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Tualatin City Zoning Code

CHAPTER 58

CENTRAL TUALATIN OVERLAY ZONE

TDC 58.100 - Purpose.

The overall goal of the Central Tualatin Overlay Zone is to strengthen the social and economic development of central Tualatin; encourage and facilitate land uses, private and public, that result in activity during all business hours, evenings, nights, and weekends; and to encourage indoor and outdoor uses. The overlay zone regulations are intended to ensure development contributes towards these goals.

(Ord. No. 1450-20, § 29, 12-14-20)

TDC 58.110 - Zone Boundaries.

The boundaries of the Central Tualatin Overlay Zone and block numbers are depicted in Comprehensive Plan Map 10-3.

(Ord. No. 1450-20, § 30, 12-14-20)

TDC 58.200 - Use Categories in the CC Zone.

(1)

Modifications to Base Zone Use Regulations. Some of the uses permitted in the CC zone are modified in the Central Tualatin Overlay zone. Table 58-1 lists use categories that are modified in the overlay zone as Permitted Outright (P), Conditionally Permitted (C), or Prohibited (N). Use categories may also be designated as Limited (L) and subject to the limitations listed in Table 58-1 and restrictions identified in TDC 58.210. Use categories not listed in Table 58-1 are regulated as specified in the CC zone see TDC Chapter 53.

(2)

Sub-Districts. Modifications to use regulations may vary by the sub-district within the overlay zone. There are three sub-districts within the CC zone in the Central Tualatin Overlay Zone. These sub-districts are defined by the block numbers listed below, except as otherwise noted.

(a)

Residential Sub-District. Blocks 2, 3, 15, 16, 17, 18, 19, 20, 22 and 23.

(b)

Commercial Sub-District. Block 30.

(c)

Central Design District. Central Design District shown on Figure 73-4 and Map 8 of the Central Urban Renewal Plan.

Table 58-1
Modifications to Use Regulations in the CC Zone

USE CATEGORYSTATUSLIMITATIONS AND CODE REFERENCES
RESIDENTIAL USE CATEGORIES
Household Living P (L) Residential Sub-District: Permitted housing types limited to:
• Townhouses;
• Duplexes;
• Triplexes;
• Quadplexes;
• Cottage Clusters;
• Multi-Family Structure;
• Retirement Housing Facility, subject to Subject to TDC 58.210(1); and
•  Residential Homes.
Group Living P (L) Residential Sub-District: Permitted uses limited to:
•  Residential Facilities; and
• Congregate Care Facility, subject to 58.210(1)
COMMERCIAL USE CATEGORIES
All uses permitted in the CG zone P (L) Commercial Sub-District: All uses permitted in the CG zone, pursuant to TDC 54.200, are permitted.
Eating and Drinking Establishments N Central Design District: Take-out restaurant drive-up uses are prohibited.
Retail Sales and Service C/N Central Design District:
• Photo service drive-up uses are prohibited.
• Bank drive-up uses and other drive-up uses are permitted as a conditional use.

 

(Ord. No. 1450-20, § 31, 12-14-20; Ord. No. 1463-21, § 21, 12-13-21)

TDC 58.210 - Additional Standards in the CC Zone.

(1)

Retirement Housing. Retirement housing permitted in the Residential Sub-District is subject to the following additional standards:

(a)

The building, or dwelling units in a mixed-use building, must be designed or renovated specifically for retirement housing;

(b)

A retirement housing building, or retirement housing areas of a mixed-use building, must not be occupied without first obtaining a valid State license. A valid State license must be maintained at all times as a condition of occupancy;

(c)

Public facilities must have capacity to serve the proposed development;

(d)

The housing may be provided as congregate care or as separate units in a retirement housing facility or any combination thereof; and

(e)

Occupancy of retirement housing is limited to persons 55 years of age and older. In the case of couples, one member of the couple must be 55 years of age or older. This restrictive condition must be recorded in the County deed records.

(2)

Architectural Focal Elements. Architectural focal elements are permitted on Blocks 14, 17, 18 and 20 of the Central Tualatin Overlay Zone.

