Pre-application conferences. A pre-application conference is required for all Type II and Type III applications, except for Home Occupations, Extensions, Food Carts, and Complex Tree Removals. The Director may waive the requirement for a pre-application conference. Legislative actions are exempt from a pre-application conference.

Neighborhood meetings. A prospective applicant must hold a neighborhood meeting prior to filing the following applications: comprehensive plan map amendment (quasi-judicial), conditional use, major modifications, planned development review, sensitive lands review (Type II and III), site development review (Type II), subdivision, and zoning map amendment (quasi-judicial).

Application submittal.

Application completeness.

Modifications of applications. A modification of application means the applicant's submittal of new information after an application has been deemed complete and prior to close of the record on a pending application that would modify a development proposal by changing one or more of the following components: proposed uses, operating characteristics, intensity, scale, or site layout, in a manner that requires the application of new criteria to the proposal or that would require a substantial change to the findings of fact. It does not mean a submittal of new evidence that merely clarifies or supports the pending application.

Amended decision process.

Withdrawal of an application. An application may be withdrawn prior to issuance of a decision.

Re-submittal of application following denial. Applications that have been denied, excluding applications denied solely on procedural grounds, may not be resubmitted for the same or a substantially similar proposal unless one or more of the following are met:

Receipt of submittals. Any submittals for which a deadline is provided for in this chapter must be addressed to the recipient department designated in the notice and actually and physically received by the designated recipient department on or before the close of business on the due date, except that if the due date falls on a state or federal holiday, a regular weekday that the Community Development Department, or its successor, is not open for business, or a weekend, will be extended to the close of business on the next day that the department is open for business. Emails are considered received at the time shown on the city's email system. Submittals received after the deadline will not be considered or effective.

Conformance with application. Unless provided otherwise in the decision, development must conform in all material respects to the approved application and submittals in support of the application.

General. This section defines the review types and establishes the approval and appeal authority for each.

Review types defined. There are four review procedure types: Type I, Type II, Type III, and Legislative. Table 18.710.1 contains the city's land use application types and associated review types. The review types are defined as follows:

Approval and appeal authorities. The approval and appeal authorities for each review type are provided in Table 18.710.2. The decision of the appeal authority is the city's final decision. Parties with standing may appeal the city's final decision to the Oregon Land Use Board of Appeals.

Determination. The Director will determine the most appropriate review type for land use applications or actions requested. The Director determination is the final local decision and will favor the review type that provides the most appropriate public notice and opportunity for public comment.

Notice.

Burden of proof and procedural error.

Remanded and withdrawn decisions. The approval authority for a remanded or withdrawn decision will be the approval authority from which the appeal to the Land Use Board of Appeals was taken, except that in voluntary or stipulated remands, the City Council may decide that it will hear the case on remand.

Decision requirements. The Director will approve, approve with conditions, or deny the requested application or action based on the applicable approval criteria and development standards.

Final decision. The Director's decision is final for purposes of appeal on the date it is mailed or otherwise provided to the applicant, whichever occurs first. The Director's decision is not appealable locally and is the final decision of the city.

Effective date. The Director's decision is effective on the day after it is final.

Notice of application. The purpose of such notice is to provide nearby property owners and other interested parties with an opportunity to submit written comments concerning the application, prior to issuance of the decision. The goal of this notice is to invite parties of interest to participate early in the review process.

Decision requirements. The approval authority will approve, approve with conditions, or deny the requested application based on the applicable approval criteria and development standards.

Notice of decision.

Final decision and effective date. A Type II decision is final for purposes of appeal on the date the notice is mailed. A Type II decision becomes effective on the day after the appeal period expires, unless an appeal is filed.

Pre-application conferences are recommended, but the pre-application conference requirements of Subsection 18.710.030.A do not apply.

The neighborhood meeting requirements of Subsection 18.710.030.B do not apply.

Notice of hearing.

Hearing requirements. Hearings before the appropriate approval authority, as provided in Table 18.710.2, will be conducted in compliance with the quasi-judicial hearing requirements in Section 18.710.110.

Decision requirements. The approval authority will approve, approve with conditions, or deny the requested application based on the applicable approval criteria and development standards.

Notice of decision. Notice of decision must be mailed to the applicant and to all parties of record within seven days after the decision is filed by the approval authority with the Director. The notice must be provided in compliance with Paragraphs 18.710.060.C.2 and 3.

Final decision and effective date. The decision of a Type III application is final for purposes of appeal on the date the notice of decision is mailed. The decision is effective on the day after the appeal period expires, unless an appeal is filed.

Filing an appeal. A Type II or III decision may be appealed as follows:

Procedure for Type II and III appeals.

