Tigard City Zoning Code
PART 18
00 INTRODUCTION
§ 18.10.010 Purpose.
The purpose of the Community Development Code of the City of Tigard is to provide for the health, safety, and general welfare of the public. This title is designed to provide the standards and procedures governing the use and development of land in the corporate limits of the City of Tigard and to implement the goals and policies of the Tigard Comprehensive Plan, including the provision of adequate public facilities. The Tigard Comprehensive Plan is the overarching land use policy document that guides development within the city through the application of this title.
(Ord. 17-22 §2)
§ 18.10.020 Official Names.
The ordinances codified in this title are known as the "Community Development Code of the City of Tigard" or "Title 18 of the Tigard Municipal Code" and will be referred to herein as "this title."
(Ord. 17-22 §2; Ord. 18-23 §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.
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. 17-22 §2; Ord. 18-23 §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. 17-22 §2; Ord. 18-23 §2; Ord. 20-01 §1)
§ 18.10.050 Zoning.
A.
Base zones. All land within the City of Tigard is divided into zones. The use and development of land is limited by the base zone in which the land is located. The following base zones are established in the city:
Table 18.10.1 Base Zones | |
|---|---|
Zone Name | Zone Abbreviation |
Parks and Recreation | PR |
Residential Zones | |
Residential-A | RES-A |
Residential-B | RES-B |
Residential-C | RES-C |
Residential-D | RES-D |
Residential-E | RES-E |
Commercial Zones | |
Commercial | COM |
Mixed-Use Commercial | MUC |
Mixed-Use Central Business District | MU-CBD |
Mixed-Use Employment | MUE |
Mixed-Use Residential | MUR |
Triangle Mixed Use | TMU |
Industrial Zones | |
Industrial | IND |
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:
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.
(Ord. 17-22 §2; Ord. 18-23 §2; Ord. 22-06 §2; Ord. No. 24-05, 4/23/2024)
§ 18.10.060 Special Designations.
A.
Overlay zones. The following overlays are established in the city:
Table 18.10.2 Overlay Zones | ||
|---|---|---|
Overlay Zone Name | Zone Abbreviation | Regulating Chapter |
Historic Resource | HR | 18.755 |
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:
Table 18.10.4 Special 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.
2.
Land within each special area is subject to regulations of the base zone in which they are located.
3.
Maps depicting special areas are intended for general reference and may not necessarily represent actual boundaries. Verification of special areas may be required upon application for development.
(Ord. 17-22 §2; Ord. 18-23 §2; Ord. 18-28 §1; Ord. 20-01 §1; Ord. 25-01, 1/28/2025)
§ 18.20.010 Compliance.
A.
Compliance. Uses, developments, and construction, reconstruction, alteration, occupation, and use of structures must conform to the provisions of this title. Any officials, departments, or employees of the city vested with authority to grant approvals must adhere to and require compliance with this title and may not grant approval for any development or use that violates or fails to comply with this title. Any approval issued or granted in conflict with the provisions of this title is void.
B.
Obligation by successor. The regulations of this title apply to the person undertaking the development or the use of the development and to the person's successor in interest.
C.
Most restrictive regulations apply. Where this title imposes greater restrictions than those imposed or required by other regulations, the most restrictive or that imposing the higher standard governs. When regulations in this title are in conflict, the most restrictive regulation governs unless stated otherwise.
D.
Required improvements. A lot area, setback, open space, or off-street parking or loading area required by this title for a development may not be used to meet the requirements for another development, except as specifically provided otherwise.
(Ord. 17-22 §2; Ord. 18-23 §2; Ord. 18-28 §1; Ord. 22-06 §2)
§ 18.20.020 Uses and Development Allowed By Right.
A.
Compliance. Proposals for uses or developments that are allowed by right under this title are subject to the procedures and regulations of this section.
B.
Applicability.
1.
Applicability. Uses or development allowed by right are those that do not require a land use approval, as determined by the Director. This determination is not appealable locally and is the final decision of the city.
2.
Prohibitions.
a.
Applications for uses or development that are prohibited by this title will not be accepted.
b.
The Director may refuse an application when a proposed structure has been clearly designed for a use or development different from that which is being proposed and could not reasonably be expected to meet the needs of the proposed use or development.
C.
Method of review. Uses and development that are allowed by right are reviewed for compliance with the applicable standards in this title. This is a non-discretionary administrative review. Decisions are made by the Director. The Director's decision is not appealable locally and is the final decision of the city.
D.
Procedures.
1.
Non-discretionary reviews are processed in conjunction with an application for a development permit. Applicants for non-discretionary review must submit information showing that the proposal complies with all applicable standards of this title.
2.
Approvals of non-discretionary reviews are based on the information submitted. If the information is incorrect, the approval may be revoked or voided.
(Ord. 22-06 §2)
§ 18.20.030 Land Use Applications and Development Permits.
A.
Land use applications. An applicant who proposes a use or development that is governed by this title must obtain approval of all required land use applications prior to establishment or construction. New development, changes to existing development, and changes in the type or number of uses may require a land use approval.
B.
Development permits. An applicant who proposes a use or development governed by this title must obtain approval of all required development permits prior to establishment or construction. New development, changes to existing development, and changes in the type or number of uses may require a permit.
C.
Certificate of occupancy. A structure or use may not be used or occupied for the purposes provided in the development permit until the city has issued a certificate of occupancy. Prior to the final completion of all work, a certificate of occupancy may be issued for a portion of the structure conditioned upon further work being completed by a date certain.
(Ord. 17-22 §2; Ord. 18-23 §2; Ord. 22-06 §2)
§ 18.20.040 Violations.
A.
Violations. It is unlawful to violate any provisions of this title including but not limited to provisions relating to a land use approval or conditions of land use approval. Erection, construction, alteration, maintenance, or use of any building or structure in violation of this title; or use, division, or transfer of any land in violation of this title is prohibited. Each violation of a separate provision of this title constitutes a separate infraction, and each day that a violation of this title is committed or continued constitutes a separate infraction.
B.
Responsible party. The responsible party is the person responsible for curing or remedying a violation, which includes:
1.
The owner of the property, or the owner's manager or agent or other person in control of the property on behalf of the owner;
2.
The person occupying the property, including bailee, lessee, tenant, or other person having possession; or
3.
The person who is alleged to have committed the acts or omissions, created or allowed the condition to exist, or placed the object or allowed the object to exist on the property.
C.
Enforcement. In any case where a violation of this title occurs, such violation constitutes a nuisance and a Class I Civil Infraction as provided in Title 6 of the Tigard Municipal Code. The city may remedy the violation by any appropriate means necessary as allowed by the municipal code and available to the city.
(Ord. 17-22 §2; Ord. 18-23 §2; Ord. 22-06 §2)
§ 18.20.050 Timeliness of Regulations.
A.
Vesting. Land use applications are processed based on the regulations in effect on the date an application is submitted to the city as provided in ORS 227.178. If a land use application is approved, development rights are vested when the land use approval is utilized as described in Subsection 18.20.040.G. Vested development rights do not expire unless new land use approvals are obtained and utilized that supersede any preexisting vested rights.
B.
Modifications. Modifications to pending land use applications that have been deemed complete are processed based on the regulations in effect on the date the original application was submitted, unless the modification substantially changes the proposal so as to constitute a new application, as described in Chapter 18.710, Land Use Review Procedures.
C.
Use of new regulations or mapping. Land use applications will not be accepted for development proposals based on proposed amendments to regulations or the zoning map that have not been adopted or have been adopted but are not yet in effect. Pre-application conferences may be requested and held to discuss implications of proposed amendments.
D.
Pre-existing approvals. Land use applications for which approvals were granted prior to the effective date of the ordinances codified in this title may occur in compliance with such approvals.
E.
Conditions of approval. Conditions of land use approval remain valid even if the regulations requiring the conditions are subsequently modified. Conditions of approval may be amended or removed through the following actions:
1.
Appeal of the original application;
2.
Submittal of a new land use application that supersedes the original application;
3.
Submittal of a new land use application that modifies the original application or condition of approval through the process provided by Chapter 18.765, Modifications; or
F.
Transfer of approval rights. Approvals of ministerial and quasi-judicial land use applications run with the land and are transferred with ownership. Any conditions, time limits, or restrictions apply to all subsequent owners.
G.
Expiration of approvals.
1.
Approvals granted pursuant to this chapter expire and are void unless utilized as described below within the applicable time periods.
a.
For an approval requiring any kind of development permit, the development must:
i.
Submit and pay for all applicable development permits, excluding trade permits, within three years of the effective date of a conditional use, planned development (detailed plan), planned development (consolidated plan), or site development review approval, or within two years of the effective date of all other approvals; and
ii.
Pass final inspection or obtain a permanent certificate of occupancy within five years of the effective date of a conditional use, planned development (detailed plan), planned development (consolidated plan), or site development review approval, or within four years of the effective date of all other approvals.
b.
