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HomeMy WebLinkAboutTIG-2020-04-supp - Community Development Code SUPPLEMENT INSERTION GUIDE TIGARD MUNICIPAL CODE April 2020 (Covering Ordinances through 20-05) This supplement consists of reprinted pages replacing existing pages in the Tigard Municipal Code. Remove pages listed in the column headed"Remove Pages"and in their places insert the pages listed in the column headed"Insert Pages." This Guide for Insertion should be retained as a permanent record of pages supplemented and should be inserted in the front of the code. Remove Pages Insert Pages MUNICIPAL CODE 1-21-1-1-21-2 1-21-1-1-21-2 1-22-1-1-22-5 1-22-1-1-22-5 3-24-1-3-24-10 3-24-1-3-24-10 5-04-1-5-04-7 5-04-1-5-04-6 6-02-1-6-02-9 6-02-1-6-02-9 8-02-1-8-02-7 8-02-1-8-02-7 8-04-1-8-04-2 8-04-1-8-04-2 10-28-1-10-28-11 10-28-1-10-28-12 10-30-1-10-30-3 10-30-1-10-30-3 DEVELOPMENT CODE 18.10-1-18.10-5 18.10-1-18.10-5 18.30-1-18.30-24 18.30-1-18.30-23 18.40-1-18.40-13 18.40-1-18.40-13 18.60-1-18.60-19 18.60-1-18.60-19 18.110-1-18.110-4 18.110-1-18.110-4 18.120-1-18.120-8 18.120-1-18.120-8 18.130-1-18.130-4 18.130-1-18.130-4 18.140-1-18.140-6 18.140-1-18.140-6 18.210-1-18.210-2 18.210-1-18.210-2 18.220-1-18.220-2 18.220-1-18.220-2 18.230-1-18.230-9 18.230-1-18.230-9 18.240-1-18.240-5 18.240-1-18.240-6 18.250-1-18.250-7 18.250-1-18.250-7 18.260-1-18.260-3 18.260-1-18.260-3 18.270-1-18.270-5 18.270-1-18.270-5 18.280-1-18.280-7 18.280-1-18.280-7 [continued on next page] 18.290-1-18.290-4 18.290-1-18.290-4 18.320-1-18.320-7 18.320-1-18.320-7 18.330-1-18.330-3 18.330-1-18.330-3 18.350-1-18.350-5 18.350-1-18.350-5 18.410-1-18.410-11 18.410-1-18.410-11 18.435-1-18.435-24 18.435-1-18.435-24 18.440-1-18.440-5 18.440-1-18.440-5 18.510-1-18.510-20 18.510-1-18.510-20 18.520-1-18.520-4 18.520-1-18.520-4 18.620-1-18.620-6 18.620-1-18.620-6 18.630-1-18.630-10 18.630-1-18.630-10 18.640-1-18.640-27 18.640-1-18.640-27 18.650-1-18.650-21 18.650-1-18.650-21 18.660-1-18.660-31 18.660-1-18.660-31 18.670-1-18.670-9 18.670-1-18.670-9 18.710-1-18.710-17 18.710-1-18.710-17 18.715-1-18.715-2 18.715-1-18.715-2 18.720-1-18.720-2 18.720-1-18.720-2 18.730-1-18.730-2 18.730-1-18.730-2 18.740-1-18.740-3 18.740-1-18.740-3 18.760-1-18.760-5 18.760-1-18.760-5 18.770-1-18.770-6 18.770-1-18.770-6 18.790-1-18.790-2 18.790-1-18.790-2 18.810-1-18.810-3 18.810-1-18.810-3 18.820-1-18.820-3 18.820-1-18.820-3 18.830-1-18.830-7 18.830-1-18.830-7 18.910-1-18.910-24 18.910-1-18.910-24 18.920-1-18.920-5 18.920-1-18.920-5 TABLES --- 0-6 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. 18- 23 §2; 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:4/20 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 18.790, Text and Map 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. 18-23 §2; 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 unit 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. Determinations 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. 20-01 §1; Ord. 18- 23 §2; 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: Legal Framework 18.10-2 Code Update:4/20 Table 18.10.1 Base Zones Zone Name Zone Abbreviation Parks and Recreation PR Residential Zones 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-1 Mixed-Use Residential MUR-2 Trian le 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:4/20 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 18.790, Text and Map Amendments. (Ord. 18-23 §2; 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 u ter Historic Resource HR 18.750 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 Regulating Chapter Bridgeport Village 18.620 Durham Advanced Wastewater Treatment Facility 18.630 River Terrace 18.640 Tigard Downtown 18.650 Tigard Triangle 18.660 Washington Square Regional 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:4/20 Table 18.10.4 S 1 ecial Areas Special Areas Regulating Chapter 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, Significant Tree Groves. 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. 20-01 §1; Ord. 18-28 §1; Ord. 18-23 §2; Ord. 17-22 §2) ■ Legal Framework 18.10-5 Code Update:4/20 Chapter 18.30 DEFINITIONS Sections: 18.30.010 List of Terms 18.30.020 Definitions 18.30.010 List of Terms -A- Arcade Collocation-See Wireless A-Frame Sign-See Chapter Area-See Chapter 18.435, Signs Communication Facility- 18.435, Signs Attached-See Dwelling-Related Related Definitions Abandoned Sign-See Chapter Definitions Column 18.435, Signs Awning Common Wall Abut Awning Sign-See Chapter Complex Accept 18.435, Signs Conditional Use Access Corner Lot-See Lot-Related Accessible -B- Definitions Accessory Structure Balloon-See Chap- ter 18.435, Cornice Accessory Use Signs Council Accessory Dwelling Unit-See Banner-See Chapter 18.435, Critical Facility-See Flood- Dwelling-Related Definitions Signs Related Definitions Addition Base Flood-See Flood-Related Cottage Cluster-See Dwelling- Adult Bookstore-See Adult Definitions Related Definitions Entertainment-Related Basement Courtyard Units-See Dwelling- Definitions Bay Related Definitions Adult Entertainment-Related Belt Course Covered Soil Volume -See Tree- Definitions: Bench Sign-See Chapter Related Definitions • Adult Bookstore 18.435, Signs Cul-de-Sac • Adult Motion Picture Theater Berm Cultural Institution Auxiliary • Specified Anatomical Areas Bike Lane-See Transportation- Sign-See Chapter 18.435, • Specified Sexual Activities Related Definitions Signs Adult Motion Picture Theater- Bikeway-See Transportation- Cutout-See Chapter 18.435, See Adult Entertainment- Related Definitions Signs Related Definitions Billboard-See Chapter 18.435, Aisle Signs -D- Allowed Use Buildable Area Dedication Alley-See Transportation- Building Deed Related Definitions Building,Primary Demolish Alternative Access Building Height Density Amendment Building Permit Density Bonus Amenity Business Density Transfer Annexation Detached-See Dwelling-Related Antenna-See Wireless -C Definitions Communication Facility- Caliper-See Tree--Related Development Related Definitions Definitions Development Impact Area-See Apartments -See Dwelling- Certified Arborist-See Tree- Tree-Related Definitions Related Definitions Related Definitions Development Permit Approval Authority Change of Use Development Site Approved Plan City Definitions 18.30-1 Code Update:4/20 Diameter at Breast Height(DBH) FCC -See Wireless Hazard Tree Owner or -See Tree-Related Definitions Communication Facility- Responsible Party-See Tree- Directional Sign-See Chapter Related Definitions Related Definitions 18.435, Signs Fee in Lieu Heritage Tree-See Tree-Related Director Fence, Sight-Obscuring Definitions Display Surface-See Chapter Final Decision Home Occupation 18.435, Signs Findings Homeowners Association Drainage Way Flag Lot-See Lot-Related Household Dripline-See Tree-Related Definitions Definitions Flashing Sign-See Chapter I Drive-Through Service 18.435, Signs Immediate or Serious Danger- Driveway Flood-Related Definitions: See Chapter 18.435, Signs Dwelling Unit-See Dwelling- • Base Flood Impact Analysis Related Definitions • Critical Facility Impervious Surface Dwelling Unit-Related • Flood Improvement Definitions: • Floodway Industrial Park-See Chapter • Accessory Dwelling Unit • Floodway Fringe 18.435, Signs • Apartments • Special Flood Hazard Area Ingress • Attached Floodway-See Flood-Related Interior Lot-See Lot-Related • Cottage Cluster Definitions g Definitions • Courtyard Units Floodway Fringe-See Flood- • Detached Related Definitions -L- • Dwelling Floor Area Land Form Alteration Floor Area Ratio (FAR) Landscape Architect • Manufactured Home• Quad Flush Pitched Roof Sign-See Landscaping Chapter 18.435, Signs Lattice Tower-See Wireless • Rowhouse Communication Facility- • Single Detached House Freestanding Sign-See Chapter Related Definitions • TinyHouse 18.435, Signs Freeway Interchange-See Lawn Sign-See Chapter 18.435, Signs Chapter 18.435, Signs _E_ Legal Entity Easement Freeway-Oriented Sign-See Chapter 18.435, Signs Legislative Eaves Lighting Methods-See Chapter E ress Frontage g Electronic Information Sign-See Loading Area-See Loading Front Lot Line-See Lot-Related 18.435, Signs Chapter 18.435, Signs Definitions Sp ace Enlargement g _G Loading Space _ Entrance Lot-See Lot-Related Definitions Entryway Sign-See Chapter Garage Lot Area-See Lot-Related 18.435, Signs Garage Setback Glare Definitions Exception Lot Averaging-See Lot-Related Guyed Tower-See Wireless Communication Facility- Definitions -F" Lot Consolidation-See FAA-See Wireless Lot- Related Definitions Related Definitions Communication Faciliy-Related _g Lot Coverage-See Lot-Related Definitions — Definitions Face Hazard Tree-See Tree-Related Definitions Lot Depth-See Lot-Related Face of a Building-See Chapter Definitions 18.435, Signs Hazard Tree Abatement-See g Tree-Related Definitions Lot Line-See Lot-Related Family Day Care Definitions Definitions 18.30-2 Code Update:4/20 Lot Line Adjustment-See Lot- -N- Provider-See Wireless Related Definitions Noise Communication Facility- Lot of Record-See Lot-Related Nonconforming Circumstance Related Definitions Definitions Nonconforming Sign-See Public Infrastructure-See Lot-Related Definitions: Chapter 18.435, Signs Wireless Communication • Corner Lot Non-Structural Trim-See Facility-Related Definitions • Flag Lot Chapter 18.435, Signs Public Support Facilities • Front Lot Line Non-Tower-See Wireless • Interior Lot Communication Facility- Q • Lot Related Definitions Quad-See Dwelling-Related • Lot Area Nuisance Tree-See Tree-Related Definitions • Lot Averaging Definitions Quasi-Judicial • Lot Consolidation _O- -R- • Lot Coverage Occupancy Permit Reader-Board Sign-See Chapter • Lot Depth Off-Site Impact 18.435, Signs • Lot Line Off-Site Improvement Rear Lot Line-See Lot-Related • Lot Line Adjustment Open Grown Tree-See Tree- Definitions • Lot of Record Related Definitions Recreational Vehicles • Lot Width Open Soil Volume-See Tree- Remodel • Rear Lot Line Related Definitions Reserve Strip • Side Lot Line Outdoor Storage Residence • Tax Lot Owner Revolving Sign-See Rotating • Through Lot Sign • Tract -P— Right-of-Way-See • Unit of Land Painted Wall Decorations-See Transportation-Related • Zero Lot Line Chapter 18.435, Signs Definitions Lot Width-See Lot-Related Painted Wall Highlights-See Road-See Transportation- Definitions Chapter 18.435, Signs Related Definitions Painted Wall Sign-See Chapter Roof -M 18.435, Signs Roof Line-See Chapter 18.435, Maintenance -See Chapter Parapet Signs 18.435, Signs Park Roof Sign-See Chapter 18.435, Manufactured Home-See Parking Lot Tree-See Tree- Signs Dwelling-Related Definitions Related Definitions Rotating Sign-See Chapter Marijuana Parking Space 18.435, Signs Marijuana Facility Partition Rowhouse-See Dwelling- Marquee Party Related Definitions Median Tree-See Tree-Related Path-See Transportation- Definitions Related Definitions -S- Mitigation Perimeter Setback Mixed-Use Development Person Shopping Center-See Chapter Mobile Home Pilaster 18.435, Signs Mobile Home Park Planning Commission Shopping Plaza-See Chapter Monopole-See Wireless Plat 18.435, Signs Communication Facility- Premises-See Chapter 18.435, Side Lot Line-See Lot-Related Related Definitions Signs Definitions Moving Sign-See Rotating Sign Primary Use Sidewalk-See Transportation- Projecting Sign-See Chapter Related Definitions 18.435, Signs Sign-See Chapter 18.435, Signs Definitions 18.30-3 Code Update:4/20 Sign Projection-See Chapter Tower-See Wireless • Tree 18.435, Sign Communication Facility- • Tree Canopy Sign Structure -See Chapter Related Definitions • Tree Canopy Cover, 18.435, Signs Traffic Flow Plan Effective Significant Tree Grove-See Tract-See Lot-Related • Tree Care Industry Tree-Related Definitions Definitions Standards Single Detached House-See Trail-See Transportation- • Tree Removal Dwelling-Related Definitions Related Definitions • Tree Risk Assessor Site Transom • Understory Tree Slope Transportation-Related Tree Removal-See Tree-Related Small Cell-See Wireless Definitions: Definitions Communication Facility- • Alley Tree Risk Assessor-See Tree- Related Definitions • Bike Lane Related Definitions Special Flood Hazard Area-See • Bikeway Turret Flood-Related Definitions • Path Specified Anatomical Areas -See • Right-of-Way -U Adult Entertainment-Related • Road Understory Tree-See Tree- Definitions • Sidewalk Related Definitions Specified Sexual Activities-See • Street Use Adult Entertainment-Related • Trail Definitions Square Footage Tree-See Tree-Related -V Stand(of Trees) -See Tree- Definitions Visible Transmittance Related Definitions Tree Canopy-See Tree-Related Vision Clearance Area Stand Grown Tree-See Tree- Definitions Visual Obstruction Related Definitions Tree Canopy Cover,Effective- Story See Tree-Related Definitions -W- Street-See Transportation- Tree Care Industry Standards- Wall Sign-See Chapter 18.435, Related Definitions See Tree-Related Definitions Signs Street Tree-See Tree-Related Tree-Related Definitions: Wetlands Definitions • Caliper Window Structural Alteration-See • Certified Arborist Wireless Communication Facility -See Wireless Communication • Covered Soil Volume Chapter 18.435, Signs Facility-Related Definitions Structure • Development Impact Area • Diameter at Breast Height Wireless Communication SubdivisionFacility-Related Definitions: Substantial Improvement (DBH) • Antenna • Dripline • Collocation -T- • Hazard Tree Tax Lot-See Lot-Related • Hazard Tree Abatement • FAA Definitions • Hazard Tree Owner or • FCC Temporary Sign-See Chapter Responsible Party • Guyed tower 18.435, Signs • Heritage Tree • Lattice tower Monopole Temporary Use • Median Tree • Mono p Through Lot-See Lot-Related • Nuisance Tree • Non-tower Definitions • Open Grown Tree • Provider Tigard-Based Nonprofit • Public Infrastructure • Open Soil Volume Organization • Parking Lot Tree • Small Cell Tiny House-See Dwelling- • Tower • Significant Tree Grove Related Definitions • Stand(of Trees) • Wireless Communication • Stand Grown Tree Facility • Street Tree Definitions 18.30-4 Code Update:4/20 -Z- Zero Lot Line - See Lot-Related Definitions (Ord. 20-01 §1; Ord. 18-28 §1; Ord. 18-23 §2; Ord. 17-22 §2) 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 18.435, 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, post-pubertal human genitals, pubertal human genitals, pubic areas, post-pubertal human female breasts Definitions 18.30-5 Code Update:4/20 below a point immediately above the top of the areola, or the covered human male genitals in a discernibly turgid state. 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 that does not meet the definition of a story. 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 18.30-6 Code Update:4/20 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. 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. Definitions 18.30-7 Code Update:4/20 D. "D" definitions. 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 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 service" - A use 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 unit-related definitions: a. "Dwelling unit" - 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 may be attached or internal to the primary dwelling unit, or Definitions 18.30-8 Code Update:4/20 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 housing consisting of two dwelling units on a first story,attached at a common sidewall, and two dwelling units on a second story, attached to the first story dwelling units at their common floor and ceiling. j. "Rowhouse" - A type of attached housing that shares a common sidewall with one or more dwelling units,but excluding apai tuients, courtyard units, and quads. 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. 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. Definitions 18.30-9 Code Update:4/20 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. 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. 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. Definitions 18.30-10 Code Update:4/20 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, Al-30, AE, A99, AR, AR/A1-30, AR/AE, AR/AO, AR/AH, ARIA,VO,V1-30,VE, and V.Also referred to as the"100-year floodplain." 8. "Floor area" - The gross horizontal area, under a roof, of all floors of a building or structure. See Section 18.40.100. 9. "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. 10. "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. "Garage setback" - The horizontal distance from a property line or public access easement to the nearest portion of a garage door or carport entrance designed for vehicle access, whichever is shorter. For purposes of measurement, a carport entrance is the vertical plane between the ground and the outermost edge of the roof. 3. "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 18.30-11 Code Update:4/20 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 trees, plants, and lawn with or without other natural or artificial landscaping elements such as ponds, fountains, lighting, benches, bridges, rocks, paths, sculptures,trellises, or 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 25 feet or less 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,which Definitions 18.30-12 Code Update:4/20 connects the flag to the street and provides the only street frontage for the 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 a property owner may choose which property line to identify as the front lot line where both street property lines are 75 feet or more in length; or in the case of a through lot, the property line that abuts the street with the lowest classification. 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 technique that allows one or more lots in a subdivision to be undersized provided that the average lot size of all lots in the subdivision is not less than that required for the proposed housing types. 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"-For lots with straight front lot lines, lot width is the horizontal distance between the side lot lines as measured at the minimum front setback point along each side lot line. For lots with curved front lot lines, lot width is the horizontal distance between the side lot lines as measured at the minimum front setback point perpendicular from the midpoint of the front lot line. See Section 18.40.060 and Subsection 18.40.080.B. 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. Definitions 18.30-13 Code Update:4/20 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. 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. Definitions 18.30-14 Code Update:4/20 N. "N"definitions. 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. "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. 5. "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. 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. 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 Definitions 18.30-15 Code Update:4/20 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. 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 unit." 5. "Roof'-The exterior surface and its supporting structure on the top of a building or structure. Definitions 18.30-16 Code Update:4/20 S. "S"definitions. 1. "Setback" (front, rear, side, and street side) - The horizontal distance from a property line to the nearest vertical wall of a structure.Also see"garage setback." 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"—See Oregon Residential Specialty Code. 6. "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. 7. "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 common ownership. The term"subdivision"also applies to an area of land that has been subdivided. 8. "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. Definitions 18.30-17 Code Update:4/20 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. 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. 6. 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 Definitions 18.30-18 Code Update:4/20 inches in diameter(when measured six inches above ground), caliper is the average diameter at 12 inches above ground(See Figure 18.30.1). Figure 18.30.1 Caliper CAUPER Mantra nere 1a Peea over t carper 4— Under f Pipe 17 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 18.420, Landscaping and Screening 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 narrowest point beneath the split. If the tree has excessive swelling at 4.5 feet, the DBH is the average diameter of the narrowest 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. Definitions 18.30-19 Code Update:4/20 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 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 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 Definitions 18.30-20 Code Update:4/20 preserved as a street tree to meet the requirements for a city permit or project. Median trees are not considered street trees. 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 18.420, Landscaping and Screening 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. 7. "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 Definitions 18.30-21 Code Update:4/20 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. 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. "Non-tower" - Any existing structure such as a building, mechanical equipment, water tank, utility pole, or light pole, to which wireless communication equipment is attached, but which does not have the primary purpose of supporting such equipment. f. "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. Definitions 18.30-22 Code Update:4/20 g. "Public infrastructure" - structures in the public right-of-way that are in public ownership or are supportive of public or private utilities. h. "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: i. be mounted on structures 50 feet or less in height, including all antennas; ii. not include any antenna more than 3 cubic feet in volume; and iii. include no more than 28 cubic feet of accessory equipment, including pre-existing associated equipment. i. "Tower" - A new structure, tower, pole, or mast erected to support wireless communication antennas and connecting appurtenances. 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. j. "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. (Ord. 20-01 §1; Ord. 19-09 §1; Ord. 18-28 §1; Ord. 18-23 §2; Ord. 18- 21 §2; 17-22 §2) ■ Definitions 18.30-23 Code Update:4/20 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,Lot Frontage, and Segmented Lot Lines 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 18.40.140 Window Area 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, including: 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; and 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 Measurements 18.40-1 Code Update:4/20 2. Trails and paths, provided they are preserved in a public access easement. (Ord. 18-23 §2; Ord. 17-22 §2) 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 ' I 1 1 �I■■I' 1-4-0" j_[Jr= • STREET 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 I I I I I I � � 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:4/20 Figure 18.40.3 Measuring Vehicle Travel Areas 11 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 i Required Multi-story building setback Underground garage 0 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. 18-23 §2; Ord. 17-22 §2) Measurements 18.40-3 Code Update:4/20 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 adjacent 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 18.40.5 Building Height-Roof Types / 0 0 — 0. Pitched or hip roof Mansard roof Shed roof X aoo ooa Gambrel roof Flat roof Measurements 18.40-4 Code Update:4/20 Figure 18.40.6 Figure 18.40.7 Building Height-Base Point 1 Building Height-Base Point 2 of.„. J building 5 10 1�5" Lowest grade _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 Tr 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. 18-28 §1; Ord. 18-23 §2; Ord. 17- 22 §2) Measurements 18.40-5 Code Update:4/20 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 articulated facades, 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 .0( 40 All One facade of a building (Ord. 20-01 §1; Ord. 18-23 §2; Ord. 17-22 §2) 18.40.060 Lot Width,Lot Frontage, and Segmented Lot Lines A. Lot width is measured from the front lot line as shown in the figure below. Figure 18.40.10 Lot Width • I I I I I I I I Minimum front l` setback I point Minimum LU,1, Minimum front+`• 1 frontsetback . setback point point /STREET STREET Front lot line midpoint B. Lot frontage is measured along the front lot line as shown in the figure below. Measurements 18.40-6 Code Update:4/20 Figure 18.40.11 Lot Frontage • I I I I • FRONTAGE WIDTH I FRONTAGE WIDTH I • � '< STREET STREET I I I FRONTAGE WIDTH • - • STREET C. Segmented lot lines include one or more lateral changes in direction. A lateral change is measured by drawing a hypothetical straight line between opposing lot corners and measuring the horizontal distance between the hypothetical straight line and the furthest extent of the actual lot line perpendicular from the hypothetical straight line. Cumulative lateral changes are measured by repeating this process for each lateral change in direction and summing all the distances as shown in the figure below. In the case of flag lots,the pole portion of the lot is not included in the measurement of cumulative lateral changes; cumulative lateral changes are measured only between the opposing corners of the flag portion of the lot. Measurements 18.40-7 Code Update:4/20 Figure 18.40.12 Segmented Lot Lines ` \♦ Total lateral change in . . ♦ . \ A + B =Cumulative • I ` ♦� direction of lot line I I lateral change in � ♦• direction of lot line • Hypothetical I I • 11ItHypothetical I • ..Z \ straight line • �♦ straight line - 1 \ between I I between �� opposing lot X \� opposing lot • • • • 0 corners I �B :• ♦ corners • % `♦♦ • •‘)/"..11.11IM I I I"II IP STREET STREET (Ord. 19-09 §1; Ord. 18-28 §1; Ord. 18-23 §2; 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 18.40-8 Code Update:4/20 Figure 18.40.13 Setback Averaging The normally required setback ////,The existing setback The averaged setback —C- T p TET F1, T G TH 1 I I pi I I I I I I I w i I I i 'Vacant. • i wI I l I 11 J I l 1 Nl , -_ 4 i li--1--J y Li -_I STREET STREET STREET I 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. 18-23 §2; 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 < AREA NOT INCLUDED IN LOT AREA \LO\, \AR\E\\ \\ 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 18.40-9 Code Update:4/20 Figure 18.40.15 Lot Width and Depth for Flag Lots W J 0 a X 1 FLAG x -I -x 1 1 X 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. 18-23 §2; Ord. 17-22 §2) 18.40.090 Tree Diameter Tree diameter is measured in several ways: A. 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 eleireih B. 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 18.40-10 Code Update:4/20 Figure 18.40.17 Measuring Existing Trees with an Angle or on Slopes 41/2' . 4Y/' C. 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 Imo • 41/2' D. 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 MEW �I I 41//' , . E. 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. (Ord. 18-28 §1; Ord. 18-23 §2; Ord. 17-22 §2) Measurements 18.40-11 Code Update:4/20 18.40.100 Floor Area The total floor area of a building or structure is the sum of the floor area of all 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 1 Extent of exterior walls(included) Roof eaves(not included) ■ Porch area with no walls(not included) (Ord. 19-09 §1; Ord. 18-23 §2) 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 .4" ..*,,,,_ 011.1 100%lot coverage 50%lot coverage 25%lot coverage 1 story 2 stones 4 stones (Ord. 18-23 §2) 18.40.120 Detached Accessory Dwelling Units A. The square footage of a garage attached to a detached accessory dwelling unit is included in the square footage for the accessory dwelling unit, except that if an accessory dwelling unit is located above an existing 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. In this situation, 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. (Ord. 19-09 §1; Ord. 18-23 §2) Measurements 18.40-12 Code Update:4/20 18.40.130 Residential Density A. Calculating maximum number of residential units for apartment 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 area by the minimum number of square feet required for each lot or dwelling unit in the applicable base zone. B. Calculating minimum number of residential units for apartment 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, rowhouses, 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. 19-09 §1; Ord. 18-23 §2) 18.40.140 Window Area A. Window area is the aggregate area of the glass within each window, including any interior grids, mullions,or transoms. B. Required window area must be clear glass and not mirrored, frosted, or reflective, except where specifically stated otherwise. Clear glass within doors may count toward meeting a window area standard. (Ord. 18-28 §1) ■ Measurements 18.40-13 Code Update:4/20 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 Category 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 area 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:4/20 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 use category rather than the Wholesale and Equipment Rental use category. This is because the actual activity on the site matches the description of Sales-Oriented Retail use category. (Ord. 20-01 §1; Ord. 18-28 §1; Ord. 18-23 §2; 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:4/20 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. 18-23 §2; Ord. 10-15 §1) 18.60.040 Residential Use Category A. Characteristics: 1. Residential use is the residential occupancy of a dwelling unit by related or unrelated individuals. The maximum number of residents who may occupy any given dwelling unit is determined by the state building code. 2. Residential use also includes the occupancy of an institution or facility where the components of a dwelling unit are shared by residents. 3. Residential occupancy is arranged on a month-to-month basis, at a minimum, or for longer periods of time. 4. Residential use may include any combination of care,training, or treatment. B. Accessory uses: Accessory uses may include parking, recreational and social facilities, dining halls, and home occupations. C. Examples: Examples include household living, group living, foster homes, dormitories, fraternities and sororities, monasteries and convents, nursing and convalescent homes, memory care facilities, group homes for disabled individuals, residential treatment programs, assisted living facilities, and progressive or continuing care facilities. D. Exceptions: 1. Does not include uses meeting the definition of Temporary Shelter, Commercial Lodging, Detention Facility, or Medical Center. 2. Does not include dormitories, fraternities, or sororities where accessory to College uses. (Ord. 20- 01 §1; Ord. 18-28 §1; Ord. 18-23 §2; 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: Use Categories 18.60-3 Code Update:4/20 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/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. 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/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. Use Categories 18.60-4 Code Update:4/20 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. 1. 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. 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. Use Categories 18.60-5 Code Update:4/20 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. 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. Use Categories 18.60-6 Code Update:4/20 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. 4. Exceptions: a. Does not include for-profit lodging where tenancy may be arranged for periods less than one month,which is considered a hotel or motel use and is classified as Commercial Lodging. b. Does not include uses meeting the definition of Residential Use. c. Does not include residential uses meeting the definition of Detention Facilities. (Ord. 20-01 §1; Ord. 18-23 §2; Ord. 15-05 §2; Ord. 10-15 §1) 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. 1. 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. Use Categories 18.60-7 Code Update:4/20 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. 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 one 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 Residential Use or Temporary Shelter. Use Categories 18.60-8 Code Update:4/20 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. 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. Use Categories 18.60-9 Code Update:4/20 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. 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 Use Categories 18.60-10 Code Update:4/20 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. b. Contractors and others who perform services off-site are included in the Office use 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. Use Categories 18.60-11 Code Update:4/20 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 one 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. 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 two 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. Use Categories 18.60-12 Code Update:4/20 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. 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. 4. Exceptions: Does not include electric vehicle charging stations that are accessory to an allowed use in an off-street parking area. (Ord. 20-01 §1; Ord. 18-28 §1; Ord. 18-23 §2; Ord. 10-15 §1) Use Categories 18.60-13 Code Update:4/20 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 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 Use Categories 18.60-14 Code Update:4/20 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 use 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. 1. 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. Use Categories 18.60-15 Code Update:4/20 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: 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. Use Categories 18.60-16 Code Update:4/20 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. 18-28 §1; Ord. 18-23 §2; 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. Sales of products grown on site may be included. 2. Accessory uses: Accessory uses include dwelling units 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. 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 Residential Use or Medical Center. Use Categories 18.60-17 Code Update:4/20 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. 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. Use Categories 18.60-18 Code Update:4/20 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. 20-01 §1; Ord. 18-23 §2; Ord. 15-05 §2; Ord. 10-15 §1)■ Use Categories 18.60-19 Code Update:4/20 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 purpose of this chapter is 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—including, but not limited to, schools, churches, parks, recreation facilities, day care centers, and neighborhood commercial uses and services—at appropriate locations and scales; and D. Enhancing the livability of neighborhoods by encouraging diversity in housing stock and promoting opportunities for walkability. (Ord. 18-28 §1; Ord. 18-23 §2; Ord. 17-22 §2) 18.110.020 List of Base Zones The names and map symbols of the residential base zones are listed in Table 18.110.1. 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 Zones Medium-high-density High-density Zones Zones R-1 R-7 R-25 R-40 R-2 R-12 R-3.5 R-4.5 (Ord. 18-28 §1; Ord. 18-23 §2; Ord. 17-22 §2) 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:4/20 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 Category Residential Use A A IA IA IA IA IA IA Civic/Institutional Use Categories 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 ommercial 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 Industrial Services P P P P P P P P Residential Zones 18.110-2 Code Update:4/20 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 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] Above-ground public and private utility facilities proposed with development and underground public and private utility facilities are allowed. Standalone above-ground public and private utility facilities not proposed with development are allowed conditionally. [2] Family day care is allowed. Other day care uses are allowed conditionally. [3] School bus parking on public high school sites is allowed as an accessory use if located a minimum of 200 feet from the nearest property line of a residential use. [4] Allowed conditionally on public school sites. [5] Only park-and-ride and other transit-related facilities are allowed conditionally. [6] Limited to first story of apailtnent developments and maximum square footage of 10 percent of the building. Developments utilizing this provision are considered residential development, not mixed- use development, for the purposes of this title. [7] Where adjacent to a residential use,poultry or livestock must be housed a minimum of 100 feet from any dwelling unit, except a dwelling unit on the same lot. [8] See Chapter 18.450,Wireless Communication Facilities, for requirements. B. Development standards. The standards for residential development in residential zones are located in the applicable housing type chapter in 18.200 Residential Development Standards. The standards for nonresidential development in residential zones are located in Chapter 18.350, Residential Zone Development Standards, and the applicable plan district chapter, if any. (Ord. 20-01 §1; Ord. 19-09 §1; Ord. 18-28 §1; Ord. 18-23 §2; Ord. 17-22 §2) 18.110.040 Housing Types A. A housing type is not a use category. It describes a type of development that can contain a Residential Use. Residential Zones 18.110-3 Code Update:4/20 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: 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, 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 Housin. T 1 es Housing Types R-1 R-2 R-3.5 R-4.5 R-7 I R-12 R-25 I R-40 Detached Dwelling Units J Accessory Dwelling Units(18.220) Y Y Y Y Y Y N N Cottage Clusters(18.240) Y Y Y Y Y Y N N Mobile Home Parks(18.260) N N L[1] L[1] Y Y Y Y Single Detached Houses(18.290) Y Y Y Y Y Y N N Attached Dwelling Units j Accessory Dwelling Units(18.220) Y Y Y Y Y Y N N Apartments (18.230) N N N N N Y Y Y Courtyard Units (18.250) Y Y Y Y Y Y N N Quads(18.270) L[2] L[2] L[2] L[2] Y Y N N Rowhouses(18.280) N N N N L[3] 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. (Ord. 20-01 §1; Ord. 18-28 §1; Ord. 18-23 §2) 18.110.050 Densities The maximum and minimum density standards 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. (Ord. 18-28 §1; Ord. 18-23 §2; Ord. 17-22 §2) ■ Residential Zones 18.110-4 Code Update:4/20 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 Land Use Restrictions 18.120.050 Housing Types 18.120.010 Purpose The purpose of this chapter is to implement the goals and policies of the comprehensive plan related to land use planning and economic development by: A. Ensuring that a full range of goods and services are available throughout the city so that residents can fulfill all or most of their needs within easy driving distance and, ideally, within easy walking and biking distance of their homes; B. Ensuring that a full range of economic activities and job opportunities are available throughout the city; and C. Minimizing the potential adverse impacts of commercial uses on residential uses by carefully locating and selecting the types of uses allowed in each commercial zone. (Ord. 18-28 §1; Ord. 18-23 §2; 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 gas stations,medical centers,religious institutions,park-and-ride lots, and uses with drive-through services,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 gas stations, medical centers, religious institutions,park-and-ride lots, and uses with drive-through services, 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:4/20 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 District 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. 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 and 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. 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. 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 72nd 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 site. 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. 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 within the MUR zone. 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 Commercial Zones 18.120-2 Code Update:4/20 housing options and uses, promotes pedestrian-oriented development, and limits new auto-oriented development. (Ord. 18-28 §1; Ord. 18-23 §2; 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, except for uses in the TMU zone, which are provided in Chapter 18.660, Tigard Triangle Plan District. 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. 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O +' ... a) bb O Qy 0E •-, , cd 0 . cd ,CI d d d C , d Pd o q. 0 a) a) a) a) a) O a) E v, —0 a) ), 44 ^, a) O Z a) o f-, -, (Ts � ,-g ,-g 4 .s= y v _a) 0 N el ( DC .--, �,' 'C C '4 °O a) O av, d O d CA w H H H H O s., 0 O v) ° d O H O H e;- V1 cv o .-, cat cn sn 00 rn C 4'� �p l� a0 Q\ - - -� - -- -� -- - O V u u u u u u u 18.120.040 Land Use Restrictions The following restrictions apply to all uses in the C-N and C-C zones: A. Uses must be contained inside a structure except for the following accessory uses: 1. Parking and loading areas; 2. Day care outdoor play areas; 3. Dining or drinking areas where associated with an allowed Eating and Drinking Establishment or Sales-Oriented Retail use; or 4. Sale, display, or storage of horticultural and food merchandise where limited to a maximum area of 5 percent of the gross floor area of the primary use. B. Uses with drive-through services or operating before 6 a.m. or after 11 p.m. are allowed conditionally. C. Each use is allowed a maximum gross floor area of 5,000 square feet per building or tenant except for the following uses: 1. Sales-Oriented Retail uses primarily involved in the sale of food and beverages are allowed a maximum gross floor area of 40,000 square feet per building or tenant; and 2. All other Sales-Oriented Retail uses are allowed a maximum gross floor area of 10,000 square feet per building or tenant. (Ord. 18-28 §1) 18.120.050 Housing Types A. A housing type is not a use category. It describes a type of development that can contain a Residential Use. B. A list of allowed, limited, and prohibited housing types in commercial zones is provided in Table 18.120.2. Commercial 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. Commercial Zones 18.120-7 Code Update:4/20 Table 18.120.2 Commercial Zone Housing Types Housing Types C-G MU- MUE MUC-1 MUC 1 and 2 1 and 2 Detached Dwelling Units I j AL Accessory Dwelling Units N N N Y L[1] L[1] L[1] (18.220) Cottage Clusters(18.240) N N N N N N Y Mobile Home Parks(18.260) N L[2] N Y L[3] L[3] L[3] Single Detached Houses L[4] N L[5] Y L[3] L[3] L[3] (18.290) r. ttached Dwellin' Units Accessory Dwelling Units N N N Y L[1] L[1] L[1] (18.220) Apartments (18.230) N 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, See Footnotes N=No,Prohibited [1] Accessory dwelling units are only allowed on sites with pre-existing single detached houses. [2] Mobile home parks that were lawfully in existence prior to the adoption of the MU-CBD zone are allowed.All new mobile home parks are prohibited. [3] Mobile home parks, single detached houses, and rowhouses that were lawfully in existence prior to the adoption of the Washington Square Regional Center Plan District are allowed. Conversion of pre-existing mobile home parks, single detached houses, or rowhouses to other housing types or uses is subject to the requirements of Chapter 18.670, Washington Square Regional Center Plan District. [4] A single detached house is allowed where 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] Pre-existing single detached houses and rowhouses are allowed. All new single detached houses and rowhouses are prohibited. (Ord. 20-01 §1; Ord. 18-28 §1; Ord. 18-23 §2; Ord. 17-22 §2) ■ Commercial Zones 18.120-8 Code Update:12/18 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 Land Use Restrictions 18.130.010 Purpose The purpose of this chapter is to implement the goals and policies of the comprehensive plan related to land use planning and economic development by: A. Ensuring that a full range of economic activities and job opportunities are available throughout the city; and B. Minimizing the potential adverse impacts of industrial uses on nonindustrial uses by carefully locating and selecting the types of uses allowed in each industrial zone. (Ord. 18-28 §1; Ord. 18-23 §2; Ord. 17-22 §2) 18.130.020 List of Base Zones A. I-P: Industrial Park zone. The I-P zone provides appropriate locations for combining light manufacturing, office, and small-scale commercial uses, such as restaurants, personal services, and fitness centers, in a campus-like setting with no nuisance characteristics such as noise, glare, odor, or vibration. B. I-L: Light Industrial zone. The I-L zone provides appropriate locations for general industrial uses including, but not limited to: industrial services, 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. (Ord. 18-28 §1; Ord. 18-23 §2; 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 18.130.1. 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. Industrial Zones 18.130-1 Code Update:4/20 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 Uses. 4. Prohibited(P).Uses that are not allowed under any circumstance. B. Use restrictions. Day care and commercial lodging uses are subject to additional land use restrictions in Section 18.130.040. C. Development standards. The standards for nonresidential development in industrial zones are located in Chapter 18.330, Industrial Zone Development Standards, and the applicable plan district chapter, if any. Table 18.130.1 Industrial Zone Use Standards Use Categories I-P Residential Use Category Residential Use [1] R R R Civic/Institutional Use Categories 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 Tem.ora Shelter P P P ommercial Use Cate:ories a_ Adult Entertainment P P P Animal-Related Commercial A A A Bulk Sales R [5][6] P P Commercial Lodging R[7] P P Custom Arts and Crafts P P P Eating and Drinking Establishments R[8] P P Indoor Entertainment A P P Major Event Entertainment P P P Motor Vehicle Sales/Rental R [5][9][10] 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 [8] P P Repair-Oriented Retail A P P Sales-Oriented Retail R [8] P P Self-Service Storage A A A Vehicle Fuel Sales A A/C [11] A Industrial Zones 18.130-2 Code Update:4/20 Table 18.130.1 Industrial Zone Use Standards Use Categories I-P I-L Industrial Use Categories General Industrial P A A 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 [12] 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[13] A A Transportation/Utility Corridors A A A A=Allowed R=Restricted C=Conditional Use P=Prohibited [1] A single detached house is allowed where it is located on the same site as the allowed use and is occupied exclusively by the caretaker, or kennel owner or operator, and family. [2] Above-ground public and private utility facilities proposed with development and underground public and private utility facilities are allowed. Standalone above-ground public and private utility facilities not proposed with development are allowed conditionally. [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 to support industrial zone development outside the special flood hazard area; and (2) land located outside the special flood hazard area, when the recreational use is temporary and does not otherwise preclude allowed or conditional uses. [4] Family day care is allowed. Other day care uses are subject to additional land use restrictions in Subsection 18.130.040.A. [5] All use activities must be contained inside a structure except for employee and customer parking. [6] Bulk Sales are only allowed in the I-P zone east of SW 72nd Avenue. The maximum allowed gross floor area is 60,000 square feet per building. [7] See Subsection 18.130.040.B for additional land use restrictions. [8] The maximum allowed gross floor area of these uses, either separately or in combination, is 20 percent of the entire development complex. The maximum allowed gross floor area for retail uses is 60,000 square feet per building or tenant. [9] The maximum allowed gross floor area of these uses, either separately or in combination, is 10,000 square feet per lot. [10] Only boat sales or rental is allowed. Industrial Zones 18.130-3 Code Update:4/20 [11] Vehicle Fuel Sales allowed unless in combination with convenience sales, in which case it is allowed conditionally. [12] Where adjacent to a residential use,poultry or livestock must be housed a minimum of 100 feet from any dwelling unit, except a dwelling unit on the same lot. [13] See Chapter 18.450, Wireless Communication Facilities, for a description of allowed and restricted facilities in the I-P zone. (Ord. 20-01 §1; Ord. 18-28 §1; Ord. 18-23 §2; Ord. 17-22 §2) 18.130.040 Land Use Restrictions A. Day care uses. The following standards apply to all day care facilities in industrial zones, except family day care: 1. The applicant must prepare an environmental impact assessment that documents noise, visible emissions, vibration, odor, glare, and heat from uses within 0.25 miles. A plan and program for day care facilities to provide mitigation on-site for any of the above off-site impacts must be provided. Sound attenuation walls, screening,window covering, shades,and other such means are appropriate means of mitigation and may be attached as conditions of approval. 2. The State of Oregon Child Care Division Certification Section must be notified of the proposed site plans prior to submitting an application to ensure that the plans submitted generally address the permitting requirements. 3. Prior to occupancy of the proposed day care, evidence of certification through the State of Oregon Child Care Division must be provided to the city. B. Commercial lodging uses. The following standards apply to all commercial lodging uses in the I-P zone: 1. The site must be a minimum of 2 acres and a maximum of 5 acres. 2. The site must have access to an arterial or collector street approved by the City Engineer with sufficient capacity to maintain adequate access to local businesses. 3. Uses that are allowed in the I-P zone are allowed as accessory uses to a commercial lodging development, provided they comprise no more than 20 percent of total gross floor area of the development. (Ord. 18-28 §1) ■ Industrial Zones 18.130-4 Code Update:4/20 Chapter 18.140 PARKS AND RECREATION ZONE Sections: 18.140.010 Purpose 18.140.020 Applicability 18.140.030 Other Zoning Regulations 18.140.040 Land Use Standards 18.140.050 Development Standards 18.140.010 Purpose The purpose of this chapter is to preserve and enhance publicly-owned open space and natural and improved parkland within the city. This zone is intended to serve many functions including: A. Providing opportunities for both active and passive recreational facilities to meet neighborhood, community, and regional needs; B. Providing contrast to the built environment; C. Providing opportunities to strengthen community identity, improve public health, and foster interactions between citizens; D. Providing economic development by creating a desirable public image and robust quality of life; E. Recognizing that publicly-owned parks have a special relationship to the community and are an important resource; F. Providing flexibility in the use and development of recreational facilities as the city responds to changes in demographics,program needs,and external regulatory requirements; and G. Allowing for the efficient implementation of plans and improvements to parks, recreational facilities, and open areas with appropriate reviews where compatibility issues may arise. (Ord. 18-28 §1; Ord. 17-22 §2) 18.140.020 Applicability The Parks and Recreation (PR) zone is applicable to all city-owned lands intended as parks, open space, and recreational facilities and may be applied within all comprehensive plan designations. City-owned parks, open space, and recreational facilities located in a plan district may retain or receive other than a PR zone designation if it better furthers the goals of the plan district. In addition, other public agencies may request a PR zone designation for areas that meet the purpose of the zone. (Ord. 18-28 §1; Ord. 17- 22 §2) 18.140.030 Other Zoning Regulations Sites with overlay zones, plan districts, inventoried hazards, or sensitive lands are subject to additional regulations. Specific uses or developments may also be subject to regulations as provided elsewhere in this title. (Ord. 18-28 §1; Ord. 17-22 §2) Parks and Recreation Zone 18.140-1 Code Update:4/20 18.140.040 Land Use Standards A. General provisions. A list of allowed, restricted, conditional, and prohibited uses in the PR zone is provided in Table 18.140.1. 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. 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 Uses. 3. Prohibited(P).Uses that are not allowed under any circumstance. Table 18.140.1 Parks and Recreation Zone Use Standards Use Categories Use Type Residential Use Category Residential Use P Civic/Institutional Use Categories ME Basic Utilities C [1] Colleges P Community Service A/C [2] Cultural Institutions C Day Care P Emergency Services P Medical Centers P Postal Service P Religious Institutions P Schools C[3][4] Social/Fraternal Clubs/Lodges P Temporary Shelter P Commercial Use Categories Adult Entertainment P Animal-Related Commercial P Bulk Sales P Commercial Lodging P Custom Arts and Crafts P Eating and Drinking Establishments C[4] Indoor Entertainment P Major Event Entertainment C Motor Vehicle Sales/Rental P Motor Vehicle Servicing/Repair P Non-Accessory Parking P Office C[4] Outdoor Entertainment C Outdoor Sales C[4] Parks and Recreation Zone 18.140-2 Code Update:4/20 Table 18.140.1 Parks and Recreation Zone Use Standards • Categories Use Type Personal Services P Repair-Oriented Retail P Sales-Oriented Retail C[4] Self-Service Storage P Vehicle Fuel Sales P Industrial Use Categories General Industrial P Heavy Industrial P Industrial Services P Light Industrial P Railroad Yards P Research and Development P Warehouse/Freight Movement P Waste-Related P Wholesale and Equipment Rental P Other Use Categories IIIII= Agriculture/Horticulture A/C[2] Cemeteries P Detention Facilities P Heliports P Mining P Transportation/Utility Corridors C[5] Wireless Communication Facilities A/C [6] A=Allowed C=Conditional Use P=Prohibited [1] Above-ground public and private utility facilities proposed with development and underground public and private utility facilities are allowed. Standalone above-ground public and private utility facilities not proposed with development are allowed conditionally. [2] See Subsections 18.140.040.0 and D for use type determination. [3] Restricted to activities and facilities focused on environmental education. [4] Allowed only when accessory to a Community Service use. [5] Multi-use trails are allowed, all other uses are conditional. [6] See Chapter 18.450,Wireless Communication Facilities, for requirements. B. Allowed development. When associated with a Community Service use, the following types of development are allowed provided it complies with the development standards and other regulations of this title. Site development review is not required for the types of development listed below. All other applicable land use reviews apply. Parks and Recreation Zone 18.140-3 Code Update:4/20 1. Park furnishings such as play equipment, picnic tables, benches, bicycle racks, public art, trash receptacles, and other improvements of a similar nature. 2. Fences. 3. Off-street,multi-use trails. 4. Structures up to 600 square feet in size, and no more than 15 feet high. 5. Picnic areas designed to accommodate groups of less than 25. 6. Outdoor recreational fields, courts, arenas, and other structures when not illuminated and not designed or intended for organized sports and competitions. 7. Community gardens up to 5,000 square feet in size. 8. Routine maintenance or replacement of existing facilities. C. Development subject to conditional use review. The following types of development are allowed subject to conditional use permit approval, as provided in Chapter 18.740, Conditional Uses. 1. Pools and aquatic centers,both indoor and outdoor. 2. Community and senior centers providing a focus for recreational, social, education, and cultural activities. These may include gymnasiums, indoor tracks and fitness areas, meeting rooms, office and kitchen space, and other amenities designed for community use. 3. Picnic areas designed to accommodate groups of 25 or more. 4. Boat ramps. 5. Off-street parking areas. 6. Recreational fields, courts, arenas, and associated structures for organized sports and competitions. 7. Stages and amphitheaters. 8. Dog parks. 9. Community gardens in excess of 5,000 square feet. 10. Structures in excess of 600 square feet in size, or more than 15 feet high. 11. Outdoor amplified sound systems. 12. Illuminated athletic fields, courts, and other outdoor recreational facilities intended to be used after sunset. 13. Camping,unless associated with an approved temporary or seasonal event as provided in Chapter 18.440, Temporary Uses. Parks and Recreation Zone 18.140-4 Code Update:4/20 14. Golf courses, including club houses and driving ranges. 15. Development within a high voltage transmission line right-of-way. (Ord. 20-01 §1; Ord. 18-28 §1; Ord. 18-23 §2; Ord. 17-22 §2) 18.140.050 Development Standards Development within the PR zone must comply with the following development standards, except where the applicant has obtained an adjustment as provided in Chapter 18.715,Adjustments. A. Minimum lot size.None. B. Minimum lot width.None. C. Maximum structure height.None, except structures within 100 feet of a residential zone are subject to the maximum height limit for the abutting residential zone. D. Minimum structure setbacks. None, except where abutting a residential zone. In such cases structures must be set back a minimum distance of 1 foot for each foot of building height. E. Setbacks from future right-of-ways. For the purpose of measuring setbacks from rights-of-way, the setbacks are measured from the ultimate right-of-way as shown in the Transportation System Plan. F. Outdoor recreation facility setbacks. Non-illuminated playgrounds must be set back a minimum of 25 feet from abutting residentially-zoned properties. Illuminated playgrounds and other constructed recreational facilities such as swimming pools, skate parks,basketball courts, soccer fields, and group picnic areas must be set back 50 feet from abutting residentially-zoned properties. Where the outdoor facility abuts a school use, the setback is reduced to 0 feet. Outdoor recreation facilities not meeting minimum setbacks provided in this subsection may be considered through conditional use review as provided in Chapter 18.740,Conditional Uses. G. Projections not for human habitation. Projections such as chimneys, spires, domes, elevator shaft housings, towers excluding TV dish receivers, aerials, flag poles, and other similar objects not used for human occupancy,are not subject to the building height limitations of this title. H. Exceptions to minimum setbacks. The following may project into required setbacks: 1. Cornices, eaves, belt courses, sills, canopies, or similar architectural features may extend or project into a required setback not more than 3 feet provided the setback is not reduced to less than 3 feet. 2. Fireplace chimneys may project into a required front, side, or rear setback not more than 3 feet provided the setback is not reduced to less than 3 feet. 3. Unroofed porches, decks, or balconies 3 feet or less in height may project into a required rear or side setback provided the projection does not reduce the width of any setback to less than 3 feet. Unroofed porches may project a maximum of 3 feet into a required front setback. 4. Unroofed landings and stairs may project into required front or rear setbacks only. Parks and Recreation Zone 18.140-5 Code Update:4/20 I. Bathrooms and concessions. Bathrooms and concession stands must be set back a minimum distance of 50 feet from abutting residential zones. Where a bathroom or concession stand abuts a Schools use on a residentially-zoned property,the setback is reduced to 0 feet. J. Parking. Development must comply with Chapter 18.410, Off-Street Parking and Loading, with the following exceptions: 1. Minimum parking requirements only apply to conditional uses in this zone. 2. Dog parks must meet the following requirements: a. Dog parks or off-leash areas with a fenced area of 1 acre or more must provide a minimum of 5 off-street vehicle parking spaces, and a parking plan for anticipated peak use periods. b. Dog parks or off-leash areas with a fenced area of less than 1 acre must provide a minimum of 3 off-street vehicle parking spaces, and a parking plan for anticipated peak use periods. c. Dog parks or off-leash areas with a fenced area of less than 0.5 acres are exempt from minimum parking requirements. K. Signs. Signs in the PR zone must comply with the regulations applicable to nonresidential land uses in residential zones, as provided in Subsection 18.435.130.A. L. Lights and amplified sound systems. Lights and amplified sounds systems must comply with Title 6, Nuisance Violations. In addition, glare sources must be hooded, shielded, or otherwise located to avoid direct or reflected illumination in excess of 0.5 foot candles, as measured at the site boundary or at the furthest boundary of abutting industrially-zoned properties. (Ord. 18-28 §1; Ord. 18-23 §2; Ord. 17-22 §2) ■ Parks and Recreation Zone 18.140-6 Code Update:4/20 Chapter 18.210 RESIDENTIAL GENERAL PROVISIONS Sections: 18.210.010 Purpose 18.210.020 Fence and Wall Standards 18.210.030 Exceptions to Setback and Height Standards 18.210.010 Purpose The purpose of this chapter is to provide standards that are broadly applicable to all residential development in residential and commercial zones. (Ord. 18-28 §1; Ord. 18-23 §2) 18.210.020 Fence and Wall Standards Fences and walls may be located within required setbacks. Fences and walls located within required setbacks are subject to the standards in this section. Fences and walls located outside required setbacks are subject to the standards in the applicable housing type chapter in 18.200 Residential Development Standards. A. Fences and walls in a required front setback may be a maximum of 3 feet in height where abutting a local or neighborhood street and a maximum of 6 feet in height where abutting a collector or arterial street. B. Fences and walls in a required side, street side, or rear setback may be a maximum of 8 feet in height. Fences and walls 7 feet or more in height require a building permit. C. Fences and walls with barbed or razor wire are prohibited. D. Fences and walls must meet vision clearance area requirements in Chapter 18.930, Vision Clearance Areas. (Ord. 18-28 §1) 18.210.030 Exceptions to Setback and Height Standards A. Additional setbacks. Increased or different setbacks apply in the following situations: 1. Where the ultimate right-of-way width, as shown in the Transportation System Plan, is wider than the current right-of-way width, required setbacks are measured from the ultimate right-of-way width. 2. Where freestanding private communication and utility facilities that are accessory to a residential use and not subject to the provisions of Chapter 18.450, Wireless Communication Facilities, are proposed, such facilities must be set back from all property lines a distance equal to or greater than the height of the facility. Freestanding communication and utility facilities include, but are not limited to,wind turbines and communication towers, antennas, and receivers. B. Exceptions to minimum setbacks. Residential General Provisions 18.210-1 Code Update:4/20 1. Freestanding mechanical equipment, such as heating and cooling equipment, may be located within any required setback, except that equipment serving apartment developments is subject to the standards in Chapter 18.230,Apai intents. 2. Required setbacks for all buildings, except garages, may be reduced for the purpose of preserving healthy noninvasive trees. Required front setbacks may be reduced by a maximum of 25 percent, and other required setbacks may be reduced by a maximum of 20 percent. 3. Cornices, eaves, belt courses, sills, canopies, or similar architectural features may project a maximum of 3 feet into a required setback provided the projection does not reduce the width of any setback to less than 3 feet. 4. Fireplaces and chimneys may project a maximum of 3 feet into a required setback provided the projection does not reduce the width of any setback to less than 3 feet. 5. Unroofed porches, decks, or balconies 3 feet or less in height may project into a required rear or side setback provided the projection does not reduce the width of any setback to less than 3 feet. Unroofed porches may project a maximum of 3 feet into a required front setback. 6. Unroofed landings or stairs may project into a required front or rear setback. 7. Inground swimming pools may project into a required rear or side setback provided the projection does not reduce the width of any setback to less than 5 feet. 8. Bay windows and projections with floor area may project into a required interior side or street side setback by 1 foot provided the projections do not: a. Exceed 12 feet in length; b. Contain over 30 percent of the dwelling unit side elevation square footage; and c. Reduce the width of the interior side setback to less than 3 feet. 9. The front setback of the front facade of the primary structure may be reduced to the average of the respective setbacks on the abutting lots using the method in Section 18.40.070. Garage setbacks may not be reduced. C. Exception to maximum height. Building projections not designed for human occupancy are not subject to the building height limitations of this title. Building projections not designed for human occupancy include, but are not limited to, chimneys, spires, domes, elevator shaft housings, flag poles, and antennas and receivers not subject to the provisions of Chapter 18.450, Wireless Communication Facilities. (Ord. 20-01 §1; Ord. 18-28 §1; Ord. 18-23 §2) ■ Residential General Provisions 18.210-2 Code Update:4/20 Chapter 18.220 ACCESSORY DWELLING UNITS Sections: 18.220.010 Purpose 18.220.020 Applicability 18.220.030 Approval Process 18.220.040 Approval Criteria 18.220.050 Standards 18.220.010 Purpose The purpose of this chapter is to provide clear and objective standards for the establishment of accessory dwelling units on lots with single detached houses to achieve the following: A. Increase the number of affordable dwelling units; B. Accommodate incremental growth in neighborhoods while preserving residential quality of life; C. Provide for a variety of housing types that meet the needs of Tigard's diverse population at all stages of life; and D. Encourage housing that allows residents to remain in their communities and neighborhoods as their needs change. (Ord. 20-01 §1; Ord. 18-28 §1; Ord. 18-23 §2; Ord. 17-22 §2) 18.220.020 Applicability A. Applicability. The approval process and standards of this chapter apply to attached and detached accessory dwelling units and modifications to attached and detached accessory dwelling units wherever this housing type is allowed as provided in the use and housing type tables in Chapter 18.110,Residential Zones. B. Prohibitions. Accessory dwelling units are prohibited as an accessory housing type to apartment, cottage cluster,courtyard unit, quad, and rowhouse development. C. Conflicting Standards. The standards and requirements in this chapter govern in the event of a conflict. (Ord. 18-28 §1; Ord. 18-23 §2; Ord. 17-22 §2) 18.220.030 Approval Process Applications for accessory dwelling units are processed through a Type I procedure, as provided in Section 18.710.050. (Ord. 19-09 §1; Ord. 18-28 §1; Ord. 18-23 §2; Ord. 17-22 §2) 18.220.040 Approval Criteria The approval authority will approve or approve with conditions an accessory dwelling unit application when all of the standards in Section 18.220.050 are met. (Ord. 19-09 §1) Accessory Dwelling Units 18.220-1 Code Update:4/20 18.220.050 Standards A. Number of dwelling units. 1. A maximum of 2 accessory dwelling units are allowed per single detached house. 2. A maximum of 1 detached accessory dwelling unit is allowed per single detached house. A second accessory dwelling unit must be attached to the primary dwelling unit. B. Size. 1. The maximum size of a detached accessory dwelling unit is 800 square feet. 2. The square footage of each attached accessory dwelling unit may not exceed the square footage of the primary dwelling unit. C. Height. 1. The maximum height of a detached accessory dwelling unit is 25 feet. 2. A structure containing an attached accessory dwelling unit may not exceed the maximum height for a single detached house in the base zone. D. Setbacks. Accessory dwelling units must meet the setback standards for a single detached house in the base zone,with the exception that a detached accessory dwelling unit may be located within 5 feet of the rear property line if the accessory dwelling unit is 15 feet or less in height. E. Lot coverage. Accessory dwelling units must meet the lot coverage standards for a single detached house in the base zone. F. Entrances. Only one attached accessory dwelling unit may have an entrance on the facade facing the front property line. The entrance to a second attached accessory dwelling unit must be oriented to a side, street side, or rear lot line. G. Home occupations. Type II Home Occupations are prohibited on a lot with two accessory dwelling units. H. Accessory dwelling units in accessory structures. Accessory dwelling units may be added to existing accessory structures such as garages, subject to the maximum square footage and height restrictions for each, as measured using the method provided in Section 18.40.130. (Ord. 20-01 §1; Ord. 19-09 §1; Ord. 18-28 §1; Ord. 18-23 §2; Ord. 17-22 §2) ■ Accessory Dwelling Units 18.220-2 Code Update:4/20 Chapter 18.230 APARTMENTS Sections: 18.230.010 Purpose 18.230.020 Applicability 18.230.030 Application Type 18.230.040 Development Standards 18.230.050 Design Standards 18.230.060 Accessory Structures 18.230.010 Purpose Apartments are a type of attached housing within single-story or multi-story buildings. Apartment dwelling units may share common side walls, ceilings, or floors. The purpose of this chapter is to provide standards that promote quality development and enhance the livability, walkability, and safety of the community.Apartment development is intended to achieve the following: A. Increase the number of affordable dwelling units; B. Provide for a variety of housing types that meet the needs of Tigard's diverse population at all stages of life; C. Facilitate the efficient use of land through higher-density attached housing; and D. Support and complement transit services by providing ridership density and proximity. (Ord. 20-01 §1; Ord. 18-28 §1; Ord. 18-23 §2) 18.230.020 Applicability A. The standards of this chapter apply to apartment development in the R-12, R-25, R-40, MUC, MUE, MUE-1, MUE-2, MUR-1, and MUR-2 zones. Additional standards apply in the River Terrace Plan District as provided in Chapter 18.640, River Terrace Plan District. An applicant may elect to apply the approval process and standards of this chapter or of Chapter 18.280, Rowhouses, when proposing rowhouse development. B. The standards of this chapter also apply to nonconforming apartment development in the R-1 through R-7 zones. In lieu of specific base zone standards, apartment development in these zones is subject to the R-12 zone standards. C. Apartment development in the MUC-1 zone is subject to the standards of Chapter 18.620, Bridgeport Village Plan District. D. This chapter does not apply to apartment development in the MU-CBD and TMU zones. Apartment development in these zones is subject to the approval processes and standards of Chapter 18.650, Tigard Downtown Plan District, and Chapter 18.660, Tigard Triangle Plan District, respectively. (Ord. 20-01 §1; Ord. 19-09 §1; Ord. 18-28 §1; Ord. 18-23 §2) Apartments 18.230-1 Code Update:4/20 18.230.030 Application Type Apartment development requires a site development review application. (Ord. 19-09 §1; Ord. 18-28 §1) 18.230.040 Development Standards A. Base zone development standards are provided in Table 18.230.1. Table 18.230.1 Apartment Development Standards MUE-2 MUC Standard R-12 R-25 MUE R-40 and MUR-1 and MUR-2 MUE-1 3,050 1,480 1,480 Minimum Lot Size sq ft per sq ft per sq ft per 0 sq ft 0 sq ft 0 sq ft 0 sq ft unit unit unit Minimum Setbacks -Front 20ft 20ft 20ft 20ft loft Oft Oft -Street side 20 ft 20 ft 20 ft 20 ft 10 ft 5 ft 0 ft -Side loft loft loft loft Oor20ft 0or20ft 0or20ft [1] [1] [1] [2] [2] [2] -Rear 20ft 20ft 20ft 20ft 0or20ft 0or20ft 0or20ft [1] [1] [1] [2] [2] [2] Maximum Setbacks -Front None None None None 20 ft 20 ft 20 ft -Street side None None None None 20 ft 20 ft 20 ft Minimum Height 0 ft O ft 0 ft 0 ft O ft 2 stories 2 stories Maximum Height 35 ft 45 ft 45 ft 60 ft 60 ft 75 ft 200 ft Maximum Lot 80% 80% 80% 80% 80% 80% 85% Coverage Minimum Landscape 20% 20% 20% 20% 20% 20% 15% Area 80%of maximum 80%of 25 units 50 units 50 units Minimum Density density None max.density per acre per acre per acre Calculated using the 25 units 40 units 50 units Maximum Density method provided in None None 18.40.140 per acre per acre per acre [1] Where the site abuts an R-1 through R-12 zone, an additional 1 foot of setback is required for each foot of building height above the maximum building height of the abutting zone. [2] Minimum side and rear setbacks are 0 feet, except the minimum side and rear setbacks are 20 feet where the site abuts an R-1 through R-12 zone. B. Landscaping and screening. All required landscaping, including landscaping used to meet screening or tree canopy standards, is subject to the general provisions of Chapter 18.420, Landscaping and Screening. Apartments 18.230-2 Code Update:4/20 1. The minimum landscape area standard is provided in Table 18.230.1. Landscaping standards are provided in Section 18.420.040. Any landscape area that meets the L-2 standard and any required common open space area may count toward meeting the minimum landscape area standard. 2. Screening standards are provided in Section 18.420.050. Screening is required as follows: a. Service areas and wall- and roof-mounted utilities must be screened to the S-1 standard. Service areas and utilities are also subject to the standards in Subsection 18.230.040.G. b. Apartments that abut an R-1 through R-12 zone must be screened to the S-3 standard along all property lines, except street property lines. c. Surface vehicle parking areas, loading areas, and drive aisles within 20 feet of a street property line must be screened to the S-4 standard. Screening must be provided directly adjacent to the street property line, except where access is taken. 3. The minimum tree canopy standards for the site and any off-street vehicle parking areas are provided in Section 18.420.060. C. Common open space. 1. Common open space is required. The minimum total area of required common open space is 10 percent of the gross site area or 750 square feet, whichever is greater. More than one common open space area may be provided to meet this standard, but any area used to meet this standard must be a minimum of 20 feet in width and depth. 2. Apartment developments with less than 20 dwelling units must provide at least 2 different items from the list below within areas identified as common open space. Apartment developments with 20 or more dwelling units must provide at least 4 different items from the list below within areas identified as common open space. a. Playground equipment or play area for children, b. Sport court, c. Playing field, d. Lawn or garden, e. Covered seating, f. Swimming pool or water feature, g. Plaza or courtyard with permanent seating, h. Gazebo, i. Club house, j. Workout room, or Apartments 18.230-3 Code Update:4/20 k. Other similar item as determined by the director. 3. At least 50 percent of the dwelling units in a development must face outdoor common open space or a public street. This standard is met when the front door or a window from the kitchen, living room, or dining room of a dwelling unit faces the outdoor common open space or a public street. 4. Building facades, including accessory structure facades, that face outdoor common open space must meet the 15 percent window area requirement in Subsection 18.230.050.B or be screened to the S-4 standard as provided in Table 18.420.2. 5. Common open space may not be located in the front setback or include sensitive lands. D. Private open space. 1. Private open space is required for each dwelling unit. Each private open space must be a minimum of 48 square feet in area and a minimum of 5 feet in width and depth. 2. Private open space must be directly accessible from the interior of the dwelling unit that it serves. 3. Additional common open space above the required minimum may substitute for some or all of the required private open space at a 1:1 ratio. E. Pedestrian access. 1. Paths must provide pedestrian access from public sidewalks abutting the site to all required building entrances on the site. 2. Paths must provide pedestrian access between all common open space areas, vehicle and bicycle parking areas, building entrances, and service areas designed for use by residents. Paths within parking areas or along drive aisles are subject to additional standards in Subsection 18.410.040.B. 3. Paths must extend to the perimeter property line to provide pedestrian access to existing or planned pedestrian facilities on adjacent properties, such as trails or public access easements. 4. Paths must be constructed with a hard surface material and have a minimum unobstructed width of 5 feet. F. Vehicle and bicycle parking. 1. The applicable provisions and standards of Sections 18.410.010 through 18.410.060 apply to apartment developments. 2. The standards in Sections 18.410.070 through 18.410.090 do not apply to apai tiuent developments. 3. The minimum and maximum number of off-street vehicle and bicycle parking spaces are provided in Table 18.230.2. Any fractional space requirement is rounded up to the next whole number. Apartments 18.230-4 Code Update:4/20 Table 18.230.2 Off-Street Vehicle and Bicycle Parking Quantity Requirements Apartment Size Vehicle Minimum Vehicle Maximum Bicycle Minimum (Zones A and B) 500 sq ft or less 1 space per dwelling unit 1 bedroom 1 space per dwelling unit 1 space per 2 dwelling None units 2 bedroom 1.25 spaces per dwelling unit 3 bedroom 1.5 spaces per dwelling unit 4. Apartment developments with 10 or more required vehicle parking spaces must also provide additional vehicle parking for guests. The minimum amount of additional parking spaces is 15 percent of the minimum vehicle parking requirement as provided in Table 18.230.2. Guest vehicle parking must be clearly identified with pavement markings or signs. 5. Apartment developments with 20 or more dwelling units must also provide additional bicycle parking spaces for guests. The minimum amount of additional parking spaces is 15 percent of the minimum bicycle parking requirement as provided in Table 18.230.2. Guest bicycle parking must be located within 20 feet of the street property line and be visible to pedestrians from the public sidewalk in front of the site. Bicycle parking may be located in the public right-of-way with approval of the City Engineer. 6. Apartment developments with 20 or more dwelling units must provide all required non-guest bicycle parking spaces inside a structure or under a roof. Required bicycle parking is exempt from the location standard of Subsection 18.410.050.A but may not be located inside individual dwelling units. 7. Surface parking, detached garages, and attached or detached carports may not be located closer to a street property line than the building closest to that street property line. 8. Parking areas may not occupy more than 50 percent of the total length of each street frontage as measured 20 feet from the street property line. Drive aisles without adjacent parking spaces do not count as parking areas for the purposes of this standard. 9. Attached garages may be attached to any side of an apartment building. If attached to the street- facing facade, they may not be located closer to the street property line than the apartment building facade and the facade must include at least 1 entrance for each proposed garage that meets the standards of Subsection 18.230.050.A. Driveways associated with attached garages that take direct individual access from a public or private street must meet the rowhouse location and access standards in Paragraph 18.280.050.E.3 and Subparagraph 18.280.050.E.2.a. G. Utilities and service areas. 1. Private utility facilities, such as transformers or control valves, that serve a single development must be located below ground unless the functional properties of the facility require above- ground placement. If located above ground, all facilities 1 cubic foot or greater in volume, or with any one dimension greater than 2 feet,must meet the following standards where not wall- or roof- mounted or located inside a building: Apartments 18.230-5 Code Update:4/20 a. The facility may not be located within 20 feet of any street property line; and b. The facility must be dark in color and painted or wrapped with a non-reflective material. 2. Service areas, such as waste and recycling containers, outdoor storage, and mechanical equipment, may not be located within 20 feet of any street property line, except where located inside a building. H. Lighting. 1. Minimum illumination levels are measured horizontally at ground level. a. The minimum average illumination is 1.5 footcandles for paths, except those within parking areas, which are subject to the lighting standards in Subsection 18.410.040.I. All points of measurement must be a minimum of 0.5 footcandles. b. The minimum average illumination is 3.5 footcandles for required building entrances and 2.0 footcandles for any non-required building entrances. All points of measurement must be a minimum of 1.0 footcandle. 2. Maximum illumination levels are measured vertically at the property line or sensitive lands boundary line. The maximum illumination is 0.5 footcandles at side and rear property lines, except that the maximum illumination may be increased to 1.0 footcandle where the development abuts a commercial or industrial zone. The maximum illumination is 0 footcandles at any sensitive lands boundary line. 3. Lighting must be shielded, with a cutoff angle of 90 degrees or greater to ensure that it does not shine upwards. Lighting sources, such as lamps and bulbs, may not be directly visible from adjacent properties or sensitive lands. I. Apartments are subject to all other applicable requirements of this title including but not limited to standards related to streets, utilities, sensitive lands, and signs. (Ord. 20-01 §1; Ord. 19-09 §1; Ord. 18-28 §1; Ord. 18-23 §2) 18.230.050 Design Standards A. Entrances. 1. For dwelling units with internal building access, a minimum of 1 entrance per building must be visible and accessible from a public or private street or outdoor common open space. Additional entrances may face drive aisles,parking areas,or service areas. 2. For dwelling units without internal building access, a minimum of 1 entrance per dwelling unit must be visible and accessible from a public or private street, outdoor common open space, or drive aisle that has a curb and path adjacent to the dwelling unit. 3. A required building entrance must be at an angle that is no more than 45 degrees from the street, common open space, or drive aisle that it faces. A required building entrance to an individual dwelling unit may exceed this standard where it opens onto a porch or stoop provided the angle is no more than 90 degrees from the street, common open space, or drive aisle that it faces. Apartments 18.230-6 Code Update:4/20 4. A required building entrance must be covered, recessed, or treated with a permanent architectural feature that provides weather protection for pedestrians. The required weather protection must be at least as wide as the entrance, a maximum of 6 feet above the top of the entrance, and a minimum of 3 feet in depth. The required weather protection may project into the minimum front setback. B. Windows. 1. All building facades that face a public or private street must include a minimum of 15 percent window area. 2. The minimum window area standard does not apply to stories with sloped roofs or dormers. C. Facade design. 1. All building facades that face a public or private street or outdoor common open space must include at least 2 different architectural features from the list provided below. An additional 2 different architectural features per facade are required on all buildings with 20 or more dwelling units. This standard may be met by including different architectural features on different facades of the same building. Buildings that do not include dwelling units are exempt from providing architectural features on facades that face common open areas, but must provide at least 2 different architectural features on all street-facing facades. a. Facade articulation. A wall projection or recession that is a minimum of 6 feet in width and 2 feet in depth for a minimum of half the height of the facade and with a maximum distance of 40 feet between projections or recessions. b. Roof eave or projecting cornice. i. An eave that projects a minimum of 12 inches from the building facade; or ii. A cornice that projects a minimum of 6 inches from the building facade and is a minimum of 12 inches in height. c. Roof offsets or dormers. i. A roof offset that is a minimum of 2 feet from the top surface of one roof to the top surface of another roof as measured horizontally or vertically with a maximum distance of 40 feet between offsets. See Figure 18.230.1; or ii. One dormer for each top-story dwelling unit that is a minimum of 4 feet in width and integrated into the roof form. Apartments 18.230-7 Code Update:4/20 Figure 18.230.1 Roof Offset /' A 2' min.roof offset / VC d. Accent siding. A minimum of 2 different siding materials are used, and one siding material covers a minimum of 40 percent of the building facade. e. Distinct base and top. The first story is visually distinguished from the upper stories by including a belt course and at least one of the following: i. a change in surface or siding pattern; ii. a change in surface or siding material; or iii. a change in the size or orientation of windows. f. Window area. A minimum of 50 percent window area is included. g. Window shadowing. All windows include at least one of the following: i. Window trim that is a minimum of 2.5 inches in width and 0.625 inches in depth; or ii. Windows that are recessed a minimum of 3 inches from the building facade. h. Balconies. Balconies are included on all upper stories that meet the dimensional requirement for private open space provided in Subsection 18.230.040.D. i. Covered porches or recessed entrances. All first-story dwelling units with individual entrances include at least one of the following: i. A covered porch that is a minimum of 5 feet in width and depth; or ii. An entrance area that is a minimum of 5 feet in width and recessed a minimum of 2 feet from the building facade. Apartments 18.230-8 Code Update:4/20 j. Enhanced entrances or awnings. A building that provides internal access to dwelling units includes at least one of the following: i. A building entrance area that is a minimum of 8 feet in width and is either: (A)recessed a minimum of 5 feet from the building facade, or (B) covered with a permanent architectural feature that provides weather protection. The architectural feature must be at least as wide as the entry, a maximum of 6 feet above the top of the entry, and a minimum of 5 feet in depth. The architectural feature may project into the minimum front setback; or ii. A permanent architectural feature above all first-story windows, such as an awning or series of awnings, that are at least as wide as each window, a maximum of 6 feet above the top of each window, and a minimum of 3 feet in depth. The architectural feature may project into the minimum front setback. 2. The following building materials are prohibited on all building facades, including accessory structure facades, that face a public or private street or outdoor common open space. They may not be used collectively on more than 35 percent of any other building facade. a. Vinyl PVC siding, b. T-111 plywood, c. Exterior insulation finishing(EIFS), d. Corrugated metal, e. Plain concrete or concrete block, f. Spandrel glass,or g. Sheet pressboard. (Ord. 20-01 §1; Ord. 19-09 §1; Ord. 18-28 §1; Ord. 18-23 §2) 18.230.060 Accessory Structures Accessory structures are allowed subject to the following standards: A. Accessory structures are prohibited in the required front or street side setback; B. Accessory structures may be located in the required side or rear setback provided they are a minimum of 5 feet from the side and rear property lines and a maximum of 15 feet in height; and C. All accessory structures, including structures required to screen utilities and service areas, and all site improvements, such as fences, walls, signs, and light fixtures, must use materials, colors, and architectural design features that are similar in scale and appearance to those on primary buildings. Chain link fencing and unfinished concrete blocks are prohibited. (Ord. 18-28 §1; Ord. 18-23 §2) ■ Apartments 18.230-9 Code Update:4/20 Chapter 18.240 COTTAGE CLUSTERS Sections: 18.240.010 Purpose 18.240.020 Applicability 18.240.030 Application Type 18.240.040 General Provisions 18.240.050 Development Standards 18.240.060 Design Standards 18.240.070 Accessory Structures 18.240.010 Purpose Cottage clusters are groups of four to twelve detached dwelling units that are of smaller size than the typical single detached house. The purpose of this chapter is to provide standards that promote quality development and enhance the livability, walkability, and safety of the community. Cottage cluster development is intended to achieve the following: A. Increase the number of affordable dwelling units; B. Accommodate incremental growth in neighborhoods while preserving residential quality of life; C. Provide for a variety of housing types that meet the needs of Tigard's diverse population at all stages of life; D. Encourage housing that allows residents to remain in their communities and neighborhoods as their needs change; and E. Facilitate more efficient use of land through smaller dwelling units. (Ord. 20-01 §1; Ord. 18-28 §1; Ord. 18-23 §2) 18.240.020 Applicability The standards of this chapter apply to cottage cluster development wherever this housing type is allowed as provided in the use and housing type tables in Chapter 18.110, Residential Zones and Chapter 18.120, Commercial Zones. Additional standards apply in the River Terrace Plan District, as provided in Chapter 18.640,River Terrace Plan District. (Ord. 19-09 §1; Ord. 18-23 §2) 18.240.030 Application Type Cottage cluster development requires a site development review application. (Ord. 19-09 §1; Ord. 18-28 §1; Ord. 18-23 §2) 18.240.040 General Provisions All lots approved for cottage cluster development through the provisions of this chapter will be conditioned to record a deed restriction prohibiting any type of development other than cottage cluster development on the lot. This deed restriction cannot be removed except through a land division or lot line adjustment process that brings the lot into conformance with the standards for development of other Cottage Clusters 18.240-1 Code Update:4/20 housing types. A cottage cluster deed restriction imposed as a condition of a previous or concurrent land division or lot line adjustment process meets this standard. (Ord. 18-28 §1; Ord. 18-23 §2) 18.240.050 Development Standards A. Density. The required density of a cottage cluster development is determined according to the following: 1. A cottage cluster development must contain a minimum of 4 dwelling units and a maximum of 12 dwelling units; and 2. One dwelling unit is required for every 2,500 square feet of lot area. Any designated sensitive lands on the lot are included in the lot area. Any required dedications for public improvements are not included in the lot area. B. Minimum lot width. The minimum lot width is 75 feet. C. Setbacks. Setbacks apply only to the perimeter of the cottage cluster development. 