Procedures. The following procedures apply to all quasi-judicial hearings:

The record.

Ex parte communications.

Presenting and receiving evidence.

Notice of hearing.

Hearing process and procedure. Unless otherwise provided in the rules of procedure adopted by the City Council, the presiding officer of the Planning Commission and of the City Council have the authority to:

Continuation of the public hearing. The Planning Commission or the City Council may continue any hearing and no additional notice is required if the matter is continued to a date, time and location certain.

Adoption process and authority.

Vote.

Notice of decision. Notice of decision must be mailed within seven days after the decision is filed with the Director to all persons who testified orally or in writing.

Final decision and effective date. The decision of a Legislative application is final and effective on the date specified in the enacting ordinance.

Expedited land divisions. The expedited land division (ELD) procedure provides an alternative to the standard procedures for some land divisions. The applicant may choose to use the ELD process if the land division request meets all of the elements specified in ORS 197.360. The steps of this procedure are in ORS 197.365 through 197.375. The application submittal requirements are provided in Section 18.710.030.

Limited land use decisions. A limited land use decision (LLD) is defined and may be used in the manner set forth in ORS 197.015(12).

Affordable housing developments. Applications for affordable housing developments qualify for a reduced review time of 100 days from the date the application is deemed complete, provided the following are met:

Applicability. This chapter applies to all proposals to adjust an existing requirement of this title. All requirements, such as development or design standards, may be adjusted except as provided in Subsection 18.715.020.B or where specifically provided for elsewhere in this title, such as in Chapter 18.660, Tigard Triangle Plan District.

Prohibited adjustments. Adjustments are prohibited in the following situations:

An applicant may seek relief from the specific requirements of this title through one of three types of adjustments. An applicant may either demonstrate that a proposed adjustment meets the criteria for adjustments to development standards or use restrictions; or that a hardship exists and a proposed adjustment is necessary to not preclude all reasonable economic use of the property.

Some plan districts contain specific adjustment processes and approval criteria, which are evaluated separately from this chapter, as provided in Chapter 18.650, Tigard Downtown Plan District, and Chapter 18.660, Tigard Triangle Plan District.

Multiple adjustment proposals will be processed concurrently.

Criteria for adjustments to development standards.

Criteria for adjustments to use restrictions.

Criteria for demonstrating hardship.

A quasi-judicial annexation application is processed through a Type III-Modified procedure, as provided in Section 18.710.090. Quasi-judicial annexations are decided by the City Council with a recommendation by Planning Commission.

A legislative annexation application is processed through the Legislative procedure, as provided in Section 18.710.120.

Approval criteria. The approval authority will approve or approve with modification an annexation application when all of the following are met:

Assignment of comprehensive plan and zoning designations. The comprehensive plan designation and the zoning designation placed on the property is the city's base zone that most closely implements the city's or county's comprehensive plan map designation. The assignment of these designations occurs automatically and concurrently with the annexation. In the case of land that carries county designations, the city will convert the county's comprehensive plan map and zoning designations to the city designations that are the most similar. A zone change is required if the applicant requests a comprehensive plan map or zoning map designation other than the existing designations. A request for a zone change may be processed concurrently with an annexation application or after the annexation has been approved. Within the Washington Square Regional Center, the assignment of city comprehensive plan and zoning designations will be as provided in Chapter 18.670, Washington Square Regional Center Plan District.

Conversion table. Table 18.720.1 summarizes the conversion of the county's plan and zoning designations to city designations that are most similar.

If a proposal includes a change to a use restriction provided in Subsection 18.670.050.B, the proposed change is reviewed through the development design review process.

Where development design review is proposed or required:

Scale. The proposed development is thoughtfully integrated with its surroundings, at an urban scale that addresses pedestrian needs and comfort within the context of the area to be developed. Single story buildings are limited to buildings with a maximum 5,000 square-foot footprint and where promoting incremental development. The proposed development provides pedestrian-scaled places with strong relationships among buildings, open spaces, and pedestrian pathways;

Pedestrian comfort. The proposed development is designed to support pedestrian access, safety, and comfort on and adjacent to the site. The proposed development bridges or removes any pedestrian barriers and implements pedestrian-friendly designs and block lengths;

Building design. All building facades or fences that face active transportation facilities and are intended for regular public access are visually appealing and provide design elements including facade variation and windows. Buildings incorporate exterior design and building materials that exhibit permanence and quality;

Parking. Pedestrian paths providing access to parking areas are designed so that a visitor only needs to park once to easily and comfortably access multiple destinations on site. Development also complies with the maximum parking standards provided in Chapter 18.410, Off-Street Parking and Loading;

Common space. The proposed development includes publicly accessible common space that is designed to encourage public gathering through the integration of features such as broad steps or benches that serve as permanent seating, stoops, fountains, or plazas. Common space is located to easily serve the site and public, and is designed to provide safety and comfort for users while promoting vibrancy and livability.