For an approval not requiring any kind of development permit, such as a planned development (concept plan) or a preliminary sublot plat, the development must utilize its approval within two years of the effective date of the approval.
2.
Approvals expire and are void as specified above unless one of the following applies:
3.
The following approvals are exempt from expiration:
a.
Adequate Public Facilities Exceptions,
b.
Annexations,
c.
Comprehensive Plan Amendments,
d.
Development Code Amendments,
e.
Director Determinations,
f.
Historic Resource Overlay Zone Designations,
g.
Nonconforming Use Determinations,
h.
Zoning Map Amendments, and
i.
Final Plats, including Final Sublot Plats.
(Ord. 17-22 §2; Ord. 18-23 §2; Ord. 18-28 §1; Ord. 19-09 §1; Ord. 22-06 §2)
§ 18.30.010 List of Terms.
-A- |
A-Frame Sign - See Chapter 18.435, Signs
Abandoned Sign - See Chapter 18.435, Signs
Abut
Accept
Access
Accessible
Accessory Structure
Accessory Use
Accessory Dwelling Unit - See Dwelling-Related Definitions
Addition
Adult Bookstore - See Adult Entertainment-Related Definitions
Adult Entertainment-Related Definitions:
• | Adult Bookstore |
• | Adult Motion Picture Theater |
• | Specified Anatomical Areas |
• | Specified Sexual Activities |
Adult Motion Picture Theater - See Adult Entertainment-Related Definitions
Aisle
Allowed Use
Alley - See Transportation-Related Definitions
Alternative Access
Amendment
Amenity
Annexation
Antenna - See Wireless Communication Facility-Related Definitions
Apartments - See Dwelling-Related Definitions
Approval Authority
Approved Plan
Arcade
Area - See Chapter 18.435, Signs
Area of Special Flood Hazard - See Flood-Related Definitions
Attached - See Dwelling-Related Definitions
Awning
Awning Sign - See Chapter 18.435, Signs
-B- |
Balloon - See Chapter 18.435, Signs
Banner - See Chapter 18.435, Signs
Base Flood - See Flood-Related Definitions
Basement Bay
Belt Course
Bench Sign - See Chapter 18.435, Signs
Berm
Bike Lane - See Transportation-Related Definitions
Bikeway - See Transportation-Related Definitions
Billboard - See Chapter 18.435, Signs
Buildable Area
Building
Building, Primary
Building Height
Building Permit
Business
-C- |
Caliper - See Tree-Related Definitions
Carport
Certified Arborist - See Tree-Related Definitions
Change of Use
City
Collocation - See Wireless Communication Facility-Related Definitions
Column
Common Wall
Complex
Conditional Use
Corner Lot - See Lot-Related Definitions
Cornice
Council
Covered Parking
Cottage Cluster - See Dwelling-Related Definitions
Courtyard Units - See Dwelling-Related Definitions
Covered Soil Volume - See Tree-Related Definitions
Cul-de-Sac
Cultural Institution Auxiliary Sign - See Chapter 18.435, Signs
Cutout - See Chapter 18.435, Signs
-D- |
Dedication
Deed
Demolish
Density
Density Bonus
Density Transfer
Detached - See Dwelling-Related Definitions
Development
Development Impact Area - See Tree-Related Definitions
Development Permit
Development Site
Diameter at Breast Height (DBH) - See Tree-Related Definitions
Directional Sign - See Chapter 18.435, Signs
Director
Display Surface - See Chapter 18.435, Signs
Drainage Way
Dripline - See Tree-Related Definitions
Drive-Through Service
Driveway
Dwelling Unit - See Dwelling-Related Definitions
Dwelling Unit-Related Definitions:
• | Accessory Dwelling Unit |
• | Apartments |
• | Attached |
• | Cottage Cluster |
• | Courtyard Units |
• | Detached |
• | Dwelling Unit |
• | Manufactured Home |
• | Quad |
• | Rowhouse |
• | Single Detached House |
• | Small Form Residential |
-E- |
Easement
Eaves
Egress
Ecoroof
Electronic Information Sign - See Chapter 18.435, Signs
Enlargement
Entrance
Entryway Sign - See Chapter 18.435, Signs
Exception
-F- |
FAA - See Wireless Communication Facility-Related Definitions
Face
Face of a Building - See Chapter 18.435, Signs
Family Day Care
FCC - See Wireless Communication Facility-Related Definitions
Fee in Lieu
Fence, Sight-Obscuring
Final Decision
Findings
Flag Lot - See Lot-Related Definitions
Flashing Sign - See Chapter 18.435, Signs
Flood or Flooding - See Flood-Related Definitions
Flood-Related Definitions:
• | Area of Special Flood Hazard |
• | Base Flood |
• | Flood or Flooding |
• | Floodway |
• | Floodway Fringe |
• | Special Flood Hazard Area |
Floodway - See Flood-Related Definitions
Floodway Fringe - See Flood-Related Definitions
Floor Area
Floor Area Ratio (FAR)
Flush Pitched Roof Sign - See Chapter 18.435, Signs
Food Cart
Food Cart Pod
Freestanding Sign - See Chapter 18.435, Signs
Freeway Interchange - See Chapter 18.435, Signs
Freeway-Oriented Sign - See Chapter 18.435, Signs
Frontage
Front Lot Line - See Lot-Related Definitions
-G- |
Garage
Garage Setback
Glare
Guyed Tower - See Wireless Communication Facility-Related Definitions
-H- |
Hazard Tree - See Tree-Related Definitions
Hazard Tree Abatement - See Tree-Related Definitions
Hazard Tree Owner or Responsible Party - See Tree-Related Definitions
Heritage Tree - See Tree-Related Definitions
Home Occupation
Homeowners Association
Household
-I- |
Immediate or Serious Danger - See Chapter 18.435, Signs
Impact Analysis
Impervious Surface
Improvement
Industrial Park - See Chapter 18.435, Signs
Ingress
Intensification
Interior Lot - See Lot-Related Definitions
-L- |
Land Form Alteration
Landscape Architect
Landscaping
Lattice Tower - See Wireless Communication Facility-Related Definitions
Lawn Sign - See Chapter 18.435, Signs
Legal Entity
Legislative
Lighting Methods - See Chapter 18.435, Signs
Loading Area - See Loading Space
Loading Space
Lot - See Lot-Related Definitions
Lot Area - See Lot-Related Definitions
Lot Averaging - See Lot-Related Definitions
Lot Consolidation - See Lot-Related Definitions
Lot Coverage - See Lot-Related Definitions
Lot Depth - See Lot-Related Definitions
Lot Line - See Lot-Related Definitions
Lot Line Adjustment - See Lot-Related Definitions
Lot of Record - See Lot-Related Definitions
Lot-Related Definitions:
• | Corner Lot |
• | Flag Lot |
• | Front Lot Line |
• | Interior Lot |
• | Lot |
• | Lot Area |
• | Lot Averaging |
• | Lot Consolidation |
• | Lot Coverage |
• | Lot Depth |
• | Lot Line |
• | Lot Line Adjustment |
• | Lot of Record |
• | Lot Width |
• | Rear Lot Line |
• | Side Lot Line |
• | Street Side Lot Line |
• | Sublot Plat |
• | Tax Lot |
• | Through Lot |
• | Tract |
• | Unit of Land |
• | Zero Lot Line |
Lot Width - See Lot-Related Definitions
-M- |
Maintenance - See Chapter 18.435, Signs
Manufactured Home - See Dwelling-Related Definitions
Marijuana
Marijuana Facility
Marquee
Median Tree - See Tree-Related Definitions
Mitigation
Mixed-Use Building
Mixed-Use Development
Mobile Home
Mobile Home Park
Monopole - See Wireless Communication Facility-Related Definitions
Moving Sign - See Rotating Sign
-N- |
Noise
Nonconforming Circumstance
Nonconforming Sign - See Chapter 18.435, Signs
Nonresidential Development
Nonresidential Use
Non-Structural Trim - See Chapter 18.435, Signs
Non-Tower - See Wireless Communication Facility-Related Definitions
Nuisance Tree - See Tree-Related Definitions
-O- |
Occupancy Permit
Off-Site Impact
Off-Site Improvement
Open Grown Tree - See Tree-Related Definitions
Open Soil Volume - See Tree-Related Definitions
Outdoor Storage
Owner
-P- |
Painted Wall Decorations - See Chapter 18.435, Signs
Painted Wall Highlights - See Chapter 18.435, Signs
Painted Wall Sign - See Chapter 18.435, Signs
Parapet
Park
Parking Lot
Parking Lot Tree - See Tree-Related Definitions
Parking Space
Parking Structure
Partition
Party
Path - See Transportation-Related Definitions
Perimeter
Person
Pilaster
Planning Commission
Plat
Premises - See Chapter 18.435, Signs
Primary Use
Projecting Sign - See Chapter 18.435, Signs
Provider - See Wireless Communication Facility-Related Definitions
Public Infrastructure - See Wireless Communication Facility-Related Definitions
Public Support Facilities
-Q- |
Quad - See Dwelling-Related Definitions
Quasi-Judicial
-R- |
Reader-Board Sign - See Chapter 18.435, Signs
Rear Lot Line - See Lot-Related Definitions
Recreational Vehicles
Remodel
Reserve Strip
Residence
Revolving Sign - See Rotating Sign
Right-of-Way - See Transportation-Related Definitions
Road - See Transportation-Related Definitions
Roof
Roof Line - See Chapter 18.435, Signs
Roof Sign - See Chapter 18.435, Signs
Rotating Sign - See Chapter 18.435, Signs
Rowhouse - See Dwelling-Related Definitions
-S- |
Setback
Shopping Center - See Chapter 18.435, Signs
Shopping Plaza - See Chapter 18.435, Signs
Side Lot Line - See Lot-Related Definitions
Sidewalk - See Transportation-Related Definitions
Sign - See Chapter 18.435, Signs
Sign Projection - See Chapter 18.435, Sign
Sign Structure - See Chapter 18.435, Signs
Significant Tree Grove - See Tree-Related Definitions