TDC 58.300 - Use Categories in the CG Zone.

(1)

Modifications to Base Zone Use Regulations. Some of the uses permitted in the CG zone are modified in the Central Tualatin Overlay zone. Table 58-3 lists use categories that are modified in the overlay zone as Permitted Outright (P), Conditionally Permitted (C), or Prohibited (N). Use categories may also be designated as Limited (L) and subject to the limitations listed in Table 58-3. Use categories not listed in Table 58-3 are regulated as specified in the CG zone see TDC Chapter 54.

(2)

Sub-Districts. Block 11 is the only sub-district in the overlay zone. The modifications to use regulations in Table 58-3 apply exclusively to Block 11.

Table 58-3
Modifications to Use Regulations in the CG Zone (Block 11)

USE CATEGORYSTATUSLIMITATIONS AND CODE REFERENCES
COMMERCIAL USE CATEGORIES
Retail Sales and Service N Pet Day Care prohibited.
INFRASTRUCTURE AND UTILITIES USE CATEGORIES
Wireless Communication Facilities N All wireless communication facilities prohibited.

 

(Ord. No. 1450-20, § 32, 12-14-20)

TDC 58.400 - Use Categories in the CO Zone.

(1)

Modifications to Base Zone Use Regulations. Some of the uses permitted in the CO zone are modified in the Central Tualatin Overlay zone. Table 58-4 lists use categories that are modified in the overlay zone as Permitted Outright (P), Conditionally Permitted (C), or Prohibited (N). Use categories may also be designated as Limited (L) and subject to the limitations listed in Table 58-4. Use categories not listed in Table 58-4 are regulated as specified in the CO zone see TDC Chapter 50.

(2)

Sub-Districts. Block 1 is the only sub-district in the overlay zone. The modifications to use regulations in Table 58-4 apply exclusively to Block 1.

Table 58-4
Modifications to Use Regulations in the CO Zone (Block 1)

USE CATEGORYSTATUSLIMITATIONS AND CODE REFERENCES
RESIDENTIAL USE CATEGORIES
Household Living P (L) Permitted housing types limited to:
• Townhouse; and
• Multi-Family Structure and duplex Residential Home.
Residential Accessory Uses P (L) Permitted uses limited to Family Day Care subject to ORS 329A.440.
Group Living P (L) Permitted uses limited to:
•  Residential Facility.
COMMERCIAL USE CATEGORIES
Commercial Lodging C
Commercial Recreation C (L) Conditional uses limited to:
• Amusement enterprise, including pool hall, bowling alley, dance hall or skating rink; and
• Private meeting hall, club or lodge hall, or fraternal organizations.
Durable Goods Sales C (L) Conditional uses limited to:
•  Furniture store, including antiques and second-hand furniture;
•  Appliance store, subject to TDC 53.210(2).
Eating and Drinking Establishments C
Retail Sales and Services C/N Memorial Planning and Products Center (as defined in TDC 39.115) not permitted.

All other uses permitted as conditional uses.
INSTITUTIONAL USE CATEGORIES
Colleges, Universities and Private Career Schools C (L) Conditional uses limited to business college.
Community Services C
INFRASTRUCTURE AND UTILITIES USE CATEGORIES
Parks and Open Areas C (L) Conditional uses limited to public park or playground.
Public Safety Facilities C
Wireless Communication Facilities C (L) Conditional uses limited to:
• Wireless Communication Facility Attached; and
• Wireless Communication Facility, located within 300 feet of the centerline of I-5.
Maximum height and minimum setbacks subject to TDC Chapter 73F.

 

(Ord. No. 1450-20, § 33, 12-14-20)

TDC 58.500 - Use Categories in the ML Zone.

(1)

Modifications to Base Zone Use Regulations. Some of the uses permitted in the ML zone are modified in the Central Tualatin Overlay zone. Table 58-6 lists use categories that are modified in the overlay zone as Permitted Outright (P), Conditionally Permitted (C), or Prohibited (N). Use categories may also be designated as Limited (L) and subject to the limitations listed in Table 58-6. Use categories not listed in Table 58-6 are regulated as specified in the ML zone see TDC Chapter 60.