Active transportation facilities. Active transportation facilities are designed to be comfortable and desirable facilities to use and are visually prioritized over facilities intended for use by motor vehicles.

Transit. The proposed development appropriately accommodates transit to or through the site in ways that best serve the public and proposed users of the development. The applicant provides documentation that TriMet has reviewed and approved any changes or impacts to transit routes or facilities.

Stormwater facilities. Stormwater facilities provide community benefits in addition to stormwater management. Stormwater facilities are vegetated and thoughtfully integrated into the development site through the inclusion of features such as seating, sculptural elements, and pedestrian paths. Stormwater facilities may be used to meet minimum common open space requirements when designed to facilitate public access.

Sustainability and resiliency. The development incorporates sustainable and resilient site and building designs that reduce GHG emissions and operating costs, improve livability, and reduce impacts from natural hazards and disasters.

Streets and access. The city engineer has determined that any changes to streets or access points do not result in unsafe conditions. All private streets are located within tracts and public access easements. All transportation improvements are consistent with Map 18.670.B.

Trees. The proposed development uses trees and landscaping to create a sense of place, provide protection from the elements, and mitigate the heat island effect of urban development. Development also complies with parking lot canopy requirements as provided in Subsection 18.410.030.M.

Flexibility request. If the proposal includes a change to a use restriction, the change results in development that is appropriately located, designed, and scaled to preserve and promote pedestrian-scaled urban development.

Requiring more or higher quality pedestrian-oriented architectural elements;

Requiring more or higher quality public spaces or community amenities;

Requiring higher quality active transportation facilities or a more robust active transportation network;

Requiring modifications to building height, size, location, or materials;

Requiring modifications to parking lot size or location;

Requiring separation or screening of uses, buildings, parking lots, or service areas from public spaces or adjacent uses;

Requiring separation or screening of private residential spaces, such as balconies, from public spaces or adjacent uses;

Limiting or otherwise designating the size, number, or location of vehicle access points; or

Limiting or otherwise designating the location, intensity, and shielding of outdoor lighting.

An interpretation of any term or phrase in this title.

A determination of a nonconforming use, an unlisted use, modification of certain conditions of approval, reasonable accommodation, zone boundary, or as otherwise provided in this title.

Director's authority to initiate. The director may initiate a Director determination on behalf of the city, either specific or not specific to a particular property or circumstance. The Director may also initiate a Director determination when there is a reasonable dispute or lack of clarity regarding allowed uses on a property. If initiated by the director, no application form or payment are required.

Director's authority to decline an application. The Director may decline to issue a Director determination. If an application for a Director determination is declined, the Director will respond within 14 days following the date of the request. The Director's decision to decline an application is final when the decision is mailed to the party requesting the determination. The decision to decline to issue a director determination is the city's final local decision.

The criteria for determination of a nonconforming use are provided in Section 18.50.030.

The criteria for determination of an unlisted use are provided in Subsection 18.60.030.C.

The criteria for modification of an original condition of approval are provided in Paragraph 18.20.050.E.4.

The criteria for determination of a zone boundary are provided in Subsection 18.10.050.C.

Conditional use approval is required to establish a new conditional use or to substantially redevelop an existing conditional use.

Conditional use approvals do not expire once utilized, except through discontinuation as described in Section 18.740.080.

Conditional use approvals or existing conditional uses may be modified as allowed by Chapter 18.765, Modifications.

The characteristics of the site are suitable for the proposed development or use considering size, shape, location, topography, and natural features;

The operating characteristics of the proposed use are reasonably compatible with surrounding properties, public facilities, or sensitive lands with regard to noise, vibration, air quality, glare, odor, and dust;

The physical characteristics of the proposed development are reasonably compatible with surrounding properties, public facilities, or sensitive lands with regard to building height, location, and orientation;

Any adverse impacts from the proposed development or use are mitigated to the extent practicable;

The proposed development is located and designed to support pedestrian access, safety, and comfort on and adjacent to the site where practicable;

The proposed development complies with all applicable standards and requirements of this title, except where an adjustment has been approved or the approval authority has determined that a more restrictive development or design standard is necessary to address issues of compatibility or walkability; and

Adequate public facilities are available to serve the proposed development or use at the time of occupancy.

