Minimum lot area: None.

Minimum lot width: None

Minimum building setbacks: None.

Except as determined in the architectural review process, maximum building setbacks are:

Minimum building height: Except for theaters and cinemas, which can be one story, 20 feet.

Maximum building height: 70 feet.

Maximum lot coverage: 90%.

Minimum landscape area: 10%.

Density and floor area ratio. For the purposes of required floor area ratio (FAR) and residential densities, lot area is the net development area as determined using the process provided in Section 18.40.020.

Building placement. Buildings must occupy a minimum of 50% of arterial and collector street frontages. Buildings must be located at public street intersections on arterials and collectors.

Building setbacks must comply with Subsection 18.620.040.B.

Front setback design. For setbacks greater than zero feet, landscaping, an arcade, or a hard-surfaced expansion of the sidewalk must be provided between a structure and a public street or accessway. If a building abuts more than one street, the required improvements must be provided on all streets. Landscaping must comply with the applicable standard in Paragraph 18.620.070.C.5. Hard-surfaced areas must be constructed with scored concrete or modular paving materials. Benches and other street furnishings are required. These areas may contribute to the minimum landscape area standard.

Walkway connection to building entrances. A walkway connection is required between a building's entrance and a public street or accessway. The walkway must be at least six feet wide and paved with scored concrete or modular paving materials. Building entrances at a corner near a public street intersection are required. These areas may contribute to the minimum landscape area standard.

Parking location and landscape design. Parking for buildings or phases adjacent to public street rights-of-way must be located to the side or rear of newly constructed buildings. When buildings or phases are adjacent to more than one public street, primary streets will be identified by the city where this requirement applies. If located on the side, parking is limited to 50% of the street frontage. When abutting public streets, parking must be screened to the S-4 standard as provided in Table 18.420.2. All other site landscaping must be planted to the L-2 standard.

First-story windows. All street-facing facades within the required building setback along public streets must include windows, doors, or display areas on a minimum of 50% of the first-story facade area. The first-story facade area is measured from three feet above grade to nine feet above grade the entire length of the street-facing facade. Up to 50% of the first-story window requirement may be met on an adjoining facade provided all of the requirement is located at a building corner.

Building facades. Facades that face a public street must provide at least one of the following features at least every 50 feet:

Weather protection. Weather protection for pedestrians, such as awnings, canopies, and arcades, must be provided at building entrances. Weather protection is encouraged along building frontages abutting a public sidewalk or a hard-surfaced expansion of a sidewalk, and along building frontages between a building entrance and a public street or accessway.

Building materials. Plain concrete block, plain concrete, corrugated metal, plywood, sheet press board or vinyl siding may not be used as exterior finish materials. Foundation material may be plain concrete or plain concrete block where the foundation material is not revealed for more than two feet.

Roofs and roof lines. Except in the case of a building entrance feature, roofs must be designed as an extension of the primary materials used for the building and should respect the building's structural system and architectural style. False fronts and false roofs are prohibited.

Roof-mounted equipment. Roof-mounted equipment must be screened to the S-1 standard as provided in Section 18.420.050. Satellite dishes and other communication equipment must be set back or positioned on a roof so that exposure from adjacent public streets is minimized.

In a garage that is attached to the primary structure;

In a detached accessory structure located at least 50 feet from the front property line; or

In a parking area at the side or rear of the site.

Streets abutting the site;

Common buildings such as laundry and recreation facilities;

Parking areas;

Shared open space and play areas;

Abutting transit stops; and

Any pedestrian amenity such as plazas, resting areas, and viewpoints.

Allow expansion of the Durham facility to accommodate regional urban growth;

Allow modification and adaptation of the Durham facility to satisfy changes in environmental or regulatory standards and to incorporate new technology and methods in wastewater treatment; waste handling; processing; and wastewater, energy, and nutrient recovery;

Require avoidance, management, or mitigation of negative off-site impacts on land uses adjacent to the Durham facility, recognizing that certain impacts are inherent in the operation of a regional wastewater treatment facility and that such impacts should be balanced with the overall community benefit such facilities provide;

Regulate land uses, site and building design, and environmental impacts from new development within the plan district, taking into account the specialized operational requirements and the regional service nature of the Durham facility;

Address transportation system impacts from future changes at the Durham facility;

Establish specific land use and permitting processes for the Durham facility that will allow permit issuance on a timely basis; and

Ensure Clean Water Services is able to comply with state and federal regulations pertaining to wastewater treatment and to utilize the most efficient and timely technology available.

Administrative subdistrict. This area is primarily intended to accommodate the administrative offices, laboratories, and other support functions of the treatment plant in an office park setting that is compatible with proximate residential and civic land uses to the north, east, and west. The subdistrict also contains open space features that are intended to provide a buffer between wastewater treatment operations to the south and impact sensitive land uses and transportation facilities to the north.

Operations subdistrict. This area is intended for the continued operation and expansion of the wastewater treatment facilities and accessory land uses. Wastewater treatment processes and accessory resource extraction and processing activities are expected and allowed by right in this area within an industrial setting.

Floodplain subdistrict. This area is within the special flood hazard area and is constrained by the presence of locally significant inventoried wetlands, buffers, and vegetated corridors. Activities with minimal disturbance such as wastewater conveyance facilities and Community Services uses are allowed within this area.

Off-site services. This use is restricted to support facilities that are clearly accessory to and support the wastewater treatment facility and are conducted entirely indoors with the exception of parking. Support facilities are conditionally allowed within the administrative subdistrict.

Industrial and manufacturing. This use is restricted to industrial uses that are clearly accessory to the wastewater treatment facility and utilizing raw materials recovered, diverted, or produced by the collection and treatment of wastewater.

Development must maintain a 50-foot setback from the perimeter of the plan district, except as provided in Paragraphs 18.630.040.A.2 through 5.

Development within the administrative subdistrict is subject to a setback from Durham Road and 85th Avenue rights-of-way as measured from the southeastern edge and easternmost point of the main ornamental fountain, as shown in Map 18.630.B.

Development located entirely underground is exempted from setback requirements.