Single Detached House - See Dwelling-Related Definitions
Site
Slope
Small Cell - See Wireless Communication Facility-Related Definitions
Special Flood Hazard Area - See Flood-Related Definitions
Specified Anatomical Areas - See Adult Entertainment-Related Definitions
Specified Sexual Activities - See Adult Entertainment-Related Definitions
Square Footage
Stand (of Trees) - See Tree-Related Definitions
Stand Grown Tree - See Tree-Related Definitions
Story
Street - See Transportation- Related Definitions
Street Tree - See Tree-Related Definitions
Structural Alteration - See Chapter 18.435, Signs
Structure
Subdivision
Substantial Improvement
-T- |
Tax Lot - See Lot-Related Definitions
Temporary Sign - See Chapter 18.435, Signs
Temporary Use
Through Lot - See Lot-Related Definitions
Tigard-Based Nonprofit Organization
Tiny House - See Dwelling-Related Definitions
Tower - See Wireless Communication Facility-Related Definitions
Traffic Flow Plan
Tract - See Lot-Related Definitions
Trail - See Transportation-Related Definitions
Transom
Transportation-Related Definitions:
• | Active Transportation Facility |
• | Active Transportation Network |
• | Alley |
• | Bike Lane |
• | Bikeway |
• | Path |
• | Right-of-Way |
• | Road |
• | Sidewalk |
• | Street |
• | Trail |
Tree - See Tree-Related Definitions
Tree Canopy - See Tree-Related Definitions
Tree Canopy Cover, Effective - See Tree-Related Definitions
Tree Care Industry Standards - See Tree-Related Definitions
Tree-Related Definitions:
• | Caliper |
• | Certified Arborist |
• | Covered Soil Volume |
• | Development Impact Area |
• | Diameter at Breast Height (DBH) |
• | Dripline |
• | Hazard Tree |
• | Hazard Tree Abatement |
• | Hazard Tree Owner or Responsible Party |
• | Heritage Tree |
• | Median Tree |
• | Nuisance Tree |
• | Open Grown Tree |
• | Open Soil Volume |
• | Parking Lot Tree |
• | Significant Tree Grove |
• | Stand (of Trees) |
• | Stand Grown Tree |
• | Street Tree |
Tower - See Wireless Communication Facility-Related Definitions
Traffic Flow Plan
Tract - See Lot-Related Definitions
Trail - See Transportation-Related Definitions
Transom
Transportation-Related Definitions:
• | Alley |
• | Bike Lane |
• | Bikeway |
• | Path |
• | Right-of-Way |
• | Road |
• | Sidewalk |
• | Street |
• | Trail |
Tree - See Tree-Related Definitions
Tree Canopy - See Tree-Related Definitions
Tree Canopy Cover, Effective - See Tree-Related Definitions
Tree Care Industry Standards - See Tree-Related Definitions
Tree-Related Definitions:
• | Caliper |
• | Certified Arborist |
• | Covered Soil Volume |
• | Development Impact Area |
• | Diameter at Breast Height (DBH) |
• | Dripline |
• | Hazard Tree |
• | Hazard Tree Abatement |
• | Hazard Tree Owner or Responsible Party |
• | Heritage Tree |
• | Median Tree |
• | Nuisance Tree |
• | Open Grown Tree |
• | Open Soil Volume |
• | Parking Lot Tree |
• | Significant Tree Grove |
• | Stand (of Trees) |
• | Stand Grown Tree |
• | Street Tree |
• | Tree |
• | Tree Canopy |
• | Tree Canopy Cover, Effective |
• | Tree Care Industry Standards |
• | Tree Removal |
• | Tree Risk Assessor |
• | Understory Tree |
Tree Removal - See Tree-Related Definitions
Tree Risk Assessor - See Tree-Related Definitions
Turret
-U- |
Understory Tree - See Tree-Related Definitions
Use
-V- |
Visible Transmittance
Vision Clearance Area
Visual Obstruction
-W- |
Wall Sign - See Chapter 18.435, Signs
Wetlands
Window
Wireless Communication Facility - See Wireless Communication Facility-Related Definitions
Wireless Communication Facility-Related Definitions:
• | Antenna |
• | Collocation |
• | FAA |
• | FCC |
• | Guyed tower |
• | Lattice tower |
• | Monopole |
• | Non-tower |
• | Provider |
• | Public Infrastructure |
• | Small Cell |
• | Tower |
• | Wireless Communication Facility |
-Z- |
Zero Lot Line - See Lot-Related Definitions
(Ord. 17-22 §2; Ord. 18-23 §2; Ord. 18-28 §1; Ord. 20-01 §1; Ord. 22-06 §2; Ord. 22-10 §2; Ord. 23-09, 12/12/2023; Ord. No. 24-05, 4/23/2024)
§ 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. "Abut" - "Accept" - "Access" - "Accessible" - "Accessory structure" - "Accessory use" - "Addition" - Adult entertainment-related definitions:a. b. c. d. "Aisle" - "Allowed use" - "Alternative access" - "Amendment" - "Amenity" - "Annexation" - "Antenna" - "Approval authority" - "Approved plan" - "Arcade" - "Awning" -
"A" definitions.
Joined by a common boundary line or point. Synonymous with adjacent, adjoining, and contiguous.
To receive as complete and in compliance with all submittal requirements.
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.
Designed in a manner to ensure access for persons with disabilities, in accordance with all state and federal regulations.
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.
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.
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."
"Adult bookstore" -
An establishment characterized by 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..
"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.
"Specified anatomical areas" -
Uncovered or less than opaquely covered, post-pubertal human genitals, pubertal human genitals, pubic areas, post-pubertal human female breasts below a point immediately above the top of the areola, or the covered human male genitals in a discernibly turgid state.
"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.
The corridor by which cars enter and depart parking spaces.
Any use allowed in a base zone and subject to the development standards of that base zone.
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.
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.
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.
The incorporation of a land area into the City of Tigard with a resulting change in the boundaries of the city.
A device used to transmit or receive radio or electromagnetic waves between land- or satellite-based structures.
Either the Director, the initial hearing body, or the council, depending on the context in which the term is used.
A plan that has been granted final approval by the appropriate approval authority.
An exterior covered passageway along a building facade that is open to the street frontage.
A covered area extending from the wall of a building, usually extending above a sidewalk providing shelter or sunshade.
B. "Basement" - "Bay" - "Belt course" - "Berm" - "Buildable area" - "Building" - "Building, primary" - "Building height" - "Building permit" - "Business" -
"B" definitions.
Any floor level below the first story in a building that does not meet the definition of a story.
(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.
A horizontal band or molding set in the face of a building as a design element (also called a string course).
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.
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.
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.
A building in which the primary use of a property is conducted.
The exterior vertical measurement of a building. See Section 18.40.040.
Written permission issued by the proper municipal authority for the construction, repair, alteration, or addition to a structure. Also see "development permit."
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. "Carport" - "Change of use" - "City" - "Column" - "Common wall" - "Complex" - "Conditional use" - "Cornice" - "Council" - "Covered parking" - "Cul-de-sac" -
"C" definitions.
A single-story building, or portion thereof, that contains one or more parking spaces for the storage of vehicles or bicycles. A carport does not contain parking aisles for internal maneuvering and circulation and may be partially enclosed.
Any use that differs from the previous use as provided in Chapter 18.60, Use Categories.
The area within the territorial limits of the City of Tigard, Oregon.
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.
A wall or joined walls that share a boundary to provide separation of interior spaces.
A structure or group of structures developed on one or more contiguous units of land and developed as part of an overall development plan.
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.
Decorative projection or crown along the top of a wall or roof.
The City Council of Tigard, Oregon.
A single-story building that contains multiple parking spaces for the storage of vehicles or bicycles, or a multi-story building that partially or completely covers one or more parking spaces with the horizontal extension of the second story beyond the vertical walls of the first story. A covered parking area may contain parking aisles for internal maneuvering and circulation and may be partially enclosed.