1. The minimum setback of cottages from street property lines is 10 feet. 2. The minimum setback of cottages from all other perimeter property lines is 5 feet. D. Common courtyard. A common courtyard must be provided. The common courtyard must be sized and located to contain a rectangle that meets the following: 1. The minimum size of the rectangle is 15 percent of the lot area; 2. The rectangle must abut a minimum of 15 percent of a street property line; 3. The rectangle area may not abut more than 40 percent of a street property line; and 4. Dwelling units and parking and maneuvering areas are prohibited within the rectangle. Cottage Clusters 18.240-2 Code Update:4/20 Figure 18.240.1 Common Courtyard Minimum Size and Location • Street property line ■ Cottages ElMinimum courtyard rectangle Common courtyard E. Location of dwelling units. 1. The dwelling units must be arranged around the required common courtyard. 2. A minimum of two dwelling units in each development must be within 20 feet of a street property line. F. Configuration of dwelling units. All dwelling units must be detached,with a minimum separation of 3 feet. G. Parking. The provisions and standards of Sections 18.410.030 and 18.410.040 apply, except for Subsection 18.410.040.E. The following additional standards also apply: 1. Number of spaces. a. A minimum of 1 off-street parking space must be provided for each dwelling unit. If the lot is within 2,500 feet of a right-of-way that includes transit service, this parking minimum is reduced by half. Fractional space requirements must be counted as a whole space. b. An on-street parking credit may be granted for some or all the required off-street parking as provided in Section 18.410.090. c. A maximum of 1.2 off-street parking spaces are allowed for each dwelling unit. 2. Grouping. Off-street parking may be grouped.No grouping may exceed four spaces. Cottage Clusters 18.240-3 Code Update:4/20 3. Location. a. Off-street parking must be located a minimum of 20 feet from any street property line, except alley property lines,where parking may be provided within 5 feet of the property line. b. Off-street parking may not be located within 10 feet of any other property line. c. All parking areas, including garages, must be separated by a minimum of 10 feet on all sides from all other parking areas,parking structures, and dwelling units on the site. This area must meet the L-2 standard, as provided in Table 18.420.1, except that trees are not required. 4. Parking structures. The maximum size for any parking structure is 750 square feet and the maximum height is 15 feet. 5. Screening. Off-street parking areas not in structures must be screened from the street to the S-4 standard and from adjacent properties to the S-3 standard, as provided in Table 18.420.2. The required screening must be provided on the same site as the development. H. Pedestrian access. An accessible path must be provided that connects the main entrance of each dwelling unit to the following: 1. All parking areas on the lot, and 2. Sidewalks in the right-of-way. I. Landscaping. The standards and provisions of Section 18.420.030 apply, except for Paragraphs 18.420.030.A.2 and 18.420.030.A.3. The following additional standards also apply: 1. Common courtyards must meet the L-1 standard, as provided in Table 18.420.1. 2. A minimum of 33 percent tree canopy must be provided. The method for determining tree canopy is provided in Section 10 Part 3 Subpart M of the Urban Forestry Manual (UFM). All required trees must be a minimum caliper of 1.5 inches at the time of planting and meet the standards in Section 13 Part 2 and Appendix 3 of the UFM for soil volume and species. Trees planted to meet this standard are development trees. The applicant must pay the tree inventory fee listed in the city's Master Fees and Charges Schedule. 3. The minimum number of required street trees is determined by dividing the length in feet of the site's street frontage by 40 feet. When the result is a fraction,the minimum number of street trees is the nearest whole number. More than the minimum number of street trees may be required along the site's frontage depending upon the stature of trees chosen and the specific spacing standards for the chosen trees. a. Street trees must be planted within the right-of-way wherever practicable. Street trees may be planted a maximum of 6 feet from the right-of-way when planting within the right-of-way is not practicable as determined by the City Engineer. b. An existing tree may be used to meet the street tree standards provided that: Cottage Clusters 18.240-4 Code Update:4/20 i. The largest percentage of the tree trunk immediately above the trunk flare or root buttresses is either within the subject site or within the right-of-way immediately adjacent to the subject site; and ii. The tree would be permitted as a street tree in compliance with UFM street tree planting and soil volume standards if it were newly planted. J. Fencing. 1. Fences located at the perimeter of the lot are subject to the height requirements of Section 18.210.020. 2. Fences not located at the perimeter of the lot may not exceed 3 feet, except for fences used to meet the screening requirements of Paragraphs 18.240.050.G.5 and 18.240.050.K.2. K. Waste collection. 1. Dumpsters are prohibited in cottage cluster developments. 2. Waste collection and service areas may not be located in required setbacks and must be screened to the S-1 standard as provided in Table 18.420.2. (Ord. 20-01 §1; Ord. 18-28 §1; Ord. 18-23 §2) 18.240.060 Design Standards A. Floor area. 1. The maximum floor area of a single-story dwelling unit is 1,000 square feet. 2. The maximum floor area of a multi-story dwelling unit is 1,200 square feet. 3. The average floor area of all dwelling units in a development must not exceed 1,100 square feet. B. Height. The maximum height of dwelling units is 25 feet. C. Entrances. A minimum of 75 percent of the dwelling units in a development must have their main entrances face the required common courtyard. Dwelling units within 20 feet of a street property line with their entrances oriented to the street may count toward this standard. (Ord. 20-01 §1; Ord. 18-23 §2) 18.240.070 Accessory Structures Accessory structures are allowed subject to the following: A. The total maximum floor area of all accessory structures on the lot is 528 square feet. The floor area of parking structures does not count toward this maximum. B. The maximum height of accessory structures is 15 feet. C. Accessory structures are prohibited within the front setback. Cottage Clusters 18.240-5 Code Update:4/20 D. Accessory structures may be located within the side or rear setback provided they are a minimum of 5 feet from the side and rear property lines. (Ord. 18-23 §2) ■ Cottage Clusters 18.240-6 Code Update:4/20 Chapter 18.250 COURTYARD UNITS Sections: 18.250.010 Purpose 18.250.020 Applicability 18.250.030 Application Type 18.250.040 General Provisions 18.250.050 Development Standards 18.250.060 Design Standards 18.250.070 Accessory Structures 18.250.010 Purpose Courtyard units are groups of five to twelve attached dwelling units that are of smaller size and scale than other attached housing types such as apartments and rowhouses. The purpose of this chapter is to provide standards that promote quality development and enhance the livability, walkability, and safety of the community. Courtyard unit development is intended to achieve the following: A. Increase the number of affordable dwelling units; B. Accommodate incremental growth in neighborhoods while preserving residential quality of life; C. Provide for a variety of housing types that meet the needs of Tigard's diverse population at all stages of life; D. Encourage housing that allows residents to remain in their communities and neighborhoods as their needs change; and E. Facilitate more efficient use of land through smaller dwelling units. (Ord. 20-01 §1; Ord. 18-28 §1; Ord. 18-23 §2) 18.250.020 Applicability The standards of this chapter apply to courtyard unit development wherever this housing type is allowed as provided in the use and housing type tables in Chapter 18.110, Residential Zones and Chapter 18.120, Commercial Zones. Additional standards apply in the River Terrace Plan District, as provided in Chapter 18.640,River Terrace Plan District. (Ord. 19-09 §1; Ord. 18-23 §2) 18.250.030 Application Type Courtyard unit development requires a site development review application. (Ord. 19-09 §1; Ord. 18-28 §1; Ord. 18-23 §2) 18.250.040 General Provisions All lots approved for courtyard unit development through the provisions of this chapter will be conditioned to record a deed restriction prohibiting any type of development other than courtyard unit development on the lot. This deed restriction cannot be removed except through a land division or lot line adjustment process that brings the lot into conformance with the standards for development of other Courtyard Units 18.250-1 Code Update:4/20 housing types. A courtyard unit development deed restriction imposed as a condition of a previous or concurrent land division or lot line adjustment process meets this standard. (Ord. 20-01 §1; Ord. 18-28 §1; Ord. 18-23 §2) 18.250.050 Development Standards A. Density. The required density of a courtyard unit development is determined according to the following: 1. A courtyard unit development must contain a minimum of 5 dwelling units and a maximum of 12 dwelling units. 2. One dwelling unit is required for every 2,000 square feet of gross lot area. Any designated sensitive lands on the lot are included in the gross lot area. Any required dedications for public improvements are not included in the lot area. B. Minimum lot width. The minimum lot width is 75 feet. C. Setbacks. Setbacks apply only to the perimeter of the courtyard unit development. 1. The minimum front and side setbacks are 10 feet. 2. The minimum rear setback is 15 feet. 3. The maximum setback from any street property line is 20 feet. D. Common courtyard. A common courtyard must be provided. The common courtyard must be sized and located to contain a rectangle that meets the following: 1. The minimum size of the rectangle is 15 percent of the lot area; 2. The rectangle must abut a minimum of 15 percent of a street property line; 3. The rectangle area may not abut more than 40 percent of a street property line; and 4. Dwelling units and parking and maneuvering areas are prohibited within the rectangle. Courtyard Units 18.250-2 Code Update:4/20 Figure 18.250.1 Common Courtyard Minimum Size and Location Street property line ■ Courtyard units ElMinimum courtyard rectangle 111 Common courtyard E. Configuration of dwelling units. Dwelling units must be attached, except that the dwelling units may be provided in 2 detached buildings of at least 3 dwelling units each. See Figure 18.250.2. F. Location of dwelling units. The dwelling units must be arranged around the common courtyard. If dwelling units are provided in 2 detached buildings, the buildings must face each other across the common courtyard. See Figure 18.250.2. Figure 18.250.2 Possible Configurations and Locations of Dwelling Units I � ▪ Courtyard Units ❑ Common Courtyard Courtyard Units 18.250-3 Code Update:4/20 G. Parking. The provisions and standards of Sections 18.410.030 and 18.410.040 apply, except for Subsection 18.410.040.E. The following additional standards also apply: 1. Number of spaces. a. A minimum of 1 off-street parking space must be provided for each dwelling unit. If the lot is within 2,500 feet of a right-of-way that includes transit service, this parking minimum is reduced by half. Fractional space requirements must be counted as a whole space. b. An on-street parking credit may be granted for some or all the required off-street parking as provided in Section 18.410.090. c. A maximum of 1.2 off-street parking spaces are allowed for each dwelling unit. 2. Grouping. Off-street parking may be grouped.No grouping may exceed four spaces. 3. Location. a. Off-street parking must be located a minimum of 20 feet from any street property line, except alley property lines,where parking may be provided within 5 feet of the property line. b. Off-street parking must not be located within 10 feet of any other property line. c. All parking areas, including parking structures, must be separated by a minimum of 10 feet on all sides from all other parking areas, parking structures, and dwelling units on the site. This area must meet the L-2 standard, as provided in Table 18.420.1, except that trees are not required. d. Parking may be provided under the first story of the dwelling units,provided that this parking is accessed from the rear of the building and is not visible from the street. 4. Parking structures. The maximum size for any parking structure is 750 square feet and the maximum height is 15 feet. 5. Screening. Off-street parking areas not in structures must be screened from the street to the S-4 standard, as provided in Table 18.420.2. The required screening must be provided on the same site as the development. H. Pedestrian access. In accessible path must be provided that connects the main entrance of each dwelling unit to the following: 1. All parking areas on the site; and 2. Sidewalks in the right-of-way. I. Landscaping. 1. Common courtyards must meet the L-1 standard, as provided in Table 18.420.1. 2. A minimum of 33 percent tree canopy must be provided. The method for determining tree canopy is provided in Section 10 Part 3 Subpart M of the Urban Forestry Manual (UFM). All required Courtyard Units 18.250-4 Code Update:4/20 trees must be a minimum caliper of 1.5 inches at the time of planting and meet the standards in Section 13 Part 2 and Appendix 3 of the UFM for soil volume and species. Trees planted to meet this standard are development trees. The applicant must pay the tree inventory fee listed in the city's Master Fees and Charges Schedule. 3. The minimum number of required street trees is determined by dividing the length in feet of the site's street frontage by 40 feet. When the result is a fraction,the minimum number of street trees is the nearest whole number. More than the minimum number of street trees may be required along the site's frontage depending upon the stature of trees chosen and the specific spacing standards for the chosen trees. a. Street trees must be planted within the right-of-way wherever practicable. Street trees may be planted a maximum of 6 feet from the right-of-way when planting within the right-of-way is not practicable as determined by the City Engineer. b. An existing tree may be used to meet the street tree standards provided that: i. The largest percentage of the tree trunk immediately above the trunk flare or root buttresses is either within the subject site or within the right-of-way immediately adjacent to the subject site; and ii. The tree would be permitted as a street tree in compliance with UFM street tree planting and soil volume standards if it were newly planted. J. Fencing. 1. A fence at least 6 feet in height must be provided at the rear and side property lines, except that a fence is not required in the front setback and along street property lines. 2. All fences, including required fences, are subject to the maximum height requirements of Section 18.210.020. K. Waste collection. 1. Dumpsters are prohibited in courtyard unit developments. 2. Waste collection and service areas may not be located in required setbacks and must be screened to the S-1 standard,as provided in Table 18.420.2. (Ord. 20-01 §1; Ord. 18-28 §1; Ord. 18-23 §2) 18.250.060 Design Standards A. Floor area. 1. The maximum floor area of each individual dwelling unit in a courtyard unit development is 1,200 square feet. 2. The average floor area of all units in a dwelling unit development must not exceed 1,000 square feet. B. Height. The maximum height of a courtyard unit building is 18 feet. Courtyard Units 18.250-5 Code Update:4/20 C. Entrances. A minimum of 75 percent of the dwelling units in a development must have their main entrances face the required common courtyard. Dwelling units within 20 feet of a street property line with their entrances oriented to the street may count toward this standard. D. Facade length. 1. Front facades within the required front setbacks must not exceed 40 feet in length. See Figure 18.250.3. 2. The total length of front facades within the required front setbacks must not exceed 80 feet in length. See Figure 18.250.3. 3. Side facades along streets on corner lots may be any length. E. Windows. A minimum of 15% of the area of all street-facing facades must include windows or entrance doors. Window area is the aggregate area of the glass within each window, including any interior grids, mullions, or transoms. Door area is the area of the portion of a door that moves and does not include the frame. Figure 18.250.3 Facade Length Within Required Front Setbacks 1111111f Side •�-� x Front ❑ Right-of-way • Courtyard Units Required min.and max.setbacks Max.length of x and y is 40 feet. Max.length of x+y is 80 feet. (Ord. 20-01 §1; Ord. 18-28 §1; Ord. 18-23 §2) 18.250.070 Accessory Structures Accessory structures are allowed subject to the following: A. The total maximum floor area of all accessory structures on the lot is 528 square feet. The floor area of parking structures does not count toward this maximum. Courtyard Units 18.250-6 Code Update:4/20 B. The maximum height of accessory structures is 15 feet. C. Accessory structures may be located within the side or rear setback provided they are a minimum of 5 feet from the side and rear property lines. (Ord. 19-09 §1; Ord. 18-23 §2) ■ Courtyard Units 18.250-7 Code Update:4/20 Chapter 18.260 MOBILE HOME PARKS Sections: 18.260.010 Purpose 18.260.020 Applicability 18.260.030 Application Type 18.260.040 Mobile Home Park Standards 18.260.010 Purpose The purpose of this chapter is to establish standards for the placement of mobile homes in mobile home park developments. (Ord. 20-01 §1; Ord. 18-28 §1; Ord. 18-23 §2; Ord. 17-22 §2) 18.260.020 Applicability The standards of this chapter apply to mobile home park development wherever this housing type is allowed as provided in the use and housing type tables in Chapter 18.110, Residential Zones and Chapter 18.120, Commercial Zones. Additional standards apply in the River Terrace Plan District, as provided in Chapter 18.640,River Terrace Plan District. (Ord. 19-09 §1) 18.260.030 Application Type Mobile home park development requires a site development review application. (Ord. 19-09 §1) 18.260.040 Mobile Home Park Standards A. Minimum development standards. Mobile home park development must meet the following minimum development standards: 1. Gross lot area of 1 acre; 2. Street frontage of 100 feet; 3. Lot depth of 150 feet; 4. Front and rear setback of 25 feet; 5. Side setback of 10 feet,except on a corner lot the street side setback is 25 feet; 6. Sixty square feet of outdoor recreation area, suitably improved for recreational use, provided for each dwelling unit in addition to required setbacks. Each recreation area must be a minimum size of 2,500 square feet; 7. Landscape area of 20 percent of the mobile home park area; and 8. Be partially screened from the public right-of-way and adjacent residential areas by a combination of a sight-obscuring fence, vegetation, berm, or any combination of the above, except that within the required front setback,any fence must not exceed 3 feet in height. Mobile Home Parks 18.260-1 Code Update:4/20 B. Other standards. 1. Evidence must be provided that the park will be eligible for a certificate of sanitation required by state law. 2. Each site must be adequately serviced by public facilities such as water supply, sewers, sidewalks, and improved streets. 3. Each dwelling unit must be served with a water, sewer, and electrical connection. The electrical connection must provide for 110 and 220-volt service. 4. All mobile homes, accessory buildings, or other structures must be at least 10 feet from another mobile home, accessory building, or other structure. 5. The maximum height of all structures is 25 feet. 6. Each mobile home placed in a mobile home park must be inspected by the building official and meet the following standards: a. Each mobile home must comply with all applicable state and federal regulations; b. Each mobile home must be in good repair, notwithstanding deterioration that may have occurred due to misuse,neglect, accident, or other cause; c. Each mobile home must contain a water closet, lavatory, shower or tub, and a sink in a kitchen or other food preparation space. 7. Each vehicular way in a mobile home park must be named and marked with signs that are similar in appearance to those used to identify public streets, and a map of the named vehicular ways must be provided to the applicable fire district, the police department, and the public works department. 8. If a mobile home space or permanent structure in the park is more than 500 feet from a public fire hydrant,the park must provide: a. Water supply lines designed with fire hydrants that are within 500 feet of such space or structure; and b. Each hydrant within the park must be located on a vehicular way and comply in design and capacity to city and the applicable water district standards. 9. Each mobile home in a mobile home park must have a continuous perimeter skirting installed in compliance with state regulations, which must be of the same material and finish as the exterior of the mobile home. 10. The wheels, tongue, and traveling lights of each mobile home in a mobile home park must be removed upon installation of the dwelling unit. 11. Outdoor storage of furniture, tools, equipment, building materials, or supplies belonging to the occupants or management of the park is prohibited. Mobile Home Parks 18.260-2 Code Update:4/20 12. Accessways or driveways must be lighted in compliance with city standards. 13. Primary access to the mobile home park must be from a public street and comply with Chapter 18.920,Access,Egress, and Circulation; and a. Where necessary, additional street right-of-way must be dedicated to the city to maintain adequate traffic circulation; b. Access driveways connecting to a public street must be at least 36 feet, of which at least 20 feet must be paved; and c. Driveways must be designed to provide for all maneuvering and parking without encroaching on a public street. 14. The maximum number of mobile homes in the park or subdivision is limited to the dwelling unit density for single detached houses as provided in Chapter 18.290, Single Detached Houses. 15. Where landfill or development is allowed within or adjacent to the special flood hazard area, the city will require the dedication of sufficient open land area for a greenway adjacent to and within the special flood hazard area. This area includes portions at a suitable elevation for the construction of a path, sidewalk, or trail with the special flood hazard area in compliance with the adopted trails plan or transportation plan. (Ord. 20-01 §1; Ord. 19-09 §1; Ord. 18-28 §1; Ord. 18- 23 §2; Ord. 17-22 §2) ■ Mobile Home Parks 18.260-3 Code Update:4/20 Chapter 18.270 QUADS Sections: 18.270.010 Purpose 18.270.020 Applicability 18.270.030 Application Type 18.270.040 General Provisions 18.270.050 Development Standards 18.270.060 Design Standards 18.270.070 Accessory Structures 18.270.010 Purpose Quads are a type of attached housing with two dwelling units side-by-side on the first story and two dwelling units side-by-side on the second story. The dwelling units are of smaller size than the typical apartment or single detached house. The purpose of this chapter is to provide standards that promote quality development and enhance the livability, walkability, and safety of the community. Quad development is intended to achieve the following: A. Increase the number of affordable dwelling units; B. Accommodate incremental growth in neighborhoods while preserving residential quality of life; C. Provide for a variety of housing types that meet the needs of Tigard's diverse population at all stages of life; D. Allow development of attached housing that is similar in size and form to single detached houses; E. Encourage housing that allows residents to remain in their communities and neighborhoods as their needs change; and F. Facilitate more efficient use of land through smaller dwelling units. (Ord. 20-01 §1; Ord. 18-28 §1; Ord. 18-23 §2) 18.270.020 Applicability The standards of this chapter apply to quad development wherever this housing type is allowed as provided in the use and housing type tables in Chapter 18.110, Residential Zones and Chapter 18.120, Commercial Zones. Additional standards apply in the River Terrace Plan District, as provided in Chapter 18.640,River Terrace Plan District. (Ord. 19-09 §1; Ord. 18-23 §2) 18.270.030 Application Type Quad development requires a site development review application. (Ord. 19-09 §1; Ord. 18-28 §1; Ord. 18-23 §2) Quads 18.270-1 Code Update:4/20 18.270.040 General Provisions All lots approved for quad development through the provisions of this chapter will be conditioned to record a deed restriction prohibiting any type of development other than quad development on the lot. This deed restriction cannot be removed except through a land division or lot line adjustment process that brings the lot into conformance with the standards for development of other housing types. A quad deed restriction imposed as a condition of a previous or concurrent land division or lot line adjustment process meets this standard. (Ord. 18-28 §1; Ord. 18-23 §2) 18.270.050 Development Standards A. Number of dwelling units. A quad development must contain four dwelling units. Two dwelling units must be wholly contained within a first story. Two dwelling units must be wholly contained within a second story. B. Density. Minimum and maximum densities are determined by the required number of dwelling units and the lot size standards of Table 18.270.1. C. Lot width. Minimum lot widths are provided in Table 18.270.1. D. Setbacks. Minimum and maximum setbacks are provided in Table 18.270.1. E. Lot coverage. Maximum lot coverage is provided in Table 18.270.1. F. Parking. The provisions and standards of Sections 18.410.030 and 18.410.040 apply, except for Subsection 18.410.040.E. The following additional standards also apply: 1. Number of spaces. a. A minimum of 4 off-street parking spaces must be provided for each quad development. If the lot is within 2,500 feet of a right-of-way that includes transit service, this parking minimum is reduced by half. b. An on-street parking credit may be granted for some or all the required off-street parking as provided in Section 18.410.090. c. A maximum of 5 off-street parking spaces are allowed for each quad development. 2. Grouping. Off-street parking must be grouped. 3. Location. a. Off-street parking must be located a minimum of 20 feet from any street property line, except alley property lines,where parking may be provided within 5 feet of the property line. b. Off-street parking may not be located within 10 feet of any other property line. c. Covered parking may be provided under the first story of the quad,provided that this parking is accessed from the rear of the building and is not visible from the street. Quads 18.270-2 Code Update:4/20 4. Parking structures. One parking structure is allowed per quad development, subject to the following: a. The maximum size is 750 square feet; and b. The maximum height is 15 feet. 5. Screening. Off-street parking areas not in structures must be screened from the street to the S-4 standard, as provided in Table 18.420.2. The required screening must be provided on the same site as the development. G. Pedestrian access. An accessible path must be provided that connects the main entrance of the quad to the following: 1. All parking areas on the site; and 2. Sidewalks in the right-of-way. H. Landscaping. The standards and provisions of Sections 18.420.030 and 18.420.040, in addition to the following standards: 1. Minimum landscape area standards are provided in Table 18.270.1. All required landscape areas must meet the L-1 standard, as provided in Table 18.420.1. 2. A minimum of 33 percent tree canopy must be provided. The method for determining tree canopy is provided in Section 10 Part 3 Subpart M of the Urban Forestry Manual (UFM). All required trees must be a minimum caliper of 1.5 inches at the time of planting and meet the standards in Section 13 Part 2 and Appendix 3 of the UFM for soil volume and species. Trees planted to meet this standard are development trees. The applicant must pay the tree inventory fee listed in the city's Master Fees and Charges Schedule. 3. The minimum number of required street trees is determined by dividing the length in feet of the site's street frontage by 40 feet. When the result is a fraction,the minimum number of street trees is the nearest whole number. More than the minimum number of street trees may be required along the site's frontage depending upon the stature of trees chosen and the specific spacing standards for the chosen trees. a. Street trees must be planted within the right-of-way wherever practicable. Street trees may be planted a maximum of 6 feet from the right-of-way when planting within the right-of-way is not practicable as determined by the city engineer. b. An existing tree may be used to meet the street tree standards provided that: i. The largest percentage of the tree trunk immediately above the trunk flare or root buttresses is either within the subject site or within the right-of-way immediately adjacent to the subject site; and ii. The tree would be permitted as a street tree in compliance with UFM street tree planting and soil volume standards if it were newly planted. I. Fencing. Quads 18.270-3 Code Update:4/20 1. A fence at least 6 feet in height must be provided at the rear and side property lines, except that a fence is not required in the front setback and along street property lines. 2. All fences, including required fences, are subject to the maximum height requirements of Section 18.210.020. J. Waste collection. 1. Dumpsters are prohibited in quad developments. 2. Waste collection and service areas may not be located in required setbacks and must be screened to the S-1 standard,as provided in Table 18.420.2. Table 18.270.1 Development Standards for Quads Standard R-3.5 R-4.5 , R-12 Minimum Lot Size 10,000 sq ft 7,500 sq ft 5,000 sq ft 5,000 sq ft Maximum Lot Size 11,500 sq ft 9,000 sq ft 6,250 sq ft 6,250 sq ft Minimum Lot Width 65 ft 50 ft 50 ft None Minimum Setbacks -Front 15 ft 15 ft 15 ft 15 ft -Street side 15 ft 15 ft 10 ft 10 ft -Side 5 ft 5 ft 5 ft 5 ft -Rear 15ft 15ft 15ft 15ft Maximum Setbacks -Front 20 ft 20 ft 20 ft 20 ft -Street side 20 ft 20 ft 15 ft 15 ft Maximum Height 30 ft 30 ft 35 ft 35 ft Maximum Lot Coverage 70% 75% 80% 80% Minimum Landscape Area 30% 25% 20% 20% (Ord. 20-01 §1; Ord. 18-28 §1; Ord. 18-23 §2) 18.270.060 Design Standards A. Floor area. The maximum square footage of each dwelling unit within a quad development is 1,000 square feet. B. Height. Maximum heights are provided in Table 18.270.1. C. Entrances. At least one main entrance to the quad must face a street property line. D. Exterior staircases. Exterior staircases to the second story of a quad are prohibited. Quads 18.270-4 Code Update:4/20 E. Windows. A minimum of 15 percent of the area of all street-facing facades must include windows or entrance doors. Window area is the aggregate area of the glass within each window, including any interior grids, mullions, or transoms. Door area is the area of the portion of a door that moves and does not include the frame. (Ord. 20-01 §1; Ord. 18-23 §2) 18.270.070 Accessory Structures Accessory structures are allowed subject to the following: A. The total maximum floor area of all accessory structures on the lot is 300 square feet. The floor area of parking structures does not count toward this maximum. B. The maximum height of accessory structures is 15 feet. C. Accessory structures are prohibited within the front setback. D. Accessory structures may be located within the side, street side, or rear setback provided they are a minimum of 5 feet from the side and rear property lines. (Ord. 18-23 §2) ■ Quads 18.270-5 Code Update:4/20 Chapter 18.280 ROWHOUSES Sections: 18.280.010 Purpose 18.280.020 Applicability 18.280.030 Application Type 18.280.040 General Provisions 18.280.050 Development Standards 18.280.060 Design Standards 18.280.070 Accessory Structures 18.280.010 Purpose Rowhouses are a type of attached housing that share common side walls. The purpose of this chapter is to provide standards that promote quality development and enhance the livability, walkability, and safety of the community. Rowhouse development is intended to achieve the following: A. Increase the number of affordable dwelling units; B. Accommodate incremental growth in neighborhoods while preserving residential quality of life; C. Provide for a variety of housing types that meet the needs of Tigard's diverse population at all stages of life; D. Encourage housing that allows residents to remain in their communities and neighborhoods as their needs change; and E. Facilitate more efficient use of land through smaller dwelling units. (Ord. 20-01 §1; Ord. 18-28 §1) 18.280.020 Applicability A. The standards of this chapter apply to rowhouse development in the R-7, R-12, R-25, MUR-1, and MUR-2 zones. Additional standards apply in the River Terrace Plan District, as provided in Chapter 18.640, River Terrace Plan District. An applicant may elect to apply the standards of Chapter 18.230, Apartments, when proposing rowhouse development in base zones where apartment development is allowed. B. The standards of this chapter also apply to nonconforming rowhouse development in the R-1 through R-4.5 zones. In lieu of specific base zone standards, rowhouse development in these zones is subject to the R-7 zone standards. C. Rowhouse development in the MUC-1 zone is subject to the standards of Chapter 18.620, Bridgeport Village Plan District. D. This chapter does not apply to rowhouse development in the MU-CBD and TMU zones. Rowhouse development in these zones is subject to the approval processes and standards of Chapter 18.650, Tigard Downtown Plan District, and Chapter 18.660, Tigard Triangle Plan District, respectively. (Ord. 20-01 §1; Ord. 19-09 §1; Ord. 18-28 §1) Rowhouses 18.280-1 Code Update:4/20 18.280.030 Application Type Rowhouse development requires a site development review application. (Ord. 19-09 §1; Ord. 18-28 §1) 18.280.040 General Provisions All lots approved for rowhouse development in the R-7, R-12, and R-25 zones through the provisions of this chapter will be conditioned to record a deed restriction prohibiting any type of development other than rowhouse development on the lot. This deed restriction cannot be removed except through a land division or lot line adjustment process that brings the lot into conformance with the standards for development of other housing types. A rowhouse deed restriction imposed as a condition of a previous or concurrent land division or lot line adjustment process meets this standard. (Ord. 18-28 §1) 18.280.050 Development Standards A. Number of dwelling units. A rowhouse development must contain at least two dwelling units. There is no maximum number of dwelling units, except that in the R-7 zone, the maximum number of dwelling units per grouping is 5. B. Density. Minimum and maximum densities are provided in Table 18.280.1. C. Lot width. Minimum lot widths are provided in Table 18.280.1. D. Setbacks. Minimum and maximum setbacks are provided in Table 18.280.1. E. Parking. The provisions and standards of Sections 18.410.030 and 18.410.040 apply, except for Subsection 18.410.040.E. The following additional standards also apply: 1. Number of spaces. a. A minimum of 1 off-street parking space must be provided for each rowhouse. b. An on-street parking credit may be granted for some or all the required off-street parking as provided in Section 18.410.090. 2. Access. Access to off-street parking areas for rowhouse development may be taken through tandem driveways, shared access, or from an alley. The following requirements apply to each situation in addition to the relevant sections of Chapter 18.920,Access,Egress, and Circulation. a. Tandem driveways. If access is taken from a street other than an alley and access is not shared development-wide,the following standards apply. See Figure 18.280.1 for examples. i. A maximum of 1 driveway is allowed for every 2 dwelling units, except that each rowhouse grouping of three or more dwelling units may include 1 driveway that provides access to a single dwelling unit. Shared access is subject to the requirements of Subsection 18.920.030.C. ii. The minimum width for a driveway is 15 feet, except that a single unshared driveway may be 10 feet in width. Rowhouses 18.280-2 Code Update:4/20 iii. The maximum width for a driveway is 18 feet, except that the maximum width for a single unshared driveway is 12 feet. iv. Driveways must be located a minimum of 18 feet apart to minimize vehicle conflicts with pedestrians. Distance between driveways is measured along the front property line. Figure 18.280.1 Access Configuration for Tandem Driveways 171 v Rowhouse Rowhouse Rowhouse Rowhouse Rowhouse Rowhouse Rowhouse Rowhouse rq Tandem Tandem Driveway Driveway Tandem 1 Tandem Driveway 1 Driveway Sidewalk l' 18',118 X 18'-* ' 15" X 18" X 15' LJ L STREET STREET b. Shared access. If access for all dwelling units in a rowhouse development is shared and off- street parking areas are provided at the side or rear of a rowhouse development rather than at the front of each dwelling unit, the minimum paved width of the shared access is 20 feet and the maximum width is 24 feet. Figure 18.280.2 Access Configuration for Shared Access IHHH HHII Off-street parking area Rowhouse Rowhouse Rowhouse Rowhouse Rowhouse Rowhouse Rowhouse Rowhouse Shared Access Sidewalk X 20' A' STREET c. Alley access. If access is taken from an alley,the following standards apply: i. A maximum of one access is allowed for each dwelling unit. ii. The minimum paved width of an alley access is 10 feet. Rowhouses 18.280-3 Code Update:4/20 3. Location. Off-street parking areas, including detached parking structures, must be located a minimum of 20 feet from any street property line, except alley property lines,where no minimum setback is required. 4. Parking structures. Parking structures in rowhouse developments are subject to the following: a. Detached parking structures must be located a minimum of 40 feet from a street property line where rowhouses provide main entrances. b. The maximum size for a detached parking structure is 200 square feet per rowhouse served by the structure. c. The maximum height for a detached parking structure is 15 feet. 5. Screening. Screening of parking areas is not required, except that in the R-7 zone, off-street parking areas provided at the side or rear of buildings and not in structures must be screened from adjacent properties to the S-3 standard, as provided in Table 18.420.2. The required screening must be provided on the same site as the development. F. Pedestrian access. Rowhouse developments of 5 or more dwelling units must provide a paved, accessible pedestrian path that connects the main entrance of each rowhouse to the following: 1. Sidewalks in the right-of-way abutting the site; 2. Common buildings such as laundry and recreation facilities; 3. Parking areas; and 4. Common open space and play areas. G. Landscaping. The provisions and standards of Chapter 18.420, Landscaping and Screening do not apply to rowhouse development, with the exception of Sections 18.420.030 and 18.420.040. The following additional standards also apply: 1. The minimum landscape area standards are provided in Table 18.280.1. All required landscape areas must meet the L-1 standard, as provided in Table 18.420.1. 2. A minimum of 15 percent tree canopy must be provided. The method for determining tree canopy is provided in Section 10 Part 3 Subpart M of the Urban Forestry Manual (UFM). All required trees must be a minimum caliper of 1.5 inches at the time of planting and meet the standards in Section 13 Part 2 and Appendix 3 of the UFM for soil volume and species. Trees planted to meet this standard are development trees. The applicant must pay the tree inventory fee listed in the city's Master Fees and Charges Schedule. 3. The minimum number of required street trees is determined by dividing the length in feet of the site's street frontage by 40 feet. When the result is a fraction,the minimum number of street trees is the nearest whole number. More than the minimum number of street trees may be required along the site's frontage depending upon the stature of trees chosen and the specific spacing standards for the chosen trees. a. Street trees must be planted within the right-of-way wherever practicable. Street trees may be Rowhouses 18.280-4 Code Update:4/20 planted a maximum of 6 feet from the right-of-way when planting within the right-of-way is not practicable as determined by the City Engineer. b. An existing tree may be used to meet the street tree standards provided that: i. The largest percentage of the tree trunk immediately above the trunk flare or root buttresses is either within the subject site or within the right-of-way immediately adjacent to the subject site; and ii. The tree would be permitted as a street tree in compliance with UFM street tree planting and soil volume standards if it were newly planted. H. Waste collection. 1. Dumpsters are prohibited in rowhouse developments. 2. Waste collection and service areas may not be located in required setbacks and must be screened to the S-1 standard,as provided in Table 18.420.2. Table 18.280.1 Development Standards for Rowhouses Standard R-7 R-12 R-25 MUR-1 MUR-2 Minimum Lot Size 5,000 sq ft 2,500 sq ft 1,500 sq ft Minimum and maximum per unit per unit per unit lot size are determined by Maximum Lot Size 5,500 sq ft 2,750 sq ft 1,750 sq ft minimum and maximum per unit per unit per unit density. Minimum Lot Width 20 ft 20 ft 20 ft 16 ft 16 ft Minimum Setbacks -Front 15ft 15ft 15ft Oft loft -Street side 10 ft 10 ft 10 ft 5 ft 10 ft -Side [1] 5ft 5ft 5ft 5ft 5ft -Rear[2] 15ft f 15ft 15ft 15ft 15ft Maximum Setbacks -Front 20 ft 20 ft 20 ft 20 ft 20 ft -Street side 20 ft 20 ft 20 ft 20 ft 20 ft Maximum Height 35 ft 35 ft 45 ft 75 ft 45 ft Minimum Landscape Area 20% 20% 20% 20% 20% Minimum Density 50 units per 25 units per Minimum and maximum density are determined by minimum and maximum acre acre Maximum Density lot size. None 50 units per acre [1] This standard does not apply to a common wall lot line where the dwelling units are attached. Rowhouses 18.280-5 Code Update:4/20 [2] There is no rear setback when the rear property line abuts an alley. (Ord. 20-01 §1; Ord. 18-28 §1) 18.280.060 Design Standards A. Height. Maximum heights are provided in Table 18.280.1. B. Dwelling unit definition. Each dwelling unit must include at least one of the following on the street- facing facade: 1. A roof dormer a minimum of 4 feet in width, 2. A balcony a minimum of 2 feet in depth and accessible from an interior room, 3. A bay window that extends from the facade a minimum of 2 feet, or 4. An offset of the facade of a minimum of 2 feet in depth from the neighboring dwelling unit. C. Main entrance. The main entrance of each rowhouse must face the street. If a rowhouse has more than one street property line,the entrance may face either street. D. Porches. Each rowhouse in a grouping must include a porch that is a minimum of 48 square feet in area with no horizontal dimension less than 6 feet. A balcony on the same facade as the main entrance may substitute for a front porch,provided that the following are met: 1. The area of the balcony must be a minimum of 48 square feet, 2. The balcony must be a minimum of 8 feet in width, 3. The floor of the balcony must be a maximum of 15 feet above grade,and 4. The balcony must be accessible from the interior living space of the house. E. Roofs. Roofs must be sloped, with a minimum pitch of 4/12 and a maximum pitch of 14/12, except that a roof may be flat if it meets one of the following: 1. The space on top of the roof is used as a deck or balcony that is no more than 150 square feet in area and is accessible from an interior room; or 2. The roof line includes a cornice that extends at least 6 inches from the facade and is a minimum of 12 inches in height. F. Exterior staircases. Exterior staircases to any story above the first story of a rowhouse are not allowed. G. Windows. A minimum of 12 percent of the area of all street-facing facades on each individual dwelling unit must include windows or entrance doors. Window area is the aggregate area of the glass within each window, including any interior grids, mullions, or transoms. Door area is the area of the portion of a door other than a garage door that moves and does not include the frame. Half of the Rowhouses 18.280-6 Code Update:4/20 window area in the door of an attached garage may count toward meeting this standard. (Ord. 20-01 §1; Ord. 18-28 §1) 18.280.070 Accessory Structures Accessory structures are allowed subject to the following standards: A. The maximum size of accessory structures is 528 square feet; B. The maximum height of accessory structures is 15 feet; C. Accessory structures are prohibited within the front setback; and D. Accessory structures may be located within the side or rear setback provided they are a minimum of 5 feet from the side and rear property lines. (Ord. 18-28 §1) ■ Rowhouses 18.280-7 Code Update:4/20 Chapter 18.290 SINGLE DETACHED HOUSES Sections: 18.290.010 Purpose 18.290.020 Applicability 18.290.030 Development Standards 18.290.040 Design Standards 18.290.050 Accessory Structures 18.290.010 Purpose Single detached house development is intended to provide a desired housing type for individual households. It is one piece of a diverse housing strategy and integrates well with other housing types of similar scale. (Ord. 18-28 §1; Ord. 18-23 §2) 18.290.020 Applicability The standards of this chapter apply to single detached houses in residential zones and to primary dwelling units on lots with accessory dwelling units. (Ord. 18-23 §2) 18.290.030 Development Standards Development standards for single detached houses are provided in Table 18.290.1. Table 18.290.1 Development Standards for Single Detached Houses Standard R-1 R-2 R-3.5 R-4.5 R-7 R-12 and MUC-1 R-25 [1] a Minimum Lot Size 30,000 20,000 10,000 7,500 5,000 3,050 0 sq ft sgft sgft sgft sgft sgft sgft Minimum Lot Width 100 ft 100 ft 65 ft 50 ft 50 ft 0 ft 0 ft Minimum Setbacks -Front 30 ft 30 ft 20 ft 20 ft 15 ft 15 ft 0 ft [2] -Street side 20 ft 20 ft 20 ft 15 ft 10 ft 10 ft 0 ft [2] -Side 5ft 5ft 5ft 5ft 5ft 5ft Oft -Rear 25 ft 25 ft 15 ft 15 ft 15 ft 15 ft Oft - Garage [3] 20 ft 20 ft 20 ft 20 ft 20 ft 20 ft 20 ft Maximum Height 30 ft 30 ft 30 ft 30 ft 35 ft 35 ft 70 ft Maximum Lot Coverage None None None None 80% 80% 90% Minimum Landscape Area[4] None None None None 20% 20% 10% Minimum Density 80%of maximum density 25 units per acre Maximum Density Calculated using the method provided in 18.40.130 50 units per acre Single Detached Houses 18.290-1 Code Update:4/20 Minimum Parking 1 off-street vehicle parking space per house [5] [1] Development standards for single detached houses and allowed accessory uses and structures in the R-25 zone apply only to lots with existing nonconforming development. New construction of single detached houses is not allowed except as provided in Chapter 18.50,Nonconforming Circumstances. [2] The maximum front and street side setback is 20 feet. [3] The minimum garage setback applies to garages and carports. The minimum setback may be reduced to 0 feet where vehicle access is taken from an alley. [4] The minimum landscape area must be planted to the L-1 standard. Landscaping standards are provided in Chapter 18.420, Landscaping and Screening. Single detached house development is exempt from the general provisions of Section 18.420.030. [5] The minimum parking standard may be met with an on-street parking credit. On-street parking credit standards are provided in Section 18.410.090. (Ord. 20-01 §1; Ord. 19-09 §1; Ord. 18-28 §1; Ord. 18-23 §2) 18.290.040 Design Standards A. Entrances. The main entrance must meet the following standards: 1. The entrance must be set back no further than 8 feet from the widest street-facing wall; and 2. The entrance must be offset no more than 45 degrees from a line parallel to the front lot line. If the front lot is curved, the offset is measured from a line tangent to the midpoint of the front lot line. B. Windows. A minimum of 12 percent of the area of all street-facing facades, excluding alley-facing facades, must include windows or doors. Door area is the portion of a door that moves and does not include the frame. Garage doors designed for vehicle access may not be used to meet this standard. 1. Windows in a garage door may be used to meet this standard. 2. A maximum of 2 percent of the required window area may be frosted glass. C. Attached garages and carports. The purpose of these standards is to prevent garages and carports from obscuring or dominating the street-facing facade of residential buildings. An illustration of garage door width is shown in Figure 18.290.1. An attached garage or carport must meet the following standards,except for garages or carports on flag lots or where vehicle access is taken from an alley. 1. A garage door or carport entrance designed for vehicle access may not be closer to the street property line than a facade that encloses living area along the same street frontage, except as follows: a. A garage door or carport entrance may extend up to 5 feet in front of a facade that encloses living area if there is a covered front porch with no horizontal dimension less than 5 feet and the garage door or carport entrance does not extend beyond the roof of the porch, excluding gutters. b. A garage door or carport entrance may extend up to 5 feet in front of a facade that encloses living area if there is a second story above the garage that includes a street-facing window Single Detached Houses 18.290-2 Code Update:4/20 with a minimum area of 12 square feet and a horizontal offset of no more than two feet from the plane of the garage door. 2. The total maximum width of all garage doors or carport entrances is 12 feet or 50 percent of the total width of the street-facing facade, whichever is greater. The width of a garage door is measured from inside the garage door frame. Where more than one garage door is proposed, the width of each garage door is measured separately. See Figure 18.290.1. Figure 18.290.1 Garage Door Width . Property Line I I I Building I I I Garage r II I I- x ---1 1 1 y L . — . — . _ . — . — . — . — . — . — . — . — . — . J STREET X: Width of garage door Y: Width of street-facing facade 3. The total maximum width of all garage doors or carport entrances may be increased to 60 percent of the total width of the street-facing facade provided that a minimum of 7 detailed design elements from the list below are included on the street-facing facade with the garage door or carport entrance. a. Covered porch: a minimum depth of 5 feet, as measured horizontally from the face of the building wall,and a minimum width of 5 feet. b. Recessed entrance area: A minimum depth of 2 feet, as measured horizontally from the face of the building wall, and a minimum width of 5 feet. c. Wall offset: a minimum offset of 16 inches from one exterior wall surface to the other. d. Dormer: a minimum width of 4 feet that is integrated into the roof form. Single Detached Houses 18.290-3 Code Update:4/20 e. Roof eave: a minimum projection of 12 inches from the intersection of the roof and the building walls. f. Roof offset: a minimum offset of 2 feet from the top surface of one roof to the top surface of the other. g. Roof shingles: tile or fire-resistant roofing material. h. Roof design: gable roof,hip roof, or gambrel roof design. i. Roof pitch: a roof pitch of at least 500 square feet in area that is sloped to face the southern sky and has its eave line oriented within 30 degrees of the true north/south axis. j. Horizontal lap siding: a minimum visible lap width of 3 to 7 inches once installed. The siding material must be wood, fiber-cement, or vinyl to meet this standard. k. Accent siding: brick, cedar shingles, stucco, or other accent material that covers a minimum of 40 percent of the facade. 1. Window trim: a minimum width of 2.5 inches and a minimum depth of 5/8 inches around all windows. m. Window recess: a minimum depth of 3 inches, as measured horizontally from the face of the building wall, for all windows except where a bay window is proposed that meets the standard in Subparagraph 18.290.040.C.3.n. n. Window projection(e.g., bay window): a minimum depth of 2 feet, as measured horizontally from the face of the building wall, and a minimum width of 5 feet. o. Balcony: a minimum depth of 3 feet and a minimum width of 5 feet that is accessible from an interior room. (Ord. 20-01 §1; Ord. 19-09 §1; Ord. 18-28 §1) 18.290.050 Accessory Structures Accessory structures are allowed on all lots with single detached houses subject to the following standards: A. The maximum size of accessory structures is 528 square feet on lots less than 2.5 acres and 1,000 square feet on lots 2.5 acres or larger; B. The maximum height of accessory structures is 15 feet; C. Accessory structures may not cause the lot to exceed the maximum lot coverage allowed in the base zone; D. Accessory structures are prohibited in the required front setback; and E. Accessory structures may be located in the required side, street side, or rear setback provided they are a minimum of 5 feet from the side, street side, and rear property lines, except for garages and carports, which are subject to specific setback standards for the side of the structure designed for vehicle access. (Ord. 18-28 §1; Ord. 18-23 §2) ■ Single Detached Houses 18.290-4 Code Update:4/20 Chapter 18.320 COMMERCIAL ZONE DEVELOPMENT STANDARDS Sections: 18.320.010 Purpose and Definition 18.320.020 Applicability 18.320.030 Application Type 18.320.040 Development Standards 18.320.050 Design Standards 18.320.060 Additional Standards for C-N, C-C,and C-G Zones 18.320.070 Additional Standards for Adult Entertainment Uses 18.320.010 Purpose and Definition A. Purpose. The purpose of this chapter is to provide standards for nonresidential development in commercial zones that promote quality development and enhance the livability, walkability, and safety of the community. B. Definition. Nonresidential development includes mixed-use developments with or without a residential component and single-use developments that contain a civic, institutional, commercial, industrial, or other nonresidential use. (Ord. 18-28 §1) 18.320.020 Applicability A. The standards of this chapter apply to nonresidential development in the C-N, C-C, C-G, C-P, MUC, MUE, MUE-1, MUE-2, MUR-1, and MUR-2 zones. Additional standards apply to nonresidential development in the River Terrace Plan District and Washington Square Regional Center Plan District as provided in Chapter 18.640, River Terrace Plan District, and Chapter 18.670, Washington Square Regional Center Plan District. B. Nonresidential development in the MUC-1 zone is subject to the standards of Chapter 18.620, Bridgeport Village Plan District. C. This chapter does not apply to nonresidential development in the MU-CBD and TMU zones. Nonresidential development in these zones is subject to the approval processes and standards of Chapter 18.650, Tigard Downtown Plan District, and Chapter 18.660, Tigard Triangle Plan District, respectively. D. Residential development in commercial zones is subject to the approval processes and standards of the applicable housing type in Chapter 18.200, Residential Development Standards. (Ord. 19-09 §1; Ord. 18-28 §1) 18.320.030 Application Type Nonresidential development in commercial zones requires a site development review application, except where a conditional use or planned development application is required or proposed. (Ord. 19-09 §1; Ord. 18-28 §1) Commercial Zone Development Standards 18.320-1 Code Update:4/20 18.320.040 Development Standards A. Base zone development standards are provided in Table 18.320.1. Table 18.320.1 Commercial Zone Development Standards for Nonresidential Development C-N MUE-2 MUC Standard and C-G C-P MUE and MUR-1 and C-C MUR-2 [1] MUE-1 _in. [1] ice] Minimum Lot Size 5,000 0 sq ft 6,000 0 sq ft 0 sq ft 0 sq ft 0 sq ft sgft sg ft Minimum Lot Width 50 ft 50 ft 50 ft 50 ft 0 ft 0 ft 0 ft Minimum Setback -Front Oft Oft Oft Oft loft Oft Oft -Street side Oft Oft Oft Oft 10 ft 5 ft O ft -Side Oor20ft 0or20ft Oor20ft Oor20ft Oor20ft Oor20ft Oor20ft [2] [3] [3] [3] [3] [3] [3] -Rear O or 20 ft 0 or 20 ft O or 20 ft 0 or 20 ft 0 or 20 ft 0 or 20 ft O or 20 ft [2] [3] [3] [3] [3] [3] [3] Maximum Setback -Front 20 ft None or None None 20 ft 20 ft 20 ft 1Oft [4] -Street side 20 ft None or None None 20 ft 20 ft 20 ft 1Oft [4] Minimum Height 0 ft O ft 0 ft 0 ft O ft 2 stories 2 stories Maximum Height 35 ft 45 ft 45 ft 45 ft 60 ft 75 ft 200 ft Maximum Lot Coverage 85% 85% 85% 80% 80% 80% 85% Minimum Landscape 15% 15% 15% 20% 20% 20% 15% Area Minimum FAR[5] None None None None 0.3 0.6 1.25 Maximum FAR[5] None None None 0.4 [6] None None None [1] See Chapter 18.670, Washington Square Regional Center Plan District, for additional development standards. [2] Minimum side and rear setbacks are 0 feet, except the minimum side and rear setbacks are 20 feet where the site abuts a residential zone. [3] Minimum side and rear setbacks are 0 feet, except the minimum side and rear setbacks are 20 feet where the site abuts an R-1 through R-12 zone. [4] There are no maximum front and street side setbacks, except maximum front and street side setbacks are 10 feet where the site is located within the Tigard Triangle Plan District. See Map 18.660.A. [5] The net development area, as defined in Section 18.40.020.A, is used to establish the lot area for purposes of calculating the floor area ratio (FAR). Residential floor area in mixed-use developments is included in the floor area calculation to determine conformance with FAR. [6] Commercial Lodging uses are not subject to this requirement. Commercial Zone Development Standards 18.320-2 Code Update:4/20 B. Landscaping and screening. All required landscaping, including landscaping used to meet screening or tree canopy standards, is subject to the general provisions of Chapter 18.420, Landscaping and Screening. 1. The minimum landscape area standard is provided in Table 18.320.1. Landscaping standards are provided in Section 18.420.040. Any landscape area that meets the L-2 standard may count toward meeting the minimum area standard. 2. Screening standards are provided in Section 18.420.050. Screening is required as follows: a. Service areas and wall- and roof-mounted utilities must be screened to the S-1 standard. Service areas and utilities are also subject to the standards in Subsection 18.320.040.D. b. Nonresidential development that abuts a residential zone must be screened to the S-3 standard along all property lines, except street property lines. c. Surface vehicle parking areas, loading areas, drive aisles, and stacking lanes for drive-through services within 20 feet of a street property line must be screened to the S-4 standard. Screening must be provided directly adjacent to the street property line, except where access is taken. 3. The minimum tree canopy standards for the site and any off-street vehicle parking areas are provided in Section 18.420.060. C. Pedestrian access. 1. Paths must provide safe and convenient pedestrian access from public sidewalks abutting the site to all required building entrances on the site. A minimum of 1 path is required for every 200 linear feet of street frontage. 2. Paths must provide safe and convenient pedestrian access within the site between all buildings, uses, and areas designed for use by pedestrians. Paths within parking areas or along drive aisles are subject to additional standards in Subsection 18.410.040.B. 3. Paths must extend to the perimeter property line to provide access to existing or planned pedestrian facilities on adjacent properties, such as trails or public access easements, where practicable. 4. Paths must be constructed with a hard surface material and have a minimum unobstructed width of 5 feet. D. Utilities and service areas. 1. Private utility facilities, such as transformers or control valves, that serve a single development must be located below ground unless the functional properties of the facility require above- ground placement. If located above ground, all facilities 1 cubic foot or greater in volume or with any one dimension greater than 2 feet must meet the following standards where not wall- or roof- mounted or located inside a building: a. The facility may not be located within 20 feet of any street property line; and b. The facility must be dark in color and painted or wrapped with a non-reflective material. Commercial Zone Development Standards 18.320-3 Code Update:4/20 2. Service areas, such as waste and recycling containers, outdoor storage, and mechanical equipment, may not be located within 20 feet of any street property line, except where located inside a building. E. Lighting. 1. Minimum illumination levels are measured horizontally at ground level. a. The minimum average illumination is 1.5 footcandles for paths, except those within parking areas, which are subject to the lighting standards in Subsection 18.410.040.I. All points of measurement must be a minimum of 0.5 footcandles. b. The minimum average illumination is 3.5 footcandles for required building entrances and 2.0 footcandles for any non-required building entrances. All points of measurement must be a minimum of 1.0 footcandle. 2. Maximum illumination levels are measured vertically at the property line. The maximum illumination is 0.5 footcandles at side and rear property lines, except that the maximum illumination may be increased to 1.0 footcandle where the development abuts a commercial or industrial zone. 3. Lighting must be shielded, angled, or located such that it does not shine upwards or directly onto adjacent properties or sensitive lands. F. Nonresidential development is subject to all other applicable requirements of this title including but not limited to standards related to parking and loading, streets and utilities, sensitive lands, and signs. (Ord. 18-28 §1) 18.320.050 Design Standards A. Entrances. 1. A minimum of one entrance per building, or tenant space within a building without internal building access, must be visible and accessible from a public street. Additional entrances may face drive aisles,parking areas, or service areas. 2. A required building entrance must be at an angle that is no more than 45 degrees from the street that it faces. 3. A required building entrance must be covered,recessed, or treated with a permanent architectural feature that provides weather protection for pedestrians. The required weather protection must be at least as wide as the entrance, a maximum of 6 feet above the top of the entrance, and a minimum of 3 feet in depth. The required weather protection may project into the minimum front setback. B. Windows. Buildings or tenant spaces designed for first-story use by Eating and Drinking Establishments, Sales-Oriented Retail, Repair-Oriented Retail, Personal Services, and Office uses must include a minimum of 50 percent window area on all first-story street-facing facades. (Ord. 20- 01 §1; Ord. 18-28 §1) Commercial Zone Development Standards 18.320-4 Code Update:4/20 18.320.060 Additional Standards for C-N, C-C, and C-G Zones A. C-N and C-C zones. The following standards apply to development in the C-C and C-N zones in addition to all other applicable standards of this title. 1. Pedestrian access. a. Paths that provide access from public sidewalks to required building entrances must have a minimum unobstructed width of 8 feet. b. Path surfaces must be visually distinguished from drive aisle surfaces where paths cross drive aisles through the use of durable and low-maintenance materials such as pavers, bricks, or scored concrete. 2. Site design. a. Minimum and maximum building setbacks are met when at least 70 percent of the street- facing building facade is located within the setback area. b. Vehicle parking and loading areas must be located to the side or rear of primary buildings and not between primary buildings and the street property line. c. Vehicle parking and loading areas must be designed and located to minimize conflicts between vehicular and non-vehicular traffic. d. Loading areas must be designed and located to minimize adverse impacts on adjacent properties,particularly those in residential zones or with residential uses. e. Landscaping must be designed and located to emphasize the major points of access into the site and to help define and separate vehicular and non-vehicular circulation within parking areas. f. The following bicycle parking standards apply to the nonresidential component of a mixed- use or single-use development. Where a mixed-use development includes a residential component, the bicycle parking standards in Subsection 18.230.040.F apply to the residential component of the development. i. A minimum of 50 percent of required bicycle parking spaces must be located within 20 feet of the street property line and be visible to pedestrians from the public sidewalk in front of the site; ii. A minimum of 50 percent of required bicycle parking spaces must be covered where the site is located within 500 feet of an existing or planned trail; and iii. Bicycle parking may be located in the public right-of-way with approval of the City Engineer. g. Where the site is located on a street corner, the corner area must include a unique site or building design feature such as an angled or rounded building corner, prominent building entrance, permanent seating area, water feature, sculpture, or distinctive paving or landscaping. Commercial Zone Development Standards 18.320-5 Code Update:4/20 3. Building design. a. All street-facing facades must provide a minimum of 50 percent of window area on all first- story facades and a minimum of 30 percent of window area on all upper-story facades, except that residential uses on upper stories must provide a minimum of 15 percent of window area. b. All street-facing facades must include pedestrian-scale architectural design features such as awnings, window shadowing, accent siding, roof eaves, projecting cornices, horizontal belt courses, or enhanced entries that are appropriately scaled for the building size and location. Awnings may project into the public right-of-way with City Engineer approval provided they have a minimum vertical clearance of 8 feet from sidewalk grade and a minimum horizontal projection of 5 feet from building facade. c. All building facades, other than street-facing facades, that are visible from public parking areas and adjacent properties must provide visual interest and avoid large blank walls through the use of windows, doors, color, landscaping, or wall treatments. d. All accessory buildings, including structures required to screen utilities and service areas, and all site improvements, such as fences, walls, signs, and light fixtures, must use materials, colors, and architectural design features that are similar in scale and appearance to those on primary buildings. Chain link fencing and unfinished concrete blocks are prohibited. B. C-G zone within the Tigard Triangle. The following standards apply to development in the C-G zone within the Tigard Triangle. These standards apply in addition to all other applicable standards of this title and govern in the event of a conflict. See Chapter 18.660, Tigard Triangle Plan District, for additional transportation facility standards and Map 18.660.A for the location of the C-G zone within the Tigard Triangle. 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. All street-facing facades within the required setbacks must include windows on a minimum of 50 percent of the first-story facade area. First-story facade area is measured from 3 feet above grade to 9 feet above grade the entire length of each street-facing facade. 3. All street-facing facades that extend more than 50 feet must provide at least one of the following features: a. A change in surface or siding material, color,or pattern; b. A wall recession or projection that is a minimum of 6 feet in width and 2 feet in depth for the entire height of the facade; c. A projecting cornice or eave; or d. Other design features that reflect the building's structural system. 4. All street-facing facades that extend more than 300 feet must provide a pedestrian entry into the building or a breezeway between buildings. Commercial Zone Development Standards 18.320-6 Code Update:4/20 5. The area between the building facade and the street property line must be landscaped or include hardscape materials that increase the width of the adjacent public sidewalk through the use of pavers, bricks, or scored concrete. This area may count toward meeting the base zone landscape area standard. 6. Surface vehicle parking and loading areas must be located to the side or rear of primary buildings and not between primary buildings and the street property line. (Ord. 20-01 §1; Ord. 18-28 §1) 18.320.070 Additional Standards for Adult Entertainment Uses A. Adult Entertainment uses are prohibited within 500 feet of any: 1. Residential zone, 2. Public or private primary, elementary,junior,middle, or high school, 3. Day care or hospital, 4. Public library, 5. Public park,or 6. Religious institution. B. Hours of operation are limited to between 10 a.m. and 1 a.m. C. Windows less than 7 feet from the ground must be covered or screened such that sales areas and merchandise are not visible from public sidewalks. D. Doors and windows must be closed at all times except for normal ingress and egress. E. Any sound transmitted by any means that is audible outside the structure containing the use is prohibited. (Ord. 18-28 §1) ■ Commercial Zone Development Standards 18.320-7 Code Update:4/20 Chapter 18.330 INDUSTRIAL ZONE DEVELOPMENT STANDARDS Sections: 18.330.010 Purpose and Definition 18.330.020 Applicability 18.330.030 Application Type 18.330.040 Development Standards 18.330.010 Purpose and Definition A. Purpose. The purpose of this chapter is to provide standards for nonresidential development in industrial zones that promote quality development and enhance the livability, walkability, and safety of the community. B. Definition. Nonresidential development includes mixed-use and single-use developments that contain a civic, institutional,commercial, industrial, or other nonresidential use. (Ord. 18-28 §1) 18.330.020 Applicability A. The standards of this chapter apply to nonresidential development in the I-P, I-L, and I-H zones. B. Nonresidential development in the I-P zone within the Durham Advanced Wastewater Treatment Facility Plan District is subject to the standards of Chapter 18.630, Durham Advanced Wastewater Treatment Facility Plan District. (Ord. 19-09 §1; Ord. 18-28 §1) 18.330.030 Application Type Nonresidential development in industrial zones requires a site development review application, except where a conditional use or planned development application is required or proposed. (Ord. 19-09 §1; Ord. 18-28 §1) 18.330.040 Development Standards A. Base zone development standards are provided in Table 18.330.1. Table 18.330.1 Industrial Zone Development Standards for Nonresidential Development tandard I-P I-L I-H jim 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 Industrial Zone Development Standards 18.330-1 Code Update:4/20 Table 18.330.1 Industrial Zone Development Standards for Nonresidential Development Standard I-P I-L Maximum Lot Coverage 75% [2] 85% 85% Minimum Landscape Area 25% [2] 15% 15% [1] Minimum side and rear setbacks are 0 feet, except the minimum side and rear setbacks are 50 feet where the site abuts a residential zone. [2] Maximum lot coverage may be increased to 80 percent and minimum landscape area may be reduced to 20 percent through a site development review or modification approval where the standards in Subsection 18.330.040.D are met. B. Landscaping and screening. All required landscaping, including landscaping used to meet screening or tree canopy standards, is subject to the general provisions of Chapter 18.420, Landscaping and Screening. 1. The minimum landscape area standard is provided in Table 18.330.1. Landscaping standards are provided in Section 18.420.040. Any landscape area that meets the L-2 standard may count toward meeting the minimum area standard. 2. Screening standards are provided in Section 18.420.050. Screening is required as follows: a. Service areas and wall- and roof-mounted utilities must be screened to the S-1 standard. Service areas and utilities are also subject to the standards in Subsection 18.330.040.C. b. Nonresidential development that abuts a nonindustrial zone must be screened to the S-3 standard along all property lines, except street property lines. c. Surface vehicle parking areas, loading areas, drive aisles,and stacking lanes for drive-through services within 20 feet of a street property line must be screened to the S-4 standard. Screening must be provided directly adjacent to the street property line, except where access is taken. 3. The minimum tree canopy standards for the site and any off-street vehicle parking areas are provided in Section 18.420.060. C. Utilities and service areas. 1. Private utility facilities, such as transformers or control valves, that serve a single development must be located below ground unless the functional properties of the facility require above- ground placement. If located above ground, all facilities 1 cubic foot or greater in volume, or with any one dimension greater than 2 feet, must meet the following standards where not wall-or roof- mounted or located inside a building: a. The facility may not be located within 20 feet of any street property line; and b. The facility must be dark in color and painted or wrapped with a non-reflective material. Industrial Zone Development Standards 18.330-2 Code Update:4/20 2. Service areas, such as waste and recycling containers, outdoor storage, and mechanical equipment, may not be located within 20 feet of any street property line, except where located inside a building. D. Lot coverage increase. The following standards apply to all nonresidential development in the I-P zone that propose to increase maximum lot coverage to 80 percent and reduce minimum landscape area to 20 percent: 1. Street trees must be a minimum caliper of 3 inches at planting; 2. Landscape area between a parking lot and street property line must be a minimum depth of 10 feet; and 3. The applicant must provide documentation of an adequate on-going maintenance program to ensure appropriate irrigation and maintenance of the landscape area. E. Pedestrian access. 1. Paths must provide safe and convenient pedestrian access from public sidewalks abutting the site to all required building entrances on the site. A minimum of 1 path is required for every 200 linear feet of street frontage. 2. Paths must provide safe and convenient pedestrian access within the site between all buildings, uses, and areas designed for use by pedestrians. Paths within parking areas or along drive aisles are subject to additional standards in Subsection 18.410.040.B. 3. Paths must extend to the perimeter property line to provide access to existing or planned pedestrian facilities on adjacent properties, such as trails or public access easements, where practicable. 4. Paths must be constructed with a hard surface material and have a minimum unobstructed width of 5 feet. (Ord. 20-01 §1; Ord. 19-09 §1; Ord. 18-28 §1) ■ Industrial Zone Development Standards 18.330-3 Code Update:4/20 Chapter 18.350 RESIDENTIAL ZONE DEVELOPMENT STANDARDS Sections: 18.350.010 Purpose and Definition 18.350.020 Applicability 18.350.030 Application Type 18.350.040 Development Standards 18.350.050 Design Standards 18.350.010 Purpose and Definition A. Purpose. The purpose of this chapter is to provide standards for nonresidential development in residential zones that promote quality development compatible with surrounding residential uses and to enhance the livability,walkability, and safety of the community. B. Definition. Nonresidential development includes mixed-use developments with or without a residential component and single-use developments that contain a civic, institutional, commercial, industrial, or other nonresidential use. (Ord. 19-09 §1) 18.350.020 Applicability A. Applicability. The approval process and standards of this chapter apply to nonresidential development in residential zones. B. Exemptions. Development for the following uses is exempt from the standards of this chapter, except where it includes any building over 1,000 square feet in floor area: 1. Basic Utilities, 2. Major Event Entertainment, 3. Non-accessory Parking, 4. Cemeteries, and 5. Transportation/Utility Corridors. (Ord. 19-09 §1) 18.350.030 Application Type Nonresidential development in residential zones requires a site development review application, except where a conditional use or planned development application is required or proposed. (Ord. 19-09 §1) 18.350.040 Development Standards A. Setbacks. 1. The minimum setback from any street property line is 15 feet. 2. The minimum setback from side and rear property lines is 20 feet. Residential Zone Development Standards 18.350-1 Code Update:4/20 B. Height. The maximum height is 45 feet. C. Lot coverage. The maximum lot coverage is 85 percent. D. Landscaping and screening. All required landscaping, including landscaping used to meet screening or tree canopy standards, is subject to the general provisions of Chapter 18.420, Landscaping and Screening. 1. A minimum of 15 percent of the site must be landscaped. Landscaping standards are provided in Section 18.420.040. Any landscape area that meets the L-2 standard may count toward meeting the minimum area standard. 2. Screening standards are provided in Section 18.420.050. Screening is required as follows: a. Service areas and wall- and roof-mounted utilities must be screened to the S-1 standard. Service areas and utilities are also subject to the standards in Subsection 18.350.040.F. b. Surface vehicle parking areas, loading areas, and drive aisles within 25 feet of a street property line must be screened to the S-4 standard. Screening must be provided directly adjacent to the area to be screened,except where access is taken. 3. The minimum tree canopy standards for the site and any off-street vehicle parking areas are provided in Section 18.420.060. E. Pedestrian access. 1. Paths must provide safe and convenient pedestrian access from public sidewalks abutting the site to all required building entrances on the site. A minimum of 1 path is required for every 200 linear feet of street frontage, except where the use is not intended to receive the public on a regular basis. Paths must be constructed with a hard surface material and have a minimum unobstructed width of 8 feet to meet this standard. 2. Paths must provide safe and convenient pedestrian access within the site between all buildings, uses, and areas designed for use by pedestrians. Paths within parking areas or along drive aisles are subject to additional standards in Subsection 18.410.040.B. Paths must be constructed with a hard surface material and have a minimum unobstructed width of 5 feet to meet this standard. 3. Paths must extend to the perimeter property line to provide access to existing or planned pedestrian facilities on adjacent properties, such as trails or public access easements, where practicable. Paths must be constructed with a hard surface material and have a minimum unobstructed width of 8 feet to meet this standard. F. Utilities and service areas. All utilities and service areas must comply with the standards of Subsection 18.320.040.D. G. Lighting. Lighting must be provided in compliance with the standards of Subsection 18.320.040.E. H. Parking. In addition to the standards of Chapter 18.410, Off-Street Parking and Loading, the following standards apply: Residential Zone Development Standards 18.350-2 Code Update:4/20 1. Vehicle parking and loading areas may not be located closer to a street property line than a required entrance facing that street property line; 2. Vehicle parking and loading areas must be designed and located to minimize conflicts between vehicular and non-vehicular traffic; 3. Loading and service areas must be designed and located to minimize adverse impacts on adjacent properties; 4. A minimum of 50 percent of required bicycle parking spaces must be located within 25 feet of the street property line and be visible to pedestrians from the public sidewalk in front of the site; and 5. A minimum of 50 percent of required bicycle parking spaces must be covered. I. Fences and walls. 1. The standards of Section 18.210.020 apply to all fences and walls, and 2. Chain link fencing and unfinished concrete blocks with any one dimension equal to or greater than 15 inches are prohibited within 25 feet of any street property line. J. Other Standards. Nonresidential development is subject to all other applicable requirements of this title including but not limited to standards related to streets and utilities, sensitive lands, and signs. (Ord. 19-09 §1) 18.350.050 Design Standards A. Entrances. Entrances must be provided in compliance with the standards of Subsection 18.320.050.A, and must be located within 25 feet of a street property line. B. Windows. All street-facing facades must provide a minimum of 25 percent of window area. C. Facade design. All street-facing facades must include at least 3 architectural features from the list below on the entirety of the facade. Different features may be used on different facades of the same building. 1. Facade articulation. A wall projection or recession that is a minimum of 6 feet in width and 2 feet in depth for a minimum of half the height of the facade and with a maximum distance of 40 feet between projections or recessions. 2. Roof eave or projecting cornice. a. An eave that projects a minimum of 12 inches from the building facade; or b. A cornice that projects a minimum of 6 inches from the building facade and is a minimum of 12 inches in height. Residential Zone Development Standards 18.350-3 Code Update:4/20 3. Roof offsets. A roof offset that is a minimum of 2 feet from the top surface of one roof to the top surface of another roof as measured horizontally or vertically with a maximum distance of 40 feet between offsets. 4. Accent siding. A minimum of 2 different siding materials are used, and one siding material covers a minimum of 40 percent of the building facade. 5. Distinct base and top. The first story is visually distinguished from the upper stories by including a belt course and at least one of the following: a. A change in surface or siding pattern; b. A change in surface or siding material; or c. A change in the size or orientation of windows. 6. Window shadowing. All windows include at least one of the following: a. Window trim that is a minimum of 2.5 inches in width and 0.625 inches in depth; or b. Windows that are recessed a minimum of 3 inches from the building facade. 7. Enhanced entrances or awnings. a. All entrances other than emergency egress are covered with a permanent architectural feature that provides weather protection and is at least as wide as the entry, a maximum of 6 feet above the top of the entry, and a minimum of 5 feet in depth; or b. A permanent architectural feature is provided above all first-story windows, such as an awning or series of awnings, that are at least as wide as each window, a maximum of 6 feet above the top of each window, and a minimum of 3 feet in depth. D. Materials. 1. The following materials are prohibited as exterior finish materials: a. Vinyl PVC siding, b. T-111 plywood, c. Exterior insulation finishing(EIFS), d. Corrugated metal, e. Plain concrete or concrete block, f. Spandrel glass,or g. Sheet pressboard. Residential Zone Development Standards 18.350-4 Code Update:4/20 2. Foundation material may be plain concrete or plain concrete block where the foundation material is not revealed for more than 2 feet above grade at any point. (Ord. 20-01 §1; Ord. 19-09 §1) ■ Residential Zone Development Standards 18.350-5 Code Update:4/20 Chapter 18.410 OFF-STREET PARKING AND LOADING Sections: 18.410.010 Purpose 18.410.020 Applicability 18.410.030 General Provisions 18.410.040 General Design Standards 18.410.050 Bicycle Parking Design Standards 18.410.060 Parking Structure Design Standards 18.410.070 Vehicle Parking Quantity Standards 18.410.080 Loading Standards 18.410.090 On-Street Parking Credit 18.410.010 Purpose The purpose of this chapter is to ensure the provision of vehicle parking areas that: A. Have adequate capacity, B. Are appropriately located in close proximity to the various uses for residents, customers, and employees, and C. Maintain the traffic-carrying capacity of nearby streets to minimize hazardous conditions. (Ord. 18-23 §2; Ord. 17-22 §2) 18.410.020 Applicability The provisions of this chapter apply to all new development and all modifications to existing development, including changes of use,unless stated otherwise. (Ord. 18-23 §2; Ord. 17-22 §2) 18.410.030 General Provisions A. Location. Required off-street parking must be located on the same lot as the use it serves, except where an on-street credit has been granted through the provisions of Section 18.410.090. B. Maintenance. All parking areas must be kept clean and in good repair at all times. C. Exclusive use. Except for shared parking agreements approved through a land use application, required off-street parking must not be rented, leased, or assigned to any other person or organization. D. Mixed-use and multi-tenant developments. In mixed-use and multi-tenant developments, the required minimum vehicle parking is determined using the following formula: 1. The use category with the largest proportion of total floor area within the development must provide 100 percent of the minimum vehicle parking required for that use category in Section 18.410.070; 2. The use category with the second largest proportion of total floor area within the development must provide 85 percent of the minimum vehicle parking required for that use category in Section Off-Street Parking and Loading 18.410-1 Code Update:4/20 18.410.070; 3. The use category with the third largest proportion of total floor area within the development must provide 70 percent of the minimum vehicle parking required for that use category in Section 18.410.070; 4. All other use categories must provide 60 percent of the minimum vehicle parking required for each of those use categories in Section 18.410.070. E. Shared parking. The parking requirements of this chapter may be met through a shared parking agreement, subject to the following: 1. The applicant must demonstrate that the sites participating in the shared parking agreement provide sufficient and appropriately located parking for all uses on the sites during all periods of operation; 2. The applicant must provide satisfactory legal evidence in the form of deeds, leases, or contracts to establish the shared parking agreement; and 3. If a shared parking agreement is terminated, the requirements of this title thereafter apply to each use, structure,or lot separately. F. Accessible parking. All parking areas must include the required number of accessible parking spaces as specified by the state building code and federal standards. Such parking spaces must be sized, signed, and marked as required by these regulations and in compliance with ORS 447. G. Fleet parking. Required vehicle parking spaces may not be used for storage of fleet vehicles, except when a use can show that employee and fleet parking spaces are used interchangeably; for example, the employee drives the fleet vehicle from home, or the spaces are used for fleet storage only at night and are available for employee use during the day. For the purposes of this title, space exclusively devoted to the storage of fleet vehicles will be considered as outdoor storage. (Ord. 18-28 §1; Ord. 18-23 §2; Ord. 17-22 §2) 18.410.040 General Design Standards A. Vehicular access. Vehicular access to off-street parking or loading areas must meet the requirements of Chapter 18.920,Access,Egress, and Circulation and Chapter 18.930,Vision Clearance Areas. B. Pedestrian access. Paths that cross access driveways or parking areas are subject to the following: 1. Paths must be physically separated from motor vehicle traffic and parking by either a minimum 6-inch vertical separation (curbed) or a minimum 3-foot horizontal separation, except that pedestrian crossings of traffic aisles are allowed for distances no greater than 36 feet if appropriate landscaping,pavement markings,or contrasting pavement materials are used; 2. Paths must be a minimum of 4 feet in width, exclusive of vehicle overhangs and obstructions such as mailboxes,benches,bicycle racks, and sign posts; and 3. Paths must be in compliance with applicable federal and state accessibility standards. Off-Street Parking and Loading 18.410-2 Code Update:4/20 C. Loading and unloading driveways. Passenger loading and unloading areas must be designed such that vehicle stacking does not impact any public right-of-way. D. Drive-through facilities. 1. All uses with drive-through facilities must provide an on-site stacking lane for inbound vehicles as provided in Table 18.410.1. Table 18.410.1 Stacking Lane Requirements Use Banks 150 feet/service terminal Automated teller machines 50 feet/automated teller machine Cleaners,repair services 50 feet Restaurants 200 feet Drive-in theaters 200 feet Fueling stations 75 feet between curb cut and nearest fueling kiosk Car washes 75 feet/washing unit Parking facilities: -With automatic ticket dispensing 50 feet/entry driveway -With staffed ticket dispensing 100 feet/entry driveway -With valet or attendant parking 100 feet 2. Stacking lanes must be designed so that they do not interfere with parking areas or with vehicle, pedestrian, and bicycle circulation. Restaurants with drive-through facilities must provide at least 1 clearly marked parking space per service window for the use of vehicles waiting for an order to be filled. E. Surfacing. Off-street parking areas must be paved with an asphalt, concrete, or pervious paving surface,with the following exceptions: 1. Off-street parking areas associated with a temporary use application, as provided in Chapter 18.440, Temporary Uses, provided the approval authority determines that unpaved parking will not create adverse conditions. 2. Off-street overflow parking areas in the Parks and Recreation zone. F. Striping. 1. Except for parking required for single detached houses and accessory dwelling units, and individual spaces for rowhouses, all off-street parking spaces must be clearly and separately identified with pavement markings or contrasting paving materials; and 2. All interior drives and access aisles must be clearly marked and signed to show direction of flow. Off-Street Parking and Loading 18.410-3 Code Update:4/20 G. Wheel stops. Parking bumpers or wheel stops a minimum of 4 inches in height must be provided a minimum of 3 feet from the front of parking spaces wherever vehicles can encroach on a right-of-way or pedestrian path. Curbing may substitute for wheel stops if vehicles will not encroach into the minimum required width for landscape or pedestrian paths. H. Lighting. Lighting in parking areas must meet the following standards: 1. Parking areas must include lighting sufficient to illuminate all pedestrian paths and bicycle parking areas to a minimum level of 0.5 footcandles at all points, measured horizontally at the ground level. 2. Lighting luminaires must have a cutoff angle of 90 degrees or greater to ensure that lighting is directed toward the parking surface. 3. Parking area lighting may not cause a light trespass of more than 0.5 footcandles measured vertically at the boundaries of the site. I. Space and aisle dimensions. The minimum dimensional standards for surface parking spaces and drive aisles are provided in Figure 18.410.1 and Table 18.410.2. Figure 18.410.1 Parking Dimension Factors Parking an le(A) /Stall width(B Aisle(D) N `Stall depth Parkin perpendicular space or t\ie(E)\ stall Curb length(C) Table 18.410.2 Minimum Parking Space and Aisle Dimensions Angle(A) Stall Width Curb 1 Way Aisle 2 Way Aisle Stall Depth(E) B Length(C) A idth(D) Width(D) 0° (Parallel) 8 ft. 22 ft. 6 in. 12 ft. 20 ft. 8 ft. 30° 8 ft. 6 in. 17 ft. 12 ft. 20 ft. 15 ft. 45° 8 ft. 6 in. 12 ft. 12 ft. 20 ft. 17 ft. 60° 8 ft. 6 in. 9 ft. 9 in. 16 ft. 20 ft. 17 ft. 6 in. 90° 8 ft. 6 in. 8 ft. 6 in. 20 ft. 20 ft. 16 ft. Off-Street Parking and Loading 18.410-4 Code Update:4/20 (Ord. 18-28 §1; Ord. 18-23 §2; Ord. 17-22 §2) 18.410.050 Bicycle Parking Design Standards A. Location. 