Venting facilities related to odor control systems are allowed within the required setback area provided they are flush or nearly flush with finished grade; integrate with existing landscaping through the use of a cover composed of gravel, sand, bark, living groundcover, or similar materials; and comply with all other requirements of this title including off-site impact standards. Ancillary equipment servicing the venting facilities, such as irrigation control panels and enclosed fans, are allowed provided they are low profile or flush with the ground, designed to integrate with existing landscaping, and comply with all other requirements of this title including off-site impact standard.

New structures fronting a public road must maintain a setback of not less than 0.5 of the projected ultimate road width as measured from centerline of the adjacent roadway, utilizing street width provided in Section 18.910.030.

The maximum height is 45 feet in the administrative subdistrict.

The maximum height is 50 feet in the operations subdistrict.

The maximum height is 30 feet in the floodplain subdistrict.

Accessory structures are allowed and must meet all applicable development standards.

Where freestanding private communication and utility facilities that are accessory to an allowed use and not subject to the provisions of Chapter 18.450, Wireless Communication Facilities, are proposed, such facilities must be set back from all property lines a distance equal to or greater than the height of the facility. Freestanding communication or utility facilities include, but are not limited to, wind turbines and communication towers, antennas, and receivers.

There is no minimum lot size.

The minimum lot width is 50 feet.

A screen that is 20 feet in width, planted with a six-foot hedge, trees spaced at a minimum of 15 feet and maximum of 40 feet; and shrubs;

A screen that is 15 feet in width with a six-foot sight-obscuring fence, and planted with trees spaced at a minimum of 15 feet and maximum of 40 feet, and shrubs; or

A screen that is 10 feet in width, planted with a six-foot wall, trees spaced at a minimum of 15 feet and maximum of 40 feet; and shrubs.

Statistical noise levels. Equipment, facilities, operations, or activities within the plan district may not produce sounds that exceed in any 1 hour the noise levels specified in Table 18.630.2, as measured at the plan district boundary or at the furthest boundary of adjacent industrially-zoned properties.

Impulse sound. Equipment, facilities, operations, or activities within the plan district must not produce any sounds emitted for a duration of less than 1 second that exceed the sound pressure level of 100 dB between the hours of 7 a.m. and 10 p.m., or 80 dB between the hours of 10 p.m. and 7 a.m. as measured at the plan district boundary or at the furthest boundary of adjacent industrially-zoned properties.

Measurement. Sound level instruments must conform to Section 6.02.420 of the Tigard Municipal Code.

Equipment, facilities, operations, or activities must not generate off-site facility odors detectable at the following scentometer levels using the Nasal Ranger® field scentometer or equivalent device, as measured at the plan district boundary:

If development is found to be noncompliant with the odor standards provided in Paragraph 18.630.070.E.1, Clean Water Services (CWS) will be responsible for the following:

When reviewing a development permit, the city may accept an evaluation and explanation certified by a registered engineer or architect, as appropriate, that the proposed development will meet the off-site impact standard or standards in question. The evaluation and explanation must provide a description of the use or activity, equipment, processes, and the mechanisms, or equipment used to avoid or mitigate off-site impacts.

If the city does not have the equipment or expertise to measure and evaluate a specific complaint regarding off-site impacts, it may request assistance from another agency or may contract with an independent expert to perform the necessary measurements. The city may accept measurements made by an independent expert hired by the controller or operator of the off-site impact source.

An increase in vehicular traffic to and from the site in excess of 100 vehicles per day;

The opening of a new access way onto Durham Road, or the improvement of the existing access way onto Waverly Drive for other than emergency vehicle access.

Outside storage. Outside storage of materials or equipment associated with a conditional use in the administrative subdistrict, other than incidental delivery and temporary staging of materials and equipment, is prohibited.

First-story windows. All street-facing facades along public streets must include windows on a minimum of 50 percent of the first-story facade area. The first-story facade area is measured from 3 feet above grade to 9 feet above grade the entire length of the street-facing facade. Glazing covered with applied window film will not be considered in the calculation to meet this standard.

Building facades. Facades that face a public street and extend more than 50 feet must provide at least one of the following features:

Building materials. Plain concrete block, plain concrete, corrugated metal, plywood, sheet press board, fiber cement products, or vinyl siding are prohibited exterior finish materials.

Roofs. Rooflines must be designed as an extension of the primary materials used for the building and should respect the building's structural system and architectural style.

All roof-mounted equipment must be screened to the S-1 standard as provided in Section 18.420.050. Solar heating and photovoltaic panels are exempted from this standard.

The strict application of the noise, odor, or light standards as provided in Section 18.630.070 is unreasonable, impractical, or threatens public health;

A demonstration that consideration for impact sensitive land uses and appropriate mitigation measures have been incorporated into the request;

A public outreach plan will be implemented, including a 24-hour telephone contact number for information or to lodge complaints about the project; and

The off-site impact permit is limited in time and scope.

Transportation. A citywide transportation system development charge (SDC), a River Terrace transportation SDC, and a River Terrace transportation utility fee surcharge.

Sewer. A citywide utility fee surcharge.

Stormwater. A River Terrace stormwater utility fee surcharge.

The applicant may request to defer demonstrating compliance with one or more of the standards in Subsections 18.640.030.B and E as provided for below:

Deferral of compliance as provided for in Paragraph 18.640.030.C.1 will be granted only if:

An exception to one or more of the standards in Subsection 18.640.030.B may be obtained through a Type II procedure as provided in Section 18.710.060.

An exception will be granted only if the applicant:

An exception will be granted only if the city finds that:

Infrastructure improvements for water, sewer, stormwater, and transportation systems, including but not limited to pump stations and trunk lines, must be located and designed to serve the proposed development and not unduly or unnecessarily restrict the ability of any other property to develop in compliance with the applicable River Terrace infrastructure master plan. Infrastructure improvements are evaluated for conformance with this standard during the land use review process. The city will take into account the topography, size, and shape of the development site; the impact of the improvement on the development site; and the reasonableness of available options during its review. The applicant will not be required to reduce otherwise allowed density or obtain an adjustment to demonstrate compliance, but this standard may be considered in reviewing an adjustment application.