If the proposed development is located in an industrial zone, it provides public benefits consistent with the purpose of the base zone where the restricted use is located. Potential benefits include, but are not limited to, the following:

Limiting the hours, days, place, and manner of operation;

Requiring design features that minimize adverse operational impacts such as those caused by noise, vibration, air pollution, glare, odor, and dust;

Requiring the protection and preservation of existing trees, vegetation, land forms, and habitat areas or limiting lot coverage;

Requiring pedestrian access or improvements within the development or between the development and the surrounding community;

Requiring additional landscaping or screening of structures, off-street parking, or service areas;

Requiring or limiting the location, intensity, and shielding of outdoor lighting; or

Requiring or limiting the size, height, location, and materials of fences.

A pre-existing conditional use is any established use currently identified in this title as a conditional use where the use was not initially subject to city regulations when established, but became subject to city regulations through annexation or incorporation. A pre-existing conditional use is the same as an approved conditional use for purposes of this chapter.

A pre-existing conditional use is not a nonconforming use and is therefore not subject to the provisions of Chapter 18.50, Nonconforming Circumstances. However, any nonconforming development associated with a pre-existing conditional use is subject to the provisions of Chapter 18.50, Nonconforming Circumstances.

The property owner replaces the conditional use with a use allowed by right or obtains approval to establish a different conditional use; or

The conditional use is discontinued for more than one year. Calculation of the one-year period begins on the earliest date that any of the following events occurs:

This chapter applies to all approved land use applications that are subject to expiration as described in Subsection 18.20.050.G but have not yet expired.

This chapter does not apply to approved land use applications that are expired or where an extension is prohibited or otherwise provided for in another chapter of this title.

An approved land use application is eligible for one extension.

A complete extension application must be submitted prior to the expiration date of the original approval, but no earlier than 6 months in advance of the expiration date.

An extension application may not include a proposal to modify the original application or any conditions of approval.

If an extension is approved, the expiration date for the original approval is extended an additional 2 years from the effective date of the original approval.

If the original approval included multiple applications, a single extension application may include all applications associated with the original approval.

If the original approval was processed through a Type I procedure, an extension application is processed through a Type I procedure, as provided in Section 18.710.050.

If the original approval was processed through a Type II or Type III procedure, an extension application is processed through a Type II procedure, as provided in Section 18.710.060.

A good faith effort was made to utilize the approval within the specified time period and the need for the extension is the result of conditions or circumstances outside the control of the applicant or property owner; and

If the original application included a transportation impact study or a sensitive lands report, an updated report was provided with the extension application that showed no significant changes on or near the development site. A letter from a recognized professional satisfies this criterion if it states that conditions have not changed since the approval of the original application and no new analysis is warranted.

Provide entrepreneurial opportunities;

Encourage a variety of eating and drinking establishments to serve the Tigard community;

Activate neighborhoods and street frontages with pedestrian-friendly amenities;

Encourage the use of underutilized parking areas;

Ensure proper design and installation to protect public infrastructure; and

Protect public health, safety, and welfare.

Applicability. The provisions of this chapter apply to existing food carts and food cart pods, the siting of new food carts on private property, and the development of new food cart pods.

Exemptions. The provisions of this chapter do not apply to temporary food truck uses.

Food carts and food cart pods must maintain an active Tigard business license.

Food carts must be inspected and licensed by the Washington County Environmental Health department.

Waste containers must be provided and be maintained in sanitary condition.

All cords, hoses, pipes, cables, and similar items serving food carts must be located and protected in a manner that does not create a tripping hazard. Where these items must be located in pedestrian areas, they must be adequately protected and marked.

Each new food cart on a property is required to obtain an approval under the provisions of this chapter prior to operation except that food carts located within an approved food cart pod are exempt from individual approvals.

Drive-through services are prohibited for food carts and food cart pods.

Food cart. A food cart application is processed through a Type II procedure as provided in Section 18.710.060.

Food cart pod. A food cart pod application is processed through a Type II procedure as provided in Section 18.710.060.

Modifications. Modifications to approved food carts and food cart pods require a new approval under the provisions of this chapter, except that the changing of food carts in approved food carts pods are allowed provided the carts are located in an approved and marked stall.

The approval authority will approve or approve with conditions a food cart application when all of the standards of Section 18.750.060 are met.

The approval authority will approve or approve with conditions a food cart pod application when all of the standards of Section 18.750.070 are met.

The addition of the food cart must not result in more than three food carts being present on the subject property.

The food cart must be located on a property with an existing legal nonresidential use.

The entire footprint of the food cart must be located on a paved surface.

The food cart must meet a minimum six-foot setback from any street property line.