1. Required bicycle parking must be located within 50 feet of a required or main entrance of a primary building; and 2. Required bicycle parking for nonresidential development must be covered and located within 100 feet of a required or main entrance of a primary building on the site if any required vehicle parking spaces are provided in a structure. B. Design. 1. Bicycle racks must be designed to allow a bicycle frame to lock to it at 2 points of contact, except that spiral racks and wave racks with more than one loop are prohibited; 2. Bicycle racks must be securely anchored to the ground,wall, or other structure; 3. Bicycle parking spaces must be at least 2.5 feet in width and 6 feet in length and have an access aisle between each row of spaces that is at least 5 feet in width. Covered bicycle parking must provide a vertical clearance of 7 feet; and 4. Bicycle parking spaces must be paved with a dust-free hard surface material. C. Quantity. The total number of required bicycle parking spaces for each use is provided in Table 18.410.3. If the minimum bicycle parking requirement as calculated in Table 18.410.3 is less than two spaces,then the minimum number of spaces is two. Single detached houses, accessory dwelling units, cottage clusters, courtyard units, quads, and rowhouses are exempt from minimum bicycle parking standards. (Ord. 19-09 §1; Ord. 18-28 §1; Ord. 18-23 §2; Ord. 17-22 §2) 18.410.060 Parking Structure Design Standards A. First-story windows and wall openings. All street-facing facades must include windows, doors, or display areas on a minimum of 20 percent of the first-story facade area excluding those portions of the facade devoted to vehicular access, stairwells, elevators, and centralized payment booths. Required windows must have a sill no more than 4 feet above grade. Where the interior floor level prohibits such placement, the sill may be raised to allow it to be no more than 2 feet above finished floor wall up to a maximum sill height of 6 feet above grade. B. Exit warning bell. A warning bell or other signal must be provided for exits from parking structures that cross public sidewalks where a standard vision clearance area cannot be provided. C. Parking layout and internal circulation. The required space and aisle dimensions within a parking structure are provided in Figure 18.410.1 and Table 18.410.2. (Ord. 20-01 §1; Ord. 18-23 §2; Ord. 17-22 §2) Off-Street Parking and Loading 18.410-5 Code Update:4/20 18.410.070 Vehicle Parking Quantity Standards A. Off-street parking requirements. The ratios for providing minimum and maximum vehicle parking spaces are provided in Table 18.410.3. If application of the maximum parking standard results in less than 6 parking spaces for a development with less than 1,000 square feet of floor area, the development is allowed up to 6 parking spaces. If application of the maximum parking standard results in less than 10 vehicle parking spaces for a development between 1,000 and 2,000 square feet, the development is allowed up to 10 vehicle parking spaces. B. Choice of parking requirements. When a development is approved with no specified use, the use category for determining the minimum and maximum parking requirements is the use category that requires the greatest number of parking spaces, chosen from all uses that could be contained within the building type. C. Measurements. The following measurements are used in calculating the total minimum number of vehicle parking spaces required as provided in Table 18.410.3: 1. Fractions. Fractional space requirements are counted as a whole space. 2. Employees. Where employees are specified for the purpose of determining the minimum vehicle parking spaces required, the employees counted are those who work on the premises during the largest shift at the peak season. 3. Students. When students are specified for the purpose of determining the minimum vehicle parking spaces required, the students counted are those who are on the campus during the peak period of the day during a typical school term. 4. Space. Square footage is floor area, excluding only space devoted to covered off-street parking or loading. D. Exceptions to maximum parking standards. The following types of parking are not included when calculating the maximum vehicle parking allowed as provided in Table 18.410.3: 1. Parking spaces contained in a parking structure; 2. Market-rate paid parking spaces; 3. Designated carpool or vanpool spaces; 4. Designated accessible parking spaces; 5. Fleet vehicle storage; and 6. Vehicle storage spaces for sale, lease, or rent. E. Parking requirements for unlisted uses. If a use is not listed, a use determination may be requested as provided in Section 18.60.030. (Ord. 18-28 §1; Ord. 18-23 §2; Ord. 17-22 §2) Off-Street Parking and Loading 18.410-6 Code Update:4/20 18.410.080 Loading Standards All off-street loading spaces must have sufficient area for turning and maneuvering of vehicles on site. At a minimum, the maneuvering length may not be less than twice the overall length of the longest vehicle using the site. (Ord. 18-28 §1; Ord. 18-23 §2; Ord. 17-22 §2) 18.410.090 On-Street Parking Credit A. Applicability. The following uses may partially or fully meet off-street parking requirements using the on-street parking standards of this section: 1. Residential uses in the R-3.5,R-4.5,R-7, and R-12 zones; and 2. Religious Institutions. B. Credit. Each on-street parking space may substitute for one required off-street parking space. C. Standards. An on-street parking space utilized for this credit must meet the following standards: 1. On-street parking must be allowed on the side of the street where the space is to be provided. 2. The space must be a minimum of 24 feet long; 3. The space must be located along an improved and curbed right-of-way; 4. The space must be located adjacent to the subject site; 5. The space must not extend into the required vision clearance area as defined in Chapter 18.930, Vision Clearance Areas, and must not violate any other applicable street standard as determined by the City Engineer; and 6. If the use is a Religious Institution, local residential streets may not be utilized for on-street parking credit. D. No exclusive use. On-street parking spaces credited for a specific development or use may not be used exclusively by that development or use but must be available for the general public. Signs or actions limiting general public use of on-street spaces are prohibited. Off-Street Parking and Loading 18.410-7 Code Update:4/20 0 ,t. .'a C w CU w a; a) N ct CA `r? 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I--I Z H u u O 0 Chapter 18.435 SIGNS Sections: 18.435.010 Purpose 18.435.012 Effective Date of this Chapter 18.435.015 Definitions 18.435.020 Permits 18.435.030 Approval Process 18.435.040 Approval Period 18.435.050 Inspections 18.435.060 Permit Exempt Signs 18.435.070 Prohibited Signs 18.435.080 Sign Illumination 18.435.085 Sign Measurement 18.435.090 Special Condition Signs 18.435.100 Temporary Signs 18.435.110 Nonconforming Signs 18.435.120 Removal of Nonconforming or Abandoned Signs 18.435.130 Base Zone Regulations 18.435.010 Purpose A. Purpose. The purpose of this chapter is: 1. To protect the health, safety,property, and welfare of the public; 2. To promote the neat,clean,orderly, and attractive appearance of the community; 3. To accommodate the need of sign users while avoiding nuisances to nearby properties; 4. To ensure for safe construction, location, erection, and maintenance of signs; 5. To prevent proliferation of signs and sign clutter; 6. To minimize distractions for motorists on public highways and streets; 7. To regulate solely on the basis of time,place, and manner of a sign,not on its content; and 8. To regulate the design, quality of materials, construction, location, electrification, illumination, and maintenance of all signs visible from public property or from public rights-of-way. B. Compliance with other laws and regulations. It is not the purpose of this chapter to permit the erection or maintenance of any sign at any place or in any manner unlawful under any other ordinance, or state or federal law. (Ord. 17-25 §3; Ord. 17-22 §2) 18.435.012 Effective Date of this Chapter All references made in this chapter to the effective date of this chapter mean November 9, 1983, unless otherwise specifically stated in an ordinance revision. (Ord. 18-23 §2; Ord. 17-22 §2) Signs 18.435-1 Code Update:4/20 18.435.015 Definitions A. Definitions. These definitions are specific to this chapter and are in addition to Chapter 18.30, Definitions. 1. "A-frame sign"- See"Temporary sign." 2. "Abandoned sign" - A structure not containing a message or image for 90 continuous days or a sign not in use for 90 continuous days. 3. "Area"- See Section 18.435.085 for definition of sign area. 4. "Awning sign"-A sign incorporated into or attached to an awning. 5. "Balloon"- See"Temporary sign." 6. "Banner"- See"Temporary sign." 7. "Bench sign"-A bench designed to seat people with a sign painted or affixed on the surface. 8. "Billboard"-A sign of at least 500 square feet on which space is leased or rented. 9. "Building face" - All street-facing wall areas in one or more parallel planes, including windows and building projections. 10. "Cultural institution auxiliary sign" - A sign placed and maintained by, or on behalf of, a subordinate commercial use in a cultural institution. 11. "Cutout" -Letters, figures, characters, or representations in cutout or irregular form attached to or superimposed upon a sign. 12. "Directional sign" - A permanent sign designed and erected solely for the purpose of traffic or pedestrian direction. 13. "Display surface" - The area made available by the sign structure for the purpose of displaying the message or image. 14. "Electronic information sign" - A sign with lighted changeable copy or message that changes at set intervals, each lasting more than two seconds, by electronic process or remote control. This type of sign is also known as an automatic changeable copy sign or electronic variable message center. An electronic information sign is not a reader-board sign or a rotating, revolving or moving sign. 15. "Entryway sign"-A sign placed by or on behalf of the city at an entry to the city. 16. "Flag"-A sign made of nonrigid material with no rigid internal or enclosing framework, attached to a pole along a single straight side of the sign such that the sign remains unattached along the remaining sides and can move in the wind. Flags are not considered rotating, revolving, or moving signs for the purposes of this chapter. 17. "Flashing sign" - Any sign that is illuminated by an intermittent or sequential flashing light source with an interval cycle that is two seconds or less in duration or is animated in any way so Signs 18.435-2 Code Update:4/20 as to create the illusion of movement without actual physical movement or the illusion of a flashing or intermittent light or light source. 18. "Flush pitched roof sign" -A type of wall sign attached to a mansard or similar type of vertically aligned roof. 19. "Freestanding sign" - A sign erected and mounted on a freestanding frame, mast, or pole and not attached to any building. 20. "Freeway interchange" - Any intersection of an exit off-ramp of Interstate Highway 5 or State Highway 217 with a city street. 21. "Freeway-oriented sign" - A sign primarily designed to be read by a motorist traveling on a highway designated by the Oregon State Highway Department as a freeway or expressway. Interstate 5 and Oregon State Highway 217 are freeways, and Highway 99W is not a freeway. 22. "Immediate or serious danger"- a. Whenever any portion of the structure is damaged by fire, earthquake, wind, flood or other cause, and any member or appurtenance is likely to fail, become detached or dislodged, or to collapse and thereby injure persons or damage property; b. Whenever any portion of the structure is not of sufficient strength or stability or is not so anchored, attached, or fastened in place as to be capable of resisting a wind pressure of 0.5 of that specified in the state building code for this type structure or similar structure,and will not exceed the working stresses allowed in the state building code for such structures; or c. Whenever the location of the sign structure obstructs the view of motorists traveling on the public streets or private property, and thus causes damage to property or thereby injures persons. 23. "Industrial park" - A development in an industrial zone that includes two or more industrial or commercial uses on a campus. 24. "Lawn sign"- See"Temporary sign." 25. "Lighting methods" - a. Direct lighting is where the light source is plainly visible on the sign face and not concealed within or separate from the sign. Examples include neon tube lighting and light-emitting diodes on an electronic information sign; b. Indirect or external lighting is where the light source is separate from the sign face or cabinet and is designed to shine on the sign; and c. Internal lighting is where the light source is concealed within the sign face or cabinet and is designed to illuminate the sign from within. 26. "Maintenance" -Normal care needed to keep a sign functional such as cleaning, oiling, changing and repair of light bulbs and sign faces. Does not include structural alteration. Signs 18.435-3 Code Update:4/20 27. "Nonconforming sign" - A sign or sign structure lawfully erected and properly maintained that would not be allowed under the sign regulations presently applicable to the site. 28. "Non-structural trim"- The moldings,battens, caps,nailing strips, latticing, letters, and walkways that are attached to a sign structure. 29. "Painted wall decorations" - Displays painted directly on a wall, designed and intended as a decorative or ornamental feature. Decorations may also include lighting. 30. "Painted wall highlights" - Painted areas that highlight a building's architectural or structural features. 31. "Painted wall sign"-A sign applied to a building wall with paint that has no sign structure. 32. "Premises" - One or more lots on which buildings or site improvements may exist that are designed as a unit. 33. "Projecting sign" - A sign, or any portion of a sign, attached to a building that is not parallel to the building face or that projects more than 18 inches from the wall plane of the building face. A projecting sign may be attached to a wall or a building projection, such as a marquee,balcony, or awning; however, the amount of the projection is measured from the wall plane in all cases and not the building projection to which the sign may be attached. A projecting sign may not extend above the building face to which it is attached, except where there is an existing parapet. 34. "Reader-board sign" - A sign with changeable copy or message that is changed manually, not electronically. A reader-board sign is not an electronic information sign. 35. "Roof line" - The top edge of a roof or building parapet, whichever is higher, excluding any cupolas,chimneys,or other minor projections. 36. "Roof sign" - A sign erected fully upon or directly above a roof line or parapet of a building or structure. 37. "Rotating, revolving, or moving sign" - Any sign or portion of a sign that moves in any manner including,but not limited to,movement caused by wind,machines, or persons. 38. "Shopping center"-A development of not less than eight business units. 39. "Shopping plaza"-A development of between two and seven business units. 40. "Sign" - Materials placed or constructed primarily to convey a message with symbols, logos, letters, or other displays that can be viewed from the public right-of-way, another property, or the air. 41. "Sign projection"-The distance by which a sign extends from a building. 42. "Sign structure" -Any structure that supports or is capable of supporting any sign as described in the state building code. A sign structure may be a single pole and may or may not be an integral part of a building. Sign structures are not buildings. Signs 18.435-4 Code Update:4/20 43. "Structural alteration" - Modification of the size, shape, or height of a sign structure. Also includes replacement of sign structure materials with other than comparable materials, for example metal parts replacing wood parts. 44. "Temporary sign" - Any sign that is not permanently erected or affixed to the ground or any structure or building: a. A balloon sign is an inflatable, stationary sign anchored by some means to a structure or the ground. Examples include simple children's balloons, hot and cold air balloons, blimps and other dirigibles; b. A banner is a sign made of fabric or other nonrigid material with no enclosing framework; c. A lawn sign is a rigid sign supported by one or more sticks, posts, or rods inserted into the ground or a weighted base; or d. An A-frame sign is a freestanding sign with two possible sign faces supported by a rigid frame in the shape of an"A." 45. "Wall sign" - A sign attached to or painted on the wall plane of a building face with the exposed face of the sign in a plane parallel to the building face and that projects 18 inches or less from the wall plane of the building face. 46. "Window sign" - A sign placed on the inside of a window. A sign placed on the outside of a window is considered a wall sign. (Ord. 19-09 §1; Ord. 18-23 §2; Ord. 17-25 §3; Ord. 17-22 §2) 18.435.020 Permits A. Compliance required. All signs or sign structures erected,re-erected, constructed, structurally altered, or relocated within the city limits must comply with the standards and provisions of this chapter. B. Sign permits. 1. All permanent signs require a sign permit, except those that are exempted by Section 18.435.060. All temporary signs require a temporary sign permit as provided by Section 18.435.100, except those that are exempted by Section 18.435.060. A-frame signs allowed by Paragraph 18.435.130.G.6 are treated as permanent signs for permitting purposes. 2. Each sign or group of signs on a single supporting structure, including sign alterations not exempted by Section 18.435.060,require a separate sign permit. C. Retroactive sign permits. The Director may require an application for sign permits for all signage at a given address if no existing permits previously had been approved or documented. D. Encroachment permits. In addition to any required sign permits, Chapter 15.16 of the Tigard Municipal Code requires an encroachment permit for any sign allowed in the public right-of-way by this chapter. (Ord. 18-28 §1; Ord. 18-23 §2; Ord. 17-25 §3; Ord. 17-22 §2) 18.435.030 Approval Process Approval process. Sign permit applications are processed through a Type I procedure, as provided in Section 18.710.050. The approval authority will approve or approve with conditions a sign application Signs 18.435-5 Code Update:4/20 when the applicable standards of this chapter and the sign standards of any applicable plan district are met. (Ord. 19-09 §1; Ord. 18-23 §2; Ord. 17-25 §3; Ord. 17-22 §2) 18.435.040 Approval Period A. Approval period. Sign permit approvals are effective for a period of 90 days from the date of approval. B. Expiration. A sign permit approval expires if: 1. Substantial construction of the approved sign has not begun within the 90-day period; or 2. Construction on the site is a departure from the approved permit. C. Extension of approval. The approval authority will, upon written request by the applicant, grant an extension of the approval period not to exceed 90 days provided that: 1. No changes are proposed to the original approved sign permit; 2. The applicant can show intent of initiating construction of the sign within the 90-day extension period; and 3. There have been no changes in the applicable policies and ordinance provisions and state building code provisions on which the approval was based. (Ord. 18-23 §2; Ord. 17-25 §3; Ord. 17-22 §2) 18.435.050 Inspections The Director is authorized to enforce all of the provisions of this chapter. All signs for which permits are required may be inspected by the Director;upon presentation of proper credentials,the Director may enter at reasonable times any building, structure, or premises in the city to perform any duty imposed upon the position by this chapter. (Ord. 18-23 §2; Ord. 17-25 §3; Ord. 17-22 §2) 18.435.060 Permit Exempt Signs A. Exemptions from permit requirements. The following signs and operations do not require a sign permit but must comply with all other applicable regulations of this chapter and Subsection 18.435.060.B: 1. Lawn and A-frame signs in residential zones,with the following restrictions: a. Multiple lawn and A-frame signs are allowed per premises and must be spaced at least 50 feet apart. b. The total maximum sign area for lawn signs in the R-1, R-2, R-3.5, R-4.5, and R-7 zones is 12 square feet per sign face and 24 square feet for all sign faces per premises. The total maximum sign area for lawn signs in all other residential zones is 24 square feet for all sign faces per premises. c. The total maximum sign area for A-frame signs in all residential zones is 6 square feet per sign face and 12 square feet for all sign faces. A-frame signs may be displayed only between the hours of 8 a.m. and 6 p.m. Signs 18.435-6 Code Update:4/20 d. Lawn and A-frame signs in residential zones are allowed only on private property and not within the public right-of-way or the clear vision area as provided in Chapter 18.930, Vision Clearance Areas. 2. Signs not oriented or intended to be legible from a right-of-way,other property, or the air; 3. Signs inside a building, except for flashing signs visible from a right-of-way, other property, or the air; 4. Painted wall decorations; 5. Painted wall highlights; 6. Window signs; 7. Directional signs on private property or directional signs in the public right-of-way that are legally erected by or on behalf of a government agency or road authority; 8. Flags in nonresidential zones up to a maximum area of 40 square feet per flag, and 120 square feet per site, displayed from permanent freestanding or wall-mounted flagpoles that are designed to allow the flags to be raised and lowered; 9. Flags in residential zones with a maximum area of 15 square feet per site, displayed from temporary freestanding or wall-mounted flagpoles; 10. Sign repair, maintenance, or change of copy or message that does not involve a change of sign size,height,type, or location; 11. Signs affected by stipulated judgments to which the city is a party that is entered by courts of competent jurisdiction; and 12. Banner signs in the right-of-way in the MU-CBD zone,with the following restrictions: a. The maximum sign area is 140 square feet per sign face, and b. The maximum length of display is 60 continuous days. B. Requirements for exempted signs. All signs exempted from sign permits in Subsection 18.435.060.A must be placed on private property, and only with the consent of the property owner, except where expressly allowed on utility poles or in the public right-of-way. C. Legally required signs. Nothing in this title prevents the erection, location, or construction of signs on private property where such erection, location, or construction is required by any law or ordinance. Nor is any public agency or utility prohibited from erecting signs on private property when otherwise authorized. No sign permit or fee is required for such signs. (Ord. 19-09 §1; Ord. 18-28 §1; Ord. 18- 23 §2; Ord. 17-25 §3; Ord. 17-22 §2) 18.435.070 Prohibited Signs A. Unsafe or improperly maintained signs. All signs must be constructed, erected, and maintained to withstand the wind, seismic,or other applicable requirements in the state building code or this title. Signs 18.435-7 Code Update:4/20 B. Unauthorized traffic signs. The following signs are prohibited: 1. Signs that interfere with, obstruct the view of, or could be confused with any authorized traffic sign, signal, or device by reason of position, shape, or color; and 2. Signs that make use of the word "stop," "look," "danger," or any other similar word, phrase, symbol, or character that is likely to interfere with,mislead,or confuse motorists. C. Obscene signs. Signs containing statements, words, or pictures in which the dominant theme of the material, taken as a whole, appeals to the prurient interest in sex or is patently offensive because it affronts the contemporary community standard relating to the description or representation of sexual material are prohibited. D. Obstructing signs. 1. Signs or sign structures may not be constructed or located in a manner that obstructs access to any fire escape or other means of ingress or egress from a building or any exit corridor, hallway, or doorway. Signs or sign structures may not cover, wholly or partially, any window or doorway in any manner that substantially limits access to the building in case of fire or other emergency; and 2. Signs or sign structures at any street intersection must comply with Chapter 18.930, Vision Clearance Areas. E. Roof signs. Roof signs are prohibited, except for temporary balloon signs allowed by Section 18.435.100, flush-pitched roof signs allowed by Subsection 18.435.090.F, and pedestrian-oriented roof signs allowed by Paragraph 18.435.130.G.5. F. Revolving, rotating, or moving signs. Revolving, rotating, or moving signs are prohibited, except for temporary banners or balloons allowed by Section 18.435.100. G. Flashing signs. Flashing signs of any kind are prohibited, including,but not limited to, strobe lights. H. Right-of-way signs. Signs in the public right-of-way in whole or in part are prohibited, except for signs legally erected for informational purposes by or on behalf of a government agency,bench signs allowed by Subsection 18.435.090.B, awning signs allowed by Subsection 18.435.090.E, temporary banners allowed by Paragraph 18.435.060.A.12, or signs allowed by Subparagraph 18.435.130.G.1.c in the TMU and MU-CBD zones. Any sign that projects into or is located in City of Tigard right-of- way is subject to approval by the City Engineer. Signs may not project into or be located in Oregon Department of Transportation right-of-way. I. Billboards. Billboards are prohibited. (Ord. 19-09 §1; Ord. 18-28 §1; Ord. 18-23 §2; Ord. 17-25 §3; Ord. 17-22 §2) 18.435.080 Sign Illumination A. Surface brightness. The surface brightness of any sign is limited to that produced by the diffused output obtained from 800 milliampere fluorescent light sources spaced not closer than 8 inches, center on center. B. No exposed incandescent lamps. Exposed lamps that exceed the equivalent of a 25 watt incandescent lamp are prohibited on the exterior surface of any sign in a manner that exposes the face of such bulb Signs 18.435-8 Code Update:4/20 or lamp to any public street or public right-of-way, with the exception of allowed electronic information signs. (Ord. 18-23 §2; Ord. 17-22 §2) 18.435.085 Sign Measurement A. Projecting and freestanding signs. 1. The area of a freestanding or projecting sign includes all sign faces counted in calculating its area. Regardless of the number of sign cabinets or sign faces, the total allowable area must not be exceeded. 2. The area of a projecting or freestanding sign is measured as follows: a. The area around and enclosing the perimeter of each sign cabinet, face, or module is summed and then totaled to determine total area. The perimeter of measurable area does not include embellishments such as pole covers, framing and decorative roofing, provided there is no written advertising copy, symbols, or logos on such embellishments; b. If the sign is composed of more than two sign cabinets, faces, or modules, the area enclosing the entire perimeter of all cabinets, faces, or modules within a single, continuous geometric figure is the area of the sign. Pole covers and other embellishments are not included in the area of the sign measurement if they do not bear written advertising copy, symbols, or logos; and c. The overall height of a freestanding sign or sign structure is measured from the grade directly below the sign to the highest point of the sign or sign structure and includes architectural and structural embellishments. B. Wall signs and flush-pitched roof signs. 1. The area of a wall sign is measured as follows: a. The area around and enclosing the perimeter of each sign cabinet, face, or module is summed and then totaled to determine total area. The perimeter of measurable area does not include embellishments such as pole covers, framing, and decorative roofing, provided there is no written advertising copy, symbols, or logos on such embellishments; b. If the sign is composed of individual letters or symbols using the wall as the background with or without added decoration, the total sign area is calculated by measuring the area within the perimeter of all symbols and letters or other decoration including logos; and c. Measurement of the wall area pertaining to flush pitched roof signs is calculated as if the sign were mounted directly on the wall face immediately below the sign. C. Awning signs. 1. If an awning sign meets the definition of a wall sign as provided in Subsection 18.435.015.A, it is measured as a wall sign as described in Subsection 18.435.085.B as if the sign were mounted directly on the building face. Signs 18.435-9 Code Update:4/20 2. If an awning sign meets the definition of a projecting sign as provided in Subsection 18.435.015.A, it is measured as a projecting sign as described in Subsection 18.435.085.A. (Ord. 18-23 §2; Ord. 17-25 §3; Ord. 17-22 §2) 18.435.090 Special Condition Signs A. Applicability. Special condition signs have special or unique dimensional, locational, illumination, maximum number, or other requirements imposed upon them in addition to the regulations contained in this chapter. B. Bench signs. 1. Bench signs are allowed only at designated transit stops in commercial, industrial, R-12, R-25, and R-40 zones where no bus shelter exists, subject to the following: a. No more than one bench sign is allowed per transit stop; b. Placement of the bench sign must not interfere with pedestrian traffic or be located within a vision clearance area or a public right-of-way except where approved by the City Engineer; c. Application for a bench sign must include the signature of the property owner, proof of liability insurance, and any required permits from the state highway division or Washington County,where applicable; and d. The sign area is limited to a total of 14 square feet. C. Electronic information signs. 1. Electronic information signs are allowed only in the C-G, MUC, TMU, and MU-CBD zones, and at schools that front an arterial street provided the sign is a minimum of 200 feet from an abutting residential use and is oriented to the arterial street. 2. The standards for electronic information signs in TMU and MU-CBD zones are provided in Subparagraph 18.435.130.G.1.a. 3. The standards for electronic information signs in all other zones and for schools are provided below. a. The maximum height and area of an electronic information sign are provided in Section 18.435.130 and any other applicable standards of this title; b. Electronic information signs are not allowed to substitute for a nonconforming sign or be mounted upon a nonconforming sign or sign structure, unless the sign and sign structure are brought into compliance with all of the provisions of this title; c. An electronic information sign may be allowed to substitute for one freestanding sign or one wall sign except in the MUC zone where an electronic information sign may only be substituted for one freestanding sign and no other sign type. An electronic information sign is not allowed to substitute for any other sign type, and is not allowed to replace or supplement a billboard, freeway-oriented sign, or any other sign type other than those specifically allowed above; Signs 18.435-10 Code Update:4/20 d. One electronic information sign is allowed per premises; and e. With regard to light patterns: i. Traveling light patterns("chaser effect")are prohibited,and ii. Messages and animation must be displayed at intervals of greater than two seconds in duration. D. Freestanding freeway-oriented signs. 1. For signs requiring a permit under the Oregon Motorist Information Act, the city will provide the applicant the affidavits required under the provisions of ORS 377.723 only after a local sign permit has been approved. 2. Freeway-oriented signs are allowed only in the C-G, TMU,I-P,I-L and I-H zones. 3. Freeway-oriented signs must be located within 200 feet of Highway 217 or Interstate 5 rights-of- way. 4. A maximum of one freeway-oriented sign is allowed per premises. 5. The maximum height of a freeway-oriented sign is 35 feet from the ground level at its base. 6. The maximum area of a freeway-oriented sign is 160 square feet per face and a total of 320 square feet for all faces. 7. Freeway-oriented signs must be oriented to be viewed from the freeway. 8. In addition to a freeway-oriented sign, each lot, development complex, or premises is allowed one freestanding sign provided all other provisions of this chapter can be met and both signs are located on separate frontages with different orientations. 9. Freeway-oriented signs are only allowed as freestanding signs and are not allowed as any other sign type. E. Awning signs. 1. Awning signs are allowed in all base zones. Regardless of how an awning sign is measured, as provided in Subsection 18.435.085.C, the total awning sign area counts toward the total wall sign area allowance as provided in the applicable base zone sign regulations in Section 18.435.130, except for awning signs in the TMU and MU-CBD zones. The total awning sign area in these zones counts toward the total projecting sign area allowance as provided in Paragraph 18.435.130.G.4. 2. The standards for awning signs in TMU and MU-CBD zones are provided in Paragraph 18.435.130.G.4. 3. The standards for awning signs in all other zones are provided below. Signs 18.435-11 Code Update:4/20 a. The copy on awning signs may extend above the upper surfaces of the awning structure, provided it does not extend above the roof of the associated building. They may be hung below the awning if the sign clears the sidewalk by at least 8.5 feet; b. Awning signs may be internally or externally illuminated; and c. If approved by the City Engineer through an encroachment permit, awning signs may extend into the public right-of-way 6.5 feet or 2/3 of the distance to the roadway, whichever is less. However, a sign may not extend within 2 feet of the nearest vehicle travel lane. F. Flush pitched roof signs. 1. Flush pitched roof signs are allowed in all base zones except residential zones; 2. Flush pitched roof signs may not extend more than 6 inches above the roof line; 3. Flush pitched roof signs must be parallel to the building face and may not extend beyond the sides of the building face; 4. Flush pitched roof signs must be attached to a mansard or other near vertical roof where the roof angle is greater than 45° from horizontal; and 5. Flush pitched roof signs are a type of wall sign, and all code provisions applicable to wall signs apply to this type of sign. G. Painted wall signs. Wall signs, including symbols or logos, which are painted directly onto the wall surface may not exceed in gross wall area the percentage allowed for a wall sign in the applicable base zone. H. Entryway signs. Entryway signs are allowed in all base zones. I. Cultural institution auxiliary signs. 1. Cultural institution auxiliary signs are allowed in all base zones. 2. Cultural institution auxiliary signs are limited to one sign and must be either within the same sign structure as another freestanding sign on the property where the cultural institution is located or on a wall of the primary building of the cultural institution. A wall sign must be consistent in structure and materials with any existing wall sign on the cultural institution. The sign area of a cultural institution auxiliary sign is limited to four square feet per face. (Ord. 20-01 §1; Ord. 18- 23 §2; Ord. 17-25 §3; Ord. 17-22 §2) 18.435.100 Temporary Signs A. Applicability. All temporary signs listed in Paragraph 18.435.015.A.44 require a temporary sign permit except for the following: 1. Lawn and A-frame signs in residential zones exempted by Paragraph 18.435.060.A.1. 2. A-frame signs in MU-CBD and TMU zones allowed by Paragraph 18.435.130.G.6. 3. Banner signs in the right-of-way in the MU-CBD zone exempted by Paragraph 18.435.060.A.11. Signs 18.435-12 Code Update:4/20 B. Expiration of approvals. 1. A temporary sign permit is issued for a period of 30 days or less. The approval authority may attach conditions to the permit as necessary to ensure discontinuance of the use of the sign; and 2. A temporary sign permit may be reissued by the approval authority for two additional periods of 30 days each per calendar year,except for balloon sign permits which may not be reissued. C. Standards. Standards for all temporary signs, except balloon signs, that require a temporary sign permit by Subsection 18.435.100.A above are as follows: 1. A maximum of one temporary sign is allowed at a time for each owner or occupant of property or building; 2. The maximum total area of a temporary sign is 24 square feet for all faces and 12 square feet per face, except for banners,which have a maximum total area of 24 square feet per sign face; 3. Temporary signs must be located on private property; 4. Temporary signs may not be located in the public right-of-way or the clear vision area as described in Chapter 18.930,Vision Clearance Areas; 5. Temporary signs may not be illuminated in any way or utilize electrical wiring; 6. Temporary signs may not contain a reader-board or electronic information sign component; and 7. Temporary signs may not be permanently attached to the ground,buildings, or other structures. D. Standards for balloon signs that require a temporary sign permit by Subsection 18.435.100.A are as follows: 1. A maximum of one stationary balloon or cluster of children's balloons is allowed per calendar year for each owner or occupant of property or building; 2. A balloon sign may remain in place for a maximum of 10 days per calendar year; 3. A balloon sign may be allowed as a roof sign; 4. A balloon sign may not exceed 25 feet in height or float in the air higher than 25 feet above the nearest building's roof line; and 5. A balloon sign must be secured to a structure or the ground. (Ord. 18-28 §1; Ord. 18-23 §2; Ord. 17-25 §3; Ord. 17-22 §2) 18.435.110 Nonconforming Signs A. Applicability. For the purposes of this chapter,non-conforming signs are defined as follows: 1. Except as provided in this chapter, signs in existence on March 20, 1978, in compliance with Ordinance Nos. 77-89 and 78-16, which do not conform to the provisions of this chapter,but that were constructed, erected, or maintained in compliance with all previous regulations, are considered nonconforming signs that may be continued until March 20, 1988. Signs 18.435-13 Code Update:4/20 2. Signs in existence on January 11, 1971 that do not conform to the provisions of this chapter, but were constructed, erected, or maintained in compliance with all previous regulations, were regarded as nonconforming signs and could be continued for a period of 10 years from January 11, 1971. All such signs that were not brought into compliance with the standards in Ordinance Nos. 77-89 and 78-16 and the extensions granted, are now in violation of this chapter. 3. Signs located on premises annexed into the city after January 11, 1971 that do not comply with the provisions of this chapter, must be brought into compliance with this chapter within a period of 10 years after the effective date of the annexation. 4. Any sign that is structurally altered, relocated, or replaced must immediately be brought into compliance with all of the provisions of this chapter, except the repairing and restoration of a sign on site or away from the site to a safe condition. Any part of a sign or sign structure for normal maintenance is allowed without loss of nonconforming status. B. Restrictions. For purposes of this chapter, a sign face or message change is subject to the following provisions: 1. A sign face or message change on a nonconforming sign is prohibited when the affected property and sign structure have been abandoned for greater than 90 days; 2. A sign face or message change is allowed as an alteration only for existing conforming signs and for nonconforming signs prior to their amortization expiration date; and 3. No sign permit is required for allowable sign face or message changes. C. Reconstruction. Should a nonconforming sign or sign structure or nonconforming portion of structure be destroyed or repaired by any means to an extent of more than 50 percent of its replacement cost, reconstruction is prohibited except in conformity with the provisions of this chapter. D. Requirements for conformance. Signs in existence on the effective date of this chapter that do not comply with provisions regulating flashing signs; use of par spotlights or rotating beacons; rotating and revolving signs; flags, banners, streamers, or strings of lights; or temporary or incidental signs; must conform within 90 days from the effective date of this chapter. (Ord. 18-23 §2; Ord. 17-22 §2) 18.435.120 Removal of Nonconforming or Abandoned Signs A. Conformance required. All signs erected after the effective date of this title that are in violation of any provisions of this chapter must be removed or brought into conformance upon written notice by the Director. B. Removal. All signs that do not comply with this chapter but were erected prior to the effective date of this chapter, must be removed or brought into conformance within 60 days from written notice by certified mail given by the Director. C. Enforcement. If the owner of a sign, building, structure, or premises fails to comply with the written order, the Director may then cite the owner into court subject to Chapter 18.20, Administration and Enforcement. The following exceptions apply: 1. Section 18.435.110 provides for certain time limits and other conditions for certain signs as described therein. Signs 18.435-14 Code Update:4/20 2. Any sign that by its condition or location presents an immediate or serious danger to the public, by order of the building official, must be removed or repaired within the time the building official specifies. In the event the owner of such sign cannot be found or refuses to comply with the order to remove, the building official will then have the dangerous sign removed and the owner cited for noncompliance and recovery of any damage or expense. D. Responsible party for removal. Any person who owns or leases a nonconforming or abandoned sign or sign structure must remove such sign and sign structure when the expiration of the amortization period for the sign as provided in Section 18.435.110 has occurred or the sign has been abandoned: 1. If the person who owns or leases such sign fails to remove it as provided in this section, the Director will give the owner of the building, structure, or premises upon which such sign is located, 60 days' written notice to remove it; 2. If the sign has not been removed at the expiration of the 60 days' written notice, the Director may remove such sign at cost to the owner of the building, structure, or premises; 3. Signs that are in full compliance with sign regulations,which the successor to a person's business agrees to maintain as provided in this chapter, need not be removed in compliance with this section; and 4. Costs incurred by the city due to removal, may be made a lien against the land or premises on which such sign is located, after notice and hearing, and may be collected or foreclosed in the same manner as liens otherwise entered in the liens docket of the city. (Ord. 18-23 §2; Ord. 17-25 §3; Ord. 17-22 §2) 18.435.130 Base Zone Regulations A. Residential zones. Signs other than the following are prohibited in residential zones: 1. Wall signs are allowed, up to a combined total maximum area of 4 square feet, or 1 square foot per dwelling unit,whichever is larger; 2. Every housing complex is allowed one permanent freestanding sign at each entry point to the housing complex from the public right-of-way, with the site properly landscaped, up to a maximum of 32 square feet per face in area. Illumination may be approved provided it does not create a public or private nuisance, as determined by the Director considering the purpose of the zone; 3. Every platted subdivision is allowed one permanent, freestanding sign at each entry point to the subdivision from the public right-of-way, with the site properly landscaped, up to a maximum of 32 square feet per face in area. Illumination may be approved provided it does not create a public or private nuisance, as determined by the Director considering the purpose of the zone; 4. For nonresidential uses, one illuminated or non-illuminated freestanding sign is allowed, up to a maximum of 6 feet in height and 32 square feet in area per sign face. Wall signs must not exceed 5 percent of the gross area of the wall face on which the sign is mounted; 5. Directional signs on private property designed solely to identify driveway entrances and exits for motorists on adjoining public streets are allowed. One sign with a maximum area of 4 square feet per face is allowed per driveway. Each sign must comply with Chapter 18.930, Vision Clearance Areas; Signs 18.435-15 Code Update:4/20 6. Temporary signs in compliance with Sections 18.435.090 and 18.435.100 are allowed; 7. Lawn signs in compliance with Paragraphs 18.435.060.A.1,A.6, and B.2 are allowed; 8. Special condition signs in compliance with Section 18.435.090 are allowed; and 9. Additional allowed signs include awning signs and painted wall signs are allowed. B. C-G and MUE zones. Signs other than the following are prohibited in the C-G and MUE zones: 1. Freestanding signs are allowed, subject to the following limitations and conditions: a. One multi-faced, freestanding sign is allowed, b. A reader-board assembly may be an integral part of the freestanding sign, c. The maximum square footage of signs is 70 square feet per face and a total of 140 square feet for all sign faces.Freestanding signs may not extend over a property line into the public right- of-way, d. The sign area may be increased 1 square foot for each lineal foot the sign is moved back from the front property line to which the sign is adjacent. If the street is curbed and paved, the measurement is taken from a point that is 15 feet from the pavement. This increase in sign area is limited to a maximum of 90 square feet per face or a total of 180 square feet for all faces, and e. The maximum height of freestanding signs located next to the public right-of-way is 20 feet. Height may be increased one foot for each 10 feet of setback from the property line or a point 15 feet from the edge of pavement,whichever is less,to a maximum of 22 feet in height; 2. Wall signs are allowed, subject to the following limitations and conditions: a. Wall signs, including illuminated reader-boards, may be erected or maintained up to a maximum gross area of 15 percent of any building face on which the sign is to be mounted, b. Wall signs may not project more than 18 inches from the wall or extend above the wall to which they are attached, and c. If it is determined through the site development review process that the wall sign's visual appeal and overall design quality would be served, an additional 50 percent of the sign area may be allowed. No copy is allowed in the additional area. For purposes of this subsection, "copy"includes symbols, logos, and letters; 3. Directional signs on private property designed solely to identify driveway entrances and exits for motorists on adjoining public streets are allowed. One sign with an area of 4 square feet per face is allowed per driveway. Each sign must comply with Chapter 18.930,Vision Clearance Areas; 4. Electronic information signs in compliance with Subsection 18.435.090.0 are allowed; 5. Temporary signs in compliance with Sections 18.435.090 and 18.435.100 are allowed; 6. Lawn signs in compliance with Paragraphs 18.435.060.A.6 and B.2 are allowed; Signs 18.435-16 Code Update:4/20 7. Special condition signs in compliance with Section 18.435.090 are allowed; and 8. Awning signs, flush pitched "roof' signs, freeway-oriented signs, projecting signs, and painted wall signs are allowed. C. C-P zone. Signs other than the following are prohibited in the C-P zone: 1. Freestanding signs are allowed, subject to the following limitations and conditions: a. One multi-faced freestanding sign is allowed per premises, b. A reader-board assembly may be an integral part of the freestanding sign, c. The maximum square footage of freestanding signs is 32 square feet per face and a total of 64 square feet for all sign faces. Freestanding signs may not extend over a property line into the public right-of-way, d. The sign area may be increased 1 square foot for each lineal foot the sign is moved back from the front property line to which the sign is adjacent. If the street is curbed and paved the measurement is taken from a point that is 15 feet from the pavement. This increase in sign area is limited to a maximum of 52 square feet per face or a total of 104 square feet for all faces, and e. The maximum height of freestanding signs located next to the public right-of-way is 8 feet. Height may be increased 1 foot for each 10 feet of setback from the property line or a point 15 feet from the edge of pavement,whichever is less,to a maximum of 10 feet in height; 2. Wall signs are allowed, subject to the following limitations and conditions: a. Wall signs, including illuminated reader-board signs, may be erected or maintained up to a maximum gross area of 5 percent of any wall face on which the sign is to be mounted, b. Wall signs must be parallel to the face of the building upon which the sign is located, and c. If it is determined through the site development review process that the wall sign's visual appeal and overall design quality would be served, an additional 50 percent of the allowable sign area may be allowed. No copy is allowed in the additional area. For purposes of this subsection, "copy"includes symbols, logos and letters; 3. Directional signs on private property designed solely to identify driveway entrances and exits for motorists on adjoining public streets are allowed. One sign with an area of 4 square feet per face is allowed per driveway. Each sign must comply with Chapter 18.930,Vision Clearance Areas; 4. Temporary signs in compliance with Sections 18.435.090 and 18.435.100 are allowed; 5. Lawn signs in compliance with Paragraphs 18.435.060.A.6 and B.2 are allowed; 6. Special condition signs in compliance with Section 18.435.090 are allowed; and 7. Awning signs, flush pitched"roof'signs, and painted wall signs are allowed. D. C-N and C-C zones. Signs other than the following are prohibited in the C-N and C-C zones: Signs 18.435-17 Code Update:4/20 1. Freestanding signs are allowed, subject to the following limitations and conditions: a. One multi-faced freestanding sign is allowed per premises, b. A reader-board assembly may be an integral part of the freestanding sign, c. The maximum square footage of freestanding signs is 32 square feet per face or a total of 64 square feet for all sign faces. Freestanding signs may not extend over a property line into the public right-of-way, d. The sign area may be increased one square foot for each lineal foot the sign is moved back from the front property line to which the sign is adjacent. If the street is curbed and paved the measurement is taken from a point that is 15 feet from the pavement. This increase in sign area is limited to a maximum of 52 square feet per face or a total of 104 square feet for all faces, and e. The maximum height of freestanding signs located next to the public right-of-way is 20 feet. Height may be increased 1 foot for each 10 feet of setback from the property line or a point 15 feet from the edge of pavement,whichever is less,to a maximum of 22 feet in height; 2. Wall signs are allowed, subject to the following limitations and conditions: a. Wall signs, including illuminated reader-board signs, may be erected or maintained up to a maximum gross area of 10 percent of any building face on which the sign is to be mounted, b. Wall signs must be parallel to the face of the building upon which the sign is located, and c. If it is determined through the site development review process that the wall sign's visual appeal and overall design quality would be served, an additional 50 percent of the sign area may be allowed. No copy is allowed in the additional area. For purposes of this subsection, "copy"includes symbols,logos, and letters; 3. Directional signs on private property designed solely to identify driveway entrances and exits for motorists on adjoining public streets are allowed. One sign with an area of 4 square feet per face is allowed per driveway. Each sign must comply with Chapter 18.930,Vision Clearance Areas; 4. Temporary signs in compliance with Sections 18.435.090 and 18.435.100 are allowed; 5. Lawn signs in compliance with Paragraphs 18.435.060.A.6 and B.2 are allowed; 6. Special condition signs in compliance with Section 18.435.090 are allowed; and 7. Awning signs, flush pitched"roof'signs, and painted wall signs are allowed. E. Industrial zones. Signs other than the following are prohibited in the I-P,I-L, or I-H zones: 1. Freestanding signs are allowed, subject to the following limitations and conditions: a. One multi-faced freestanding sign is allowed, b. A reader-board assembly may be an integral part of the freestanding sign, Signs 18.435-18 Code Update:4/20 c. The maximum square footage of signs is 70 square feet per face and a total of 140 square feet for all sign faces.Freestanding signs may not extend over a property line into the public right- of-way, d. The sign area may be increased 1 square foot for each lineal foot the sign is moved back from the front property line to which the sign is adjacent. If the street is curbed and paved, the measurement is taken from a point that is 15 feet from the pavement. This increase in sign area is limited to a maximum of 90 square feet per face or a total of 180 square feet for all faces, and e. The maximum height of freestanding signs located next to the public right-of-way is 20 feet. Height may be increased 1 foot for each 10 feet of setback from the property line or a point 15 feet from the edge of pavement,whichever is less,to a maximum of 22 feet in height; 2. Wall signs are allowed, subject to the following limitations and conditions: a. Wall signs, including illuminated reader-board signs, may be erected or maintained up to a maximum gross area of 15 percent of any building face on which the sign is to be mounted, b. Wall signs may not project more than 18 inches from the wall or extend above the wall to which they are attached, and c. If it is determined through the site development review process that the wall sign's visual appeal and overall design quality would be served, an additional 50 percent of the sign area may be allowed. No copy is allowed in the additional area. For purposes of this subsection, "copy"includes symbols,logos and letters; 3. Directional signs on private property designed solely to identify driveway entrances and exits for motorists on adjoining public streets are allowed. One sign with an area of 4 square feet per face is allowed per driveway. Each sign must comply with Chapter 18.930,Vision Clearance Areas; 4. Temporary signs in compliance with Sections 18.435.090 and 18.435.100 are allowed; 5. Lawn signs in compliance with Paragraphs 18.435.060.A.6 and B.2 are allowed; 6. Special condition signs in compliance with Section 18.435.090 are allowed; and 7. Awning signs, freeway-oriented signs, projecting signs, flush pitched "roof' signs, and painted wall signs are allowed. F. Additional requirements in commercial and industrial zones other than the MU-CBD and TMU zones. If it is determined through the site development review process that a sign's visual appeal and overall design quality would be served while maintaining the intent and purpose of this chapter, an additional 50 percent of the allowable sign area and 25 percent of sign height may be allowed. No copy is allowed in the additional area or height. For purposes of this subsection the word "copy" includes symbols, logos and figures, as well as letters. 1. Each freestanding sign must be surrounded by a landscaped area set aside to protect the sign from vehicles maneuvering on the site. a. The required site plan must show the size and shape of the landscaped area set aside for the sign, subject to review by the approval authority; and Signs 18.435-19 Code Update:4/20 b. On existing sites where a landscaped area is not feasible, the minimum clearance between the lowest portion of a freestanding sign and the ground is 14 feet in any vehicle maneuvering area. 2. A freestanding sign may not extend over any portion of a street, sidewalk or other public right-of- way or property unless an exception has been granted. 3. When a premises contains more than a single tenant but is not defined as a shopping center, the provisions of a freestanding sign will take into consideration the need for providing a signing system that is harmonious in appearance and legible: a. The building owner must provide, at the owner's expense, a common support for all tenant signage; and b. Up to an additional 50 percent of sign copy area may be allowed through the site development review process so as to adequately identify the separate tenants when determined that the increased sign area will not be inconsistent with the purpose of this chapter. 4. Shopping centers or industrial parks must establish a single signing format: a. Up to an additional 50 percent of sign area may be allowed through the site development review process to adequately identify the complex when it can be determined that the increased sign area will not be inconsistent with the purposes of this chapter; b. This increase should be judged according to unique identification needs and circumstances that necessitate additional area to make the sign sufficiently legible; and c. When a shopping center or industrial park has more than one main entrance on separate frontages, a second freestanding sign may be allowed through the site development review process. The two allowable signs must face separate frontages and are not intended to be viewed simultaneously. 5. Legal owners or occupants of properties or buildings that are in shopping plazas and are directly located, or proposed to be located, on a commercially- and industrially-zoned corner property (one or more contiguous tax lots located at the intersection of two or more public streets), are allowed to have one freestanding sign along each street frontage when all of the following are met: a. A sign permit is required for each sign prior to its erection; b. The total combined height of two freestanding signs on the premises may not exceed 150 percent of what is normally allowed for one freestanding sign in the same base zone; c. All signs must meet the height requirement of the base zone in which the signs are located; d. No more than two freestanding signs are allowed; e. The two allowable signs must face separate frontages and are not intended to be viewed simultaneously; and f. All other provisions of this chapter apply. Signs 18.435-20 Code Update:4/20 6. Shopping centers in the C-G zone are entitled to freestanding signage according to the following optional standards: a. A maximum of two freestanding signs are allowed per street frontage provided they can meet both sign area and sign height requirements as provided in this subsection; b. The total combined height of both signs may not exceed 150 percent of the sign height normally allowed for one freestanding sign in the same base zone; however, both signs must meet the height requirements of the base zone; c. The total combined sign area of both signs may not exceed 150 percent of what is normally allowed for one freestanding sign in the same base zone; however, both signs must meet the area requirements of the base zone; d. The signs may not pose a vision clearance problem or project into the public right-of-way; and e. A sign permit is required prior to erection of any freestanding sign referred to in this subsection. G. MU-CBD and TMU zones. The following signs are allowed in the TMU zone and the MU-CBD zone, except that MU-CBD zoned properties located west of Fanno Creek within the Fanno-Burnham Subarea of the Tigard Downtown Plan District are subject to the residential zone sign standards in Subsection 18.435.130.A and MU-CBD zoned properties north of Pacific Highway or with frontage on Pacific Highway or Hall Boulevard are subject to the C-G zone sign standards in Subsection 18.435.130.B. 1. General provisions. a. Reader-board and electronic information signs are allowed as follows: i. A freestanding sign, window sign, wall sign, or projecting sign may include a reader- board or electronic information sign component. ii. If a wall or projecting sign includes such a component, the reader-board or electronic information component is limited in size to 50 square feet or 50 percent of the area of the wall or projecting sign,whichever is less. iii. Messages and animation must be displayed at intervals of greater than two seconds in duration. Traveling light patterns("chaser effect") are prohibited. b. Sign lighting methods are allowed as follows: i. In addition to the sign lighting methods described in Paragraph 18.435.015.A.25, backlighting is allowed as a type of indirect or external lighting where the light source is behind an opaque sign area and not directly visible from the front of the sign. ii. All signs may use indirect or external lighting. All indirect or external sign lighting must be shielded, angled, or located such that it does not shine directly onto adjacent properties or public rights-of-way. Signs larger than 100 square feet that use indirect or external lighting must also have shields with a cutoff angle of 90 degrees or greater to ensure that lighting is not directed upward. Signs 18.435-21 Code Update:4/20 iii. Only wall signs, window signs, or pedestrian-oriented roof signs may use internal lighting. iv. Direct lighting is prohibited, except for electronic information signs and signs with neon tubes or comparable lighting tubes. c. Wall signs, projecting signs, and A-frame signs may project into or be located in City of Tigard public right-of-way as provided in Subsection 18.435.130.G. Any sign that projects into the City of Tigard right-of-way is subject to approval by the City Engineer. Signs may not project into or be located in Oregon Department of Transportation right-of-way. d. Signs on fences, retaining walls, or walls serving the same purpose as a fence are prohibited except where specifically designed as entryway signs. 2. Freestanding signs, but not including freestanding freeway-oriented signs that are allowed as a special condition sign by Paragraph 18.435.130.G.8. a. One multi-faced freestanding sign is allowed per premises. A premises with more than one street frontage may have one sign per frontage. b. The maximum sign area is 32 square feet per sign face or 64 square feet for all sign faces. The maximum sign height is 3.5 feet, except for freestanding signs associated with a public multi-use trail which have a maximum sign height of 8 feet. c. A freestanding sign may be located in the minimum building setback but must not be located in the public right-of-way or the clear vision area as described in Chapter 18.930, Vision Clearance Areas. 3. Wall signs, including painted wall signs and flush pitched roof signs. a. Multiple wall signs are allowed per building face. b. The total maximum sign area may not exceed 15 percent of the gross area of the building face. The maximum sign height is equal to the height of the building face and may not extend above the building face, except for flush pitched roof signs which are subject to the height standards in Subsection 18.435.090.F. The maximum horizontal projection is 18 inches. c. A wall sign may project into the minimum building setback and public right-of-way. The minimum vertical clearance for wall signs that project into the public right-of-way is 10 feet from sidewalk grade. 4. Projecting signs,including awning signs. a. One projecting sign is allowed per building. A building with more than one street frontage may have one sign per frontage. The maximum sign area is 32 square feet per sign face or 64 square feet for all sign faces. A building with more than one street frontage may have one sign on the building corner at the intersection of two street frontages in lieu of one sign per frontage. The maximum sign area for a corner projecting sign is 50 square feet per sign face or 100 square feet for all sign faces. b. A building may have the following additional projecting signs: Signs 18.435-22 Code Update:4/20 i. A building may have one or more additional awning signs where awnings are provided on the building face that project at least 4 feet into the public right-of-way and occupy at least 50 percent of the width of the building face. The additional signage may not exceed 32 square feet in size. ii. A building may have one or more additional projecting signs where the signs are perpendicular to the building face, less than 4.5 square feet in size per sign face, and located less than 10 feet from sidewalk grade as measured from the top of sign. The number of additional signs may not exceed the number of first-story tenant spaces in the building. c. A projecting sign may project into the minimum building setback and public right-of-way. For signs that project into the right-of-way, the minimum vertical clearance for awning signs and signs less than 4.5 square feet in size per sign face must be 8 feet from sidewalk grade. The minimum vertical clearance for all other projecting signs is 10 feet from sidewalk grade. The maximum horizontal projection into the right-of-way is 6 feet or the minimum sidewalk width along the building frontage, whichever is less. A projecting sign may not conflict with an existing or planned street tree. 5. Pedestrian-oriented roof signs. a. A pedestrian-oriented roof sign is allowed only on buildings with a height of 20 feet or less. b. The maximum number of signs allowed is equal to the number of first-story tenant spaces in the building. c. The maximum sign area is 45 square feet. The maximum sign height is 2 feet above the roof line of the building and may not extend below the roof line of the building. d. The sign must be oriented to the street upon which the building fronts. 6. A-frame signs. a. The maximum number of A-frame signs allowed is equal to the number of first-story tenant spaces in the building or the equivalent of one sign for every 30 linear feet of street-facing building facade,whichever is greater. b. The maximum sign area is 6 square feet per sign face or 12 square feet for all sign faces. The maximum sign width and height is 3 feet. c. An A-frame sign may be located on private property or in the public right-of-way adjacent to any premises by the person in control of those premises. Where the sign is located in the right-of-way, it must be located so as to maintain a minimum unobstructed sidewalk width of 4 feet for pedestrian through-travel. It must be located behind the curb or a minimum of 10 feet from the edge of the nearest travel lane where no curb is present. It may not be located in the clear vision area described in Chapter 18.930, Vision Clearance Areas, or where it conflicts with the use of any service area, driveway, water quality facility, bicycle parking area, or on- or off-street parking or loading area. It may be located in a landscape strip with approval by the City Engineer. d. Display of A-frame signs is prohibited when the sign owner's business is closed to the public. Signs 18.435-23 Code Update:4/20 7. Permit exempt signs, such as directional and window signs, are allowed as described in Subsection 18.435.060.A, except that the total maximum sign area of all window signs may not exceed 25 percent of the gross window area on the building face. 8. Special condition signs, such as bench, cultural institution, entryway, and freeway-oriented signs are allowed as described in Section 18.435.090. Freeway-oriented signs are only allowed in the TMU zone adjacent to the Highway 217 or Interstate 5 rights-of-way. 9. Temporary signs, such as balloon, banner, and lawn signs are allowed as described in Subsection 18.435.100, except that A-frame signs are allowed as described in Paragraph 18.435.130.G.6. H. Mixed-use zones except MU-CBD and TMU zones. Sign standards for the MUE-1, MUE-2, MUC, MUC-1, and MUR zones are located in their respective plan districts in Chapter 18.620, Bridgeport Village Plan District, and Chapter 18.670, Washington Square Regional Center Plan District. (Ord. 20-01 §1; Ord. 18-28 §1; Ord. 18-23 §2; Ord. 17-25 §3; Ord. 17-22 §2; Ord. 10-02 §2; Ord. 09-13) ■ Signs 18.435-24 Code Update:4/20 Chapter 18.440 TEMPORARY USES Sections: 18.440.010 Purpose 18.440.020 Applicability 18.440.030 Types of Temporary Uses 18.440.040 Approval Process 18.440.050 Approval Criteria 18.440.010 Purpose The purpose of this chapter is to establish standards for the approval of temporary uses. (Ord. 17-22 §2) 18.440.020 Applicability A. Applicability. This chapter applies to all types of temporary uses listed in Section 18.440.030, unless they are exempt in Subsection 18.440.020.0 or D. B. Disclaimer. This chapter is not intended to be a way to circumvent the strict application of the base zones. Therefore,time limits are to be strictly enforced. C. Temporary uses allowed. The following temporary uses are allowed without a temporary use permit: 1. Seasonal and special events conducted exclusively by and for the benefit of a Tigard-based nonprofit organization; 2. Temporary Shelter, as an accessory use to a Religious Institution use or a Social/Fraternal Clubs/Lodges use,where the following are met: a. No more than 20 people are provided shelter at a time, b. Each stay does not exceed 30 days, and c. Temporary shelter is not provided on the property more than 90 total days in a year. 3. Garage sales; 4. Temporary construction offices in conjunction with the initial development of residential, commercial or industrial property(three or more dwelling units or lots); or 5. Seasonal and special events located entirely within the PR zone, public right-of-way, or city- owned property provided the use has received a special event permit pursuant to Tigard Municipal Code Chapter 7.48. D. Emergency situations. The Director may waive any of the requirements in this chapter or request additional information in compliance with Chapter 18.710, Land Use Review Procedures, for cases that involve destruction of an existing structure due to fire, natural causes, or other circumstances that are beyond the control of the applicant. An emergency as allowed by this subsection does not include Temporary Uses 18.440-1 Code Update:4/20 failure by the applicant to submit a temporary use request as provided in this chapter. (Ord. 20-01 §1; Ord. 19-09 §1; Ord. 18-23 §2; Ord. 17-22 §2) 18.440.030 Types of Temporary Uses A. Seasonal or special event. This type of temporary use is a use that by its nature will last less than one year. Examples of this type of use are those associated with the sale of goods for a specific holiday, activity, or celebration, uses associated with construction, or seasonal use. This type of use does not apply to businesses seeking a temporary or interim location. These types of temporary uses include: 1. Use associated with the celebration of a specific holiday such as the sale of Christmas trees and fireworks; 2. Use associated with the sale of fresh fruits,produce, and flowers, including seasonal markets by a chartered public service or non-profit organization that may offer additional products and services as provided in the organization's"market rules and policies" such as landscaping plants,prepared food, animal products, and art or handcrafts assembled by the vendor; 3. Use associated with festivals or celebrations or special events; 4. Seasonal activities such as the sale of food at sports events or activities; 5. Use associated with construction such as the storage of equipment during the construction of roads or development, but not a temporary sales office or model home as provided by this chapter; and 6. Temporary fund raising and other civic activities in commercial zones. B. Unforeseen or emergency situations. This type of temporary use is a use that is needed because of an unforeseen event such as fire,windstorm, flood,unexpected health or economic hardship,or due to an eviction resulting from condemnation or other proceedings. Examples of this type of temporary use include: 1. A mobile home or other temporary structure for a residential purpose in a residential zone; 2. A mobile home or other temporary structure for a business purpose in a commercial or industrial zone; and 3. Use of an existing dwelling or mobile or manufactured home during the construction period of a new dwelling unit on the same lot. C. Temporary sales office or model home. This type of use includes a temporary sales office or offices either in a dwelling unit or in another temporary building for the purpose of facilitating the sale of real property in any subdivision or property within this city. This includes the use of one dwelling unit in a subdivision as a"model home"for purposes of showing prospective buyers. D. Temporary use in commercial and industrial zones. This type of temporary use includes a temporary trailer or prefabricated building for use on any commercially or industrially zoned property within the city as a temporary commercial or industrial office or space associated with the primary use on the property. (Ord. 20-01 §1; Ord. 18-23 §2; Ord. 17-22 §2) Temporary Uses 18.440-2 Code Update:4/20 18.440.040 Approval Process A. Approval process. Temporary use applications are processed through a Type I procedure, as provided in Section 18.710.050. B. Approval period. An approval for a temporary use is valid for a period of 1 year unless otherwise stipulated by the approval. C. Expiration. An approval for the temporary use will expire if: 1. Substantial construction of the approved plan or onset of the approved activity has not begun within the approval period; and 2. Construction or activity on the site is a departure from the approved plan. (Ord. 19-09 §1; Ord. 18-28 §1; Ord. 18-23 §2; Ord. 17-22 §2) 18.440.050 Approval Criteria A. Seasonal and special events. The approval authority will approve or approve with conditions seasonal and special events when all of the following are met: 1. The use occurs only once in a calendar year and for no longer a period than 30 consecutive days, except as provided in Paragraph 18.440.050.A.6; 2. The use is allowed in the applicable base zone; 3. The applicant has proof of the property owner's permission to place the use on the property; 4. There will be no parking utilized by the customers and employees of the temporary use that is required to meet the minimum parking requirements for the other uses on the property, as required by Chapter 18.410,Off-Street Parking and Loading; 5. The use will provide adequate vision clearance, as required by Chapter 18.930, Vision Clearance Areas, and not obstruct pedestrian access on public rights-of-way; and 6. Seasonal markets are allowed in the C-G and MU-CBD zones and may operate from April through October. The applicant must provide "market rules and policies" for city approval,which are consistent with the seasonal market use description in Paragraph 18.440.030.A.2 and will be observed for the duration of the permit. Market rules and policies must include hours of operation, location,product guidelines, vendor obligations, vehicle loading or unloading, and any other applicable policies guiding the operation of the market. The city may also consider the following criteria: a. Provide documentation demonstrating adequate and safe ingress and egress exist when combined with the other uses of the property, in compliance with Chapter 18.920, Access, Egress,and Circulation; b. Provide documentation demonstrating the use will not create a traffic hazard, including coordination with ODOT if applicable; c. Provide documentation that the use will not create adverse off-site impacts related to noise, Temporary Uses 18.440-3 Code Update:4/20 odors, vibrations, glare, or lights that would be greater than otherwise allowed by uses allowed in the base zone; and d. Signs are allowed as provided in Chapter 18.435, Signs; however, temporary signs may be approved for a period of time to correspond with the duration of the seasonal market use. B. Unforeseen or emergency situations. The approval authority will approve or approve with conditions unforeseen or emergency situations when all of the following are met: 1. The need for the use is the direct result of a casualty loss such as fire,wind storm, flood, or other severe damage by the elements to a pre-existing structure or facility previously occupied by the applicant on the premises for which the permit is sought; or 2. The use of a mobile or manufactured home on a lot with an existing dwelling unit is necessary to provide adequate and immediate health care for a relative who needs close attention who would otherwise be required to receive needed attention from a hospital or care facility; or 3. The applicant has been evicted within 60 days of the date of the application from a pre-existing occupancy of the premises for which the permit is sought as a result of condemnation proceedings by a public authority, or eviction by abatement of nuisance proceedings, or by determination of a public body or court having jurisdiction that the continued occupancy of the facilities previously occupied constitutes a nuisance or is unsafe for continued use; or 4. There has been a loss of leasehold occupancy rights by the applicant due to unforeseeable circumstances or other hardship beyond the foresight and control of the applicant; and 5. There exists adequate and safe ingress and egress when combined with the other uses of the property, as required by Chapter 18.920, Access, Egress and Circulation, and Chapter 18.930, Vision Clearance Areas; and 6. There exists adequate parking for the customers of the temporary use as required by Chapter 18.410, Off-Street Parking and Loading; and 7. The use will not result in congestion on adjacent streets; and 8. The use will pose no hazard to pedestrians in the area of the use; and 9. The use will not create adverse off-site impacts including noise, odors, vibrations, glare, or lights that will affect adjoining uses in a manner that other uses allowed in the base zone would not affect adjoining uses; and 10. The use can be adequately served by sewer or septic system and water, if applicable. C. Temporary sales office or model home. The approval authority will approve or approve with conditions a temporary sales office or model home when all of the following are met: 1. Temporary sales office. a. The temporary sales office must be located within the boundaries of the subdivision or property in which the real property is to be sold; and Temporary Uses 18.440-4 Code Update:4/20 b. Sales offices approved through the provision of this chapter may not be permanent. 2. Model home. a. The model home must be located within the boundaries of the subdivision or property where the real property to be sold is situated; and b. The property to be used for a model house must be a permanently designed dwelling unit. D. Temporary use in commercial and industrial zones. The approval authority will approve or approve with conditions a temporary trailer or prefabricated building when all of the following are met: 1. The temporary trailer must be located within the boundaries of the property on which it is located; 2. The property to be used for a temporary trailer must already be developed; 3. There exists adequate and safe ingress and egress when combined with the other uses of the property; as required by Chapter 18.920, Access, Egress, and Circulation, and Chapter 18.930, Vision Clearance Areas; 4. There exists adequate parking for the customers or users of the temporary use as required by Chapter 18.410, Off-Street Parking and Loading; 5. The use will not result in congestion on adjacent streets; 6. The use will pose no hazard to pedestrians in the area of the use; 7. The use will not create adverse off-site impacts including noise, odors, vibrations, glare, or lights that will affect the adjoining uses in a manner that other uses allowed in the base zone would not affect the adjoining uses; 8. The use can be adequately served by sewer or septic system and water, if applicable; and 9. The length of time that the temporary building will be used is the maximum needed to address the hardship. (Ord. 20-01 §1; Ord. 18-23 §2; Ord. 17-22 §2) ■ Temporary Uses 18.440-5 Code Update:4/20 Chapter 18.510 SENSITIVE LANDS Sections: 18.510.010 Purpose 18.510.020 Applicability 18.510.030 Administrative Provisions 18.510.040 General Provisions for Special Flood Hazard Areas 18.510.050 General Provisions for Wetlands 18.510.060 Approval Period and Extensions 18.510.070 Sensitive Lands Applications 18.510.080 Development within Locally Significant Wetlands and Along the Tualatin River, Fanno Creek,Ball Creek, and the South Fork of Ash Creek 18.510.090 Density Transfer and Reductions 18.510.100 Plan Amendment Option 18.510.110 Significant Habitat Areas Map Verification Procedures 18.510.010 Purpose A. Maintain integrity of rivers, streams, and creeks. Sensitive land regulations in this chapter are intended to maintain the integrity of the rivers, streams, and creeks in Tigard by minimizing erosion, promoting bank stability, maintaining and enhancing water quality and fish and wildlife habitats, and preserving scenic quality and recreation potential. B. Implement comprehensive plan and floodplain management program. The regulations of this chapter are intended to implement the comprehensive plan and the city's floodplain management program as required by the Federal Emergency Management Agency (FEMA) through the National Flood Insurance Program,to help to preserve sensitive land areas from encroaching use, and to maintain the October 19, 2018,zero-foot rise floodway elevation. C. Implement Clean Water Service (CWS) design and construction standards. The regulations of this chapter are intended to protect the beneficial uses of water within the Tualatin River Basin in compliance with the CWS "Design and Construction Standards." D. Implement the Metro Urban Growth Management Functional Plan. The regulations of this chapter are intended to protect the beneficial water uses and functions and values of resources within water quality and flood management areas and to implement the performance standards of the Metro Urban Growth Management Functional Plan. E. Implement Statewide Planning Goal 5 (Natural Resources). The regulations in this chapter are intended to address the requirements of Statewide Planning Goal 5 (Natural Resources) and the safe harbor provisions of the Goal 5 administrative rule pertaining to wetland and riparian corridors. F. Protect public health, safety, and welfare. Sensitive land areas are designated as such to protect the public health, safety, and welfare of the community through the regulation of these sensitive land areas. G. Location. Sensitive lands are lands potentially unsuitable for development because of their location within: Sensitive Lands 18.510-1 Code Update:4/20 1. The special flood hazard area or 1996 flood inundation line,whichever is greater; 2. Natural drainageways; 3. Wetland areas that are regulated by the other agencies including the U.S. Army Corps of Engineers and the Division of State Lands, or are designated as significant wetland on the City of Tigard"Wetland and Stream Corridors Map"; 4. Steep slopes of 25 percent or greater and unstable ground; 5. Significant fish and wildlife habitat areas designated on the City of Tigard "Significant Habitat Areas Map"; and 6. Significant tree groves as shown on the "City of Tigard Significant Tree Grove Map." (Ord. 20- 01 §1; Ord. 18-21 §2; Ord. 17-22 §2) 18.510.020 Applicability A. CWS stormwater connection permit. All proposed development must obtain a stormwater connection permit from CWS in compliance with its design and construction standards. B. Allowed uses with no approval required. Except as provided below and by Subsections 18.510.020.D, F, and G of this section, the following uses are allowed uses within drainageways, slopes that are 25 percent or greater, and unstable ground when the use does not involve paving. For the purposes of this chapter, the word "structure" excludes: children's play equipment, picnic tables, sand boxes, grills, basketball hoops, and similar recreational equipment. 1. Accessory uses such as lawns, gardens, or play areas; except in a water quality sensitive area or vegetated corridor, as defined in the CWS "Design and Construction Standards" or the Statewide Goal 5 vegetated corridor established for the Tualatin River, as defined in Section 18.510.080. 2. Farm uses conducted without locating a structure within the sensitive land area; except in a water quality sensitive area or vegetative corridor, as defined in CWS "Design and Construction Standards" or the Statewide Goal 5 vegetated corridor established for the Tualatin River, as defined in Section 18.510.080. 3. Community recreation uses, excluding structures; except in a water quality sensitive area or vegetated corridor, as defined in the CWS "Design and Construction Standards" or the Statewide Goal 5 vegetated corridor established for the Tualatin River, as defined in Section 18.510.080. 4. Public and private conservation areas for water, soil, open space, forest, and wildlife resources. 5. Removal of poison oak,tansy ragwort,blackberry,English ivy, or other noxious vegetation. 6. Maintenance of floodway excluding re-channeling; except in a water quality sensitive area or vegetated corridor, as defined in the CWS "Design and Construction Standards" or the Statewide Goal 5 vegetated corridor established for the Tualatin River, as defined in Section 18.510.080. 7. Fences; except in a water quality sensitive area or vegetated corridor, as defined in the CSW "Design and Construction Standards"; or the Statewide Goal 5 vegetated corridor established for the Tualatin River, as defined in Section 18.510.080. Sensitive Lands 18.510-2 Code Update:4/20 8. Accessory structures that are less than 120 square feet in size; except in a water quality sensitive area or vegetated corridor, as defined in the CSW "Design and Construction Standards"; or the Statewide Goal 5 vegetated corridor established for the Tualatin River, as defined in Section 18.510.080. 9. Land form alterations involving up to 10 cubic yards of material; except in a water quality sensitive area or vegetated corridor, as defined in the CSW"Design and Construction Standards"; or the Statewide Goal 5 vegetated corridor established for the Tualatin River, as defined in Section 18.510.080. C. Exemptions. When performed under the direction of the city, the following are exempt from the provisions of this section: 1. Responses to public emergencies,including emergency repairs to public facilities; 2. Stream and wetlands restoration and enhancement programs, except in special flood hazard areas when meeting the definition of development in Paragraph 18.510.040.R.1; 3. Non-native vegetation removal; 4. Planting of native plant species; and 5. Routine maintenance or replacement of existing public facilities projects, except in special flood hazard areas when meeting the definition of development in Paragraph 18.510.040.R.1. D. Jurisdictional wetlands. Landform alterations or developments that are only within wetland areas that meet the jurisdictional requirements and permit criteria of the U.S. Army Corps of Engineers, Division of State Lands, CWS, or other federal, state, or regional agencies, and are not designated as significant wetlands on the City of Tigard "Wetland and Streams Corridors Map," do not require a sensitive lands review. The city will require that all necessary approvals from other agencies are obtained. All other applicable city requirements must be met, including sensitive land reviews for areas within the special flood hazard area, slopes of 25 percent or greater or unstable ground, drainageways,and wetlands that are not under state or federal jurisdiction. E. Administrative sensitive lands review. 1. Administrative sensitive lands reviews within the special flood hazard area (excluding the floodway), drainageway, slopes that are 25 percent or greater, and unstable ground are processed through a Type I procedure, as provided in Section 18.710.050, for the following actions: a. The repair, reconstruction, or improvement of an existing structure or utility, the cost of which is less than 50 percent of the market value of the structure prior to the improvement or the damage requiring reconstruction. b. Actions within the special flood hazard area: i. The construction of accessory structures up to 528 square feet in size; and ii. Any landform alternation involving up to 50 cubic yards of material. c. Actions within drainageways and slopes that are 25 percent or greater, and unstable ground: Sensitive Lands 18.510-3 Code Update:4/20 i. Minimal ground disturbances or landform alterations involving 10 to 50 cubic yards of material; and ii. Building permits for accessory structures that are 120 to 528 square feet in size. 2. The approval authority will approve, approve with conditions, or deny a sensitive land review application using the standards and approval criteria Sections 18.510.040, 18.510.050, 18.510.070 and 18.510.080. F. Sensitive lands approvals issued by the director. 1. Sensitive land reviews within drainageways, slopes that are 25 percent or greater or unstable ground, and wetland areas that are not regulated by other local, state, or federal agencies and are designated as significant wetlands on the City of Tigard "Wetland and Streams Corridors Map" are processed through a Type II procedure, as provided in Section 18.710.060, for the following actions: a. Ground disturbance or land form alterations involving more than 50 cubic yards of material; b. Repair, reconstruction, or improvement of an existing structure or utility, the cost of which equals or exceeds 50 percent of the market value of the structure prior to the improvement or the damage requiring reconstruction; c. Residential and nonresidential structures intended for human habitation; and d. Accessory structures that are greater than 528 square feet in size. 2. The approval authority will approve, approve with conditions, or deny a sensitive lands review application using the approval criteria provided in Section 18.510.070. G. Sensitive lands approvals issued by the hearings officer. 1. Sensitive land reviews within special flood hazard areas are processed through a Type III-HO procedure, as provided in Section 18.710.070, for the following actions: a. Ground disturbance or landform alterations in all floodway areas; b. Ground disturbance or landform alterations in floodway fringe locations involving more than 50 cubic yards of material; c. Repair, reconstruction, or improvement of an existing structure or utility, the cost of which equals or exceeds 50 percent of the market value of the structure prior to the improvement or the damage requiring reconstruction provided no development occurs in the floodway; d. Structures intended for human habitation; and e. Accessory structures that are greater than 528 square feet in size, outside of floodway areas. 2. The approval authority will approve, approve with conditions, or deny a sensitive lands review application using the approval criteria provided in Section 18.510.070. Sensitive Lands 18.510-4 Code Update:4/20 H. Other uses. Except as explicitly authorized by other provisions of this chapter, all other uses are prohibited on sensitive land areas. I. Nonconforming uses. A use established prior to the effective date of this title, which would be prohibited by this chapter or that would be subject to the limitations and controls imposed by this chapter, shall be considered a nonconforming use. Nonconforming uses shall be subject to the provisions of Chapter 18.50,Nonconforming Circumstances. (Ord. 20-01 §1; Ord. 18-23 §2; Ord. 18- 21 §2; Ord. 17-22 §2) 18.510.030 Administrative Provisions A. Interagency coordination. The approval authority will review all applications for a sensitive lands review to determine that all necessary approvals be obtained from those federal, state, or local governmental agencies, from which prior approval is also required. As provided in CWS "Design and Construction Standards," the necessary permits for all "development" must comply include a CWS service provider letter, which specifies the conditions and requirements necessary, if any, for an applicant to comply with CWS water quality protection standards and for the agency to issue a stormwater connection permit. B. Alteration or relocation of water course. 