CENTRAL TUALATIN OVERLAY ZONE
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)
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)
(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
(Ord. No. 1450-20, § 31, 12-14-20; Ord. No. 1463-21, § 21, 12-13-21)
(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.
(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)
(Ord. No. 1450-20, § 32, 12-14-20)
(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)
(Ord. No. 1450-20, § 33, 12-14-20)
(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)
(Ord. No. 1450-20, § 34, 12-14-20)
(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.
(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)
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.
(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
(Ord. No. 1450-20, § 36, 12-14-20; Ord. No. 1463-21, § 22, 12-13-21; Ord. No. 1486-24, § 8, 6-10-24)
(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.
CENTRAL TUALATIN OVERLAY ZONE
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)
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)
(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
(Ord. No. 1450-20, § 31, 12-14-20; Ord. No. 1463-21, § 21, 12-13-21)
(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.
(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)
(Ord. No. 1450-20, § 32, 12-14-20)
(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)
(Ord. No. 1450-20, § 33, 12-14-20)
(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)
(Ord. No. 1450-20, § 34, 12-14-20)
(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.
(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)
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.
(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
(Ord. No. 1450-20, § 36, 12-14-20; Ord. No. 1463-21, § 22, 12-13-21; Ord. No. 1486-24, § 8, 6-10-24)
(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.