Infrastructure improvements for water, sewer, and stormwater must be placed in easements that are located, wherever possible, within existing or future rights-of-way. Easements and rights-of-way must extend through and to the edge of the development site at such locations that would maximize the function and availability of the easement and right-of-way to serve adjacent and surrounding properties. Easements and rights-of-way are evaluated for conformance with this standard during the land use review process. Dedications of easements and rights-of-way will be required as a condition of land use approval.

Development in water pressure zone 550 must either provide or demonstrate that there is sufficient water capacity in water pressure zone 550 to serve the proposed development, or that it can be served by another water pressure zone that has sufficient capacity, to the satisfaction of the City Engineer and Tualatin Valley Fire and Rescue during the land use review process.

Development in the north and south sewer sub-basins must demonstrate, where applicable, that there is sufficient pump station capacity and associated force mains to serve the proposed development, or that it can be served by other system improvements, to the satisfaction of the City Engineer and Clean Water Services during the land use review process.

If compliance with stormwater management standards is dependent upon an off-site conveyance system or an on- or off-site regional facility that has not yet been provided, the applicant may propose alternative or interim systems and facilities as described in the River Terrace Storm-water Master Plan.

Unless expressly authorized in a development approval, the imposition of private fees or any charge whatsoever that prohibits, restricts, or impairs adjacent or surrounding properties from accessing a public easement, facility, or service is prohibited.

For purposes of this section, an ordinance or resolution adopting an SDC, utility fee, or other charge to fund public facilities or services described in this section is deemed effective if it has taken effect and the time for any legal challenge has expired or any legal challenge has been finally decided.

Unless the applicable approval authority determines it is in the public interest to make modifications, the applicant must design and construct all streets, street extensions, and intersections to conform to:

The preliminary plat may not impede the future use or development of adjacent property in River Terrace not under the control or ownership of the applicant proposing the preliminary plat.

Unless the applicable approval authority determines it is in the public interest to make modifications, the applicant must design and construct all streets, street extensions, and intersections to conform to:

The development may not impede the future use or development of adjacent property in River Terrace not under the control or ownership of the applicant proposing the conditional use, planned development, residential, or commercial development.

All small form residential and rowhouse development.

All apartment development.

All development subject to conditional use approval.

The following standards apply to all apartment, rowhouse, and small form residential development that is located on the side of the River Terrace Boulevard ROW opposite the trail corridor, except where an adjustment has been approved as provided in Subsection 18.640.060.D. The following standards apply in lieu of the design standards in Chapter 18.230, Apartments; Chapter 18.280, Rowhouses; and Chapter 18.290, Small Form Residential, only for the building facades specified below.

The following standards apply to all apartment, rowhouse, and small form residential development that is located on the side of the River Terrace Boulevard ROW with the trail corridor, except where an adjustment has been approved as provided in Subsection 18.640.060.D. The following standards apply in lieu of the design standards in Chapter 18.230, Apartments; Chapter 18.280, Rowhouses; and Chapter 18.290, Small Form Residential, only for the building facades specified below.

The following standards apply to all development subject to conditional use approval that is located on either side of the River Terrace Boulevard ROW, except where an adjustment has been approved as provided in Subsection 18.640.060.D.

Direct individual access to River Terrace Boulevard from rowhouse or small form residential development sites is not allowed along the River Terrace Boulevard ROW, except where an adjustment has been approved as provided in Subsection 18.640.060.D. Direct access to River Terrace Boulevard from apartment, conditional use, and commercial development sites are allowed where no other practicable alternatives exist. If direct access is allowed by the city through the site development or conditional use review process, the applicant is required to mitigate for any safety or traffic management impacts identified by the City Engineer. This may include, but is not limited to, the construction of an on-site vehicle turnaround to eliminate the need for any vehicle turning or backing movements in the public right-of-way.

Fences, walls, hedges, or any combination thereof, such as a fence on top of a retaining wall, over three feet in height are not allowed in any front, side, or rear setback that lies between any apartment, rowhouse, or small form residential development site and the River Terrace Boulevard ROW, except as allowed below or where an adjustment has been approved as provided in Subsection 18.640.060.D. Unstained wood, unfaced concrete masonry units (CMU), and chain link fencing are prohibited, except as required for wetlands or other sensitive areas.

The standard cannot be met due to:

The proposed design provides safe and convenient vehicle and pedestrian connections to River Terrace Boulevard.

If fences or walls, including retaining walls, over three feet in height are proposed, they are constructed of high-quality materials including, but not limited to, brick, stone, or wrought iron. Unstained wood, unfaced concrete masonry units (CMU), and chain link fencing are prohibited, except as required for wetlands or other sensitive areas.

The development must provide parks, trails, or open space that:

The development must include at least three of the following development enhancements:

For those properties abutting Roy Rogers Road or River Terrace Boulevard, one or more of the following enhancements may be provided in lieu of one or more of the enhancements listed in Paragraph 18.640.070.C.2:

Articulation. All buildings must incorporate design elements that break up all street-facing facades into smaller planes as follows. An illustration of articulation is shown in Figure 18.640.2.

Eyes on the street. At least 12 percent of the area of each street-facing facade must include windows or entrance doors. An illustration of eyes on the street is shown in Figure 18.640.3. Street-facing facade is defined as the aggregate area of all vertical exterior walls measured from top of finished floor at lowest level to top plate or roof eave at highest level, including areas of exterior walls above top plate or roof eave, such as areas within gables, dormers, and clerestories.

Entrances. At least one entrance must meet both of the following standards. An illustration of entrances is shown in Figure 18.640.4. The entrance must be:

Detailed design. All buildings must include at least five of the following elements on all street-facing facades. An illustration of detailed design elements is shown in Figure 18.640.5.

Garages and carports. The purpose of these standards is to prevent garages and carports from obscuring or dominating the street-facing facade of residential buildings. An illustration of garage door width is shown in Figure 18.640.6.

Design standards for River Terrace Boulevard. Right-of-way width must be 110 feet, plus additional right-of-way as needed for slopes, retaining walls, etc. Right-of-way and improvement widths may be reduced to lessen impacts on protected natural resource areas. Right-of-way and improvement widths may also be reduced where the city determines that on-street parking adjacent to the trail corridor is not feasible or necessary or where a reduction is otherwise in the public interest as described in the River Terrace Community Plan, River Terrace Transportation System Plan Addendum, or River Terrace Park System Master Plan Addendum. Given the unique nature of this street, the Public Works Director, in consultation with the Community Development Director, will determine the final alignment, right-of-way width, and improvement widths using the following standards as guidelines unless the applicant requests a formal adjustment through a Type II procedure, as provided in Chapter 18.715, Adjustments. All landscaped areas must meet the Public Improvement Design Standards for River Terrace Boulevard.