1. The director will notify communities adjacent to the affected area and the State Department of Land Conservation and Development prior to any alteration or relocation of a watercourse, and submit evidence of such notification to the Federal Insurance Administration; 2. The director will require that maintenance is provided within the altered or relocated portion of a watercourse so that the flood-carrying capacity is not diminished. C. Applicable standards and criteria. The approval authority will apply the standards and criteria provided in this chapter when reviewing an application for a sensitive lands review. D. Elevation and floodproofing certification. The approval authority will require that the elevations and floodproofing certification required in Subsection 18.510.030.E be provided prior to permit issuance and verification upon occupancy and final approval. E. Maintenance of records. 1. Where base flood elevation data is provided through the flood insurance study, the building official will obtain and record the actual elevation (in relation to mean sea level) of the lowest floor(including basement) of all new or substantially improved structures, and whether or not the structure contains a basement; 2. For all new or substantially improved floodproofed structures,the building official will: a. Verify and record the actual elevation(in relation to mean sea level); and b. Maintain the floodproofing certifications required in this chapter. 3. The director will maintain for public inspection all other records pertaining to the provisions in this chapter. (Ord. 18-23 §2; Ord. 18-21 §2; Ord. 17-22 §2) Sensitive Lands 18.510-5 Code Update:4/20 18.510.040 General Provisions for Special Flood Hazard Areas A. Review. The approval authority will review all applications to determine whether proposed building sites will minimize the potential for flood damage. B. Special flood hazard. The areas of special flood hazard identified by FEMA in a scientific and engineering report entitled "The Flood Insurance Study for Washington County, Oregon and Incorporated Areas effective October 19, 2018" with accompanying Flood Insurance Map is hereby adopted by reference and declared to be a part of this ordinance. C. Base flood elevation data. When base flood elevation data has not been provided in compliance with Subsection 18.510.040.B, the approval authority will obtain, review and reasonably utilize any base flood elevation and floodway data available from a federal, state or other source, in order to administer Subsections 18.510.040.M and N. D. Test of reasonableness. Where elevation data is not available either through the flood insurance study or from another authoritative source, applications for building permits will be reviewed to assure that the potential for flood damage to the proposed construction will be minimized. The test of reasonableness is a local judgment and includes use of historical data, high water marks,photographs of past flooding, etc., where available. Failure to elevate at least 2 feet above grade in these sensitive land areas may result in higher insurance rates. E. Resistant to flood damage. All new construction and substantial improvements, including manufactured homes, must be constructed with materials and utility equipment resistant to flood damage. F. Minimize flood damage. All new construction and substantial improvements, including manufactured homes,must be constructed using methods and practices that minimize flood damage. G. Equipment protection. Electrical, heating, ventilation, plumbing, and air-conditioning equipment and other service facilities must be designed or otherwise elevated or located so as to prevent water from entering or accumulating within the components during conditions of flooding. H. Water supply systems. All new and replacement water supply systems must be designed to minimize or eliminate infiltration of floodwater into the system. I. Anchoring. All new construction, all manufactured homes and substantial improvements must be anchored to prevent flotation,collapse,or lateral movement of the structure. J. Sanitary sewerage systems. New and replacement sanitary sewerage systems must be designed to minimize or eliminate infiltration of floodwater into the systems and discharge from the systems into floodwater. K. On-site waste disposal systems. On-site waste disposal systems must be located to avoid impairment to them or contamination from them during flooding. L. Residential construction. 1. New construction and substantial improvement of any residential structure, including manufactured homes, must have the lowest floor, including the basement, elevated at least 1 foot above base flood elevation; Sensitive Lands 18.510-6 Code Update:4/20 2. Fully enclosed areas below the lowest floor that are subject to flooding are prohibited or must be designed to automatically equalize hydrostatic flood forces on exterior walls by allowing for the entry and exit of floodwater. Designs for meeting this requirement must either be certified by a registered professional engineer or architect, or must meet or exceed the following minimum criteria: a. A minimum of 2 openings having a total net area of not less than 1 square inch for every square foot of enclosed area subject to flooding must be provided; b. The bottom of all openings must be no higher than 1 foot above grade; and c. Openings may be equipped with screens, louvers, or other coverings or devices,provided that they permit the automatic entry and exit of flood waters. 3. Manufactured homes must be securely anchored to an adequately anchored permanent foundation system to prevent flotation, collapse, and lateral movement during the base flood. Anchoring methods may include, but are not limited to, use of over-the-top or frame ties to ground anchors. Electrical crossover connections shall be a minimum of 12 inches above BFE. M. Nonresidential construction. New construction and substantial improvement of any commercial, industrial, or other nonresidential structure must either have the lowest floor, including basement, elevated to the level of the base flood elevation, or together with attendant utility and sanitary facilities,must: 1. Be floodproofed so that below the base flood level the structure is watertight with walls substantially impermeable to the passage of water; 2. Have structural components capable of resisting hydrostatic and hydrodynamic loads and effects of buoyancy; 3. Be certified by a registered professional engineer or architect that the design and methods of construction are in compliance with accepted standards of practice for meeting provisions of this subsection based on their development or review of the structural design, specifications and plans. Such certifications must be provided to the building official as provided in Paragraph 18.510.030.E.2; and 4. Nonresidential structures that are elevated, not floodproofed, must meet the same standards for space below the lowest floor as described in Paragraph 18.5 10.040.L.2.Applicants flood-proofing nonresidential buildings must be notified that flood insurance premiums will be based on rates that are 1 foot below the floodproofed level (e.g., a building constructed to the base flood level will be rated as 1 foot below that level). N. Subdivisions and partitions in special flood hazard areas. Subdivisions and partitions in the special flood hazard area must meet the following criteria: 1. The design must minimize the potential for flood damage; 2. Public utilities and facilities such as sewer, gas, electrical, and water systems must be located and constructed so as to minimize flood damage; 3. Adequate drainage must be provided to reduce exposure to flood damage; and Sensitive Lands 18.510-7 Code Update:4/20 4. For subdivisions or partitions that contain more than 50 lots or 5 acres and where base flood elevation data is not available from the Federal Emergency Management Agency (FEMA) or another authoritative source,the applicant must generate base flood elevation data to be reviewed as part of the application. O. Recreational vehicles. Recreational vehicles placed on sites within Zones Al-A30, AH, and AE on the flood insurance rate map either: 1. Are on the site for fewer than 180 consecutive days; 2. Are fully licensed and ready for highway use: a. Are on wheels or jacking system, b. Are attached to the site only by quick disconnect type utilities and security devices, and have no permanently attached additions,or c. Meet the requirements of Subsections 18.510.040.E, F, I, and L and the elevation and anchoring requirements for manufactured homes. P. Critical facilities. Construction of new critical facilities must be, to the extent possible, located outside of the limits of the special flood hazard area. Construction of new critical facilities are allowed within the special flood hazard area if no feasible alternative site is available. Critical facilities constructed within the special flood hazard area must have the lowest floor elevated 3 feet above base flood elevation or to the height of the 500-year flood, whichever is higher. Access to and from the critical facility should also be protected to the height utilized above. Floodproofing and sealing measures must be taken to ensure that toxic substances will not be displaced by or released into floodwaters. Access routes elevated to or above the level of the base flood elevation must be provided to all critical facilities to the extent possible. Q. Severability. If any section, clause, sentence, or phrase of the ordinance is held to be invalid or unconstitutional by any court of competent jurisdiction, then said holding will in no way affect the validity of the remaining portions of this chapter. R. Definitions. The following definitions are only applicable to this chapter: 1. Basement-Any area of the building having its floor subgrade(below ground level)on all sides. 2. Development - Any man-made change to improved or unimproved real estate, including but not limited to buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations or storage of equipment or materials. 3. Elevated Building — For insurance purposed, a non-basement building and that has its lowest elevated floor raised above ground level by foundation walls, shear walls, posts, piers, pilings, or columns. 4. Flood Insurance Rate Map (FIRM) — The official map of a community, on which the Federal Insurance Administrator has delineated both the special hazard areas and the risk premium zones applicable to the community. A FIRM that has been made available digitally is called a Digital Flood Insurance Rate Map (DFIRM). Sensitive Lands 18.510-8 Code Update:4/20 5. Flood Insurance Study (FIS) - The official report provided by the Federal Insurance Administration that includes flood profiles, the Flood Boundary-Floodway Map, and the water surface elevation of the base flood. 6. Lowest Floor- The lowest floor of the lowest enclosed area(including basement). An unfinished or flood resistant enclosure,usable solely for parking of vehicles,building access or storage in an area other than a basement area is not considered a building's lowest floor; Provided, that such enclosure is not built so as to render the structure in violation of the applicable non-elevation design requirements of Section 60.3. 7. Manufactured Home - A structure, transportable in one or more sections, which is built on a permanent chassis and is designed for use with or without a permanent foundation when attached to the required utilities. The term"manufactured"home does not include a"recreational vehicle." 8. Manufactured Home Park or Subdivision - A parcel (or contiguous parcels) of land divided into two or more manufactured home lots for rent or sale 9. New Construction - For the purposes of determining insurance rates, structures for which the "start of construction" commenced on or after the effective date of an initial FIRM or after December 31, 1974, whichever is later, and includes any subsequent improvements to such structures. For floodplain management purposes, new construction means structures for which the start of construction commenced on or after the effective date of a floodplain management regulation adopted by a community and includes any subsequent improvements to such structures. 10. Recreational Vehicle - a vehicle which is: (a) Built on a single chassis; (b) 400 square feet or less when measured at the largest horizontal projection; (c) Designed to be self-propelled or permanently towable by a light duty truck; and(d) Designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational, camping,travel, or seasonal use. 11. Start of Construction - Includes substantial improvement, and means the date the building permit was issued, provided the actual start of construction, repair, reconstruction, placement or other improvement was within 180 days of the permit date. The actual start means either the first placement of permanent construction of a structure on a site, such as the pouring of slab or footings, the installation of piles, the construction of columns, or any work beyond the stage of excavation; or the placement of a manufactured home on a foundation. Permanent construction does not include land preparation, such as clearing, grading and filling; nor does it include the installation of streets or walkways; nor does it include excavation for a basement, footings, piers, or foundations or the erection of temporary forms; nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main structure. For a substantial improvement, the actual start of construction means the first alteration of any wall, ceiling, floor, or other structural part of a building, whether or not that alteration affects the external dimensions of the building. 12. Structure - for floodplain management purposes, a walled and roofed building, including a gas or liquid storage tank,that is principally above ground. 13. Substantial Damage - means damage of any origin sustained by a structure whereby the cost of restoring the structure to its before-damaged condition would equal or exceed 50 percent of the market value of the structure before the damage occurred. Sensitive Lands 18.510-9 Code Update:4/20 14. Substantial Improvement-Any reconstruction,rehabilitation, addition, or other improvement of a structure,the cost of which equals or exceeds 50 percent of the market value of the structure either: a. Before the"start of construction"of the improvement; or b. If the structure has been damaged and is being restored,before the damage occurred. c. The term does not,however, include either: i. Any project for improvement of a structure to correct existing violations of state or local health, sanitary, or safety code specifications which have been identified by the local code enforcement official and which are the minimum necessary to assure 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, provided that the alteration will not preclude the structure's designation as a"historic structure." 15. Violation - The failure of a structure or other development to be fully compliant with the community's flood plain management regulations. A structure or other development without the elevation certificate, other certifications, or other evidence of compliance required in Section 60.3(b)(5), (c)(4), (c)(10), (d)(3), (e)(2), (e)(4), or (e)(5) is presumed to be in violation until such time as that documentation is provided. S. Disclaimer of liability. This section provides a reasonable degree of flood protection but does not imply total flood protection. T. Greater restriction. This section does not in any way impair or remove the necessity of compliance with any other applicable laws, ordinances, regulations, etc. Where this section imposes a greater restriction,the provisions of this section govern. U. New technical data. Notify FEMA within 6 months of project completion when an applicant has obtained a Conditional Letter of Map Revision(CLOMR) from FEMA, or when development altered a watercourse, modified floodplain boundaries, or modified Base Flood Elevations. This notification shall be provided as a Letter of Map Revision (LOMR). (Ord. 20-01 §1; Ord. 18-23 §2; Ord. 18-21 §2; Ord. 17-22 §2) 18.510.050 General Provisions for Wetlands A. Code compliance requirements. Wetland regulations apply to those areas classified as significant on the City of Tigard "Wetland and Streams Corridors Map," and to a vegetated corridor ranging from 25 to 200 feet wide, measured horizontally, from the defined boundaries of the wetland, as provided in"Table 3.1,Vegetated Corridor Widths," and"Appendix C,Natural Resource Assessments," of the CWS "Design and Construction Standards." Wetland locations may include but are not limited to those areas identified as wetlands in "Wetland Inventory and Assessment for the City of Tigard, Oregon,"Fishman Environmental Services, 1994. B. Delineation of wetland boundaries. Precise boundaries may vary from those shown on wetland maps; specific delineation of wetland boundaries may be necessary. Wetland delineation will be done by qualified professionals at the applicant's expense. (Ord. 18-21 §2; Ord. 17-22 §2) Sensitive Lands 18.510-10 Code Update:4/20 18.510.060 Approval Period and Extensions Expirations and extensions of approvals are provided in Subsection 18.20.040.G. (Ord. 18-28 §1; Ord. 18-23 §2; Ord. 18-21 §2; Ord. 17-22 §2) 18.510.070 Sensitive Lands Applications A. Approval required. An applicant, who wishes to develop within a sensitive area, as defined in this chapter, must obtain approval in certain situations. Depending on the nature and intensity of the proposed activity within a sensitive area, either a Type II or Type III review is required, as provided in Subsections 18.510.020.F and G. The approval criteria for different types of sensitive areas are provided in Subsections 18.510.070.B—E. B. Within the special flood hazard area. The approval authority will approve or approve with conditions an application for sensitive lands review within the special flood hazard area when all of the following criteria are met: 1. Compliance with all of the applicable requirements of this title; 2. Land form alterations must preserve or enhance the special flood hazard area storage function and maintenance of the zero-foot rise floodway must not result in any encroachments, including fill, new construction, substantial improvements and other development unless certified by a registered professional engineer that the encroachment will not result in any increase in flood levels during the base flood discharge; a. If in the floodway and no-rise requirement is met, the development will comply with all applicable flood hazard reduction provisions. 3. Land form alterations or developments within the special flood hazard area are allowed only in areas designated as commercial or industrial on the comprehensive plan land use map, except that alterations or developments associated with community service uses, utilities, or public support facilities are allowed on residentially zoned properties subject to applicable zoning standards; 4. Where a land form alteration or development is allowed to occur within the special flood hazard area it will not result in any increase in the water surface elevation of the 100-year flood; 5. The land form alteration or development plan includes a pedestrian or bicycle pathway in compliance with the adopted Transportation System Plan or Greenways Trail System Master Plan,unless the construction of said pathway is deemed as untimely; 6. Pedestrian or bicycle pathway projects within the special flood hazard area must include a wildlife habitat assessment that shows the proposed alignment minimizes impacts to significant wildlife habitat while balancing the community's recreation and environmental educational goals; 7. The necessary U.S. Army Corps of Engineers and State of Oregon Land Board, Division of State Lands,and CWS permits and approvals must be obtained; and 8. Where land form alterations or development are allowed within and adjacent to the special flood hazard area, the city will require the consideration of dedication of sufficient open land area within and adjacent to the special flood hazard area in compliance with the comprehensive plan. This area must include portions of a suitable elevation for the construction of a pedestrian or Sensitive Lands 18.510-11 Code Update:4/20 bicycle pathway within the special flood hazard area in compliance with the adopted Transportation System Plan or Greenways Trail System Master Plan. C. With steep slopes. The approval authority will approve or approve with conditions an application for a sensitive lands review on slopes of 25 percent or greater or unstable ground when all of the following criteria are met: 1. Compliance with all of the applicable requirements of this title; 2. The extent and nature of the proposed land form alteration or development will not create site disturbances to an extent greater than that required for the use; 3. The proposed land form alteration or development will not result in erosion, stream sedimentation, ground instability, or other adverse on-site and off-site effects or hazards to life or property; 4. The structures are appropriately sited and designed to ensure structural stability and proper drainage of foundation and crawl space areas for development with any of the following soil conditions: wet or high water table; high shrink-swell capability; compressible or organic; and shallow depth-to-bedrock; and 5. Where natural vegetation has been removed due to land form alteration or development, the areas not covered by structures or impervious surfaces will be replanted to prevent erosion in compliance with CWS "Design and Construction Standards". D. Within drainageways. The approval authority will approve or approve with conditions an application for a sensitive lands review within drainageways when all of the following criteria are met: 1. Compliance with all of the applicable requirements of this title; 2. The extent and nature of the proposed land form alteration or development will not create site disturbances to an extent greater than that required for the use; 3. The proposed land form alteration or development will not result in erosion, stream sedimentation, ground instability, or other adverse on-site and off-site effects or hazards to life or property; 4. The water flow capacity of the drainageway is not decreased; 5. Where natural vegetation has been removed due to land form alteration or development,the areas not covered by structures or impervious surfaces will be replanted to prevent erosion in compliance with CWS "Design and Construction Standards"; 6. The drainageway will be replaced by a public facility of adequate size to accommodate maximum flow in compliance with Clean Water Services requirements and the city's adopted stormwater master plan; 7. The necessary U.S. Army Corps of Engineers and State of Oregon Land Board, Division of State Lands,and CWS approvals must be obtained; 8. Where land form alterations or development are allowed within and adjacent to the special flood Sensitive Lands 18.510-12 Code Update:4/20 hazard area, the city will require the consideration of dedication of sufficient open land area within and adjacent to the special flood hazard area in compliance with the comprehensive plan. This area will include portions of a suitable elevation for the construction of a pedestrian or bicycle pathway within the special flood hazard area in compliance with the adopted pedestrian bicycle pathway plan. E. Within wetlands. The approval authority will approve or approve with conditions an application for a sensitive lands review within wetlands when all of the following criteria are met: 1. Compliance with all of the applicable requirements of this title; 2. The proposed land form alteration or development is neither on wetland in an area designated as significant wetland on the comprehensive plan special flood hazard area and wetland map nor is within the vegetative corridor as provided in "Table 3.1 Vegetative Corridor Widths" and "Appendix C: Natural Resources Assessments" of the CWS "Design and Construction Standards,"for such a wetland; 3. The extent and nature of the proposed land form alteration or development will not create site disturbances to an extent greater than the minimum required for the use; 4. Any encroachment or change in on-site or off-site drainage that would adversely impact wetland characteristics have been mitigated; 5. Where natural vegetation has been removed due to land form alteration or development, erosion control provisions of the Surface Water Management program of Washington County must be met and areas not covered by structures or impervious surfaces will be replanted in like or similar species in compliance with CWS "Design and Construction Standards"; 6. All other sensitive lands requirements of this chapter have been met; 7. The necessary U.S. Army Corps of Engineers and State of Oregon Land Board, Division of State Lands, and CWS approvals must be obtained; 8. Physical limitations and natural hazards, special flood hazard area and wetlands, natural areas, and parks,recreation and open space policies of the comprehensive plan have been met. (Ord. 18- 28 §1; Ord. 18-23 §2; Ord. 18-21 §2; Ord. 17-22 §2) 18.510.080 Special Provisions within Locally Significant Wetlands and Along the Tualatin River,Fanno Creek,Ball Creek, and the South Fork of Ash Creek A. In order to address the requirements of Statewide Planning Goal 5 (Natural Resources) and the safe harbor provisions of the Goal 5 administrative rule (OAR 666-023-0030) pertaining to wetlands, all wetlands classified as significant on the City of Tigard "Wetlands and Streams Corridors Map" are protected. No land form alterations or developments are allowed within or partially within a significant wetland, except as allowed or approved in compliance with Section 18.510.100. B. In order to address the requirements of Statewide Planning Goal 5 (Natural Resources) and the safe harbor provisions of the Goal 5 administrative rule (OAR 660-023-0030) pertaining to riparian corridors, a standard setback distance or vegetated corridor area, measured horizontally from and parallel to the top of the bank, is established for the Tualatin River, Fanno Creek, Ball Creek, and the South Fork of Ash Creek. Sensitive Lands 18.510-13 Code Update:4/20 1. The standard width for "good condition" vegetated corridors along the Tualatin River is 75 feet, unless wider in compliance with CWS "Design and Construction Standards," or modified in compliance with Section 18.510.100. If all or part of a locally significant wetland (a wetland identified as significant on the City of Tigard"Wetlands and Streams Corridors Map") is located within the 75-foot setback area, the vegetated corridor is measured from the upland edge of the associated wetland. 2. The standard width for"good condition"vegetated corridors along Fanno Creek, Ball Creek, and the South Fork of Ash Creek is 50 feet, unless wider in compliance with CWS "Design and Construction Standards," or modified in compliance with Section 18.510.100. If all or part of a locally significant wetland (a wetland identified as significant on the City of Tigard "Wetlands and Streams Corridors Map") is located within the 50-foot setback area, the vegetated corridor is measured from the upland edge of the associated wetland. 3. The minimum width for"marginal or degraded condition"vegetated corridors along the Tualatin River, Fanno Creek, Ball Creek, and the South Fork of Ash Creek is 50 percent of the standard width, unless wider in compliance with CWS "Design and Construction Standards," or modified in compliance with Section 18.510.100. 4. The determination of corridor condition is based on the natural resource assessment guidelines as provided in the CWS "Design and Construction Standards." 5. The standard setback distance or vegetated corridor area applies to all development proposed on property located within or partially within the vegetated corridors, except as allowed below: a. Roads, pedestrian or bike paths crossing the vegetated corridor from one side to the other in order to provide access to the sensitive area or across the sensitive area, as approved by the city in compliance with Section 18.510.070 and by CWS "Design and Construction Standards"; b. Utility or service provider infrastructure construction (i.e. storm, sanitary sewer, water, phone, gas, cable, etc.), if approved by the city and CWS; c. A pedestrian or bike path, not exceeding 10 feet in width and in compliance with the CWS "Design and Construction Standards"; d. Grading for the purpose of enhancing the vegetated corridor, as approved by the city and CWS; e. Measures to remove or abate hazards,nuisances,or fire and life safety violations, as approved by the regulating jurisdiction; f. Enhancement of the vegetated corridor for water quality or quantity benefits, fish, or wildlife habitat, as approved by the city and CWS; g. Measures to repair, maintain, alter, remove, add to, or replace existing structures, roadways, driveways, utilities, accessory uses, or other developments provided they are in compliance with city and CWS regulations, and do not encroach further into the vegetated corridor or sensitive area than allowed by the CWS "Design and Construction Standards." 6. Land form alterations or developments located within or partially within the Goal 5 safeharbor Sensitive Lands 18.510-14 Code Update:4/20 setback or vegetated corridor areas established for the Tualatin River, Fanno Creek, Ball Creek, and the South Fork of Ash Creek that meet the jurisdictional requirements and permit criteria of the CWS, U.S. Army Corps of Engineers, Department of State Lands, or other federal, state, or regional agencies, are not subject to this subsection B, except where the: a. Land form alterations or developments are located within or partially within a good condition vegetated corridor, as provided in Paragraphs 18.510.080.B.1 and 2; b. Land form alterations or developments are located within or partially within the minimum width area established for marginal or a degraded condition vegetated corridor, as provided in Paragraph 18.510.080.B.3. These exceptions reflect instances of the greater protection of riparian corridors provided by the safe harbor provisions of the Goal 5 administrative rule. (Ord. 18-23 §2; Ord. 18-21 §2; Ord. 17- 22 §2) 18.510.090 Density Transfer and Reductions A. Density transfer. Required residential density for apartments, rowhouses, and single detached houses may be transferred from sensitive lands using the following methods: 1. The units per acre calculated by subtracting land areas listed in Subparagraphs 18.40.020.A.1.a—c from the gross acres may be transferred to the remaining buildable land areas subject to the following limitations: a. The number of units that can be transferred is limited to the number of units that would have been allowed on 25 percent of the unbuildable area if not for these regulations; and b. The total number of units per site does not exceed 125 percent of the maximum number of units per gross acre allowed. 2. Units per acre calculated by subtracting land areas listed in Subparagraph 18.40.020.A.1.d from the gross acres may be transferred to the remaining buildable land areas on land zoned R-12, R- 25, and R-40 subject to the following limitations: a. The number of units that can be transferred is limited to the number of units that would have been allowed on the wetland area,if not for these regulations; b. The total number of units per site does not exceed the maximum number of units per gross acre allowed. B. Density reduction. The minimum number of residential units required in a development may be reduced if necessary to ensure that impacts on habitat areas are minimized. The amount of reduction in the minimum density is calculated by subtracting the square footage of inventoried significant habitat that is permanently protected from the total square footage used to calculate the minimum density requirement. The approval authority may impose any reasonable condition necessary to mitigate identified impacts resulting from development on otherwise unbuildable land. The approval authority will approve, approve with conditions, or deny the density reduction provided that the proposal will directly result in the protection of significant habitat areas through placement in a non-buildable tract or protected with a restrictive easement. (Ord. 18-28 §1; Ord. 18-23 §2; Ord. 18- Sensitive Lands 18.510-15 Code Update:4/20 21 §2; Ord. 17-22 §2) 18.510.100 Plan Amendment Option A. Comprehensive plan amendment. Any owner of property affected by the Goal 5 safeharbor (1) protection of significant wetlands or (2) vegetated areas established for the Tualatin River, Fanno Creek, Ball Creek, and the South Fork of Ash Creek may apply for a comprehensive plan amendment as provided in Chapter 18.790, Text and Map Amendments. This amendment must be based on a specific development proposal. The effect of the amendment would be to remove Goal 5 protection from the property, but not to remove the requirements related to the CWS Stormwater Connection Permit, which must be addressed separately through an alternatives analysis, as described in Section 3.02.5 of the CWS "Design and Construction Standards." The applicant must demonstrate that such an amendment is justified by either of the following: B. ESEE analysis. The applicant may prepare an environmental, social, economic and energy (ESEE) consequences analysis prepared in compliance with OAR 660-23-040. 1. The analysis must consider the ESEE consequences of allowing the proposed conflicting use, considering both the impacts on the specific resource site and the comparison with other comparable sites within the Tigard Planning Area; 2. The ESEE analysis must demonstrate to the satisfaction of the city council that the adverse economic consequences of not allowing the conflicting use are sufficient to justify the loss, or partial loss, of the resource; 3. In particular, ESEE analysis must demonstrate why the use cannot be located on buildable land, consistent with the provisions of this chapter, and that there are no other sites within the Tigard Planning Area that can meet the specific needs of the proposed use; 4. The ESEE analysis must be prepared by a team consisting of a wildlife biologist or wetlands ecologist and a land use planner or land use attorney, all of whom are qualified in their respective fields and experienced in the preparation of Goal 5 ESEE analysis; 5. If the application is approved, then the ESEE analysis must be incorporated by reference into the Tigard Comprehensive Plan, and the "Tigard Wetland and Stream Corridor Map" be amended to remove the site from the inventory. C. Demonstration of change. In this case, the applicant must demonstrate that the sensitive area site no longer meets the applicable significance threshold defined by the Goal 5 administrative rule, relative to other comparable resources within the Tigard Planning Area. 1. Significance thresholds are described and applied in the addendum to the City of Tigard Local Wetlands Inventory adopted by reference as part of this chapter. 2. To approve this claim, the city council must find that the decline in identified resource values did not result from a violation of this title. (Ord. 18-23 §2; Ord. 18-21 §2; Ord. 17-22 §2) 18.510.110 Significant Habitat Areas Map Verification Procedures A. Applicants who concur that the significant habitat areas map is accurate must submit the following information to serve as the basis for verifying the boundaries of inventoried habitat areas: Sensitive Lands 18.510-16 Code Update:4/20 1. Submission requirements. a. A detailed property description; b. A scale map of the property showing the locations of significant habitat areas, any existing built area, wetlands or water bodies, Clean Water Services' vegetated corridor, the special flood hazard area,the 1996 flood inundation line, and contour lines (2-foot intervals for slope less than 15 percent and 10-foot intervals for slopes 15 percent or greater); and c. A current aerial photograph of the property. 2. The approval authority's decision will be based on consideration of submitted information, site visit information, and other factual information. Should the applicant disagree with the determination on the location of significant habitat areas on the property, the precise boundaries must be verified by the applicant in compliance with the detailed delineation methodology outlined in Subsection 18.510.110.B. B. Applicants who believe that the map is inaccurate must submit a detailed delineation conducted by a qualified professional in compliance with the following methodology to verify the precise boundaries of the inventoried habitat areas by means of a Type II procedure. 1. Verifying boundaries of inventoried riparian habitat. Locating habitat and determining its riparian habitat class is a 4-step process: a. Locate the water feature that is the basis for identifying riparian habitat. i. Locate the top of bank of all streams, rivers, and open water within 200 feet of the property. ii. Locate the special flood hazard area or 1996 flood inundation line, whichever is greater, within 100 feet of the property. iii. Locate all wetlands within 150 feet of the property. Identified wetlands on the property must be further delineated consistent with methods currently accepted by the Oregon Division of State Lands and the U.S. Army Corps of Engineers. b. Identify the vegetative cover status of all areas on the property that are within 200 feet of the top of bank of streams, rivers, and open water, are wetlands or are within 150 feet of wetlands, and are flood areas and within 100 feet of flood areas. i. Vegetative cover status must be as identified on the metro vegetative cover map. ii. The vegetative cover status of a property may be adjusted only if(a) the property was developed prior to the time the regional program was approved; or(b) an error was made at the time the vegetative cover status was determined. To assert the latter type of error, applicants must submit an analysis of the vegetative cover on their property using summer 2002 aerial photographs and the following definition of vegetative cover types in Table 18.510.1. Sensitive Lands 18.510-17 Code Update:4/20 Table 18.510.1 Definitions of Vegetative Cover Types Definition Low structure vegetation or Areas that are part of a contiguous area 1 acre or larger of grass,meadow, open soils croplands, or areas of open soils located within 300 feet of a surface stream (low structure vegetation areas may include areas of shrub vegetation less than 1 acre in size if they are contiguous with areas of grass,meadow, croplands, orchards, Christmas tree farms,holly farms, or areas of open soils located within 300 feet of a surface stream and together form an area of 1 acre in size or larger). Woody vegetation Areas that are part of a contiguous area 1 acre or larger of shrub or open or scattered forest canopy(less than 60 percent crown closure)located within 300 feet of a surface stream. Forest canopy Areas that are part of a contiguous grove of trees 1 acre or larger in area with approximately 60 percent or greater crown closure, irrespective of whether the entire grove is within 200 feet of the relevant water feature. c. Determine whether the degree that the land slope upward from all streams, rivers, and open water within 200 feet of the property is greater than or less than 25 percent (using the vegetated corridor measurement methodology as provided in Clean Water Services Design and Construction Standards; and d. Identify the riparian habitat classes applicable to all areas on the property using Table 18.510.2 and Table 18.510.3. Table 18.510.2 Method for Locating Boundaries of Class I and II Riparian Areas Distance in feet Development/Vegetation Status[1] from water Developed areas not Low structure Woody vegetation Forest canopy feature providing vegetative vegetation or open (shrub and scattered (closed to open cover soils forest canopy) forest canopy) Surface streams 0-50 Class II Class I Class I Class I 50-100 Class II [2] Class I Class I 100-150 Class II [2] Class II [2] Class II [2] if slope>25 percent if slope>25 percent 150-200 Class II [2] Class II [2] Class II [2] if slope>25 percent if slope>25 percent if slope>25 percent Wetlands(Wetland feature itself is a Class I Riparian Area) 0-100 Class II [2] Class I Class I 100-150 Class II [2] Flood Areas(Undeveloped portion of flood area is a Class I Riparian Area) 0-100 Class II [2] Class II [2] [1] The vegetative cover type assigned to any particular area was based on 2 factors: the type of vegetation observed in aerial photographs and the size of the overall contiguous area of vegetative cover to which a particular piece of vegetation belonged. As an example of how the categories were Sensitive Lands 18.510-18 Code Update:4/20 assigned, in order to qualify as a"forest canopy" the forested area had to be part of a larger patch of forest land at least 1 acre in size. [2] Areas that have been identified as habitats of concern, as designated on the Metro Habitats of Concern Map, will be treated as Class I riparian habitat areas in all cases, subject to the provision of additional information that establishes that they do not meet the criteria used to identity habitats of concern as described in Metro's Technical Report for Fish and Wildlife. Examples of habitats of concern include: Oregon white oak woodlands, bottomland hardwood forests, wetlands, native grasslands,riverine islands or deltas,and important wildlife migration corridors. Table 18.510.3 Tualatin Basin"Limit"Decision [1] Conflicting Use Category Resource High Intensity Future Urban Non-Urban Category Urban Other Urban (2002 and 2004 ma Jima (outside UGB) additions) Class I&II Riparian Moderately Limit Strictly Limit Strictly Limit N/A inside vegetated corridor Class I&II Riparian Moderately Limit Moderately Limit Moderately Limit Moderately Limit outside vegetated corridor All other Resource Areas Lightly Limit Lightly Limit Lightly Limit Lightly Limit Inner Impact Area Lightly Limit Lightly Limit Lightly Limit Lightly Limit Outer Impact Area Lightly Limit Lightly Limit Lightly Limit Lightly Limit [1] Vegetated corridor standards are applied consistently throughout the District; in HIU areas they supersede the"limit"decision. 2. Verifying boundaries of inventoried upland habitat was identified based on the existence of contiguous patches of forest canopy, with limited canopy openings. The "forest canopy" designation is made based on analysis of aerial photographs as part of determining the vegetative cover status of land within the region. Upland habitat is as identified on the Significant Habitat Areas Map unless corrected as provided in this subsection. a. The only allowed corrections to the vegetative cover status of a property area as follows: i. To correct errors made when the vegetative status of an area was determined based on analysis of the aerial photographs used to inventory the habitat. The perimeter of an area delineated as "forest canopy" on the Metro Vegetative Cover Map may be adjusted to more precisely indicate the dripline of the trees within the canopied area provided that no areas providing greater than 60 percent canopy crown closure are de-classified from the "forest canopy" designation. To assert such errors, applicants must submit an analysis of the vegetative habitat cover on their property using the aerial photographs that were used to inventory the habitat and the definitions of the different vegetative cover types provided in Table 18.510.1; and ii. To remove tree orchards and Christmas tree farms from inventoried habitat; provided, however, that Christmas tree farms where the trees were planted prior to 1975 and have Sensitive Lands 18.510-19 Code Update:4/20 not been harvested for sale as Christmas trees may not be removed from the habitat inventory. b. If the vegetative cover status of any area identified as upland habitat is corrected in compliance with Subparagraph 18.510.110.B.2.a to change the status of an area originally identified as "forest canopy," then such area will not be considered upland habitat unless it remains part of a forest canopy opening less than 1 acre in area completely surrounded by an area of contiguous forest canopy. (Ord. 18-23 §2; Ord. 18-21 §2; Ord. 17-22 §2) ■ Sensitive Lands 18.510-20 Code Update:4/20 Chapter 18.520 SIGNIFICANT TREE GROVES Sections: 18.520.010 Purpose 18.520.020 Applicability 18.520.030 General Provisions 18.520.040 Approval Process 18.520.050 Approval Criteria 18.520.060 Flexible Standards 18.520.010 Purpose The purpose of this chapter is to implement the comprehensive plan goals and policies related to urban forestry and provide flexible standards to incentivize the preservation of significant tree groves. (Ord. 18- 28 §1; Ord. 17-22 §2) 18.520.020 Applicability This chapter applies to all sites that contain more than 10,000 square feet of tree canopy within a mapped significant tree grove, as shown on the City of Tigard Significant Tree Grove Map, but not within any sensitive lands identified in Paragraphs 18.510.010.G.1 through 3. (Ord. 18-28 §1; Ord. 17-22 §2) 18.520.030 General Provisions A. An applicant may request to use one or more of the flexible standards provided by this chapter when submitting a land use application for development. A separate adjustment application is not required. B. The standards in this chapter govern in the event of a conflict, except where the approval authority determines that application of a flexible standard would endanger public health, safety, or welfare. (Ord. 18-28 §1) 18.520.040 Approval Process The request to use flexible standards will be processed through the review procedure associated with the specific land use application submitted. (Ord. 18-28 §1) 18.520.050 Approval Criteria The approval authority must find that the request to use flexible standards is the least required to preserve the significant tree grove and an instrument or action acceptable to the city permanently preserves the significant tree grove, such as a conservation easement, open space tract, deed restriction, or dedication. (Ord. 18-28 §1) 18.520.060 Flexible Standards A. Minimum residential density. The minimum density required for apartments, rowhouses, and single detached houses may be reduced to preserve a significant tree grove. The amount of reduction in minimum density is calculated as provided in Section 18.40.130. Reduction of minimum density is allowed provided that: Significant Tree Groves 18.520-1 Code Update:4/20 1. At least 50 percent of the significant tree grove's canopy within the development site is preserved; and 2. The project arborist or landscape architect certifies the preservation is such that the connectivity and viability of the remaining significant tree grove is maximized while balancing the significant tree grove preservation considerations in the Urban Forestry Manual. B. Residential density transfer. Up to 100 percent density transfer is allowed for apartments and single detached houses from the preserved portion of a significant tree grove within a development site to the buildable area of the development site. 1. Density may be transferred provided that: a. The standards in Table 18.520.1 are met with the preservation of the corresponding percent of the significant tree grove's canopy within the development site; b. The project arborist or landscape architect certifies the preservation is such that the connectivity and viability of the remaining significant tree grove is maximized while balancing the significant tree grove preservation considerations in the Urban Forestry Manual; and c. Maximum density for the net site area including the significant tree grove is not exceeded. 2. The proposed development may include the following: a. Zero lot line single detached houses for the portion of the development site that receives the density transfer. b. The following variations from the base zone development standards are allowed: i. Up to 25 percent reduction of minimum lot width; ii. Up to 10-foot minimum front setback; iii. Up to 33 percent reduction of side and rear setbacks; iv. Up to 4-foot minimum garage setback; and v. Up to 20 percent increase in maximum height. c. When the portion of the development site that receives the density transfer abuts a developed residential zone with the same or lower density, the average area of abutting perimeter lots must be at least be 75 percent of the minimum lot area of the applicable residential zone. Significant Tree Groves 18.520-2 Code Update:4/20 Table 18.520.1 Density Transfer for Preservation of Significant Tree Groves Detached Sq.Ft. Attached Sq.Ft. Duplex Multifamily Residential Percent Tree Grove Percent Tree Grove Percent Tree Grove Percent Tree Zone Canopy Preserved Canopy Canopy Grove Canopy /Min.Lot or Unit Preserved/Min.Lot Preserved/Min.Lot Preserved/Min. A Area or Unit Area or Unit Area Unit Area R-1 25-49%/22,500 sq ft (30,000 sq ft 50-74%/15,000 sq ft Not Allowed Not Allowed Not Allowed per unit) 75-100%/7,500 sq ft R-2 25-49%/15,000 sq ft Allowed with 75%or (20,000 sq ft 50-74%/10,000 sq ft greater tree grove per unit) 75-100%/5,000 sq ft canopy Not Allowed Not Allowed preservation/5,000 sq ft R-3.5 25-49%/7,500 sq ft Allowed with 75%or Allowed with 75%or (10,000 sq ft 50-74%/5,000 sq ft greater tree grove greater tree grove Not Allowed per unit) 75-100%/2,500 sq ft canopy preservation canopy preservation 2,500 sq ft /5,000 sq ft R-4.5 25-49%/5,625 sq ft Allowed with 75%or Allowed with 75%or (7,500 sq ft 50-74%/3,750 sq ft greater tree grove greater tree grove per unit) 75-100%/1,875 sq ft canopy canopy preservation Not Allowed preservation/1,875 sq /3,750 sq ft ft R-7 25-49%/3,750 sq ft Allowed with 75%or Allowed with 75%or (5,000 sq ft 50-74%/2,500 sq ft greater tree grove greater tree grove Not Allowed per unit) 75-100%/1,250 sq ft canopy preservation canopy preservation /1,250 sq ft /2,500 sq ft R-12 Apartment and single detached house transfer allowed at the following densities: (3,050 sq ft 25-49%tree grove canopy preservation/2,288 sq ft/unit per unit) 50-74%tree grove canopy preservation/1,525 sq ft/unit 75-100%tree grove canopy preservation/763 sq ft/unit R-25 Apartment and single detached house transfer allowed at the following densities: (1,480 sq ft 25-49%tree grove canopy preservation/1,110 sq ft/unit per unit) 50-74%tree grove canopy preservation/5,200 sq ft/unit 75-100%tree grove canopy preservation/370 sq ft/unit R-40 Apartments and single detached houses allowed with no upper density limit. (None) C. Commercial development. Adjustments to commercial development standards in Table 18.320.1 of up to 50 percent reduction in minimum setbacks and up to 20 feet additional building height are allowed provided that: 1. At least 50 percent of a significant tree grove's canopy within a development site is preserved; 2. The project arborist or landscape architect certifies the preservation is such that the connectivity and viability of the remaining significant tree grove is maximized while balancing the significant tree grove preservation considerations in the Urban Forestry Manual; Significant Tree Groves 18.520-3 Code Update:4/20 3. Applicable screening standards in Section 18.420.050 are met; 4. Maximum floor area ratio is not exceeded in the MUE zone as provided in Table 18.320.1; and 5. Any setback reduction is not adjacent to a residential zone. D. Industrial development. Adjustments to development standards in industrial zones in Table 18.330.1 of up to 50 percent reduction in minimum setbacks and up to 20 feet additional building height are allowed provided that: 1. At least 50 percent of a significant tree grove's canopy within a development site is preserved; 2. The project arborist or landscape architect certifies the preservation is such that the connectivity and viability of the remaining significant tree grove is maximized while balancing the significant tree grove preservation considerations in the Urban Forestry Manual; 3. Applicable screening standards in Section 18.420.050 are met; and 4. Any setback reduction is not adjacent to a residential zone. E. Residential development. The requirement for 15 percent effective tree canopy cover per lot or tract in the R-1,R-2, R-3.5,R-4.5, and R-7 zones is not required provided that: 1. At least 50 percent of a significant tree grove's canopy within a development site is preserved; 2. The project arborist or landscape architect certifies the preservation is such that the connectivity and viability of the remaining significant tree grove is maximized while balancing the significant tree grove preservation considerations in the Urban Forestry Manual; and 3. The applicable standard percent effective tree canopy cover in Section 10, part 3, item N of the Urban Forestry Manual will be provided for the overall development site(excluding streets). F. Public improvements. Adjustments to Chapter 18.910, Improvement Standards, and Paragraph 18.420.060.B.5, which contains street tree standards, are allowed subject to city engineer approval provided that the adjustment will provide preservation and help maximize the connectivity and viability of a significant tree grove while balancing the significant tree grove preservation considerations in the Urban Forestry Manual. (Ord. 20-01 §1; Ord. 18-28 §1; Ord. 18-23 §2; Ord. 17- 22 §2) ■ Significant Tree Groves 18.520-4 Code Update:4/20 Chapter 18.620 BRIDGEPORT VILLAGE PLAN DISTRICT Sections: 18.620.010 Purpose 18.620.020 Applicability 18.620.030 Uses 18.620.040 Development Standards 18.620.050 Signs 18.620.060 Access 18.620.070 Design Standards 18.620.080 Design Compatibility Standards 18.620.010 Purpose The purpose of this chapter is to recognize and accommodate the changing commercial and residential marketplace by allowing commercial and residential mixed uses in the approximately 7-acre portion of the Bridgeport Village site that is within the City of Tigard in the Mixed-Use Commercial (MUC-1)zone. Retail, office, business services, and personal services are emphasized, but residential uses are also allowed.A second purpose is to recognize that when developed under certain regulations, commercial and residential uses may be compatible in the MUC-1 zone. (Ord. 18-28 §1; Ord. 17-22 §2) 18.620.020 Applicability A. Applicability. The regulations of this chapter apply to the Bridgeport Village Plan District. The boundaries of the plan district are shown on Map 18.620.A, which is located at the end of this chapter, and on the official zoning map, and described by the intergovernmental agreement between the City of Tigard and City of Tualatin, dated March 26,2002. B. Conflicting standards. In addition to other applicable standards of this title, the following standards apply to all development located within the Bridgeport Village Plan District within the MUC-1 zone. The standards and requirements in this chapter govern in the event of a conflict. (Ord. 18-28 §1; Ord. 18-23 §2; Ord. 17-22 §2) 18.620.030 Uses Allowed,restricted, conditional, and prohibited uses within the MUC-1 zone are provided in Table 18.120.1. (Ord. 18-23 §2; Ord. 17-22 §2) 18.620.040 Development Standards A. Compliance. Development must comply with applicable development standards, except where adjustments are granted in compliance with the intergovernmental agreement between Tigard and Tualatin. B. Development standards. 1. Minimum lot area:None. 2. Minimum lot width: None Bridgeport Village Plan District 18.620-1 Code Update:4/20 3. Minimum building setbacks:None. 4. Except as determined in the architectural review process,maximum building setbacks are: a. Commercial: 10 feet front and street side; zero interior side and rear, except when the side and rear abut a residential zone it is 20 feet. b. Residential: 20 feet front; zero rear and interior side, except when the side and rear abut a residential zone it is 20 feet; 20 feet street side. 5. Minimum building height: Except for theaters and cinemas,which can be 1 story,20 feet. 6. Maximum building height: 70 feet. 7. Maximum lot coverage: 90 percent. 8. Minimum landscape area: 10 percent. 9. Density and floor area ratio. For the purposes of required floor area ratio (FAR) and residential densities, lot area is the net development area as determined using the process provided in Section 18.40.020. a. The minimum FAR for nonresidential development and mixed-use development that includes a residential component is 0.50. In mixed-use developments,residential floor area is included in the calculations of FAR. b. The minimum density for residential-only developments is 25 dwelling units per net acre. There is no FAR for residential-only developments. c. The maximum density for residential-only developments is 50 dwelling units per net acre. (Ord. 18-28 §1; Ord. 18-23 §2; Ord. 17-22 §2) 18.620.050 Signs Signs. In addition to the requirements of Chapter 18.435, Signs,the following standards must be met: A. Residential-only developments within the MUC-1 zone must meet the sign requirements for the R-40 zone, Subsection 18.435.130.A; nonresidential development within the MUC-1 zone must meet the requirements of the C-P zone, Subsection 18.435.130.C. Sign area increases are prohibited. B. The maximum height limit for all signs except wall signs is 10 feet. Wall signs are not allowed to extend above the roof line of the wall on which the signs are located. Height increases are not allowed. C. Freestanding signs are prohibited within the required S-4 screening. (Ord. 18-28 §1; Ord. 18-23 §2; Ord. 17-22 §2) 18.620.060 Access Except as provided below, all lots must have access to the public right-of-way in compliance with Chapter 18.920,Access,Egress, and Circulation. Such access may be provided by lot frontage on a public Bridgeport Village Plan District 18.620-2 Code Update:4/20 street or by creating uninterrupted vehicle and pedestrian access between the subject lot and the public street. (Ord. 18-23 §2; Ord. 17-22 §2) 18.620.070 Design Standards A. Purpose. Design principles. Design standards for public street improvements for the Bridgeport Village Plan District address several important guiding principles, including creating a high-quality mixed-use area, providing a convenient pedestrian and bikeway system, and utilizing streetscape to create a high-quality image for the area. B. Applicability.New development, including remodeling and renovation projects resulting in other than single detached houses, is expected to contribute to the character and quality of the area. In addition to meeting the design standards described below and other development standards required by the development and building codes, developments will be required to dedicate and improve public streets, connect to public facilities such as sanitary sewer, water, and storm drainage, and participate in funding future transportation and public improvement projects within and surrounding the Bridgeport Village Plan District. C. Site design standards. Development must meet the following site design standards: 1. Building placement. Buildings must occupy a minimum of 50 percent of arterial and collector street frontages. Buildings must be located at public street intersections on arterials and collectors. 2. Building setbacks must comply with Subsection 18.620.040.B. 3. Front setback design. For setbacks greater than 0 feet, landscaping, an arcade, or a hard-surfaced expansion of the sidewalk must be provided between a structure and a public street or accessway. If a building abuts more than one street, the required improvements must be provided on all streets. Landscaping must comply with the applicable standard in Paragraph 18.620.070.C.5. Hard-surfaced areas must be constructed with scored concrete or modular paving materials. Benches and other street furnishings are required. These areas may contribute to the minimum landscape area standard. 4. Walkway connection to building entrances. A walkway connection is required between a building's entrance and a public street or accessway. The walkway must be at least 6 feet wide and paved with scored concrete or modular paving materials. Building entrances at a corner near a public street intersection are required. These areas may contribute to the minimum landscape area standard. 5. Parking location and landscape design. Parking for buildings or phases adjacent to public street rights-of-way must be located to the side or rear of newly constructed buildings. When buildings or phases are adjacent to more than one public street,primary streets will be identified by the city where this requirement applies. If located on the side,parking is limited to 50 percent of the street frontage. When abutting public streets, parking must be screened to the S-4 standard as provided in Table 18.420.2. All other site landscaping must be planted to the L-2 standard. D. Building design standards. Nonresidential buildings must comply with the standards below. Residential-only and mixed-use buildings where at least 50.1 percent of the floor area of the building is residential must comply with Section 18.620.080. Bridgeport Village Plan District 18.620-3 Code Update:4/20 1. First-story windows. All street-facing facades within the required building setback along public streets must include windows, doors, or display areas on a minimum of 50 percent of the first- story facade area. The first-story facade area is measured from 3 feet above grade to 9 feet above grade the entire length of the street-facing facade. Up to 50 percent of the first-story window requirement may be met on an adjoining facade provided all of the requirement is located at a building corner. 2. Building facades. Facades that face a public street must provide at least one of the following features at least every 50 feet: a. A variation in building materials; 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; d. By other design features that reflect the building's structural system; or e. Buildings more than 300 feet in length along streets must provide a pedestrian connection between or through the building. 3. Weather protection. Weather protection for pedestrians, such as awnings, canopies, and arcades, must be provided at building entrances. Weather protection is encouraged along building frontages abutting a public sidewalk or a hard-surfaced expansion of a sidewalk, and along building frontages between a building entrance and a public street or accessway. 4. Building materials. Plain concrete block, plain concrete, corrugated metal, plywood, sheet press board or vinyl siding may not be used as exterior finish materials. Foundation material may be plain concrete or plain concrete block where the foundation material is not revealed for more than 2 feet. 5. Roofs and roof lines. Except in the case of a building entrance feature, roofs must be designed as an extension of the primary materials used for the building and should respect the building's structural system and architectural style. False fronts and false roofs are prohibited. 6. Roof-mounted equipment. Roof-mounted equipment must be screened to the S-1 standard as provided in Section 18.420.050. Satellite dishes and other communication equipment must be set back or positioned on a roof so that exposure from adjacent public streets is minimized. (Ord. 20- 01 §1; Ord. 18-28 §1; Ord. 18-23 §2; Ord. 17-22 §2) 18.620.080 Design Compatibility Standards A. Front facades. All primary first-story common entrances or individual entrances of street-facing dwelling units must be oriented to the street,not to the interior or to a parking lot. The front facade of large structures must be divided into smaller areas or planes of 500 square feet or less. Projecting features such as porches, balconies, bays, dormer windows, and roof pediments are encouraged for street-facing structures to create visual interest. B. Main entrance. Primary structures must be oriented with their main entrance facing the street upon which the development fronts. If the site is on a corner, it may have its main entrance oriented to either street or at the corner. Bridgeport Village Plan District 18.620-4 Code Update:4/20 C. Unit definition. Each dwelling unit must be emphasized by including a roof dormer or bay windows on the street-facing facade, or by providing a roof gable or porch that faces the street. First-story dwelling units must include porches that are at least 48 square feet in area with no dimension less than 6 feet. D. Roof lines. Roof-line offsets must be provided at intervals of 40 feet or less to create variety in the massing of structures and to relieve the effect of a single, long roof. Roof line offsets must be a minimum 4-foot variation either vertically from the gutter line or horizontally. E. Trim detail. Trim must be used to mark all building roof lines, porches, windows and doors that are on a primary structure's street-facing facades. F. Mechanical equipment. Roof-mounted mechanical equipment, other than vents or ventilators, must be screened to the S-1 standard as provided in Section 18.420.050. Screening must be integrated with exterior building design. G. Parking. Parking and loading areas may not be located between the primary structures and the street upon which the structure fronts. If there is no alley and motor vehicle access is from the street, parking must be provided: 1. In a garage that is attached to the primary structure; 2. In a detached accessory structure located at least 50 feet from the front property line; or 3. In a parking area at the side or rear of the site. H. Pedestrian circulation. At least one pedestrian connection to an abutting street frontage must be provided for each 200 linear feet of street frontage. The on-site pedestrian circulation system must be continuous and connect the ground-level entrances of primary structures to the following: 1. Streets abutting the site; 2. Common buildings such as laundry and recreation facilities; 3. Parking areas; 4. Shared open space and play areas; 5. Abutting transit stops; and 6. Any pedestrian amenity such as plazas, resting areas, and viewpoints. (Ord. 20-01 §1; Ord. 18-28 §1; Ord. 18-23 §2; Ord. 17-22 §2) Bridgeport Village Plan District 18.620-5 Code Update:4/20 Map 18.620.A: Bridgeport Village Plan District Boundary Bridgeport Village i��sl-k Plan District City of Tigard o'fy Cl) ise It,Plan District Boundary z or O Tigard MyBoWMary �Q N N E O: >- cc cc W 4 t7 W O SW LOCUST ST 0 0 • wI. a • 19 RP IP 944 (Ord. 17-22 §2) ■ Bridgeport Village Plan District 18.620-6 Code Update:4/20 Chapter 18.630 DURHAM ADVANCED WASTEWATER TREATMENT FACILITY PLAN DISTRICT Sections: 18.630.010 Purpose 18.630.020 Applicability 18.630.030 Uses 18.630.040 Development Standards 18.630.050 Landscaping and Screening Standards 18.630.060 Connectivity Standards 18.630.070 Off-Site Impact Standards 18.630.080 Discretionary Review 18.630.090 Additional Standards for Conditional Uses Within the Administrative Subdistrict 18.630.100 Temporary Off-Site Impact Permit 18.630.010 Purpose A. Purpose. The purpose of this chapter is to regulate the development of Clean Water Services (CWS) Durham Advanced Wastewater Treatment Facility (Durham facility) in such a manner that the Durham facility is able to grow and adapt to new regulatory and environmental conditions, while avoiding or mitigating negative off-site impacts to adjacent land uses. The Durham Advanced Wastewater Treatment Facility Plan District is intended to provide land use regulations that accomplish the following: 1. Allow expansion of the Durham facility to accommodate regional urban growth; 2. Allow modification and adaptation of the Durham facility to satisfy changes in environmental or regulatory standards and to incorporate new technology and methods in wastewater treatment; waste handling;processing; and wastewater, energy, and nutrient recovery; 3. Require avoidance, management, or mitigation of negative off-site impacts on land uses adjacent to the Durham facility, recognizing that certain impacts are inherent in the operation of a regional wastewater treatment facility and that such impacts should be balanced with the overall community benefit such facilities provide; 4. Regulate land uses, site and building design, and environmental impacts from new development within the plan district, taking into account the specialized operational requirements and the regional service nature of the Durham facility; 5. Address transportation system impacts from future changes at the Durham facility; 6. Establish specific land use and permitting processes for the Durham facility that will allow permit issuance on a timely basis; and 7. Ensure Clean Water Services is able to comply with state and federal regulations pertaining to wastewater treatment and to utilize the most efficient and timely technology available. (Ord. 17- 22 §2) Durham Advanced Wastewater Treatment Facility Plan District 18.630-1 Code Update:4/20 18.630.020 Applicability A. Applicability. The regulations of this chapter apply to the Durham Advanced Wastewater Treatment Facility Plan District. The boundaries of the plan district and the subdistricts are shown on Map 18.630.A,which is located at the end of this chapter, and on the official zoning map. B. Subdistricts. The three sub-areas identified on Map 18.630.A and described below have different land use and development regulations, as provided in Sections 18.630.030 through 18.630.100. 1. Administrative subdistrict. This area is primarily intended to accommodate the administrative offices, laboratories, and other support functions of the treatment plant in an office park setting that is compatible with proximate residential and civic land uses to the north, east, and west. The subdistrict also contains open space features that are intended to provide a buffer between wastewater treatment operations to the south and impact sensitive land uses and transportation facilities to the north. 2. Operations subdistrict. This area is intended for the continued operation and expansion of the wastewater treatment facilities and accessory land uses. Wastewater treatment processes and accessory resource extraction and processing activities are expected and allowed by right in this area within an industrial setting. 3. Floodplain subdistrict. This area is within the special flood hazard area and is constrained by the presence of locally significant inventoried wetlands, buffers, and vegetated corridors. Activities with minimal disturbance such as wastewater conveyance facilities and Community Services uses are allowed within this area. (Ord. 17-22 §2) 18.630.030 Uses General Provisions. A list of allowed, restricted, conditional, and prohibited uses in each subdistrict is provided in Table 18.630.1. The use categories in Chapter 18.60, Use Categories, that are not listed in Table 18.630.1, are not allowed within the plan district. Unanticipated or omitted uses are subject to the provisions of Section 18.60.030. A. Allowed(A). Uses that are allowed subject to all of the applicable provisions of this title. B. Restricted (R). Uses that are allowed provided they are in compliance with special requirements, exceptions, or restrictions. C. Conditional (C). Uses that require the approval of Hearings Officer using discretionary criteria. The approval process and criteria are as provided in Chapter 18.740, Conditional Uses. D. Prohibited(P). Uses that are not allowed under any circumstance. Durham Advanced Wastewater Treatment Facility Plan District 18.630-2 Code Update:4/20 Table 18.630.1 Use Table Subdistricts Administrative Operations Floodplain Subdistrict Subdistrict Subdistrict Waste Related P A P Office A A P Basic Utilities A A A Transportation/Utility Corridors A A A Industrial Services C[1] A P General Industrial P R[2] P Community Services A A A Wireless Communication Facilities A A A A=Allowed R=Restricted C=Conditional Use P=Prohibited [1] Restricted to support facilities that are clearly accessory to and support the wastewater treatment facility and conducted entirely indoors with the exception of parking. Support facilities are allowed conditionally within the administrative subdistrict. [2] Restricted to industrial uses that are clearly accessory to the wastewater treatment facility and utilizing raw materials recovered, diverted, or produced by the collection and treatment of wastewater. (Ord. 18-28 §1; Ord. 18-23 §2; Ord. 17-22 §2) 18.630.040 Development Standards A. Setbacks. Development must comply with the following standards: 1. Development must maintain a 50-foot setback from the perimeter of the plan district, except as provided in Paragraphs 18.630.040.A.2 through 5. 2. Development within the administrative subdistrict is subject to a setback from Durham Road and 85th Avenue rights-of-way as measured from the southeastern edge and easternmost point of the main ornamental fountain, as shown in Map 18.630.B. 3. Development located entirely underground is exempted from setback requirements. 4. Venting facilities related to odor control systems are allowed within the required setback area provided they are flush or nearly flush with finished grade; integrate with existing landscaping through the use of a cover composed of gravel, sand, bark, living groundcover, or similar materials; and comply with all other requirements of this title including off-site impact standards. Ancillary equipment servicing the venting facilities, such as irrigation control panels and enclosed fans, are allowed provided they are low profile or flush with the ground, designed to integrate with existing landscaping, and comply with all other requirements of this title including off-site impact standard. 5. New structures fronting a public road must maintain a setback of not less than 0.5 of the projected ultimate road width as measured from centerline of the adjacent roadway, utilizing street width provided in Section 18.910.030. B. Height requirements. Development must comply with the following requirements: Durham Advanced Wastewater Treatment Facility Plan District 18.630-3 Code Update:4/20 1. The maximum height is 45 feet in the administrative subdistrict. 2. The maximum height is 50 feet in the operations subdistrict. 3. The maximum height is 30 feet in the floodplain subdistrict. C. Lot coverage and landscaping. Development is subject to the following lot coverage and landscaping standards: For development within the administrative and operations subdistricts the maximum lot coverage is 75 percent and the minimum landscape area is 25 percent. D. Accessory structures. Accessory structures must comply with the following standards: 1. Accessory structures are allowed and must meet all applicable development standards. 2. Where freestanding private communication and utility facilities that are accessory to an allowed use and not subject to the provisions of Chapter 18.450, Wireless Communication Facilities, are proposed, such facilities must be set back from all property lines a distance equal to or greater than the height of the facility. Freestanding communication or utility facilities include,but are not limited to,wind turbines and communication towers, antennas, and receivers. E. Signs. Signage is subject to the same regulations as the I-P zone. F. Lot size. Development must comply with the following standards: 1. There is no minimum lot size. 2. The minimum lot width is 50 feet. (Ord. 18-28 §1; Ord. 18-23 §2; Ord. 17-22 §2) 18.630.050 Landscaping and Screening Standards All new development must comply with the required landscaping and screening standards as provided in Sections 18.420.040 and 18.420.050,with the following exceptions: A. Development in the administrative subdistrict must provide the following screening along the eastern boundary of the subdistrict. Screening is not required along the northern and southern boundaries of the subdistrict. 1. A screen that is 20 feet in width, planted with a six-foot hedge, trees spaced at a minimum of 15 feet and maximum of 40 feet; and shrubs; 2. A screen that is 15 feet in width with a six-foot sight-obscuring fence, and planted with trees spaced at a minimum of 15 feet and maximum of 40 feet, and shrubs; or 3. A screen that is 10 feet in width, planted with a six-foot wall, trees spaced at a minimum of 15 feet and maximum of 40 feet; and shrubs. B. Development in the operations subdistrict is subject to a 40-foot wide screen with a six-foot hedge, sight-obscuring fence, or wall and be planted with trees, spaced at a minimum of 15 feet and maximum of 40 feet; and shrubs along all boundaries of the subdistrict, with the exception of the boundary between the operations subdistrict and administrative subdistrict. Durham Advanced Wastewater Treatment Facility Plan District 18.630-4 Code Update:4/20 C. The floodplain subdistrict is subject to a 10-foot wide screen planted with grass or living groundcover. D. In lieu of these standards, a detailed landscaping and screening plan may be submitted for the Director's approval as an alternative to the landscaping and screening standards, provided it affords the same degree of screening as required by this chapter. (Ord. 18-28 §1; Ord. 18-23 §2; Ord. 17-22 §2) 18.630.060 Connectivity Standards New development must comply with the requirements of Chapter 18.910, Improvement Standards, subject to the following exceptions: A. Development within the plan district is exempted from block standards, as provided in Section 18.910.040. B. New development must provide for an emergency vehicle access drive between 85th Avenue and the eastern terminus of Waverly Drive. The access drive must be improved with an all-weather fire- apparatus access road and key box access in compliance with Tualatin Valley Fire and Rescue Fire and Life Safety Requirements and the Oregon Fire Code. (Ord. 18-23 §2; Ord. 17-22 §2) 18.630.070 Off-Site Impact Standards A. Purpose. The purpose of this section is to establish standards for negative off-site impacts resulting from noise, odor, and light generated within the boundaries of the plan district. The standards provide a measurable way to control and regulate the specified off-site impacts and protect the occupants and operators of land uses adjacent to the plan district. B. Exemptions. The off-site impact standards do not apply to machinery, equipment, facilities and operations that were on the site and in compliance with existing regulations at the effective date of this chapter, but do apply to new machinery, equipment, facilities, operations, and activities. Documentation is the responsibility of the proprietor of the use if there is any question about when equipment or land uses were brought to the site. C. Relationship to other regulations. The standards provided in this section do not supersede or replace regulations of the Depth tnient of Environmental Quality and any applicable county, state, and federal regulations. D. Noise standards. Development within the plan district must comply with the following standards: 1. Statistical noise levels. Equipment, facilities, operations, or activities within the plan district may not produce sounds that exceed in any 1 hour the noise levels specified in Table 18.630.2, as measured at the plan district boundary or at the furthest boundary of adjacent industrially-zoned properties. 2. Impulse sound. Equipment, facilities, operations, or activities within the plan district must not produce any sounds emitted for a duration of less than 1 second that exceed the sound pressure level of 100 dB between the hours of 7 a.m. and 10 p.m., or 80 dB between the hours of 10 p.m. and 7 a.m. as measured at the plan district boundary or at the furthest boundary of adjacent industrially-zoned properties. Durham Advanced Wastewater Treatment Facility Plan District 18.630-5 Code Update:4/20 3. Measurement. Sound level instruments must conform to Section 6.02.420 of the Tigard Municipal Code. Table 18.630.2 Noise Standards Allowable Statistical Noise Levels,dBA[1] 7 AM—10 PM 10 PM—7 AM L50 55 50 L10 60 55 L1 75 60 [1] LX—Noise level can be equaled or exceeded x percent of the time. E. Odor standards. Development within the plan district must comply with the following standards: 1. Equipment, facilities, operations, or activities must not generate off-site facility odors detectable at the following scentometer levels using the Nasal Ranger® field scentometer or equivalent device, as measured at the plan district boundary: a. Any one instantaneous measurement of 7 or greater dilutions to threshold(D/T); or b. Ten consecutive readings equal to or greater than 4 D/T occurring over a minimum 4-hour period,to a maximum 1-week period. 2. If development is found to be noncompliant with the odor standards provided in Paragraph 18.630.070.E.1, Clean Water Services(CWS)will be responsible for the following: a. Every scentometer reading in excess of 4 D/T or greater must be tracked to the source of the odor by a trained and certified scentometer operator; and b. If the source of the odor is found to originate from equipment, facilities, operations, or activities within the plan district, CWS must submit a report within 90 days of the notice of violation that identifies the cause of the off-site odor and the steps required to stop,reduce, or mitigate the odors. F. Glare standards. Glare sources must be hooded, shielded, or otherwise located to avoid direct or reflected illumination in excess of 0.5 foot candles, as measured at the plan district boundary or at the furthest boundary of adjacent industrially-zoned properties. G. Documentation. The following provisions apply at the time of development permit or a request for enforcement: 1. When reviewing a development permit, the city may accept an evaluation and explanation certified by a registered engineer or architect, as appropriate, that the proposed development will meet the off-site impact standard or standards in question. The evaluation and explanation must provide a description of the use or activity, equipment, processes, and the mechanisms, or equipment used to avoid or mitigate off-site impacts. 2. If the city does not have the equipment or expertise to measure and evaluate a specific complaint regarding off-site impacts, it may request assistance from another agency or may contract with an independent expert to perform the necessary measurements. The city may accept measurements Durham Advanced Wastewater Treatment Facility Plan District 18.630-6 Code Update:4/20 made by an independent expert hired by the controller or operator of the off-site impact source. (Ord. 18-23 §2; Ord. 17-22 §2) 18.630.080 Discretionary Review A. Conditional uses. A use classified as a conditional use in Table 18.630.1 or meeting one or more of the following will be reviewed in compliance with Chapter 18.740, Conditional Uses. 1. An increase in vehicular traffic to and from the site in excess of 100 vehicles per day; 2. The opening of a new access way onto Durham Road, or the improvement of the existing access way onto Waverly Drive for other than emergency vehicle access. B. Development permits. Development not meeting the criteria of Subsection 18.630.080.A is exempted from site development review as provided in Chapter 18.780, Site Development Review. Review for compliance with applicable standards will be performed in conjunction with obtaining a development permit. (Ord. 18-23 §2; Ord. 17-22 §2) 18.630.090 Additional Standards for Conditional Uses Within the Administrative Subdistrict A. Purpose. Conditional uses are allowed within the administrative subdistrict but have the potential to create unpleasant aesthetic impacts to nearby land uses and travelers upon Durham Road and Hall Boulevard. These standards are intended to reduce off-site impacts and ensure new development associated with these activities presents the appearance of a high-quality office campus regardless of the interior activity. B. Standards. Conditional uses within the administrative subdistrict are subject to the following: 1. Outside storage. Outside storage of materials or equipment associated with a conditional use in the administrative subdistrict, other than incidental delivery and temporary staging of materials and equipment, is prohibited. 2. First-story windows. All street-facing facades along public streets must include windows on a minimum of 50 percent of the first-story façade area. The first-story facade area is measured from 3 feet above grade to 9 feet above grade the entire length of the street-facing facade. Glazing covered with applied window film will not be considered in the calculation to meet this standard. 3. Building facades. Facades that face a public street and extend more than 50 feet must provide at least one of the following features: a. Variation in building materials; 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 d. By other design features that reflect the building's structural system. 4. Building materials. Plain concrete block, plain concrete, corrugated metal, plywood, sheet press board, fiber cement products, or vinyl siding are prohibited exterior finish materials. Durham Advanced Wastewater Treatment Facility Plan District 18.630-7 Code Update:4/20 5. Roofs. Rooflines must be designed as an extension of the primary materials used for the building and should respect the building's structural system and architectural style. 6. All roof-mounted equipment must be screened to the S-1 standard as provided in Section 18.420.050. Solar heating and photovoltaic panels are exempted from this standard. (Ord. 20-01 §1; Ord. 18-28 §1; Ord. 18-23 §2; Ord. 17-22 §2) 18.630.100 Temporary Off-Site Impact Permit A. Intent. Specific permits may be granted as deemed necessary to allow activities that protect the public health and welfare, and where strict compliance with noise, odor, or light standards may be inappropriate because of special circumstances that render strict compliance unreasonable, impractical,or would result in the reduction or cessation of wastewater treatment. B. Approval process. Temporary off-site impact permits to noise, odor, or light standards are processed through a Type I procedure as provided in Section 18.710.050, using approval criteria in Subsection 18.630.100.D. C. Exceptions. Responses to an unexpected failure of a critical waste treatment process are exempted from the requirement for a temporary off-site impact permit for up to 3 business days,whereupon the facility operator must submit a complete application for a temporary off-site impact permit. D. Approval criteria. The approval authority will approve or approve with conditions an application for a temporary off-site impact permit when all of the following are met: 1. The strict application of the noise, odor, or light standards as provided in Section 18.630.070 is unreasonable, impractical, or threatens public health; 2. A demonstration that consideration for impact sensitive land uses and appropriate mitigation measures have been incorporated into the request; 3. A public outreach plan will be implemented, including a 24-hour telephone contact number for information or to lodge complaints about the project; and 4. The off-site impact permit is limited in time and scope. Durham Advanced Wastewater Treatment Facility Plan District 18.630-8 Code Update:4/20 Map 18.630.A: Plan District Boundaries and Subdistricts _ - 4 :`ba E . z .. T" w. Plan District Boundary _ R ,,;; J ". t. . # • OTigard City Boundary - 'y m -4,,yl �_ s`x �" �•i • .' 0 125 250 500 J l—l— -, —, " .4; w-4.16 1 —, 4%1P,\* i- Alp. - ' :i 8.. 'fir' It'll '$11"1M^- '4�Y,' 4- r� 1 '..IP ' ! .t 1:ira .i • - is _W - 'RHAM•RD - mil' ✓' Administrative + P' '' Subdistrict ' •' �— • ` r w. sari- 7 i_L `, • ' t' — , o• •I O-11, z k i , t .. ► ilk _,� o0 o i 144, Po . e. -, it!, I . •' ' : '40-%"s 1 �' r'; 1 1 1 1 - Floodplain • fi *. °a * Z t ;`�'t 4 P') Subdistrict gr - • `i et44‘. i'r ••^e! 1. a ,K 4 f ,' g 4 r a + e y r min( Durham Advanced Wastewater Treatment Facility Plan District 18.630-9 Code Update:4/20 Map 18.630.B: Setback Line from Durham Road Durham Facility Plan District DURHAM RD. I\ . _� • - . � .., . SETBACK... _. ■ FOUNTAIN GNE r 111 SETBACK iI' ���_�� _'' I K LINE ' �`. i' 1` - - . H ":''.. C �A�IV WATER SERVICES " I Q ` ; 'TREATMENT PLANT \'11 a 4 I I •�SER.01" '=BUILDING M 1 • 1 3 'mar I /r 'AiLl `x_x x_ 21 • .. c''‘,.. ) (Ord. 18-23 §2; Ord. 17-22 §2) ■ Durham Advanced Wastewater Treatment Facility Plan District 18.630-10 Code Update:4/20 Chapter 18.640 RIVER TERRACE PLAN DISTRICT Sections: 18.640.010 Purpose 18.640.020 Applicability 18.640.030 Provision of Adequate Public Facilities 18.640.040 Approval Criteria 18.640.050 Commercial Development Standards 18.640.060 River Terrace Boulevard Development Standards 18.640.070 Planned Developments 18.640.080 Street Design 18.640.090 Street Connectivity 18.640.100 On-Street Parking 18.640.110 Temporary Sales Offices and Model Homes 18.640.010 Purpose The River Terrace Community Plan provides for a variety of land uses and residential densities consistent with the city's desire to create a community of great neighborhoods that includes housing, neighborhood- scale commercial businesses, schools, parks, and recreational opportunities. The purpose of the River Terrace Plan District is to implement the adopted River Terrace Community Plan, River Terrace Funding Strategy, and associated infrastructure master plans for water, sewer, stormwater, parks, and transportation. The titles of these plans and the numbers of their adopting ordinances and resolutions are as follows: • River Terrace Community Plan(Ordinance 14-15). • River Terrace Transportation System Plan Addendum(Ordinance 14-16). • River Terrace Sanitary Sewer Master Plan Addendum(Resolution 14-25). • River Terrace Water System Master Plan Addendum(Resolution 14-35). • River Terrace Stormwater Master Plan(Resolution 14-42). • River Terrace Park System Master Plan Addendum(Resolution 14-65). • River Terrace Funding Strategy(Resolution 14-66). This chapter ensures that public facilities are adequate to serve the anticipated levels of development throughout River Terrace by: • Implementing the River Terrace Community Plan and associated infrastructure master plans. • Facilitating the transition of River Terrace from rural to urban land use through the timely, orderly, and efficient provision of public facilities. • Ensuring that public facilities are available in advance of or concurrent with development. • Safeguarding the River Terrace community's health, safety, and welfare. This chapter also implements those unique aspects of the River Terrace Community Plan and associated infrastructure master plans related to commercial and residential design, transportation facilities, and park and trail development. • The commercial area is envisioned as a vibrant mixed-use center with pedestrian-scale street and building amenities and high-quality design features. River Terrace Plan District 18.640-1 Code Update:4/20 • The transportation system is designed as a network of multi-modal streets that connects residents to trails, schools, parks, and services. One that conforms to the rolling topography, builds upon and connects to existing streets in the area, and effectively balances safety, comfort, and mobility through thoughtful and location-specific street and intersection design. • River Terrace Boulevard is designed to seamlessly integrate the River Terrace Trail into its design, provide safe and comfortable multi-modal travel options, and include high-quality pedestrian-scale design treatments that defines it as the neighborhood's signature street. • Parks and trails are distributed throughout the area to provide a variety of convenient recreational opportunities for residents and visitors. The statements in this section do not constitute distinct approval criteria, but they guide and inform the interpretation and application of the provisions in this chapter. (Ord. 17-22 §2) 18.640.020 Applicability The regulations of this chapter apply to the River Terrace Plan District. The boundaries of the plan district are shown on Map 18.640.A, which is located at the end of this chapter, and on the official zoning map. The standards and requirements in this chapter apply in addition to, and not in lieu of, all other applicable provisions of this title. Compliance with all applicable standards and requirements must be demonstrated in order to obtain development approval. The standards and requirements in this chapter govern in the event of a conflict. (Ord. 18-23 §2; Ord. 17-22 §2) 18.640.030 Provision of Adequate Public Facilities A. Intent. The intent is to address the provision of the infrastructure systems necessary to benefit and serve all property in River Terrace as provided for in the River Terrace Community Plan, River Terrace Funding Strategy, and related infrastructure master plans, in light of the desire of property owners to commence preliminary development prior to full implementation of these plans and with the understanding that no development rights vest and no development approvals will be granted until the infrastructure systems are in place or assured. B. Approval standard. Land use applications for subdivisions, partitions, planned developments, site development reviews, and conditional uses may be approved when the applicable standards in Subsection 18.640.030.E are met and when all of the following funding components of the River Terrace Funding Strategy have been adopted by the city and are in effect: 1. Transportation. A citywide transportation system development charge (SDC), a River Terrace transportation SDC, and a River Terrace transportation utility fee surcharge. 