The food cart must meet the minimum setback standards along all other property lines that apply to a new nonresidential building in the base zone in which it is located. Where a property is adjacent a residential zone, the food cart must meet a minimum 20-foot setback.

The food cart must be separated from any other food cart or building on the property by a minimum of five feet.

The food cart must not obstruct or otherwise make unsafe any areas designed for pedestrian or vehicle movement to, from, or through the property on which the food cart is located.

The food cart must not be located within any public access or utility easement.

The food cart service window must be oriented such that customer queueing areas do not extend into vehicle maneuvering areas, pedestrian paths, or public rights-of-way.

The food cart must have wheels and the wheels must remain permanently attached and functional.

If there are permanent utilities located on the property, hardwired connections between the food cart and the utilities are prohibited. Any connection to utilities must be temporary and capable of being easily and safely disconnected.

The food cart must include adequate means for the collection and removal of fats, oils, and grease.

Any canopies, awnings, or other attachments to the food cart must maintain a minimum of seven feet of vertical clearance, be entirely supported by the cart, and must be fully collapsed when the food cart is not in operation.

Food carts are prohibited in any required vision clearance area, as provided in Chapter 18.930 Vision Clearance Areas.

Any associated signs must meet the regulations for the base zone as provided in Chapter 18.435, Signs.

The food cart pod must be located in a base zone that allows Indoor Sales and Services uses.

The food cart pod must include at least one permanent building on the property that provides public restrooms.

Any new building of more than 800 square feet must meet the minimum and maximum setback standards for the base zone.

The food cart pod must not include more than 20 food cart stalls.

Each food cart stall must be a maximum of 375 square feet and contain no more than one food cart.

All food cart stalls must be located on paved areas and all stall locations must be demarcated on the pavement in a permanent manner.

All food cart stalls must meet a minimum six-foot setback along all street property lines.

All food cart stalls must meet the minimum setback standards along all other property lines that apply to a new nonresidential building in the base zone in which it is located. Where a property is adjacent to a residential zone, the food cart stall must meet a minimum 20-foot setback.

All food cart stalls must be separated from other stalls by a minimum of five feet.

The food cart pod must include centralized on-site facilities for the collection and removal of fats, oils, and grease, as approved by the city engineer.

Utility connections, including electricity, potable water, and water disposal must be provided at each stall in the form of temporary connection assemblies, such as those used in recreational vehicle parks. Permanent utility connections to carts are not allowed. Water disposal connections must be connected to the required centralized fats, oils, and grease management system.

The site must be arranged and demarcated in a manner to ensure that food cart stalls do not obstruct or otherwise make unsafe any areas designed for pedestrian or vehicle movement to, from, or through the property.

All food cart stalls and any associated temporary or permanent structures must not be located within any public access or utility easement.

All food cart service windows must be oriented such that customer queueing areas do not extend into vehicle maneuvering areas, pedestrian paths, or public rights-of-way.

Any canopies, awnings, or other attachments to any food cart must maintain a minimum of seven feet of vertical clearance and be entirely supported by the cart.

Temporary awnings or membranes may be used for weather protection over seating areas, provided they are:

Accessory structures such as covered seating areas must meet the minimum setback standards that apply to a new nonresidential building in the base zone in which it is located.

Temporary storage containers are prohibited on the property. All storage must be located in permanent buildings and structures.

Any associated signs must meet the regulations for the base zone as provided in Chapter 18.435, Signs.

Off-street parking areas must meet the applicable provisions of Chapter 18.410, Off-Street Parking and Loading.

The food cart pod must meet all other applicable standards of this title.

Facilitate the protection, enhancement, and perpetuation of historic resources that represent or reflect elements of the city's cultural, social, economic, political, and architectural history;

Enhance any registered historic or cultural resources designated in the city;

Stabilize and improve property values;

Strengthen the economy of the city;

Promote the use of historic resources for the education, pleasure, energy conservation, housing, and public welfare of the city; and

Implement the applicable provisions of Oregon Department of Land Conservation and Development Goal 5 and the City of Tigard Comprehensive Plan.

Designated areas. The Historic Resource Overlay zone applies to the following sites and areas:

Designated activities. The provisions of this chapter apply to:

Approval of exterior alterations. Exterior alterations of any structure in a Historic Resource Overlay zone or construction of any new structure in a Historic Resource Overlay zone without approval is prohibited, except as provided in Subsections 18.755.040.C and D, respectively.

Approval of demolition. Demolition of a structure located within a Historic Resource Overlay zone without approval under the provisions of this chapter is prohibited.

Exemptions.