The circular turnaround at the end of a dead-end street.
D. "Dedication" - "Deed" - "Demolish" - "Density" - "Density bonus" - "Density transfer" - "Development" - "Development permit" - "Development site" - "Director" - "Drainage way" - "Drive-through service" - "Driveway" - Dwelling unit-related definitions:a. b. c. d. e. f. g. h. i. j. k. l.
"D" definitions.
The limited grant by a property owner of property for specified purposes by the public.
A legal document conveying ownership of real property.
To raze, destroy, dismantle, deface, or in any other manner cause partial or total ruin of a building or structure.
The intensity of residential land uses, usually stated as the number of dwelling units per acre or as the number of buildable lots per acre, in the case of small form residential development. See Section 18.40.130.
Additional dwelling units or lots that can be earned as an incentive for providing undeveloped open space, landscaping, or tree canopy as defined further in this title.
The transfer of all or part of the required density from one part of a development site to another part.
(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.
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.
A lot or combination of lots upon which one or more buildings or other improvements are constructed.
The Director of Community Development for the City of Tigard, Oregon, or designee.
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.
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.
A private way providing ingress and egress from one or two units of land to a public or private street.
"Dwelling unit" -
A structure or portion thereof that is used for human habitation including permanent provisions for sleeping, cooking, and sanitation.
"Accessory dwelling unit" -
An additional dwelling unit on the same lot with a primary dwelling unit or units. For the purposes of this title, attached and internal accessory dwelling units are considered small form residential development and detached accessory dwelling units are considered accessory dwelling units.
"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.
"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.
"Cottage cluster" -
A group of small detached dwelling units located on a single lot or group of lots where common areas and parking are shared.
"Courtyard units" -
A group of small attached dwelling units located on a single lot or group of lots where common areas and parking are shared.
"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.
"Manufactured home" -i. ii. iii.
A structure that meets all of the following:
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;
Permanently anchored to the ground; and
Complies with the minimum requirements for permanent connection of electrical and plumbing systems.
"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.
"Rowhouse" -
A type of attached housing that shares a common sidewall with one or more dwelling units, but excluding apartments, courtyard units, and quads. A rowhouse is considered the same as a townhouse within the meaning of state law.
"Single detached house" -
One dwelling unit, freestanding and structurally separated from any other dwelling unit or buildings, but excluding mobile homes, detached accessory dwelling units, and units in cottage cluster developments.
"Small form residential" -
One single detached house or up to three attached dwelling units on the same lot, which as a whole are freestanding and structurally separated from any other buildings. Small form residential includes duplexes, triplexes, and attached and internal accessory dwelling units within the meaning of state law. Small form residential does not include mobile homes, detached accessory dwelling units, or dwelling units in cottage cluster, courtyard unit, quad, or rowhouse developments.
E. "Easement" - "Eaves" - "Ecoroof" - "Egress" - "Enlargement" - "Entrance" - "Exception" -
"E" definitions.
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.
The lower edge of a sloping roof; that part of a roof of a building or structure that projects beyond the wall.
A thin vegetated roof system, sometimes designed to manage stormwater, built with the following layers starting at the bottom: waterproof membrane, drainage material, a lightweight layer of soil, and a cover of plants.
An exit.
Any physical expansion of an existing structure, construction of a new structure, or purchase or lease of an existing structure on the same site or an adjacent lot. Enlargement also includes any increase to the size of the site through processes such as the purchase or lease of adjacent lots, lot line adjustments, or lot consolidations. Enlargement may or may not result in intensification of the use. Also see "intensification."
The space comprising a door and any flanking or transom windows associated with a building or structure.
Permission to depart from a specific design or development standard in the Community Development Code of the City of Tigard.
F. "Face" - "Family day care" - "Fee in lieu" - "Fence, sight-obscuring" - "Final decision" - "Findings" - Flood-related definitions:a. b. c. d. e. f. "Floor area" - "Floor area ratio (FAR)" - "Food cart" - "Food cart pod" - "Food truck" - "Frontage" -
"F" definitions.
To front upon.
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".
Payments in cash as an alternative to a dedication of land or construction of improvements required as a condition of a land use approval.
A barrier consisting of wood, metal, masonry, or similar materials, which obstructs vision.
A determination reduced to writing, signed, and filed by the appropriate approval authority.
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.
"Area of special flood hazard" -
The land in the floodplain within a community subject to a one percent or greater chance of flooding in any given year. It is shown on the Flood Insurance Rate Map (FIRM) as Zone A, AO, AH, A1-30, AE, A99, or AR. "Special flood hazard area" is synonymous in meaning and definition with the phrase "area of special flood hazard."
"Base flood" -
A flood having a one percent chance of being equaled or exceeded in any given year.
"Flood" or "flooding" -i. ii. iii.
A general and temporary condition of partial or complete inundation of normally dry land areas from:
The overflow of inland or tidal waters.
The unusual and rapid accumulation or runoff of surface waters from any source.
Mudslides (i.e., mudflows) which are proximately caused by flooding as defined in subsection c.ii of this definition and are akin to a river of liquid and flowing mud on the surfaces of normally dry land areas, as when earth is carried by a current of water and deposited along the path of the current.
"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.
"Floodway fringe" -
The area of the special flood hazard area lying outside of the floodway.
"Special flood hazard area" -
See "Area of special flood hazard" above, for this definition.
The gross horizontal area, under a roof, of all floors of a building or structure. See Section 18.40.100.
The floor area of all buildings and structures on a lot divided by the total lot area. See Section 18.40.110.
A mobile vehicle, from which food or beverages are served to walk-up customers, that is designed and licensed to be driven under its own power or pulled by another vehicle. A food cart may occupy the same property for an indefinite period of time through an approved food cart permit. An approved food cart is not considered a building as long as its wheels remain attached and operational and it meets the definition of a vehicle under ORS.
A food cart pod is a standalone use that consists of four or more food carts and associated amenities on the same site.
A mobile vehicle, from which food or beverages are served to walk-up customers, that is designed an licensed to be drive under its own power or pulled by another vehicle. A food truck does not occupy the same property for more than 12 hours in any 24-hour period, or more than seven days in any one-month period.
That portion of a development site that abuts a public or private street.
G. "Garage" - "Garage setback" - "Glare" -
"G" definitions.
A fully-enclosed building, or portion thereof, that contains one or more parking spaces for the storage of vehicles or bicycles. A garage does not contain any parking aisles for internal maneuvering or circulation.
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.
The effect produced by brightness sufficient to cause annoyance, discomfort, or loss in visual performance and visibility.
H. "Home occupation" - "Homeowners association" - "Household" -
"H" definitions.
A business located in or on the same lot as a dwelling unit and operated by a resident of that dwelling unit.
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.
A group of related or unrelated individuals living together in a dwelling unit.
I. "Impact analysis" - "Impervious surface" - "Improvement" - "Ingress" - "Intensification" -
"I" definitions.
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.
Any material that prevents absorption of stormwater into the ground.
Any permanent structure that becomes part of, placed upon, or is affixed to property.
Access or entry.
Any operational expansion of an existing use that has more than minimal impacts on surrounding properties, sensitive lands, or public facilities. Intensification may or may not include physical enlargement. Also see "enlargement."
J.
"J" definitions.
[Reserved]
K.
"K" definitions.
[Reserved]
L. "Land form alteration" - "Landscape architect" - "Landscaping" - "Legal entity" - "Legislative" - "Loading space" or "loading area" - Lot-related definitions:a. b. c. d. e. f. g. h. i. j. k. l. m. n. o. p. q. r. s. t. u. v. w.
"L" definitions.
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.
An individual registered with the Oregon State Landscape Architect Board as a registered landscape architect.
Areas primarily devoted to plants, including trees, shrubs, and groundcover, with or without other natural or artificial landscaping elements such as ponds, fountains, lighting, benches, bridges, rocks, paths, sculptures, trellises, or screens.
Includes, but is not limited to, individual proprietorships, partnerships, corporations, nonprofit corporations, associations, or joint stock companies.
A land use decision that applies to a large number of individuals or properties.
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.
"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.
"Corner lot" -
A unit of land situated at the intersection of two streets where the interior angle of such intersection does not exceed 135º.
"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 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.
"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.
"Interior lot" -
A unit of land other than a corner lot and having frontage on only one street.
"Lot area" -
The total horizontal area within the lot lines of a unit of land.
"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.
"Lot consolidation" -
The elimination of a common lot line between two or more units of land to form one lot.
"Lot coverage" -
The percentage of lot area covered by the horizontal projection of all structures, buildings, and other impervious surfaces.
"Lot depth" -
The distance from the midpoint of the front lot line to the midpoint of the rear lot line.
"Lot line" -
The property line bounding a unit of land.
"Lot line adjustment" -
The relocation of recorded lot lines that does not result in the creation of an additional unit of land.