2. Sewer. A citywide utility fee surcharge. 3. Stormwater. A River Terrace stormwater utility fee surcharge. C. Deferral of compliance. 1. The applicant may request to defer demonstrating compliance with one or more of the standards in Subsections 18.640.030.B and E as provided for below: a. Preliminary plat. Deferral of compliance to final plat approval. River Terrace Plan District 18.640-2 Code Update:4/20 b. Planned development concept plan(without a land division proposal). Deferral of compliance to detailed development plan approval. c. All other development applications. A condition of land use approval requiring demonstration of compliance no later than 180 days after approval or prior to submission of applications for building or public facility improvement permits,whichever occurs first. 2. Deferral of compliance as provided for in Paragraph 18.640.030.C.1 will be granted only if: a. The applicant demonstrates that the approval standard will likely be met prior to filing an application for final plat or detailed development plan approval, or prior to expiration of the condition of approval described in Subparagraph 18.640.030.C.1.c. A determination by the approval authority that it is likely that the standard will be met is for the purposes of deferral only and in no way constitutes an assurance, guarantee, or other representation that may in any way be relied upon by the applicant; and b. The applicant executes a written agreement prepared by the city acknowledging that the applicant has determined that deferral is to its benefit and that any and all actions taken pursuant to or in furtherance of the approval are at the applicant's sole and exclusive risk. The acknowledgement must waive, hold harmless and release the city, its officers, employees and agents for any and all claims for damages, including attorney fees, in any way arising from a denial for failure to demonstrate compliance with the standards in Subsection 18.640.030.B, without regard to fault.Nothing in this section precludes the applicant from seeking review of any land use decision in compliance with ORS Chapters 197,215, 227, or equitable relief in a court of competent jurisdiction. D. Exception. 1. An exception to one or more of the standards in Subsection 18.640.030.B may be obtained through a Type II procedure as provided in Section 18.710.060. 2. An exception will be granted only if the applicant: a. Demonstrates that the exception will not materially impact implementation of the River Terrace Sanitary Sewer Master Plan Addendum, River Terrace Water System Master Plan Addendum, River Terrace Stormwater Master Plan, River Terrace Transportation System Plan Addendum, and River Terrace Funding Strategy; b. Has proposed alternatives that ensure the applicant will provide its proportional share of the funding and construction of the facilities in a timely manner as identified in the River Terrace Funding Strategy and related infrastructure master plans. This may include,but is not limited to, a development agreement or reimbursement district; c. Agrees to disclose in writing to each purchaser of property for which a building permit has been obtained that the property may be subject to future utility fees or SDCs as described in the River Terrace Funding Strategy; and d. Executes an agreement prepared by the city agreeing that, if the new transportation SDCs described in Paragraph 18.640.030.B.1 are not in effect at the time of building permit issuance, the applicant must pay an amount equal to the SDC amount assumed in the River River Terrace Plan District 18.640-3 Code Update:4/20 Terrace Funding Strategy. Credits will not be issued against this payment, but the city will issue a refund if: i. The applicant made improvements to a facility that is eligible for credit under an adopted SDC credit,up to the amount of the credit, ii. An SDC is adopted and paid by the applicant or its successor, up to the amount of such payment, or iii. The city has not adopted the SDCs within 2 years of the effective date of this ordinance. 3. An exception will be granted only if the city finds that: a. There are adequate funding components in place for the infrastructure that is needed to serve the proposed development; and b. The exception will not materially impact implementation of the River Terrace Sanitary Sewer Master Plan Addendum, River Terrace Water System Master Plan Addendum, River Terrace Stormwater Master Plan, River Terrace Transportation System Plan Addendum, and River Terrace Funding Strategy; and c. The proposed alternative ensures that the applicant will provide its proportional share of the funding and construction of the facilities in a timely manner as identified in the River Terrace Funding Strategy and related infrastructure master plans. E. Additional standards. 1. Infrastructure improvements for water, sewer, stormwater, and transportation systems, including but not limited to pump stations and trunk lines, must be located and designed to serve the proposed development and not unduly or unnecessarily restrict the ability of any other property to develop in compliance with the applicable River Terrace infrastructure master plan. Infrastructure improvements are evaluated for conformance with this standard during the land use review process. The city will take into account the topography, size, and shape of the development site; the impact of the improvement on the development site; and the reasonableness of available options during its review. The applicant will not be required to reduce otherwise allowed density or obtain an adjustment to demonstrate compliance, but this standard may be considered in reviewing an adjustment application. 2. Infrastructure improvements for water, sewer, and stormwater must be placed in easements that are located, wherever possible, within existing or future rights-of-way. Easements and rights-of- way must extend through and to the edge of the development site at such locations that would maximize the function and availability of the easement and right-of-way to serve adjacent and surrounding properties. Easements and rights-of-way are evaluated for conformance with this standard during the land use review process. Dedications of easements and rights-of-way will be required as a condition of land use approval. 3. Development in water pressure zone 550 must either provide or demonstrate that there is sufficient water capacity in water pressure zone 550 to serve the proposed development, or that it can be served by another water pressure zone that has sufficient capacity,to the satisfaction of the City Engineer and Tualatin Valley Fire and Rescue during the land use review process. River Terrace Plan District 18.640-4 Code Update:4/20 4. Development in the north and south sewer sub-basins must demonstrate, where applicable, that there is sufficient pump station capacity and associated force mains to serve the proposed development, or that it can be served by other system improvements, to the satisfaction of the City Engineer and Clean Water Services during the land use review process. 5. If compliance with stormwater management standards is dependent upon an off-site conveyance system or an on- or off-site regional facility that has not yet been provided, the applicant may propose alternative or interim systems and facilities as described in the River Terrace Stormwater Master Plan. a. Development approval for an interim facility will include a condition to decommission the interim facility, connect it to the permanent facility when it becomes available to serve the development, and assurance that adequate financial resources are available to decommission the interim facility when the permanent facility becomes available. b. Development approval for an alternative or on- or off-site regional system or facility may include a condition to form a reimbursement district. c. A stormwater management system or facility will not be approved if it will prevent or significantly impact the ability of other properties to implement and comply with the River Terrace Stormwater Master Plan or other applicable standards. F. Other provisions. 1. Unless expressly authorized in a development approval, the imposition of private fees or any charge whatsoever that prohibits, restricts, or impairs adjacent or surrounding properties from accessing a public easement, facility,or service is prohibited. 2. For purposes of this section, an ordinance or resolution adopting an SDC, utility fee, or other charge to fund public facilities or services described in this section is deemed effective if it has taken effect and the time for any legal challenge has expired or any legal challenge has been finally decided. (Ord. 18-28 §1; Ord. 18-23 §2; Ord. 17-22 §2) 18.640.040 Approval Criteria A. Preliminary plat approval criteria. In addition to the approval criteria in Sections 18.820.040 and 18.830.040, the following approval criteria apply to all partition and subdivision preliminary plat applications in River Terrace. 1. Unless the applicable approval authority determines it is in the public interest to make modifications, the applicant must design and construct all streets, street extensions, and intersections to conform to: a. The River Terrace Transportation System Plan Addendum; b. The street spacing and connectivity standards of this chapter, this title, and Washington County,where applicable; and c. The approved plats of subdivisions and maps of partitions of abutting properties, if any, as to width and general direction. River Terrace Plan District 18.640-5 Code Update:4/20 2. The preliminary plat may not impede the future use or development of adjacent property in River Terrace not under the control or ownership of the applicant proposing the preliminary plat. B. Conditional use, planned development, and site development review approval criteria. In addition to the approval criteria in Sections 18.740.050, 18.770.060, and 18.780.050, the following approval criteria apply to all conditional use, planned development, and site development review applications in River Terrace. 1. Unless the applicable approval authority determines it is in the public interest to make modifications, the applicant must design and construct all streets, street extensions, and intersections to conform to: a. The River Terrace Transportation System Plan Addendum; b. The street spacing and connectivity standards of this chapter, this title, and Washington County,where applicable; and c. The approved plats of subdivisions and maps of partitions of abutting properties, if any, as to width and general direction. 2. The development may not impede the future use or development of adjacent property in River Terrace not under the control or ownership of the applicant proposing the conditional use, planned development,residential, or commercial development. C. Conditions of approval. The approval authority may attach such conditions as are necessary to comply with the River Terrace Community Plan, related infrastructure master plans, this chapter, and other applicable provisions of this title. (Ord. 18-28 §1; Ord. 18-23 §2; Ord. 17-22 §2) 18.640.050 Commercial Development Standards Development in the C-C zone is subject to the land use and development standards in Chapter 18.120, Commercial Zones, and Chapter 18.320, Commercial Zone Development Standards, except where an adjustment has been approved as provided by Chapter 18.715, Adjustments, or Subsection 18.640.660.D. (Ord. 18-28 §1; Ord. 17-22 §2) 18.640.060 River Terrace Boulevard Development Standards A. Applicability. The applicable development standards in this title apply to all development in River Terrace, except where an adjustment has been approved as provided by Chapter 18.715, Adjustments, or Subsection 18.640.060.D, and except as specified below. The development standards in this section apply to the types of development listed below on lots abutting the River Terrace Boulevard right-of-way(ROW). The general location of the River Terrace Boulevard ROW is shown on Map 18.640.B,which is located at the end of this chapter. The Public Works Director, in consultation with the Community Development Director,will approve the final ROW alignment. 1. All single detached house and rowhouse development. 2. All apai linent development. River Terrace Plan District 18.640-6 Code Update:4/20 3. All development subject to conditional use approval. B. Building placement and design. 1. The following standards apply to all apartment, rowhouse, and single detached house development that is located on the side of the River Terrace Boulevard ROW opposite the trail corridor, except where an adjustment has been approved as provided in Subsection 18.640.060.D. The following standards apply in lieu of the design standards in Chapter 18.230, Apartments; Chapter 18.280, Rowhouses; and Chapter 18.290, Single Detached Houses, only for the building facades specified below. a. Rowhouse and single detached house lots must abut the River Terrace Boulevard ROW with their front or side lot lines. i. Lots with front lot lines abutting the River Terrace Boulevard ROW must meet all of the building design standards in Subsection 18.640.070.E. ii. Lots with side lot lines abutting the River Terrace Boulevard ROW must meet the building design standards for articulation, eyes on the street, detailed design, and garages and carports in Paragraphs 18.640.070.E.1, 2, 4, and 5 for the facade that faces the River Terrace Boulevard ROW. b. Any building designed for residential use on an apai anent development site that is located within 40 feet of the River Terrace Boulevard ROW must meet all of the building design standards in Subsection 18.640.070.E for the entire elevation that faces the River Terrace Boulevard ROW, including those portions of the building facade that are more than 40 feet from the ROW. c. Apartment or rowhouse development sites may not include nonresidential buildings or uses (e.g., parking lots, detached garages or carports, and utility or storage buildings) within 40 feet of the River Terrace Boulevard ROW. 2. The following standards apply to all apai intent, rowhouse, and single detached house development that is located on the side of the River Terrace Boulevard ROW with the trail corridor, except where an adjustment has been approved as provided in Subsection 18.640.060.D. The following standards apply in lieu of the design standards in Chapter 18.230, Apartments; Chapter 18.280, Rowhouses; and Chapter 18.290, Single Detached Houses, only for the building facades specified below. a. Rowhouse and single detached house lots must abut the River Terrace Boulevard ROW with their front, side, or rear lot lines. i. Lots with front lot lines abutting the River Terrace Boulevard ROW must meet all of the building design standards in Subsection 18.640.070.E. ii. Lots with side or rear lot lines abutting the River Terrace Boulevard ROW must meet the building design standards for articulation, eyes on the street, detailed design, and garages and carports in Paragraphs 18.640.070.E.1, 2, 4, and 5 for the facade that faces the River Terrace Boulevard ROW. River Terrace Plan District 18.640-7 Code Update:4/20 iii. All development must provide at least one walkway connection between the development and the trail a minimum of every 200 feet of River Terrace Boulevard ROW length, or as otherwise required by the City Engineer for connectivity purposes. b. Any building designed for residential use on an apaitnient development site that is located within 40 feet of the River Terrace Boulevard ROW must meet all of the building design standards in Subsection 18.640.070.E for the entire elevation that faces the River Terrace Boulevard ROW, including those portions of the building facade that are more than 40 feet from the ROW. c. Apartment or rowhouse development sites may not include nonresidential buildings or uses (e.g., parking lots, detached garages or carports, and utility or storage buildings) within 40 feet of the River Terrace Boulevard ROW. 3. The following standards apply to all development subject to conditional use approval that is located on either side of the River Terrace Boulevard ROW, except where an adjustment has been approved as provided in Subsection 18.640.060.D. a. Any building that is located within 40 feet of the River Terrace Boulevard ROW must meet all of the building design standards in Subsection 18.640.070.E for the entire elevation that faces the River Terrace Boulevard ROW, including those portions of the building facade that may be further than 40 feet from the ROW, or as otherwise determined by the approval authority through the conditional use review process. b. Any landscape element or structure, including an accessory structure or fence, that is located in a setback abutting the River Terrace Boulevard ROW must be located and designed to support and reinforce a positive pedestrian streetscape experience. c. Conditional use development located on the side of the River Terrace Boulevard ROW with the trail corridor must provide at least one walkway connection between the development and the trail a minimum of every 200 feet of River Terrace Boulevard ROW length, or as otherwise determined by the approval authority through the conditional use review process. d. Conditional use development may not include parking lots within 40 feet of the River Terrace Boulevard ROW. 4. Direct individual access to River Terrace Boulevard from rowhouse or single detached house development sites is not allowed along the River Terrace Boulevard ROW, except where an adjustment has been approved as provided in Subsection 18.640.060.D. Direct access to River Terrace Boulevard from apartment, conditional use, and commercial development sites are allowed where no other practicable alternatives exist. If direct access is allowed by the city through the site development or conditional use review process, the applicant is required to mitigate for any safety or traffic management impacts identified by the City Engineer. This may include, but is not limited to, the construction of an on-site vehicle turnaround to eliminate the need for any vehicle turning or backing movements in the public right-of-way. 5. Fences,walls,hedges, or any combination thereof, such as a fence on top of a retaining wall, over 3 feet in height are not allowed in any front, side, or rear setback that lies between any apartment, rowhouse, or single detached house development site and the River Terrace Boulevard ROW, except as allowed below or where an adjustment has been approved as provided in Subsection River Terrace Plan District 18.640-8 Code Update:4/20 18.640.060.D. Unstained wood, unfaced concrete masonry units (CMU), and chain link fencing are prohibited, except as required for wetlands or other sensitive areas. a. Fences or walls that are an integral part of an entrance, such as on a porch or stoop, are allowed subject to the applicable setback standards. b. Rowhouse or single detached house development sites with side lot lines abutting the River Terrace Boulevard ROW may have a fence, wall, or hedge up to 6 feet in height and 25 feet in length along the side lot line. Additionally, a fence, wall, or hedge up to 6 feet in height may be of any length along the rear lot line and the side lot line opposite the River Terrace Boulevard ROW.An illustration of this fence allowance is shown in Figure 18.640.1. Figure 18.640.1 Fence Allowance for Side Lot Lines Abutting River Terrace Boulevard i Fence up to 6'in height i w I I w w I X: 25' length restriction Y: No length restriction Rear Yard ! Y U ' 1 i ding I I T I I 1 L Property Line . — . — . — . — . -1— — — — — — .J — I x I RIVER TERRACE BLVD C. Density bonus. In order to help offset the land and development costs associated with the construction of River Terrace Boulevard, residential development sites abutting River Terrace Boulevard ROW that are not proposing a planned development may choose to propose smaller and narrower lots along River Terrace Boulevard in compliance with Table 18.640.1. The reduced lot sizes and lot areas per dwelling unit that are described below are used to calculate the maximum and minimum number of residential units allowed in compliance with Subsections 18.40.130.A and B. This density bonus only applies to those proposed residential lots within a subdivision that will have a front, side, or rear lot line abutting the River Terrace Boulevard ROW. All other proposed lots within the subdivision are subject to the applicable minimum lot size and width standards. River Terrace Plan District 18.640-9 Code Update:4/20 Table 18.640.1 Reduced Minimum Lot Size and Width for Residential Lots Abutting River Terrace Boulevard Base Zone Minimum Lot Size Minimum Lot Width R-4.5 Zone Single detached house lots 4,500 sf 40 ft R-7 Zone Single detached house lots 3,500 sf 35 ft Rowhouse lots 2,500 sf[1] 25 ft R-12 Zone I=1 1=17- Apartment lots 2,000 sf[1] NA Single detached house and rowhouse lots 2,500 sf[1] NA [1] Minimum lot area per dwelling unit for apai lriient and rowhouse developments D. Adjustments. An application for an adjustment is processed through a Type II procedure as provided in Section 18.710.060, using approval criteria in Section 18.715.050.A. The applicant must also demonstrate that all of the following are met: 1. The standard cannot be met due to: a. Topography or other natural constraints associated with the specific development site; or b. Public safety concerns or other legitimate considerations associated with the specific use. 2. The proposed design provides safe and convenient vehicle and pedestrian connections to River Terrace Boulevard. 3. If fences or walls, including retaining walls, over 3 feet in height are proposed, they are constructed of high-quality materials including, but not limited to, brick, stone, or wrought iron. Unstained wood, unfaced concrete masonry units (CMU), and chain link fencing are prohibited, except as required for wetlands or other sensitive areas. (Ord. 19-09 §1; Ord. 18-28 §1; Ord. 18- 23 §2; Ord. 17-22 §2) 18.640.070 Planned Developments The requirements of Chapter 18.770,Planned Developments, apply to all planned developments in River Terrace, except as modified below. A. Density calculation. To encourage development that is consistent with the design concept for River Terrace Boulevard, the River Terrace Community Plan, and the building design standards in this chapter, planned developments in River Terrace may limit the land dedicated for public or private rights-of-way, including tracts for vehicle access, to 20 percent of gross site acreage for the purpose of calculating net development area and density. B. Housing types. In addition to Paragraph 18.770.030.1.2, all housing types may be allowed in the C-C zone where appropriately located, designed, and scaled. Any proposed housing must meet the applicable standards of this chapter and the applicable housing type chapter in 18.200 Residential Development Standards, except as adjusted through the planned development approval process. River Terrace Plan District 18.640-10 Code Update:4/20 C. Common open space. A minimum of 20 percent of gross site area is required as common open space. Common open space may not contain sensitive lands. The following alternative open space and development enhancements may be provided in lieu of meeting the 20-percent open space standard. These alternatives are intended to provide the community with benefits that are consistent with the overall development vision for River Terrace as described in the River Terrace Community Plan and River Terrace Park System Master Plan Addendum. 1. The development must provide parks,trails, or open space that: a. Meets a need for neighborhood parks, linear parks, open space, or trails that is identified in the River Terrace Park System Master Plan Addendum with respect to both location and the plan's level of service standard; and b. Will be dedicated to the public if the proposal is for a neighborhood park, linear park, or trail. 2. The development must include at least three of the following development enhancements: a. Trails or paths that augment the public sidewalk system and facilitate access to parks, schools,trails, open spaces, commercial areas, and similar destinations. Trails and paths must meet all applicable federal and state accessibility standards and be dedicated to the public or placed in a public access easement. Trails and paths in a public access easement will be maintained by a homeowner association. b. Nature trails along or through natural resource areas or open spaces. Trails through protected natural resource areas must obtain all necessary approvals and meet all applicable development standards. Trails must meet all applicable federal and state accessibility standards and be dedicated to the public or placed in a public access easement. Trails in a public access easement will be maintained by a homeowner association. c. Trails, paths, or sidewalks that provide direct access to a public park or recreation area that is no further than 0.25 miles from the development site. Trails and paths must meet all applicable federal and state accessibility standards and be dedicated to the public or placed in a public access easement. Trails and paths in a public access easement must be maintained by a homeowner association. d. Intersection treatments that are acceptable to the City Engineer and that elevate the pedestrian experience through art,landscaping, signage, enhanced crossings, or other similar treatments. e. High-quality architectural features on rowhouses and single detached houses that meet the building design standards in Subsection 18.640.070.E. 3. For those properties abutting Roy Rogers Road or River Terrace Boulevard, one or more of the following enhancements may be provided in lieu of one or more of the enhancements listed in Paragraph 18.640.070.C.2: a. Long-term maintenance plan administered by a homeowner association that is acceptable to the applicable road authority for any proposed or required landscaping in or adjacent to the Roy Rogers Road or River Terrace Boulevard right-of-way that is not part of a stormwater management facility. River Terrace Plan District 18.640-11 Code Update:4/20 b. High-quality visual and noise buffer along Roy Rogers Road that includes both a vegetative and solid barrier component outside of the public right-of-way. c. Park facilities in the River Terrace Trail corridor, including, but not limited to, benches, picnic tables, lighting, or small playground areas (i.e., tot lots or pocket parks). Provision of such facilities may allow the applicant to count the trail corridor as a linear park facility, thus contributing to meeting the city's level of service standards in the River Terrace Park System Master Plan Addendum for both linear parks and trails. The Public Works Director will determine whether the proposed facilities elevate the trail corridor to a linear park facility. D. Street design standards. The standards of Chapter 18.910, Improvement Standards, apply in addition to the specific provisions for public skinny streets, private streets, and private alleys in Subsections 18.640.080.0 and D. E. Design standards for single detached houses and rowhouses. The following design standards apply to single detached houses and rowhouses where the applicant chooses to provide them under Subparagraph 18.640.070.C.2.e or where required by Subsection 18.640.060.A. The design standards in Chapter 18.290, Single Detached Houses, and Chapter 18.280, Rowhouses, apply in all other situations. These standards are intended to promote architectural detail,human-scale design, street visibility, and privacy of adjacent properties, while affording flexibility to use a variety of architectural styles. The graphics provided are intended to illustrate how development could comply with these standards and should not be interpreted as requiring a specific architectural style. An architectural feature may be used to comply with more than one standard. 1. Articulation. All buildings must incorporate design elements that break up all street-facing facades into smaller planes as follows. An illustration of articulation is shown in Figure 18.640.2. Figure 18.640.2 Building Articulation All Dormer ` win. Balcony Porch IL um '� � Recessed facade a. This standard does not apply to buildings on lots that have less than 30 feet of street frontage. River Terrace Plan District 18.640-12 Code Update:4/20 b. For buildings on lots with 30 to 60 feet of street frontage, a minimum of one of the following elements must be provided on each street-facing facade that has 30 to 60 feet of street frontage. i. A porch that is at least 5 feet deep. ii. A balcony that is at least 2 feet deep and is accessible from an interior room. iii. A window that projects at least 2 feet from the street-facing facade and is at least 5 feet wide(e.g.,bay window). iv. A vertical wall section that is offset by at least 2 feet from the street-facing facade and is at least 6 feet wide. v. A gabled dormer. c. For buildings on lots with over 60 feet of street frontage, a minimum of one additional element from Subparagraph 18.640.070.E.1.b must be provided for every 30 feet of street frontage over 60 feet, on each street-facing facade that has over 60 feet of street frontage. Elements must be distributed along the length of the facade so that there is no more than 30 feet between elements. 2. Eyes on the street. At least 12 percent of the area of each street-facing facade must include windows or entrance doors. An illustration of eyes on the street is shown in Figure 18.640.3. Street-facing facade is defined as the aggregate area of all vertical exterior walls measured from top of finished floor at lowest level to top plate or roof eave at highest level, including areas of exterior walls above top plate or roof eave, such as areas within gables,dormers, and clerestories. Figure 18.640.3 Eyes on the Street Street-facing windows and main entrance door 4a1_ -- 50% of garage door I window area L a. Windows. Window area is the aggregate area of each window unit measured around the visible perimeter of the window, including the outer window frame and any interior grids, mullions,or transoms. River Terrace Plan District 18.640-13 Code Update:4/20 i. Wall windows. All of the window area in a street-facing facade wall, including the side wall of a garage, may count toward meeting this standard provided that the windows are transparent and allow views from the building to the street. Glass blocks and privacy windows in bathrooms do not count toward meeting this standard. ii. Garage door windows. Half of the window area in the doors of an attached garage may count toward meeting this standard. b. Entrance doors. Door area is considered the portion of the door that moves. Door frames do not count toward this standard. Entrance doors used to meet this standard must be parallel to the street or at an angle that is no more than 45 degrees from the street. 3. Entrances. At least one entrance must meet both of the following standards. An illustration of entrances is shown in Figure 18.640.4. The entrance must be: a. Set back no further than 8 feet beyond the widest street-facing wall of the building that encloses living area; and b. Parallel to the street, at an angle that is no more than 45 degrees from the street, or open onto a porch. If the entrance opens onto a porch,the porch must meet the following standards: i. Have a minimum area of 25 square feet and a minimum depth of 5 feet, ii. Have at least one porch entrance facing the street, iii. Have a roof that is no more than 12 feet above the floor of the porch, and iv. Have a roof that covers at least 30 percent of the porch area. Figure 18.640.4 Entrances I I I I I I I I ARAGE DWELLING j I GARAGE DWELLING j UNIT UNITNU entrap Mam ' ( l � cntrnce � L." • i ‘TI I I Longest Porch entry street-facing wall of dwelling unit Front lot line _ * j Front lot line - Sitiowalk S At t STREET STREET 4. Detailed design. All buildings must include at least five of the following elements on all street- facing facades.An illustration of detailed design elements is shown in Figure 18.640.5. River Terrace Plan District 18.640-14 Code Update:4/20 a. Covered porch: a minimum depth of 5 feet, as measured horizontally from the face of the building wall,and a minimum width of 5 feet. b. Recessed entrance area: A minimum depth of 2 feet, as measured horizontally from the face of the building wall, and a minimum width of 5 feet. Figure 18.640.5 Detailed Design Elements 4-- rA Roof line offsets Roof eaves Window trim 1 ..___ !; -",1 Covered porch Recessed entry c. Wall offset: a minimum offset of 16 inches from one exterior wall surface to the other. d. Dormer: a minimum width of 4 feet that is integrated into the roof form. e. Roof eave: a minimum projection of 12 inches from the intersection of the roof and the building walls. f. Roof offset: a minimum offset of 2 feet from the top surface of one roof to the top surface of the other. g. Roof shingles: tile or fire-resistant roofing material. h. Roof design: gable roof,hip roof, or gambrel roof design. i. Roof pitch: one roof pitch of at least 500 square feet in area that is sloped to face the southern sky and has its eave line oriented within 30 degrees of the true north/south axis. j. Horizontal lap siding: a minimum visible lap width of 3 to 7 inches once installed. The siding material must be wood, fiber-cement, or vinyl to meet this standard. k. Accent siding: brick, cedar shingles, stucco, or other accent material that covers a minimum of 40 percent of the street-facing facade. 1. Window trim: a minimum width of 2.5 inches and a minimum depth of 5/8 inches around all street-facing windows. River Terrace Plan District 18.640-15 Code Update:4/20 m. Window recess: a minimum depth of 3 inches, as measured horizontally from the face of the building wall, for all street-facing windows except where a bay window is proposed that meets the standard in Subparagraph 18.640.070.E.4.n. n. Window projection(e.g., bay window): a minimum depth of 2 feet, as measured horizontally from the face of the building wall, and a minimum width of 5 feet. o. Balcony: a minimum depth of 3 feet and a minimum width of 5 feet that is accessible from an interior room. p. Attached garage: 35 percent or less of the street-facing facade width, as measured between the inside of the garage door frame. 5. Garages and carports. The purpose of these standards is to prevent garages and carports from obscuring or dominating the street-facing facade of residential buildings. An illustration of garage door width is shown in Figure 18.640.6. a. Garage and carport setback. A garage door or carport entrance designed for vehicle access must be set back a minimum of 20 feet from the street property line. Where vehicle access is taken from a private street or alley, this setback may be reduced to 0 feet where proper clearances for turning and backing movements are provided. A garage door or carport entrance designed for vehicle access may not be closer to the street property line than a facade that encloses living area, except as follows: i. A garage or carport may extend up to 5 feet in front of a facade that encloses living area if there is a covered front porch with no horizontal dimension less than 5 feet, and the garage door or carport entrance does not extend beyond the roof of the porch, excluding gutters. ii. A garage door or carport entrance may extend up to 5 feet in front of a facade that encloses living area if there is a second story above the garage that includes a street- facing window a minimum area of 12 square feet and a horizontal offset of no more than two feet from the plane of the garage door. b. Garage door width. The width of a garage door is the width of the opening as measured from inside the garage door frame. i. A dwelling unit is allowed one 12-foot-wide garage door, regardless of the total width of the street-facing facade. ii. A dwelling unit may have a garage door wider than 12 feet provided that it does not exceed 40 percent of the total width of the street-facing facade on which the garage door is located. iii. The maximum allowed garage door width may be increased to 50 percent of the total width of the street-facing facade provided that a total of 7 detailed design elements from Paragraph 18.640.070.E.4 are included on the street-facing facade on which the garage door is located. River Terrace Plan District 18.640-16 Code Update:4/20 c. Garage orientation. A garage may face the front or street side lot line on a corner lot provided that the eyes on the street standard in Paragraph 18.640.070.E.2 is met for both street-facing facades. Figure 18.640.6 Garage Door Width rPropertyLine . —U —•—U —U— U— • — — a — a , Building X: 12' allowed. More than 12' iallowed when X no more than 40 percent (or 50 percent in some circumstances) of Y. Y: Street-facing facade. Garages (X measured i between the inside of the garage door I— X —I frame) I y (Ord. 20-01 §1; Ord. 19-09 §1; Ord. 18-28 §1; Ord. 18-23 §2; Ord. 17-22 §2) 18.640.080 Street Design A. River Terrace Boulevard. The following street design standards apply to River Terrace Boulevard as shown in Figure 18.640.7. The general location of River Terrace Boulevard is shown on Map 18.640.B,which is located at the end of this chapter. Figure 18.640.7 River Terrace Boulevard Cross-Section G G G f? r • 8'*" 14' Median/ 8'** 6' { 8.5'* 11' .Turn Lane*** 11' 0 . 5.5'* 13'**** 12'Trail 13'**** R/W 110' 3 Lane 110'R/W * Includes 0.5'curb **Interspersed with 6'landscape strip extensions ***Includes 2'clearance from travel lanes and 0.5'curb on both sides ****26'minimum width of landscaping unequally distributed on both sides of the trail 1. Design standards for River Terrace Boulevard. Right-of-way width must be 110 feet, plus additional right-of-way as needed for slopes, retaining walls, etc. Right-of-way and improvement widths may be reduced to lessen impacts on protected natural resource areas. Right-of-way and River Terrace Plan District 18.640-17 Code Update:4/20 improvement widths may also be reduced where the city determines that on-street parking adjacent to the trail corridor is not feasible or necessary or where a reduction is otherwise in the public interest as described in the River Terrace Community Plan, River Terrace Transportation System Plan Addendum, or River Terrace Park System Master Plan Addendum. Given the unique nature of this street, the Public Works Director, in consultation with the Community Development Director, will determine the final alignment, right-of-way width, and improvement widths using the following standards as guidelines unless the applicant requests a formal adjustment through a Type II procedure, as provided in Chapter 18.715, Adjustments. All landscaped areas must meet the Public Improvement Design Standards for River Terrace Boulevard. a. Sidewalks. i. With or without on-street parking, and not adjacent to trail corridor: 6-foot minimum width. ii. With on-street parking, and adjacent to trail corridor: 5.5-foot minimum width (includes 0.5-foot curb). iii. Without on-street parking, and adjacent to trail corridor: no sidewalk required. b. Landscape strips. i. With or without on-street parking, and not adjacent to trail corridor: 8.5-foot minimum width(includes 0.5-foot curb). ii. With on-street parking, and adjacent to trail corridor: no landscape strip required. iii. Without on-street parking, and adjacent to trail corridor: 8.5-foot minimum width (includes 0.5-foot curb) between travel lane and trail. This width may also be used to meet the trail corridor landscaping requirement in Subparagraph 18.640.080.A.1.f.ii. c. Bike facilities. Accommodated within trail corridor described in Subparagraph 18.640.080.A.1.f. d. On-street parking. 8-foot minimum width where provided, interspersed with 6-foot minimum width landscape strip extensions. e. Travel lanes. i. Through lanes: one 11-foot travel lane in each direction. ii. Median: 14 feet between travel lanes to be used for landscaping, pedestrian crossing refuge, or left-turn lane (includes 2-foot clearance from travel lanes and 0.5-foot curb on both sides). iii. Left-turn lane: 11-foot minimum width where left turns are allowed, as determined by the City Engineer. f. Trail corridor. 38-foot minimum width on one side of the street. River Terrace Plan District 18.640-18 Code Update:4/20 i. Trail: 12-foot minimum width of paving. ii. Trail corridor landscaping: 26-foot minimum width of landscaping unequally distributed on both sides of the trail to facilitate trail curvature. This width may be reduced if adjacent to a public park or other open space easement or tract and may be used for stormwater management purposes with the approval of the City Engineer. g. Required street lighting. Intersection safety lighting and basic street lighting per Public Improvement Design Standards. h. Vehicle access. See Paragraph 18.640.060.B.4. B. Commercial collector. The following street design standards apply to the commercial collector as shown in Figure 18.640.8. These standards apply to the collector street located in the C-C zone. The general location of the commercial collector is shown on Map 18.640.B, which is located at the end of this chapter. Figure 18.640.8 Commercial Collector Cross-Section p a ANEW Q Q 8' 5.5' O 16'Bike I 11' 11' I6'BikeI P I 5.5' i 8' R/W 78' 2 Lane MIL 1. Design standards for commercial collector. Right-of-way width must be 78 feet, plus additional right-of-way as needed for slopes, retaining walls, etc. Right-of-way and improvement widths may be reduced to lessen impacts on protected natural resource areas. Right-of-way and improvement widths may also be reduced where the city determines that a reduction is in the public interest as described in the River Terrace Community Plan, River Terrace Transportation System Plan Addendum, or River Terrace Park System Master Plan Addendum. The City Engineer will determine the final alignment, right-of-way width, and improvement widths using the following standards as guidelines unless the applicant requests a formal adjustment through a Type II procedure as provided in Chapter 18.715,Adjustments. a. Sidewalks. 8-foot minimum width on both sides of the street. b. Landscape strips/furnishing zones/tree wells. 5.5-foot minimum width on both sides of the street(includes 0.5-foot curb). c. Bike facilities. 6-foot minimum width bike lanes on both sides of the street. d. On-street parking. 8-foot minimum width on both sides of the street. e. Travel lanes. River Terrace Plan District 18.640-19 Code Update:4/20 i. Through lanes: one 11-foot lane in each direction. ii. Left-turn lane: 11-foot minimum width where left turns are allowed, as determined by the City Engineer. f. Required street lighting. Intersection safety lighting,basic street lighting,and pedestrian-scale lighting. g. Pedestrian street crossings. Curb extensions must be provided at all pedestrian street crossings (midblock or at intersections) unless the City Engineer finds it is in the public interest not to require curb extensions(e.g.,to facilitate truck turning movements). C. Public skinny streets and private streets. Development sites that have public street frontage on an arterial street upon which they cannot take vehicle access may take access from a private street that meets city standards or from another public street that, at a minimum, meets the skinny street option as shown in Figure 18.910.6.B. Private street standards are established by the City Engineer in compliance with Subsection 18.910.030.T. 1. The skinny street option in Figure 18.910.6.B may be used: a. Regardless of the expected number of vehicles per day; b. When the applicant can demonstrate that the development fronting the proposed skinny street meets the on-street parking standards in Section 18.640.100; and c. When the proposed skinny street is located in a planned development. 2. A private street option may be used: a. When the applicant can demonstrate that a public street option is not appropriate for the development being proposed or is not practicable due to topography or other natural constraints associated with the specific development site; b. When the applicant can demonstrate that the proposed private street design provides safe and convenient vehicle and pedestrian connections to the public street network; c. When the applicant can demonstrate that the development fronting the proposed private street meets the on-street parking standards in Section 18.640.100; and d. When the proposed private street is located in a planned development; e. When the proposed private street will be managed by a homeowner association into perpetuity. For each private street there must be a legal recorded document that includes the following at a minimum: i. A legal description, ii. Ownership, iii. Use rights, including responsibility for enforcement,and River Terrace Plan District 18.640-20 Code Update:4/20 iv. A maintenance agreement, including an allocation or method of determining liability for a failure to maintain. 3. Private streets that are proposed in locations other than those described in Paragraph 18.640.080.C.2 must meet all of the standards in Subsection 18.910.030.T. D. Private alleys. Development sites that have public street frontage on a local street, neighborhood route, or collector street may choose to provide vehicle access through a private alley provided that the alley meets all of the standards below and in Subsection 18.910.030.R. 1. The proposed alley is located in a tract for private access purposes; and 2. The proposed alley is managed by a homeowner association into perpetuity. For each alley there must be a legal recorded document that includes the following at a minimum: a. A legal description, b. Ownership, c. Use rights, including responsibility for enforcement, and d. A maintenance agreement, including an allocation or method of determining liability for a failure to maintain. (Ord. 18-28 §1; Ord. 18-23 §2; Ord. 17-22 §2) 18.640.090 Street Connectivity A. Street alignment and connections. In addition to the exceptions already allowed in Subsection 18.910.030.H,the following exceptions also apply to development in River Terrace. 1. For development sites located on the side of the River Terrace Boulevard right-of-way with the trail corridor, an additional exception to the street spacing requirement is allowed and encouraged to minimize the number of trail crossings, provided that there are bicycle and pedestrian connections in public easements or rights-of-way a minimum of every 330 feet. 2. For public or private school sites, an additional exception to the street spacing requirement is allowed,provided that there is adequate internal circulation for pedestrians, cyclists, and vehicles within and through the site and a sufficient number and distribution of public access points from the site to public streets, sidewalks, and trails as determined by the approval authority. B. Block perimeter. The perimeter of blocks formed by streets must not exceed a total of 1,600 feet measured along the centerline of the streets except where street location is precluded by natural topography, wetlands, significant habitat areas, bodies of water, pre-existing development, or an arterial or collector street along which the city has identified a need to minimize the number of intersections. (Ord. 18-23 §2; Ord. 17-22 §2) 18.640.100 On-Street Parking A. Applicability. In addition to the standards in Chapter 18.410, Off-Street Parking and Loading, the following on-street parking standards apply to all single detached house and rowhouse development in River Terrace with individual off-street parking and vehicle access on a local street, neighborhood route,or private street or alley. River Terrace Plan District 18.640-21 Code Update:4/20 B. Quantity standards. All single detached house development described in Subsection 18.640.100.A must provide the following number of on-street parking spaces: 1. For a dwelling unit with one off-street parking space, a minimum of 2 on-street parking spaces must be provided. 2. For a dwelling unit with two off-street parking spaces, a minimum of 1 on-street parking space must be provided. 3. For dwelling units with more than two off-street parking spaces, a minimum of 1 on-street parking space must be provided for every two lots with more than two off-street parking spaces that are adjacent to each other. C. Dimensional standards. Parking spaces must be at least 20 feet in length. Parking spaces may not utilize street frontage that contains a driveway, driveway apron, crosswalk, congregate mailbox structure, or fire hydrant to meet the required dimensional standard. D. Location standards. Required on-street parking spaces must be provided within the development site and along the affected lot's street frontage by parallel parking, except as provided below. 1. All or some of the on-street parking spaces required in Paragraphs 18.640.100.B.1 through 3 may be provided on a street frontage not associated with the affected lot provided that the required parking spaces are located on the same block and within 200 feet of the affected lot. 2. All or some of the on-street parking spaces required in Paragraphs 18.640.100.B.1 through 3 may be provided in parking courts that are interspersed throughout the development when all of the following standards are met: a. A parking court may not contain more than 8 parking spaces. b. A parking court must be located within 200 feet of the affected lots. c. Parking courts within the same block and on the same side of the street must be separated by at least 200 feet of street frontage. d. A parking court must be paved and comply with all applicable grading and drainage standards in this title. e. A parking court must have a landscape strip around its perimeter that is at least 5 feet wide and contains living ground cover and trees spaced every 15 to 40 feet on center. The ground cover must include shrubs of an appropriate height to minimize headlight glare impacts on adjacent residential uses. f. A parking court must be illuminated. All lighting must be shielded and directed away from adjacent residential uses. g. A parking court that takes access on a public or private local street or alley may be designed to allow vehicle turning or backing movements within the street or alley. A parking court that takes access on a public neighborhood route may be designed to allow vehicle turning or backing movements within the public right-of-way with the approval of the City Engineer. River Terrace Plan District 18.640-22 Code Update:4/20 h. All parking spaces in a parking court must be clearly marked. i. A parking court must be privately owned and maintained by a homeowner assocation into perpetuity. For each parking court there must be a legal recorded document that includes, at a minimum,the following: i. A legal description, ii. Ownership, iii. Use rights, including responsibility for enforcement,and iv. A maintenance agreement, including an allocation or method of determining liability for a failure to maintain. j. A parking court, incuding landscaped areas, may not be used to satisfy any requirement for open space or recreation. Additionally, the paved portion of a parking court may not be used as a development's stormwater management facility where it would interfere with the use of the court for parking. k. A parking court must be used solely for the parking of operable passenger vehicles. (Ord. 20- 01 §1; Ord. 18-28 §1; Ord. 18-23 §2; Ord. 17-22 §2) 18.640.110 Temporary Sales Offices and Model Homes One temporary sales office and one or more model homes may be located and used prior to final plat approval when proposed in conjunction with a preliminary plat application for a subdivision. Any such proposal will be processed using the approval process in Section 18.440.040 and the approval criteria in Subsection 18.440.050.C, and it must comply with the provisions in this section. If a temporary sales office or model home is not proposed in conjunction with a preliminary plat application for a subdivision, one or both may be proposed at a later date in compliance with Chapter 18.440, Temporary Uses. A. Temporary sales office. 1. A maximum of one temporary sales office, not including a sales office in a model home, per subdivision is allowed for placement on a lot intended for a dwelling unit as shown on the preliminary plat. 2. Conditions of approval for a temporary sales office must protect the public's health, safety, and welfare. Conditions of approval may include,but are not limited to,the following: a. Provision of adequate fire access and water supply, including fire hydrants. b. Provision of safe and adequate pedestrian and vehicle access, including a sidewalk along the frontage of each sales office lot and curbs and the first lift of asphalt on all streets proposed to serve the sales office lot. c. Installation of utilities within all streets proposed to serve the sales office lot. d. Provision of adequate parking. River Terrace Plan District 18.640-23 Code Update:4/20 3. Any improvements to the property must be designed and constructed so as to not preclude future use of the property as zoned. B. Model homes. 1. The maximum number of model homes allowed is as follows: a. Three, or one for every 6 acres of land proposed for subdivision in a preliminary plat, whichever is greater, if the preliminary plat application is proposed in conjunction with a planned development application. b. One, or one for every 6 acres of land proposed for subdivision in a preliminary plat, whichever is greater, if the preliminary plat application is not proposed in conjunction with a planned development application. 2. Conditions of approval for a model home must protect the public's health, safety, and welfare. Conditions of approval may include,but are not limited to,the following: a. Provision of adequate fire access and water supply, including fire hydrants. b. Provision of safe and adequate pedestrian and vehicle access, including a sidewalk along the frontage of each model home lot and curbs and the first lift of asphalt on all streets proposed to serve each model home lot. c. Installation of utilities within all streets proposed to serve each model home lot. d. Provision of adequate parking. 3. Any improvement to the property must be designed and constructed so as to not preclude full compliance with all applicable development standards upon final plat approval. The applicant bears the sole and complete risk of altering or relocating the model home prior to final plat approval if such actions are necessary for it to comply with all applicable development standards upon final plat approval. 4. Each model home must be located and constructed on a separate preliminary lot intended for a dwelling unit as shown on the preliminary plat and in conformance with all applicable development standards, including but not limited to: setbacks, lot coverage,height, facade design, and access. The lot on which the model home is located is not a final approved lot for any purpose. A model home approval is not the basis for an adjustment, exception, vested right, or nonconforming use. 5. A model home may only be occupied during established business hours and in no event be used as an overnight accommodation. 6. One model home may be used as a temporary sales office in lieu of a temporary sales office approved in compliance with either Subsection 18.640.110.A or Subsection 18.440.030.C. C. Owner authorization and performance bond. A temporary use application for a sales office or model home must include authorization from the owner, binding its successors and assigns, for the city to enter the property and take such actions as are necessary to demolish and remove any temporary sales office or model home that has been declared a nuisance pursuant to Paragraph 18.640.110.D.2. The River Terrace Plan District 18.640-24 Code Update:4/20 applicant must post a performance bond in favor of the city in an amount designated in the temporary use approval as a reasonable estimate of the cost sufficient for this purpose. The bond will be released upon final plat approval. D. Removal of model home or temporary sales office. 1. If final plat approval is not obtained prior to the expiration of the preliminary plat approval, each model home or temporary sales office must be removed and the property restored and made safe by the applicant or owner. This must occur no later than 60 days after the expiration of the preliminary plat approval. 2. A model home or temporary sales office not removed in compliance with Paragraph 18.640.110.D.1 will be declared a nuisance. The city will enter the property and abate the nuisance by taking such actions as are necessary to demolish and remove the structure in compliance with the owner authorization and performance bond required in Subsection 18.640.110.C. River Terrace Plan District 18.640-25 Code Update:4/20 Map 18.640.A: River Terrace Plan District Boundary "41111-- River Terrace Plan District ® >_�M . 'jai* ' a _ NA Plan District Boundary dQ ��NA Ale TIGARD O Tigard City Boundary A XI , �o r (�,Q. ' r h i I 0 r, O\> p►, m min - s l (1111-1--, - . • i I - ,t 1 E upil I I "'-' ,. i 1• 06 a II . ,n . . ,:-4 . A I ii% Letepg4 rif 1 I T t . I -fli.,.[T_Eis,,, gr. [_-{ II II/1k 1 1 1 ,, ch, I I e, ., Ft— .,. , - 1 1 - 1 1 SW BULL MOUNTAIN RD -1 1_1 L1- 1 ?Ifni �r 7 �1 pair 1 I ilia se 1 1 r7( F4u-11 (r—�f) _ �r ��- --- J(r i 1 tij ]TTTn — '�i I lit 1 1 1 _ t I s. I moi _? Qa cn son i r _ River Terrace Plan District 18.640-26 Code Update:4/20 Map 18.640.B: River Terrace Boulevard and Commercial Collector Location L - tip¢. II.Wfs �67 River Terrace Boulevard � ,�4 � ■ &Commercial Collector — - Future River Terrace Streets • i_. '____-LTIGARD _. ■■ RiaerTerrace Boulevard — ` _ _ — H%�� ■ '-= mitt Commercial Collector ( �I NIB 1 ■ ■ Collector 1 f►fwf�+11■11 I• • ■ Neighborhood Route g • •i r■I Existing Streets ■I. ■ \ * 1=it Arterial il Collector H■lm ■ta>il1 1- Q Tigard City Boundary ■■Pa ■■1 i ■■ No mo ..® L -tur = [filfIE - fr�� �''� --] • ■ ■ ■ir 111■q• ■' mu • I li L- _ _Ras -_ ei Prgipip r i- - - a so 1:111 ill Pir 4m 01. I. .."11. "tt,1 In i prra, . ' 1 ‘agirla lemii&akiii. Millaillm r. gcm, mi. *ads allorm _ I SW4BUt MpUN�T' ' R �.'•� 1IiV Imirt e� 1 trirur .1. ;hifihilflffi 4 air . 's um... /Nat ! ` II N� I��/�/ iNliiir� =ff-gl Er:0,114 Al ■■�r. iii Milli n r ar P �■Mill Ii■�IN a na .q lFrrm■ .2 Ili q , _nisi' i ` H_, . . 111::1:asil1�ziouNd ii mitt 111/ Min 114 it �_ n ui'r Min rei 2 I 014 Ma VI Ilkw 'OC \1L LJ_L LI I 11111111 u; •• it I �'•11� ' aurLa1N111� ■ p I nu amp.40 h� I - _ I 1 N IIOCiaart, 1r,i main �I III .J I Hi171Th (Ord. 18-28 §1; Ord. 18-23 §2; Ord. 17-22 §2) ■ River Terrace Plan District 18.640-27 Code Update:4/20 Chapter 18.650 TIGARD DOWNTOWN PLAN DISTRICT Sections: 18.650.010 Purpose 18.650.020 Applicability 18.650.030 Approval Process 18.650.040 Approval Criteria 18.650.050 Development Standards 18.650.060 Design Standards 18.650.070 Transportation Connectivity 18.650.080 Specific Adjustments 18.650.010 Purpose A. Purpose. The purpose of this chapter is to implement the comprehensive plan, Tigard Downtown Improvement Plan, and urban renewal plan and ensure the quality, attractiveness, and special character of the downtown plan district, as shown on Map 18.650.A. The regulations are intended to: 1. Facilitate the development of an urban village by promoting the development of a higher density, economically viable, and aesthetically pleasing pedestrian-oriented downtown where people can live,work,play, and shop for their daily needs without relying on the automobile. The quality and scale of the downtown urban environment will foster social interaction and community celebration. 2. Encourage the integration of natural features and the open space system into downtown by promoting development sensitive to natural resource protection and enhancement; addressing the relationship to Fanno Creek Park; and promoting opportunities for the creation of public art and use of sustainable design. 3. Enhance the street level as an inviting place for pedestrians by guiding the design of the buildings that frame the right-of-way (the public realm) to contribute to a safe, high quality pedestrian- oriented streetscape. Building features will be visually interesting and human-scaled, such as storefront windows, detailed facades, art, and landscaping. The impact of parking on the pedestrian system will also be limited. The downtown streetscape will be developed at a human scale and closely connected to the natural environment through linkages to Fanno Creek open space and design attention to trees and landscapes. 4. Promote Tigard's downtown as a desirable place to live and do business. Promote development of high-quality high-density housing and employment opportunities in the downtown. 5. Provide a clear and concise guide for developers and builders by employing greater use of graphics to explain community goals and desired urban form to applicants, residents and administrators. B. Sub-areas. The four sub-areas located on Map 18.650.B and described below have different development standards in order to create a feeling of distinct districts within the larger zone. 1. Highway 99W and Hall Boulevard Corridor. The purpose of this sub-area is to create a pulse- point along the Highway 99W corridor. Located at the intersection of 99W and Hall Boulevard, Tigard Downtown Plan District 18.650-1 Code Update:4/20 the area has the high traffic and visibility to draw potential retail customers from the region. The area will accommodate higher levels of vehicular circulation, while maintaining a pedestrian scale at the first story of buildings. It allows development of mixed-use and retail buildings that vary in scale from single-story retail-only buildings to mixed-use buildings up to 45 feet tall with retail on the first story and residential or Office uses above. 2. Main Street - Center Street. The purpose of this sub-area is to create pedestrian-oriented, smaller scale development centered on the city's historic downtown Main Street. The pedestrian environment is improved with continuous building facades broken only intermittently. New buildings in the sub-area must include commercial storefront features on the first story. Residential and commercial uses are allowed on upper stories. 3. Scoffins Street - Commercial Street. The purpose of this sub-area to provide an opportunity for higher-density residential as well as an employment base comprised of civic, office, and commercial uses in the areas of Commercial Street and Scoffins Street. Residential-only buildings, commercial buildings,and mixed-use developments are allowed. 4. Fanno - Burnham Street. The purpose of this sub-area is to provide an opportunity for medium- scale residential or mixed-use development. Compatible mixed uses (live-work, convenience retail, office, and civic uses) are encouraged on the frontage of Burnham Street. The area in proximity to Fanno Creek Park will be an opportunity to create a high-quality residential environment with views and access to the natural amenity of Fanno Creek Park. (Ord. 20-01 §1; Ord. 19-09 §1; Ord. 18-28 §1; Ord. 18-23 §2; Ord. 17-22 §2) 18.650.020 Applicability A. Applicability. The regulations of this chapter apply to the Tigard Downtown Plan District in addition to all other applicable regulations of this title. The boundaries of the plan district are shown on Map 18.650.A,which is located at the end of this chapter, and on the official zoning map. 1. New buildings. All use, development, and design standards of this chapter apply to new buildings and related site improvements. 2. Pre-existing uses and development. Pre-existing uses and associated development that were lawfully established prior to the effective date of this chapter are treated as lawful or approved uses and developments, subject to the following: a. Modifications associated with lawfully established pre-existing uses and structures are allowed,provided the modifications meet or move the nonconforming use or structure toward compliance with all applicable standards, except that single detached houses used for residential purposes that were lawfully established prior to the effective date of this chapter are exempt from the design standards of this chapter. b. If a structure containing a pre-existing use is accidentally destroyed, or the use is otherwise abandoned, then the use will retain its pre-existing status under this provision provided it is substantially reestablished within 1 year of the date of the loss. Any new structures containing the use must comply with the provisions of this title. c. Existing nonconforming industrial structures at the following locations may continue to be utilized for I-P industrial uses after the nonconforming use limit of 6 months: Tigard Downtown Plan District 18.650-2 Code Update:4/20 2S102AA04700, 2S102AC00100, 2S102AC00202, 2S102AD01203, 2S102DB00100, and 2S 102DA00300. B. Conflicting standards. With the exception of public facility requirements, the requirements in this chapter govern in the event of a conflict. C. Exemptions. The following are exempt from the downtown development review procedures of this chapter,but must comply with all standards: 1. Maintenance or repair of a building, structure, or site in a manner that is consistent with previous approvals or necessary for safety; 2. Projects undertaken to bring an existing development into compliance with applicable federal and state accessibility regulations; 3. Any modification to the exterior of a building that does not require a building permit; 4. Interior remodeling not associated with a change of use; 5. Temporary structures or temporary uses as defined in Chapter 18.440, Temporary Uses; 6. Any development involving a pre-existing single detached house that is not being converted to a nonresidential use or that has previously been converted to a nonresidential use; 7. Any change of use and associated interior remodeling on a property that is in the Main Street sub- area; or 8. Any change to windows, doors, awnings, or other similar exterior elements on facades that are not street-facing. (Ord. 20-01 §1; Ord. 19-09 §1; Ord. 18-23 §2; Ord. 17-22 §2) 18.650.030 Approval Process A. Procedures. 1. Type I downtown development review. Downtown development review applications for development or modifications that meet the thresholds of Paragraph 18.650.030.B.1 are processed through a Type I procedure, as provided in Section 18.710.050, using the approval criteria in Subsection 18.650.040.A. 2. Type II downtown development review. Downtown development review applications for development or modifications that meet the thresholds of Paragraph 18.650.030.B.2 are processed through a Type II procedure, as provided in Section 18.710.060, using the approval criteria in Subsection 18.650.040.B. 3. Downtown adjustment. Downtown adjustment applications are processed concurrently with a downtown development review, through a Type II procedure, as provided in Section 18.710.060, using the approval criteria in Subsection 18.650.040.C. There are two types of downtown adjustments: a. Adjustments to the design standards of Section 18.650.060, and Tigard Downtown Plan District 18.650-3 Code Update:4/20 b. Specific adjustments allowed by Section 18.650.080. B. Review thresholds. If a proposed development or modification is unlisted,the Director will determine the most appropriate review type. This determination is the final local decision and will favor the review type that provides the most appropriate public notice and opportunity for public comment. 1. Type I downtown development review. A Type I downtown development review is required for the following: a. Addition, elimination, or change in location of windows that does not decrease the window coverage on a street-facing facade below the minimum required; b. Addition, elimination, or change in location of entrances and loading doors on a street-facing facade; c. Addition of new and change to existing awnings, canopies, and other mounted structures on an existing street-facing facade; d. For commercial and mixed-use developments, modification of up to 15 percent on-site landscaping with no reduction in required landscaping. Modification refers to changing the hardscape elements and the location of required landscape areas or trees; e. Modification of off-street parking with no reduction in parking spaces or increase in paved area; f. Addition of new fences,retaining walls, or both; g. An increase in the height of a building of less than 20 percent; h. A change in the type and location of access ways and parking areas where off-site traffic would not be affected; i. An increase in the floor area proposed for a nonresidential use by less than 10 percent or under 5,000 square feet; j. A reduction in the area reserved for common open space or usable open space, which does not reduce the open space area below the minimum required by this title or reduces the open space area by less than 10 percent; or k. Any modification that requires additional parking. 2. Type II downtown development review. A Type II downtown development review is required for the following: a. All new development; b. A change in the type of commercial or industrial structures as defined by the state building code; c. An increase in the height of the building by more than 20 percent; Tigard Downtown Plan District 18.650-4 Code Update:4/20 d. A change in the type and location of access ways and parking areas where off-site traffic would be affected; e. An increase in the floor area proposed for a nonresidential use by more than 10 percent excluding expansions under 5,000 square feet; or f. A reduction in the area reserved for common open space or usable open space,which reduces the open space area below the minimum required by this title or reduces the open space area by more than 10 percent. C. Approval period and extensions. Expirations and extensions of approvals are provided in Subsection 18.20.040.G. (Ord. 19-09 §1; Ord. 18-28 §1; Ord. 18-23 §2; Ord. 17-22 §2) 18.650.040 Approval Criteria A. Type I downtown development review. The approval authority will approve or approve with conditions an application for Type I downtown development review when the following are met: 1. The modification does not cause the development to go out of conformance with any applicable standard of this chapter or further out of conformance if already nonconforming, except where an adjustment has been approved; and 2. The modification complies with all other applicable standards of this title. B. Type II downtown development review. The approval authority will approve or approve with conditions an application for Type II downtown development review when the following are met: 1. For new development, the proposed uses and structures comply with all applicable standards of this chapter and title; or 2. For modifications, the modification does not cause the development to go out of conformance with any applicable standard of this chapter or further out of conformance if already nonconforming, except where an adjustment has been approved; and 3. The proposed modification complies with all other applicable standards of this title. C. Downtown adjustment. The approval authority will approve or approve with conditions an application for a downtown adjustment when either: 1. The design adjustment will result in development that equally or better meets the purpose of the standard in Section 18.650.060 that is being modified, or 2. The specific adjustment is allowed by Section 18.650.080 and complies with the approval criteria provided for that adjustment. (Ord. 19-09 §1) 18.650.050 Development Standards A. Development standards. Development standards are provided in Table 18.650.1 Tigard Downtown Plan District 18.650-5 Code Update:4/20 Table 18.650.1 Development Standards Sub-Areas Standard I Main Street 99W/Hall Scoffins/Commercial Fanno/Burnham (MS) Corridor(99H) (SC) (FB) Minimum Lot Size None None None None Minimum Lot Width None None None None Minimum Setbacks 0/5 ft. -Front 0 ft. (5 ft. for frontage 0 ft. 0 ft. on 99W) -Street side 0 ft. 0 ft. 0 ft. 0 ft. -Side Oft. Oft. Oft. Oft. -Rear 0 ft. 5 ft. 5 ft. 5 ft. Maximum Setbacks -Front 10 ft. 25 ft. 20 ft. 20 ft. -Street side 10 ft. None None None Building Height -Minimum 20 ft. 20 ft. 20 ft. 20 ft. -Maximum [1] 80 ft. 45 ft. 80 ft. 80 ft. [2] -First story minimum 15 ft. 15 ft. None None Maximum Lot Coverage 100% 90% 90% 80% Minimum Landscape Area 0% 10% 10% 20% [3] Minimum Building 50% 50% 50% 50% Frontage Residential Density(units per acre) -Minimum [4] 25 25 25 15 -Maximum [1] 50 50 50 [5] 50 [5] [1] See Subsection 18.650.080.D. [2] 45 feet within 200 feet of Fanno Creek Park boundary(see Map 18.650.B) or within 50 feet of the R-1 through R-12 zones. [3] In the MU-CBD zone, required landscaping may be provided on roofs or within the abutting right-of-way where the applicant is required to provide landscaping as part of a street improvement in compliance with Section 18.650.070. [4] Minimum density applies to residential-only development(not mixed-use). [5] Maximum density in the station area overlay is 80 units per acre(see Map 18.650.B). B. Parking. 1. Parking areas must be located on the side or rear of newly constructed buildings. If located on the side,the parking area may not exceed 50 percent of the total frontage of the site. 2. Parking areas must be set back a minimum of 10 feet from a street property line. Tigard Downtown Plan District 18.650-6 Code Update:4/20 3. When abutting a public right-of-way,pedestrian paths and trails in a public easement, or a public park,parking areas must be screened to the S-4 standard as provided in Table 18.420.2. 4. Where a parking area shares a property line with an adjacent parking area, landscaping is not required along the shared property line. 5. All apartment developments must provide a minimum of 1 parking space per unit. Adequate provisions for barrier-free parking must be provided as required by the state building code. Visitor parking spaces are not required. Adjustments to the bicycle parking requirements are prohibited. 6. For all other uses,the minimum off-street vehicle parking requirements are 75 percent of the total computed from Table 18.410.3. Adjustments to the bicycle parking requirements are prohibited. 7. No parking is required for new commercial development up to 20,000 square feet in the Main Street-Center Street sub-area except that any apai ttuents must provide a minimum of 1 parking space per unit. 8. When calculating the total minimum number of vehicle parking spaces required in Table 18.410.3, fractional space requirements are rounded down to the nearest whole consecutive number. 9. Motorcycle or scooter parking may substitute for up to 5 required parking spaces or 5 percent of the total parking requirement,whichever is less. For every 4 motorcycle or scooter parking spaces provided, the automobile parking requirement is reduced by 1 space. Each motorcycle space must be at least 4 feet wide and 8 feet deep. Existing parking may be converted to take advantage of this provision. Figure 18.650.1 Parking Location ion ?l ''f"i( C7o.o1. • • •1. o •Io oC}rI C3C"lnn -D • I l o . • • • I �• o o. I I o` g I a Building I Building O I I I I L -- - -- -- � � 0 Parking on the side or rear of buildings Oi s4 landscape standard Max.50%of site frontage 0 Landscape not required along shared prop.line 0 Min.10'setbac k p See Ch.18.420 for screening and landscaping requirements Tigard Downtown Plan District 18.650-7 Code Update:4/20 C. Rooftop features and equipment screening. 1. The following rooftop equipment does not require screening: a. Solar panels,wind generators, and green roof features; b. Equipment under 2 feet in height. 2. Elevator mechanical equipment may extend above the height limit a maximum of 16 feet provided that the mechanical shaft is incorporated into the architecture of the building. 3. Satellite dishes and other communications equipment are limited to a maximum of 10 feet in height and must be set back a minimum of 5 feet from the roof edge and screened from public view to the extent practicable. 4. All other roof-mounted mechanical equipment is limited to a maximum of 10 feet in height and must be set back a minimum of 5 feet from the roof edge and screened from public view and from views from adjacent buildings by one of the following methods: a. A screen around the equipment that is made of a primary exterior finish material used on other portions of the building or architectural grade wood fencing or masonry; or b. Green roof features or regularly maintained dense evergreen foliage that forms an opaque barrier when planted. D. Other exterior mechanical equipment. Other exterior mechanical equipment on the site (electrical boxes, etc.) must be screened from public right-of-way,pedestrian paths in a public easement, public parks,public spaces, and parking areas by one or more of the following: 1. A screen around the equipment that is made of a primary exterior finish material used on other portions of the building or architectural grade wood fencing or masonry; or 2. Dense evergreen landscaping that provides an opaque barrier. All landscaping used for this purpose must be regularly maintained. E. Fences. All fences must comply with the standards of Section 18.310.020. Barbed or razor wire fences are prohibited. (Ord. 20-01 §1; Ord. 19-09 §1; Ord. 18-28 §1; Ord. 18-23 §2; Ord. 17-22 §2) 18.650.060 Design Standards A. Create vibrant first stories, streetscapes, and rights-of-way; provide weather protection; and promote safety and security. 1. Purpose. Design standards in this section are intended to foster vibrant, inviting streetscapes and sidewalk-facing first stories and entrances. They are also intended to create buildings that are easily accessible to and provide protection from the elements for pedestrians. They also will help ensure that the first story promotes a sense of interaction between activities in the building and activities in the public realm. Building and site design should also address crime prevention through defensible spaces, lighting, and features that allow observation and eyes on the street. Windows, doors, and weather protection are an integral part of the building design. Tigard Downtown Plan District 18.650-8 Code Update:4/20 2. Standards. a. Street facade. Street-facing facades must be built in proximity to the street. This standard is met when at least 50 percent of the first story front building elevation is located no further from the front property line than the maximum front setback standard provided in Table 18.650.1; and, where maximum street-facing side setbacks are required within the Main Street-Center Street sub-area, at least 50 percent of the first story street-facing side building elevation is located no further from the street-facing side property line than the maximum street-facing side setback standard provided in Table 18.650.1. b. Primary entrances. i. Nonresidential and mixed-use buildings. (A)At least 1 entrance is required for each business with a first-story street-facing building elevation. (B) Each entrance must be covered, recessed, or treated with a permanent architectural feature in such a way that weather protection is provided. (C) All primary first-story common entrances must be oriented to the street or a public space directly facing the street,not to the interior or to a parking lot. ii. Residential buildings. (A)The primary public entrance to each building unit must be covered, recessed, or treated with a permanent architectural feature in such a way that weather protection is provided. (B) All street-facing building elevations must include a primary first-story common entrance to apartment development and individual entrances to rowhouse development that are oriented to the street or public right-of-way, not to the interior or to a parking lot. c. Windows. Minimum window coverage includes any glazed portions of doors. i. Nonresidential and mixed-use buildings. (A)The minimum window area of first-story street-facing facades is 60 percent. (B) First-story windows must have a visible transmittance (VT) of 0.6 or higher, with the exception of medical and dental offices,which may have tinted windows. ii. Residential buildings. The minimum window area of first-story street-facing facades is 30 percent. iii. Upper-story windows for all buildings. (A)The minimum window area of street-facing facades above a first story is 30 percent, except on top stories that include sloped roofs and dormer windows. Tigard Downtown Plan District 18.650-9 Code Update:4/20 (B) The minimum ratio of vertical to horizontal dimensions for windows on a street- facing facade above a first story is 1.5:1. iv. Window shadowing for all buildings. Windows must be recessed 3 inches into the facade. Nonresidential and mixed-use buildings may instead incorporate trim of a contrasting material or color. d. Weather protection. For nonresidential and mixed-use buildings: i. A projecting facade element (awning, canopy, arcade, or marquee) is required on the street-facing facade of the street with the highest functional classification. ii. Awnings, marquees, and canopies must project a minimum of 3 feet from the facade and may project a maximum of 6 feet into the public right-of-way or the minimum sidewalk width along the building frontage, whichever is less. Any element that projects into the right-of-way is subject to approval by the City Engineer. iii. Marquees must have a minimum 10-foot clearance from the bottom of the marquee to the sidewalk. Awnings and canopies must have a minimum 8-foot clearance from the bottom of the awning or canopy to the sidewalk. iv. Awnings must match the width of storefronts or window openings. v. Internally lit awnings are not allowed. vi. Awnings must be made of glass,metal, or exterior grade fabric (or a combination of these materials). Tigard Downtown Plan District 18.650-10 Code Update:4/20 Figure 18.650.2 Figure 18.650.3 Residential Buildings Nonresidential and Mixed-use Buildings Property Line Property Line Development Site Right-of-way Development Site Right-of-way Mil Ilik q krik ..IMAM I II , G ii, . A I B D w Al!11114 E • E i - =ill ft ^_ E IP 1 rim pi. ma : _-, G • 't III � 1 b , E F 0 Primary entry doors oriented to street or public space 0 Primary entry door oriented to street or pubNc space 0 Entrance is covered and/or recessed behind facade 0 Entrance is covered and/or recessed behind facade 0 Max 4'balcony/deck projection 0 Min 3';Max 6'projection Min 1Cfclearance 0 Max 4'balcony/deck projection Min 3lN6windows 0 Min 10•clearance Upper windows vertically oriented Min 6036windows Min 3096 wind ows QUpper windows vertically oriented B. Cohesive architectural facade standards. 1. Purpose. Build and expand upon downtown Tigard's architectural character by incorporating cohesive and repetitive architectural elements into the first story of street-facing facades. Relate to the horizontal facade articulation and massing of surrounding development or utilize building Tigard Downtown Plan District 18.650-11 Code Update:4/20 and site design elements that connect Fanno Creek Park or extend natural elements to the downtown. 2. Standard. Divide the street-facing first story of nonresidential and mixed-use storefronts into distinct architectural bays that are no more than 30 feet on center. For the purpose of this standard, an architectural bay is defined as the zone between the outside edges of an engaged column,pilaster,post,or vertical wall area. Figure 18.650.4 Architectural Bays P1L1_ L I._ 1 1 0 I a J o 0 Architectural bay(30'max on center) ®Building lighting 0 Transom windows °Ground floor windowsill 0 Column/pilaster/post v Blade sign 0 Sign band/storefront frieze C. Integrated building facade standards. 1. Purpose. Build upon and improve downtown Tigard's architecture by creating an attractive and unified building facade that encourages first-story activities and creates visually interesting facades and roofs. 2. Standards. a. Facades. i. Nonresidential and mixed-use buildings without residential component. Buildings 2 stories and above must have 3 clearly defined elements on the street-facing facade: a base (extends from the sidewalk to the bottom of the second story or the belt course that separates the first story from the middle of the building); a middle(distinguished from the top and base of the building by use of building elements); and a top(roof form or element at the uppermost portion of the facade that visually terminates the facade). Tigard Downtown Plan District 18.650-12 Code Update:4/20 Figure 18.650.5 Integrated Building Facade(Nonresidential Buildings) A I— . l'_ L J _I _l — I o 1-11' ,H Ir I I I .I ' . - 11 i —7— , Im- O'Base' 0 Belt course/sing course O'Middle' 0 Projecting comice/parapet ®Top ii. Residential and mixed-use buildings with a residential component. Each street-facing dwelling unit must include a porch or balcony that extends from the facade a minimum of 1 foot and a maximum of 4 feet. Figure 18.650.6 Integrated Building Facade(Residential and Mixed-use Buildings) �1ll�lll� filr.ms it 11 1 I I J C I - Pimp; ilili— jamI . II I I I J HH1 I ao unit unit 1 u QStreet-facing bay window 0 Street-facing porch 0 Street-facing balcony QTrim required on roof lines,porches,windows,and doors Tigard Downtown Plan District 18.650-13 Code Update:4/20 b. Roof forms. i. The roof form of a building must follow one(or a combination)of the following forms: (A)Flat roof with parapet or cornice; (B) Hip roof; (C) Gabled roof; (D)Full mansard roof; (E) Dormers; or (F) Shed roof. ii. All sloped roofs (other than full mansard roofs)have a minimum 5/12 pitch. iii. Sloped roofs must have eaves, exclusive of rain gutters, that project from the building wall at least 12 inches. iv. All flat roofs or those with a pitch of less than 5/12 must be architecturally treated or articulated with a parapet wall that projects vertically above the roof line at least 12 inches or a cornice that projects from the building face at least 6 inches. v. When an addition to an existing structure or a new structure is proposed in an existing nonresidential development,the roof forms for the new structures must have similar slope and be constructed of the same materials as the existing roof. Figure 18.650.7 Roof Forms Flat roof Hip roof Gabled roof Full mansard roof Dormers Shed roof .„4401e f a1 \lif rp di 4\111 "Si d 0 c a Oln o o' 0 Parapet/co m ice must project min.12'vertically 0 Eaves must project min.12"from face of building i0 Parapet/cornice must project min.6'from face of building 0 Min.5/12 pitch on sloped roofs D. Create street corners with strong identity. 1. Purpose. Create a strong architectural statement at street corners. Establish visual landmarks and enhance visual variety. Tigard Downtown Plan District 18.650-14 Code Update:4/20 2. Standard. Nonresidential and mixed-use buildings at the corner of 2 public streets or a street and public area, park, or plaza (for the purposes of this standard an alley is not considered a public street)must incorporate one of the following features: a. The primary entrance to the building at the corner; b. A prominent architectural element, such as increased building height or massing, a cupola, a turret, or a pitched roof within 20 feet of the corner of the building; c. The corner of the building cut at a 45 degree angle, or a similar dimension rounded corner; or d. A combination of special paving materials, street furnishings or plantings near the front door. Figure 18.650.8 Street Corner(Nonresidential and Mixed-Use Buildings) Of Olt. : ill r 111 • s•or MI I�0 �� 11 IT el- � .A.'ii, " a M' Ili °primary entry door to the building located at corner •Corner min I0'from street corner and cut at 45 degree angle ®prominent architectural element within 20'of the comer of the building °Special paving patterns,street furnishings,and plantings near front door E. Assure building quality,permanence, and durability. 1. Purpose. Use building materials that evoke a sense of permanence and are compatible with Downtown Tigard and the surrounding built and natural environment. 2. Standard. The following exterior building materials or finishes are prohibited: a. Vinyl siding; b. T-111 or similar sheet materials; c. Plain concrete block (not including split faced, colored, or other block designs that mimic stone, brick, or other masonry); foundation material may be skim-coated concrete block where the foundation material is not revealed for more than 2 feet; and d. Mirrored glass. F. Outdoor space. 1. Purpose. Assure adequate public,private, and shared outdoor space. 2. Standards. a. Nonresidential and mixed-use buildings without a residential component. Tigard Downtown Plan District 18.650-15 Code Update:4/20 i. Development sites greater than 60,000 square feet must include at least 1 public outdoor space with a minimum size of 600 square feet. ii. Public outdoor spaces must be abutted on at least 2 sides by retail shops, restaurants, or services with window entrances fronting on the space. b. Residential and mixed-use buildings with 4 or more dwelling units. i. Private outdoor space, such as a private porch, deck, balcony, patio, atrium, or other private outdoor space,must be provided. (A)An average of 28 square feet of private outdoor space must be provided per dwelling unit in a development. (B) In order to be counted toward the private outdoor space standard, the private outdoor space provided to each dwelling unit must be a minimum of 32 square feet, with a minimum depth of 4 feet. (C) The private outdoor space provided must be contiguous with the dwelling unit. (D)Balconies used for entrances or exits are not considered as private outdoor space except where such exits or entrances are for the sole use of the dwelling unit. (E) Balconies may project up to a maximum of 4 feet into the public right-of-way. ii. Shared outdoor space must be provided in addition to required private outdoor space. Examples include: courtyards, roof decks, gardens, play areas, outdoor recreation facilities, indoor recreation rooms, or similar spaces. Shared outdoor space must be a minimum of 10 percent of the development site, except as follows: (A)Up to 50 percent of the shared outdoor space standard may be met by providing additional private outdoor space, such as balconies,porches, and patios in addition to what is required in Subparagraph 18.650.060.F.2.a. (B) A shared outdoor space credit of 50 percent may be granted when an apartment development is directly adjacent to an improved public park. (C) Credit for up to 100 percent of the shared outdoor space standard may be met by paying a fee-in-lieu. The fee will fund parks or plazas within the downtown urban renewal district. G. Additional requirements for rowhouses. 1. Garages and carports must be accessed from alleys, or otherwise recessed behind the front building elevation a distance of 7 feet or less or 18 feet or greater. 2. A minimum of 100 square feet of private outdoor space such as a private porch, yard, deck, balcony, patio, or other private outdoor space is required per dwelling unit. (Ord. 20-01 §1; Ord. 19-09 §1; Ord. 18-23 §2; Ord. 17-25 §3; Ord. 17-22 §2) Tigard Downtown Plan District 18.650-16 Code Update:4/20 18.650.070 Transportation Connectivity A. Purpose. The purpose of this section is to implement the City of Tigard 2035 Transportation System Plan,which describes a more complete system of streets and pathways to improve multi-modal access to, from, and within the plan district. The standards in this section are intended to execute connectivity improvement projects that will foster creation of smaller block sizes, efficient routes into and within downtown, and new streets to accommodate and encourage downtown development. The standards are also intended to solve some existing connectivity issues, such as access across railroad tracks. B. Applicability. The connectivity standards in this section apply only to those properties with designated streets or alleys as shown on Figures 5-14A through 5-14I of the City of Tigard 2035 Transportation System Plan. Development on properties with designated streets or alleys is subject to the connectivity requirements below. C. Required new street and alley connections. Required new street and alley connections must be provided as follows. 1. For new development and for major redevelopment valued at more than 60 percent of its total current value as assessed by the Washington County assessor,the applicant must comply with the following: a. The applicant must dedicate the amount of right-of-way necessary to construct the required street or alley consistent with the designated street cross-section. As an alternative, the City Engineer may approve the dedication of a public easement in lieu of a portion of the public right-of-way in compliance with Subsection 18.910.030.C. b. The applicant must construct the full street or alley improvements as shown in the designated street cross-section. 