permit approval. use will be deemed to be the sole previous use of
the subject property for purposes of this chapter.
"County" means Washington County,
Oregon. "Project list" means the list adopted by the
city pursuant to Section 3.24.060.
"Credit" means the amount by which an
applicant may be able to reduce an SDC as "Proposed use" means the use proposed by
provided in this chapter. the applicant for the subject property. Where the
applicant proposes several different uses (mixed-
"Development" means a building or other use) then all of the specific use categories will be
land construction, including a physical change in considered for purposes of this chapter. Where the
the use of a structure or land, in a manner which proposed use is composed of a primary use with
increases the demand on or creates the need for one or more ancillary uses that support the
new or enlarged capital improvements. primary proposed use and are owned and operated
"Duplex" means two attached single-family in common, the primary use will be deemed to be
residential dwelling units on a single lot. the sole proposed use of the subject property for
purposes of this chapter.
"Improvement fee" means the SDC for costs
associated with capital improvements to be "Qualified public improvement" means any
constructed. capital improvement that increases the capacity of
the city's system and is:
"Multifamily housing" means three or more
attached residential dwelling units located on a 1. Required as a condition of
single lot. development approval;
"Over-capacity" means that portion of a 2. Identified as a need and included
capital improvement that is built larger or with on the project list;and
greater capacity than is necessary to serve the
development or to mitigate for system impacts 3. Not located on or contiguous to the
attributable to the development. subject property; or
"Previous use" means the most intensive use 4. Located contiguous to or in whole
conducted at the subject property within the past or in part on the subject property and, in the
18 months prior to the date of application for a opinion of the administrator, is required to be built
building permit, or land use decision if no larger or with greater capacity (over-capacity)
building permit is required. Where the subject than is necessary to serve the development of the
property was used simultaneously for several subject property or to mitigate for system impacts
different uses (mixed-use) then all of the specific attributable to the development of the subject
use categories will be considered for purposes of property. There is a rebuttable presumption that
this chapter. Where the previous use was improvements built to the city's minimum
composed of a primary use with one or more standards are required to serve the development
ancillary uses that supported the primary use and
3-24-2 Code Update: 12/18