"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:
"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.
"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.
"Side lot line" -
Any lot line that is not a front or rear lot line.
"Street side lot line" -
A side lot line that abuts a street.
"Sublot" -
A unit of land resulting from a sublot plat. A sublot is not considered a lot and is created solely for platting and property transfer purposes. Each sublot is considered part of the lot from which it was created and is not further divisible. Each sublot must contain only one dwelling unit.
"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.
"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.
"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.
"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. "Marijuana" - "Marijuana facility" - "Marquee" - "Mitigation" - "Mixed-use building" - "Mixed-use development" - "Mobile home" - "Mobile home park" -
"M" definitions.
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.
A commercial or public use or structure where marijuana is produced, processed, distributed, transferred, sold, or consumed.
A permanent roof-like shelter over an entrance to a building or structure.
Methods used to alleviate or lessen the impact of development.
See "mixed-use development."
A multi-story building with a residential use on the upper stories and civic, commercial, or industrial uses on at least the first story.
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.
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.
N. "Noise" - "Nonconforming circumstance" - "Nonresidential development" - "Nonresidential use" -
"N" definitions.
Any undesired audible sound.
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.
A development that contains a civic, commercial, or industrial use and no residential uses. Also see "mixed-use development."
A civic, commercial, or industrial use as provided in Chapter 18.60.
O. "Occupancy permit" - "Off-site impact" - "Off-site improvement" - "Outdoor storage" - "Owner" -
"O" definitions.
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.
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.
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.
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.
Any person, agent, firm, or corporation having legal or equitable interest in the property.
P. "Parapet" - "Park" - "Parking lot" - "Parking space" - "Parking structure" - "Partition" -a. b. c. "Party" - "Perimeter" - "Person" - "Pilaster" - "Planning Commission" - "Plat" - "Primary use" - "Public support facilities" -
"P" definitions.
A low, solid, protective screening or decorative wall as an extension of exterior building walls beyond the roof or deck level.
Any unit of land set apart and devoted to the purposes of pleasure, recreation, ornament, light, and air for the general public.
An uncovered paved area that includes multiple parking spaces and parking aisles for internal maneuvering and circulation.
A clearly defined area used to store a single vehicle or bicycle that meets the minimum standards of this title.
A single- or multi-story building, or portion thereof, that contains multiple parking spaces for the storage of vehicles or bicycles. A parking structure contains parking aisles for internal maneuvering and circulation.
Division of a unit of land into two or three lots 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:
Divisions of land resulting from lien foreclosures, foreclosures of recorded contracts for the sale of real property, or creation of cemetery lots;
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
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.
A person who makes an appearance in a proceeding through the submission of either written or verbal evidence.
The boundaries or borders of a unit of land.
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.
An ornamental or functional column or pillar incorporated into a wall.
The Planning Commission of the City of Tigard, Oregon.
A final map, diagram, or other writing containing all the descriptions, specifications, and provisions concerning a land division.
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.
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. "Quasi-judicial" -
"Q" definitions.
Action that involves the application of adopted policy to a specific land use application or amendments.
R. "Recreational vehicles" - "Regulated affordable housing" -a. b. "Remodel" - "Reserve strip" - "Residence" - "Roof" -
"R" definitions.
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.
Housing units that are made affordable through public subsidies or statutory regulations that restrict or limit resident income levels, rents, or mortgages, including any ancillary fees. Regulated affordable housing must:
Be subject to a local, state, or federal compliance agreement or contract with a minimum term of at least 20 years; and
Be affordable to households at or below 80% median family income as defined annually by Housing and Urban Development (HUD) for the Portland-Vancouver Metropolitan Statistical Area (MSA).
An internal or external modification to an existing building or structure that does not increase the lot coverage.
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.
See "Dwelling unit."
The exterior surface and its supporting structure on the top of a building or structure.
S. "Setback" "Site" - "Slope" - "Square footage" - "Story" "Structure" - "Subdivision" - "Substantial improvement" -a. b. i. ii.
"S" definitions.
(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."
Any unit of land or combination of contiguous units of land.
The deviation of a surface from the horizontal, usually expressed in percent or degrees.
For lot square footage, see "gross lot area." For building square footage, see "floor area."
– See Oregon Residential Specialty Code.
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.
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.
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:
Before the improvement or repair is started; or
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:
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
Any alteration of a structure listed on the National Register of Historic Places or a State Inventory of Historic Places.
T. "Temporary use" - "Tigard-based nonprofit organization" - "Traffic Flow Plan" - "Transom" - Transportation-related definitions:a. b. c. d. e. f. g. h. i. j. k. Tree-related definitions:a. b. c. d. e. f. g. h. i. j. k. l. m. n. o. p. q. r. s. t. u. v. w. x. y. z. "Turret" -
"T" definitions.
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.
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.
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.
A horizontal glass plane, typically encased in a wood or metal frame that separates the storefront from the upper facade.
"Active transportation facility"A transportation facility that is designed to accommodate pedestrians, bicyclists, or transit users and not located within or across a typical street cross section, such as a sidewalk, bicycle lane, or crosswalk. Typical active transportation facilities include public sidewalks, trails, paths, and other related improvements such as transit stations, mid-block street crossings, enhanced street crossings, and end-of-trip accessory facilities such as bicycle parking.
"Active transportation network"A series of connected active transportation facilities for travel to, from, and within the city and large development sites. The active transportation network is inclusive of established transit routes since most transit users start and end their trips as pedestrians.
"Alley"A minor way that is used primarily for vehicular service access to the back or side of properties otherwise abutting on a street.
"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.
"Bikeway"A path, paved and separated from streets and sidewalks, designed to be used by cyclists.
"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.
"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.
"Road"See "Street."
"Sidewalk"A paved on-street transportation facility for pedestrians.
"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. Interstate 5 and Highway 217 are not considered streets. Also see "right-of-way."
"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.
"Caliper" -
The tree care industry standard for measuring the trunk diameter of nursery stock. Caliper is the average diameter of the trunk of a nursery tree measured six inches above the ground for trunks less than or equal to an average of four inches in diameter (when measured six inches above ground). When the trunk of a nursery tree is greater than an average of four inches in diameter (when measured six inches above ground), caliper is the average diameter at 12 inches above ground (See Figure 18.30.1).
Figure 18.30.1 Caliper  |
"Certified arborist" -
An individual certified by the International Society of Arboriculture as a certified arborist.
"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.
"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.
"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.
"Dripline" -
The outer limit of a tree canopy projected to the ground.
"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.
"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.
"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.
"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.
"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.
"Nuisance tree" -
Any tree included on the Nuisance Tree List in the Urban Forestry Manual.
"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.
"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.
"Parking lot tree" -
Any tree used to meet minimum parking lot landscaping requirements.
"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."
"Stand (of trees)" -
A distinct area of stand grown trees, often predominantly native and with contiguous canopies, which form a visual or biological unit.
"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.
"Street tree" -
Any tree equal to or greater than 1.5 inch caliper or DBH within a public right-of-way under City of Tigard jurisdiction or easement for public access under City of Tigard jurisdiction, or any tree equal to or greater than 1.5 inch caliper or DBH outside of a public right-of-way or easement for public access that the city can demonstrate was planted or preserved as a street tree to meet the requirements for a city permit or project. Median trees are not considered street trees.
"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.
"Tree canopy" -
The area above ground that is covered by the trunk, branches, and foliage of a tree or group of trees' crowns.
"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.
"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.
"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.
"Tree risk assessor" -
An individual deemed qualified by the International Society of Arboriculture to conduct tree risk assessments.
"Understory tree" -
Any tree that is adapted to grow and complete its lifecycle within the shade and beneath the canopy of another tree.
A very small and slender tower attached to a larger building.
U. "Use" -
"U" definitions.
The purpose for which land or a structure is designed, arranged, or intended, or for which it is occupied or maintained.
V. "Visible transmittance" - "Vision clearance area" - "Visual obstruction" -
"V" definitions.
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.
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.
Any fence, hedge, tree, shrub, device, wall, or structure between the elevations of three feet and eight feet above the adjacent curb height or above the elevation of gutter line of street edge where there is no curb, as determined by the Public Works Director or City Engineer, and so located at a street, drive, or alley intersection as to limit the visibility of pedestrians or persons in motor vehicles on said streets, drives, or alleys.
W. "Wetlands" -a. b. c.
"Window" - Wireless communication facility-related definitions:a. b. c. d. e. f. g. h. i. j.
"W" definitions.
Land often called swamp, marsh, or bog that exhibits all of the following characteristics:
The land supports hydrophytic vegetation. This occurs when more than 50 percent of the dominant species from all strata are classified as wetland species;
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
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. |
Any opening constructed in a wall to admit light or air, framed and spanned with glass.
"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.
"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.
"FAA" -
The Federal Aviation Administration.
"FCC" -
The Federal Communications Commission.
"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.
"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.
"Public infrastructure" -
structures in the public right-of-way that are in public ownership or are supportive of public or private utilities.