2. For all other developments,the applicant must comply with the following: a. New buildings may not be located within the area identified as future street or alley alignment. Surface parking, landscaping, temporary structures, driveways, and similar types of development are allowed within the future alignment. b. The property owner must sign a non-remonstrance agreement for formation of a future LID to pay for the identified street or alley improvement. D. Required new pedestrian pathway. For new development and for major redevelopment valued at more than 60 percent of its total current value as assessed by the Washington County assessor that is within the area designated for required multi-use pathway, the applicant must provide multi-use pathway on public easements or rights-of-way through the block in a manner that ensures that connections through the block are provided at least every 330 feet. The required pathway must provide direct connection through the block and be subject to the requirements of Section 18.910.110. E. Replacement of destroyed structures. Replacement of a pre-existing structure that is destroyed by fire, earthquake, or other natural disaster, is not considered a major redevelopment for the purposes of Subsections 18.650.060.0 and D. Tigard Downtown Plan District 18.650-17 Code Update:4/20 F. Improvement standards. All improvements required under this section must meet the standards of Chapter 18.910, Improvement Standards. (Ord. 20-01 §1; Ord. 19-09 §1) 18.650.080 Specific Adjustments A. Adjustments to setbacks. Required setbacks may be reduced or increased up to 20 percent provided the change will result in one or more of the following: 1. Enhancements to the pedestrian environment along the proposed development's street frontage, including but not limited to the following: a. Plaza development, b. Tree preservation, c Pedestrian amenities in the public right-of-way,or d. Pedestrian-oriented building facade design elements; or 2. The preservation of natural features for public use or benefit. B. Adjustments to parking. Minimum off-street parking space requirements may be waived or reduced when one or more of the following are met: 1. The proposed use is permanent in nature and has a clear public benefit(for example, affordable or senior housing); or 2. The proposed waiver or reduction will result in the preservation of existing natural features on the site for public use or benefit. C. Adjustments for private or shared outdoor area. Private outdoor area and shared outdoor recreation areas requirements may be waived or reduced when one or more of the following are met: 1. The proposed use is permanent in nature and has a clear public benefit(for example, affordable or senior housing); or 2. The total square footage of private outdoor areas and shared outdoor recreation areas equals or exceeds the combined standard for both. D. Adjustments to density and height. Qualified affordable housing developments are eligible for both density and height bonuses. 1. Definitions. For the purposes of this subsection, "affordable"means either: a. Housing for rent where the rent and utility costs constitute no more than 30 percent of the gross annual household income for a family at 80 percent of the area median income, based on the most recent Housing and Urban Development (HUD) income limits for the Portland- Vancouver Metropolitan Statistical Area(MSA); or b. Housing for sale where the mortgage, amortized interest, taxes, insurance, and condominium or association fees, if any, constitute no more than 30 percent of the gross annual household Tigard Downtown Plan District 18.650-18 Code Update:4/20 income for a family at 80 percent of the area median income, based on the most recent HUD incomes limits for the Portland-Vancouver MSA. 2. Approval criteria. To qualify for a density or height bonus, a development must meet the following: a. The development meets the threshold for the requested bonus: i. A height bonus of an additional 20 ft over the maximum height is allowed for any development where a minimum of 20 percent of the dwelling units are affordable. ii. A density bonus is allowed for any development based on the criteria in Table 18.650.2. b. The approval has been conditioned on the recording of deed restriction that prohibits the sale or rental of any affordable dwelling unit used to meet the standard of Paragraph 18.650.080.D.1, except as housing that meets that standard, for the life of the development. Table 18.650.2 Densi Bonuses Affordable Dwelling Units Based on Maximum Density Density Bonus 5% 5% 10% 10% 20% 20% 30% 30% 40% 40% 50% 50% (Ord. 20-01 §1; Ord. 19-09 §1; Ord. 18-28 §1; Ord. 18-23 §2; Ord. 17-22 §2) Tigard Downtown Plan District 18.650-19 Code Update:4/20 Map 18.650.A: Tigard Downtown Plan District Boundaries Tigard Downtown Plan Distict nos .--- al MEM .16, . Boundary Map 1 .--` -' E um ' • I III In Tigard Downtown Plan District El li. ' .7',. 7i7Miplir II L.Lt -(--7-, N, ‘ /MIr r 7 �+�i�, ■ _ tip. \ 4 ■ �. `��� . "M •t i�,lititl�...�0vao, iI ) r ilk N.7.47.4, / 400. do kNel ___0.1( 1 * 14'.:, .4'4> ' di.\1/4, ,,,, i'...-"N ., •S _. , jai) 4.ip ,,,.(k,,, • .-- %.,...7, m' .6- ?,,c).... ) .4., ---____________„7 \ \ Pli it. BOa I PG.<♦�0• ,i �� , e �J• rtE•I 4 d t per. ' 1► ,'. ... / Tl �, # 6 �9a�°r P 4*All"r ,pV)\''\ '''. 4 '''' • 1:k4 ' ef• 4 % \ ` ihi IV yip„ \.- i 4511 Ir OS T•' Jw s:r t merge of i I I,. Tigard Downtown Plan District 18.650-20 Code Update:4/20 Map 18.650.B: Tigard Downtown Plan District Sub-Areas \41 it r , t _IF N I.Tigard Downtown Plan District L Subarea Map E k a— r-r�rr , nTigard Downtown Plan District < — ath u, Subarea Name 1 ill,„ _� ■ , A 99W-Hall � Main-Center i 'A - Scoffins-Commercial m 3�,'' - Fanno-Burnham• JF — v . • ►• �!j!�! 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' ♦•♦.♦4.♦ ♦♦•♦•♦. ♦ ♦♦♦ +♦♦♦♦♦ ♦♦ Sr fy ♦• ♦♦♦ • ♦+•♦♦♦ ♦♦:% ♦::::♦:♦♦ ' ♦♦♦♦♦♦ . ♦•♦♦ ♦ ♦• •♦•♦♦♦•♦♦♦♦♦♦ ♦♦♦♦♦ I ♦ ♦ •4:IP +♦♦♦♦ ♦♦♦♦♦ y ♦♦♦♦♦♦♦• Ad •♦♦♦♦♦♦♦♦♦•♦♦♦•♦♦♦♦♦•••♦♦♦♦♦• r ♦♦♦••♦ •♦♦+•♦♦♦•♦♦♦•♦♦♦♦♦ ♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦ • `♦♦♦♦♦♦♦♦♦♦•♦+♦♦♦♦♦♦♦♦♦♦♦ ............•tf. +♦+♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦+♦♦♦♦♦ ,s., ,,#/#- ,,,N: ••••• ••••••••• . . +*>' 0 , • ....., i‘ Sfi •• ��'��' Na ♦♦♦ C� cTà1t RY rCP , , ..,1,' '5--404941N■41111b ail('t('ri.\ 11 alite81.1 1 , - �L,., �.-- °MARA S (Ord. 19-09 §1; Ord. 18-23 §2; Ord. 17-22 §2) ■ Tigard Downtown Plan District 18.650-21 Code Update:4/20 Chapter 18.660 TIGARD TRIANGLE PLAN DISTRICT Sections: 18.660.010 Purpose 18.660.020 Applicability 18.660.030 General Provisions 18.660.040 Approval Process 18.660.050 Pre-Existing Development and Approvals 18.660.060 Land Use Standards 18.660.070 Site Design Standards 18.660.080 Building Design Standards 18.660.090 Transportation Facility Standards 18.660.100 Sign Standards 18.660.010 Purpose The Tigard Triangle Plan District implements the land use and development vision for the Tigard Triangle as outlined in the Tigard Comprehensive Plan. It also advances Tigard's mission to become the most walkable city in the Pacific Northwest and supports the district's designation as a regional Town Center. The Tigard Triangle Plan District Chapter is referred to throughout Chapter 18.660 as "this chapter." The standards and procedures of this chapter are designed to: • Remove regulatory and financial barriers for small-scale incremental development; • Streamline the development review and approval process; • Support existing development; • Support transitional uses and adaptive re-use of existing development; • Increase the diversity of goods and services available in the district; • Encourage new housing and mixed-use development; • Limit new auto-oriented development; • Preserve the district's unique and natural features, including but not limited to district trees; • Create safe, comfortable, and attractive streetscapes for pedestrians; and, • Improve connectivity for all modes of travel. Collectively,the purpose of these standards and procedures is to facilitate the transformation of the Tigard Triangle into an active, urban, multimodal, and mixed-use district as envisioned by the 2015 Tigard Triangle Strategic Plan. (Ord. 17-22 §2) 18.660.020 Applicability A. Applicability. 1. Triangle Mixed-Use (TMU) zone. The standards and procedures in this chapter apply to property that is located in the TMU zone within the Tigard Triangle Plan District. 2. General Commercial (C-G) zone. The standards and procedures in this chapter do not apply to property that is located in the C-G zone within the Tigard Triangle Plan District, except for the transportation facility standards in Section 18.660.090. Property in the C-G zone is regulated by Tigard Triangle Plan District 18.660-1 Code Update:4/20 other chapters in this title, including, but not limited to, Chapter 18.120, Commercial Zones, and Chapter 18.320, Commercial Zone Development Standards. 3. Public rights-of-way. The standards in Section 18.660.090 apply to all public rights-of-way in the Tigard Triangle Plan District regardless of the zone. 4. The boundary of the Tigard Triangle Plan District is shown on Map 18.660.A. The TMU zone and C-G zone are also shown on this map and the official zoning map. Transportation facilities are shown on Map 18.660.B. Tigard Triangle Plan District 18.660-2 Code Update:4/20 Map 18.660.A Tigard Triangle Boundary and Zoning TEST •N . 1 _ .----1----- . SPRUCE ST r'..'SFR UCE ST lall ,s Boundary and Zoning Map , ! Tigard Triangle Plan District =DIMAS $ 4 1 al General Commercial(C-G)Zone .. Triangle Mixed-Use(TMU)Zone , • • • i'V' ''' • • • ' Six Story Max.Height i Four Story Max.Height 1 1 - r:. \_ -r."'• cNr,_ L---'--1i- . 1 A rut LA\ -,_-_-_,.L ,..I.INES ST AILANTA;7-.f —I- '&4i' 'OgitU -- 421 SAYLOR S l' - I — VP RAVI OR,7• •• .. ' 0: : •• •• .i i.:.*.„ „':i U. - ‘ '..- ; .. A - •s r7.1. - CLINTON ST••• ''''' i illir- 1 DII7-440(jr, • s , ST != r GARDEN PI. F71 re,. fg 0 . .4* , F. amIlmil 1 BFVF1 AND RC BFVELAN , FRANK,.IN S r IV 45;1*-4,41, 1 -. , 1 \...,,- 44.-_•„, • -441t9"to. . (.,oN/At.A,r No I ,t SOU NIOR - 1—,1 .•,T.>u,_ li.04 f iIAW3IION SI HAMPTON ST - 4/e/ .• ..;'-. 1, ,. . • # z;; ortEsiviEw sr i! I --- . VARNS ST 3 YARNS ST j 11 I 7 o 5. $ re :\I i ic 4____ . r f_,.. .. .., i•,. 1 i . v a — -81 VII1111111 id sANN-Al , " 000•144- _1 IN • I 441 .4N0,.,,_______, :itECH CENTER ORM. , Tigard Triangle Plan District 18.660-3 Code Update:4/20 Map 18.660.B Tigard Triangle Transportation Network r r I III I r 7 1 1 1 1 Fl i-T r1 �tri -- - �— - L i LJ-lam1.y Tigard Triangle + y I ll _ v Transportation Network Map II � woo ,�11�I I .,T7 - � RCM], Future street intersection locations � ��m�� 1 .4, .L — ' and future street,path,and trail — — - — ` • re— - alignments are illustrative.All future = i s 1 O..- transportation facilities are subject — I -9• to change based on development — >, _m- - review,final design,engineering — — ;• 1 A I \J_ and permitting by the applicable = 44 $ ••• \`i el � /- I ? approval authority. G�F`G� i I . • • • I + IWII• ,_ • .. ,_ .... . .... „,, , • .0*._ J' � i � �f .. : oa=7410u im •• I� I • 'I, H s-r- i / - (- ■ ..., + - u i l 1IlL r I1 +--—b ifilJ I reml •.• fil%17 au. En 1-1111111 ■■ , pogo 1 Mir liglitiiii--- 4 III; MI INN II L tiU r I .• N2//i FR I IN A °ThIN lin II Transportation Facilities Al w Existing Street m ■ Future Street Future Path I li C=, Existing Trail I ILI" Future Trail ) II --� .. Bike Lane (Both Sides) F . <411 • ----- Bike Lane (East Side) • _I-- •• Alleys(Encouraged) I d --� Tigard Triangle Plan District . -,�_- )\ �-- , I Tigard Triangle Plan District 18.660-4 Code Update:4/20 B. Exemptions. 1. The following types of development are exempt from all standards and procedures of this chapter: a. Operation,maintenance, and repair of existing public facilities. b. Public capital improvement projects undertaken by the city. c. Maintenance and repair of existing buildings or site improvements. d. Improvements to existing buildings or site improvements to bring them into compliance with applicable federal and state accessibility requirements. e. Reconstruction of a building following partial or total accidental destruction when all of the following criteria are met: i. The reconstructed building has a floor area no larger than the structure that was destroyed. ii. The use of the building remains the same as the use that existed before the building was destroyed. iii. Repairs are commenced within 1 year from the date of destruction. Commencement of repairs occurs when a required development permit has been issued. 2. If a development is not exempt from the standards and procedures of this chapter as described above, it may be exempt from some street design standards as described below. The following types of development are exempt from street frontage improvements where required by Paragraph 18.660.090.C.4, except where existing frontage improvements do not meet the city's minimum public facility standards for safety and adequacy as required by Subparagraph 18.660.040.B.2.c. This exemption does not apply to right-of-way dedications where required by Subparagraph 18.660.040.B.3.b. a. Construction of a new accessory dwelling unit that is less than 800 square feet in size. This exemption is subject to the limitations provided in Paragraph 18.660.020.B.3. b. Expansion of an existing building or construction of a new building that is less than 800 square feet in size. This exemption is subject to the limitations provided in Paragraph 18.660.020.B.3. c. New use or change of use that increases the estimated number of vehicle trips by less than 100 trips per day or has temporary impacts on the transportation system as determined by the City Engineer. This exemption is for allowed uses only. 3. Limitation on exemptions. Exemptions allowed by Subparagraphs 18.660.020.B.2.a and b are limited to one exemption every 3 years. The 3-year period starts from the date the city issues an occupancy permit or final inspection for the expanded, converted, or new buildings exempted under Subparagraphs 18.660.020.B.2.a and b. Subsequent buildings that exceed the square footage threshold within the 3-year timeframe are not exempt. (Ord. 18-28 §1; Ord. 18-23 §2; Ord. 17-25 §3; Ord. 17-22 §2) Tigard Triangle Plan District 18.660-5 Code Update:4/20 18.660.030 General Provisions A. This chapter is designed,wherever possible, to act as a standalone set of standards and procedures for development in the Triangle Mixed-Use (TMU) zone within the Tigard Triangle Plan District. References to other applicable standards and procedures in the Community Development Code of the City of Tigard are provided as needed. B. The standards and procedures in this chapter apply in lieu of other provisions in this title, except where specifically stated otherwise in this chapter, and govern in the event of a conflict. C. To the extent that the provisions in the following chapters do not conflict with this chapter, the following chapters in this title apply concurrently: 1. Administration and enforcement as provided in Chapter 18.20,Administration and Enforcement. 2. Definitions and measurements as provided in Chapter 18.30,Definitions. 3. Land use category descriptions as provided in Chapter 18.60,Use Categories. 4. Director determinations as provided in Chapter 18.730,Director Determinations. 5. Historic resource designations and alterations as provided in Chapter 18.750,Historic Resources. 6. Text and map amendments as provided in Chapter 18.790, Text and Map Amendments. D. In addition to any required land use approvals or development permits, Chapter 15.16 of the Tigard Municipal Code requires an encroachment permit for any privately-owned structures or furnishings allowed by this chapter in the public right-of-way. (Ord. 18-28 §1; Ord. 18-23 §2; Ord. 17-22 §2) 18.660.040 Review Process A. Purpose. The purpose of this section is to streamline the development review and approval process. B. Development review. Development review is the process whereby the applicant submits all required development permit applications to the city for review against all applicable standards. Depending upon the type of development proposed, permit applications may be submitted consecutively or concurrently. If land use review is required or initiated by the applicant pursuant to Subsection 18.660.040.C, land use approval must be obtained prior to submitting for development review. 1. Early assistance meeting. The applicant must request an early assistance meeting with the city prior to the submittal of any required building, site, or public facility permit application. The Director may waive this requirement for proposals that are not complex, would not benefit from a meeting with the city, or have had a pre-application conference as part of a related land use review. 2. Development review requirements. All proposed development must demonstrate compliance with the following requirements at the time of development permit application submittal: a. Use and design standards. The proposed development conforms to all applicable use and design standards in this chapter, except as approved through the adjustment process as provided in Paragraph 18.660.040.C.4. Tigard Triangle Plan District 18.660-6 Code Update:4/20 b. Transportation facility improvements. The proposed development will provide transportation facility improvements and mitigation at the time of development as determined by the transportation facility review process described in Paragraph 18.660.040.B.3. c. Minimum public facility improvements. The proposed development provides or will provide public facility improvements at the time of development that conform to the city's minimum standards for safety and adequacy,which are as follows: i. Frontage on, or approved access to, a public street. ii. A minimum of 24 feet of pavement and horizontal clearance on a public street along each street frontage where access is taken. Additional transportation facility improvements may be required by Subparagraph 18.660.040.B.2.b. iii. Adequate public utilities pursuant to the city's standards in the Public Works Design Manual and Sections 18.910.050 Easements, 18.910.090 Sanitary Sewers, and 18.910.120 Utilities. Section 18.910.120 may require undergrounding of utilities or a fee in lieu of undergrounding new or existing utilities. iv. Adequate stormwater management facilities for water quantity and quality pursuant to Clean Water Services' standards and the city's standards in the Public Works Design Manual and Section 18.910.100 Storm Drainage. 3. Transportation facility review process. The transportation facility review process determines whether transportation improvements are needed and whether the proposed development will be required to construct or pay for them. a. The following review process applies to all proposed developments, except those that are exempt from street frontage improvements (see Paragraph 18.660.020.B.2) or trigger a Transportation Impact Study(see Subparagraph 18.660.040.B.3.c). i. The City Engineer will determine whether the proposed development is estimated to generate any new vehicle, pedestrian, or bicycle trips using the best available data and analysis, including but not limited to the ITE Trip Generation Manual or a Transportation Impact Study prepared by a transportation engineer licensed in the State of Oregon. ii. If the proposed development is estimated to generate new trips, the City Engineer will evaluate the existing transportation facilities along each street frontage of the proposed development site for conformance with the transportation facility standards in Subsection 18.660.090.C. The City Engineer will also evaluate the entire development site for conformance with Map 18.660.B Transportation Network Map. If existing transportation facilities do not meet current standards, the City Engineer will identify needed improvements based on the transportation facility standards in Subsection 18.660.090.C. iii. If transportation facility improvements are needed, the city will require construction of improvements and dedication of right-of-way at the time of development unless the city determines that such exactions are not roughly proportional to the number of new trips estimated to be generated by the proposed development. If the applicant disagrees with the city's proportionality determination, the applicant may utilize the city's Type II appeal procedure in Section 18.710.090 in a de novo hearing. Tigard Triangle Plan District 18.660-7 Code Update:4/20 iv. The applicant may request to pay a fee in lieu of constructing the required transportation improvements as provided in Subsection 18.660.090.D. b. The following review process applies to a proposed development that is exempt from street frontage improvements pursuant to Paragraph 18.660.020.B.2. i. The City Engineer will determine whether the proposed development is estimated to generate any new trips as described in Subparagraph 18.660.040.B.3.a.i. ii. If the proposed development is estimated to generate new trips, the City Engineer will identify needed improvements for the sole purpose of determining whether any additional public right-of-way is needed for future transportation improvements. iii. If public right-of-way is needed for future transportation improvements, the city will require dedication of right-of-way at the time of development pursuant to Subparagraph 18.660.040.B.3.a.iii. c. The following review process applies to a proposed development that triggers a Transportation Impact Study(TIS)as described below. i. A TIS is required if the proposed development is estimated by the City Engineer to generate more than 1,000 new vehicle trips per day or impacts a state transportation facility as determined by the Oregon Department of Transportation. The applicant must pay the fee listed in the city's Master Fees and Charges Schedule for the city to conduct this study. The city will not accept any development permit or land use applications for review until the TIS has been completed and incorporated into the applicant's development permit or land use application submittal. ii. The TIS will evaluate the existing transportation facilities for conformance with the city's transportation facility standards, including affected off-site facilities. If existing transportation facilities do not meet current standards, the study will identify needed improvements based on the transportation facility standards in Subsection 18.660.090.0 and those of any other affected road authorities. If the TIS determines that transportation facility improvements are needed, the city will require construction of improvements and dedication of right-of-way at the time of development pursuant to Subparagraph 18.660.040.B.3.a.iii. iii. If the TIS identifies off-site impacts from the proposed development, the applicant must submit a land use application as required by Paragraph 18.660.040.C.2 that complies with the provisions in Paragraph 18.660.040.C.3. C. Land use review. Whether required by this title or initiated by the applicant, land use review precedes development review. Land use review is the process whereby the applicant submits any required or applicant-initiated land use applications to the city for review against all applicable approval criteria and standards. The provisions of Chapter 18.770, Planned Developments, do not apply to properties in the TMU zone. 1. Pre-application conference. The applicant must request a pre-application conference with the city prior to the submittal of any required or applicant-initiated land use application as required by Chapter 18.710,Land Use Review Procedures. Tigard Triangle Plan District 18.660-8 Code Update:4/20 2. Land use applications. Required land use applications are shown in Table 18.660.1. If more than one land use application is required,they may be processed concurrently. Table 18.660.1 Required Land Use Applications Land Use Application Circumstances Code Section Transportation Mitigation The proposed development triggered a 18.660.040.C.3 Transportation Impact Study(see Subparagraph 18.660.040.B.3.c.i) and it identified off-site impacts. Adjustment The proposed development cannot meet all 18.660.040.C.4 applicable design standards of this chapter, or the applicant elects to propose an alternative design or remove a district tree(see Subsection 18.660.070.H). Lot Line Adjustment,Lot The proposed development includes a land 18.660.040.C.5 Consolidation,Minor Land division,property line adjustment, or lot Partition,or Subdivision consolidation. Conditional Use The proposed development includes a Basic 18.740 Utility use as defined in Subsection 18.60.050.A or a specific type of wireless communication facility as described in Chapter 18.450. Site Development Review The proposed development includes a specific 18.780 type of wireless communication facility as described in Chapter 18.450. Sensitive Lands The proposed development is located on lands 18.510 that contain protected natural resources, such as streams or wetlands, and will potentially impact them. Temporary Use or Structure The proposed development is for a temporary 18.440 use or structure. 3. Transportation mitigation application. A transportation mitigation application is processed through a Type II procedure as provided in Section 18.710.060. A transportation mitigation application will be approved when all of the following approval criteria have been met: a. The required Transportation Impact Study evaluated existing on- and off-site transportation facilities for conformance with all applicable transportation facility standards; identified needed improvements to adequately serve the proposed development; and recommended proportionate mitigations for all on-and off-site impacts. b. The proposed development will provide transportation facility improvements and mitigation that conform to all applicable transportation facility design standards at the time of development unless the land use review authority determines that such exactions are not roughly proportional to the impacts of the proposed development. 4. Adjustment application. An adjustment application is processed through a Type II procedure as provided in Section 18.710.060. Tigard Triangle Plan District 18.660-9 Code Update:4/20 a. An adjustment application may contain multiple adjustment requests. An adjustment may be requested for any standard in this chapter unless specifically prohibited by this chapter. An adjustment may not be requested to change or eliminate a required review process. An adjustment request for a standard outside of this chapter is subject to the provision of Chapter 18.715,Adjustments. b. An adjustment application will be approved when all of the following approval criteria have been met for each requested adjustment: i. The proposed adjustment has public benefits and is generally consistent with the applicable stated purposes of this chapter. ii. The proposed adjustment includes enhancements to the pedestrian environment along the proposed development's street frontage. Pedestrian enhancements include, but are not limited to,the following: • Plaza development • District tree preservation • Pedestrian amenities in the public right-of-way • Pedestrian-oriented building facade design elements iii. If proposed adjustment is needed to address development constraints associated with the proposed development site, and applicant has adequately explained the need and rationale for the proposed adjustment. Development constraints include, but are not limited to, the following: • Lot size, shape, or topography • Multiple street frontages • Protected natural resources iv. If proposed adjustment is needed to address transportation network connectivity standards, it includes pedestrian, bicycle, or vehicle transportation facilities where practicable. Transportation network connectivity standards are provided in Paragraph 18.660.090.C.3. v. If proposed adjustment is for the removal of a district tree, the applicant will pay the district tree removal fee listed in the city's Master Fees and Charges Schedule unless a finding is made that the proposed development site cannot be reasonably developed without removal of the district tree. District tree information and requirements are provided in Subsection 18.660.070.H. 5. Lot line adjustment, lot consolidation, minor land partition, or subdivision application. The provisions in Chapter 18.810, Lot Line Adjustments and Consolidations, Chapter 18.820, Land Partitions, and Chapter 18.830, Subdivisions, apply except as modified below. a. Lot size and shape must be appropriate for the proposed development or, if no development is proposed, for an allowed use. There is no minimum lot area, width, or depth standard in the TMU zone. b. Lots must have frontage on, or approved access to, a public street. Tigard Triangle Plan District 18.660-10 Code Update:4/20 c. Driveways must comply with the standards in Subsection 18.660.070.G. d. Screening is not required between lots. (Ord. 20-01 §1; Ord. 19-09 §1; Ord. 18-28 §1; Ord. 18-23 §2; Ord. 17-25 §3; Ord. 17-22 §2) 18.660.050 Pre-Existing Development and Approvals A. Purpose. The purpose of this section is to remove barriers to small-scale incremental development and support existing development,transitional uses, and adaptive re-use of existing development. B. Legal status. Any pre-existing land use or development that does not meet the standards in this chapter but were lawfully in existence or approved prior to the effective date of this chapter are treated as lawful and approved uses and development. The provisions of Chapter 18.50, Nonconforming Circumstances,do not apply to land uses and development in the TMU zone. C. Sites with pre-existing land uses. 1. A pre-existing land use that does not meet the land use standards in Section 18.660.060 may continue but may not expand beyond the boundaries of the site that it occupied prior to the effective date of this chapter, except for any pre-existing land uses within the area bounded by 66th Avenue and 68th Avenue to the east and west and Dartmouth Street and Franklin Street to the north and south, respectively. Any pre-existing land uses within this area that do not meet the land use standards in Section 18.660.060 may continue and expand beyond the boundaries of the site that it occupied prior to the effective date of this chapter, but not beyond the boundaries of the area described above. 2. A pre-existing land use that does not meet the land use standards in Section 18.660.060 may not be re-established if discontinued for longer than 6 months, except where the discontinuance is the result of accidental destruction. Discontinuance caused by total or partial accidental destruction must commence repairs to re-establish the use within 1 year from the date of destruction. If repairs are not commenced within the 1-year period, the use may not be re-established. Commencement of repairs occurs when a required development permit has been issued. D. Sites with pre-existing development. 1. Pre-existing development that does not meet the site or building design standards in Sections 18.660.070 and 18.660.080 may be re-established or re-built if accidentally destroyed as long as repairs are commenced within 1 year from the date of destruction. If repairs are not commenced within the 1-year period, the development may not be re-established or re-built. Commencement of repairs occurs when a required development permit has been issued. 2. Pre-existing development that does not meet the site or building design standards in Sections 18.660.070 and 18.660.080 may not be re-established or re-built if intentionally destroyed unless the new development meets the site and building design standards in this chapter. 3. Pre-existing site improvements, such as vehicle parking and access, that do not meet the site design standards in Section 18.660.070 may continue but may not be modified if the modification would result in any site improvement going further out of conformance with the applicable site design standard in Section 18.660.070. Tigard Triangle Plan District 18.660-11 Code Update:4/20 4. Pre-existing buildings that do not meet the site or building design standards in Sections 18.660.070 and 18.660.080 may continue and be modified subject to the standards in Table 18.660.2. Applicable standards only apply to the proposed modification and not to the non- modified portion of the existing building. Modifications that expand a building may be vertical (e.g., second-story addition), horizontal (e.g., first-story expansion), or both (e.g., second-story addition). Table 18.660.2 Modifications to Pre-Existing Buildings Proposed Building Modification Applicable Standards • Addition to a single detached house Exempt from all site and building design standards in Sections 18.660.070 and 18.660.080 except: • Addition to an accessory building associated with a single detached house that results in a • Minimum building setbacks(18.660.070.B) building less than or equal to 528 square feet in • Driveways(18.660.070.G) size,or • District trees(18.660.070.H) • Addition to any building where the addition is • Maximum building height(18.660.080.B), and located more than 35 feet away from all street Subject to all applicable standards in Sections property lines. 18.660.060 and 18.660.090. • All other additions not described above. Subject to all applicable standards in Sections 18.660.060, 18.660.070, 18.660.080, and 18.660.090. 5. New land uses and development may be proposed on sites with pre-existing land uses and development subject to the following standards: a. All new land uses must meet the land use standards in Section 18.660.060. b. All new site improvements, such as vehicle parking and access, must meet the site design standards in Section 18.660.070. c. All new buildings are subject to the standards in Table 18.660.3. Table 18.660.3 New Buildings on Sites with Pre-Existing Development Proposed New Building Applicable Standards • New accessory building associated with a Exempt from all site and building design standards single detached house and less than or equal to in Sections 18.660.070 and 18.660.080 except: 528 square feet in size, or • Minimum building setbacks(18.660.070.B) • New building located partially or completely • Driveways(18.660.070.G) behind an existing building and more than 35 • District trees(18.660.070.H) feet away from all street property lines. • Maximum building height(18.660.080.B), and Subject to all applicable standards in Sections 18.660.060 and 18.660.090. Tigard Triangle Plan District 18.660-12 Code Update:4/20 Table 18.660.3 New Buildings on Sites with Pre-Existing Development Proposed New Building Applicable Standards • All other new buildings not described above. Subject to all applicable standards in Sections 18.660.060, 18.660.070, 18.660.080, and 18.660.090. E. Sites with pre-existing land use approvals. 1. Exceptions. The provisions in Paragraphs 18.660.050.E.2 through 4 apply to all development except those involving Basic Utility uses and wireless communication facilities. These types of development continue to be subject to all previously imposed conditions of approval. They also continue to be subject to the standards and procedures in Chapter 18.740, Conditional Uses and Chapter 18.450, Wireless Communication Facilities, respectively, unless different standards are approved through the adjustment process as provided in Paragraph 18.660.040.C.4. 2. Conditions of approval. Development that obtained land use approval and a final certificate of occupancy or inspection prior to the effective date of this chapter is not subject to any previously imposed conditions of approval. Development that obtained land use approval, but not a final certificate of occupancy or inspection, prior to the effective date of this chapter must continue to comply with all previously imposed conditions of approval until a final certificate of occupancy or inspection,whichever is applicable, is obtained. 3. Phased developments. Development that obtained land use approval for a phased site development review application prior to the effective date of this chapter is allowed to complete all approved phases as provided in the specific land use approval or as allowed by Subsection 18.20.040.G. 4. Modifications. Modifications to development that obtained land use approval prior to the effective date of this chapter are subject to the standards and procedures in this chapter. (Ord. 20- 01 §1; Ord. 18-28 §1; Ord. 18-23 §2; Ord. 17-25 §3; Ord. 17-22 §2) 18.660.060 Land Use Standards A. Purpose. The purpose of these standards is to encourage urban mixed-use development, limit suburban auto-oriented development, support transitional uses and adaptive re-use of existing development, and increase the diversity of goods and services available in the district. B. General provisions. 1. Vertical and horizontal mixed-use development is allowed subject to the land use standards in Subsection 18.660.060.C. 2. Mobile food carts are allowed subject to the city's food cart policy. 3. Development with drive-through service is prohibited. 4. Land uses are described in Chapter 18.60,Use Categories. Tigard Triangle Plan District 18.660-13 Code Update:4/20 C. Land use standards. 1. Allowed(A)land uses are listed in Table 18.660.4. 2. Restricted(R)land uses are listed in Table 18.660.4 and are subject to the following restrictions: a. Non-accessory parking must be located within parking structures except where existing surface parking is proposed to be used for non-accessory parking. Covered parking is not considered a parking structure. i. Non-accessory parking structures must meet all applicable design standards in this chapter. Additionally, ground stories must be designed as flexible structures with flat floor decks that can transition to accommodate allowed uses in the future. ii. New non-accessory surface parking is allowed if approved through the adjustment process as provided in Paragraph 18.660.040.C.4. b. The maximum floor area for Bulk Sales and Sales-Oriented Retail uses is 30,000 square feet per tenant space. c. The maximum floor area for General Industrial and Light Industrial uses is 2,000 square feet per tenant space. These uses must also: i. Not utilize, store, or create highly combustible, explosive,or hazardous materials, and ii. Not be located outside of a building except for utilities, service areas, and off-street parking and loading areas. These types of activities must be located and screened as required by the site design standards in Section 18.660.070. d. Wireless communication facilities are subject to the land use review process and associated standards in Chapter 18.450, Wireless Communication Facilities, unless different standards are approved through the adjustment process as provided in Paragraph 18.660.040.C.4 or required by federal law. 3. Conditional (C) land uses are listed in Table 18.660.4 and are subject to the land use review process and associated development standards provided in Chapter 18.740, Conditional Uses. 4. Prohibited(P)land uses. a. Prohibited uses are listed in Table 18.660.4 and are not eligible for adjustment through the land use review process provided in Paragraph 18.660.040.C.4. b. All marijuana facilities are prohibited. Table 18.660.4 Use Table Use Category -i Residential Use Category Residential Use A Tigard Triangle Plan District 18.660-14 Code Update:4/20 Table 18.660.4 Use Table Use Category .Civic/Institutional Use Categories • Basic Utilities C Colleges A Community Service A Cultural Institutions A Day Care A Emergency Services A Medical Centers A Postal Service A Religious Institutions A Schools A Social/Fraternal Clubs/Lodges A Temporary Shelter A lommercial Use Categories Adult Entertainment P Animal-Related Commercial P Bulk Sales R Commercial Lodging A Custom Arts and Crafts A Eating and Drinking Establishments A Indoor Entertainment A Major Event Entertainment P Motor Vehicle Sales/Rental P Motor Vehicle Servicing/Repair P Non-Accessory Parking R Office A Outdoor Entertainment P Outdoor Sales P Personal Services A Repair-Oriented Retail A Sales-Oriented Retail R Self-Service Storage P Vehicle Fuel Sales P Industrial Use Categories General Industrial R Heavy Industrial P Industrial Services P Light Industrial R Railroad Yards A Research and Development A Tigard Triangle Plan District 18.660-15 Code Update:4/20 Table 18.660.4 Use Table `Use Category Warehouse/Freight Movement P Waste-Related P Wholesale and Equipment Rental P Other Use Categories Agriculture/Horticulture P Cemeteries P Detention Facilities P Heliports P Mining P Transportation/Utility Corridors A Wireless Communication Facilities R A=Allowed R=Restricted C=Conditional Use P=Prohibited (Ord. 20-01 §1; Ord. 18-28 §1; Ord. 18-23 §2; Ord. 17-22 §2) 18.660.070 Site Design Standards A. Purpose. The purpose of these standards is to create safe, comfortable, and attractive streetscapes for pedestrians and preserve district trees, specifically the Oregon white oak (Quercus garryana). In keeping with the stated purpose of this section, site design standards do not apply to street property lines along Interstate 5 and Highway 217. B. Building location. 1. Street setbacks. The minimum building setback is 1 foot from the street property line. This standard applies to the entire building, except for building projections as allowed by Subsection 18.660.080.D. The maximum building setback is 12 feet from the street property line. This standard is met when at least 70 percent of the street-facing building facade is located no more than 12 feet away from the street property line as shown in Figure 18.660.1. a. For sites with more than one street property line, such as corner or through lots,the maximum building setback standard applies to all street property lines except where all of the following are met: i. The maximum building setback standard is met on at least one street property line, and ii. The building is located at least 35 feet away from the other street property lines. b. For lots with existing buildings,the maximum building setback standard does not apply in the following situations: i. A new building is proposed to be completely located behind an existing building that meets the maximum building setback standard, or Tigard Triangle Plan District 18.660-16 Code Update:4/20 ii. There is less than 25 linear feet of street frontage that does not contain a building within the maximum building setback area. c. The maximum street setback standard may be increased to 15 feet beyond the drip line of a district tree, as defined in Subsection 18.660.070.H, where a district tree is proposed to be preserved. 2. Interior setbacks. There is no minimum or maximum building setback standard for interior property lines. 3. Clear vision areas. The clear vision standards in Chapter 18.930, Vision Clearance Areas, do not apply to development in the TMU zone. See Paragraph 18.660.070.G.4 for driveway sight distance requirements. Figure 18.660.1 Site and Building Design Standards � - T No min.setback from interior property lines PARKING AREA No min.number of spaces required W a I At least 70%of facade AIL w within max.building setback w BUILDING c N Street screen i ^' At least 70%of facade required within max.building setback n 35'min.setback • for parking area r n Max-building setback(12') C, _ - rn 1 Min.building setback(1') — (/) L.T.p_._._._._._._._._._._.—.—.—.—.—._._._.�.�.�.� �treet roperty line S D E W A L K • F-20'—I TREE — Property line Parking area Street-facing facade Location.screening.and Window and entrance landscaping standards apply standards apply (Subsection 18.620.070.D) (Subsections 18.620.080.0&E) C. Utilities and service areas. 1. Above-ground private utilities, such as transformers and control valves, that are 1 cubic foot or greater in volume or have any one dimension greater than 2 feet must be screened as required by Paragraph 18.660.070.F.4 where not screened by a building. Landscaped stormwater facilities are exempt from this standard, and wireless communication facilities are subject to the standards and procedures in Chapter 18.450,Wireless Communication Facilities. Tigard Triangle Plan District 18.660-17 Code Update:4/20 2. Service areas, such as those that contain waste and recycling containers, outdoor storage, and mechanical equipment, must be screened as required by Paragraph 18.660.070.F.4 where not screened by a building. Roof-top mechanical equipment is exempt from this standard. Vehicle parking and loading areas are subject to the standards in Subsection 18.660.070.D. D. Off-street vehicle parking and loading. 1. Quantity. There is no minimum quantity standard for off-street parking areas. The maximum quantity standard for off-street parking is provided in Table 18.410.3. This standard is not eligible for adjustment through the review process provided in Paragraph 18.660.040.C.4 or elsewhere in this title. There is no minimum or maximum quantity standard for off-street loading areas. 2. Size. Off-street parking spaces must be a minimum of 7.5 feet in width and 17.5 feet in length. 3. Location. Off-street parking and loading areas, except those within parking structures, must be located behind a building or at least 35 feet away from all street property lines. For purposes of this chapter, a parking structure includes an individual garage associated with a residential use. 4. Screening. Off-street parking and loading areas not located behind a building, except those within parking structures,must be screened as required by Paragraph 18.660.070.F.4. 5. Landscaping. Off-street parking areas with more than 10 spaces, except those that are covered or within parking structures, are subject to the following standards as shown in Figure 18.660.2: a. One landscaped island with a tree must be provided at the end of each row of parking and at intervals of at least every 5 spaces within each row of parking. A landscaped area that runs the entire length of a row of parking may be provided instead of the required landscaped islands but must contain at least the same number of trees as the islands. b. All required landscaped areas must be a minimum of 90 square feet in size for single-loaded parking rows or 180 square feet in size for double-loaded parking rows. The required landscape area must be a minimum of 5 feet, as measured in any horizontal direction from the inside of any proposed curb. c. All required landscaped areas must be protected from vehicle overhang through the use of wheel stops. d. All required and proposed trees must have a minimum caliper of 1.5 inches at the time of planting and meet the standards in Section 13 Part 2 and Appendix 3 of the Tigard Urban Forestry Manual for soil volume and species. All required trees must be maintained in good health and be replaced as needed to meet the parking area landscaping standards into perpetuity. e. A required landscaped area may be used to meet the city's stormwater standards. 6. Vertical clearance. Off-street parking areas must have a minimum vertical clearance of 7 feet. Off-street loading areas must have a minimum vertical clearance of 15 feet. 7. Circulation. Off-street parking and loading areas must be designed to prevent vehicles from backing into the street unless approved by the City Engineer. Tigard Triangle Plan District 18.660-18 Code Update:4/20 8. Surface material. Off-street parking areas, except those that are covered or within parking structures, must be paved, graveled, or utilize a turf grid or open joint pavers. Covered or structured off-street parking areas and all off-street loading areas must be paved. Figure 18.660.2 Parking Area Landscaping Standards - • 5'min.dimension Trees must have minimum soil volumes as required by Urban Forestry Manual 5'min.width I I 90 s.f.min.area (single-loaded) • �. 180 s.f.min.area (double-loaded) BUILDING -' w w Wheel stops I i- required adjacent to landscaping *j I 1 C I n.I.7 &-v. , P-•44, Landscaping Option 1 • Landscaping Option 2 One island with tree Row of landscaping with at least every 5 spaces at least same number VEHICLE ACCESS 20' and at end of every row of trees as Option 1 -— Property line Landscaping a Tree E. Public bicycle parking. 1. Quantity. The minimum quantity standard for public bicycle parking is provided in Table 18.660.5. There is no maximum quantity standard for public bicycle parking. Public bicycle parking is defined as bicycle racks or lockers that are available for use by members of the public, including but not limited to visitors, employees, and residents. 2. Size and design. Public bicycle parking spaces must be a minimum of 2 feet in width and 6 feet in length. All public bicycle racks must be designed to allow a bicycle frame to lock to it at 2 points of contact. Table 18.660.5 Minimum Number of Public Bicycle Parking Spaces Proposed Development Minimum Number of Spaces Residential development that is not mixed-use and 1 space per 30 linear feet of street frontage or any has more than 4 units. portion thereof Non-residential and mixed-use developments. 1 space per 20 linear feet of street frontage or any portion thereof Tigard Triangle Plan District 18.660-19 Code Update:4/20 3. Location. Public bicycle parking spaces must be visible to pedestrians on the sidewalk in front of the proposed development. They must be located in front of or to the side of the building. They may be located in the public right-of-way with approval by the City Engineer. Bicycle parking must not conflict with the use and maintenance of any utilities, service areas, off-street vehicle parking and loading areas, driveways, or transportation facilities. F. Retaining walls, fences, and street screens. 1. The maximum height of retaining walls is 4 feet where located within 12 feet of any street property line. 2. Fences and walls along street and interior property lines are allowed but not required. The maximum height of fences and walls is 3 feet where located within 12 feet of any street property line. 3. Chain link fencing and unfinished concrete blocks with any one dimension equal to or greater than 15 inches are prohibited within 12 feet of any street property line. 4. Street screens are required to screen off-street parking and loading areas, service areas, and utilities from the street. Utilities and service areas include, but are not limited to, waste and recycling areas, transformers, utility vaults, and mechanical equipment. Street screens must meet the following standards: a. The street screen must be a wall, fence, or combination thereof. It must be opaque and permanent and located within 5 feet of the area to be screened. Chain link fencing is prohibited. b. If the area to be screened is an off-street parking area,the street screen must be between 4 and 6 feet in height. If the area to be screened is an off-street loading area, service area, or utility, the street screen must be between 4 and 8 feet in height. c. A street screen is not required where it would obstruct vehicle or pedestrian access. d. The maximum length of a street screen is 12 feet where located along, and within 35 feet of, any street property line. G. Driveways. 1. Quantity. Driveways on all streets are subject to the standards in Table 18.660.6, except for driveways on Dartmouth Street, 72nd Avenue, and Pacific Highway. Driveways on these streets are subject to the access management standards in Chapter 18.920, Access, Egress, and Circulation. Table 18.660.6 Maximum Number of Driveways Development Site Maximum Number of Driveways For each street frontage less than or equal to 300 1 per frontage feet in length For each street frontage more than 300 feet in length 1 per every 200 feet of frontage Tigard Triangle Plan District 18.660-20 Code Update:4/20 2. Size. Driveways for all uses, other than rowhouses and single detached houses,must be 20 feet or less in width on all streets, except for driveways on Dartmouth Street, 72nd Avenue, and Pacific Highway. Driveways on these streets must only be as wide as needed for safety and are subject to the access management standards in Subsection 18.920.030.H. Driveways for rowhouses and single detached houses must be 10 feet or less in width. Driveway width measurements do not include driveway wings. 3. Location. Driveways must be located as far apart from each other as practicable except where shared. Driveways near street intersections must be located as far from the intersection as practicable. Driveways are not allowed to be located in the influence area of any intersection with Dartmouth Street, 72nd Avenue, or Pacific Highway and are subject to the access management standards in Subsection 18.920.030.H. 4. Sight distance. Driveways must have adequate sight distance for safety. A sight distance analysis is required for proposed driveways or existing driveways on sites where development is proposed. The City Engineer will specify the technical information that must be included in the analysis. 5. Shared driveways between adjacent developments may be required where practicable. Where required, they must be maintained into perpetuity with a recorded joint access agreement, contract, or other legally binding document. H. District trees. 1. District trees are Oregon white oaks located throughout the TMU zone adjacent to existing and future public rights-of-way as shown on the Tigard Triangle District Tree Inventory and Map. Oregon white oaks in public rights-of-way are regulated as street trees and are subject to the provisions in Subparagraph 18.660.090.C.4.b. 2. The Director will maintain the Tigard Triangle District Tree Inventory and Map. If a district tree is found to be in the public right-of-way or is removed, as provided below, the Director will delete the tree from the district tree inventory and map. 3. District trees must be preserved but may be removed in either of the following circumstances: a. The applicant has submitted an adjustment application as provided in Paragraph 18.660.040.C.4 and has obtained the necessary land use approval and tree removal peilnit. Tree replacement is not required. b. The applicant has submitted a report from a certified arborist that demonstrates that the tree meets one of the criteria for removal in Section 7 Part 1.B.1,2, 3, 5 or 10 of the Tigard Urban Forestry Manual for a dead, dying, or hazardous tree and has obtained the necessary tree removal permit. Tree replacement is not required. 4. Development adjacent to district trees is subject to the following standards: a. A district tree preservation area must extend 15 feet beyond the drip line of the tree. b. Pedestrian facilities that do not disturb district tree roots are allowed within the tree preservation area. Tigard Triangle Plan District 18.660-21 Code Update:4/20 c. Buildings, driveways, and off-street vehicle parking and loading areas are not allowed within the tree preservation area. d. Tree protection measures must be in place during any ground disturbance work. Tree protection measures consist of a 5-foot metal fence placed on the perimeter of the tree preservation area. (Ord. 19-09 §1; Ord. 18-28 §1; Ord. 18-23 §2; Ord. 17-22 §2) 18.660.080 Building Design Standards A. Purpose. The purpose of these standards is to create safe, comfortable, and attractive streetscapes for pedestrians and support small-scale incremental development. In keeping with the stated purpose of this section, building design standards do not apply to street property lines along Interstate 5 and Highway 217. B. Building height. The maximum allowed building height is 6 stories, except for properties shown on Map 18.660.A that have a maximum allowed building height of 4 stories. Basements, as defined in Chapter 18.30, Definitions, are not considered stories for purposes of meeting this standard. The height standard for each type of story is provided in Table 18.660.7. Vertical building projections not used for human habitation such as chimneys, flag poles, and elevator shaft housings are exempt from the building height standards of this chapter, expect for wireless communication facilities, which are subject to the standards in Chapter 18.450,Wireless Communication Facilities. Table 18.660.7 Height by Type of Story Type of Story , Height First story 12 feet(min.) and 25 feet(max.) Middle stories 14 feet(max.) Top story 18 feet(max.) C. Building entrances. Building entrances must be located on street-facing building facades as follows: 1. Quantity. A minimum of 1 building entrance must be provided for: a. Every 80 feet of building facade, and b. Every individual residence or tenant space with a street-facing facade that is not provided with a shared street-facing entrance. c. Buildings that front onto two or more streets must meet this requirement on at least 1 facade, but they are exempt from this requirement on the remaining facades where the facades are less than 50 feet in width. 2. Location. The maximum setback for a required building entrance is 20 feet from the street property line. A required building entrance must be at an angle that is no more than 45 degrees from the street, except for entrances to individual residences. Entrances to individual residences that open onto a porch or stoop must be at an angle that is no more than 90 degrees from the street. Tigard Triangle Plan District 18.660-22 Code Update:4/20 3. Grade. Required entrances must be within 1 foot above or below the grade of the adjacent sidewalk, except for entrances to individual residences. There is no grade requirement for entrances to individual residences. 4. Weather protection. A required building entrance must be covered, recessed, or treated with a permanent architectural feature that provides weather protection for pedestrians. The required weather protection must be at least as wide as the entrance, a maximum of 6 feet above the top of the entrance, and a minimum of 3 feet in depth. The required weather protection may project into the minimum building setback and public right-of-way as allowed by Paragraph 18.660.080.D.2. Weather protection standards are shown in Figures 18.660.3 and 18.660.4. D. Building projections. Building projections are allowed as follows: 1. Architectural elements such as eaves, cornices, and bay windows may project into the minimum building setback as shown in Figure 18.660.3. Figure 18.660.3 Building Projection Standards Building Projection Standards s 1'max.projection into minimum building setback 0—4'max.projection into public right-of-way 0—3'min.depth for required weather protection 1- and 6'max.projection into public right-of-way 8'min.vertical clearance I I t - '' '. Private property Public right-of-way 2. Balconies may project into the minimum building setback and public right-of-way as shown in Figure 18.660.3. Balconies may project a maximum of 4 feet into the right-of-way. Balconies that project into the right-of-way must have a minimum vertical clearance of 10 feet from sidewalk grade and are subject to approval by the City Engineer. 3. Weather protection elements for pedestrians along building facades, such as canopies or awnings, may project into the minimum building setback and public right-of-way as shown in Figure 18.660.3. Weather protection elements may project into the right-of-way a maximum of 6 feet or the minimum sidewalk width along the building frontage,whichever is less. Elements that project Tigard Triangle Plan District 18.660-23 Code Update:4/20 into the right-of-way must have a minimum vertical clearance of 8 feet from sidewalk grade and are subject to approval by the City Engineer. 4. Signs may project into the minimum building setback and public right-of-way subject to the standards in Subparagraph 18.435.130.G.1.c and approval by the City Engineer. E. Building facade windows. Building facade windows are required as follows: 1. Windows are required on all street-facing facades within 35 feet of any street property line and are subject to the window area standards in Table 18.660.8 and as shown in Figure 18.660.4. Any portion of a street-facing facade that contains vehicle parking, such as a parking structure, does not have to provide windows but must provide facade openings that meet the minimum required window area in Table 18.660.8. If required facade openings contain glass, they must meet the standards in Paragraph 18.660.080.E.3. If required facade openings do not contain glass, they may contain architectural elements that are no more than 30 percent sight-obscuring. 2. Window area is the aggregate area of the glass within each window, including any interior grids, mullions,or transoms. Facade area is the aggregate area of each street-facing vertical wall plane. 3. Required windows must be clear glass and not mirrored, frosted, or reflective. Clear glass within doors may be counted toward meeting the window coverage standard. Table 18.660.8 Minimum Window Area Type of Story and Use Minimum Window Area First Story: Mixed-Use and Nonresidential 50%of facade Upper Stories: Mixed-Use and Nonresidential 30%of facade First Story: Residential Only 30%of facade Upper Stories: Residential Only (Does not apply to stories with 15%of facade sloped roofs or dormers) Figure 18.660.4 Window Area and Weather Protection Standards �/��/� �/��/� �/4�/� * Window area is the aggregate /� '//. a'i ///%// 1E ,, Era area of the glass within each ,(WE ////,// r 7/7// %///,///,I 1E i EMI --,,r window inducing any interior grids,mullions,or transoms '/I/��// //// %/.,A %x/x• I%,7/i My/ Minimum window area for %% Rl�// %///,%// %//G/// ///,%// %//%// %//L/// upper stories //// ! ' %/'//// %%/'//// ////,'//// %//'//// %/'//// .301% mixed use and non- r- r I residential buildings) •15%(residential buildings) 16 max 4 Weather protection required over build r 1i entries at least as wide as entry and a 7 ,/ maximum of6'aboveenir; j / I Minimum window area for ground story //// •50%(mixed use and non- / 4 Ii 1 residential buildings) •30%(residential buildings) Glass within doors count toward minimum window area Tigard Triangle Plan District 18.660-24 Code Update:4/20 (Ord. 20-01 §1; Ord. 18-28 §1; Ord. 18-23 §2; Ord. 17-25 §3; Ord. 17-22 §2) 18.660.090 Transportation Facility Standards A. Purpose. The purpose of these standards and procedures is to create safe, comfortable, and attractive streetscapes for pedestrians, improve connectivity for all modes of travel, and remove barriers for small-scale incremental development. B. General provisions. This section contains the standards and procedures for improvements to public transportation facilities for all property located in the Tigard Triangle Plan District, including specific standards for vehicle, pedestrian, bicycle, and transit facilities. The terms "transportation facilities" and "transportation improvements" generally include those facilities, or improvements to those facilities, that accommodate all modes of travel that are usually located in public rights-of-way, also commonly referred to as streets. "Frontage improvements" are transportation improvements immediately adjacent to a proposed development's street frontage. "Off-site improvements" are transportation improvements not adjacent to a proposed development's street frontage. C. Transportation facility standards. 1. General standards. a. All transportation and associated utility improvements to be placed in a public right-of-way or public access easement must: i. Except as expressly provided in Subsection 18.660.090.C, meet the standards of the city as provided in the Public Improvement Design Standards and Chapter 18.910, Improvement Standards; ii. Tie into existing transportation and associated utility improvements; iii. Be reviewed and approved through the city's public facilities permitting process, including, but not limited to, the requirements in Subsection 18.910.030.S and Sections 18.910.130 through 18.910.200; and iv. Obtain all necessary approvals and permits from other applicable road authorities if the right-of-way to be improved is not under the city's jurisdiction. b. Right-of-way must be dedicated to the public for transportation purposes. Additional right-of- way dedication may be required at intersections for needed improvements identified by a transportation impact study or applicable road authority. c. Partial transportation improvements, also called half-street improvements, resulting in other than full improvements on both sides of the street are generally not acceptable. Partial transportation improvements may be approved where the city finds that it will be possible for the adjoining property to dedicate and improve the remainder of the street when it develops. 2. Intersection design and spacing. a. Streets must generally intersect at right angles (90 degrees). Angles of less than 75 degrees are not allowed unless approved by the City Engineer. Streets must generally intersect so that centerlines are not offset. Tigard Triangle Plan District 18.660-25 Code Update:4/20 b. Street intersections must have curb extensions to reduce pedestrian crossing distances, except on streets that do not have dedicated on-street parking lanes. c. New street intersections, including alleys, not shown on Map 18.660.B Transportation Network Map are subject to approval by the City Engineer and require an access report. The City Engineer will specify the technical information that must be included in the report. At a minimum, the access report must show that the proposed street intersection meets stacking, sight distance, and deceleration standards provided in the Public Improvement Design Standards or the American Association of State Highway and Transportation Officials (AASHTO)publications, or other standards as determined by the applicable road authority. d. Clear vision standards in Chapter 18.930, Vision Clearance Areas, and street spacing standards in Chapter 18.910, Improvement Standards, do not apply to street intersections in the TMU zone. 3. Transportation network connectivity. a. Minimum required transportation improvements are shown on Map 18.660.B Transportation Network Map. Additional transportation improvements for network connectivity may be required by Subparagraphs 18.660.090.C.3.b and c. Alleys are encouraged but not required. Private streets are prohibited. b. Block perimeters must be 2,500 feet or less in length as measured along the centerlines of streets,unless: i. It is not practicable to construct a street due to topographical constraints, protected natural resource areas, or existing development patterns, and the applicant has submitted an adjustment application as provided in Paragraph 18.660.040.C.4 and obtained the necessary land use approval; or ii. A future street, path, or trail on Map 18.660.B Transportation Network Map provides for a possible future connection that is feasible at the time of the proposed development and meets the block perimeter standard when included as part of the block perimeter measurement. c. Bicycle and pedestrian connections are required where the addition of a connection would link the end of a permanent turnaround to an adjacent street or provide a midblock connection through a long block. A midblock connection is required where at least one block face is 800 feet or more in length. A required connection must go through the interior of the block and connect the block face that is 800 feet or more in length to its opposite block face. Bicycle and pedestrian connections include off-street trails and paths as described in Subsection 18.660.090.C.4.d. 4. Transportation facility design. a. Street design. All streets are subject to the standards in Table 18.660.9 and as shown in Figure 18.660.5, except for Dal lrnouth Street, 72nd Avenue, Pacific Highway, and the future business access street parallel to Pacific Highway that connects the western portion of Atlanta Street to the future 74th Avenue. Dartmouth Street, 72nd Avenue, and Pacific Highway are subject to the standards in Subsection 18.910.030.E. The future business access street is Tigard Triangle Plan District 18.660-26 Code Update:4/20 subject to the standards in Subsection 18.910.030.E, specifically the local street standard shown in Figure 18.910.6.A. Table 18.660.9 Street Elements and Widths Street Element Ai Width Notes • MEM Maximum Right-of-Way 64' Any turn lanes required by the City Engineer must be (without bike lanes) accommodated in the on-street parking lane. Maximum Right-of-Way 70'—76' Any turn lanes required by the City Engineer must be (with bike lanes) accommodated in the on-street parking lane.Bike lanes are required on specific streets. See Map 18.660.B for bike lane locations. Bike lanes are 6'in width and usually,but not always, located on both sides of the street. Vehicle Lane 10' One travel lane in each direction is required. The need for a center lane is determined by the City Engineer. On-Street Parking Lane 8' Parking on both sides of the street is required along the full length of each block face unless otherwise approved by the City Engineer for access, sight distance, stormwater facilities, bus stops,right turn lanes,or other need as identified by the City Engineer. Sidewalk Corridor 14' Sidewalk corridors are required on both sides of the street. Each corridor must include a sidewalk, landscape strip or tree well, and a 6"curb. • Minimum sidewalk width is 6' • Minimum landscape strip width is 5' • Minimum tree well dimensions are 5'x 14' Landscape strips and tree wells may be designed as stormwater facilities. See below for additional standards on street trees and stormwater facilities. Curb extensions must be included at all intersections. b. Street trees. i. Street trees are required along all street frontages. The minimum number of required street trees is determined by dividing the length (in feet) of the proposed development's street frontage by 40 feet. When the result is a fraction, the number of street trees required is the nearest whole number. ii. Street trees must meet the standards in Section 2, Section 12, and Appendix 2 of the Tigard Urban Forestry Manual for tree size, spacing, maintenance, soil volume, and species. If tree wells are used, paving stones or Belgian blocks must be used to protect tree roots in lieu of metal or rubber grating. iii. Street tree removal is subject to the city's tree removal permit process and the standards in Section 3 of the Tigard Urban Forestry Manual. Tigard Triangle Plan District 18.660-27 Code Update:4/20 iv. Any Oregon white oak initially identified as a district tree, as defined in Subsection 18.660.070.H, that is located in the public right-of-way is regulated as a street tree and preserved where practicable. Figure 18.660.5 Street Elements and Widths --1 ,_ , - 3 , ,_. i mr1 � i _ 1 , , 1 , II ,_ _ ,_l,- Ti 1, 1 1 _1 L _}__ I ., Irfflflli ii ' ,. I I r It 1 ,, , x r 'I : ngx vrr, , -— # -1. III ____, _.__ . - fl 1 ri - \ a - x Landscaping! On-street Travel Travel On-street Landscaping/ Sidewalk , Furnishing j parking I Lane Lane ), parking Furnishing a Sidewalk 6'-9' 5'-8' 8' 10' 10' 8' 5'-8' 6'-9' , Right-of-Way 64' C. Stormwater facilities. i. Stormwater facilities for managing stormwater runoff from transportation facilities must meet all applicable Clean Water Services and City of Tigard standards. ii. Above-ground vegetated water quality facilities are required wherever practicable. iii. Water quality facilities may be located in an on-street parking lane in lieu of on-street parking or in the landscape strip or tree well area of the sidewalk corridor. iv. Any stormwater facilities proposed in the public right-of-way are subject to approval by the City Engineer. d. Pedestrian facilities. i. Pedestrian facilities include sidewalks,trails, and paths. Definitions for these facilities are as follows: • Sidewalks are paved on-street transportation facilities for pedestrians. • Trails are paved off-street transportation facilities for pedestrians and bicyclists that span 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. Tigard Triangle Plan District 18.660-28 Code Update:4/20 • Paths are paved off-street transportation facilities for pedestrians and bicyclists that provide connections through or between developments within a single block or for short distances. ii. Sidewalks,trails, and paths must comply with the standards of this section and applicable federal and state accessibility requirements. iii. Sidewalks, trails, and paths must generally be located within the public right-of-way. They may be located outside of the public right-of-way within a public access easement with approval by the City Engineer. iv. Sidewalks must have a minimum unobstructed width of 6 feet for pedestrian through- travel, except for A-frame signs where the minimum unobstructed width is 4 feet. Any permanent structures or utilities within the required through-travel area are subject to approval by the City Engineer. Any sidewalk area outside of the required through-travel area may be used for commercial purposes by adjacent development or may contain pedestrian amenities, such as street furniture, bicycle parking, trash cans, and drinking fountains. Use of this area for commercial purposes includes, but is not limited to: customer seating, merchandise display, and A-frame signs. Use of this area for commercial purposes is at the sole discretion of the Director. A-frame signs are also subject to the standards and procedures in Chapter 18.435, Signs. v. Trails must have a minimum right-of-way width of 15 feet and a minimum improved surface width of 10 feet. Trail widths may be reduced where constrained by existing development, protected natural resource areas, or topography as determined by the City Engineer. vi. Paths must have a minimum right-of-way width of 12 feet and a minimum improved surface width of 8 feet. Path widths may be reduced where constrained by existing development, protected natural resource areas, or topography as determined by the City Engineer. Paths must be located to provide a reasonably direct connection between likely pedestrian destinations. e. Bicycle facilities. i. Bicycle facilities include bicycle parking, on-street shared lanes, on-street bike lanes, trails, and paths. Trails and paths are defined in Subparagraph 18.660.090.C.4.d.i. ii. Bicycle facility improvements include, but are not limited to: bicycle racks, signage, pavement markings, intersection treatments,traffic calming,and traffic diversion. f. Transit facilities. i. Transit facilities include transit stops, transit shelters, transfer stations, and other related public transit facilities. ii. Transit facility improvements include, but are not limited to: benches, signage, shelters, bus turnouts,curb extensions,pedestrian crossings, and pedestrian lighting. iii. Factors that determine the level of transit improvements needed include, but are not limited to: street classification, existing and planned level of transit service on adjacent Tigard Triangle Plan District 18.660-29 Code Update:4/20 streets, block length, proximity of major pedestrian destinations, existing and estimated ridership,and estimated transit needs of the proposed development. iv. Transit facilities must comply with current TriMet standards with final approval by the City Engineer. D. Fee in lieu of construction(FILOC). If improvements to public transportation facilities are required by Subparagraph 18.660.040.B.2.b,the applicant may request to pay a fee in lieu of constructing the required improvements. The provisions of this Subsection do not allow the applicant to a pay a fee in lieu of dedicating any needed public right-of-way. 1. FILOC review criteria. The city may accept a fee in lieu of constructing the required improvements when one or more of the following conditions exist. a. The city is actively in the process of studying or developing new design standards for one or more of the streets on which the proposed development has frontage. b. Required improvements are not feasible due to the location of existing development or frontage improvements. c. Required improvements are not feasible due to the inability to achieve proper design and safety standards. d. Required improvements are part of a larger approved capital improvement project that is listed as a funded project in a local or regional Capital Improvement Program (CIP) and is scheduled for construction within 5 years of the city's approval of the proposed development. 2. FILOC findings. If the City Engineer determines that a fee in lieu of construction satisfies one of the criteria in Paragraph 18.660.090.D.1, the city will accept a fee upon the City Engineer finding that deferring construction of required improvements will not result in any of the following. a. Safety hazards as determined by the City Engineer. b. New and significant street drainage issues as determined by the City Engineer. If the City Engineer cannot make such findings,then the city will not accept a fee and will require construction of the required improvements. 3. FILOC fees. If the City Engineer determines that required improvements are eligible for FILOC, the applicant must pay the fee in lieu of constructing the required improvements unless the city determines that the fee is not roughly proportional to the number of new trips estimated to be generated by the proposed development. The City Engineer will determine the fee based upon an estimate to construct the required improvements using the average cost of the most recent capital improvement project itemized bid prices. The applicant must pay the fee to the city prior to the issuance of any development permits. a. If full transportation facility improvements have been assessed with previous development on the site and the proposed development has additional impacts, the city may only assess additional FILOC fees when there has been a change to the city's street design standards. Tigard Triangle Plan District 18.660-30 Code Update:4/20 b. If partial transportation facility improvements have been assessed with previous development on the site and the proposed development has additional impacts, the city may assess additional FILOC fees for the balance of the improvements. c. If the applicant pays a fee in lieu of constructing the required improvements and is issued a development permit by the city but does not develop as planned, the applicant may request a refund of the FILOC fee within 3 years of payment. Any refunds are subject to the approval of the City Engineer. 4. FILOC program administration. Fees collected by the city will be used to construct public transportation facilities or to leverage additional grant money for larger transportation projects. An accounting of fees collected and expended will be made available by the city to the public on an annual basis at the end of the fiscal year. Expenditure of fees is subject to the following: Fees will be used for construction of public transportation facilities that benefit the development sites that paid the fees. (Ord. 18-28 §1; Ord. 18-23 §2; Ord. 17-25 §3; Ord. 17-22 §2) 18.660.100 Sign Standards Signs in the TMU zone are subject to the standards and procedures in Chapter 18.435, Signs, and must comply with the TMU zone sign standards in Subsection 18.435.130.G. (Ord. 18-23 §2; Ord. 17-25 §3; Ord. 17-22 §2) ■ Tigard Triangle Plan District 18.660-31 Code Update:4/20 Chapter 18.670 WASHINGTON SQUARE REGIONAL CENTER PLAN DISTRICT Sections: 18.670.010 Purpose 18.670.020 Applicability 18.670.030 Uses 18.670.040 Development Standards 18.670.050 Pre-Existing Uses and Developments 18.670.060 Street Connectivity 18.670.070 Site Design Standards 18.670.080 Building Design Standards 18.670.090 Signs 18.670.100 Street and Accessway Standards 18.670.010 Purpose A. Purpose. 1. The purpose of this chapter is to implement the vision, concepts, and principles contained in the Washington Square Regional Center Plan, and the recommendations contained in the Phase II Implementation Plan Summary Report prepared by a task force appointed by the City of Tigard. 2. Metro's Regional Urban Growth Management Functional Plan target growth capacity for the Washington Square regional center will be met by allowing mixed-use development within the regional center at densities appropriate for an urban center. 3. A mixed-use regional center will contain a variety of districts that vary in scale, predominant use, and character. Distinct districts, connected to each other and to the rest of the region by a multimodal transportation system, will provide a range of working, living, and shopping opportunities. 4. Improved multimodal transportation links, higher densities, variety of land uses, and enhanced environmental qualities will all contribute to create a desirable, livable community in the face of dramatic population and employment growth. 5. New mixed-use zoning districts, along with existing residential zoning districts in established areas, are appropriate for the regional center. B. Design principles. Design standards for public street improvements and for new development and renovation projects have been prepared for the Washington Square Regional Center Plan District. These design standards address several important guiding principles adopted for the Washington Square Regional Center Plan District, including creating a high-quality mixed-use area, providing a convenient pedestrian and bikeway system, and utilizing streetscape to create a high-quality image for the area. C. Development conformance. All new developments, including remodeling and renovation projects resulting in new commercial uses, are expected to contribute to the character and quality of the area. In addition to meeting the design standards described below and other development standards required by the development and building codes, developments will be required to dedicate and Washington Square Regional Center Plan District 18.670-1 Code Update:4/20 improve public streets; connect to public facilities such as sanitary sewer, water, and storm drainage; and participate in funding future transportation and public improvement projects necessary within the Washington Square Regional Center. (Ord. 18-23 §2; Ord. 17-22 §2) 18.670.020 Applicability A. Applicability. The regulations of this chapter apply to nonresidential and mixed-use development in the Washington Square Regional Center Plan District. The boundaries of the plan district are shown on Map 18.670.A, located at the end of this chapter, and on the official zoning map. Residential development in the Washington Square Regional Center Plan District is subject to the standards of the applicable residential development chapter. B. Conflicting standards. The following standards apply to all nonresidential and mixed-use development located within the Washington Square Regional Center Plan District within the MUC, MUE and MUR zones. The standards and requirement in this chapter govern in the event of a conflict. C. Subdistricts. The sub-area identified on Map 18.670.A has different land use and development regulations. In addition to the land uses allowed in Table 18.120.1 for the MUC zone, Motor Vehicle Sales/Rental may be allowed as a stand-alone use provided all outdoor vehicle sales inventory is screened from view from adjacent public roadways by a mixture of opaque screens and evergreen landscaping and complies with all other applicable development standards. (Ord. 20-01 §1; Ord. 18- 23 §2; Ord. 17-22 §2) 18.670.030 Uses Allowed, restricted and conditional uses are those uses allowed, allowed with restrictions, or allowed conditionally within the MUC, MUE-1, MUE-2, MUR-1 or MUR-2 zones provided in Table 18.120.1. (Ord. 18-23 §2; Ord. 17-22 §2) 18.670.040 Development Standards A. Compliance required. All development must comply with all applicable development standards provided in this title, except where an adjustment has been obtained in compliance with Chapter 18.715,Adjustments,and Subsections 18.670.040.0 and D. B. Development standards. Development standards that apply within mixed-use zones in the Washington Square Regional Center Plan District are in Table 18.320.1 or in the development standards chapter for each housing type. Existing developments that do not meet the standards specified for a particular base zone may continue in existence and be altered subject to Section 18.670.050. C. Density for developments including or abutting riparian setback. Notwithstanding the density standards, the maximum residential density and mixed-use and nonresidential floor area ratio for developments that include or abut riparian setbacks is limited to less than 110 percent of the minimum residential density and floor area ratios in all mixed-use zones, except when the following are met: 1. Wetlands within the development are expanded or enhanced in conformance with the Oregon Division of State Lands Wetlands Restoration and Enhancement Program, and if applicable; Washington Square Regional Center Plan District 18.670-2 Code Update:4/20 2. Fish habitat within the development is enhanced in conformance with the Oregon Division of State Lands Fish Habitat Enhancement Program, and if applicable; 3. The overall flood storage capacity of the 100-year floodplain within the development is increased by 10 percent. If the enhancements described above are approved, or if enhancements are already in existence,the maximum residential density standards and no maximum floor area ratio standards for mixed-use and nonresidential developments apply. D. Adjustments to density. The density standards are designed to implement the goals and policies of the comprehensive plan. These requirements apply throughout the Washington Square Regional Center Plan District, but the city recognizes that some sites are difficult to develop or redevelop in compliance with these requirements. The adjustment process provides a mechanism by which the minimum density standards may be reduced by up to 25 percent of the original requirement if the proposed development continues to meet the intended purpose of the requirement and findings are made that all approval criteria are met. Adjustments provide flexibility for unusual situations and allow for alternative ways to meet the purpose of this title. 1. The approval authority will approve or approve with conditions an application for an adjustment when all of the following are met: a. Granting the adjustment will equally or better meet the purpose of the regulation to be modified; b. The proposal will be consistent with the desired character of the area; c. If more than one adjustment is being requested, the cumulative effect of the adjustments results in a development that is still consistent with the overall purpose of the zone; and d. Any impacts resulting from the adjustment are mitigated to the maximum extent possible. 2. Adjustments are processed through a Type I procedure, as provided in Section 18.710.050, along with the land use application for development that has been filed. 3. Adjustments are prohibited for the following items: a. To allow a primary or accessory use that is not allowed by the regulations; b. As an exception to any restrictions on uses or development that contain the words "prohibited"or"not allowed"; c. As an exception to a qualifying situation for a regulation, such as zones allowed or items being limited to new development; d. As an exception to a definition or classification; or e. As an exception to the procedural steps of a procedure or to change assigned procedures. (Ord. 18-28 §1; Ord. 18-23 §2; Ord. 17-22 §2) Washington Square Regional Center Plan District 18.670-3 Code Update:4/20 18.670.050 Pre-Existing Uses and Developments Pre-existing dwelling units in mixed-use zones are allowed. Conversion of pre-existing dwelling units to other uses is subject to the requirements of this chapter. Notwithstanding the provisions of Section 18.50.040, pre-existing land uses and associated development that were lawfully in existence at the effective date of the Washington Square Regional Center Plan District are treated as lawful or approved uses and developments. A. Future additions, expansions, or enlargements to such uses or structures will be limited to the property area and use lawfully in existence at the effective date of this chapter. An addition, expansion, or enlargement of such lawfully pre-existing uses and structures up to 20 percent of the floor area lawfully in existence at the effective date of this chapter will be allowed provided the applicant of such proposed addition, expansion, or enlargement demonstrates substantial compliance with all applicable development standards in this title, or that the applicant demonstrates that the purposes of applicable development standards are addressed to the extent that the proposed addition, expansion, or enlargement allows. B. All additions, expansions, or enlargements of existing uses or structures that take place after using the 20 percent addition, expansion, or enlargement exception must be in compliance with the development standards of this title. C. If a pre-existing use is destroyed by fire, earthquake, or other natural disaster, then the use will retain its pre-existing status under this provision provided it is substantially reestablished within 3 years of the date of the loss. The new development must comply with this title. (Ord. 20-01 §1; Ord. 18-28 §1; Ord. 18-23 §2; Ord. 17-22 §2) 18.670.060 Street Connectivity A. Purpose. The standards provide a way for creating continuity and connectivity within the Washington Square Regional Center(WSRC). They provide incremental street and accessway development that is consistent with WSRC needs and regional and state planning principles for connectivity. The primary objective is to create a balanced, connected transportation system that distributes trips within the WSRC on a variety of streets. B. Demonstration of standards. All development must demonstrate how one of the following standard options will be met. Adjustments to these standards may be approved as provided in Chapter 18.715, Adjustments. 1. Design option. a. Local street spacing must provide public street connections at intervals of no more than 530 feet. b. Bike and pedestrian connections on public easements or rights-of-way must be provided at intervals of no more than 330 feet. 2. Performance option. a. Local street spacing must occur at intervals of no less than 8 street intersections per mile. Washington Square Regional Center Plan District 18.670-4 Code Update:4/20 b. The shortest vehicle trip over public streets from a major building entrance to a collector or greater facility is no more than twice the straight-line distance. c. The shortest pedestrian trip on public right-of-way from a major building entrance to a collector or greater facility is no more than 1.5 times the straight-line distance. (Ord. 18-28 §1; Ord. 18-23 §2; Ord. 17-22 §2) 18.670.070 Site Design Standards A. Compliance. All development must meet the following site design standards. B. Building placement on arterials and collectors. 1. Purpose. Architecture helps define the character and quality of a street and can make a strong statement about the overall community and city at large. The placement and design of buildings provides the framework for the streetscape and defines the edges of the public right-of-way. Architecture and first-story uses can activate the street, either by its design presence or by those who come and go from it. At intersections, investing in building frontages can create gateways and special places that add to the character of the area. 2. Standard. Buildings must occupy a minimum of 50 percent of all street frontages along arterial and collector streets. Buildings shall be located at public street intersections on arterial and collector streets. C. Building setback. 1. Purpose. Buildings and investment in architecture is most conspicuous when it is visible from the street. The presence of buildings closely sited at the edge of the right-of-way creates an envelope for the street and a sense of permanence. 2. Standard. The minimum and maximum building setback from public street rights-of-way must be in compliance with Table 18.320.1. D. Front setback design. 1. Purpose. The front setback is the most conspicuous face of a building and requires special attention. Places for people and pedestrian movement helps create an active and safer street. Higher level of landscape anticipates a more immediate visual result. 2. Standard. For setbacks greater than 0 feet, landscaping, an arcade, or a hard-surfaced expansion of the pedestrian path must be provided between a structure and a public street or accessway. If a building abuts more than one street, the required improvements must be provided on all streets. Landscaping must comply with the applicable standard in Subsection 18.670.070.F. Hard- surfaced areas must be constructed with scored concrete or modular paving materials. Benches and other street furnishings are encouraged. These areas may contribute to the minimum landscape area standard provided in Table 18.320.1. E. Walkway connection to building entrances. 1. Purpose. As density increases and employee and resident populations increase, it is expected that more people will move between businesses within the WSRC. Provisions should be made to Washington Square Regional Center Plan District 18.670-5 Code Update:4/20 encourage people to walk from business to business, and housing to business rather than use automobiles. 