(2)

Sub-Districts. Blocks 28 and 29 are the only sub-districts in the overlay zone. The modifications to use regulations in Table 58-6 apply exclusively to Blocks 28 and 29.

Table 58-6
Modifications to Use Regulations in the ML Zone (Blocks 28 and 29)

USE CATEGORYSTATUSLIMITATIONS AND CODE REFERENCES
COMMERCIAL USE CATEGORIES
Commercial Recreation P (L) Permitted uses limited to health or fitness facility.
Durable Goods Sales P (L) Some uses subject to limitations, see TDC 58.510(1).
Eating and Drinking Establishments P (L) All uses subject to TDC 58.510(2).
Medical Office P
Office P
Other Educational and Vocational Services P
Quick Vehicle Servicing N Retail automobile service stations (gas stations) and nonretail cardlock stations (cardlock gas stations) are prohibited.
Retail Sales and Services P
Vehicle Repair P
Vehicle Storage P (L) Permitted uses limited to automobile towing company office and dispatch office with no outdoor storage of towed vehicles.
INDUSTRIAL USE CATEGORIES
Light Manufacturing P (L) Permitted uses limited to:
• Assembly, packaging, and treatment of beer and other alcohol products, with or without a tasting or tap room;
• Optical lens grinder; and
• Testing laboratory.
INSTITUTIONAL USE CATEGORIES
Colleges, Universities and Private Career Schools P (L) Permitted uses limited to business college.

 

(Ord. No. 1450-20, § 34, 12-14-20)

TDC 58.510 - Additional Standards in the ML Zone.

(1)

Durable Goods Sales. Additional limitations apply to Durable Goods Sales uses, as specified by this section:

(a)

Home Improvement Stores. Garden tractors sold on-site must not exceed 25 horsepower.

(b)

Auto Leasing Office. No more than five (5) vehicles may be stored on site.

(c)

Boat, Boat Motor and Boat Trailer Sales.

(i)

Maintenance, service and repair of boats, motors and trailers is not permitted.

(ii)

The scale of products sold on-site is limited as follows:

(A)

Boats must not exceed 18 feet in length; and

(B)

Boat motors must not exceed 40 horsepower.

(2)

Eating and Drinking Establishments. Eating and Drinking Establishments are subject to the following provisions:

(a)

Drive-throughs are prohibited; and

(b)

Take-out restaurants must be smaller than 1,500 square feet, seat no more than 50 people, and be located at least 200 feet away from a public street right-of-way, unless the right-of-way is separated from the restaurant by railroad right-of-way, in which case the restaurant must be at least 100 feet away from a public street right-of-way.

(3)

Outdoor Uses. All additional uses permitted in the ML Plan District pursuant to this section must be conducted wholly within an enclosed building, except the following:

(a)

Home Improvement Stores. Building and home improvement materials and supplies retail sales store's that have a gross floor exceeding 50,000 square feet may have an outdoor storage, display, and sales area subject to the following provisions:

(i)

The outdoor area must abut a wall of the store;

(ii)

The outdoor area must not exceed 15,000 square feet;

(iii)

No less than 50 percent of the outdoor area must be covered by a permanent roof;

(iv)

All sides of the outdoor area not abutting a wall of the store must be screened with a sight obscuring fence, wall, berm, or dense evergreen landscaping not less than 6 feet in height as approved through the Architectural Review process; and

(v)

Stored materials must not exceed the height of the sight obscuring barrier when viewed from street level.

(b)

Boat, Boat Motor and Boat Trailer Sales. Retail sales of boats, motors, and trailers may have an outdoor storage, display, and sales area subject to the following provisions:

(i)

The sales of boats, motors, and trailers must not be the primary products sold by the store;

(ii)

The outdoor area must abut a wall of the store;

(iii)

The outdoor area must not exceed 5,000 square feet;

(iv)

No less than 25 percent of the outdoor area must be covered by a permanent roof;

(v)

All sides of the outdoor area not abutting a wall of the store must be screened with a sight obscuring fence, wall, berm, or dense evergreen landscaping not less than six feet in height as approved through the Architectural Review process; and

(vi)

Stored materials must not exceed the height of the sight obscuring barrier when viewed from street level;

(4)

Size Limitation. All additional uses, or combination of additional uses, permitted in the ML Plan District pursuant to this section cannot exceed 60,000 square foot per parcel.