"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:
"Tower" -i. ii. iii.
A new structure, tower, pole, or mast erected to support wireless communication antennas and connecting appurtenances. Support structure types include:
"Guyed tower" -
A tower that is supported by the use of cables (guy wires) that are permanently anchored;
"Lattice tower" -
A tower characterized by an open framework of lateral cross members that stabilize the tower;
"Monopole" -
A single upright pole, engineered to be self-supporting and requiring no guy wires or lateral cross-supports.
"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. 17-22 §2; Ord. 18-21 §2; Ord. 18-23 §2; Ord. 18-28 §1; Ord. 19-09 §1; Ord. 20-01 §1; Ord. 22-06 §2; Ord. 22-10 §2; Ord. 23-09, 12/12/2023; Ord. No. 24-05, 4/23/2024; Ord. 25-01, 1/28/2025)
§ 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:
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:
(Ord. 17-22 §2; Ord. 18-23 §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  |
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  |
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.
Figure 18.40.3 Measuring Vehicle Travel Areas  |
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  |
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.
I.
Measurement of distance between transit line and property. The distance between a transit line and a property is the shortest straight-line distance from the property lines and the edge of the nearest right-of-way where fixed-route public transit service is provided.
(Ord. 17-22 §2; Ord. 18-23 §2; Ord. 22-06 §2)
§ 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  |
Figure 18.40.6 Building Height- Base Point 1 | Figure 18.40.7 Building Height- Base Point 2 |
|---|---|
 | |
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  |
2.
Measuring height of decks. Deck height is determined by measuring from the ground to the top of the floor of the deck if there is no rail or if the rail walls are more than 50 percent open, and from the ground to the top of the rails for all other situations.
(Ord. 17-22 §2; Ord. 18-23 §2; Ord. 18-28 §1)
§ 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  |
(Ord. 17-22 §2; Ord. 18-23 §2; Ord. 20-01 §1)
§ 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  |
B.
Lot frontage is measured along the front lot line as shown in the figure below.
Figure 18.40.11 Lot Frontage  |
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.
Figure 18.40.12 Segmented Lot Lines  |
(Ord. 17-22 §2; Ord. 18-23 §2; Ord. 18-28 §1; Ord. 19-09 §1)
§ 18.40.070 Setbacks.
Setbacks are measured from the corresponding property line unless otherwise stated. For example, a side setback is measured from a side property line.
(Ord. 17-22 §2; Ord. 18-23 §2; Ord. 22-06 §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  |
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.
Figure 18.40.15 Lot Width and Depth for Flag Lots  |
C.
Front setback determination. The owner or developer of a flag lot may determine the location of the front setback, provided no side setback area is less than 10 feet.
(Ord. 17-22 §2; Ord. 18-23 §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  |
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.
Figure 18.40.17 Measuring Existing Trees with an Angle or on Slopes  |
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  |
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  |
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. 17-22 §2; Ord. 18-23 §2; Ord. 18-28 §1)
§ 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  |
(Ord. 18-23 §2; Ord. 19-09 §1)
§ 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  |
(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.
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. 18-23 §2; Ord. 19-09 §1; Ord. 22-06 §2)
§ 18.40.130 Residential Density.
A.
Residential density for apartments development. The minimum and maximum density for apartments is provided in Table 18.230.
B.
Residential density for other housing types. Minimum and maximum residential density for cottage clusters, courtyard units, rowhouses, quads, and small form residential development are determined by the minimum and maximum lot sizes provided in Chapter 18.805 Lot Standards and the applicable development standards chapters for each housing type in Chapter 18.200.
C.
Fractions. When a density calculation results in a fraction, the result will be rounded down to the nearest consecutive whole number.
(Ord. 18-23 §2; Ord. 19-09 §1; Ord. 22-06 §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)
§ 18.40.150 Parking Lots.
Parking lot area is the sum of all paved surfaces on a development site that are designed for vehicle access, storage, maneuvering, and loading, inclusive of curbs, landscape islands, and the first five feet of any other landscape area adjacent to the paved areas. Paved areas for the exclusive use of pedestrians or bicycles, paved areas underneath conditioned space within a building, and parking structures of two stories or more, are excluded from this calculation, even if they are contiguous with the parking lot.
(Ord. 23-08, 12/5/2023)
§ 18.50.010 Purpose.
The purpose of this chapter is to allow certain nonconforming lots, structures, uses, and development to continue but to prohibit their enlargement, expansion, or extension.
(Ord. 17-22 §2; Ord. 18-23 §2)
§ 18.50.020 General Provisions.
A.
Nonconforming circumstances are lots, structures, uses, and site improvements that were lawful when established, but would not be allowed under current regulations as a result of a change to the applicable base zone, plan district, or development standards.
B.
The status of a nonconforming circumstance is not affected by changes in ownership or tenancy.
C.
A nonconforming circumstance may be changed to a conforming circumstance by right. Once a conforming circumstance occupies a site or the lot is brought into conformance, the nonconforming rights are lost and the nonconforming circumstance may not be re-established.
(Ord. 17-22 §2; Ord. 18-23 §2; Ord. 22-06 §2; Ord. No. 24-05, 4/23/2024)
§ 18.50.030 Determination of Nonconforming Use Status.
A determination regarding the legal status of a nonconforming circumstance is processed through a Director determination, as provided in Chapter 18.730, Director Determinations. A nonconforming use is determined to be legal when both of the following are met:
A.
The applicant has provided proof that the use was lawful at the time it was established, by one or more of the following:
B.
The applicant has provided proof that the use has been maintained over time. This proof must include copies of one or more of the following for every other year from the time the use was established until the current year:
(Ord. 17-22 §2; Ord. 18-23 §2)
§ 18.50.040 Criteria for Nonconforming Situations.
A.
Nonconforming lots.
1.
Except as provided in Paragraph 18.50.040.A.2 and Subsections 18.50.040.B and C, development of nonconforming lots and enlargement, modification, or reconstruction of uses on nonconforming lots are prohibited.
4.
If a nonconforming lot is contiguous with another lot in common ownership, the following provisions apply:
a.
The lots involved are considered to be an undivided unit of land for the purposes of this title;
b.
Conveyance, transfer, or use of the lots or any portion of the lots in any manner that violates this title is prohibited; and
c.
Division of the lots in a manner that results in a nonconforming lot is prohibited.
B.
Nonconforming uses.
1.
A nonconforming use may be continued when all of the following are met. Any other subsequent use must meet all applicable standards of this title.
a.
The nonconforming use and the building or buildings it occupies are not enlarged;
b.
If the nonconforming use occupies a building that is accidentally damaged or destroyed by fire, flood, earthquake, or other natural disaster so that the building or tenant space cannot be occupied, it is discontinued for no longer than six months following the date the new building receives final certificate of occupancy; and
c.
The nonconforming use is not discontinued for any reason, other than accidental damage or destruction of the building it occupies, for a period of more than 18 months. The 18-month period begins when the last of the following occurs:
2.
Once an allowed or conditional use occupies the site, the nonconforming rights are lost and a nonconforming use may not be re-established.
C.
Nonconforming development.
1.
Where a lawful structure or development exists that could not be built under the terms of this title by reason of restrictions on lot area, lot coverage, height, required parking, landscaping, or other requirements, such structure or development may remain and its use continued provided it remains otherwise lawful and complies with the following:
a.
The nonconforming structure or development may not be enlarged or altered in a way that increases its nonconformity;
b.
If a nonconforming structure, development, or nonconforming portion of a structure or development is destroyed by any means to an extent of more than 60 percent of its current value as assessed by the Washington County assessor, reconstruction is prohibited except in conformity with this title. This prohibition does not apply to small form residential development or regulated affordable housing that is destroyed by accident, such as by fire, flood, or earthquake; and
c.
If a structure or development is moved any distance for any reason, it must thereafter comply with all applicable development standards.
(Ord. 17-22 §2; Ord. 18-23 §2; Ord. 18-28 §1; Ord. 22-06 §2; Ord. No. 24-05, 4/23/2024)
§ 18.50.050 Repairs and Maintenance.
A.
Routine repairs and maintenance. On any nonconforming structure or portion of a structure containing a nonconforming circumstance, normal repairs, or replacement of roofs, non-bearing walls, fixtures, wiring, or plumbing may be performed in a manner not in conflict with the provisions of this chapter.
B.
Restoration to safe condition. Nothing in this chapter prevents the strengthening or restoring to a safe condition of any building or part thereof declared to be unsafe by any official charged with protecting the public safety, upon order of such official.
(Ord. 17-22 §2; Ord. 18-23 §2)
§ 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; Ord. No. 24-05, 4/23/2024)
§ 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;
j.
Signs;
k.
How the use advertises itself; and
l.
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 Indoor Sales and Services use category rather than the Wholesale and Equipment Rental use category. This is because the actual activity on the site matches the description of Indoor Sales and Services use category.