Condition of approval. If any alteration or demolition of a historic resource is approved through the provisions of this chapter, a condition of approval must be applied that allows the Washington County Museum to obtain:

Criteria for Historic Resource Overlay zone designation.

Criteria for removal of Historic Resource Overlay zone designation. An application for removal of a Historic Resource Overlay zone designation is processed through a Type III-PC procedure, as provided in Section 18.710.080. The approval authority will approve the application when any of the following are met:

Criteria for exterior alterations. An application for exterior alterations of structures in a Historic Resource Overlay zone is processed through a Type II procedure, as provided in Section 18.710.060. The approval authority will approve or approve with conditions the application when all of the following are met:

Criteria for construction of new structures. An application for construction of new structures in a Historic Resource Overlay zone is processed through a Type II procedure, as provided in Section 18.710.060. The approval authority will approve or approve with conditions the application when all of the following are met:

Criteria for demolition. An application for demolition of structures in a Historic Resource Overlay zone is processed through a Type II procedure, as provided in Section 18.710.060. The approval authority will approve or approve with conditions the application when all of the following are met:

Allow residents an opportunity to use their homes to engage in small-scale business ventures that could not be sustained if it were necessary to lease commercial quarters, or because the nature of the activity would make it impractical to expand to a full-scale enterprise; and

Establish approval standards to ensure that home occupations are conducted as lawful uses that are subordinate to the residential use of the property and are conducted in a manner that is not detrimental or disruptive in terms of appearance or operation to neighboring properties and residents.

Applicability. The provisions of this chapter apply to any accessory commercial use associated with a primary Household Living use.

Exemptions. The following activities and uses are exempt from the provisions of this chapter:

Type I home occupations. A Type I home occupation application is processed through a Type I procedure, as provided in Section 18.710.050.

Type II home occupation permit. A Type II home occupation application is processed through a Type II procedure, as provided in Section 18.710.060.

Home occupations may be undertaken only by a principal occupant of a dwelling unit.

Deliveries to the residence by suppliers are limited to 3 per week.

The home occupation must comply with all provisions of Title 6 of the Tigard Municipal Code.

The home occupation must be operated entirely within the dwelling unit or a conforming accessory structure. The maximum square footage used for the home occupation and associated storage of materials and products is 25 percent of the combined residence and accessory structure floor area or 528 square feet, whichever is smaller. All indoor storage of materials or products must meet the provisions of the building, fire, health, and housing codes.

A home occupation may not necessitate a change in the state building code use classification of a dwelling unit. Any accessory building that is used must meet building code requirements.

A dwelling unit may have more than one home occupation, provided that the combined floor area used for the home occupations does not exceed the square footage limitation imposed in Subsection 18.760.040.D. Each home occupation must apply for a separate home occupation permit, if required by this chapter.

The following activities are prohibited as part of a home occupation:

Additional parking is not required for home occupations.

The following activities are not allowed as home occupations:

Exterior storage of commercial vehicles, as defined in the Oregon Vehicle Code, is prohibited, except that 1 commercially licensed vehicle of not more than 0.75 ton gross vehicle weight (GVW) may be parked outside of a structure.

Type I home occupations. Type I home occupations must comply with the following:

Type II home occupations. Type II home occupations must comply with the following:

Further limiting the hours, days, place, and manner of operation;

Requiring site and building design features that minimize environmental impacts such as noise, vibration, air pollution, glare, odor, and dust;

Requiring additional building setbacks, or increased lot area, depth, or width;

Further limiting the building area and outdoor storage used by the home occupation and restricting the location of the use on the site in relationship to adjoining uses;

Designating the size, number, location, and design of vehicle access points;

Requiring street right-of-way to be free at all times of vehicles parked in association with the home occupation;

Requiring landscaping, buffering, or screening of the home occupation from adjoining uses and establishing standards for the continued maintenance of these improvements;

Requiring storm drainage improvements and surfacing of parking and loading areas;

Limiting the extent and type of interior or exterior building remodeling necessary to accommodate the home occupation;

Limiting or setting standards for the location and intensity of outdoor lighting;

Requiring and designating the size, height, and location of fences and materials used for their construction;

Requiring the protection and preservation of existing trees, vegetation, watercourses, slopes, wildlife habitat areas, and drainage areas;

Limiting the type and number of vehicles or equipment to be parked or stored on the site; or

Any other limitations that the approval authority considers to be necessary or desirable to make the use comply with the purposes of this chapter and the underlying base zone.

Grounds for revocation. The Director may:

Cessation of home occupation pending review. If it is determined by the Director in exercise of reasonable discretion, that the home occupation in question will affect public health and safety, the use may be ordered to cease pending hearings officer review or exhaustion of all appeals.