2. Standard. A walkway connection is required between a building's entrance and a public street or accessway. This walkway must be at least 6 feet wide and be paved with scored concrete or modular paving materials. Building entrances at a corner adjacent to a public street intersection are required. These areas may contribute to the minimum landscape area standard provided in Table 18.320.1. F. Parking location and landscape design. 1. Purpose. The emphasis on pedestrian access and a high-quality streetscape experience requires that private parking lots that abut public streets should not be the predominant street feature. Where parking does abut public streets, high quality landscaping should screen parking from adjacent pedestrian areas. 2. Standard. Parking for buildings or phases adjacent to public street rights-of-way must be located to the side or rear of newly constructed buildings. When buildings or phases are adjacent to more than one public street, primary streets will be identified by the city where this requirement applies. In general, streets with higher functional classification will be identified as primary streets unless specific design or access factors favor another street. If located on the side, parking is limited to 50 percent of the primary street frontage. When abutting public streets,parking must be screened to the S-4 standard as provided in Table 18.420.2. All other site landscaping must be planted to the L-2 standard. (Ord. 20-01 §1; Ord. 18-28 §1; Ord. 18-23 §2; Ord. 17-22 §2) 18.670.080 Building Design Standards A. Compliance. All new buildings constructed in the MUC, MUE, and MUR zones within the WSRC must comply with the following design standards. B. First-story windows. 1. Purpose. Blank walls along the street frontage tend to be neglected and are not pedestrian friendly. Windows help keep "eyes on the street" that promote safety and security and can help create a lively street frontage by displaying activities and products within the building. Lighting at night from first-story windows also adds to the presence of activity and the sense that someone is home. 2. Standard. All street-facing facades within the required building setback along public streets must include windows, doors, or display areas on a minimum of 50 percent of the first-story facade area. The first-story facade area is measured from 3 feet above grade to 9 feet above grade the entire length of the street-facing facade. Up to 50 percent of the first-story window requirement may be met on an adjoining facade provided the entire requirement is located at a building corner. C. Building facades. 1. Purpose. Straight, continuous, unarticulated walls lack interest, character, and personality. The standard provides minimum criteria for creating a diverse and interesting streetscape. 2. Standard. Facades that face a public street must provide at least one of the following features at least every 50 feet: Washington Square Regional Center Plan District 18.670-6 Code Update:4/20 a. A variation in building materials; 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 d. By another design features that reflect the building's structural system. Buildings greater than 300 feet in length must provide a pedestrian connection between or through the building. D. Weather protection. 1. Purpose. Weather protection is encouraged to create a better year-round pedestrian environment and to provide incentive for people to walk rather than drive. 2. Standard. Weather protection for pedestrians, such as awnings, canopies, and arcades, must be provided at building entrances. Weather protection is encouraged along building frontages abutting a public sidewalk or a hard-surfaced expansion of a sidewalk, and along building frontages between a building entrance and a public street or accessway. E. Building materials. 1. Purpose. High quality construction and building materials suggest a level of permanence and stature appropriate to a regional center. 2. Standard. Plain concrete block, plain concrete, corrugated metal, plywood, sheet press board, or vinyl siding are prohibited as exterior finish materials. Foundation material may be plain concrete or plain concrete block where the foundation material is not revealed for more than 2 feet. F. Roofs and roof lines. 1. Purpose. Roof line systems that blur the line between the roof and the walls of buildings should be avoided. This standard simply states that roofing materials should be used on the roof and that wall finish materials should be use on building walls. The premise is that future buildings in the WSRC should have a look of permanence and quality. 2. Standard. Except in the case of a building entrance feature, roofs must be designed as an extension of the primary materials used for the building and should respect the building's structural system and architectural style. False fronts and false roofs are prohibited. G. Roof-mounted equipment. 1. Purpose. Roof top equipment, if not screened properly, can detract from views of adjacent properties. Also, roofs and roof-mounted equipment can be the predominant view where buildings are down slope from public streets. 2. Standard. All roof-mounted equipment must be screened to the S-1 standard as provided in Section 18.420.050. 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 heating panels are exempt from this standard. (Ord. 20-01 §1; Ord. 18-28 §1; Ord. 18-23 §2; Ord. 17-22 §2) Washington Square Regional Center Plan District 18.670-7 Code Update:4/20 18.670.090 Signs Signs. In addition to the requirements of Chapter 18.435, Signs,the following standards must be met: A. Residential-only developments within the MUC, MUE, and MUR zones must meet the sign requirements for residential zones as provided in Subsection 18.435.130.A; nonresidential developments within the MUC zone must meet the sign requirements for the C-G zone as provided in Subsection 18.435.130.B; nonresidential development within the MUE zones must meet the sign requirements of the C-P zone as provided in Subsection 18.435.130.C; and nonresidential development within the MUR zones must meet the sign requirements of the C-N zone as provided in Subsection 18.435.130.D. Sign area increases are prohibited. B. The maximum height limit for all signs except wall signs is 10 feet. Wall signs may not extend above the roofline of the wall on which the sign is located. Height increases are prohibited. C. Freestanding signs are prohibited within required S-4 screening. (Ord. 19-09 §1; Ord. 18-28 §1; Ord. 18-23 §2; Ord. 17-22 §2) 18.670.100 Street and Accessway Standards The recommended roadway functional classification map and street cross-sections in the Washington Square Regional Center Plan govern the improvement and construction of major streets within the Washington Square Regional Center Plan District. Washington Square Regional Center Plan District 18.670-8 Code Update:4/20 Map 18.670.A: Washington Square Regional Center Plan District Boundaries S — 1. — Washington Square Regional z ' Center Plan District !! ! fl i i TIGARD _i - s -a - 4 . j Plan District Boundary Qom' � i T'T _ Mall Subdistrict Boundary _,, ���cr Tigard City Boundary CO ' i n+I \ - 0 50,000 100,000 200,000 O �� "' 1 s � t . N t Feet t ) 141 I I! I y , I -1- N RO 1 el r/ jam`' ' qiiiiiiiiimpihi = ' —L_ -I, II ii+44 „ 111i • . . .!._ "r o • l� r � , r ♦ ♦ ♦ i- 0 Plan District Standards to ♦♦♦ apply upon annexation t ,. ♦ +. �♦ +13) -110/ii . .. its S _ . ,, . „ :;.. „rir .rw ,.i. I + 4-1 t tr • •, _ it - I OPP 0 _J_ - I I J � - •a N > ■_ =— T RF & BG APJ URD 1 1 11t1111I 1 4- , : f- - - IS LC (Ord. 18-28 §1; Ord. 18-23 §2; Ord. 17-22 §2) ■ Washington Square Regional Center Plan District 18.670-9 Code Update:4/20 Chapter 18.710 LAND USE REVIEW PROCEDURES Sections: 18.710.010 Purpose 18.710.020 Summary of Land Use Applications 18.710.030 General Provisions 18.710.040 Types of Reviews 18.710.050 Type I Procedure 18.710.060 Type II Procedure 18.710.070 Type III Procedure 18.710.080 Type III-Modified Procedure 18.710.090 Appeals 18.710.100 Quasi-Judicial Hearings 18.710.110 Legislative Procedure 18.710.120 Special Procedures 18.710.010 Purpose The purpose of this chapter is to establish a standard review procedure for land use applications. This chapter is intended to make the land use review process clear and understandable, to facilitate timely review by the city, and to enable the public to participate in the local land use decision-making process. (Ord. 17-22 §2) 18.710.020 Summary of Land Use Applications Table 18.710.1 Summary of Land Use Applications Abbreviation Land Use Application Type Applicable Section Review Type ADU Accessory Dwelling Unit 18.220 I Adequate Public Facilities Exception MIS 18.640 (inside River Terrace) II Adjustment - Inside River Terrace Plan District 18.640 ADJ - Inside Downtown Tigard Plan District 18.650 II Inside TMU zone 18.660 -Citywide 18.715 ZCA Annexation 18.720 III-Modified, Legislative (N/A) Appeal 18.710 III-various CPA Comprehensive Plan Map Amendment 18.790 III-Modified, Legislative CPA Comprehensive Plan Text Amendment 18.790 Legislative CUP Conditional Use 18.740 III-HO DCA Development Code Text Amendment 18.790 Legislative DIR Director Determination 18.730 I DDR Downtown Development Review 18.650 I,II (N/A) Extension 18.745 I,II Land Use Review Procedures 18.710-1 Code Update:4/20 Table 18.710.1 Summar of Land Use A I s lications Abbreviation Land Use Application Type Applicable Section Review Type MIS Historic Resource Designation or Alteration 18.750 II,III-PC HOP Home Occupation Permit 18.760 I,II MLP Land Partition 18.820 II LLA Lot Line Adjustment or Lot Consolidation 18.810 I MAR Marijuana Facility Permit 18.430 I Modification MMD -Minor 18.765 I -Major II PDR Planned Development 18.770 II, III-PC SLR Sensitive Lands Review 18.510 I,II, III-HO SGN Sign Permit 18.435 I SDR Site Development Review 18.780 I,II SUB Subdivision 18.830 II TUP Temporary Use Permit 18.440 I MIS Transportation Mitigation(inside TMU zone) 18.660 II UFR Urban Forestry Plan Modification or 18.420 I,III-HO, Discretionary Review III-PC Zoning Map Amendment III-PC, ZON -Quasi-Judicial(site specific) 18.790 III-Modified, -Legislative(citywide) Legislative (Ord. 19-09 §1; Ord. 18-28 §1; Ord. 18-23 §2; Ord. 17-25 §3; Ord. 17-22 §2) 18.710.030 General Provisions A. Pre-application conferences. A pre-application conference is required for all Type II and Type III applications, except for Home Occupations, Extensions, and Complex Tree Removals. The Director may waive the requirement for a pre-application conference. Legislative actions are exempt from a pre-application conference. 1. To request a pre-application conference, a prospective applicant must submit a pre-application request form, a brief description of the proposed uses,and a site plan. 2. When a pre-application conference is required, the prospective applicant must meet with the city for the purpose of identifying policies and regulations that relate to the proposed development, providing technical data and assistance that will aid the applicant, and identifying other opportunities or constraints that relate to the proposed development. 3. Failure of the Director to provide any of the information required by this chapter does not constitute a waiver of the standards, criteria, or requirements of the applications. 4. Due to possible changes in applicable law, the facts and circumstances of the property, and the information developed during the review process and other factors, information provided by the city during the pre-application conference is not binding. Applicants are solely responsible for demonstrating compliance with all applicable standards. Land Use Review Procedures 18.710-2 Code Update:4/20 5. The prospective applicant has one year from the date of the pre-application conference to submit a land use application for the proposed development. B. Neighborhood meetings. A prospective applicant must hold a neighborhood meeting prior to filing the following applications: comprehensive plan map amendment (quasi judicial), conditional use, major modifications, planned development review, sensitive lands review (Type II and III), site development review(Type II), subdivision, and zoning map amendment(quasi-judicial). 1. The location of the meeting must be open to the public and accessible in compliance with the Americans with Disabilities Act. The facility must be located as close to the proposed development site as possible. 2. The meeting must be held in the evening on a Monday through Thursday. 3. The prospective applicant must provide a written and posted notice for the meeting. a. A written notice to the city's interested parties list and property owners within 500 feet of the proposed development site must be mailed not less than 2 weeks but no more than 4 weeks from the date of the meeting. The notice must include: i. Description and location of the proposal; ii. Applicant contact information; iii. Date,time and location of the meeting; and iv. A vicinity map that clearly identifies the property or properties included in the proposal. b. A notice must be posted at the proposed development site, not less than 2 weeks but not more than 4 weeks from the meeting date, in a location where the notice is visible from each street frontage. The notice must include: i. Description and location of the proposal; ii. Applicant contact information; iii. Date,time and location of the meeting; and iv. A vicinity map that clearly identifies the development site included in the proposal. c. The prospective applicant must complete an affidavit of mailing and posting of the notice. 4. At the meeting,the prospective applicant must: a. Read the"Statement of Purpose"letter provided by the city to the attendees; b. Present the proposal, including at least a site plan; c. Provide a handout with a contact name and phone number; and Land Use Review Procedures 18.710-3 Code Update:4/20 d. Provide a sign in sheet to document the names and addresses of all individuals who attend the meeting and take meeting minutes of all comments, concerns, and issues raised at the meeting. 5. The affidavits, meeting minutes, and other meeting materials must be submitted to the city with the application. C. Application submittal. 1. Applications may be initiated by: a. All of the property owners, contract purchasers of the subject property, or any agent authorized to represent the property owners or contract purchasers. Easement holders are not considered owners for this section. If the subject property was divided without a partitioning or subdivision approval required by law at the time of the division, an application for approval of the land division may be filed by the owner, contract purchaser, or representative of one of the units of land created by the division; b. The Director; c. Tigard City Council; d. Tigard Planning Commission; or e. A public entity that has the right of eminent domain for projects the entity has the authority to construct. 2. Multiple applications for a single proposed development will be consolidated unless the applicant specifies otherwise in the application. A concurrent application review consolidates the review of multiple applications into a single review process. The applications will be processed using the highest review type required for any part of the proposed development. 3. The application must include, at a minimum, the following items. The Director may waive items listed if they are not applicable to the proposed application. a. Application form, including signature of the property owner or public agency initiating the application. b. Deed,title report,or other proof of ownership. c. Detailed and comprehensive description of existing site conditions and all existing and proposed uses and structures, including a summary of all information contained in any site plans. d. Narrative that demonstrates how the proposal meets all applicable approval criteria,regulations, and development standards. e. Site plans, landscape plans, grading plans, elevation drawings, preliminary plat, final plat, or similar to scale. f. Any other materials required by a specific land use application. Land Use Review Procedures 18.710-4 Code Update:4/20 g. Any required service provider letters, including,but not limited to,Clean Water Services,waste disposal company,or other entity. h. Any required studies or reports, including, but not limited to, a traffic impact analysis, wetland delineation report,or geotechnical report. i. Copy of any existing and proposed restrictions or covenants. j. Payment of all fees,based on the fee schedule in effect at time of submittal, as adopted by City Council. k. Copy of the pre-application conference notes,if applicable. 1. Copy of the mailed neighborhood meeting letter, the mailing list, affidavits of mailing and posting, copy of the meeting sign-in sheets, meeting minutes, and any handouts provided at the meeting,including the site plan,if applicable. D. Application completeness. 1. When the application is accepted,the Director will review the application for completeness. If the application is incomplete, the Director will notify the applicant of exactly what information is missing within 30 days of receipt of the application and allow the applicant to submit the missing information. 2. The application will be deemed complete upon the receipt of: a. All of the missing information; b. Some of the missing information and a written notice from the applicant that no other information will be provided; or c. Written notice from the applicant that none of the missing information will be provided. 3. If the applicant does not submit the missing information or provide written notice that no additional information will be provided,the application will be deemed void on the 181'day after submittal. E. Modifications of applications. A modification of application means the applicant's submittal of new information after an application has been deemed complete and prior to close of the record on a pending application that would modify a development proposal by changing one or more of the following components: proposed uses, operating characteristics, intensity, scale, or site layout, in a manner that requires the application of new criteria to the proposal or that would require a substantial change to the findings of fact. It does not mean a submittal of new evidence that merely clarifies or supports the pending application. 1. A Type I or Type II application may be modified up until the decision is issued. A Type II application that is appealed or Type III application may be modified up until the close of the record. 2. The approval authority will not consider any evidence submitted by the applicant that would constitute a modification of an application, as defined above, unless a new application is Land Use Review Procedures 18.710-5 Code Update:4/20 submitted for the modification. The modification constitutes a new application and restarts the 120-day clock for the application being modified. 3. Prior to the first public hearing or if a hearing is not required,the Director will have sole authority to determine whether an applicant's submittal constitutes a modification. After such a time, the hearing authority will make such determination. The determination on whether a submittal constitutes a modification is appealable only to the Land Use Board of Appeals and only after a final decision on the application is issued. F. Amended decision process. 1. The purpose of an amended decision is to provide the Director the ability to correct typographical errors, rectify inadvertent omissions, or make other minor changes that do not materially alter the decision. 2. The approval authority may issue an amended decision after the notice of final decision has been issued but before the appeal period has expired. 3. The notice of an amended decision is the same as that which applies to a Type II procedure, as provided in Section 18.710.060. G. Withdrawal of an application. An application may be withdrawn prior to issuance of a decision. H. Re-submittal of application following denial. Applications that have been denied, excluding applications denied solely on procedural grounds, may not be resubmitted for the same or a substantially similar proposal unless one or more of the following are met: 1. Twelve months has passed since the denial became final; 2. Substantial changes are made to the application that resolve all findings for denial of the application; or 3. Standards and criteria relative to the findings of the original denial have changed. I. Receipt of submittals. Any submittals for which a deadline is provided for in this chapter must be addressed to the recipient depaitiiient designated in the notice and actually and physically received by the designated recipient department on or before the close of business on the due date, except that if the due date falls on a state or federal holiday, a regular weekday that the Community Development Department, or its successor, is not open for business, or a weekend, will be extended to the close of business on the next day that the depai intent is open for business. Emails are considered received at the time shown on the city's email system. Submittals received after the deadline will not be considered or effective. J. Conformance with application. Unless provided otherwise in the decision,development must conform in all material respects to the approved application and submittals in support of the application. (Ord. 20-01 §1; Ord. 19-09 §1; Ord. 18-28 §1; Ord. 18-23 §2; Ord. 17-22 §2) 18.710.040 Types of Reviews A. General. This section defines the review types and establishes the approval and appeal authority for each. Land Use Review Procedures 18.710-6 Code Update:4/20 B. Review types defined. There are four review procedure types: Type I, Type II, Type III, and Legislative. Table 18.710.1 contains the city's land use application types and associated review types. The review types are defined as follows: 1. Type I procedures apply to land use applications that are governed by clear and objective approval criteria or development standards that may require the exercise of professional judgment about technical issues only. Type I actions are decided by the Director without public notice and without a public hearing. 2. Type II procedures apply to land use applications that are governed by subjective approval criteria or development standards that may require the exercise of limited discretion. Type II actions are decided by the Director with public notice. If any party with standing appeals a Type II decision, the appeal of such decision will be heard by the Hearings Officer. 3. Type III procedures apply to land use applications that are governed by approval criteria that require the exercise of discretion and judgment and about which there may be broad public interest. Type III applications are decided by the Hearings Officer (Type III-HO) or the Planning Commission(Type III-PC)with appeals to the City Council. Type III-Modified are decided by the City Council with a recommendation from the Planning Commission. 4. Legislative actions involve the establishment and modification of land use plans, policies, and regulations. The Legislative procedure includes two public hearings; the first by the Planning Commission and then by the City Council. The hearings provide opportunities for public comment and input on actions that may affect large areas of the city. C. Approval and appeal authorities. The approval and appeal authorities for each review type are provided in Table 18.710.2. The decision of the appeal authority is the city's final decision. Parties with standing may appeal the city's final decision to the Oregon Land Use Board of Appeals. Table 18.710.2 Review Types and City Appeal Authorities Review Type Approval Authority Appeal Authority Type I Community Development Director None/Land Use Board of Appeals Type II Community Development Director Hearings Officer Type III-HO Hearings Officer City Council Type III-PC Planning Commission City Council Type III-Modified City Council,with initial hearing and None/Land Use Board of Appeals recommendation by Planning Commission Legislative City Council,with initial hearing and None/Land Use Board of Appeals recommendation by Planning Commission D. Determination. The Director will determine the most appropriate review type for land use applications or actions requested. The Director determination is the final local decision and will favor the review type that provides the most appropriate public notice and opportunity for public comment. E. Notice. 1. A failure of any person to receive actual notice that was mailed does not invalidate the decision or action. In all other cases, failure to receive notice or irregularities in providing notice is grounds for invalidation only if the party demonstrates substantial prejudice. The city may require re- notification, grant a continuance, or take other actions to avoid prejudice without requiring that a Land Use Review Procedures 18.710-7 Code Update:4/20 new application be filed. 2. The city may provide notice in excess of the minimum requirement. 3. Public notices required by this section will be sent to the names and addresses of owners as shown on the current Washington County property tax records. The boundary of the subject property includes all contiguous property under the same ownership of as the subject property. All notices will be deemed delivered on the date the notice is deposited in the U.S. Mail or personally delivered,whichever first occurs. F. Burden of proof and procedural error. 1. Unless expressly provided otherwise in this title or by law, the applicant has the burden of proof to demonstrate compliance with all applicable criteria and standards,including on appeal. 2. Unless expressly identified as jurisdictional, failure to comply with a provision of this chapter invalidates an action only if the person alleging the error demonstrates that the error occurred and that person's substantial rights have been prejudiced. G. Remanded and withdrawn decisions. The approval authority for a remanded or withdrawn decision will be the approval authority from which the appeal to the Land Use Board of Appeals was taken, except that in voluntary or stipulated remands, the City Council may decide that it will hear the case on remand. (Ord. 19-09 §1; Ord. 18-23 §2; Ord. 17-22 §2) 18.710.050 Type I Procedure A. Decision requirements. The Director will approve, approve with conditions, or deny the requested application or action based on the applicable approval criteria and development standards. B. Final decision. The Director's decision is final for purposes of appeal on the date it is mailed or otherwise provided to the applicant, whichever occurs first. The Director's decision is not appealable locally and is the final decision of the city. C. Effective date. The Director's decision is effective on the day after it is final. (Ord. 18-23 §2; Ord. 17- 22 §2) 18.710.060 Type 11 Procedure A. Notice of application. The purpose of such notice is to provide nearby property owners and other interested parties with an opportunity to submit written comments concerning the application,prior to issuance of the decision. The goal of this notice is to invite parties of interest to participate early in the review process. 1. Prior to making a decision, a notice of application must be mailed to: a. All owners of record within 500 feet of the proposed development site; b. City's interested parties who have requested to receive notice of all land use notices; c. Any city-recognized neighborhood group or community organization whose boundaries include the proposed development site; and Land Use Review Procedures 18.710-8 Code Update:4/20 d. Any governmental agency that is entitled to notice. 2. The Director will prepare an affidavit of mailing such notice that indicates the date that the notice was mailed to the necessary parties. The affidavit will be made part of the record. 3. A notice of application must include: a. An explanation of the application, including case number and the proposed use or uses that could be authorized; b. A description of the proposed development site, including street address, map and tax lot number, or other easily understood geographical reference to the proposed development site and zoning designation; c. List of criteria and development standards applicable to the application; d. Include the name and telephone number of the city contact person to obtain additional information; e. A statement that the city will consider written comments submitted prior to the issuance of the decision and the place, date, and time that comments are due; f. Indicate that all evidence relied upon by the approval authority to make this decision is contained within the record and is available for public review. Copies of this evidence may be obtained from the Director; g. Indicate that after the comment period closes,the approval authority will issue a decision; and h. Contain the following notice: "Notice to mortgagee, lienholder, vendor, or seller: The Tigard Development Code requires that if you receive this notice it shall be promptly forwarded to the purchaser." B. Decision requirements. The approval authority will approve, approve with conditions, or deny the requested application based on the applicable approval criteria and development standards. C. Notice of decision. 1. Notice of decision must be mailed to the applicant and to all parties of record within 7 days after the decision is signed by the approval authority. 2. The Director will prepare an affidavit of mailing such notice that indicates the date that the notice was mailed to the necessary parties. The affidavit will be made part of the record. 3. A notice of decision must include: a. An explanation of the decision, including case number; b. A description of the proposed development site, including street address, map and tax lot number, or other easily understood geographical reference to the proposed development site and zoning designation; Land Use Review Procedures 18.710-9 Code Update:4/20 c. A statement that the complete case file is available for review, including when and where the case file is available and the name and telephone number of the city contact person to obtain additional information; d. The date the decision will become final,unless appealed; e. A statement that any person entitled to notice or who are adversely affected or aggrieved by the decision may appeal the decision; and f. A statement briefly explaining how an appeal may be filed, the deadline for filing an appeal, and a reference to where further information about filing an appeal can be obtained. D. Final decision and effective date. A Type II decision is final for purposes of appeal on the date the notice is mailed. A Type II decision becomes effective on the day after the appeal period expires, unless an appeal is filed. (Ord. 19-09 §1; Ord. 18-23 §2; Ord. 17-22 §2) 18.710.070 Type III Procedure A. Notice of hearing. 1. A notice of hearing must be provided as follows: a. At least 20 days prior to the hearing date, a notice of hearing must be mailed to: i. The applicant and all owners or contract purchasers of record of the proposed development site; ii. All property owners of record within 500 feet of the proposed development site; iii. City's interested parties who have requested to receive notice of all land use notices; iv. Any city-recognized neighborhood group and community organizations whose boundaries include the proposed development site; v. Any affected governmental agency that is entitled to such notice; and vi. In actions involving appeals,the appellant and all parties to the appeal. b. The Director will prepare an affidavit of mailing such notice that indicates the date that the notice was mailed to the necessary parties. The affidavit will be made part of the record. c. At least 14 days prior to the hearing date, a notice of the hearing must be posted on the proposed development site by the applicant. An affidavit of posting such notice must be prepared by the applicant and submitted as part of the record. 2. A mailed notice of hearing must include: a. An explanation of the application, including case number and the proposed use or uses that could be authorized; Land Use Review Procedures 18.710-10 Code Update:4/20 b. A description of the proposed development site, including street address, map and tax lot number, or other easily understood geographical reference to the proposed development site and zoning designation; c. List of criteria and development standards applicable to the application; d. Include the name and the telephone number of the city contact person to obtain additional information; e. State the date,time, and location of the hearing; f. State the failure to raise an issue at the hearing, in person, or by letter, or failure to provide statements or evidence sufficient to afford the approval authority an opportunity to respond to the issue precludes appeal to the Land Use Board of Appeals based on that issue; g. State that a copy of the application and all documents and evidence submitted by or on behalf of the applicant and the applicable criteria are available for inspection at no cost and that copies may be provided at a reasonable cost; h. State that a copy of the staff report will be available for inspection at no cost at least 7 days prior to the hearing, and that a copy may be provided at a reasonable cost; i. Include a general explanation of the requirements for submittal of testimony and the procedure for conducting hearings; and j. Contain the following notice: "Notice to mortgagee, lienholder, vendor, or seller: The Tigard Development Code requires that if you receive this notice it shall be promptly forwarded to the purchaser." 3. A posted notice of hearing must include: a. An explanation of the application, including case number and the proposed use or uses that could be authorized; b. A description of the proposed development site, including street address, map and tax lot number, or other easily understood geographical reference to the proposed development site and zoning designation; c. List of criteria and development standards applicable to the application; d. Include the name and the telephone number of the city contact person to obtain additional information; e. State the date,time, and location of the hearing; f. State that a copy of the application and all documents and evidence submitted by or on behalf of the applicant and the applicable criteria are available for inspection at no cost and that copies may be provided at a reasonable cost; and g. State that a copy of the staff report will be available for inspection at no cost at least 7 days prior to the hearing, and that a copy may be provided at a reasonable cost. Land Use Review Procedures 18.710-11 Code Update:4/20 B. Hearing requirements. Hearings before the appropriate approval authority, as provided in Table 18.710.2, will be conducted in compliance with the quasi-judicial hearing requirements in Section 18.710.100. C. Decision requirements. The approval authority will approve, approve with conditions, or deny the requested application based on the applicable approval criteria and development standards. D. Notice of decision. Notice of decision must be mailed to the applicant and to all parties of record within 7 days after the decision is filed by the approval authority with the Director. The notice must be provided in compliance with Paragraphs 18.710.060.C.2 and 3. E. Final decision and effective date. The decision of a Type III application is final for purposes of appeal on the date the notice of decision is mailed. The decision is effective on the day after the appeal period expires,unless an appeal is filed. (Ord. 18-23 §2; Ord. 17-22 §2) 18.710.080 Type III-Modified Procedure All applications subject to the Type III-Modified review will follow the procedures provided in Section 18.710.070, except that the approval authority may remand the decision to the recommending body. (Ord. 19-09 §1; Ord. 18-23 §2; Ord. 17-22 §2) 18.710.090 Appeals A. Filing an appeal. A Type II or III decision may be appealed as follows: 1. The following parties have standing to appeal a decision: a. The applicant; b. For appeals of a Type II decision, any person who is adversely affected or aggrieved or who was entitled to written notice of the Type II decision; and c. Any party, who demonstrates that the person participated in the proceeding through the submittal of written or verbal testimony. 2. An appeal must be filed with the Director within 15 days of the date the notice of decision was mailed. 3. An appeal must include: a. The date and case file number of the decision being appealed; b. Documentation that the person filing the appeal has standing to appeal; c. A detailed statement describing the basis of appeal; and d. Payment of the required fee,based on the fee schedule in effect at time of submittal, as adopted by City Council. The fee is established by the Director. The maximum fee for an appeal hearing is the cost to the local government for preparing and for conducting the hearing, or the statutory maximum, whichever is less. Failure to timely pay the required fee is a jurisdictional defect. Land Use Review Procedures 18.710-12 Code Update:4/20 B. Procedure for Type II and III appeals. 1. All appeals must provide notice of hearing in compliance with Type III notice requirements, as provided in Subsection 18.710.070.A. 2. Appeal hearings before the appropriate appeal authority, as provided in Table 18.710.2, will be conducted in compliance with the quasi-judicial hearing requirements in Section 18.710.100. 3. Appeal hearings are de novo. A de novo hearing allows for the presentation of new evidence, testimony, and argument by any party. The appeal authority will consider all relevant evidence, testimony, and argument that are provided at the hearing by the appellant or any party. The scope of the hearing is not limited to the issues that were raised on appeal. 4. The decision of the appeal authority is the final local decision and is final and effective on the date the decision is mailed. (Ord. 18-23 §2; Ord. 17-22 §2) 18.710.100 Quasi-Judicial Hearings A. Procedures. The following procedures apply to all quasi-judicial hearings: 1. At the commencement of the hearing, a statement will be made to those in attendance that: a. Lists the applicable substantive criteria; b. States that testimony and evidence must be directed toward the relevant approval criteria described in the staff report, or other criteria in the plan or land use regulation that the person testifying believes to apply to the decision; and c. States that failure to raise an issue with sufficient specificity to afford the approval authority and the parties an opportunity to respond to the issue, precludes an appeal to the Land Use Board of Appeals on that issue and that failure of the applicant to object to a condition of approval may preclude an action for damages in circuit court. 2. Parties to a quasi-judicial hearing are entitled to an impartial hearing authority as free from potential conflicts of interest and pre-hearing ex parte contacts as reasonably possible. It is recognized, however, that the public has a countervailing right of free access to public officials; therefore: a. Hearing authority members must disclose the substance of any pre-hearing ex parte contacts with regard to the matter at the commencement of the public hearing on the matter. The member must state whether the contact has impaired the impartiality or ability of the member to vote on the matter and provide the parties the right to rebut the substance of the communication. The member will participate or abstain accordingly. b. Any member of the hearing authority may not participate in any proceeding or action in which any of the following has a direct or substantial financial interest: the member or member's spouse, brother, sister, child, parent, father-in-law, mother-in-law, or partner; any business in which the member is then serving or has served within the previous 2 years; or any business with which the member is negotiating for or has an arrangement or understanding concerning prospective partnership or employment. Any actual or potential Land Use Review Procedures 18.710-13 Code Update:4/20 interest must be disclosed at the meeting of the hearing authority where the action is being taken. c. Disqualification of a hearing authority member due to contacts or conflict may be ordered by a majority of the members present and voting. The person who is the subject of the motion may not vote. d. If all members abstain or are disqualified, the administrative rule of necessity will apply. All members present who declare their reasons for abstention or disqualification will thereby be re-qualified to act. e. In cases involving the disqualification or recusal of a Hearings Officer, the city will provide a substitute Hearings Officer in a timely manner subject to the above impartiality rules. 3. Prior to the conclusion of the initial evidentiary hearing, any participant may request an opportunity to present additional relevant evidence or testimony. The local hearing authority may grant such request by continuing the public hearing in compliance with Subparagraph 18.710.100.A.4.a or by leaving the record open for additional written evidence or testimony as provided in Subparagraph 18.710.100.A.4.b. 4. If the hearing authority grants a continuance, the hearing will be continued to a date, time, and place certain at least 7 days from the date of the initial evidentiary hearing. An opportunity will be provided at the continued hearing for persons to present and rebut new evidence and testimony. If new written evidence is submitted at the continued hearing, any person may request, prior to the conclusion of the continued hearing, that the record be left open for at least 7 days, to submit additional written evidence or testimony for the purpose of responding to the new written evidence. 5. If the hearing authority leaves the record open for additional written evidence or testimony, the record must be left open for at least 7 days. Any participant may file a written request with the city for an opportunity to respond to new evidence submitted during the period the record was left open. If such a request is filed, the hearing authority must reopen the record in compliance with Paragraph 18.710.100.A.5. a. A continuance or extension granted is subject to the limitations of ORS 227.178, unless the continuance or extension is requested or agreed to by the applicant; b. Unless waived by the applicant, the city will allow the applicant at least 7 days after the record is closed to all other parties to submit final written arguments in support of the application period. The applicant's final submittal will be considered part of the record but may not include any new evidence. B. The record. 1. The record contains all testimony and evidence that is submitted and not rejected. 2. The hearing authority may take official notice of judicially cognizable facts in compliance with the applicable law. If the hearing authority takes official notice, it must announce its intention and allow the parties to the hearing to present evidence concerning the fact. Land Use Review Procedures 18.710-14 Code Update:4/20 3. The hearing authority must retain custody of the record as appropriate, until a final decision is rendered. 4. When a hearing authority re-opens a record to admit new evidence, arguments, or testimony, any person may raise new issues that relate to the new evidence, arguments, or testimony, or criteria that apply to the matter at issue. C. Ex parte communications. 1. Members of the hearing authority may not: a. Communicate, directly or indirectly, with any party or representative of a party in connection with any issue involved in a hearing, except upon giving notice, and an opportunity for all parties to rebut the substance of the communication; or b. Take notice of any communication, report, or other materials outside the record prepared by the proponents or opponents in connection with the particular case unless the parties are afforded an opportunity to contest the materials so noticed. 2. No decision or action of the hearing authority will be invalid due to ex parte contacts or bias resulting from ex parte contacts with a member of the approval authority if the member of the approval authority receiving contact: a. Places on the record the substance of any written or oral ex parte communications concerning the decision or action; and b. Makes a public announcement of the content of the communication and of the parties' right to rebut the substance of the communication made at the first hearing following the communication where action will be considered or taken on the subject to which the communication is related. 3. Members of the hearing authority are subject to the provisions of ORS 244 and the provisions of this section. 4. A communication between city staff and the hearing authority is not considered an ex parte contact. D. Presenting and receiving evidence. 1. The hearing authority may set reasonable time limits for oral presentations and may limit or exclude cumulative,repetitious, irrelevant, or personally derogatory testimony. 2. Oral testimony will not be accepted after the close of the public hearing. Written testimony may be received after the close of the public hearing, but only in compliance with the schedule and procedure announced by the hearing authority prior to the close of the public hearing, or as otherwise provided by this section. (Ord. 18-23 §2; Ord. 17-22 §2) 18.710.110 Legislative Procedure Legislative actions typically involve adoption of an ordinance. In addition to any requirements imposed by the city charter,the following procedures apply. In the event of a conflict,the charter governs. Land Use Review Procedures 18.710-15 Code Update:4/20 A. Notice of hearing. 1. All Legislative applications require two hearings, one before the Planning Commission and one before the City Council. 2. A notice of hearing will be provided as required by state law, and an affidavit of mailing will be included in the record that identifies the mailing date and the names and addresses of the mailing recipients. B. Hearing process and procedure. Unless otherwise provided in the rules of procedure adopted by the City Council, the presiding officer of the Planning Commission and of the City Council have the authority to: 1. Regulate the course, sequence, and decorum of the hearing; 2. Dispose of procedural requirements or similar matters; and 3. Impose reasonable time limits for oral presentations. C. Continuation of the public hearing. The Planning Commission or the City Council may continue any hearing and no additional notice is required if the matter is continued to a date, time and location certain. D. Adoption process and authority. 1. The Planning Commission may: a. After the public hearing, formulate a recommendation to the City Council to adopt, adopt with modifications, adopt an alternative,or deny the Legislative application; and b. Within 14 days of determining a recommendation, the written recommendation must be signed by the presiding officer of the Planning Commission and filed with the Director. 2. The City Council may: a. Adopt, adopt with modifications, adopt an alternative, deny, or remand to the Planning Commission for rehearing and reconsideration on all or part of the Legislative application; b. Consider the recommendation of the Planning Commission, however, it is not bound by the Planning Commission's recommendation; and c. Act by ordinance, which must be signed by the Mayor after the City Council's adoption of the ordinance. E. Vote. 1. A vote by a majority of the qualified voting members of the Planning Commission present is required for a recommendation for adoption, adoption with modifications, adoption of an alternative, or denial. Land Use Review Procedures 18.710-16 Code Update:4/20 2. The concurrence of a majority of the members of the City Council present and voting, when a quorum is present,is necessary to decide and question before the City Council. F. Notice of decision.Notice of decision must be mailed within 7 days after the decision is filed with the Director to all persons who testified orally or in writing. G. Final decision and effective date. The decision of a Legislative application is final and effective on the date specified in the enacting ordinance. (Ord. 18-28 §1; Ord. 18-23 §2; Ord. 17-22 §2) 18.710.120 Special Procedures A. Expedited land divisions. The expedited land division (ELD)procedure provides an alternative to the standard procedures for some land divisions. The applicant may choose to use the ELD process if the land division request meets all of the elements specified in ORS 197.360. The steps of this procedure are in ORS 197.365 through 197.375. The application submittal requirements are provided in Section 18.710.030. B. Limited land use decisions. A limited land use decision (LLD) is defined and may be used in the manner set forth in ORS 197.015(12). 1. An applicant who wishes to use an LLD procedure instead of the regular procedure type assigned to it, must request the use of the LLD at the time the application is filed, or forfeit their right to use it; 2. An LLD will be reviewed in compliance with ORS 197.195. The city will follow the city's Type II procedure, as provided in Section 18.710.060, except to the extent otherwise required by applicable state law. C. Affordable housing developments. Applications for affordable housing developments qualify for a reduced review time of 100 days from the date the application is deemed complete, provided the following are met: 1. The application is for apartment or rowhouse development containing five or more dwelling units; 2. At least 50 percent of the dwelling units included in the development will be sold or rented as affordable to households with incomes equal to or less than 60 percent of the median family income for Washington County,or for the state,whichever is greater; and 3. The development is conditioned on the recording of a covenant appurtenant,prior to the issuance of a certificate of occupancy, that prohibits the sale or rental of any affordable dwelling unit used to meet the standard of Paragraph 18.710.120.C.2, except as housing that meets that standard, for a period of 60 years from the date of the certificate of occupancy. (Ord. 20-01 §1; Ord. 18-28 §1; Ord. 18-23 §2; Ord. 17-22 §2) ■ Land Use Review Procedures 18.710-17 Code Update:4/20 Chapter 18.715 ADJUSTMENTS Sections: 18.715.010 Purpose 18.715.020 Applicability 18.715.030 General Provisions 18.715.040 Approval Process 18.715.050 Approval Criteria 18.715.010 Purpose The purpose of this chapter is to provide an appropriate and efficient review process for granting relief from the specific requirements of this title to allow reasonable development or prevent undue hardship. Adjustments are intended to provide limited flexibility for development to address the requirements of this title through alternative or innovative means. (Ord. 18-28 §1) 18.715.020 Applicability A. Applicability. This chapter applies to all proposals to adjust an existing requirement of this title. All requirements, such as development or design standards, may be adjusted except as provided in Subsection 18.715.020.B or where specifically provided for elsewhere in this title, such as in Chapter 18.660, Tigard Triangle Plan District. B. Prohibited adjustments.Adjustments are prohibited in the following situations: 1. To allow a primary or accessory use that is prohibited; 2. To change or eliminate a regulation that contains an express prohibition; 3. To change or eliminate a threshold for a review; 4. To change or eliminate any part of an approval process, including approval periods; 5. To change a definition, a method of measurement,or the description of a use category; 6. To change or eliminate any regulations in Chapter 18.510, Sensitive Lands; or 7. To change the required density for a housing type in a residential zone. (Ord. 18-28 §1) 18.715.030 General Provisions A. An applicant may seek relief from the specific requirements of this title through one of two types of adjustments. An applicant may either demonstrate that a proposed adjustment will result in development that is in substantial compliance with this title or that a hardship exists and a proposed adjustment is necessary to preclude all reasonable economic use of the property. B. Multiple adjustment proposals will be processed concurrently. (Ord. 18-28 §1) Adjustments 18.715-1 Code Update:4/20 18.715.040 Approval Process An adjustment application is processed through a Type II procedure as provided in Section 18.710.060. (Ord. 20-01 §1; Ord. 19-09 §1; Ord. 18-28 §1) 18.715.050 Approval Criteria The approval authority will approve or approve with conditions an adjustment application when all of the criteria in either Subsection 18.715.050.A or B are met. A. Criteria for demonstrating substantial compliance. 1. The proposed adjustment results in development that is generally consistent with the purpose of the development standard to be adjusted; and a. Has only minor impacts on surrounding properties or public facilities,or b. Addresses a site constraint or unusual situation, or c. Utilizes innovative design or results in sustainable development; 2. The proposed adjustment does not have a greater impact on city-designated sensitive lands than would otherwise occur if the adjustment was not approved; and 3. If the proposed adjustment addresses a site constraint or unusual situation, utilizes innovative design, or results in sustainable development, any impacts from the proposed adjustment are mitigated to the extent practicable; and 4. If more than one adjustment is proposed, the cumulative effect of the adjustments results in development that is generally consistent with the existing development pattern of the surrounding area and the overall purpose of the base zone. B. Criteria for demonstrating hardship. 1. Application of the development standard proposed for adjustment would preclude all reasonable economic use of the property; 2. The need for the proposed adjustment is the result of conditions or circumstances outside the control of the applicant or property owner; 3. The proposed adjustment results in development that equally or better meets the purpose of the development standard to be modified; and 4. Any impacts from the proposed adjustment are mitigated to the extent practicable. (Ord. 20-01 §1; Ord. 18-28 §1) • Adjustments 18.715-2 Code Update:4/20 Chapter 18.720 ANNEXATIONS Sections: 18.720.010 Purpose 18.720.020 Approval Process 18.720.030 Approval Criteria 18.720.010 Purpose The purpose of this chapter is to establish procedures and criteria for annexations,under the provisions of Metro Code Chapter 3.09 and Oregon Revised Statutes including, but not limited to, ORS Chapter 222. The provisions of this chapter are intended to achieve the orderly and efficient annexation of lands to the city that will result in providing a complete range of urban services and consistency with the comprehensive plan. (Ord. 17-22 §2) 18.720.020 Approval Process A. A quasi-judicial annexation application is processed through a Type III-Modified procedure, as provided in Section 18.710.080. Quasi-judicial annexations are decided by the City Council with a recommendation by Planning Commission. B. A legislative annexation application is processed through the Legislative procedure, as provided in Section 18.710.110. (Ord. 20-01 §1; Ord. 19-09 §1; Ord. 18-23 §2; Ord. 17-22 §2) 18.720.030 Approval Criteria A. Approval criteria. The approval authority will approve or approve with modification an annexation application when all of the following are met: 1. The annexation complies with Metro Code 3.09; and 2. The annexation is in the city's best interest. B. Assignment of comprehensive plan and zoning designations. The comprehensive plan designation and the zoning designation placed on the property is the city's base zone that most closely implements the city's or county's comprehensive plan map designation. The assignment of these designations occurs automatically and concurrently with the annexation. In the case of land that carries county designations, the city will convert the county's comprehensive plan map and zoning designations to the city designations that are the most similar. A zone change is required if the applicant requests a comprehensive plan map or zoning map designation other than the existing designations. A request for a zone change may be processed concurrently with an annexation application or after the annexation has been approved. Within the Washington Square Regional Center,the assignment of city comprehensive plan and zoning designations will be as provided in the Washington Square Regional Center Phase II Implementation Plan, dated June 29, 2001, Figure 4 Adopted Zoning Designations. C. Conversion table. Table 18.720.1 summarizes the conversion of the county's plan and zoning designations to city designations that are most similar. Annexations 18.720-1 Code Update:4/20 Table 18.720.1 Conversion Table for County and City Comprehensive Plan and Zoning Designations Washington County Land Use City of Tigard Zoning City of Tigard Districts/Plan Designation Plan Designation .A1=1 R-5 Res. 5 units per acre R-4.5 Low-density residential R-6 Res. 6 units per acre R-7 Medium-density residential R-9 Res. 9 units per acre R-12 Medium-density residential R-15 Res. 15 units per acre R-25 Medium-high-density residential R-24 Res. 24 units per acre R-25 Medium-high-density residential Office Commercial(OC) C-P Professional Commercial Neighborhood Commercial(NC) C-N Neighborhood Commercial General Commercial(GC) C-G General Commercial Industrial(IND) I-L Light Industrial Institutional(INST) Equivalent to adjacent County Equivalent to adjacent County base zone base zone (Ord. 18-28 §1; Ord. 18-23 §2; Ord. 17-22 §2) ■ Annexations 18.720-2 Code Update:4/20 Chapter 18.730 DIRECTOR DETERMINATIONS Sections: 18.730.010 Purpose 18.730.020 Applicability 18.730.030 General Provisions 18.730.040 Approval Process 18.730.050 Approval Criteria 18.730.010 Purpose The purpose of director determinations is to resolve situations where terms or phrases within this title are ambiguous or subject to two or more reasonable meanings as applied to a specific property or use, or where this title contains a specific provision for a director determination. (Ord. 18-28 §1; Ord. 18-23 §2; Ord. 17-22 §2) 18.730.020 Applicability Director determinations may be issued for the following: A. An interpretation of any term or phrase in this title. B. A determination of a nonconforming use, an unlisted use, modification of certain conditions of approval, reasonable accommodation, zone boundary, or as otherwise provided in this title. (Ord. 18- 28 §1; Ord. 18-23 §2) 18.730.030 General Provisions A. Director's authority to initiate. The director may initiate a Director determination on behalf of the city, either specific or not specific to a particular property or circumstance. The Director may also initiate a Director determination when there is a reasonable dispute or lack of clarity regarding allowed uses on a property. If initiated by the director,no application form or payment are required. B. Director's authority to decline an application. The Director may decline to issue a Director determination. If an application for a Director determination is declined, the Director will respond within 14 days following the date of the request. The Director's decision to decline an application is final when the decision is mailed to the party requesting the determination. The decision to decline to issue a director determination is the city's final local decision. (Ord. 18-28 §1; Ord. 18-23 §2) 18.730.040 Approval Process A Director determination application is processed through a Type I procedure, as provided in Section 18.710.050. (Ord. 20-01 §1; Ord. 18-28 §1; Ord. 18-23 §2) 18.730.050 Approval Criteria A Director determination has no specific approval criteria, except in the following cases: A. The criteria for determination of a nonconforming use are provided in Section 18.50.030. Director Determinations 18.730-1 Code Update:4/20 B. The criteria for determination of an unlisted use are provided in Subsection 18.60.030.C. C. The criteria for modification of an original condition of approval are provided in Paragraph 18.20.040.E.4. D. The criteria for determination of a zone boundary are provided in Subsection 18.10.050.C. (Ord. 18- 28 §1; Ord. 18-23 §2; Ord. 17-22 §2) ■ Director Determinations 18.730-2 Code Update:4/20 Chapter 18.740 CONDITIONAL USES Sections: 18.740.010 Purpose 18.740.020 Applicability 18.740.030 General Provisions 18.740.040 Approval Process 18.740.050 Approval Criteria 18.740.060 Conditions of Approval 18.740.070 Pre-Existing Conditional Uses 18.740.080 Discontinuation of Existing Conditional Uses 18.740.010 Purpose The purpose of this chapter is to provide an appropriate review process for evaluating and establishing conditional uses to ensure that they are appropriately located within the community, reasonably compatible with surrounding uses, and advancing the community's vision to become a walkable, healthy, and inclusive city. Conditional uses are not allowed by right. Although they may serve important public and private interests, conditional uses are subject to conditional use review because their size, operation, or characteristics require case-by-case evaluation to identify and mitigate impacts to surrounding properties, public facilities, or the environment. A conditional use approval does not constitute a zone change and is subject to any modifications, conditions, or restrictions deemed appropriate by the approval authority. (Ord. 18-28 §1) 18.740.020 Applicability This chapter applies to all new or existing uses identified in this title as conditional uses. (Ord. 18-28 §1) 18.740.030 General Provisions A. Conditional use approval is required to establish a new conditional use or to substantially redevelop an existing conditional use. Substantial redevelopment is defined as a proposal that involves substantial changes to uses, structures, site improvements, operating characteristics, or original findings of fact. B. Conditional use approvals do not expire once utilized, except through discontinuation as described in Section 18.740.080. C. Conditional use approvals or existing conditional uses may be modified as allowed by Chapter 18.765, Modifications. (Ord. 18-28 §1) 18.740.040 Approval Process A conditional use application is processed through a Type III-HO procedure as provided in Section 18.710.070. (Ord. 19-09 §1; Ord. 18-28 §1) Conditional Uses 18.740-1 Code Update:4/20 18.740.050 Approval Criteria The approval authority will approve or approve with conditions a conditional use application when all of the following criteria are met: A. The characteristics of the site are suitable for the proposed development or use considering size, shape, location,topography, and natural features; B. The operating characteristics of the proposed use are reasonably compatible with surrounding properties, public facilities, or sensitive lands with regard to noise, vibration, air quality, glare, odor, and dust; C. The physical characteristics of the proposed development are reasonably compatible with surrounding properties,public facilities, or sensitive lands with regard to building height,location, and orientation; D. Any adverse impacts from the proposed development or use are mitigated to the extent practicable; E. The proposed development is located and designed to support pedestrian access, safety, and comfort on and adjacent to the site where practicable; F. The proposed development complies with all applicable standards and requirements of this title, except where an adjustment has been approved or the approval authority has determined that a more restrictive development or design standard is necessary to address issues of compatibility or walkability; and G. Adequate public facilities are available to serve the proposed development or use at the time of occupancy. (Ord. 20-01 §1; Ord. 19-09 §1; Ord. 18-28 §1) 18.740.060 Conditions of Approval The approval authority may impose conditions of approval on the proposed development or use that are suitable and necessary to meet the approval criteria and to ensure compatibility with surrounding properties, protect the public from adverse impacts, or advance the community's vision to become a walkable,healthy, and inclusive city. Conditions may include but are not limited to the following: A. Limiting the hours,days,place, and manner of operation; B. Requiring design features that minimize adverse operational impacts such as those caused by noise, vibration, air pollution, glare, odor, and dust; C. Requiring the protection and preservation of existing trees, vegetation, land forms, and habitat areas or limiting lot coverage; D. Requiring pedestrian access or improvements within the development or between the development and the surrounding community; E. Requiring additional landscaping or screening of structures,off-street parking, or service areas; F. Requiring or limiting the location,intensity, and shielding of outdoor lighting; or G. Requiring or limiting the size, height, location, and materials of fences. (Ord. 19-09 §1; Ord. 18-28 §1) Conditional Uses 18.740-2 Code Update:4/20 18.740.070 Pre-Existing Conditional Uses A. A pre-existing conditional use is any established use currently identified in this title as a conditional use where the use was not initially subject to city regulations when established,but became subject to city regulations through annexation or incorporation. A pre-existing conditional use is the same as an approved conditional use for purposes of this chapter. B. A pre-existing conditional use is not a nonconforming use and is therefore not subject to the provisions of Chapter 18.50, Nonconforming Circumstances. However, any nonconforming development associated with a pre-existing conditional use is subject to the provisions of Chapter 18.50,Nonconforming Circumstances. (Ord. 18-28 §1) 18.740.080 Discontinuation of Existing Conditional Uses A conditional use automatically loses its conditional use status when either of the following occurs: A. The property owner replaces the conditional use with a use allowed by right or obtains approval to establish a different conditional use; or B. The conditional use is discontinued for more than one year. Calculation of the one-year period begins on the earliest date that any of the following events occurs: 1. The conditional use physically vacates the location where it was approved to operate; 2. The conditional use ceases to provide the service or activity that was the subject of the conditional use approval; 3. The lease or contract allowing the conditional use to operate at the approved location is terminated; or 4. A final reading of the water or power meter serving the conditional use is made by the applicable utility provider. (Ord. 18-28 §1) ■ Conditional Uses 18.740-3 Code Update:4/20 Chapter 18.760 HOME OCCUPATIONS Sections: 18.760.010 Purpose 18.760.020 Applicability 18.760.030 Approval Process 18.760.040 Approval Criteria 18.760.050 General Provisions 18.760.060 Approval Standards 18.760.070 Conditions of Approval 18.760.080 Revocation of Home Occupation Permits 18.760.090 Nonconforming Home Occupations 18.760.010 Purpose It is the purpose of this chapter to: A. Allow residents an opportunity to use their homes to engage in small-scale business ventures that could not be sustained if it were necessary to lease commercial quarters, or because the nature of the activity would make it impractical to expand to a full-scale enterprise; and B. Establish approval standards to ensure that home occupations are conducted as lawful uses that are subordinate to the residential use of the property and are conducted in a manner that is not detrimental or disruptive in terms of appearance or operation to neighboring properties and residents. (Ord. 18-23 §2; Ord. 17-22 §2) 18.760.020 Applicability A. Applicability. The provisions of this chapter apply to any accessory commercial use associated with a primary Household Living use. B. Exemptions. The following activities and uses are exempt from the provisions of this chapter: 1. Garage sales; 2. For-profit production of produce or other food products grown on the premises that meet the Agriculture/Horticulture use category characteristics, as provided in Chapter 18.60, Use Categories. This may include temporary or seasonal sale of produce or other food products; 3. Family day care uses; 4. Hobbies that do not result in payment to those engaged in such activity; and 5. Legal nonconforming home occupations as provided in Section 18.760.090. (Ord. 20-01 §1; Ord. 19-09 §1; Ord. 18-28 §1; Ord. 18-23 §2; Ord. 17-22 §2) Home Occupations 18.760-1 Code Update:4/20 18.760.030 Approval Process A. Type I home occupations. A Type I home occupation application is processed through a Type I procedure, as provided in Section 18.710.050. B. Type II home occupation permit. A Type II home occupation application is processed through a Type II procedure, as provided in Section 18.710.060. (Ord. 20-01 §1; Ord. 19-09 §1; Ord. 18-23 §2; Ord. 17-22 §2) 18.760.040 Approval Criteria The approval authority will approve or approve with conditions a home occupation application when all of the applicable general provisions in Section 18.760.050 and approval standards in Section 18.760.060 are met. (Ord. 19-09 §1; Ord. 18-23 §2; Ord. 17-22 §2) 18.760.050 General Provisions All home occupations except legal nonconforming home occupations must comply with all of the following in addition to the approval standards for Type I and Type II home occupations provided in Section 18.760.060. A. Home occupations may be undertaken only by a principal occupant of a dwelling unit. B. Deliveries to the residence by suppliers are limited to 3 per week. C. The home occupation must comply with all provisions of Title 6 of the Tigard Municipal Code. D. The home occupation must be operated entirely within the dwelling unit or a conforming accessory structure. The maximum square footage used for the home occupation and associated storage of materials and products is 25 percent of the combined residence and accessory structure floor area or 528 square feet, whichever is smaller. All indoor storage of materials or products must meet the provisions of the building, fire,health, and housing codes. E. A home occupation may not necessitate a change in the state building code use classification of a dwelling unit. Any accessory building that is used must meet building code requirements. F. A dwelling unit may have more than one home occupation, provided that the combined floor area used for the home occupations does not exceed the square footage limitation imposed in Subsection 18.760.040.D. Each home occupation must apply for a separate home occupation permit, if required by this chapter. G. The following activities are prohibited as part of a home occupation: 1. Storage or distribution of toxic, flammable,or explosive materials, and 2. Spray painting or spray finishing operations that involve toxic or flammable materials that in the judgment of the fire marshal pose a dangerous risk to the residence, its occupants, or surrounding properties. H. Additional parking is not required for home occupations. Home Occupations 18.760-2 Code Update:4/20 I. The following activities are not allowed as home occupations: 1. Motor vehicle repair and painting; 2. Mechanical repair conducted outside of an entirely-enclosed building; 3. Junk and salvage operations; and 4. Storage or sale of fireworks. J. Exterior storage of commercial vehicles, as defined in the Oregon Vehicle Code, is prohibited, except that 1 commercially licensed vehicle of not more than 0.75 ton gross vehicle weight (GVW) may be parked outside of a structure. (Ord. 20-01 §1; Ord. 19-09 §1) 18.760.060 Approval Standards A. Type I home occupations. Type I home occupations must comply with the following: 1. Outside volunteers or employees are prohibited on the premises. Only members of the household may be engaged in the business activity; 2. Exterior signs that identify the property as a business location are prohibited; 3. Clients or customers are prohibited from visiting the premises for any reason; and 4. Exterior storage of materials is prohibited. B. Type II home occupations. Type II home occupations must comply with the following: 1. One non-illuminated sign not exceeding 1.5 square feet is allowed. The sign may be attached to the residence or an accessory structure, or be placed in a window; 2. Only 1 outside volunteer or employee who is not a member of the household is allowed on the premises; 3. Type II home occupations are not allowed on lots with cottage cluster, courtyard unit, or quad development, or on a lot with more than one accessory dwelling unit. 4. Up to 6 daily customers or clients are allowed. Customers and clients are prohibited from visiting the business between the hours of 10 p.m. and 8 a.m.; and 5. Storage areas for materials, goods, and equipment must be screened entirely from view by a solid fence. Storage must not exceed 5 percent of the total lot area and is prohibited within front or side setbacks. (Ord. 19-09 §1; Ord. 18-23 §2; Ord. 17-22 §2) 18.760.070 Conditions of Approval The approval authority may impose conditions upon the approval of a Type II home occupation permit to ensure compliance with the requirements of this chapter. These conditions may include, but are not limited to,the following: Home Occupations 18.760-3 Code Update:4/20 A. Further limiting the hours,days,place, and manner of operation; B. Requiring site and building design features that minimize environmental impacts such as noise, vibration, air pollution, glare, odor, and dust; C. Requiring additional building setbacks, or increased lot area,depth, or width; D. Further limiting the building area and outdoor storage used by the home occupation and restricting the location of the use on the site in relationship to adjoining uses; E. Designating the size,number, location, and design of vehicle access points; F. Requiring street right-of-way to be free at all times of vehicles parked in association with the home occupation; G. Requiring landscaping, buffering, or screening of the home occupation from adjoining uses and establishing standards for the continued maintenance of these improvements; H. Requiring storm drainage improvements and surfacing of parking and loading areas; I. Limiting the extent and type of interior or exterior building remodeling necessary to accommodate the home occupation; J. Limiting or setting standards for the location and intensity of outdoor lighting; K. Requiring and designating the size, height, and location of fences and materials used for their construction; L. Requiring the protection and preservation of existing trees, vegetation, watercourses, slopes, wildlife habitat areas, and drainage areas; M. Limiting the type and number of vehicles or equipment to be parked or stored on the site; or N. Any other limitations that the approval authority considers to be necessary or desirable to make the use comply with the purposes of this chapter and the underlying base zone. (Ord. 19-09 §1; Ord. 18- 23 §2; Ord. 17-22 §2) 18.760.080 Revocation of Home Occupation Permits A. Grounds for revocation. The Director may: 1. Revoke a home occupation approval if the conditions of approval have not been or are not being complied with and the home occupation is otherwise being conducted in a manner contrary to this chapter. 2. The Director may approve the use as it exists, revoke the home occupation permit, or compel measures to be taken to ensure compatibility with the neighborhood and conformance with this chapter after reviewing a complaint. Complaints may be originated by the City of Tigard or the public. Complaints from the public must clearly state the objection to the home occupation, such as: Home Occupations 18.760-4 Code Update:4/20 a. Generation of excessive traffic; b. Exclusive use of on-street parking spaces; or c. Other offensive activities not compatible with a residential neighborhood. B. Cessation of home occupation pending review. If it is determined by the Director in exercise of reasonable discretion, that the home occupation in question will affect public health and safety, the use may be ordered to cease pending hearings officer review or exhaustion of all appeals. C. Waiting period for re-application. When a home occupation permit has been revoked due to violation of these standards, the permittee must wait a minimum period of one year before another application for a home occupation on the subject lot will be considered. D. Invalidation of permit. A home occupation permit is valid only for the property designated on the application and is voided if the applicant moves from the residence. (Ord. 19-09 §1; Ord. 18-28 §1; Ord. 18-23 §2; Ord. 17-22 §2) 18.760.090 Nonconforming Home Occupations A. Nonconforming home occupations. Ongoing home occupations may be granted nonconforming status provided that they were: 1. Allowed under county authority prior to annexation to the city and have been in continuous operation since initial approval; or 2. Allowed under city authority prior to 1983 and have since been in continuous operation. B. Governing regulations. Nonconforming home occupations will be regulated as a nonconforming circumstance. 1. A nonconforming circumstance is further regulated by Chapter 18.50, Nonconforming Circumstances. Such use may continue until the use is expanded or altered so as to increase the level of noncompliance with this title. 2. The burden of proving a home occupation's nonconforming status rests with the property owner or tenant. C. Violations. Home occupations without city or county approval that cannot prove nonconforming status will be considered in violation of this chapter and must cease until the appropriate approvals have been obtained. (Ord. 19-09 §1; Ord. 18-23 §2; Ord. 17-22 §2) ■ Home Occupations 18.760-5 Code Update:4/20 Chapter 18.770 PLANNED DEVELOPMENTS Sections: 18.770.010 Purpose 18.770.020 Applicability 18.770.030 General Provisions 18.770.040 Required Analysis 18.770.050 Approval Process 18.770.060 Approval Criteria 18.770.070 Conditions of Approval 18.770.010 Purpose The purpose of this chapter is to provide an appropriate review process for evaluating and establishing planned developments. Planned developments are typically large-scale developments or smaller developments on constrained sites that desire or need more flexibility than available through the adjustment process. The benefits of flexibility to a planned development may take many forms, including but not limited to the transfer of density across internal zone boundaries, greater diversity of housing types and uses, increased building height,or increased density. The planned development review process provides an opportunity for innovative, creative, and well- designed developments that may be more intense than otherwise allowed by this title in exchange for developments that are thoughtfully integrated into the surrounding community and include features that benefit the public above and beyond what is generally required by this title. The benefits to the public from a planned development may take many forms, including but not limited to enhanced walkability or accessibility, increased housing options, increased open space, protection of significant tree groves, enhanced sensitive lands protection or restoration, enhanced outdoor recreational opportunities, enhanced public spaces or furnishings, pedestrian-scale architectural features, affordable housing, or sustainable features. A planned development approval does not constitute a zone change and is subject to any modifications, conditions, or restrictions deemed appropriate by the approval authority. (Ord. 18-28 §1) 18.770.020 Applicability This chapter applies to all proposed or existing planned developments. (Ord. 18-28 §1) 18.770.030 General Provisions A. Planned development review is a voluntary process. B. Planned development approval is required to establish a new planned development or to substantially redevelop an existing planned development. Substantial redevelopment is defined as a proposal that involves substantial changes to uses, structures, site improvements, operating characteristics, or original findings of fact. C. An applicant may choose to submit a single consolidated planned development application or two consecutive planned development applications consisting of a concept plan application and a detailed plan application. Planned Developments 18.770-1 Code Update:4/20 D. The proposed development must comply with all applicable development standards and requirements of this title, except as specifically adjusted through the planned development approval process. Planned development review satisfies the requirements for site development or conditional use review and a separate site development, conditional use, or adjustment application is not required. E. If sensitive lands review is required, a sensitive lands application must be submitted concurrently with a consolidated or detailed plan application. A sensitive lands application may not be submitted concurrently with a concept plan application. F. If land division is proposed, a subdivision or land partition application must be submitted concurrently with a consolidated or detailed plan application. A subdivision or land partition application may not be submitted concurrently with a concept plan application. G. If the proposed development has more than one base zone designation, density and floor area standards are calculated for each base zone as provided by this title. H. Density and floor area allocations and increases allowed with planned development approval are as follows: 1. Minimum density and floor area may be allocated anywhere on the site regardless of the underlying base zone designation. 2. Maximum density and floor area may be increased subject to the limitation of Subparagraph 18.770.060.B.10.b. I. Uses and housing types allowed with planned development approval are based on the underlying zoning as follows: 1. Residential zones. All housing types and civic uses are allowed. Commercial uses not allowed by the underlying base zone may be allowed where appropriately located, designed, and scaled. 2. Commercial zones. Apartments and civic uses not allowed by the underlying base zone may be allowed where appropriately located, designed, and scaled. 3. Industrial zones. No additional uses are allowed beyond what is allowed in the applicable base zone. J. The following development standards may not be adjusted with planned development approval: 1. Minimum density or minimum floor area ratio. 2. Maximum parking ratio. 3. Any development standard that contains an express prohibition. K. Planned development approvals may not adjust the items listed in Paragraph 18.715.020.B.2 through 6. L. Planned development approvals may be modified as allowed by Chapter 18.765, Modifications. (Ord. 18-28 §1) Planned Developments 18.770-2 Code Update:4/20 18.770.040 Required Analysis In addition to the submittal requirements in Paragraph 18.710.030.C.3, a consolidated or concept plan application must include the information listed below. The graphic illustrations must adequately demonstrate the required information. Examples of graphic illustrations include,but are not limited to,the following: maps, site plans, massing studies, elevation drawings, photo simulations, and digitally created 3-dimensional drawings. Manually created artistic renderings are usually not adequate on their own to illustrate the required information. A. Proposal summary. A written description and graphic illustration of the planned development proposal with enough specificity to convey the overall land use pattern, development scale, circulation network, and housing types and densities. The description must include a statement about the planning objectives to be achieved by the proposal and why the applicant believes the public benefits from the proposal are sufficient to warrant the type and amount of flexibility requested. B. Flexibility request. A detailed written description of all proposed adjustments to development standards and the reason for each proposed adjustment. The description must be accompanied by professional studies or analyses as needed to adequately support the reason for each proposed adjustment. The description must also include a table that lists each applicable development standard and the associated proposed standard in a side-by-side column format. C. Public benefits proposal. A detailed written description of all proposed public benefits. The description must be accompanied by drawings,plans, or details as needed to convey the location, size, and overall nature of each public benefit. Public benefits include features, amenities, or protections that in some way exceed the minimum standards of this title to the benefit of the general public or planned development users. D. Environmental analysis. A written description and graphic illustration of the relationship between the planned development proposal and any existing natural features on the site. The description and illustration must explain how the proposal addresses any existing sensitive lands, significant tree groves, land forms, or other natural features on the site. E. Compatibility analysis. A written description and graphic illustration of the relationship between the planned development proposal and the surrounding community. The description and illustration must explain how the proposal integrates with and responds to existing development patterns through a discussion about the arrangement, location, and massing of all proposed buildings, uses, and site improvements, including streets and paths. F. Land use analysis. A detailed written description that demonstrates the need for or benefit of any civic or commercial uses proposed in a residential zone or civic or residential uses proposed in a commercial zone where not allowed in the underlying base zone. The description must be accompanied by professional Planned Developments 18.770-3 Code Update:4/20 studies or analyses as needed to adequately support the proposed land uses. The description must also include a table that lists each proposed land use category by location. G. Impact identification. A detailed written description of the impacts of the planned development proposal on adjacent properties or the surrounding community that would not occur if the site developed without a planned development approval. If impacts exist, the description must include a detailed mitigation proposal where practicable. (Ord. 18-28 §1) 18.770.050 Approval Process A. A consolidated planned development application is processed through a Type 111-PC procedure as provided in Section 18.710.070. B. A consecutive planned development submittal involves two separate applications. 1. A concept plan application is processed through a Type III-PC procedure as provided in Section 18.710.070. A concept plan approval must be effective prior to the submittal of a detailed plan application. 2. A detailed plan application is processed through a Type II procedure as provided in Section 18.710.060,unless the concept plan approval authority specifies a different review procedure as a condition of concept plan approval. (Ord. 19-09 §1; Ord. 18-28 §1) 18.770.060 Approval Criteria A. Consolidated planned development. The approval authority will approve or approve with conditions a consolidated planned development application when all of the following criteria are met: 1. All concept plan approval criteria listed in Subsection 18.770.060.B are met; and 2. Adequate public facilities are available to serve the proposed development at the time of occupancy. B. Concept plan. The approval authority will approve or approve with conditions a concept plan application when all of the following criteria are met: 1. The information and analysis required by Section 18.770.040 is sufficiently detailed and of high enough quality to effectively evaluate the proposed development; 2. The characteristics of the site are suitable for the proposed development considering size, shape, location,topography, and natural features; 3. The proposed development is reasonably compatible with and thoughtfully integrated into the surrounding community; 4. The proposed development includes features, amenities, or protections that exceed the minimum standards of this title to the benefit of the general public or planned development users, and the proposed benefits are sufficient to warrant the type and amount of development flexibility requested; Planned Developments 18.770-4 Code Update:4/20 5. The streets, buildings, and site improvements of the proposed development are designed and located to preserve existing, healthy, and noninvasive trees and tree groves to the greatest extent possible; 6. The streets, buildings, and site improvements of the proposed development are designed and located to preserve all natural drainages to the greatest extent possible, except where the applicant has demonstrated that modifying a natural drainage results in the same or better environmental function as the existing drainage; 7. Any impacts from the proposed development are mitigated to the extent practicable; 8. The city engineer has determined that any adjustments to street or access standards do not result in unsafe conditions; 9. The proposed development complies with all applicable development standards and requirements of this title, except as adjusted through this approval process; and 10. The proposed development is within the following limits: a. Maximum building height may be increased by up to 50 percent, b. Maximum density or floor area may be increased by up to 30 percent, and c. Minimum landscape area may be reduced down to 10 percent. C. Detailed plan. The approval authority will approve or approve with conditions a detailed plan application when all of the following criteria are met: 1. The proposed detailed plan is substantially consistent with the approved concept plan; 2. The proposed detailed plan complies with all applicable development standards and requirements of this title, except as adjusted or conditioned through the concept plan approval process; and 3. Adequate public facilities are available to serve the proposed development at the time of occupancy. (Ord. 18-28 §1) 18.770.070 Conditions of Approval The approval authority may impose conditions of approval that are suitable and necessary to ensure that the consolidated or concept plan proposal is consistent with the purpose of this chapter as embodied by the approval criteria listed in Subsections 18.770.060.A and B. Conditions may include but are not limited to the following: A. Requiring design features that minimize environmental impacts; B. Limiting building height, size, or location; C. Requiring higher quality materials or building design; D. Requiring open space,public spaces,or community amenities; Planned Developments 18.770-5 Code Update:4/20 E. Requiring separation or screening of uses, buildings, off-street parking areas, or service areas from public spaces or adjacent uses; F. Requiring separation or screening of private residential spaces from public spaces or adjacent uses; G. Requiring pedestrian access within the development and between the development and the surrounding community; H. Requiring pedestrian-oriented design features such as building awnings, first-story windows and entries,or street-facing facades; I. Limiting or otherwise designating the size,number, or location of vehicle access points; or J. Limiting or otherwise designating the location, intensity, and shielding of outdoor lighting. (Ord. 20- 01 §1; Ord. 18-28 §1) ■ Planned Developments 18.770-6 Code Update:4/20 Chapter 18.790 TEXT AND MAP AMENDMENTS Sections: 18.790.010 Purpose 18.790.020 Legislative Amendments 18.790.030 Quasi-Judicial Amendments 18.790.010 Purpose The purpose of this chapter is to establish procedures for legislative and quasi-judicial amendments to the City's Comprehensive Plan, this title,the comprehensive plan map and the official zoning map. (Ord. 18- 28 §1; Ord. 18-23 §2; Ord. 17-22 §2) 18.790.020 Legislative Amendments A. Approval process. A legislative amendment is processed through a Legislative procedure, as provided in Section 18.710.110. B. Approval considerations. A recommendation or a decision for a legislative amendment application may be based on consideration of the applicable legal requirements. They may,but do not necessarily include: Oregon Revised Statutes, Oregon Administrative Rules, one or more Statewide Planning Goals,Metro's Urban Growth Management Functional Plan and any other regional plans. (Ord. 20-01 §1; Ord. 18-28 §1; Ord. 18-23 §2; Ord. 17-22 §2) 18.790.030 Quasi-Judicial Amendments A. Approval process. 1. A quasi-judicial zoning map amendment that does not require a comprehensive plan map amendment is processed through a Type III-PC procedure, as provided in Section 18.710.070. 