(Ord. 10-15 §1; Ord. 18-23 §2; Ord. 18-28 §1; Ord. 20-01 §1; Ord. No. 24-05, 4/23/2024)
§ 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.
D.
Other provisions. The director will not authorize an omitted or unanticipated use in a base zone if the use category is specifically listed in another base zone as either an allowed use, restricted use, or a conditional use.
(Ord. 10-15 §1; Ord. 18-23 §2; Ord. No. 24-05, 4/23/2024)
§ 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.
(Ord. 10-15 §1; Ord. 18-23 §2; Ord. 18-28 §1; Ord. 20-01 §1; Ord. No. 24-05, 4/23/2024; )
§ 18.60.050 Civic Use Categories.
A.
Basic Utility.
1.
Characteristics: A Basic Utility is an infrastructure service that must be located in or near where the service is provided. Basic Utility uses generally do not have employees at the site other than for construction or maintenance. Service may be public or privately provided.
2.
Accessory Uses: Accessory uses may include parking; control, monitoring, data, or transmission equipment; and shelters.
3.
Examples: Examples include water towers or reservoirs, data centers, energy production including solar production as a standalone use, water quality or flow control facilities, water conveyance systems, water harvesting or re-use conveyance systems or pump stations, stormwater facilities or conveyance systems, power substations, and transit stations.
4.
Clarifications.
a.
Utility offices where employees or customers are generally present are categorized as Office.
b.
Fleet vehicle storage as a primary use is categorized as Off-Site Services.
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 categorized as Transportation and Utility Corridor.
d.
Does not include utilities proposed with or for a specific development, including solar arrays, which are considered accessory to the primary use.
C.
Detention Facility.
1.
Characteristics: A detention facility is devoted to the judicially required detention, incarceration, or supervision of people.
2.
Accessory uses: Accessory uses may include offices, recreational or health facilities, therapy facilities, maintenance facilities, or hobby or manufacturing facilities.
3.
Examples: Examples include prisons, jails, probation centers, juvenile detention homes, or related post-incarceration.
4.
Clarifications:
a.
Programs that provide care or 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 categorized as Residential use.
b.
Temporary holding cells within a police station are considered accessory to a Government Services use.
D.
Government Services.
1.
Characteristics: A Government Services use is a government-operated indoor or outdoor facility that is intended at least in part for use or access by the public.
2.
Accessory uses: Accessory uses may include office, parking, cafes, or storage.
3.
Examples: Examples include parks, libraries, city hall, police or fire stations, public plazas, or administrative offices for school or fire districts when designed as a campus.
4.
Clarifications:
a.
Does not include fleet vehicle parking as a standalone use or fleet vehicle parking with accessory office, which are categorized as Off-Site Services.
b.
Does not include administrative offices for school or fire districts located in a single office building or existing buildings, which are categorized as Office.
E.
Railroad Yard.
1.
Characteristics: A railroad yard contains multiple railroad tracks used for rail car switching, assembling of trains, or the transhipment of goods from other transportation modes to or from trains.
2.
Accessory uses: Accessory uses may include office, employee facilities, storage areas, or rail car maintenance or repair facilities.
F.
School or Religious Facility.
1.
Characteristics: A school or religious facility is an institution intended for preschool, K-12 education, or religious purposes.
2.
Accessory uses: Accessory uses may include play areas, cafeterias, recreational or sports facilities, athletic fields, auditoriums, or before- or after-school day-care.
3.
Examples: Examples include public or private daytime schools at the primary, elementary, middle, junior high, or high-school level that provide state-mandated basic education; or places of worship.
4.
Clarifications: Does not include day cares, trade schools, colleges, or vocational schools, which are categorized as Indoor Sales and Services.
G.
Temporary Shelter.
1.
Characteristics: A temporary shelter is operated by a public or non-profit agency and provides 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 cares, and athletic facilities.
3.
Examples: Examples include homeless shelters and shelters for women and children.
H.
Transportation and Utility Corridor.
1.
Characteristics: A transportation and utility corridor is a regional corridor 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, or storm sewer lines; or similar services.
2.
Accessory uses: Accessory uses may include trailhead improvements such as public restrooms or parking lots.
3.
Examples: Examples include rail trunk or feeder lines; multi-use trails; regional electrical transmission lines; or regional gas stormwater or sewage main petroleum pipelines.
4.
Clarifications:
a.
Railroad lead or spur lines for delivery of rail cars to sites or for unloading of rail cars on specific sites are considered accessory to the primary use of the site.
b.
Does not include railroad switch yards as a primary use, which are categorized as railroad yard.
c.
Transportation and utility corridors contained within motor vehicle rights-of-way are not included.
d.
Utility offices where employees or customers are generally present are categorized as Office.
I.
Wireless Communications Facility.
1.
Characteristics: A wireless communication facility includes all devices, equipment, machinery, structures, or 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 may include related ancillary equipment structures.
3.
Examples: Examples include television or AM/FM radio transmission towers, microwave relay stations, or cellular communications equipment.
(Ord. 10-15 §1; Ord. 15-05 §2; Ord. 18-23 §2; Ord. 20-01 §1; Ord. No. 24-05, 4/23/2024)
§ 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 may include parking.
3.
Examples: Examples include adult motion picture theaters, adult book stores, and topless, bottomless, and nude taverns and dance halls.
B.
Commercial Lodging.
1.
Characteristics: Commercial lodging provides for-profit shelter where tenancy is typically less than one month.
2.
Accessory uses: Accessory uses may include parking, restaurants and bars, meeting and convention facilities, and recreational facilities for guests such as pools and gym.
3.
Examples: Examples include hotels, motels, short-term rentals, rooming houses, and bed-and-breakfast establishments.
C.
Indoor Sales and Services.
1.
Characteristics: An Indoor Sales and Services use operates primarily indoors and provides the sale, lease, rental, or repair of products for the general public; or provides personal services or entertainment.
2.
Accessory uses: Accessory uses may include offices, storage of goods, parking, some limited accessory outdoor sales or activity area, or temporary outdoor activities subject to regulation in Chapter 18.440, Temporary Uses.
3.
Examples:
a.
Sales-oriented: Examples include retail stores selling, leasing, or renting goods such as bicycles, clothing, electronic equipment, furniture, groceries, hardware, home improvements, plants, household products, pets, or pharmaceuticals.
b.
Repair-oriented: Examples include on-site repair of goods such as TVs, bicycles, clocks, shoes, guns, appliances, or office equipment; photo or laundry drop off; indoor consumer-oriented recycling drop-off; tailor; locksmith; or upholsterer.
c.
Personal service-oriented: Examples include banks, day cares, hospitals, postal service, tutoring or vocational school, or pet boarding.
d.
Entertainment-oriented: Examples include restaurants or bars; food cart pods; bowling alleys, ice rinks, indoor community centers, senior centers, or game arcades; dance, martial arts, or music classes; museums or galleries; lodges or fraternal/social clubs; indoor firing ranges; or theaters, health clubs, or gyms.
4.
Clarifications:
a.
Sales, rental, and repair activity associated with motor vehicles is categorized as Mobility Hub, Motor Vehicle Fuel Sales, Motor Vehicle Sales and Rental, or Motor Vehicle Servicing.
b.
Sale and rental activity intended primarily for commercial, institutional, or industrial users, rather than for the general public, is categorized as Wholesale and Equipment Rental.
c.
Uses that primarily provide space to store products, with limited if any commercial activity on site, are categorized as Warehouse and Distribution.
d.
The repair of large-scale machinery for businesses is categorized as Industrial and Manufacturing.
e.
Entertainment uses with primarily outdoor activity are categorized as Outdoor Sales and Services.
f.
Veterinary or medical offices outside of a campus setting, such as hospitals, are categorized as Office.
D.
Major Event Entertainment.
1.
Characteristics: Major Event Entertainment is 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 may include parking, maintenance facilities, and concessions.
3.
Examples: Examples include auditoriums, stadiums, convention centers, and race tracks.
4.
Clarifications: Does not include smaller-scale, primarily indoor uses, which are categorized as Indoor Sales and Services.
E.
Mobility Hub.
1.
Characteristics: A mobility hub provides charging stations for electric transportation as a primary use and may include other on-site services including, but not limited to, last-mile drop-off for e-commerce delivery and transit stops.
2.
Accessory uses: Accessory uses may include parking, offices, storage space, convenience stores, e-commerce package drop-off, and transit stops.
3.
Examples: Examples include e-bike or e-scooter rental; or electric charging stations for cars, trucks, scooters, or bikes.
F.
Motor Vehicle Fuel Sales.
1.
Characteristics: Motor vehicle fuel sales include establishments that provide the sale of petroleum-based, natural gas, or hydrogen fuels for cars, motorcycles, trucks, recreational vehicles, or boats as a standalone primary use.
2.
Accessory uses: Accessory uses may include parking, office space, and storage space.
3.
Examples: Examples include gas stations, hydrogen fueling stations, and natural gas fueling stations.
4.