TDC 58.600 - Use Categories in the RH Zone.

(1)

Modifications to Base Zone Use Regulations. Within the Central Tualatin Overlay Zone, the uses permitted in the RH zone may be mixed with the uses permitted in the CC zone. Development standards for sites within the RH zone in the Central Tualatin Overlay are subject to TDC 58.800.

(2)

Sub-Districts. Blocks 25 and 4 are the only sub-districts in the overlay zone.

(Ord. No. 1450-20, § 35, 12-14-20)

TDC 58.700 - Use Categories in the RH-HR Zone.

Within the Central Tualatin Overlay Zone, the uses permitted in the RH-HR zone are not modified. The RH-HR zone allows for high-density development in the Central Tualatin Overlay Zone. Some development standards, including density and minimum lot size, for sites within the RH-HR zone in the Central Tualatin Overlay are subject to TDC 58.800.

TDC 58.800 - Central Tualatin Overlay Development Standards.

(1)

Development standards in the Central Tualatin Overlay Zone are listed in Table 58-7 by zone and by block. Where no standard is listed, the standards of the base zone apply.

(2)

Exceptions. Existing nonconforming situations may be developed according to the provisions of TDC Chapter 35.

Table 58-7
Development Standards in the Central Tualatin Overlay District

STANDARDREQUIREMENTLIMITATIONS AND CODE REFERENCES
CENTRAL COMMERCIAL (CC)
Density within the Residential Sub-District 16-25 dwelling units per acre
Minimum Lot Width 40 feet For mixed use developments, and multi-family dwellings on separate lots, lot areas, widths and frontages are determined through the Architectural Review Process.
Minimum Lot Width at the Street 40 feet
Minimum Lot Width at the Street on a Cul-De-Sac Street 35 feet
GENERAL COMMERCIAL (CG)
Minimum Lot Size 25,000 square feet
Minimum Lot Width 100 feet
Minimum Lot Width at the Street 40 feet
Minimum Lot Width at the Street on a Cul-De-Sac Street 40 feet
COMMERCIAL OFFICE (CO)
Density 16-25 dwelling unit per acre
Minimum Lot Size 25,000 square feet Lot sizes for townhouses must conform to the lot size standards of the RH District.
LIGHT MANUFACTURING (ML)
Minimum Lot Size, Block 28 20,000 square feet
Minimum Lot Size, Block 29 25,000 square feet
GENERAL MANUFACTURING (MG)
Minimum Lot Size, Block 24 25,000 square feet
RESIDENTIAL HIGH DENSITY (RH)
Density 16—25 dwelling units per acre
Minimum Lot Size, Block 25 40,000 square feet When permitted uses are mixed with the uses permitted in the CC zone, lot sizes are determined through the Architectural Review Process.
Minimum Setbacks, Block 25 When permitted uses are mixed with the uses permitted in the CC zone, setbacks are determined through the Architectural Review Process.
Maximum Structure Height 45 feet When permitted uses are mixed with the uses permitted in the CC zone.
RESIDENTIAL HIGH DENSITY HIGH RISE (RH/HR)
Density 26-30 dwelling units per acre
Minimum Lot Size, Blocks 31 and 33 40,000 square feet
Minimum Lot Size, Block 26 25,000 square feet

 

(Ord. No. 1450-20, § 36, 12-14-20; Ord. No. 1463-21, § 22, 12-13-21; Ord. No. 1486-24, § 8, 6-10-24)

TDC 58.810 - Additional Development Standards.

(1)

Lot Size for Infrastructure and Utilities Uses. Lot Size for Infrastructure and Utilities Uses must be established through the Subdivision, Partition or Lot Line Adjustment process.

(2)

Minimum Lot Width for Flag Lots. For flag lots, the minimum lot width at the street must be sufficient to comply with at least the minimum access requirements in TDC 73C.