2. A quasi-judicial comprehensive plan map amendment application is processed through a Type III-Modified procedure, as provided in Section 18.710.080, which is decided by the City Council with a recommendation by Planning Commission. 3. A quasi-judicial zoning map amendment application that requires a comprehensive map plan amendment is processed through a Type III-Modified procedure, as provided in Section 18.710.080, which is decided by the City Council with a recommendation by Planning Commission. B. Approval criteria. A recommendation or decision for a quasi-judicial zoning map amendment or quasi-judicial comprehensive plan amendment will be based on the following: 1. Demonstration of compliance with all applicable comprehensive plan policies and map designations; and 2. Demonstration that adequate public services exist to serve the property at the intensity of proposed zoning. Factors to consider include the projected service demands of the property, the ability of the existing and proposed public services to accommodate the future use, and the Text and Map Amendments 18.790-1 Code Update:4/20 characteristics of the property and development proposal, if any. (Ord. 20-01 §1; Ord. 19-09 §1; Ord. 18-28 §1; Ord. 18-23 §2; Ord. 17-22 §2) ■ Text and Map Amendments 18.790-2 Code Update:4/20 Chapter 18.810 LOT LINE ADJUSTMENTS AND LOT CONSOLIDATIONS Sections: 18.810.010 Purpose 18.810.020 Approval Process 18.810.030 Approval Criteria 18.810.040 Recording Lot Line Adjustments or Lot Consolidations 18.810.010 Purpose The purpose of this chapter is to provide rules, regulations, and criteria governing approval of lot line adjustments and lot consolidations. (Ord. 17-22 §2) 18.810.020 Approval Process A. Approval process. A lot line adjustment and consolidation application is processed through a Type I procedure, as provided in Section 18.710.050. B. Approval period. Expirations and extensions of approvals are provided in Subsection 18.20.040.G. (Ord. 20-01 §1; Ord. 19-09 §1; Ord. 18-28 §1; Ord. 18-23 §2; Ord. 17-22 §2) 18.810.030 Approval Criteria A. Approval criteria. The approval authority will approve or approve with conditions an application for a lot line adjustment or lot consolidation when all of the following are met: 1. An additional lot is not created by the lot line adjustment or lot consolidation, and the existing lot or lots are not reduced below the minimum lot size. 2. The reconfigured lots and existing structures comply with all applicable development standards. 3. The reconfigured lots comply with the following: a. Each lot intended for residential development must meet the density standard for the housing type proposed. b. The minimum lot width is met. The minimum lot width for residential and nonresidential development is provided in the applicable development standards chapter in 18.200 Residential Development Standards or 18.300 Nonresidential Development Standards. In the case of a flag lot, the minimum lot width and depth is 40 feet and is measured as provided in Section 18.40.080. c. The minimum lot size is met. The minimum lot size for residential and nonresidential development is provided in the applicable development standards chapter in 18.200 Residential Development Standards or 18.300 Nonresidential Development Standards. In the case of a flag lot, the access is not included in the lot area calculation as described in Section 18.40.080. Lot Line Adjustments and Lot Consolidations 18.810-1 Code Update:4/20 d. Each lot intended for quad, rowhouse, or single detached house development is rectilinear in shape with straight side lot lines at right angles to front lot lines, and straight rear lot lines parallel to front lot lines, except where not practicable due to location along a street radius or because of existing natural features or lot lines. Side and rear lot lines that are segmented may not contain cumulative lateral changes in direction that exceed 10 percent of the distance between opposing lot corners,as measured using the process of Subsection 18.40.060.C. e. Each lot has a minimum of 40 feet of frontage on a public or private right-of-way, except for the following types of lots: i. Flag lots and rowhouse lots have a minimum of 15 feet of frontage on a public or private right-of-way; ii. Lots with curved frontages along cul de sacs or eyebrows have a minimum of 20 feet of frontage on a public or private right-of-way as measured along the arc of the front lot line; and iii. Lots at the terminus of a private street have a minimum of 20 feet of frontage on a private right-of-way. f. All setback requirements are met. The setback requirements for residential and nonresidential development are provided in the applicable development standards chapter in 18.200 Residential Development Standards or 18.300 Nonresidential Development Standards. g. Lots using the density and dimensional standards for cottage cluster, courtyard unit, quad, and rowhouse development must record a deed restriction that prohibits any type of development other than the type proposed with the lot line adjustment or consolidation application. This deed restriction cannot be removed except through another land division or lot line adjustment process. 4. With regard to flag lots: a. The applicant may determine the location of the front lot line,provided that no side setback is less than 10 feet. Structures must generally be located so as to maximize separation from existing structures. b. A sight-obscuring fence must be provided along the property line of a lot where the paved access is located within 10 feet of an abutting lot. 5. Where a common drive is to be provided to serve more than one lot, a reciprocal easement that will ensure access and maintenance rights must be recorded with the approved lot line adjustment or lot consolidation. 6. Any access must comply with Chapter 18.920,Access,Egress, and Circulation. B. Exemptions from dedications. A lot line adjustment or lot consolidation is not considered a development action for purposes of determining whether special flood hazard area, greenway, or right-of-way dedication is required. (Ord. 20-01 §1; Ord. 19-09 §1; Ord. 18-28 §1; Ord. 18-23 §2; Ord. 17-22 §2) Lot Line Adjustments and Lot Consolidations 18.810-2 Code Update:4/20 18.810.040 Recording Lot Line Adjustments and Lot Consolidations A. Recording requirements. Upon approval of the proposed lot line adjustment or lot consolidation, the applicant must record the lot line adjustment or lot consolidation with Washington County and submit a copy of the recorded survey map to the city,to be incorporated into the record. B. Time limit. The applicant must submit the copy of the recorded lot line adjustment or lot consolidation survey map to the city prior to the issuance of any development permits on the re- configured lots. (Ord. 18-23 §2; Ord. 17-22 §2) ■ Lot Line Adjustments and Lot Consolidations 18.810-3 Code Update:4/20 Chapter 18.820 LAND PARTITIONS Sections: 18.820.010 Purpose 18.820.020 General Provisions 18.820.030 Approval Process 18.820.040 Approval Criteria 18.820.050 Final Plat Submittal Requirements 18.820.060 City Acceptance of Dedicated Land 18.820.070 Recording Partition Plats 18.820.010 Purpose The purpose of this chapter is to provide rules, regulations, and standards governing approval of land partitions. (Ord. 17-22 §2) 18.820.020 General Provisions A. Conformance with state statute. Any application for a land partition must be in compliance with all state regulations as provided in ORS Chapter 92, Subdivision and Partitions. B. Prohibition on sale of lots. Sale of lots created through the land partitioning process is prohibited until the final partition plat is recorded. (Ord. 18-23 §2; Ord. 17-22 §2) 18.820.030 Approval Process A. Approval process. A land partition application is processed through a Type II procedure, as provided in Section 18.710.060. B. Approval period. Expirations and extensions of approvals are provided in Subsection 18.20.040.G. (Ord. 20-01 §1; Ord. 19-09 §1; Ord. 18-28 §1; Ord. 18-23 §2; Ord. 17-22 §2) 18.820.040 Approval Criteria The approval authority will approve or approve with conditions an application for a land partition when all of the following are met: A. The proposed partition complies with all statutory and ordinance requirements and regulations; B. There are adequate public facilities available to serve the proposal; C. The proposed improvements meet city and applicable agency standards; D. The proposed lots comply with the following: 1. Each lot created for residential development must meet the density standard for the housing type proposed. Land Partitions 18.820-1 Code Update:4/20 2. The minimum lot width is met. The minimum lot width for residential and nonresidential development is provided in the applicable development standards in Chapter 18.200, Residential Development Standards or Chapter 18.300,Nonresidential Development Standards. In the case of a flag lot, the minimum lot width and depth is 40 feet and is measured as provided in Section 18.40.080. 3. The minimum lot size is met. The minimum lot size for residential and nonresidential development is provided in the applicable development standards chapter in 18.200 Residential Development Standards or 18.300 Nonresidential Development Standards. In the case of a flag lot,the flag pole is not included in the lot area calculation as described in Section 18.40.080. 4. Each lot for quad, rowhouse, or single detached house development is rectilinear in shape with straight side lot lines at right angles to front lot lines, and straight rear lot lines parallel to front lot lines, except where not practicable due to location along a street radius or because of existing natural features or lot lines. Side and rear lot lines that are segmented may not contain cumulative lateral changes in direction that exceed 10 percent of the distance between opposing lot corners, as measured using the process of Subsection 18.40.060.C. 5. Each lot has a minimum of 40 feet of frontage on a public or private right-of-way, except for the following types of lots: a. Flag lots and rowhouse lots have a minimum of 15 feet of frontage on a public or private right-of-way; b. Lots with curved frontages along cul-de-sacs or eyebrows have a minimum of 20 feet of frontage on a public or private right-of-way as measured along the arc of the front lot line; and c. Lots at the terminus of a private street have a minimum of 20 feet of frontage on a private right-of-way. 6. All setback requirements are met. The setback requirements for residential and nonresidential development are provided in the applicable development standards chapter in 18.200 Residential Development Standards or 18.300 Nonresidential Development Standards. 7. Lots created using the density and dimensional standards for cottage cluster, courtyard unit, quad, and rowhouse development must record a deed restriction that prohibits any type of development other than the type proposed with the partition application. This deed restriction cannot be removed except through another land division process. E. With regard to flag lots: 1. The applicant may determine the location of the front lot line,provided that no side setback is less than 10 feet. 2. A sight-obscuring fence must be provided along the property line of a lot where the paved access is located within 10 feet of an abutting lot. F. Where a common drive is to be provided to serve more than one lot, a reciprocal easement that will ensure access and maintenance rights must be recorded with the approved partition plat; Land Partitions 18.820-2 Code Update:4/20 G. Any access must comply with Chapter 18.920,Access,Egress, and Circulation; and H. Where landfill or development is allowed within or adjacent to the special flood hazard area, the city will require the dedication of sufficient open land area for greenway adjacent to and within the special flood hazard area. This area will include portions at a suitable elevation for the construction of a path, sidewalk, or trail with the special flood hazard area in compliance with the adopted trails plan or transportation plan. (Ord. 20-01 §1; Ord. 19-09 §1; Ord. 18-28 §1; Ord. 18-23 §2; Ord. 17-22 §2) 18.820.050 Final Plat Submittal Requirements A. Submittal. All final plats applications for land partitions must provide three copies of the final plat prepared by a land surveyor or engineer licensed to practice in Oregon, and any necessary data or narrative. The final plat must incorporate any conditions of approval imposed as part of the preliminary plat approval. B. Standards. The final plat and data or narrative must be drawn to the standards provided in the Oregon Revised Statutes (ORS 92.05)and by Washington County. (Ord. 18-23 §2; Ord. 17-22 §2) 18.820.060 City Acceptance of Dedicated Land A. Acceptance of dedications. The City Engineer will accept the proposed right-of-way dedication prior to recording a land partition. B. Acceptance of public easements. The City Engineer will accept all public easements shown for dedication on partition plats. (Ord. 18-23 §2; Ord. 17-22 §2) 18.820.070 Recording Partition Plats A. Recording requirements. Upon approval of the proposed partition, the applicant must record the final partition plat with Washington County and submit a copy of the recorded survey map to the city,to be incorporated into the record. This plat must be recorded with any deed restrictions required as a condition of approval. B. Time limit. The applicant must submit the copy of the recorded partition survey map to the city prior to the issuance of any development permits on the newly created lots. (Ord. 18-23 §2; Ord. 17-22 §2) ■ Land Partitions 18.820-3 Code Update:4/20 Chapter 18.830 SUBDIVISIONS Sections: 18.830.010 Purpose 18.830.020 General Provisions 18.830.030 Approval Process 18.830.040 Approval Criteria—Preliminary Plat 18.830.050 Zero Lot Line Development 18.830.060 Approval Criteria—Final Plat 18.830.070 Bond 18.830.080 Filing and Recording 18.830.090 Plat Vacations 18.830.010 Purpose The purpose of this chapter is: A. To provide rules,regulations, and standards governing the approval of subdivisions; B. To carry out the development pattern and plan of the city; C. To promote the public health, safety,and general welfare; D. To lessen congestion in the streets, and secure safety from fire, flood,pollution, and other dangers; E. To provide adequate light and air,prevent overcrowding of land, and facilitate adequate provision for transportation,water supply, sewage, and drainage; and F. To encourage the conservation of energy resources. (Ord. 17-22 §2) 18.830.020 General Provisions A. Approval through two-step process. A subdivision application is processed through a two-step process: the preliminary plat and the final plat. 1. The preliminary plat must be approved before the final plat can be submitted for approval; and 2. The final plat must reflect all conditions of approval of the preliminary plat. B. Conformance with state statute. All subdivision proposals must comply with all state regulations as provided in ORS Chapter 92, Subdivisions and Partitions. C. Lot averaging. Lot area or width may be reduced to allow lots less than the minimum applicable standard provided the average lot area or width for all lots in the subdivision is not less than that required. All lots created under this provision must be at least 80 percent of the minimum required lot area or width. D. Temporary sales office. Temporary sales offices in conjunction with any subdivision may be granted as provided in Chapter 18.440, Temporary Uses. Subdivisions 18.830-1 Code Update:4/20 E. Minimize flood damage. All subdivision proposals must be consistent with the need to minimize flood damage. F. Special flood hazard area dedications. Where land filling or development is allowed within and adjacent to the special flood hazard area outside the zero-foot rise floodway, the city will require the dedication of sufficient open land area for a greenway adjacent to and within the special flood hazard area. This area will include portions at a suitable elevation for the construction of a path, sidewalk, or trail within the special flood hazard area as provided in the adopted trails plan or transportation plan. G. Need for adequate utilities. All subdivision proposals must have public utilities and facilities such as sewer, gas, electrical, and water systems located and constructed to minimize flood damage. H. Need for adequate drainage. All subdivision proposals must have adequate drainage provided to reduce exposure to flood damage. I. Determination of base flood elevation. Where base flood elevation has not been provided or is not available from another authoritative source, it must be generated for subdivision proposals and other proposed developments that contain at least 50 lots or 5 acres(whichever is less). J. Adjustments. Adjustments to the subdivision regulations must be made in compliance with Chapter 18.715, Adjustments. The applications for subdivision and adjustment must be processed concurrently. K. Prohibition on sale of lots. Sale of lots created through the subdivision process is prohibited until the final subdivision plat is recorded. (Ord. 20-01 §1; Ord. 18-28 §1; Ord. 18-23 §2; Ord. 17-22 §2) 18.830.030 Approval Process A. Approval process. A preliminary plat application is processed through a Type II procedure, as provided in Section 18.710.060. An application for subdivision may also be reviewed concurrently with an application for a planned development, as provided in Chapter 18.770, Planned Developments. B. Approval period. Expirations and extensions of approvals are provided in Subsection 18.20.040.G. (Ord. 20-01 §1; Ord. 19-09 §1; Ord. 18-28 §1; Ord. 18-23 §2; Ord. 17-22 §2) 18.830.040 Approval Criteria—Preliminary Plat A. Approval criteria. The approval authority will approve or approve with conditions an application for a preliminary plat when all of the following are met: 1. The proposed preliminary plat complies with the applicable zoning ordinance and other applicable regulations; 2. The proposed lots must comply with the following: a. All development standards are met. The development standards, including density standards for residential and nonresidential development, are provided in the applicable development standards chapter in 18.200 Residential Development Standards or 18.300 Nonresidential Development Standards. Subdivisions 18.830-2 Code Update:4/20 b. Each lot for quad, rowhouse, or single detached house development is rectilinear in shape with straight side lot lines at right angles to front lot lines, and straight rear lot lines parallel to front lot lines, except where not practicable due to location along a street radius or because of existing natural features or lot lines. Side and rear lot lines that are segmented may not contain cumulative lateral changes in direction that exceed 10 percent of the distance between opposing lot corners, as measured using the process of Subsection 18.40.060.C. c. Each lot has a minimum of 40 feet of frontage on a public or private right-of-way, except for the following types of lots: i. Rowhouse lots have a minimum of 15 feet of frontage on a public or private right-of- way; ii. Lots with curved frontages along cul-de-sacs or eyebrows have a minimum of 20 feet of frontage on a public or private right-of-way as measured along the arc of the front lot line; and iii. Lots at the terminus of a private street have a minimum of 20 feet of frontage on a private right-of-way. d. Lots created using the density and dimensional standards for cottage cluster, courtyard unit, quad, and rowhouse development must record a deed restriction that prohibits any type of development other than the type proposed with the subdivision application. This deed restriction cannot be removed except through another land division process. 3. The proposed plat name is not duplicative and satisfies the provisions of ORS Chapter 92; 4. The streets and roads are laid out so as to conform to the plats of subdivisions and partitions already approved for adjacent property as to width, general direction and in all other respects unless the city determines it is in the public interest to modify the street or road pattern; and 5. An explanation has been provided for all common improvements. B. Conditions of approval. The approval authority may attach conditions that are necessary to carry out the comprehensive plan and other applicable ordinances and regulations and may require reserve strips be granted to the city for the purpose of controlling access to adjacent undeveloped properties. (Ord. 20-01 §1; Ord. 19-09 §1; Ord. 18-28 §1; Ord. 18-23 §2; Ord. 17-22 §2) 18.830.050 Zero Lot Line Development A. Applicability. Zero lot line development regulations only apply to single detached houses in the R-4.5 and R-7 zones. B. Approval criteria. The approval authority will approve or approve with conditions an application for a zero lot line development when all of the following are met: 1. There must be a 10-foot separation between each dwelling unit or garage; 2. Dwelling units may not be placed on a lot line adjacent to a property that is not a part of the overall development; Subdivisions 18.830-3 Code Update:4/20 3. The maximum lot coverage for zero lot line development may not exceed the maximum lot coverage standard; and 4. A 5-foot non-exclusive maintenance easement must be shown on the site plan for each lot having a zero setback area: a. The easement must be on the adjacent lot and must describe the maintenance requirements for the zero lot line wall, or deed restrictions must be submitted with the preliminary plat that addresses the maintenance requirements for the zero setback wall of the detached dwellings; and b. The easement must be recorded with Washington County and submitted to the city with the recorded final plat prior to the issuance of any development permits within the development. 5. Deed restrictions must be recorded with Washington County that ensure that: a. The 10-foot separation between the residential structures will remain in perpetuity; and b. The 10-foot separation between the residential structures will be maintained free from any obstructions other than: i. The eaves of the structure, ii. A chimney that may encroach into the setback area by not more than 2 feet, iii. A swimming pool, iv. Normal landscaping, or v. A garden wall or fence equipped with a gate for emergency access and maintenance purposes. 6. Easements must be granted where any portion of the structure or architectural feature projects over a property line. (Ord. 20-01 §1; Ord. 18-28 §1; Ord. 18-23 §2; Ord. 17-22 §2) 18.830.060 Approval Criteria—Final Plat A final plat will be approved when all of the following are met: A. The final plat complies with the preliminary plat approved by the approval authority and all conditions of approval have been met; B. The streets and roads for public use are dedicated without reservation or restriction other than revisionary rights upon vacation of any such street or road and easements for public utilities; C. The streets and roads held for private use and indicated on the preliminary plat of such subdivision have been approved by the city; D. The plat contains a donation to the public of all common improvements, including but not limited to streets,roads,parks, sewage disposal, and water supply systems; Subdivisions 18.830-4 Code Update:4/20 E. An explanation is included that explains all of the common improvements required as conditions of approval and are in recordable form and have been recorded and referenced on the plat; F. The plat complies with the applicable zoning ordinance and other applicable regulations; G. A certification by the appropriate water provider that water will be available to the lot line of each lot depicted on the plat or bond, contract, or other assurance has been provided by the applicant to the city that a domestic water system will be installed by or on behalf of the applicant to the lot line of each lot depicted on the plat. The amount of the bond, contract, or other assurance by the applicant must be determined by a registered professional engineer, subject to any change in amount as determined necessary by the city; H. A certificate has been provided by the city's engineering department that a sewage disposal system will be available to the lot line of each lot depicted in the proposed plat; I. Copies of signed deeds have been submitted granting the city a reserve strip as provided by Subsection 18.830.040.B; J. The plat contains a surveyor's affidavit by the surveyor who surveyed the land represented on the plat to the effect the land was correctly surveyed and marked with proper monuments as provided by ORS Chapter 92[060] and indicating the initial point of the survey, and giving the dimensions and kind of such monument, and its reference to some corner established by the U.S. survey or giving two or more objects for identifying its location; K. The plat includes any deed restrictions imposed as a condition of approval; L. The plat includes all tracts and easements proposed by the applicant in the preliminary plat or imposed as a condition of approval; and M. All improvements have been installed in accordance with these regulations and with preliminary plat approval. (Ord. 18-28 §1; Ord. 18-23 §2; Ord. 17-22 §2) 18.830.070 Bond A. Performance guarantee required. The applicant must file with the agreement an assurance of performance supported by one of the following: 1. An irrevocable letter of credit executed by a financial institution authorized to transact business in the State of Oregon; 2. A surety bond executed by a surety company authorized to transact business in the State of Oregon that remains in force until the surety company is notified by the city in writing that it may be terminated; or 3. Cash. B. Determination of sum. The assurance of performance will be for a sum determined by the City Engineer as required to cover the cost of the improvements and repairs, including related engineering and incidental expenses. Subdivisions 18.830-5 Code Update:4/20 C. Itemized improvement estimate. The applicant must furnish to the City Engineer an itemized improvement estimate, certified by a registered civil engineer, to assist the City Engineer in calculating the amount of the performance assurance. D. When applicant fails to perform. In the event the applicant fails to carry out all provisions of the agreement and the city has un-reimbursed costs or expenses resulting from such failure, the city may call on the bond,cash deposit, or letter of credit for reimbursement. E. Termination of performance guarantee. The applicant may not cause termination of nor allow expiration of said guarantee without having first secured written authorization from the city. (Ord. 18- 28 §1; Ord. 18-23 §2; Ord. 17-22 §2) 18.830.080 Filing and Recording A. Filing. Within 60 days of the city review and approval, the applicant must submit the final plat to the county for signatures of county officials as required by ORS Chapter 92 and Section 18.830.060. This plat must be recorded with any deed restrictions required as a condition of approval. B. Proof of recording. Upon final recording with the county, the applicant must submit to the city a mylar copy of the recorded final plat and a copy of recorded deed restrictions. This must occur prior to the issuance of development permits for the newly created lots. C. Prerequisites to recording the plat. 1. No plat will be recorded unless all ad valorem taxes and all special assessments, fees, or other charges required by law to be placed on the tax roll have been paid in the manner provided by ORS Chapter 92; 2. No plat will be recorded until it is approved by the county surveyor in the manner provided by ORS Chapter 92. (Ord. 18-23 §2; Ord. 17-22 §2) 18.830.090 Plat Vacations A. Timing of vacations. Any plat or portion thereof may be vacated by the owner of the platted area at any time prior to the sale of any lot within the platted subdivision. B. Compliance with other provisions of this chapter. All applications for a plat vacation must be made in compliance with Sections 18.830.020 and 18.830.030 and Subsection 18.830.070.A. C. Basis for denial. The application may be denied if it abridges or destroys any public right in any of its public uses,improvements, streets, or alleys. D. Timing of vacations. All approved plat vacations must be recorded in compliance with this section: 1. Once recorded, the vacation will operate to eliminate the force and effect of the plat prior to vacation; and 2. The vacation will also divest all public rights in the streets, alleys, and public grounds, and all dedications laid out or described on the plat. Subdivisions 18.830-6 Code Update:4/20 E. After sale of lots. When lots have been sold, the plat may be vacated in the manner herein provided by all of the owners of lots within the platted area. (Ord. 18-23 §2; Ord. 17-22 §2) ■ Subdivisions 18.830-7 Code Update:4/20 Chapter 18.910 IMPROVEMENT STANDARDS Sections: 18.910.010 Purpose 18.910.020 General Provisions 18.910.030 Streets 18.910.040 Blocks 18.910.050 Easements 18.910.060 Reserved 18.910.070 Sidewalks 18.910.080 Public Use Areas 18.910.090 Sanitary Sewers 18.910.100 Storm Drainage 18.910.110 Bikeways and Pedestrian Pathways 18.910.120 Utilities 18.910.130 Cash or Bond Required 18.910.140 Monuments—Replacement Required 18.910.150 Installation Prerequisite 18.910.160 Reserved 18.910.170 Plan Check 18.910.180 Notice to City 18.910.190 City Inspection of Improvements 18.910.200 Engineer's Written Certification Required 18.910.010 Purpose The purpose of this chapter is to provide construction standards for the implementation of public and private facilities and utilities such as streets, sewers,and drainage. (Ord. 17-22 §2) 18.910.020 General Provisions A. Applicability. Unless otherwise provided, construction, reconstruction or repair of streets, sidewalks, curbs, and other public improvements shall occur in compliance with the standards of this title. No development may occur and no land use application may be approved unless the public facilities related to development comply with the public facility requirements established in this chapter and adequate public facilities are available. Applicants may be required to dedicate land and build required public improvements only when the required exaction is directly related to and roughly proportional to the impact of the development. B. Standard specifications. The City Engineer shall establish standard specifications consistent with the application of engineering principles. C. Title 6. The provisions of Title 6, Nuisance Violations of the Tigard Municipal Code shall apply to this chapter. D. Adjustments. Adjustments to the provisions in this chapter related to street improvements shall be processed through a Type II procedure, as provided in Section 18.710.060, using approval criteria in Section 18.715.050. Improvement Standards 18.910-1 Code Update:4/20 E. Except as provided in 18.910.030.T, as used in this chapter, the term "streets" shall mean "public streets"unless an adjustment under Subsection 18.910.020.D is allowed. (Ord. 17-22 §2) 18.910.030 Streets A. Improvements. 1. No development shall occur unless the development has frontage or approved access to a public street. 2. No development shall occur unless streets within the development meet the standards of this chapter. 3. No development shall occur unless the streets adjacent to the development meet the standards of this chapter, provided, however, that a development may be approved if the adjacent street does not meet the standards but half-street improvements meeting the standards of this chapter are constructed adjacent to the development. 4. Any new street or additional street width planned as a portion of an existing street shall meet the standards of this chapter. 5. If the city could and would otherwise require the applicant to provide street improvements, the City Engineer may accept a future improvements guarantee in lieu of street improvements if one or more of the following conditions exist: a. A partial improvement is not feasible due to the inability to achieve proper design standards; b. A partial improvement may create a potential safety hazard to motorists or pedestrians; c. Due to the nature of existing development on adjacent properties it is unlikely that street improvements would be extended in the foreseeable future and the improvement associated with the project under review does not, by itself, provide a significant improvement to street safety or capacity; d. The improvement would be in conflict with an adopted capital improvement plan; e. The improvement is associated with an approved land partition on property zoned residential and the proposed land partition does not create any new streets; or f. Additional planning work is required to define the appropriate design standards for the street and the application is for a project which would contribute only a minor portion of the anticipated future traffic on the street. 6. The standards of this chapter include the standard specifications adopted by the City Engineer in compliance with Subsection 18.910.020.B. 7. The approval authority may approve adjustments to the standards of this chapter if compliance with the standards would result in an adverse impact on natural features such as wetlands, bodies of water, significant habitat areas, steep slopes, or existing mature trees. The approval authority may also approve adjustments to the standards of this chapter if compliance with the standards would have a substantial adverse impact on existing development or would preclude development Improvement Standards 18.910-2 Code Update:4/20 on the property where the development is proposed. In approving an adjustment to the standards, the approval authority shall balance the benefit of the adjustment with the impact on the public interest represented by the standards. In evaluating the impact on the public interest, the approval authority shall consider the criteria listed in Subsection 18.910.030.E. An adjustment to the standards may not be granted if the adjustment would risk public safety. B. Creation of rights-of-way for streets and related purposes. Rights-of-way shall be created through the approval of a final plat; however, the council may approve the creation of a street by acceptance of a deed, provided that such street is deemed essential by the council for the purpose of general traffic circulation. 1. The council may approve the creation of a street by deed of dedication without full compliance with the regulations applicable to subdivisions or partitions if any one or more of the following conditions are found by the council to be present: a. Establishment of a street is initiated by the council and is found to be essential for the purpose of general traffic circulation, and partitioning or subdivision of land has an incidental effect rather than being the primary objective in establishing the road or street for public use; or b. The tract in which the road or street is to be dedicated is an isolated ownership of 1 acre or less and such dedication is recommended by the commission to the council based on a finding that the proposal is not an attempt to evade the provisions of this title governing the control of subdivisions or partitions. c. The street is located within the mixed use central business district (MU-CBD) zone and has been identified on Figures 5-14A through 5-141 of the City of Tigard 2035 Transportation System Plan as a required connectivity improvement. 2. With each application for approval of a road or street right-of-way not in full compliance with the regulations applicable to the standards, the proposed dedication shall be made a condition of subdivision and partition approval. a. The applicant shall submit such additional information and justification as may be necessary to enable the commission in its review to determine whether or not a recommendation for approval by the council shall be made. b. The recommendation, if any, shall be based upon a finding that the proposal is not in conflict with the purpose of this title. c. The commission in submitting the proposal with a recommendation to the council may attach conditions which are necessary to preserve the standards of this title. 3. All deeds of dedication shall be in a form prescribed by the city and shall name "the public" as grantee. C. Creation of access easements. The approval authority may approve an access easement established by deed without full compliance with this chapter provided such an easement is the only reasonable method by which a lot large enough to develop can be created. 1. Access easements shall be provided and maintained in compliance with the Oregon Fire Code, Section 503. Improvement Standards 18.910-3 Code Update:4/20 2. Access shall be in compliance with Subsections 18.920.030.H,I, and J. D. Street location, width and grade. Except as noted below, the location, width and grade of all streets shall conform to an approved street plan and shall be considered in their relation to existing and planned streets, to topographic conditions, to public convenience and safety, and in their appropriate relation to the proposed use of the land to be served by such streets: 1. Street grades shall be approved by the City Engineer in compliance with Subsection 18.910.030.N; and 2. Where the location of a street is not shown in an approved street plan, the arrangement of streets in a development shall either: a. Provide for the continuation or appropriate projection of existing streets in the surrounding areas, or b. Conform to a plan adopted by the commission, if it is impractical to conform to existing street patterns because of particular topographical or other existing conditions of the land. Such a plan shall be based on the type of land use to be served, the volume of traffic, the capacity of adjoining streets and the need for public convenience and safety. E. Minimum rights-of-way and street widths. Unless otherwise indicated on an approved street plan, or as needed to continue an existing improved street or within the Tigard Downtown Plan District, street right-of-way and roadway widths shall not be less than the minimum width described below. Where a range is indicated, the width shall be determined by the decision-making authority based upon anticipated average daily traffic (ADT) on the new street segment. (The city council may adopt by resolution, design standards for street construction and other public improvements. The design standards will provide guidance for determining improvement requirements within the specified ranges.)These are provided in Table 18.910.1. The approval authority shall make its decision about desired right-of-way width and pavement width of the various street types within the subdivision or development after consideration of the following: 1. The type of road as provided in the comprehensive plan transportation chapter - functional street classification. 2. Anticipated traffic generation. 3. On-street parking needs. 4. Sidewalk and bikeway requirements. 5. Requirements for placement of utilities. 6. Street lighting. 7. Drainage and slope impacts. 8. Street tree location. 9. Planting and landscape areas. Improvement Standards 18.910-4 Code Update:4/20 10. Safety and comfort for motorists,bicyclists, and pedestrians. 11. Access needs for emergency vehicles. Improvement Standards 18.910-5 Code Update:4/20 Table 18.910.1 CMinimum Widths for Street Characteristics and Downtown Street Character Types m Landscape Strip ro Right-of-Way Number of Min.Lane On-Street Width(exclusive Median h. Type of Street Width Paved Width Lanes Width Parking Width Bike Lane Width Sidewalk Width of curb) Width pArterial 64'-128' Varies 2-7 12' Not allowed 6'(New Streets) 8'(Res.&Ind.Zones) 5' 12'[1] Z (Refer to TSP) 5'-6'(Existing 10'(Comm.Zones) 4 Z Streets) Collector 58' 96' Varies 2-5 11' 8'[2] 6'(New Streets)[3] 6'(Res.&Ind.Zones) 5' 12'[1] (Refer to TSP) 5'-6'(Existing 8'(Comm.Zones) Streets)[3] Neighborhood Route 50'-58' 28'-36' 2 10' 8' 5'-6' 5'-6'[4] 5' N/A Local:[5]Industrial/Commercial 50' 36' 2 N/A N/A N/A 5'-6'[4] 5' N/A Local:Residential[5] Under 1500 ADT 54'/50'[3] 32'/28'[6] 2 7'(both sides) N/A Under 500 ADT 50'/46'[3] 28'/24'[6] 2 N/A 7'(1 side) N/A 5'-6[4] 5' N/A Under 200 ADT 46'/42'[3] 24'/20'[6] 2 Not allowed N/A Cul-De-Sac Bulbs in Industrial and 50'radius 42'radius N/A N/A Not allowed N/A 5'-6'[4] N/A N/A Commercial Zones Cul-De-Sac Bulbs in Residential 47'radius 40'radius N/A N/A Not allowed N/A 5'-6'[4] N/A N/A Pe Zones C Upper Hall Boulevard[7] 94' 64' 3 11' 8' 6' 10.5' 4' 14' a Downtown Mixed Use 1— 66'-70' 46' 2 10' 8' 5' 6-8' 4' N/A Downtown Collector Downtown Mixed Use 2— 58'-62' 38' 2 11' 8' N/A 6-8' 4' N/A Downtown Neighborhood Downtown Mixed Use 3—Upper 62'-74' 38' 2 11' 8' N/A 6-8' 5.5-9.5' N/A Burnham Downtown Mixed Use 4—Lower 68'-72' 48' 2 10' 8' N/A 6-8' 4' 12' Burnham Downtown—Urban Residential 52'-56' 32' 1 18' 7' N/A 6-8' 4' N/A Alley:Residential 16' 16' N/A N/A Not allowed N/A N/A N/A N/A Alley:Business 20' 20' N/A N/A Not allowed N/A N/A N/A N/A [1] Medians required for 5-and 7-lane roadways.They are optional for 3-lane roadways. C [2] Parking is allowed on collectors within the downtown urban renewal district. [3] Bicycle lane requirements on collectors within the downtown urban renewal district shall be determined by the City Engineer. [4] Sidewalk widths for these streets shall be 5 feet with landscape strip;6 feet if against curb(if permitted in compliance with Subsection 18.910.070.C). [5] Unstriped street. [6] "Skinny street"roadway widths are permitted where cross section and review criteria are met.Refer to corresponding cross sections(Figures 18.910.3, 18.910.4 and 18.910.5)for details and A conditions. ti [7] SW Hall Boulevard is currently an ODOT facility.The 2035 Tigard Transportation System Plan recommends that a corridor plan be completed for the SW Hall Boulevard Corridor.The o street character standards for Upper Hall Boulevard shall not be considered final until the corridor plan is complete. Figure 18.910.1 Arterial Sample Cross Sections ill A \ j'Il r. •718-10'5.5' 16'Bike i 12' 1 12' i6'Bikei 5.5' i8-10'i•5' I— R/W 64'-68' 2 Lane 64=6868'R/W 12'Median/ •518-10'i 5.5'i6'Bike 1 12' Turn Lane 12' 16'&kei 5,5' 18 10'I'5 1 R/W 76'-80' i 3 Lane 76'-80'R/W 41 12'Median/ 1.5'8-10' 6' 16'Bike 12' 12' Turn Lane 12' 12' 16'BIke 1 5.5' 18-10' f5l R/W 100'-104' 5 Lane 100r-104'R/W J 12'Median/ 151 8-10 1 5.5' 16'Bike1 12' 1 12' 1 12' Turn Lane 1 12' 1 12' 1 12' IBike6'1 5,5' 18-10' 1.5 RNV 124'-128' I 7 Lane 124'128'RM/ Improvement Standards 18.910-7 Code Update:4/20 Figure 18.910.2 Collector Sam le Cross Sections [1] -. .716-8'15.5' 16'Bike1 11' I 11' 16'Bke15.5' 65' I R/W 58'-62' _1 2 Lane 58=62'R/W tl ii_.. 12'Median/ 516-8'15.5'16'Bike I 11' Turn Lane 1 1' 16'Rke 15.5' 16-8'1.5' R/W 70'-74' I 3 Lane 70'-74'R/W ra .e:: .ram p / �� jam,- Ili CZ in- III 12'Median/ �51 6-8' 5' 16'Bike 1 11' 1 11' 1 Turn Lane I 11' 1 11' 16'Bike 15.5' 1 6 8 H R/W 92'-96' 5 Lane 92.96'R/W [1] Parking is allowed on collectors within the downtown urban renewal district. Bike lane requirements on these same collectors shall be determined by the City Engineer. Figure 18.910.3 Neighborhood Routes Sample Cross Sections X NL- OA 41r r r ,— II •- •- - •- �. inm i5. 5' 1 5.5'I O 28' 1 5.5'I 5' 5' .5; 5' I 5'5'I 0 32' O { 5.5' I 5' 5. R/W 50' I I R/W 54' I No Parking on One Side With Parking on Both Sides I 36 I 5� 5' 1 5.5' 16'Bike1 12' I 12' 16'Bike1 5,5' 1 5' 'S� R/W 58' I With Bike Lanes/No Parking Figure 18.910.4 Improvement Standards 18.910-8 Code Update:4/20 Local Residential Street<1,500 vpd A. Standard(sample) B. Skinny Street Option(criteria) a ro R , 4,., rflaiii4 _ t5E 5' t 5.5'fur 32' O t 5,5' t 5' 5I. j i ar dM Tra• il Lan Parking 5.5' 1 .5• . 'Play (Q n) -?Warey�' 5 I R/W 54' I •w„h 5tAP ' Zp• • Strip Sidewalk armant On street Parking RbMaae • <1500 vpd * If parking on both sides. Criteria: block length not to exceed 600 feet • Traffic flow plan must be submitted and approved. • Not appropriate for streets serving more than 1,000 vpd. • No parking permitted within 30 feet of an intersection. • Appropriate adjacent to single detached house development only. Figure 18.910.5 Local Residential Street<500 vpd A. Standard(sample) B. Skinny Street Option(criteria) y ar � ` II j 151 5' 5.5'. O 28' S,5'i 5' �5 El .. ity,„ ,, V) RIW 50' „ r , t•-,r :: 5 5' ::arkYy L Time!Lane :: 5 5' _5 Residential Local Street/Cul-de-sac .5' ' PIaMAy�e—•'i,9,1p 24. ?WILi6; • ;ssnP:sa;One Side On-street Parking Ferment ! 46' <500 vpd Right Criteria: • Traffic flow plan must be submitted and approved. • Not appropriate for streets serving more than 500 vpd. • No parking permitted within 30 feet of an intersection. • Appropriate adjacent to single detached house development only. • Must provide a minimum of 1 off-street parking space for every 20 feet of restricted street frontage. Improvement Standards 18.910-9 Code Update:4/20 Figure 18.910.6 Local Residential Street<200 vpd A. Standard (sample) B. Skinny Street Option(criteria) P - r/ tzli 117''` - Y . Ac., r 5' S' S.5' 24' 5.5' 5' .5' 5.T r za n,.m.M . 5.5.s• I I I I I I I I 5.w v 5W g 5:1,1, I Rm46 i Cul-de-sac/Residential Local Street why -.a,• <200 vpd Criteria: (No parking) • Must provide a minimum of 1 off-street parking space for every 20 feet of restricted street frontage. • No parking permitted within 30 feet of an intersection. Figure 18.910.7 Upper Hall Boulevard 1110... , :7171.- ...,,.. Ift. _. .. : ., . .. .. ,,,,,„,w .„,...... . , \‘L imiimmeimim Note: SW Hall Boulevard is currently an ODOT facility. The 2035 Tigard Transportation System Plan recommends that a corridor plan be completed for the SW Hall Boulevard Corridor. The street character standards for Upper Hall Boulevard shall not be considered final until the corridor plan is complete. Improvement Standards 18.910-10 Code Update:4/20 Figure 18.910.8 Downtown Mixed Use 1 -Downtown Collector -410 • d11\ o-rz e s' in• 10' s' e 117-12' 66'-70'ROW Figure 18.910.9 Downtown Mixed Use 2 -Downtown Neighborhood 1100 . . r I1 11111 mixed use les1dH111a1 Figure 18.910.10 Downtown Mixed Use 3 -Upper Burnham .40 • ■ 1 , 8' 11' 11' 8' 12'-18' 62'-74'ROW Figure 18.910.11 Improvement Standards 18.910-11 Code Update:4/20 Downtown Mixed Use 4 -Lower Burnham v a� • �Ar& # I 010 a-12 8' la 12' 10' 8' 1a-12' 68'-72'Row Figure 18.910.12 Downtown—Urban Residential -_ . NtAl 1%4 tegi IiirMg residential 10-12 7' 1B' 7' 10-12' residential 52-56'ROW Figure 18.910.13 Alley: Business i LfF.ME.$E pa.EG'. 20'Row Note: Permeable pavers are optional. Improvement Standards 18.910-12 Code Update:4/20 F. Future street plan and extension of streets. 1. A future street plan shall: a. Be filed by the applicant in conjunction with an application for a subdivision or partition. The plan shall show the pattern of existing and proposed future streets from the boundaries of the proposed land division and shall include other lots within 530 feet surrounding and adjacent to the proposed land division. At the applicant's request, the city may prepare a future streets proposal. Costs of the city preparing a future streets proposal shall be reimbursed for the time involved. A street proposal may be modified when subsequent subdivision proposals are submitted. b. Identify existing or proposed bus routes, pullouts or other transit facilities, bicycle routes and pedestrian facilities on or within 530 feet of the site. 2. Where necessary to give access or permit a satisfactory future division of adjoining land, streets shall be extended to the boundary lines of the tract to be developed, and a. These extended streets or street stubs to adjoining properties are not considered to be cul-de- sac since they are intended to continue as through streets at such time as the adjoining property is developed. b. A barricade shall be constructed at the end of the street by the property owners which shall not be removed until authorized by the City Engineer, the cost of which shall be included in the street construction cost. c. Temporary hammerhead turnouts or temporary cul-de-sac bulbs shall be constructed for stub street in excess of 150 feet in length. G. Street spacing and access management. Refer to 18.920.030.H. H. Street alignment and connections. 1. Full street connections with spacing of no more than 530 feet between connections is required except where prevented by barriers such as topography, railroads, freeways, pre-existing developments, lease provisions, easements, covenants or other restrictions existing prior to May 1, 1995 which preclude street connections. A full street connection may also be exempted due to a regulated water feature if regulations would not permit construction. 2. All local, neighborhood routes and collector streets which abut a development site shall be extended within the site to provide through circulation when not precluded by environmental or topographical constraints, existing development patterns or strict adherence to other standards in this code. A street connection or extension is considered precluded when it is not possible to redesign or reconfigure the street pattern to provide required extensions. Land is considered topographically constrained if the slope is greater than 15 percent for a distance of 250 feet or more. In the case of environmental or topographical constraints,the mere presence of a constraint is not sufficient to show that a street connection is not possible. The applicant must show why the constraint precludes some reasonable street connection. 3. Proposed street or street extensions shall be located to provide direct access to existing or planned transit stops, commercial services, and other neighborhood facilities, such as schools, shopping areas and parks. Improvement Standards 18.910-13 Code Update:4/20 4. All developments should provide an internal network of connecting streets that provide short, direct travel routes and minimize travel distances within the development. I. Intersection angles. Streets shall be laid out so as to intersect at an angle as near to a right angle as practicable, except where topography requires a lesser angle, but in no case shall the angle be less than 75°unless there is special intersection design,and: 1. Streets shall have at least 25 feet of tangent adjacent to the right-of-way intersection unless topography requires a lesser distance; 2. Intersections which are not at right angles shall have a minimum corner radius of 20 feet along the right-of-way lines of the acute angle; and 3. Right-of-way lines at intersection with arterial streets shall have a corner radius of not less than 20 feet. J. Existing rights-of-way. Whenever existing rights-of-way adjacent to or within a tract are of less than standard width, additional rights-of-way shall be provided at the time of subdivision or development. K. Partial street improvements. Partial street improvements resulting in a pavement width of less than 20 feet, while generally not acceptable, may be approved where essential to reasonable development when in conformity with the other requirements of these regulations, and when it will be practical to require the improvement of the other half when the adjoining property developed. L. Cul-de-sacs. A cul-de-sac shall be no more than 200 feet long, shall not provide access to greater than 20 dwelling units, and shall only be used when environmental or topographical constraints, existing development pattern, or strict adherence to other standards in this code preclude street extension and through circulation: 1. All cul-de-sac shall terminate with a turnaround. Use of turnaround configurations other than circular shall be approved by the City Engineer; and 2. The length of the cul-de-sac shall be measured from the centerline intersection point of the 2 streets to the radius point of the bulb. 3. If a cul-de-sac is more than 300 feet long, a lighted direct pathway to an adjacent street may be required to be provided and dedicated to the city. M. Street names. No street name shall be used which will duplicate or be confused with the names of existing streets in Washington County, except for extensions of existing streets. Street names and numbers shall conform to the established pattern in the surrounding area and as approved by the City Engineer. N. Grades and curves. 1. Grades shall not exceed 10 percent on arterials, 12 percent on collector streets, or 12 percent on any other street (except that local or residential access streets may have segments with grades up to 15 percent for distances of no greater than 250 feet); and 2. Centerline radii of curves shall be as determined by the City Engineer. Improvement Standards 18.910-14 Code Update:4/20 O. Curbs, curb cuts, ramps, and driveway approaches. Concrete curbs, curb cuts, wheelchair, bicycle ramps and driveway approaches shall be constructed in compliance with standards specified in this chapter and Chapter 15.04,Work in the Right-of-Way, and: 1. Concrete curbs and driveway approaches are required; except: 2. Where no sidewalk is planned, an asphalt approach may be constructed with City Engineer approval; and 3. Asphalt and concrete driveway approaches to the property line shall be built to city configuration standards. P. Streets adjacent to railroad right-of-way. Wherever the proposed development contains or is adjacent to a railroad right-of-way, provision shall be made for a street approximately parallel to and on each side of such right-of-way at a distance suitable for the appropriate use of the land. The distance shall be determined with due consideration at cross streets or the minimum distance required for approach grades and to provide sufficient depth to allow screen planting along the railroad right-of-way in nonindustrial areas. Q. Access to arterials and collectors. Where a development abuts or is traversed by an existing or proposed arterial or collector street, the development design shall provide adequate protection for residential properties and shall separate residential access and through traffic, or if separation is not feasible,the design shall minimize the traffic conflicts. The design shall include any of the following: 1. A parallel access street along the arterial or collector; 2. Lots of suitable depth abutting the arterial or collector to provide adequate buffering with frontage along another street; 3. Screen planting at the rear or side property line to be contained in a nonaccess reservation along the arterial or collector; or 4. Other treatment suitable to meet the objectives of this subsection; 5. If a lot has access to 2 streets with different classifications, primary access should be from the lower classification street. R. Alleys,public or private. 1. Alleys shall be no less than 20 feet in width. In commercial and industrial zones, alleys shall be provided unless other permanent provisions for access to off-street parking and loading facilities are made. 2. While alley intersections and sharp changes in alignment shall be avoided, the corners of necessary alley intersections shall have a radius of not less than 12 feet. S. Survey monuments. Upon completion of a street improvement and prior to acceptance by the city, it shall be the responsibility of the developer's registered professional land surveyor to provide certification to the city that all boundary and interior monuments shall be reestablished and protected. T. Private streets. Improvement Standards 18.910-15 Code Update:4/20 1. Design standards for private streets shall be established by the City Engineer; and 2. The city shall require legal assurances for the continued maintenance of private streets, such as a recorded maintenance agreement. 3. Private streets serving more than 6 dwelling units are permitted only within planned developments,mobile home parks, cottage cluster, courtyard units, and apartment developments. U. Railroad crossings. Where an adjacent development results in a need to install or improve a railroad crossing, the cost for such improvements may be a condition of development approval, or another equitable means of cost distribution shall be determined by the public works director and approved by the commission. V. Street signs. The city shall install all street signs, relative to traffic control and street names, as specified by the City Engineer for any development. The cost of signs shall be the responsibility of the developer. W. Mailboxes. Joint mailbox facilities shall be provided in all residential developments, with each joint mailbox serving at least 2 dwelling units. 1. Joint mailbox structures shall be placed adjacent to roadway curbs; 2. Proposed locations of joint mailboxes shall be designated on the preliminary plat or development plan, and shall be approved by the City Engineer/U.S. Post Office prior to final plan approval; and 3. Plans for the joint mailbox structures to be used shall be submitted for approval by the City Engineer/U.S. Post Office prior to final approval. X. Traffic signals. The location of traffic signals shall be noted on approved street plans. Where a proposed street intersection will result in an immediate need for a traffic signal, a signal meeting approved specifications shall be installed. The cost shall be included as a condition of development. Y. Street light standards. Street lights shall be installed in compliance with regulations adopted by the city's direction. Z. Street name signs. Street name signs shall be installed at all street intersections. Stop signs and other signs may be required. AA. Street cross-sections. The final lift of asphalt concrete pavement shall be placed on all new constructed public roadways prior to final city acceptance of the roadway and within 1 year of the conditional acceptance of the roadway unless otherwise approved by the City Engineer. The final lift shall also be placed no later than when 90 percent of the structures in the new development are completed or 3 years from the commencement of initial construction of the development, whichever is less. 1. Sub-base and leveling course shall be of select crushed rock; 2. Surface material shall be of Class C or B asphaltic concrete; Improvement Standards 18.910-16 Code Update:4/20 3. The final lift shall be placed on all new construction roadways prior to city final acceptance of the roadway; however, not before 90 percent of the structures in the new development are completed unless 3 years have elapsed since initiation of construction in the development; 4. The final lift shall be Class C asphaltic concrete as defined by A.P.W.A. standard specifications; and 5. No lift shall be less than 1.5 inches in thickness. BB. Traffic calming. When, in the opinion of the City Engineer, the proposed development will create a negative traffic condition on existing neighborhood streets, such as excessive speeding, the developer may be required to provide traffic calming measures. These measures may be required within the development or offsite as deemed appropriate. As an alternative, the developer may be required to deposit funds with the city to help pay for traffic calming measures that become necessary once the development is occupied and the City Engineer determines that the additional traffic from the development has triggered the need for traffic calming measures. The City Engineer will determine the amount of funds required and will collect said funds from the developer prior to the issuance of a certificate of occupancy, or in the case of subdivision, prior to the approval of the final plat. The funds will be held by the city for a period of 5 years from the date of issuance of certificate of occupancy, or in the case of a subdivision, the date of final plat approval. Any funds not used by the city within the 5-year time period will be refunded to the developer. CC. Traffic study. 1. A traffic study shall be required for all new or expanded uses or developments under any of the following circumstances: a. When they generate a 10 percent or greater increase in existing traffic to high collision intersections identified by Washington County. b. Trip generations from development onto the city street at the point of access and the existing ADT fall within the following ranges: Existing ADT ADT to be added by development 0-3,000 vpd 2,000 vpd 3,001-6,000 vpd 1,000 vpd >6,000 vpd 500 vpd or more c. If any of the following issues become evident to the City Engineer: i. High traffic volumes on the adjacent roadway that may affect movement into or out of the site. ii. Lack of existing left-turn lanes onto the adjacent roadway at the proposed access drive. iii. Inadequate horizontal or vertical sight distance at access points. iv. The proximity of the proposed access to other existing drives or intersections is a potential hazard. v. The proposal requires a conditional use permit or involves a drive-through operation. Improvement Standards 18.910-17 Code Update:4/20 vi. The proposed development may result in excessive traffic volumes on adjacent local streets. 2. In addition, a traffic study may be required for all new or expanded uses or developments under any of the following circumstances: a. When the site is within 500 feet of an ODOT facility; or b. Trip generation from a development adds 300 or more vehicle trips per day to an ODOT facility; or c. Trip generation from a development adds 50 or more peak hour trips to an ODOT facility. (Ord. 20-01 §1; Ord. 18-23 §2; Ord. 17-22 §2) 18.910.040 Blocks A. Block design. The length, width and shape of blocks shall be designed with due regard to providing adequate building sites for the use contemplated, consideration of needs for convenient access, circulation, control and safety of street traffic and recognition of limitations and opportunities of topography. B. Sizes. 1. The perimeter of blocks formed by streets shall not exceed 2,000 feet measured along the centerline of the streets except: a. Where street location is precluded by natural topography, wetlands, significant habitat areas or bodies of water, or pre-existing development; or b. For blocks adjacent to arterial streets, limited access highways,collectors or railroads. c. For nonresidential blocks in which internal public circulation provides equivalent access. 2. Bicycle and pedestrian connections on public easements or rights-of-way shall be provided when full street connection is exempted by Paragraph 18.910.040.B.1. Spacing between connections shall be no more than 330 feet, except where precluded by environmental or topographical constraints, existing development patterns, or strict adherence to other standards in the code. (Ord. 17-22 §2) 18.910.050 Easements A. Easements. Easements for sewers, drainage, water mains, electric lines or other public utilities shall be either dedicated or provided for in the deed restrictions, and where a development is traversed by a watercourse or drainageway, there shall be provided a stormwater easement or drainage right-of-way conforming substantially with the lines of the watercourse. B. Utility easements. A property owner proposing a development shall make arrangements with the city, the applicable district, and each utility franchise for the provision and dedication of utility easements necessary to provide full services to the development. The city's standard width for public main line utility easements shall be 15 feet unless otherwise specified by the utility company, applicable district, or City Engineer. (Ord. 17-22 §2) Improvement Standards 18.910-18 Code Update:4/20 18.910.060 Reserved 18.910.070 Sidewalks A. Sidewalks. All public and private streets adjacent to industrially zoned properties shall have sidewalks meeting city standards along at least one side of the street. All other public and private streets shall have sidewalks meeting city standards along both sides of the street. A development may be approved if an adjoining street has sidewalks on the side adjoining the development, even if no sidewalk exists on the other side of the street. B. Requirement of developers. 1. As part of any development proposal or change in use resulting in an additional 1,000 vehicle trips or more per day, an applicant shall be required to identify direct, safe(1.25 x the straight line distance)pedestrian routes within 0.50 miles of their site to all transit facilities and neighborhood activity centers (schools, parks, libraries, etc.). In addition, the developer may be required to participate in the removal of any gaps in the pedestrian system off-site if justified by the development. 2. If there is an existing sidewalk on the same side of the street as the development within 300 feet of a development site in either direction, the sidewalk shall be extended from the site to meet the existing sidewalk, subject to rough proportionality (even if the sidewalk does not serve a neighborhood activity center). C. Planter strip requirements. A planter strip separation of at least 5 feet between the curb and the sidewalk shall be required in the design of streets, except where the following conditions exist: there is inadequate right-of-way; the curbside sidewalks already exist on predominant portions of the street; it would conflict with the utilities; there are significant natural features (large trees, water features, significant habitat areas, etc.) that would be destroyed if the sidewalk were located as required; or where there are existing structures in close proximity to the street (15 feet or less) or where the standards in Table 18.910.1 specify otherwise. Additional consideration for exempting the planter strip requirement may be given on a case-by-case basis if a property abuts more than one street frontage. D. Maintenance. Maintenance of sidewalks, curbs, and planter strips is the continuing obligation of the adjacent property owner. E. Application for permit and inspection. Separate street opening permits are required for sidewalk segments that are not part of a current subdivision approval: 1. An occupancy permit shall not be issued for a development until the provisions of this section are satisfied. 2. The City Engineer may issue a permit and certificate allowing temporary noncompliance with the provisions of this section to the owner, builder or contractor when, in his or her opinion, the construction of the sidewalk is impractical for one or more of the following reasons: a. Sidewalk grades have not and cannot be established for the property in question within a reasonable length of time; b. Forthcoming installation of public utilities or street paving would be likely to cause severe damage to the new sidewalk; Improvement Standards 18.910-19 Code Update:4/20 c. Street right-of-way is insufficient to accommodate a sidewalk on 1 or both sides of the street; or d. Topography or elevation of the sidewalk base area makes construction of a sidewalk impractical or economically infeasible. 3. The City Engineer shall inspect the construction of sidewalks for compliance with the provision set forth in the standard specifications manual. F. Council initiation of construction. In the event one or more of the following situations are found by the council to exist, the council may adopt a resolution to initiate construction of a sidewalk in accordance with city ordinances: 1. A safety hazard exists for children walking to or from school and sidewalks are necessary to eliminate the hazard; 2. A safety hazard exists for pedestrians walking to or from a public building, commercial area, place of assembly or other general pedestrian traffic, and sidewalks are necessary to eliminate the hazard; 3. Fifty percent or more of the area in a given block has been improved by the construction of dwellings,multiple dwellings, commercial buildings or public buildings or parks; and 4. A criterion which allowed noncompliance under this chapter no longer exists and a sidewalk could be constructed in compliance with city standards. (Ord. 17-22 §2) 18.910.080 Public Use Areas A. Dedication requirements. 1. Where a proposed park,playground, or other public use shown in a development plan adopted by the city is located in whole or in part in a subdivision,the commission may require the dedication or reservation of such area within the subdivision, provided that the reservation or dedication is roughly proportional to the impact of the subdivision on the park system. 2. Where considered desirable by the commission in compliance with adopted comprehensive plan policies, and where a development plan of the city does not indicate proposed public use areas, the commission may require the dedication or reservation of areas within the subdivision or sites of a character, extent and location suitable for the development of parks or other public use, provided that the reservation or dedication is roughly proportional to the impact of the subdivision on the park system. B. Acquisition by public agency. If the developer is required to reserve land area for a park, playground, or other public use, such land shall be acquired by the appropriate public agency within 18 months following plat approval, at a price agreed upon prior to approval of the plat, or such reservation shall be released to the subdivider. (Ord. 17-22 §2) 18.910.090 Sanitary Sewers A. Sewers required. Sanitary sewers shall be installed to serve each new development and to connect developments to existing mains in compliance with Clean Water Services requirements and the comprehensive plan. Improvement Standards 18.910-20 Code Update:4/20 B. Sewer plan approval. The City Engineer shall approve all sanitary sewer plans and proposed systems prior to issuance of development permits involving sewer service. C. Over-sizing. Proposed sewer systems shall include consideration of additional development within the area as projected by the comprehensive plan. D. Permits denied. Development permits may be restricted by the approval authority where a deficiency exists in the existing sewer system or portion thereof which cannot be rectified within the development and which if not rectified will result in a threat to public health or safety, surcharging of existing mains, or violations of state or federal standards pertaining to operation of the sewage treatment system. (Ord. 17-22 §2) 18.910.100 Storm Drainage A. General provisions. The Director and City Engineer shall issue a development permit only where adequate provisions for stormwater and floodwater runoff have been made, and: 1. The storm water drainage system shall be separate and independent of any sanitary sewerage system; 2. Where possible, inlets shall be provided so surface water is not carried across any intersection or allowed to flood any street; and 3. Surface water drainage patterns shall be shown on every development proposal plan. B. Easements. Where a development is traversed by a watercourse, drainageway, channel or stream, there shall be provided a stormwater easement or drainage right-of-way conforming substantially with the lines of such watercourse and such further width as will be adequate for conveyance and maintenance. C. Accommodation of upstream drainage. A culvert or other drainage facility shall be large enough to accommodate potential runoff from its entire upstream drainage area, whether inside or outside the development, and the City Engineer shall approve the necessary size of the facility, based on Clean Water Services requirements. D. Effect on downstream drainage. Where it is anticipated by the City Engineer that the additional runoff resulting from the development will overload an existing drainage facility, the director and engineer shall withhold approval of the development until provisions have been made for improvement of the potential condition or until provisions have been made for storage of additional runoff caused by the development in compliance with Clean Water Services requirements. (Ord. 17-22 §2) 18.910.110 Bikeways and Pedestrian Pathways A. Bikeway extension. 1. As a standard, bike lanes shall be required along all arterial and collector routes and where identified on the city's adopted bicycle plan in the transportation system plan (TSP). Bike lane requirements along collectors within the downtown urban renewal district shall be determined by the City Engineer unless specified in Table 18.910.1. 2. Developments adjoining proposed bikeways identified on the city's adopted pedestrian/bikeway plan shall include provisions for the future extension of such bikeways through the dedication of Improvement Standards 18.910-21 Code Update:4/20 easements or rights-of-way, provided such dedication is directly related to and roughly proportional to the impact of the development. 3. Any new street improvement project shall include bicycle lanes as required in this chapter and on the adopted bicycle plan. B. Cost of construction. Development permits issued for planned developments, conditional use permits, subdivisions and other developments which will principally benefit from such bikeways shall be conditioned to include the cost or construction of bikeway improvements in an amount roughly proportional to the impact of the development. C. Minimum width. 1. The minimum width for bikeways within the roadway is 5 feet per bicycle travel lane. 2. The minimum width for multi-use paths separated from the road and classified as regional or community trails in the Greenway Trail System Master Plan is 10 feet. The width may be reduced to 8 feet if there are environmental or other constraints. 3. The minimum width for off-street paths classified as neighborhood trails, according to the Greenway Trail System Master Plan, is 3 feet. 4. Design standards for bike and pedestrian-ways shall be determined by the City Engineer. (Ord. 17-22 §2) 18.910.120 Utilities A. Underground utilities. All utility lines including, but not limited to those required for electric, communication, lighting and cable television services and related facilities shall be placed underground, except for surface mounted transformers, surface mounted connection boxes and meter cabinets which may be placed above ground, temporary utility service facilities during construction, high capacity electric lines operating at 50,000 volts or above, and: 1. The developer shall make all necessary arrangements with the serving utility to provide the underground services; 2. The city reserves the right to approve location of all surface mounted facilities; 3. All underground utilities, including sanitary sewers and storm drains installed in streets by the developer, shall be constructed prior to the surfacing of the streets; and 4. Stubs for service connections shall be long enough to avoid disturbing the street improvements when service connections are made. B. Information on development plans. The applicant for a development shall show on the development plan or in the explanatory information, easements for all underground utility facilities, and: 1. Plans showing the location of all underground facilities as described herein shall be submitted to the City Engineer for review and approval; and 2. Care shall be taken in all cases to ensure that above ground equipment does not obstruct vision clearance areas for vehicular traffic. Improvement Standards 18.910-22 Code Update:4/20 C. Exception to undergrounding requirement. 1. The developer shall pay a fee in-lieu of undergrounding costs when the development is proposed to take place on a street where existing utilities which are not underground will serve the development and the approval authority determines that the cost and technical difficulty of under-grounding the utilities outweighs the benefit of undergrounding in conjunction with the development. The determination shall be on a case-by-case basis. The most common, but not the only, such situation is a short frontage development for which undergrounding would result in the placement of additional poles,rather than the removal of above-ground utilities facilities. 2. An applicant for a development which is served by utilities which are not underground and which are located across a public right-of-way from the applicant's property shall pay the fee in-lieu of undergrounding. 3. Properties within the MU-CBD zone shall be exempt from the requirements for undergrounding of utility lines and from the fee in-lieu of undergrounding. 4. The exceptions in Paragraphs 18.910.120.C.1 through 3 shall apply only to existing utility lines. All new utility lines shall be placed underground. D. Fee in-lieu of undergrounding. 1. The City Engineer shall establish utility service areas in the city. All development which occurs within a utility service area shall pay a fee in-lieu of undergrounding for utilities if the development does not provide underground utilities,unless exempted by this chapter. 2. The City Engineer shall establish the fee by utility service area which shall be determined based upon the estimated cost to underground utilities within each service area. The total estimated cost for undergrounding in a service area shall be allocated on a front-foot basis to each party within the service area. The fee due from any developer shall be calculated based on a front-foot basis. 3. A developer shall receive a credit against the fee for costs incurred in the undergrounding of existing overhead utilities. The City Engineer shall determine the amount of the credit, after review of cost information submitted by the applicant with the request for credit. 4. The funds collected in each service area shall be used for undergrounding utilities within the city at large. The City Engineer shall prepare and maintain a list of proposed undergrounding projects which may be funded with the fees collected by the city. The list shall indicate the estimated timing and cost of each project. The list shall be submitted to the city council for their review and approval annually. (Ord. 17-22 §2) 18.910.130 Cash or Bond Required A. Guarantee. All improvements installed by the developer shall be guaranteed as to workmanship and material for a period of 1 year following acceptance by the city council. B. Cash deposit or bond. Such guarantee shall be secured by cash deposit or bond in the amount of the value of the improvements as set by the City Engineer. C. Compliance requirements. The cash or bond shall comply with the terms and conditions of Section 18.830.070. (Ord. 17-22 §2) Improvement Standards 18.910-23 Code Update:4/20 18.910.140 Monuments—Replacement Required Any monuments that are disturbed before all improvements are completed by the subdivider shall be replaced prior to final acceptance of the improvements. (Ord. 17-22 §2) 18.910.150 Installation Prerequisite A. Approval required. No public improvements, including sanitary sewers, storm sewers, streets, sidewalks, curbs, lighting or other requirements shall be undertaken except after the plans have been approved by the city,permit fee paid, and permit issued. B. Permit fee. The permit fee is required to defray the cost and expenses incurred by the city for construction and other services in connection with the improvement. The permit fee shall be set by council resolution. (Ord. 17-22 §2) 18.910.160 Reserved 18.910.170 Plan Check A. Submittal requirements. Work shall not begin until construction plans and construction estimates have been submitted and checked for adequacy and approved by the City Engineer in writing. The developer can obtain detailed information about submittal requirements from the City Engineer. B. Compliance. All such plans shall be prepared in compliance with requirements of the city. (Ord. 17- 22 §2) 18.910.180 Notice to City A. Commencement. Work shall not begin until the city has been notified in advance. B. Resumption. If work is discontinued for any reason, it shall not be resumed until the city is notified. (Ord. 17-22 §2) 18.910.190 City Inspection of Improvements Improvements shall be constructed under the inspection and to the satisfaction of the city. The city may require changes in typical sections and details if unusual conditions arising during construction warrant such changes in the public interest. (Ord. 17-22 §2) 18.910.200 Engineer's Written Certification Required The developer's engineer shall provide written certification of a form provided by the city that all improvements, workmanship, and materials are in accord with current and standard engineering and construction practices, and are of high grade, prior to city acceptance of the subdivision's improvements or any portion thereof for operation and maintenance. (Ord. 17-22 §2) ■ Improvement Standards 18.910-24 Code Update:4/20 Chapter 18.920 ACCESS,EGRESS,AND CIRCULATION Sections: 18.920.010 Purpose 18.920.020 Applicability 18.920.030 General Provisions 18.920.010 Purpose The purpose of this chapter is to establish standards and regulations for safe and efficient vehicle access and egress on a site and for general circulation within the site. (Ord. 17-22 §2) 18.920.020 Applicability A. Applicability. The provisions of this chapter apply to all development including the construction of new structures, the remodeling of existing structures, and to a change of use that increases the on-site parking or loading requirements or changes the access requirements. B. Change or enlargement of use. Should the owner or occupant of a lot or building change or enlarge the use to which the lot or building is put, thereby increasing access and egress requirements, it is unlawful and is a violation of this title to begin or maintain such altered use until the provisions of this chapter have been met if required or until the appropriate approval authority has approved the change. C. When site design review is not required. Where the provisions of Chapter 18.780, Site Development Review, do not apply, the approval authority will approve, approve with conditions, or deny an access plan submitted under the provisions of this chapter in conjunction with another permit or land use action. D. Conflict with subdivision requirements. The requirements and standards of this chapter do not apply where they conflict with the subdivision requirements of this title. (Ord. 18-23 §2; Ord. 17-22 §2) 18.920.030 General Provisions A. Continuing obligation of property owner. The provisions and maintenance of access and egress provided in this chapter are continuing requirements for the use of any structure or lot of real property in the city. B. Access plan requirements. A plan demonstrating compliance with the access, egress, and circulation requirements of this Chapter must be provided prior to any land use approval or development permit issuance. C. Joint access. Owners of two or more uses, structures, or lots of land may agree to utilize jointly the same access and egress when the combined access and egress of all uses, structures, or units of land meets the combined requirements of this chapter,provided: 1. Satisfactory legal evidence must be presented in the form of deeds, easements, leases, or contracts to establish the joint use; and Access,Egress,and Circulation 18.920-1 Code Update:4/20 2. Copies of the deeds, easements,leases, or contracts are placed on permanent file with the city. D. Public street access. All vehicular access and egress as required in Subsections 18.920.030.H, I and J must connect directly with a public or private street approved by the city for public use and must be maintained at the required standards on a continuous basis. E. Surfacing. Driveways and drive aisles must be paved with a dust-free, hard-surfaced material, or utilize a turf grid or open joint pavers. F. Curb cuts. Curb cuts must be in compliance with Subsection 18.910.030.0. G. Pedestrian access. Paths for pedestrian access and circulation are required to, through, and sometimes between development sites. Path standards are provided in 18.200 Residential Development Standards, 18.300 Nonresidential Development Standards, and Chapter 18.410, Off-Street Parking and Loading.Additional standards may also apply if the site is located in a plan district. H. Inadequate or hazardous access. 1. Applications for development permits will be referred to the Director for review when, in the opinion of the Director,the access proposed: a. Would cause or increase existing hazardous traffic conditions; or b. Would provide inadequate access for emergency vehicles; or c. Would in any other way cause hazardous conditions to exist that would constitute a clear and present danger to the public health, safety, and general welfare. 2. Direct individual access to arterial or collector streets from single detached house lots is discouraged. Direct access to collector or arterial streets will be considered only if there is no practical alternative way to access the site. If direct access is allowed by the city, the applicant will be required to mitigate for any safety or neighborhood traffic management (NTM) impacts deemed applicable by the City Engineer. This may include, but will not be limited to, the construction of a vehicle turnaround on the site to eliminate the need for a vehicle to back out onto the roadway. 3. The design of the service drive or drives must not require or facilitate the backward movement or other maneuvering of a vehicle within a street, other than an alley. Single detached houses are exempt from this requirement. I. Access management. 1. An access report must be submitted with all new development that verifies design of driveways and streets are safe by meeting adequate stacking needs, sight distance, and deceleration standards as set by ODOT, Washington County, the city, and AASHTO (depending on jurisdiction of facility). 2. Driveways must not be placed in the influence area of collector or arterial street intersections. Influence area of intersections is that area where queues of traffic commonly form on approach to an intersection. The minimum driveway setback from a collector or arterial street intersection is 150 feet, measured from the right-of-way line of the intersecting street to the throat of the Access,Egress,and Circulation 18.920-2 Code Update:4/20 proposed driveway. The setback may be greater depending upon the influence area, as determined from City Engineer review of a traffic impact report submitted by the applicant's traffic engineer. In a case where a development has less than 150 feet of street frontage,the applicant must explore any option for shared access with the adjacent lot. If shared access is not possible or practicable, the driveway must be placed as far from the intersection as possible. 3. The minimum spacing of driveways and streets along a collector is 200 feet. The minimum spacing of driveways and streets along an arterial is 600 feet. 4. The minimum spacing of local streets along a local street is 125 feet. J. Minimum access requirements for residential uses. 1. Vehicular access and egress for residential uses must comply with the standards provided in Table 18.920.1. Table 18.920.1 Vehicular Access/Egress Requirements: Residential Uses Minimum Minimum Access Housing Type Driveways Minimum Pavement Width Required Required Single Detached Houses 1 10 ft 10 ft Quads 1 15 ft 15 ft Cottage Clusters 1 20 ft 20 ft Courtyard Units 1 20 ft 20 ft Rowhouses See Chapter 18.280,Rowhouses Apartments, 2 units 1 10 ft 10 ft 24 ft if two-way Apartments, 3-49 units 1 30 ft 15 ft if one-way curbs and 5 ft walkway required Apartments, 50+units 2 30 ft 24 ft curbs and 5 ft walkway required 2. Vehicular access to apartment structures must be within 50 feet of the first-story entrance or the first-story landing of a stairway,ramp,or elevator leading to the dwelling units. 3. Private residential access drives must be provided and maintained in compliance with the Oregon Fire Code. 4. Access drives in excess of 150 feet in length must be provided with approved provisions for the turning around of fire apparatus by one of the following: a. A circular, paved surface having a minimum turn radius measured from center point to outside edge of 35 feet; Access,Egress,and Circulation 18.920-3 Code Update:4/20 b. A hammerhead-configured, paved surface with each leg of the hammerhead having a minimum depth of 40 feet and a minimum width of 20 feet; c. The maximum cross slope of a required turnaround is 5 percent. 5. Vehicle turnouts, (providing a minimum total driveway width of 24 feet for a distance of at least 30 feet), may be required so as to reduce the need for excessive vehicular backing motions in situations where two vehicles traveling in opposite directions meet on driveways in excess of 200 feet in length. 6. Where allowed, minimum width for driveway approaches to arterials or collector streets must be at least 20 feet so as to avoid traffic turning from the street having to wait for traffic exiting the site. K. Minimum access requirements for nonresidential uses. 1. Vehicle access, egress, and circulation for nonresidential uses must comply with the standards provided in Table 18.920.2. Table 18.920.2 Vehicular Access/Egress Requirements: Nonresidential Uses Required Parking Minimum Number of Minimum Access Width Minimum Pavement Spaces Driveways Required 1-99 1 30 ft 24 ft curbs required 100+ 2 30 ft 24 ft curbs required 1 50 ft 40 ft curbs required 2. Vehicular access must be provided to nonresidential uses, and be located within 50 feet of the primary first-story entrances; 3. Additional requirements for truck traffic may be imposed through conditions of approval of a land use application. L. One-way vehicular access points. Where a proposed parking facility indicates only one-way traffic flow on the site, it must be accommodated by a specific driveway serving the facility; the entrance drive must be situated closest to oncoming traffic and the exit drive must be situated farthest from oncoming traffic. M. Director's authority to restrict access. The Director has the authority to restrict access when the need to do so is dictated by one or more of the following conditions: 1. To provide for increased traffic movement on congested streets and to eliminate turning movement problems,the Director may restrict the location of driveways on streets and require the location of driveways be placed on adjacent streets, upon the finding that the proposed access would: a. Cause or increase existing hazardous traffic conditions; or Access,Egress,and Circulation 18.920-4 Code Update:4/20 b. Provide inadequate access for emergency vehicles; or c. Cause hazardous conditions to exist that would constitute a clear and present danger to the public health, safety, and general welfare. 2. To eliminate the need to use public streets for movements between commercial or industrial uses, parking areas must be designed to connect with parking areas on adjacent properties unless not feasible. The Director may require access easements between properties where necessary to provide for parking area connections. 3. To facilitate pedestrian and bicycle traffic, access and parking area plans must provide efficient sidewalk or pathway connections, as feasible, between neighboring developments or land uses. (Ord. 20-01 §1; Ord. 19-09 §1; Ord. 18-28 §1; Ord. 18-23 §2; Ord. 17-22 §2) ■ Access,Egress,and Circulation 18.920-5 Code Update:4/20 TIGARD MUNICIPAL CODE ORDINANCE LIST No. Summary of Action and Disposition 20-01 Amends §§ 18.10.040(B), 18.10.060(C), 18.30.010, 18.30.020, 18.40.050, 18.60.020(A), 18.60.040, 18.60.050(L), 18.60.060(D), 18.60.080, 18.110.030, 18.110.040, 18.120.030, 18.120.050, 18.130.030, 18.140.040, 18.210.030(B), 18.220.010(A), 18.220.050, 18.230.010(A), 18.230.020, 18.230.040, 18.230.050, 18.240.010, 18.240.050, 18.240.060, 18.250.010, 18.250.040-18.250.060, 18.260.010, 18.260.040, 18.270.010, 18.270.060(D), 18.280.010, 18.280.020, 18.280.050, 18.280.060, 18.290.030, 18.290.040, 18.320.050, 18.320.060, 18.330.040, 18.350.050(C), 18.410.060(A), 18.435.090(E), 18.435.130, 18.440.020(C), 18.440.030, 18.440.050(C), 18.510.010(G), 18.510.020(B), 18.510.040(R), 18.520.060, 18.620.070(D), 18.620.080, 18.630.090, 18.640.070(E), 18.640.100(B), 18.650.010(B), 18.650.020(A), 18.650.050(B), 18.650.060, 18.650.070, 18.650.080(D), 18.660.040(C), 18.660.050(D), 18.660.080, 18.670.020(B), 18.670.050, 18.670.070(B), 18.670.080(B), 18.710.030(B), 18.710.120(C), 18.715.040, 18.715.050, 18.720.020, 18.730.040, 18.740.050(B), 18.760.020(B), 18.760.030, 18.760.050, 18.770.070, 18.790.020, 18.790.030(A), 18.810.020, 18.810.030(A), 18.820.030(A), 18.820.040, 18.830.020(A), 18.830.030(A), 18.830.040(A), 18.830.050(B), 18.910.030(A)and 18.920.030, omnibus code amendments(18.10, 18.30, 18.40, 18.60, 18.110, 18.120, 18.130, 18.140, 18.210, 18.220, 18.230, 18.240, 18.250, 18.260, 18.270, 18.280, 18.320, 18.330, 18.350, 18.410, 18.435, 18.440, 18.510, 18.520, 18.620, 18.630, 18.640, 18.650, 18.660, 18.670, 18.710, 18.715, 18.720, 18.730, 18.740, 18.760, 18.770, 18.790, 18.810, 18.820, 18.830, 18.910, 18.920) 20-02 Amends § 3.24.080, system development charge payment(3.24) 20-03 Amends §§ 1.21.040, 1.22.120, 5.04.030, 5.04.120, 6.02.120-6.02.140, 8.02.030, 8.02.050 and 8.04.030, citation corrections(1.21, 1.22, 5.04, 6.02, 8.02, 8.04) 20-04 Adds §§ 10.28.125 and 10.28.155; amends § 10.28.010(B),parking enforcement(10.28) 20-05 Amends § 10.30.050,residential parking permits (10.30) Ordinance List 0-6 Code Update:4/20