Clarifications: Does not include electric vehicle charging stations, which are either an accessory use or are categorized as a Mobility Hub use.
G.
Motor Vehicle Sales and Rental.
1.
Characteristics: Motor vehicle sales and rental involves the sale, lease, or rental of cars, motorcycles, light and heavy trucks, mobile homes, boats, and recreational vehicles.
2.
Accessory uses: Accessory uses may 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.
4.
Clarifications:
a.
Does not include the sale or rental of small rafts, kayaks, canoes, or similar scale boats sold in a retail environment, which are categorized as indoor sales and services.
b.
Does not include the rental of boats or vehicles for on-site entertainment such as whitewater centers or go-kart racetracks, which is categorized as indoor or outdoor sales and services.
H.
Motor Vehicle Servicing.
1.
Characteristics: Motor vehicle servicing is a freestanding vehicle servicing and repair establishments not accessory to new vehicle sales.
2.
Accessory uses: Accessory uses may include parking, office space, and storage space.
3.
Examples: Examples include general service stations, quick oil-change facilities, car washes, and body shops.
I.
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 not connected to the use is also categorized as non-accessory parking.
2.
Accessory uses: Accessory uses may include a ticket booth to collect fees and house security personnel.
3.
Examples: Examples include public and private structures and surface parking lots, and transit park-and-ride lots.
J.
Office.
1.
Characteristics: An office is characterized by activities that generally focus on business, professional, medical, or financial services. Offices are typically characterized by a professional or group of professionals assisted by support staff.
2.
Accessory uses: Accessory uses may include employee amenity spaces such as fitness facilities or cafeterias, parking, and storage facilities.
3.
Examples: Examples include medical, dental, veterinarian, laboratories or research and development facilities; financial services; branch or training offices; government offices not providing in-person service to the public; blood collection centers; professional offices for attorneys, architects, engineers, stockbrokers, insurance brokers, or other consultants; headquarters offices; or radio or television studios.
4.
Clarifications:
a.
Offices that are part of and are located within an establishment in another use category are considered accessory to the establishment's primary activity.
b.
Hospitals are categorized as Indoor Sales and Services.
c.
Government offices intended to provide in-person services to the public are categorized as Government Services.
K.
Outdoor Sales and Services.
1.
Characteristics: An Outdoor Sales and Services use operates primarily outdoors and provides the sale, lease or rental of products for the general public; or provides personal services or entertainment.
2.
Accessory uses: Accessory uses may include offices, storage of goods, parking, or some limited indoor sales or activity area.
3.
Examples:
a.
Sales-oriented: Examples include lumber yards and plant nurseries.
b.
Repair-oriented: Examples include outdoor consumer-oriented recycling drop-off.
c.
Personal service-oriented: Examples include outdoor kennels for animal boarding.
d.
Entertainment-oriented: Examples include outdoor firing ranges, golf courses, go-kart facilities, theme parks, or community centers with significant outdoor activity such as swimming pools or mini golf.
4.
Clarifications:
a.
Does not include the sale, lease, or rental of products to industrial or commercial users, which is categorized as wholesale and equipment rental.
b.
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, which are considered an accessory use to indoor sales and services.
c.
Indoor entertainment providers with some limited outdoor activities are categorized as indoor sales and services.
L.
Self-Service Storage.
1.
Characteristics: Self-service storage provides rental of storage space to individuals or business uses. Storage spaces are designed to allow private access by the tenant for storing or removing personal property.
2.
Accessory uses: Accessory uses may 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.
(Ord. 10-15 §1; Ord. 18-23 §2; Ord. 18-28 §1; Ord. 20-01 §1; Ord. 22-09 §2; Ord. No. 24-05, 4/23/2024)
§ 18.60.070 Industrial Use Categories.
A.
Industrial and Manufacturing.
1.
Characteristics: Industrial and manufacturing engages in the mechanical, physical, or chemical transformation of materials, substances, or components into new products, usually requiring the use of machinery. This includes assembling component parts of manufactured products. The new product of a manufacturing establishment may be finished in the sense that it is for utilization or consumption, or it may be semi-finished to become an input for further manufacturing. Industrial and Manufacturing uses involve some amount of physical or characteristic change to materials necessary to make them suitable for sale.
2.
Accessory uses: Accessory uses may include parking, office, storage, or maintenance facilities.
3.
Examples: Examples include additive, advanced, or contract manufacturing; make to stock, make to order, or make to assemble manufacturing; discrete, process, mixed mode, job shop, or repetitive manufacturing; production of metals or metal products including enameling or galvanizing; production of cars, trucks, recreational vehicles; indoor agriculture; food processing; breweries, distilleries, or wineries; production of apparel or textiles; woodworking including cabinet makers; production or manipulation of chemical, rubber, leather, clay, bone, plastic, stone, or glass materials; manufacturing or production of machinery; large-scale recycling centers; the manufacturing or assembly of small-scale machinery, appliances, computers, or other electronic equipment; manufacturing, assembly, bottling of pharmaceuticals; manufacturing of scientific or musical instruments; production of toys or precision goods; sign-making; or commercial kitchens.
4.
Clarifications:
a.
Does not include energy production from the biological decomposition of organic materials, which is categorized as Waste-Related Facility.
b.
Does not include storage or distribution of products involving no physical change to materials, packaging of previously prepared commercial products, or storage or distribution for e-commerce, which are categorized as warehouse and distribution.
c.
Does not include breaking bulk for commercial, institutional, or industrial users, which is categorized as wholesale and equipment rental.
d.
Does not include uses meeting the definition of Basic Utility.
e.
Does not include the use of a kiln or other machinery that is accessory to a public-facing arts use, which is categorized as indoor sales and services.
B.
Off-Site Services.
1.
Characteristics: An off-site services use primarily provides services at a client's location or a third-party site. The site is primarily used for parking of company or employee vehicles, equipment, or some accessory office. Few customers, especially the general public, come to the site.
2.
Accessory uses: Accessory uses may include office, parking, or warehouse or storage space.
3.
Examples: Examples include exterminators; freestanding fleet vehicle parking or fleet parking as a primary use; janitorial services; trade contractors; mobile pet grooming; mobile auto services; or off-site windshield repair.
C.
Warehouse and Distribution.
1.
Characteristics: Warehouse and Distribution uses store and move large quantities of materials or products for themselves or other establishments with limited to no other activity on site except for accessory office. The use is usually associated with significant truck and rail traffic. There may be some repackaging of products but no physical change to materials occurs on site.
2.
Accessory uses: Accessory uses may include offices, parking, staging areas, storage, docks, rail spur or lead lines, and the repackaging of goods.
3.
Examples: Examples include freestanding warehouses associated with e-commerce, retail furniture, or appliance outlets; cold storage plants; weapon and ammunition storage; and truck, marine and air freight terminals.
4.
Clarifications:
a.
Uses that involve the transfer or storage of solid or liquid wastes are categorized as waste-related facility.
b.
Does not include storage or transport of materials that are accessory to a primary use.
c.
Does not include uses where some physical change to materials occurs on site to create a saleable unit. Such uses, regardless of the amount of warehouse or storage space associated with the use, are categorized as Industrial and Manufacturing.
D.
Waste-Related Facility.
1.
Characteristics: A waste-related facility receives solid or liquid wastes from others for disposal on site or for transfer to another location; collects sanitary wastes; manufactures and produces goods from the biological decomposition of organic material; and receives hazardous wastes from others and is 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.
Clarifications:
a.
Infrastructure services that must be located in or near the area where the service is provided in order to function are categorized as Basic Utility uses. 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 categorized as waste-related facility.
c.
Does not include consumer recycling or bottle drop centers, which are considered as accessory to a primary use, categorized as indoor sales and services when standalone and indoors, or outdoor sales and services when standalone and outdoors.
E.
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 includes display areas. Products may be picked up on site or delivered to the customer.
2.
Accessory uses: Accessory uses may include offices; product repair; warehouses; stockpiling of sand, gravel, drywall, construction materials, bark dust, lumber, or other aggregate or landscaping materials; parking; and the repackaging of goods primarily for commercial, institutional, or industrial users.
3.
Examples: Examples include the sale or rental of machinery, equipment, building materials, special trade tools, welding supplies, machine parts, electrical supplies, janitorial supplies, restaurant equipment, and store fixtures; mail order houses; and wholesalers of food, clothing, auto parts, and building hardware.
4.
Clarifications:
a.
Establishments that engage primarily in sales to the general public are categorized as Indoor Sales and Service.
b.
Establishments that are primarily storing goods with little on-site sales activity are categorized as Warehouse and Distribution.
c.
Establishments that engage primarily in storage and sale of products for e-commerce are categorized as warehouse and distribution.
(Ord. 10-15 §1; Ord. 18-23 §2; Ord. 18-28 §1; Ord. No. 24-05, 4/23/2024)
§ 18.60.080 (Reserved)
(Repealed by Ord. No. 24-05, 4/23/2024)