Waiting period for re-application. When a home occupation permit has been revoked due to violation of these standards, the permittee must wait a minimum period of one year before another application for a home occupation on the subject lot will be considered.

Invalidation of permit. A home occupation permit is valid only for the property designated on the application and is voided if the applicant moves from the residence.

Nonconforming home occupations. Ongoing home occupations may be granted nonconforming status provided that they were:

Governing regulations. Nonconforming home occupations will be regulated as a nonconforming circumstance.

Violations. Home occupations without city or county approval that cannot prove nonconforming status will be considered in violation of this chapter and must cease until the appropriate approvals have been obtained.

This chapter applies to all proposals to modify an existing or proposed use, structure, site improvement, or condition of approval—for existing developments or land use approvals—when initially approved through one of the land use applications listed below:

This chapter also applies to all proposals to modify an existing development that was not subject to city approval when developed but would be subject to city approval, through one of the land use applications listed in Paragraph 18.765.020.A.1 through 4, if proposed for development under current city regulations.

This chapter does not apply to proposals to modify a condition of approval where the modification is subject to the provisions of Paragraph 18.20.050.E.4.

This chapter does not apply to proposals to modify an urban forestry plan where the modification is subject to the provisions of Subsection 18.420.060.F.

The Director will determine the most appropriate review type for the proposed modification. In addition to Subsection 18.710.040.D, the Director's determination will consider whether the proposed modification involves any of the following:

Allowed modifications involve the application of clear and objective standards that do not require the exercise of professional judgment about technical issues. These modifications do not require land use review.

Minor modifications involve the exercise of professional judgment about technical issues as they relate to the application of clear and objective or discretionary standards or approval criteria. These modifications require Type I land use review.

Major modifications involve the exercise of limited discretion as they relate to the application of clear and objective or discretionary standards or approval criteria. These modifications require Type II land use review.

A minor or major modification land use review is limited in scope to an evaluation of the modification's compliance with applicable standards and the degree of impact, if any, on surrounding properties, sensitive lands, or public facilities.

A proposed modification involving a nonconforming use or development is subject to the provisions of Chapter 18.50, Nonconforming Circumstances, in addition to the provisions of this chapter.

A proposed modification that constitutes substantial redevelopment, as determined by the director, requires submittal of a new land use application rather than a modification application.

Definition. An allowed modification has the following characteristics:

Examples. Examples of allowed modifications include, but are not limited to, the following:

Definition. A minor modification has the following characteristics:

Examples. Examples of minor modifications may include, but are not limited to, the following:

Approval process. A minor modification application is processed through a Type I procedure as provided in Section 18.710.050.

Approval criteria. The approval authority will approve or approve with conditions a minor modification application when all of the following criteria are met:

Definition. A major modification has the following characteristics:

Examples. Examples of major modifications include, but are not limited to, the following:

Approval criteria. The approval authority will approve or approve with conditions a major modification application when all of the following are met:

Modifications to nonconforming development. The purpose of these provisions is to require existing development with nonconforming structures or site improvements to come into conformance with city standards gradually as structures or site improvements are modified over time. These provisions also give applicants the choice of making improvements that support pedestrians—in lieu of making improvements to come into conformance—in order to advance Tigard's vision to become a walkable, healthy, and inclusive city.

Planned development review is a voluntary process.

Planned development approval is required to establish a new planned development or to substantially redevelop an existing planned development.

An applicant may choose to submit a single consolidated planned development application or two consecutive planned development applications consisting of a concept plan application and a detailed plan application.

The proposed development must comply with all applicable development standards and requirements of this title, except as specifically adjusted through the planned development approval process. Planned development review satisfies the requirements for site development or conditional use review and a separate site development, conditional use, or adjustment application is not required.

If the proposed development includes both residential and nonresidential buildings:

If sensitive lands review is required, a sensitive lands application must be submitted concurrently with a consolidated or detailed plan application. A sensitive lands application may not be submitted concurrently with a concept plan application.

If land division is proposed, a subdivision or land partition application must be submitted concurrently with a consolidated or detailed plan application. A subdivision or land partition application may not be submitted concurrently with a concept plan application.

If the proposed development has more than one base zone designation, density and floor area standards are calculated for each base zone as provided by this title.

Density and floor area allocations and increases allowed with planned development approval are as follows:

Uses and housing types allowed with planned development approval are based on the underlying zoning as follows:

The following development standards may not be adjusted with planned development approval:

Planned development approvals may not adjust the items listed in Paragraph 18.715.020.B.2 through 6.

Planned development approvals may be modified as allowed by Chapter 18.765, Modifications.