Design standards for commercial collector. Right-of-way width must be 78 feet, plus additional right-of-way as needed for slopes, retaining walls, etc. Right-of-way and improvement widths may be reduced to lessen impacts on protected natural resource areas. Right-of-way and improvement widths may also be reduced where the city determines that a reduction is in the public interest as described in the River Terrace Community Plan, River Terrace Transportation System Plan Addendum, or River Terrace Park System Master Plan Addendum. The City Engineer will determine the final alignment, right-of-way width, and improvement widths using the following standards as guidelines unless the applicant requests a formal adjustment through a Type II procedure as provided in Chapter 18.715, Adjustments.

The skinny street option in Figure 18.910.6.B may be used:

A private street option may be used:

Private streets that are proposed in locations other than those described in Paragraph 18.640.080.C.2 must meet all of the standards in Subsection 18.910.030.T.

The proposed alley is located in a tract for private access purposes; and

The proposed alley is managed by a homeowner association into perpetuity. For each alley there must be a legal recorded document that includes the following at a minimum:

For development sites located on the side of the River Terrace Boulevard right-of-way with the trail corridor, an additional exception to the street spacing requirement is allowed and encouraged to minimize the number of trail crossings, provided that there are bicycle and pedestrian connections in public easements or rights-of-way a minimum of every 330 feet.

For public or private school sites, an additional exception to the street spacing requirement is allowed, provided that there is adequate internal circulation for pedestrians, cyclists, and vehicles within and through the site and a sufficient number and distribution of public access points from the site to public streets, sidewalks, and trails as determined by the approval authority.

For a dwelling unit with one off-street parking space, a minimum of two on-street parking spaces must be provided.

For a dwelling unit with two off-street parking spaces, a minimum of one on-street parking space must be provided.

For dwelling units with more than two off-street parking spaces, a minimum of one on-street parking space must be provided for every two lots with more than two off-street parking spaces that are adjacent to each other.

All or some of the on-street parking spaces required in Paragraphs 18.640.100.B.1 through 3 may be provided on a street frontage not associated with the affected lot provided that the required parking spaces are located on the same block and within 200 feet of the affected lot.

All or some of the on-street parking spaces required in Paragraphs 18.640.100.B.1 through 3 may be provided in parking courts that are interspersed throughout the development when all of the following standards are met:

A maximum of one temporary sales office, not including a sales office in a model home, per subdivision is allowed for placement on a lot intended for a dwelling unit as shown on the preliminary plat.

Conditions of approval for a temporary sales office must protect the public's health, safety, and welfare. Conditions of approval may include, but are not limited to, the following:

Any improvements to the property must be designed and constructed so as to not preclude future use of the property as zoned.

The maximum number of model homes allowed is as follows:

Conditions of approval for a model home must protect the public's health, safety, and welfare. Conditions of approval may include, but are not limited to, the following:

Any improvement to the property must be designed and constructed so as to not preclude full compliance with all applicable development standards upon final plat approval. The applicant bears the sole and complete risk of altering or relocating the model home prior to final plat approval if such actions are necessary for it to comply with all applicable development standards upon final plat approval.

Each model home must be located and constructed on a separate preliminary lot intended for a dwelling unit as shown on the preliminary plat and in conformance with all applicable development standards, including but not limited to: setbacks, lot coverage, height, facade design, and access. The lot on which the model home is located is not a final approved lot for any purpose. A model home approval is not the basis for an adjustment, exception, vested right, or nonconforming use.

A model home may only be occupied during established business hours and in no event be used as an overnight accommodation.

One model home may be used as a temporary sales office in lieu of a temporary sales office approved in compliance with either Subsection 18.640.110.A or Subsection 18.440.030.C.

If final plat approval is not obtained prior to the expiration of the preliminary plat approval, each model home or temporary sales office must be removed and the property restored and made safe by the applicant or owner. This must occur no later than 60 days after the expiration of the preliminary plat approval.

A model home or temporary sales office not removed in compliance with Paragraph 18.640.110.D.1 will be declared a nuisance. The city will enter the property and abate the nuisance by taking such actions as are necessary to demolish and remove the structure in compliance with the owner authorization and performance bond required in Subsection 18.640.110.C.

Facilitate the development of an urban village by promoting the development of a higher density, economically viable, and aesthetically pleasing pedestrian-oriented downtown where people can live, work, play, and shop for their daily needs without relying on the automobile. The quality and scale of the downtown urban environment will foster social interaction and community celebration.

Encourage the integration of natural features and the open space system into downtown by promoting development sensitive to natural resource protection and enhancement; addressing the relationship to Fanno Creek Park; and promoting opportunities for the creation of public art and use of sustainable design.

Enhance the street level as an inviting place for pedestrians by guiding the design of the buildings that frame the right-of-way (the public realm) to contribute to a safe, high quality pedestrian-oriented streetscape. Building features will be visually interesting and human-scaled, such as storefront windows, detailed facades, art, and landscaping. The impact of parking on the pedestrian system will also be limited. The downtown streetscape will be developed at a human scale and closely connected to the natural environment through linkages to Fanno Creek open space and design attention to trees and landscapes.

Promote Tigard's downtown as a desirable place to live and do business. Promote development of high-quality high-density housing and employment opportunities in the downtown.

Provide a clear and concise guide for developers and builders by employing greater use of graphics to explain community goals and desired urban form to applicants, residents and administrators.

Highway 99W and Hall Boulevard Corridor. The purpose of this sub-area is to create a pulse-point along the Highway 99W corridor. Located at the intersection of 99W and Hall Boulevard, the area has the high traffic and visibility to draw potential retail customers from the region. The area will accommodate higher levels of vehicular circulation, while maintaining a pedestrian scale at the first story of buildings. It allows development of mixed-use and retail buildings that vary in scale from single-story retail-only buildings to mixed-use buildings up to 45 feet tall with retail on the first story and residential or Office uses above.

Main Street - Center Street. The purpose of this sub-area is to create pedestrian-oriented, smaller scale development centered on the city's historic downtown Main Street. The pedestrian environment is improved with continuous building facades broken only intermittently. New buildings in the sub-area must include commercial storefront features on the first story. Residential and commercial uses are allowed on upper stories.

Scoffins Street - Commercial Street. The purpose of this sub-area to provide an opportunity for higher-density residential as well as an employment base comprised of civic, office, and commercial uses in the areas of Commercial Street and Scoffins Street. Residential-only buildings, commercial buildings, and mixed-use developments are allowed.

Fanno - Burnham Street. The purpose of this sub-area is to provide an opportunity for medium-scale residential or mixed-use development. Compatible mixed uses (live-work, convenience retail, office, and civic uses) are encouraged on the frontage of Burnham Street. The area in proximity to Fanno Creek Park will be an opportunity to create a high-quality residential environment with views and access to the natural amenity of Fanno Creek Park.

New buildings. All use, development, and design standards of this chapter apply to new buildings and related site improvements.

Pre-existing uses and development. Pre-existing uses and associated development that were lawfully established prior to the effective date of this chapter are treated as lawful or approved uses and developments, subject to the following:

Maintenance or repair of a building, structure, or site in a manner that is consistent with previous approvals or necessary for safety;

Projects undertaken to bring an existing development into compliance with applicable federal and state accessibility regulations;

Any modification to the exterior of a building that does not require a building permit;

Interior remodeling not associated with a change of use;

Temporary structures or temporary uses as defined in Chapter 18.440, Temporary Uses;

Any development involving pre-existing small form residential development that is not being converted to a nonresidential use or that has previously been converted to a nonresidential use;

Any change of use and associated interior remodeling on a property that is in the Main Street sub-area; or

Any change to windows, doors, awnings, or other similar exterior elements on facades that are not street-facing.

Type I site development review. Applications for development or modifications that meet the thresholds of Paragraph 18.650.030.B.1 as provided in Section 18.710.050, using the approval criteria in Subsection 18.650.040.A.

Type II site development review. Applications for development or modifications that meet the thresholds of Paragraph 18.650.030.B.2 are processed through a Type II procedure, as provided in Section 18.710.060, using the approval criteria in Subsection 18.650.040.B.

Downtown adjustment. Downtown adjustment applications are processed concurrently with a site development review, through a Type II procedure, as provided in Section 18.710.060, using the approval criteria in Subsection 18.650.040.C. There are two types of downtown adjustments:

Type I site development review. A Type I site development review is required for the following:

Type II site development review. A Type II site development review is required for the following:

The modification does not cause the development to go out of conformance with any applicable standard of this chapter or further out of conformance if already nonconforming, except where an adjustment has been approved; and

The modification complies with all other applicable standards of this title.

For new development, the proposed uses and structures comply with all applicable standards of this chapter and title; or

For modifications, the modification does not cause the development to go out of conformance with any applicable standard of this chapter or further out of conformance if already nonconforming, except where an adjustment has been approved; and

The proposed modification complies with all other applicable standards of this title.

The design adjustment will result in development that equally or better meets the purpose of the standard in Section 18.650.060 that is being modified, or

The specific adjustment is allowed by Section 18.650.080 and complies with the approval criteria provided for that adjustment.

Allowed (A). Uses that are allowed, subject to all of the applicable provisions of this title.

Restricted (R). Uses that are subject to special requirements, exceptions, or restrictions provided in Subsection 18.650.050.B.

Conditional (C). Uses that require the approval of the Hearings Officer using discretionary criteria. The approval process and criteria are provided in Chapter 18.740, Conditional Uses.

Prohibited (P). Uses that are not allowed under any circumstance.

Residential use. Any combination of residential and nonresidential use proposed for the same site and not contained in a mixed-use development require planned development review.

Basic Utility.

Wireless communications facility. See Chapter 18.450, Wireless Communication Facilities, for allowed and restricted facilities.

Indoor sales and services.

Motor vehicle fuel sales. Uses that were lawfully in existence prior to the adoption of the MU-CBD zone are allowed. All new uses are prohibited.

Motor vehicle sales and rental. Uses that were lawfully in existence prior to the adoption of the MU-CBD zone are allowed. All new uses are prohibited.

Motor vehicle servicing. All use activities must be contained inside a structure except for employee and customer parking.

Outdoor sales and services. All inventory and materials must be contained completely within a building.

Self-service storage. Uses that were lawfully in existence prior to the adoption of the MU-CBD zone are allowed. All new uses are prohibited.

Motor vehicle fuel sales. Uses that were lawfully in existence prior to the adoption of the MU-CBD zone are allowed. All new uses are prohibited.

Yes, allowed (Y). Housing types that are allowed.

Limited (L). Housing types that are allowed subject to specific limitations.

No, prohibited (N). Housing types that are not allowed under any circumstance.

Parking areas must be located on the side or rear of newly constructed buildings. If located on the side, the parking area may not exceed 50% of the total frontage of the site.

Parking areas must be set back a minimum of 10 feet from a street property line.

When abutting a public right-of-way, pedestrian paths and trails in a public easement, or a public park, parking areas must be screened to the S-4 standard as provided in Table 18.420.2.

Where a parking area shares a property line with an adjacent parking area, landscaping is not required along the shared property line.

Adjustments to the bicycle parking requirements are prohibited.

The following rooftop equipment does not require screening:

Elevator mechanical equipment may extend above the height limit a maximum of 16 feet provided that the mechanical shaft is incorporated into the architecture of the building.

Satellite dishes and other communications equipment are limited to a maximum of 10 feet in height and must be set back a minimum of five feet from the roof edge and screened from public view to the extent practicable.

All other roof-mounted mechanical equipment is limited to a maximum of 10 feet in height and must be set back a minimum of five feet from the roof edge and screened from public view and from views from adjacent buildings by one of the following methods:

A screen around the equipment that is made of a primary exterior finish material used on other portions of the building or architectural grade wood fencing or masonry; or

Dense evergreen landscaping that provides an opaque barrier. All landscaping used for this purpose must be regularly maintained.

Purpose. Design standards in this section are intended to foster vibrant, inviting streetscapes and sidewalk-facing first stories and entrances. They are also intended to create buildings that are easily accessible to and provide protection from the elements for pedestrians. They also will help ensure that the first story promotes a sense of interaction between activities in the building and activities in the public realm. Building and site design should also address crime prevention through defensible spaces, lighting, and features that allow observation and eyes on the street. Windows, doors, and weather protection are an integral part of the building design.

Standards.

Purpose. Build and expand upon downtown Tigard's architectural character by incorporating cohesive and repetitive architectural elements into the first story of street-facing facades. Relate to the horizontal facade articulation and massing of surrounding development or utilize building and site design elements that connect Fanno Creek Park or extend natural elements to the downtown.

Standard. Divide the street-facing first story of nonresidential and mixed-use storefronts into distinct architectural bays that are no more than 30 feet on center. For the purpose of this standard, an architectural bay is defined as the zone between the outside edges of an engaged column, pilaster, post, or vertical wall area.

Purpose. Build upon and improve downtown Tigard's architecture by creating an attractive and unified building facade that encourages first-story activities and creates visually interesting facades and roofs.

Standards.

Purpose. Create a strong architectural statement at street corners. Establish visual landmarks and enhance visual variety.

Standard. Nonresidential and mixed-use buildings at the corner of 2 public streets or a street and public area, park, or plaza (for the purposes of this standard an alley is not considered a public street) must incorporate one of the following features:

Purpose. Use building materials that evoke a sense of permanence and are compatible with Downtown Tigard and the surrounding built and natural environment.

Standard. The following exterior building materials or finishes are prohibited:

Purpose. Assure adequate public, private, and shared outdoor space.

Standards.

Garages and carports must be accessed from alleys, or otherwise recessed behind the front building elevation a distance of 7 feet or less or 18 feet or greater.

A minimum of 100 square feet of private outdoor space such as a private porch, yard, deck, balcony, patio, or other private outdoor space is required per dwelling unit.

For new development and for major redevelopment valued at more than 60 percent of its total current value as assessed by the Washington County assessor, the applicant must comply with the following:

For all other developments, the applicant must comply with the following:

Enhancements to the pedestrian environment along the proposed development's street frontage, including, but not limited to, the following:

The preservation of natural features for public use or benefit.

The proposed use is permanent in nature and has a clear public benefit (for example, affordable or senior housing); or

The total square footage of private outdoor areas and shared outdoor recreation areas equals or exceeds the combined standard for both.

Definitions. For the purposes of this subsection, "affordable" means either:

Approval criteria. To qualify for a density or height bonus, a development must meet the following:

Triangle Mixed-Use (TMU) zone. The standards and procedures in this chapter apply to property that is located in the TMU zone within the Tigard Triangle Plan District.

Commercial (COM) and Mixed-Use Commercial (MUC) zones. The standards and procedures in this chapter do not apply to property that is located in the COM or MUC zones within the Tigard Triangle Plan District, except for the transportation facility standards in Section 18.660.090. Property in the COM or MUC zones is regulated by other chapters in this title, including, but not limited to, Chapter 18.120, Commercial Zones, and Chapter 18.320, Commercial Zone Development Standards.

Public rights-of-way. The standards in Section 18.660.090 apply to all public rights-of-way in the Tigard Triangle Plan District regardless of the zone.

The boundary of the Tigard Triangle Plan District is shown on Map 18.660.A. The TMU zone and COM zone are also shown on this map and the official zoning map. Transportation facilities are shown on Map 18.660.B.

The following types of development are exempt from all standards and procedures of this chapter:

If a development is not exempt from the standards and procedures of this chapter as described above, it may be exempt from some street design standards as described below. The following types of development are exempt from street frontage improvements where required by Paragraph 18.660.090.C.4, except where existing frontage improvements do not meet the city's minimum public facility standards for safety and adequacy as required by Subparagraph 18.660.040.B.2.c. This exemption does not apply to right-of-way dedications where required by Subparagraph 18.660.040.B.3.b.

Limitation on exemptions. Exemptions allowed by Subparagraphs 18.660.020.B.2.a and b are limited to one exemption every 3 years. The 3-year period starts from the date the city issues an occupancy permit or final inspection for the expanded, converted, or new buildings exempted under Subparagraphs 18.660.020.B.2.a and b. Subsequent buildings that exceed the square footage threshold within the 3-year timeframe are not exempt.

Administration and enforcement as provided in Chapter 18.20, Administration and Enforcement.

Definitions and measurements as provided in Chapter 18.30, Definitions.

Land use category descriptions as provided in Chapter 18.60, Use Categories.

Director determinations as provided in Chapter 18.730, Director Determinations.

Historic resource designations and alterations as provided in Chapter 18.755, Historic Resources.

Text and map amendments as provided in Chapter 18.790, Text and Map Amendments.

Early assistance meeting. The applicant must request an early assistance meeting with the city prior to the submittal of any required building, site, or public facility permit application. The Director may waive this requirement for proposals that are not complex, would not benefit from a meeting with the city, or have had a pre-application conference as part of a related land use review.

Development review requirements. All proposed development must demonstrate compliance with the following requirements at the time of development permit application submittal:

Transportation facility review process. The transportation facility review process determines whether transportation improvements are needed and whether the proposed development will be required to construct or pay for them.

Pre-application conference. The applicant must request a pre-application conference with the city prior to the submittal of any required or applicant-initiated land use application as required by Chapter 18.710, Land Use Review Procedures.

Land use applications. Required land use applications are shown in Table 18.660.1. If more than one land use application is required, they may be processed concurrently.

Transportation mitigation application. A transportation mitigation application is processed through a Type II procedure as provided in Section 18.710.060. A transportation mitigation application will be approved when all of the following approval criteria have been met:

Adjustment application. An adjustment application is processed through a Type II procedure as provided in Section 18.710.060.

Lot line adjustment, lot consolidation, minor land partition, or subdivision application. The provisions in Chapter 18.810, Lot Line Adjustments and Consolidations, Chapter 18.820, Land Partitions, and Chapter 18.830, Subdivisions, apply except as modified below.

A pre-existing land use that does not meet the land use standards in Section 18.660.060 may continue but may not expand beyond the boundaries of the site that it occupied prior to the effective date of this chapter, except for any pre-existing land uses within the area bounded by 66th Avenue and 68th Avenue to the east and west and Dartmouth Street and Franklin Street to the north and south, respectively. Any pre-existing land uses within this area that do not meet the land use standards in Section 18.660.060 may continue and expand beyond the boundaries of the site that it occupied prior to the effective date of this chapter, but not beyond the boundaries of the area described above.

A pre-existing land use that does not meet the land use standards in Section 18.660.060 may not be re-established if discontinued for longer than six months, except where the discontinuance is the result of accidental destruction. Discontinuance caused by total or partial accidental destruction must commence repairs to re-establish the use within one year from the date of destruction. If repairs are not commenced within the one-year period, the use may not be re-established. Commencement of repairs occurs when a required development permit has been issued.

Pre-existing development that does not meet the site or building design standards in Sections 18.660.070 and 18.660.080 may be re-established or re-built if accidentally destroyed as long as repairs are commenced within one year from the date of destruction. If repairs are not commenced within the one-year period, the development may not be re-established or re-built. Commencement of repairs occurs when a required development permit has been issued.

Pre-existing development that does not meet the site or building design standards in Sections 18.660.070 and 18.660.080 may not be re-established or re-built if intentionally destroyed unless the new development meets the site and building design standards in this chapter.

Pre-existing site improvements, such as vehicle parking and access, that do not meet the site design standards in Section 18.660.070 may continue but may not be modified if the modification would result in any site improvement going further out of conformance with the applicable site design standard in Section 18.660.070.

Pre-existing buildings that do not meet the site or building design standards in Sections 18.660.070 and 18.660.080 may continue and be modified subject to the standards in Table 18.660.2. Applicable standards only apply to the proposed modification and not to the non-modified portion of the existing building. Modifications that expand a building may be vertical (e.g., second-story addition), horizontal (e.g., first-story expansion), or both (e.g., second-story addition).

New land uses and development may be proposed on sites with pre-existing land uses and development subject to the following standards:

Exceptions. The provisions in Paragraphs 18.660.050.E.2 through 4 apply to all development except those involving Basic Utility uses and wireless communication facilities. These types of development continue to be subject to all previously imposed conditions of approval. They also continue to be subject to the standards and procedures in Chapter 18.740, Conditional Uses and Chapter 18.450, Wireless Communication Facilities, respectively, unless different standards are approved through the adjustment process as provided in Paragraph 18.660.040.C.4.

Conditions of approval. Development that obtained land use approval and a final certificate of occupancy or inspection prior to the effective date of this chapter is not subject to any previously imposed conditions of approval. Development that obtained land use approval, but not a final certificate of occupancy or inspection, prior to the effective date of this chapter must continue to comply with all previously imposed conditions of approval until a final certificate of occupancy or inspection, whichever is applicable, is obtained.

Phased developments. Development that obtained land use approval for a phased site development review application prior to the effective date of this chapter is allowed to complete all approved phases as provided in the specific land use approval or as allowed by Subsection 18.20.050.G.

Modifications. Modifications to development that obtained land use approval prior to the effective date of this chapter are subject to the standards and procedures in this chapter.

Vertical and horizontal mixed-use development is allowed subject to the land use standards in Subsection 18.660.060.C.

Mobile food carts are allowed subject to Chapter 18.440, Temporary Uses.

Development with drive-through service is prohibited.

Land uses are described in Chapter 18.60, Use Categories.

Allowed (A) land uses are listed in Table 18.660.4.

Restricted (R) land uses are listed in Table 18.660.4 and are subject to special requirements, exceptions, or restrictions provided in Paragraph 18.660.060.C.5.

Conditional (C) land uses are listed in Table 18.660.4 and are subject to the land use review process and associated development standards provided in Chapter 18.740, Conditional Uses.

Prohibited (P) land uses.

TMU zone use restrictions.

Street setbacks. The minimum building setback is one foot from the street property line. This standard applies to the entire building, except for building projections as allowed by Section 18.660.080.D. The maximum building setback is 12 feet from the street property line. This standard is met when at least 70% of the street-facing building facade is located no more than 12 feet away from the street property line as shown in Figure 18.660.1.

Interior setbacks. There is no minimum or maximum building setback standard for interior property lines.

Clear vision areas. The clear vision standards in Chapter 18.930, Vision Clearance Areas, do not apply to development in the TMU zone. See Paragraph 18.660.070.G.4 for driveway sight distance requirements.

Above-ground private utilities proposed to serve a single development, such as transformers and control valves, that are 1 cubic foot or greater in volume or have any 1 dimension greater than 2 feet must be located on the site with the proposed development, and:

Service areas, such as those that contain waste and recycling containers, outdoor storage, and mechanical equipment, must be screened as required by Paragraph 18.660.070.F.4 where not screened by a building.

Landscaped stormwater facilities and roof-top mechanical equipment are exempt from these standards. Vehicle parking and loading areas are subject to the standards in Subsection 18.660.070.D. Wireless communication facilities are subject to the standards and procedures in Chapter 18.450, Wireless Communication Facilities.

Quantity. The maximum quantity standards for off-street parking areas are provided in Table 18.410.3. Adjustments to maximum parking quantity standards are prohibited.There is no minimum or maximum quantity standard for off-street loading areas.

Size. Off-street parking spaces must be a minimum of seven and one-half feet in width and 17.5 feet in length.

Location. Off-street parking and loading areas, except those within parking structures, must be located behind a building or at least 35 feet away from all street property lines. For purposes of this chapter, a parking structure includes an individual garage associated with a residential use.

Screening. Off-street parking and loading areas not located behind a building, except those within parking structures, must be screened as required by subsection F.4.

Landscaping.

Vertical clearance. Off-street parking areas must have a minimum vertical clearance of seven feet. Off-street loading areas must have a minimum vertical clearance of 15 feet.

Circulation. Off-street parking and loading areas must be designed to prevent vehicles from backing into the street unless approved by the City Engineer.

Surface material. Off-street parking areas, except those that are covered or within parking structures, must be paved, graveled, or utilize a turf grid or open joint pavers. Covered or structured off-street parking areas and all off-street loading areas must be paved.

Electrical service capacity. Off-street parking areas must meet the standards of Section 18.410.030.L.

Quantity. The minimum quantity standard for public bicycle parking is provided in Table 18.660.5. There is no maximum quantity standard for public bicycle parking. Public bicycle parking is defined as bicycle racks or lockers that are available for use by members of the public, including but not limited to visitors, employees, and residents.

Design. All bicycle parking must meet the following standards.

Location. Public bicycle parking spaces must be visible to pedestrians on the sidewalk in front of the proposed development. They must be located in front of or to the side of the building. They may be located in the public right-of-way with approval by the City Engineer. Bicycle parking must not conflict with the use and maintenance of any utilities, service areas, off-street vehicle parking and loading areas, driveways, or transportation facilities.

The maximum height of retaining walls is 4 feet where located within 12 feet of any street property line.

Fences and walls along street and interior property lines are allowed but not required. The maximum height of fences and walls is 3 feet where located within 12 feet of any street property line.

Chain link fencing and unfinished concrete blocks with any 1 dimension equal to or greater than 15 inches are prohibited within 12 feet of any street property line.

Street screens are required to screen off-street parking and loading areas, service areas, and some utilities from the street. Utilities and service areas include, but are not limited to, waste and recycling areas, transformers, utility vaults, and mechanical equipment. Street screens must meet the following standards:

Quantity. Driveways on all streets are subject to the standards in Table 18.660.6, except for driveways on Dartmouth Street and Pacific Highway. Driveways on these streets are subject to the access management standards in Chapter 18.920, Access, Egress, and Circulation.

Size. Driveways for all uses, other than rowhouses and small form residential development, must be 20 feet or less in width on all streets, except for driveways on Dartmouth Street, 72nd Avenue, and Pacific Highway. Driveways on these streets must only be as wide as needed for safety and are subject to the access management standards in Subsection 18.920.030.H. Driveways for rowhouses and small form residential development must be 10 feet or less in width. Driveway width measurements do not include driveway wings.

Location. Driveways must be located as far apart from each other as practicable except where shared. Driveways near street intersections must be located as far from the intersection as practicable. Driveways must not be located in the influence area of any intersection with Dartmouth Street, 72nd Avenue, or Pacific Highway and are subject to the access management standards in Subsection 18.920.030.H.

Sight distance. Driveways must have adequate sight distance for safety. A sight distance analysis is required for proposed driveways or existing driveways on sites where development is proposed. The City Engineer will specify the technical information that must be included in the analysis.

Shared access. Shared access is required along 72nd Avenue for certain types of residential development to prevent a series of closely-spaced driveways. Development that includes a single detached dwelling unit or two attached dwelling units is prohibited from using a single driveway to access 72nd Avenue. Shared access between adjacent residential or nonresidential developments may also be required where practicable. Where required, shared access must be maintained into perpetuity with a recorded joint access agreement, contract, or other legally binding document.

District trees are Oregon white oaks located throughout the TMU zone adjacent to existing and future public rights-of-way as shown on the Tigard Triangle District Tree Inventory and Map.

The Director will maintain the Tigard Triangle District Tree Inventory and Map. If a district tree is found to be in the public right-of-way or is removed, as provided below, the Director will delete the tree from the district tree inventory and map.

District trees must be preserved but may be removed in either of the following circumstances:

Development adjacent to district trees is subject to the following standards:

Quantity. A minimum of one building entrance must be provided for:

Location. The maximum setback for a required building entrance is 20 feet from the street property line. A required building entrance must be at an angle that is no more than 45 degrees from the street, except for entrances to individual residences. Entrances to individual residences that open onto a porch or stoop must be at an angle that is no more than 90 degrees from the street.

Grade. Required entrances must be within 1 foot above or below the grade of the adjacent sidewalk, except for entrances to individual residences. There is no grade requirement for entrances to individual residences.

Weather protection. A required building entrance must be covered, recessed, or treated with a permanent architectural feature that provides weather protection for pedestrians. The required weather protection must be at least as wide as the entrance, a maximum of 6 feet above the top of the entrance, and a minimum of 3 feet in depth. The required weather protection may project into the minimum building setback and public right-of-way as allowed by Paragraph 18.660.080.D.3. Weather protection standards are shown in Figures 18.660.3 and 18.660.4.

Architectural elements such as eaves, cornices, and bay windows may project into the minimum building setback as shown in Figure 18.660.3.

Balconies may project into the minimum building setback and public right-of-way as shown in Figure 18.660.3. Balconies may project a maximum of 4 feet into the right-of-way. Balconies that project into the right-of-way must have a minimum vertical clearance of 10 feet from sidewalk grade and are subject to approval by the City Engineer.

Weather protection elements for pedestrians along building facades, such as canopies or awnings, may project into the minimum building setback and public right-of-way as shown in Figure 18.660.3. Weather protection elements may project into the right-of-way a maximum of 6 feet or the minimum sidewalk width along the building frontage, whichever is less. Elements that project into the right-of-way must have a minimum vertical clearance of 8 feet from sidewalk grade and are subject to approval by the City Engineer.

Signs may project into the minimum building setback and public right-of-way subject to the standards in Subparagraph 18.435.130.G.1.c and approval by the City Engineer.

Windows are required on all street-facing facades within 35 feet of any street property line and are subject to the window area standards in Table 18.660.8 and as shown in Figure 18.660.4. Any portion of a street-facing facade that contains vehicle parking, such as a parking structure, does not have to provide windows but must provide facade openings that meet the minimum required window area in Table 18.660.8. If required facade openings contain glass, they must meet the standards in Paragraph 18.660.080.E.3. If required facade openings do not contain glass, they may contain architectural elements that are no more than 30 percent sight-obscuring.

Window area is the aggregate area of the glass within each window, including any interior grids, mullions, or transoms. Facade area is the aggregate area of each street-facing vertical wall plane.

Required windows must be clear glass and not mirrored, frosted, or reflective. Clear glass within doors may be counted toward meeting the window coverage standard.

General standards.

Intersection design and spacing.

Transportation network connectivity.

Transportation facility design.