Proposal summary. A written description and graphic illustration of the planned development proposal with enough specificity to convey the overall land use pattern, development scale, circulation network, and housing types and densities. The description must include a statement about the planning objectives to be achieved by the proposal and why the applicant believes the public benefits from the proposal are sufficient to warrant the type and amount of flexibility requested.

Flexibility request. A detailed written description of all proposed adjustments to development standards and the reason for each proposed adjustment. The description must be accompanied by professional studies or analyses as needed to adequately support the reason for each proposed adjustment. The description must also include a table that lists each applicable development standard and the associated proposed standard in a side-by-side column format.

Public benefits proposal. A detailed written description of all proposed public benefits. The description must be accompanied by drawings, plans, or details as needed to convey the location, size, and overall nature of each public benefit. Public benefits include features, amenities, or protections that in some way exceed the minimum standards of this title to the benefit of the general public or planned development users.

Environmental analysis. A written description and graphic illustration of the relationship between the planned development proposal and any existing natural features on the site. The description and illustration must explain how the proposal addresses any existing sensitive lands, significant tree groves, land forms, or other natural features on the site.

Compatibility analysis. A written description and graphic illustration of the relationship between the planned development proposal and the surrounding community. The description and illustration must explain how the proposal integrates with and responds to existing development patterns through a discussion about the arrangement, location, and massing of all proposed buildings, uses, and site improvements, including streets and paths.

Land use analysis. A detailed written description that demonstrates the need for or benefit of any civic or commercial uses proposed in a residential zone or civic or residential uses proposed in a commercial zone where not allowed in the underlying base zone. The description must be accompanied by professional studies or analyses as needed to adequately support the proposed land uses. The description must also include a table that lists each proposed land use category by location.

Impact identification. A detailed written description of the impacts of the planned development proposal on adjacent properties or the surrounding community that would not occur if the site developed without a planned development approval. If impacts exist, the description must include a detailed mitigation proposal where practicable.

A consolidated planned development application is processed through a Type III-PC procedure as provided in Section 18.710.080.

A consecutive planned development submittal involves two separate applications.

Consolidated planned development. The approval authority will approve or approve with conditions a consolidated planned development application when all of the following criteria are met:

Concept plan. The approval authority will approve or approve with conditions a concept plan application when all of the following criteria are met:

Detailed plan. The approval authority will approve or approve with conditions a detailed plan application when all of the following criteria are met:

Requiring design features that minimize environmental impacts;

Limiting building height, size, or location;

Requiring higher quality materials or building design;

Requiring open space, public spaces, or community amenities;

Requiring separation or screening of uses, buildings, off-street parking areas, or service areas from public spaces or adjacent uses;

Requiring separation or screening of private residential spaces from public spaces or adjacent uses;

Requiring pedestrian access within the development and between the development and the surrounding community;

Requiring pedestrian-oriented design features such as building awnings, first-story windows and entries, or street-facing facades;

Limiting or otherwise designating the size, number, or location of vehicle access points; or

Limiting or otherwise designating the location, intensity, and shielding of outdoor lighting.

This chapter applies to development that requires site development review, except as provided in Subsections 18.780.020.B and C below.

This chapter does not apply to development that is specifically exempted from site development review by another chapter of this title.

This chapter does not apply to development that requires or proposes review through the conditional use or planned development review process.

Site development approval is required to develop a vacant site or to substantially redevelop an existing developed site.

Site development approvals may be modified as allowed by Chapter 18.765, Modifications.

The following types of development require a site development review application that is processed through a Type I procedure as provided in Section 18.710.050:

The following types of development require a site development review application that is processed through a Type II procedure as provided in Section 18.710.060:

The proposed development complies with all applicable base zone standards;

The proposed development complies with all applicable residential and nonresidential development standards;

The proposed development complies with all applicable supplemental development standards, including but not limited to off-street parking and landscaping standards;

The proposed development complies with all applicable special designation standards, including but not limited to sensitive lands protection;

The proposed development complies with all applicable plan district standards and requirements; and

The proposed development complies with all applicable street and utility standards and requirements.

Approval process. A legislative amendment application is processed through a Legislative procedure, as provided in Section 18.710.120.

Approval considerations. A recommendation or a decision for a legislative amendment application may be based on consideration of the applicable legal requirements. They may, but do not necessarily include: Oregon Revised Statutes, Oregon Administrative Rules, one or more Statewide Planning Goals, Metro's Urban Growth Management Functional Plan and any other regional plans.

Approval process.

Approval criteria. A recommendation or decision for a quasi-judicial zoning map amendment or quasi-judicial comprehensive plan amendment will be based on the following: