The following sections are collectively known as "The Planning District Standards of the City of Tualatin Community Development Code."

(Ord. 590-83 §1, 4-11-83; Ord. 1009-98 §34, 11-9-98; Ord. 1414-18, 12-10-18)

In order to carry out the objectives of the Tualatin Comprehensive Plan, land within the City is divided into planning districts or zones. The established planning districts are designated on the Plan Map. The planning district (zone) designations are as follows:

(Ord. 590-83 §1, 4-11.83; Ord. 592-83, 6-13-83; Ord. 1216-06, 7-24-06;Ord. 1414-18, 12-10-18; Ord. No. 1450-20 meeting, § 3, 12-14-20)

Each planning district (zone) is designated on the Plan Map of the Tualatin Comprehensive Plan. To carry out the purposes of the planning district standards, the Plan Map of the Tualatin Comprehensive Plan is known as the "Planning District Map." The primary function of the Planning District Map is to describe the boundaries of the planning districts so that people using this Code may determine which planning district standards regulate the use and development of their land.

(Ord. 590-83 §1, 4-11-83; Ord. 1414-18, 12-10-18; Ord. No. 1450-20 meeting, § 3, 12-14-20)

Except as otherwise provided, the boundaries of each planning district designated on the Planning District Map are intended to follow, wherever possible, property lines, extensions of property lines, natural features such as creeks or riverbanks, and the centerlines of public highways. Where this is not possible, the boundaries between planning districts are drawn to scale. In the event that the exact location of any planning district boundary is ambiguous or uncertain for any reason, the Council, by resolution, may establish the exact location of any such boundary.

(Ord. 590-83 §1, 4-11-83; Ord. 1414-18, 12-10-18 )

As used in this Code, the masculine includes the feminine and the neuter, and the singular includes the plural. For the purposes of the TDC, the following words and phrases, unless the context otherwise requires, mean:

Access Management. City regulations of access to streets, roads, and highways from public roads and private driveways. Regulations may include but are not limited to restrictions on the siting of interchanges, restrictions on the type, number, and location of access to roadways, and use of physical controls, such as signals, channelization, and raised medians.

Accessory Dwelling Unit (ADU). See, Residential Structure Types.

Accessory Structure or Use. A structure or use incidental and subordinate to the main use of the property and which is located on the same lot with the main use, which includes, but is not limited to, garage, carports, tool sheds, private greenhouses, utility buildings, and home occupations.

Accessway. A non-vehicular, paved pathway designed for pedestrian and bicycle use and providing convenient linkages between a development and adjacent residential and commercial properties and areas intended for public use, which includes, but is not limited to, schools, parks, and adjacent collector and arterial streets where transit stops or bike lanes are provided or designated. An accessway is not a sidewalk.

Adequate Public Facilities. Public improvements determined by the Council or City Manager to be of adequate size and capacity, and capable of supporting and servicing the physical area and designated intensity of the proposed development.

Adjacent Property. A property or unit of land which is touching, or which is across from a public right-of-way, easement, small creek, or small stream, from the extension of the property lines of the subject property.

Aisle. The corridor by which cars enter and depart parking spaces.

Alley. A narrow street through a block, primarily for vehicular service access to the back or side of properties otherwise abutting on another street.

Animal, Small. A domestic animal, such as a dog, cat, rabbit, or guinea pig, accepted by the American Veterinary Medical Association as a household pet.

Antenna. A device commonly in the form of a metal rod, wire panel or dish, for transmitting or receiving electromagnetic radiation. It is typically mounted on a supporting tower, pole, mast, or building.

Applicant. The owner of land proposed to be developed, or a representative, who has express written authority to act on behalf of the owner.

Arborist. A professional listed as a certified arborist or a registered consulting arborist.

Arcades. A continuous passageway parallel to and open to a street, open space, or building, usually covered by a canopy or permanent roofing, and accessible and open to the public.

Architectural Feature or Architectural Features. The portion of a structure or remodeling activity which is regulated or controlled by the objectives, criteria and standards for architectural, graphic and landscaping design, which are subject to Architectural Review, and includes all aspects of an Architectural Review Plan which are not Utility Facilities.

Architectural Focal Element. A publicly-owned structure whose primary function is to attract attention and create a special sense of place.

Assembly. As used in the Manufacturing Planning districts, assembly means the putting together of a final product using parts and components that have been fabricated elsewhere and shipped in. See also Manufacturing.

At or Near a Major Transit Stop.

At a major transit stop means a parcel that is adjacent to or includes a major transit stop or is located within 200 feet of a major transit stop.

Near a major transit stop means a parcel that is within 300 feet of a major transit stop.

Awning. A shelter supported entirely by the exterior wall of a building and composed of nonrigid materials except for a supporting framework.

Barriers. Physical or topographic conditions that make a street or accessway connection impracticable. Such conditions include but are not limited to freeways; railroads; steep slopes; wetlands or other bodies of water where a connection could not reasonably be provided; where buildings or other existing development on adjacent lands physically preclude a connection now or in the future considering the potential for redevelopment; and where streets or accessways would violate provisions of leases, easements, covenants, restrictions or other agreements existing as of May 1, 1995 which preclude a required street or accessway connection, or the requirements of Titles 3 and 13 of the Metro Urban Growth Management Functional Plan (UGMFP).

Bike Facilities. On and off-street improvements and facilities designed to accommodate or encourage bicycling.

Bike Lane. The area within the street right-of-way designated for bicyclists and separated from motorized vehicular traffic by striping, signing, and pavement markings.

Bike Parking, Long-term. Facilities for parking bicycles for stays of more than four hours.

Bike Parking, Short-term. Facilities for parking bicycles for stays of less than four hours.

Bike Path. A bikeway physically separated from motorized vehicular traffic by an open space or barrier and either within the public street right-of-way or within an independent right-of-way or easement.

Bikeway. Any path or roadway facility that is intended for and suitable for bicycle use.

Buffer. A landscaped portion of land established to separate and protect incompatible land uses.

Buildable Area. The area of a lot remaining after the minimum yard and open space requirements of the zoning ordinance have been met.

Building. A structure that has a roof and is enclosed on at least 50 percent of the area of its sides.

Building Coverage. That portion or percentage of a lot utilized by a building or structure, excluding parking lots and driveways or sidewalks.

Building Official. The person charged by a municipality with responsibility for administration and enforcement of the state building code in the municipality as defined by ORS 455.715.

Business. All of the activities carried on by the same legal entity on the same premises, whether or not the enterprise operates for profit, and includes freemasonry, fraternal, religious, educational or social organizations. "Legal entity" includes, but is not limited to, individual proprietorships, partnerships, corporations, nonprofit corporations, associations, and joint stock companies.

Business Occupant. A nonresidential use of real property by an owner or lessee. Each user is considered a separate business occupant if the user has an independent or distinct property right in the real property.

Bus Stop. See Transit Stop.

Caliper. The diameter of a tree trunk measured at a prescribed height.

Canopy. A rigid non-movable roof-like structure supported only by columns or posts permanently affixed to the ground, or by a building at one or more points or extremities and by columns or posts in the ground at other points or extremities.

Central Design District. The Central Design District as identified in Section F of the Central Urban Renewal Plan.

Certificate of Appropriateness. A final written decision of approval, approval with conditions or denial from the City Manager or City Council for demolition, relocation, alteration, or new construction concerning a landmark.

Child Care:

Child Care Center. A child care facility that is certified to care for thirteen or more children, or a facility that is certified to care for twelve or fewer children and located in a building constructed as other than a single family dwelling.

Child Care Facility. Any facility that provides child care to children, including a child care center, certified family child care home, and registered family child care home. It includes those known under a descriptive name, such as nursery school, preschool, kindergarten, child play school, before and after school care, or child development center, except those excluded under ORS 657A.250. This term applies to the total child care operation. It includes the physical setting, equipment, staff, provider, program, and care of children.

Certified Child Care Provider. A person licensed by the State of Oregon to provide Child Care ORS329A.280.

Family Child Care Home, Registered. The residence of the provider who has a current Family Child Care Registration at that address and who provides care in the family living quarters, as provided by ORS 329A.330.

Family Child Care Provider, Registered. An individual who operates a family child care home that is registered under ORS 329A.330.

Children's Play Area. An area designated for the recreation of children. Such areas may include sand boxes, bark chip areas, areas containing play structures, basketball courts, hard surface courts and wading pools.

Citizen Involvement Organization. As provided in the Tualatin Municipal Code Chapter 11-9 Citizen Involvement Program.

City. The City of Tualatin, Oregon, a municipal corporation.

City Manager. The person appointed by the City Council as the City Manager, or the City Manager's designee.

Civic Rooms. Outdoor areas that are open to the public where the space is defined by the locations of buildings, landscaping, or accessways.

Clean Water Services (CWS). A special service district (formerly known as the Unified Sewerage Agency) that serves as a separately managed and financed public utility and provides stormwater and wastewater services in partnership with 12 member cities in Washington County, including Tualatin. CWS maintains and enhances the public drainage system to meet public needs and to comply with strict water quality regulations set for the Tualatin River drainage area by the Oregon Department of Environmental Quality (DEQ).

Commercial Use. See Chapter 39 (Use Categories).

Common courtyard. An outdoor common area for shared use by residents of a Cottage Cluster.

Common Wall Dwellings. Dwelling units characterized by shared wall structures, including, but not limited to, duplexes, triplexes, rowhouses, townhouses, multi-family dwellings, and condominiums.

Compliance Agreement. A contract entered into by the owner and the City Manager, on behalf of the City, by which the owner promises to complete the required public improvements relating to a subdivision or partition within a specified time period in exchange for the City granting final subdivision or partition plat approval prior to completion of required public improvements.

Condominium. A property with a building or group of buildings, submitted to the provisions for condominiums in state statutes, in which units are owned individually, and common areas, structures, facilities, easements, rights and appurtenances belonging to the property are owned by all the owners on a proportional, undivided basis.

Congregate Care Facility. See Residential Structure Types.

Cottage. An individual dwelling unit with a building footprint, measured outside of all exterior walls and supporting columns, of not more than 899 square feet in size that is part of and subject to the requirements of a Cottage Cluster. The building footprint does not include: detached garages or carports; accessory structures; trellises; patios; areas of porch, deck, balcony less than 30 inches from finished grade; cantilevered covers, porches, or projections; ramps or stairways required for access.

Cottage Cluster. See Residential Structure Types.

Craft of Building. Using skill and expertise in the design and quality of the construction of the building, especially in the building's architectural details.

Cross Access. A service drive providing vehicular access between two or more contiguous sites so the driver need not enter the public street system.

Cul-de-sac. A dead end street terminating in a turnaround.

Customer Entry Area. For the Mixed Use Commercial Overlay District only, a customer entry area is defined as the area up to five feet on each side of the customer entry doors and extending perpendicular no further than ten feet from the doors.

Decibel.

• Decibel (dB) means to a unit for measuring the volume of a sound, equal to 20 times the logarithm to the base ten of the ratio of the pressure of the sound measured to the reference pressure. The reference pressure is 20 micropascals (20 micronewtons per square meter).

• "dBA" refers to the standard "A" weighting network as specified in the American National Standard Specification for Sound Level Meters (ANSI §1.4—1971).

Demolition. Raze, destroy, dismantle, or in any other manner cause significant partial or total destruction of a building, structure, or landmark.

Density Transfer Project. A residential development in a Medium Low Density Residential (RML) zone consisting of an area of development that contains detached and attached (zero lot line) dwellings on lots approved through a Subdivision or Partition application, where an amount of unused density from dwellings on individual lots may be transferred to and used toward multi-family dwellings.

Developable Area. The privately owned land area upon which site improvements are to be placed, including, but not limited to, buildings, landscaping, parking, loading, vehicular circulation areas, outdoor storage, and water quality facilities. Developable areas do not include public rights-of-way and wetlands.

Development or Redevelopment. A planning or construction project involving property improvement, or a change of land-use character within the site; the act of using land for building or extractive purposes.

Development Application. The application form and checklist which sets forth all submittal requirements for approval of development proposals, including, but not limited to, architectural review, subdivision, partition and property line adjustment.

Development Project. A defined and planned undertaking for the physical development or redevelopment of real property, and subject to a submitted or approved development application.

Drip Line. The outside boundary of the branches of a tree, projected downward to the ground. For the purposes of this Development Code, a drip line will be assumed to be circular rather than irregular, elliptical or whatever its actual shape might be. While the drip line need not be centered on the tree trunk, in the instance of an irregularly shaped tree, the minimum distance radius from the trunk of the tree shall be measured so that the drip line area is most advantageous to the tree's health.

Drive-Through Facility. A facility or structure that is designed and intended to allow drivers to remain in their vehicles before and during participation in an activity on the site.

Driveway. A private way providing ingress and egress from private property to a public or private street.

Driveway approach. The intersection of an access providing direct vehicle ingress and egress to property and the public right-of-way. Driveway approach includes the concrete or asphalt ramp and public sidewalk located within the public right-of-way between the street travel surface and the property line.

Duplex. See Residential Structure Types.

Dwelling Unit. See Residential Structure Types.

Easement. A nonpossessory interest in the land of another which entitles the owner of the interest to a limited use or enjoyment of the other's land and to protection from interference with this use.

Election. The time designated by law for voters to cast ballots for candidates and measures.

Electric vehicle charging station. A device or facility for delivering electricity for motor vehicles that use electricity for propulsion (see ORS 455.417).

ESEE Analysis. A type of analysis which is used to help determine if a particular resource should be protected in accordance with Statewide Planning Goal 5. The analysis examines competing values to determine what the controlling value should be for the individual resources being examined. The analysis considers economic, social, energy and environmental values.

Evergreen. Having foliage that remains green until the formation of new foliage.

Exterior Major Remodeling. Modifications to the exterior of a building or placement of new mechanical equipment which are visible from a public right-of-way such as installation of new exterior material, addition of canopy or installation of dust collectors or storage tanks.

Family. A person living alone or two or more related or unrelated persons living together in a single dwelling unit.

Final Approval. The official action taken on a preliminarily approved subdivision, partition or property line adjustment, after all conditions, engineering plans, and other requirements have been completed or fulfilled and the required public improvements have been installed, or where satisfactory security to assure completion of such improvements has been properly posted.

Fish and Wildlife Habitat Area. An area in the Natural Resource Protection Overlay District or in a Clean Water Services Vegetated Corridor.

Floor Area. The total floor area of a building, both above and below ground with a clear ceiling height of at least seven feet. Floor area is measured from the interior walls of a building or structure and does not include the following:

(1)

Roof area;

(2)

Rooftop mechanical equipment;

(3)

Roofed porches, exterior balconies, or other similar areas, unless they are enclosed by walls that are more than 42 inches in height, for 50 percent or more of their perimeter; and

(4)

Vents, shafts, courtyards, stairwells, elevator shafts, rooms designed and used for the purpose of storage and operations of maintenance equipment and enclosed or covered parking areas.

Floor Area Ratio. The ratio of the total amount of enclosed gross floor area within a structure to the amount of buildable acreage. For purposes of calculation, both gross floor area and net site area shall be converted to square feet. Total gross floor area is measured from the exterior faces of a building or structure, and does not include basement or semi-subterranean areas used for storage or parking.

Frontage. Means Lot Line, Front. See, Lot Line, Front definition.

Functional Classification. A system used to group public roadways into classes according to their purpose in moving vehicles and providing access.

Garage. A building or portion thereof designed for the storage of a motor vehicle licensed to operate on public highways.

Gateway Tower Element. A tall structure, rectilinear or round in plain view, that rises to a greater height than the surrounding buildings and which is located in a 3.0 acre or larger commercial center development that is in the General Commercial (CG) Planning District and within a 1,000 foot radius of either (1) the intersection of the centerline of SW Nyberg Street with the centerline of Interstate 5, or (2) the intersection of the centerline of SW Lower Boones Ferry Road with the centerline of Interstate 5.

Governmental Structure. A structure to be used by a federal, state or local government or municipality, special district, or agency of any such government, excepting public transportation shelter structure.

Green Building. The use of natural vegetation, alternative building products using natural or recycled materials, or energy efficient design in the construction of buildings, structures, or sites.

Green Design. The use of natural vegetation, alternative building products using natural or recycled materials, or energy efficient design in the design of buildings or structures.

Green Streets. The use of natural vegetation, alternative building products using natural or recycled materials or energy efficient design in the construction of streets, sidewalks, or parking areas.

Gross Floor Area. The sum of the gross horizontal areas of the several floors of a building or structure measured from the exterior face of exterior walls, or from the centerline of a wall separating two buildings.

Gross Leasable Area. The total floor area designed for tenant occupancy and exclusive use, expressed in square feet and measured from the center-line of joining partitions and from outside wall faces.

Group Living:

Congregate Care Facility. Retirement housing with common dining facilities and housekeeping services.

Group Living Unit. In assisted living facilities, residential facilities and congregate care facilities, a room, apartment, cottage or other area set aside for the use of a resident individual or couple.

Nursing Facility. A State of Oregon Licensed Intermediate or Long-term care facility including facilities identified as a nursing home, skilled nursing facility, or convalescent care as defined in Oregon Revised Statutes (ORS) Chapter 678 and Chapter 442.

Residential Facility. A residential facility providing residential care, training or treatment for six or more individuals exclusive of staff, as defined in ORS 443.400.

Height, Structure. Height of a structure is the vertical distance above a reference datum measured to the highest point of the coping of a flat roof or to the deck line of a mansard roof or to the average height of the highest gable of a pitched or hipped roof. The reference datum must be elected by either of the following, whichever yields a greater height of building: (1) the elevation of the highest adjoining sidewalk or ground surface within a five-foot horizontal distance of the exterior wall of the building when such sidewalk or ground surface is not more than ten feet above lowest grade; (2) An elevation ten feet higher than the lowest grade when the sidewalk or ground surface described in Item (1) above is more than ten feet above lowest grade. The height of a stepped or terraced building is the maximum height of any segment of the building.

Highway. When used in reference to railroad-highway grade crossing, "highway" includes all roads, streets, alleys, avenues, boulevards, parkways and other places in this state actually open and in use, or to be opened and used for travel by the public.

Home Occupation. A home occupation is a lawful business, occupation or activity undertaken for financial gain that: (1) is conducted in a residential planning district in or on the premises of a dwelling unit that serves as its principal place of business; (2) by a resident of the dwelling unit; (3) who is the sole proprietor, owner, partner, franchise owner or holder of the business, occupation or activity; and (4) is secondary and incidental to the use of the dwelling for dwelling purposes.

Housing Density. The number of dwelling units per acre of land, rounded to the nearest whole number. (For example, 12.5 is rounded to 13 and 12.49 is rounded to 12.)

Improvement Types:

Landscape Improvements (excluding greenways, parks and other Parks and Recreation Department roadside improvements). Addition or modification of landscape materials to a site which has not obtained prior Architectural Review approval or installation of landscape material which is substantially different than approved through a prior Architectural Review.

Private Improvements. Includes any drainage ditch, roadway, parkway, bikeway, walkway, pedestrian way, tree, lawn, off-street parking area, lot improvement, water utility, sanitary sewer utility, storm drainage utility, street or other facility which the property owner, and not a governmental authority, is responsible for maintaining and operating.

Public Improvements. Includes any drainage ditch, roadway, parkway, bikeway, sidewalk, pedestrian way, tree, lawn, off-street parking area, lot improvement, water utility, sanitary sewer utility, storm drainage utility, street or other facility constructed in compliance with the Public Works Construction Code for which the City or other governmental authority will ultimately assume the responsibility for maintenance and operation.

Industrial Master Plan. A plan, approved by the Tualatin City Council, that guides development within the boundaries of an Industrial Master Plan Area defined by that plan and located within a Manufacturing Park Planning District.

Industrial Master Plan Area. The area within the boundaries of an Industrial Master Plan.

Industrial Use. See Chapter 39 (Use Categories).

Joint Access (or Shared Access). A driveway connecting two or more contiguous sites to the public street system.

Landmark or Landmark Related. See TDC Chapter 68 (Historic Preservation).

Landscape Improvement See Improvement Types.

Landscaped Plaza. An open space which may consist of trees, plants and lawn combined with decorative features such as fountains, paving bricks, benches or other site furniture.

Landscaping. The improvement of land by such means as contouring, planting of lawn, groundcover plants, shrubs or trees, and by the location of outdoor structures, courtyards, planters, raised beds, walkways and other similar features.

Limited Land Use Decision. Defined in ORS 197.015 and outlined in ORS 197.195 means a final decision or determination made by a local government pertaining to a site within an urban growth boundary that concerns: (1) the approval or denial of a tentative subdivision or partition, as described in ORS Chapter 92.040 (Application for approval of subdivision or partition); (2) the approval or denial of an application based on discretionary standards designed to regulate the physical characteristics of a use permitted outright, including, but not limited to, site review and design review.

Limited Land Use Decision does not mean a final decision made by a local government pertaining to a site within an urban growth boundary that concerns approval or denial of a final subdivision or partition plat or that determines whether a final subdivision or partition plat substantially conforms to the tentative subdivision or partition plan.

L-max. A maximum noise level, measured in dBA and occurring over any duration or amount of time.

Local Government Unit. Any unit of local government, including a city, county, incorporated town or village, school district, any other special district, or any other municipal or quasi-municipal corporation, intergovernmental authority created pursuant to ORS 190.010, a district as defined in ORS 198.010, 198.180, and 198.210 or an urban renewal agency established under ORS 457.035.

Lot. A unit of land that is created by a subdivision of land as set forth in ORS 92.010—92.190. Lot and parcel are used interchangeably in the Tualatin Development Code to refer to a legally established unit of land. See also Parcel or Lot of Record.

Lot Area. The total horizontal area, calculated in square feet, within the property lines of the lot.

Lot Coverage. The proportional amount of land on a lot covered by buildings.

Lot Line. The property line bounding a lot. (Also known as a property line).

Front Lot Line. A lot line that abuts a street. If two or more lot lines abut a street, the shortest of the lot lines is the front lot line; if two or more lot lines of equal length abut a street, the front line is the lot line that abuts the street of the lower functional classification; and if two or more lot lines are of equal length and abut streets of the same functional classification, any of the lot lines that abut a street can be designated the front lot line.

Rear Lot Line. A lot line which is opposite and most distant from the front lot line. In the case of an irregular or other-shaped lot, the rear lot line is the lot line or lines most distant from the front lot line. For triangular-shaped lots, the rear lot line is a line ten feet in length within the lot, perpendicular to the side lots, and that is parallel to and at a maximum distance from the front lot line.

Side Lot Line. Any lot line that is not a front line or rear lot line.

Lot Line Adjustment. The relocation of a common property line between two abutting properties. (Also known as Property Line Adjustment.)

Lot of Record. A lot of record is a plot of land: (1) which was not created through an approved subdivision or partition; (2) which was created and recorded before July 26, 1979; and (3) for which the deed, or other instrument dividing the land, is recorded with the appropriate county recorder. See also Lot or Parcel.

Lot Types:

Corner Lot. A lot abutting two intersecting streets other than an alley.

Double Frontage Lot. A lot having public right-of-way frontage on two sides, but is not a corner lot; or a lot having frontage on three sides.

Flag Lot. A lot the major portion of which has access to a public street by means of a narrow strip of the lot. Flag Lot. For newly created flag lots, the property owner can designate which lot line is to be the front lot line, so long as the front lot line is one of the lot lines that make up the flag portion of the lot and the rear lot line is the property line most distant from, and opposite, the designated front lot line.

Primary Condominium Lot. A large lot, usually held in common ownership by condominium owners, and containing secondary condominium lots.

Reserve Frontage Lot. A lot which is required by the City to take access across a specified lot line to separate residential development from railroad tracks or crossings, arterial or collector streets, adjacent non-residential uses, or to overcome specific disadvantages of topography and orientation.

Secondary Condominium Lot. A small, individually owned lot, usually encompassing the perimeter of a dwelling unit and located inside the primary condominium lot.

Through Lot. A lot that fronts upon two parallel streets or that fronts upon two streets that do not intersect at the boundaries of the lots.

Lot Width. The horizontal distance between the side lot lines, ordinarily measured parallel to the front lot line, at the center of the lot, or, in the case of a corner lot, the horizontal distance between the front lot line and a side lot line.

Average Lot Width. The sum of the length of the front lot line and the rear lot line divided by 2.

Major Driveway. Access is considered a major driveway when controlled by a traffic signal.

Major Remodeling. Any man-made exterior modifications to improved or unimproved real property, including, but not limited to, the construction, installation, or alteration of a building or other structure; any remodeling that substantially changes the exterior appearance of the building (including painting); any site alteration which substantially alters the topography or appearance of the site; and any change in occupancy from single family use to commercial or industrial use.

Major Transit Stop. See Transit Stop, Major.

Manufactured Dwelling Types.

Manufactured Dwelling, as defined in state law ORS 446.003. A residential trailer, mobile home or manufactured home, but not including any building or structure subject to the State of Oregon Structural Specialty Code adopted pursuant to ORS 55.100 to 455.450 and 455.610 to 455.630 or any unit identified as a recreational vehicle by the manufacturer.

Manufactured Home. A structure constructed for movement on the public highways that has sleeping, cooking, and plumbing facilities, that is intended for human occupancy, that is being used for residential purposes, and that was constructed after June 15, 1976 and in accordance with federal manufactured housing construction and safety standards and regulations in effect at the time of construction.

Mobile Home. A structure constructed for movement on the public highways that has sleeping, cooking and plumbing facilities, that is intended for human occupancy, that is being used for residential purposes and that was constructed between January 1, 1962, and June 15, 1976, and met the construction requirements of Oregon mobile home law in effect at the time of construction.

Residential Trailer. A structure constructed for movement on the public highways that has sleeping, cooking and plumbing facilities, that is intended for human occupancy, that is being used for residential purposes and that was constructed before January 1, 1962.

Manufactured Dwelling Park (includes Mobile Home Park). Any place where four or more manufactured dwellings are located within 500 feet of one another on a lot, tract or parcel of land under the same ownership, the primary purpose of which is to rent or lease space or keep space for rent or lease to any person for a charge or fee paid or to be paid for the rental or lease or use of facilities or to offer space free in connection with securing the trade or patronage of such person consistent with state law ORS 446.003.

Marijuana. All parts of the plant of the Cannabis family Cannabaceae, whether growing or not; the resin extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture, or preparation of the plant or its resin, and includes both medical and recreational marijuana as defined by Oregon law.

Edible Marijuana. Edible product that contains marijuana.

Homegrown Marijuana. Marijuana grown or made by a person 21 years of age or older for noncommercial purposes.

Marijuana Extract. A product obtained by separating resins from the marijuana plant by solvent extraction.

Marijuana Facility. A commercial or public use or structure where marijuana is produced, processed, wholesaled, retailed, distributed, transferred, sold or consumed and registered with the Oregon Health Authority (OHA) or the Oregon Liquor Control Commission (OLCC).

Marquee. A projecting, permanent, roofed structure attached to and supported only by a building.

Mixed Solid Waste. Solid waste that contains recoverable or recyclable materials, and materials that are not capable of being recycled or recovered for further use.

Mixed Use Development. A tract of land or building or structure with two or more different uses such as, but not limited to, residential, office, retail, manufacturing, public, or entertainment, in a compact urban form.

Mixed Use Residential Development. A mixed use development containing one or more residences.

Mobile Food Unit. A vehicle that is self-propelled or that can be pulled or pushed down a sidewalk, street, highway, or water on which food is prepared, processed, or converted, or which is used in selling and dispensing food to the public. Mobile Food Units include, but are not limited to, food trucks, and food carts.

Mobile Home. See Manufactured Dwelling Types.

Mobile Home Park. See Manufactured Dwelling Park.

Modular Home. See Residential Structure Types.

Multi-Family Dwelling. See Residential Structure Types.

Multi-Use Path (Trail). A path (trail) accommodating multi-modal active transportation. They serve as routes for recreational, commuter and destination-oriented trips.

Mural. A pictorial or graphic decoration, illustration, visual representation or art work which is applied directly to a wall and does not contain letters, numbers, logos, brand names or trademarks. Murals are Architectural Features which are reviewed through the Architectural Review process.

Net Acres. The area proposed for development measured to the property lines of the parcel(s) or development site boundary or lot after all deductions are made. Deductions include:

(1)

The following sensitive land areas:

(a)

Land within the 100-year floodplain that is preserved in a tract;

(b)

Land exceeding 25 percent slope;

(c)

Drainage ways; and

(d)

Wetlands and associated buffers.

(2)

Land dedicated to the public for park purposes; and

(3)

Land dedicated to the public for rights-of-way and stormwater facilities. When actual information is not available, the following formulas may be used:

(a)

Single-family development: allocate 20 percent of gross acres;

(b)

Multi-family development including, but not limited to, apartments, condominiums and townhouses: allocate 15 percent of gross acres.

Noise Sensitive Property. Any residence, apartment, condominium, multi-family dwelling or any school, church, nursing home, retirement home, group care home or day care center located in a residential planning district.

Nonconforming Situations, Development, or Lots. See TDC Chapter 35 (Nonconforming Situations).

Off-Site. Any area not located within the property to be developed, whether or not in the common ownership of the applicant for development approval.

Off-Street Parking. Parking spaces provided for motor vehicles on individual lots and not located on public street right-of-way. Off-street parking includes surface lots, parking structures, and underground parking.

Outdoor Dining Facility. An establishment that serves food and beverages in an outdoor setting as part of a restaurant.

Outdoor Recreational Access Route. A pedestrian path that provides access to a recreation trail. These trails are on City-owned property, exclusive rights-of-way or easements, but are not necessarily located in a designated greenway. They are typically ¼ mile or less in length.

Outdoor Shared Areas. Common areas in multi-family developments used by residents for outdoor activities. Outdoor shared areas can include, but are not limited to open lawn areas, gazebos, covered spaces, swimming pool areas, walking trails or sport recreation fields.

Overhead Door. An opening in a wall that is at least eight feet wide and eight feet in height and that is used as an access to a loading dock, loading bay, vehicle service bay, or other similar work area. The opening is covered by a door that opens overhead.

Owner. Any person, firm, corporation or combination, or any other legal entity having legal title to land sought to be the subject of any application or decision of this Development Code.

Painted Highlights. Painted areas on a wall which highlight a building's architecture or structure and do not contain letters, numbers, logos, brand names or trademarks. Painted highlights are architectural features which are reviewed through the Architectural Review process.

Parcel. A unit of land that is created by a partitioning of land, as set forth in ORS 92.010. See, also Lot.

Parking Lot Improvement or Expansion. The alteration of land or expansion of existing off-street parking, including grading, paving or installation of landscaping, on land intended to be regularly used for the temporary storage of motor vehicles. Parking lot improvement does not include resurfacing existing asphalt parking or re-striping of parking lots.

Partition. An act of partitioning land, or an area or tract of land partitioned, as set forth in ORS 92.010.

Partition Land. To divide land into two or three parcels of land within a calendar year, as set forth in ORS 92.010.

Pedestrian. A person afoot or using any of the following: A means of conveyance propelled by human power other than a bicycle; or an electric personal assistive mobility device. Pedestrian includes a person who is operating a self-propelled wheelchair, motorized tricycle, or motorized quadricycle and, by reason of physical disability, is otherwise unable to move about as a pedestrian.

Pedestrian Facilities. On and off-street improvements and facilities that provide a continuous, unobstructed, reasonably direct route between two points that are intended and suitable for pedestrian use. Pedestrian facilities include, but are not limited to, sidewalks, walkways, pedestrian paths, trails, outdoor recreation access routes, and accessways.

Pedestrian Path (Trail). Pedestrian paths (trails) are generally located within the City's designated greenways, but may be located elsewhere to provide access between residential, commercial, public, and semi-public uses. They serve as routes for recreational, commuter and destination-oriented trips.

Person. A natural person, his or her heir, executor, administrator, assign or successor in interest; a firm, partnership, corporation, association or legal entity, it's or their successors or assigns; and any agent, employee or representative of any of the above-mentioned.

Phase. A distinct stage of development having adequate public facilities.

Planning District. Land use regulatory designation under the Tualatin Development Code. The term "Zone" has the same meaning as "Planning District."

Plat. A final subdivision plat, replat or partition plat, as set forth in ORS 92.010.

Partition Plat. A final map and other writing containing all the descriptions, locations, specifications, provisions and information concerning a partition, as set forth in ORS 92.010.

Subdivision Plat. A final map and other writing containing all the descriptions, locations, specifications, dedications, provisions and information concerning a subdivision, as set forth in ORS 92.010.

Porch. A covered entrance to a building.

Portable Collection Facility. A trailer, dropbox or similar portable or semi-portable container or enclosure for the collection and storage of repairable or reusable household goods or materials for the purpose of transfer of said goods and materials elsewhere for further processing. In this context, "materials" is specifically intended to include newspaper, magazines and other printed matter.

Preliminary Approval. After specific elements of a development plan have been submitted to and agreed upon by the City and prior to final approval, the conditional approval and qualified acceptance which is given by the City.

Preliminary Plat. The preliminary drawing or drawings, described in these regulations, indicating the proposed manner or layout of the subdivision or partition.

Primary Public Customer Doorway. One or more principal entryways to a business provided for customer access on a day-to-day basis.

Private Areas. Outdoor areas which are an extension of private interior spaces. Private areas include main entrances to dwelling units and patio areas.

Private Grounds. Includes all real property not contained within public right-of-way.

Private Improvements. See Improvement Types.

Property Line. An imaginary line defining the boundary limits of a tract of land or lot. (Also known as a lot line).

Property Line Adjustment. The relocation of a common property line between two abutting properties, as set forth in ORS 92.010. (Also known as Lot Line Adjustment.)

Public Hearing. An adjudicatory proceeding held by the City Council proceeded by specified public notice at which interested persons, including the applicant, may call witnesses and introduce evidence for the purpose of demonstrating an application complies with applicable development regulations and where the City Council determines whether and under what conditions the application complies or development may occur.

Public Improvement. See Improvement Types.

Public Road. A road under the jurisdiction of a public body.

Public Utility Facility. All on-site and off-site improvements and related accessories to be accepted for ownership, maintenance and operation by a public agency, including, but not limited to, sanitary sewers and pump stations, water lines including related reservoirs, pump stations, pressure reading stations and hydrants, storm drain systems, greenways, bike paths, and streets including, alleys, street lights, street name signs, traffic control systems and devices.

Public Works Construction Code or Public Works Code. The document entitled "Public Works Construction Code" adopted by the Council to provide design, materials and workmanship specifications for public improvements constructed by developers.

Quasi-Judicial. The application of general standards and criteria to a specific set of facts in order to determine the conformance of the facts to the applicable criteria and resulting in a determination that will definitely affect only a small number of identifiable people.

Recreational Vehicle. See Vehicle Types.

Relocation. Relocating a landmark from its existing parcel to another parcel or repositioning a landmark on an existing parcel.

Replat. The act of platting the lots, parcels and easements in a previously recorded subdivision or partition plat to achieve a reconfiguration of the existing subdivision or partition plat or to increase or decrease the number of lots in the subdivision, as set forth in ORS 92.010.

Reserve Strip. A narrow strip of land located between a subdivision or partition and other property at the ends of, or parallel to streets which has not been dedicated to public use, but rather conveyed to the City for purposes of enhancing City control over development of the adjacent property.

Residential Care. Services such as supervision; protection; assistance while bathing, dressing, grooming or eating; management of money; transportation; recreation; and the providing of room and board, as defined in ORS 443.400(4).

Residential Facility. See Group Living Types.

Residential Structure Types and Related (includes, but is not limited to, definitions for Housing Types in Section 39.200 and Group Living in Section 39.210).

Accessory Dwelling Unit (ADU). An interior attached or detached residential structure that is accessory to a single family dwelling. An Accessory Dwelling Unit is not a dwelling unit for density purposes.

Certified or registered family child care home. (see ORS 329A.440). See, Child Care.

Cottage Cluster. A grouping of no fewer than four cottages per acre that includes a common courtyard, subject to the provisions of Chapter 73A.

Duplex. A type of dwelling that contains two dwelling units on one lot in any configuration.

Dwelling Unit. A habitable structure designed for occupancy and only having one cooking facility.

Garden Apartments. A multi-family housing structure characterized by the emphasis of open landscaped areas.

Modular Home. A residential structure consisting of prefabricated components manufactured at a remote location and assembled on-site.

Multi-Family Dwelling. A dwelling unit within a multi-family structure.

Multi-Family Structure. A structure containing five or more dwelling units on one lot. The land underneath the structure is not divided into separate lots. Multi-Family Structure includes, but is not limited to structures commonly called apartments, condominiums, and garden apartments.

Quadplex. Four dwelling units on a lot or parcel in any configuration.

Residential Home. A residential training home or residential treatment home for five or fewer individuals exclusive of staff, as defined in ORS 443.400.

Retirement Housing. Housing occupied by persons who are 55 years of age and older, including couples with one person 55 years of age or older, where a more supportive living environment than typically afforded to residents in conventional apartments or single-family residential housing is provided. Retirement housing includes "congregate care facility" and "retirement housing facility," or combinations thereof as defined by this Code. Retirement housing does not include "nursing facility" as defined below by this code.

Retirement Housing Facility. Retirement housing consisting of dwelling units in a multi-family structure or complex.

Single-Family Dwelling (detached). A detached structure on a lot or parcel that is comprised of a single dwelling unit.

Studio. A unit in a multi-family structure characterized by one combined living, sleeping, and kitchen area, although it may have a separate bathroom containing sanitary facilities.

Townhouse. A dwelling unit constructed in a row of two or more attached units, where each dwelling unit is located on an individual lot or parcel and shares at least one common wall with an adjacent unit.

Triplex. Three dwelling units on a lot or parcel in any configuration.

Residential Trailer. See Manufactured Dwelling Types.

Restrictive Covenant. A legally binding limitation on the manner in which a tract of land or lot can be used, usually a condition placed on the deed.

Retail Commercial Use. See Chapter 39 (Use Categories).

Retirement Housing. See Residential Structure Types.

Retirement Housing Facility. See Residential Structure Types.

Riparian area. The area adjacent to a river, lake, stream, consisting of the area of transition from an aquatic ecosystem to a terrestrial system.

Riparian Corridor. Riparian corridor includes the water areas, fish habitat, adjacent riparian areas, and wetlands within the riparian area boundary.

Roadway. The portion of street right-of-way developed for vehicular traffic.

Setback. The minimum horizontal distance between the public street right-of-way or side and rear property lines to the front, side and rear lines of a building or structure located on a lot.

Shared Roadway. A type of bikeway where bicyclists and motor vehicles share the same roadway.

Sidewalk. A pedestrian walkway with permanent surfacing located in a street right-of-way, generally constructed as part of a street improvement and parallel to the street improvement. A sidewalk is not an accessway.

Sight Distance. The distance along which a person can see approaching objects, such as automobiles or pedestrians at a street intersection or from a driveway along a street.

Single-Family Dwelling. See Residential Structure Types.

Site. For purposes of a decision following the limited land use process, a site refers to the property upon which a development is proposed.

Sketch Map. A plan map provided to the City Manager as part of a development application for purposes of property line adjustment.

Skirting. A covering that totally obscures the undercarriage of a manufactured dwelling, extending from the top of the undercarriage to the ground.

Small Lot Subdivision. A subdivision containing lots smaller than 6,500 square feet and that has been granted conditional use approval.

Stand-Alone Structure. A single purpose building that does not have a mixture of uses within it and therefore has an architectural design appropriate to the use.

Storage Area. The space necessary to store mixed solid waste and source separated recyclables that accumulate between collection days.

Store. The space within a building, other than a basement, included between the surface of any finished floor and the surface of the ceiling immediately above said floor.

Stream. A stream is a channel such as a river or creek that carries flowing surface water, including perennial streams and intermittent streams with defined channels, and excluding manmade irrigation and drainage channels.

Street. A structure within the boundary lines of a public right-of-way which provides for public use of a public roadway for the purpose of vehicular and pedestrian traffic and the placement of utilities, and including the terms "road," "highway," "lane," "place," "avenue," "court," "circle," "alley," or other similar designation.

Street Right-of-Way. Publicly owned land devoted to the primary purpose of street and utility construction.

Street Tree. A tree in a public place, street, special easement, or right-of-way adjoining a street as provided in these regulations.

Stub-out (Stub-street). A portion of a street or cross access drive used as an extension to an abutting property that may be developed in the future resulting in the extension of the stubbed street.

Structural Alteration. Any change to the supporting members of a building or structure, including foundations, bearing walls, partitions, columns, beams, girders, or roof or other supports.

Structure. That which is built or constructed. An edifice or building of any kind, or any piece of work artificially built up or composed of parts joined together in some manner and which requires a location on the ground or which is attached to something having a location on the ground.

Structure Bulk. The mass or size of a structure.

Subdivision. The splitting of a single tract of land into four or more parcels.

Subdivision Improvements. Construction of facilities such as streets, water, sewer, gas and telephone lines and other construction related to drainage, landscaping and beautification.

Subdivision Sign. See Chapter 38 (Signs).

Substantially Complete. A subdivision or partition will be considered substantially complete when, in the opinion of the City Manager, the City will not be adversely impacted by issuance of building permits prior to acceptance of the public improvements by resolution of the Council. Substantially complete includes, but is not limited to a determination that water and sewer lines have been tested and ready to begin service, that as-built drawings of public facilities have been submitted, that the roadway surfaces and drainage facilities will provide year-round access to each lot and that street lights are installed and authorized to be energized.

Tenant. A separate business or business occupant whether as owner, purchaser or lessee. See Business and Business Occupant.

Townhouse. See Residential Structure Types.

Tract. A non-buildable unit of land created in the partitioning or subdivision process.

Traffic Control Device. Any sign, signal or other device constructed by a road authority, as defined by State law, for the purpose of vehicular or pedestrian traffic control.

Trail. The term "Trail" has the same meaning as "Path." See Multi-Use Path and Pedestrian Path.

Transit Stop. A location where regularly scheduled transit service stops (includes but is not limited to bus stop) to load and unload passengers. For purpose of measuring, the transit stop is the location of a sign denoting the transit stop. See also Transit Stop, Major.

Major Transit Stop. Existing and planned light rail stations, commuter rail stations and transit transfer stations, except for temporary facilities; other planned stops designated as major transit stops in TDC Chapter 11 (Figure 11-5); and existing stops which have or are planned for frequently scheduled fixed-route service.

Transit System. The property, equipment and improvements of whatever nature owned, used, constructed, maintained, controlled or operated to provide mass transportation for passengers, or to provide for the movement of people, including park-and-ride stations, transfer stations, parking lots, malls and skyways, as set forth in ORS 267.

Transportation Facility or Improvement. Any physical facility constructed for the movement of people or goods, excluding electricity, sewage and water systems; the operation, maintenance, repair and preservation activities of existing facilities including, but not limited to, road, bicycle, pedestrian and rail facilities; the installation of improvements including, but not limited to, culverts, fencing, guardrails, landscaping, lighting, medians and pathways within the existing right-of-way; emergency measures necessary for the safety and protection of people and property; acquisition of right-of-way for public roads, highways and other transportation improvements designated in the Transportation System Plan TDC Chapter 11; and construction of a street or road as part of an approved subdivision, land partition, architectural review or other land use decision consistent with the TDC.

Tree. A living, standing, woody plant having a trunk eight inches or more in diameter, widest cross section, at a point four feet above mean ground level.

Tree Removal. To remove or cut down a tree, or to damage a tree so as to cause the tree to die. Damage which constitutes removal includes, but is not limited to, topping or removing a significant portion of the tree crown; application or injection of a substance toxic to the tree; damage inflicted upon the root system by root cutting, grading, paving, or storing materials or equipment in the tree's root zone; disrupting bark functions by stripping bark or girdling tree trunks or limbs with rope or wire.

Triplex. See Residential Structure Types.

Tualatin Development Code (TDC). The TDC, as amended, as of the date of submittal of a development application.

Urban Renewal Area. A portion of the central area of the City legally designated by the City Council as appropriate for urban renewal.

Use. The purpose for which land or a structure is designed, arranged, or intended, or for which it is occupied or maintained.

Utility Facility or Utility Facilities. The portion of a new structure or major remodeling activity which is regulated or controlled by applicable portions of the City's Structural Specialty and Fire and Life Safety Code, the City's Public Works Construction Code, the City's Plumbing Code, the City's Mechanical Code, and those portions of the Tualatin Development Code which regulate site access, street, sanitary and storm sewer and water improvements, onsite vehicle circulation, and the location of power, gas, telephone, cable television, and other similar activities. "Facilities" includes Public Utility Facilities, but does not include architectural features.

Vegetated Corridor. A corridor adjacent to a water quality Sensitive Area that is preserved and maintained to protect the water quality functions of the water quality sensitive area.

Vehicle Types.

Light Truck. Two axle motor vehicles including trucks, cargo vans, school buses and motor homes with a Gross Vehicle Weight (GVW) of 28,000 lbs. or less.

Recreational Vehicle. A vehicle with or without motive power, which is designed for human occupancy and to be used temporarily for recreational, seasonal or emergency purposes, and has a gross floor area not exceeding 400 square feet in the set-up mode and as further defined, by rule, by the Oregon Department of Consumer and Business Services Director [ORS 446.003(12)).

Recreational Water, Snow and Land Vehicles. Motorized vehicles for recreational purposes that do not meet the Oregon Motor Vehicle Code requirements for legal operation on public streets and roads, including, but not limited to, personal watercraft, snowmobiles go-carts and swamp or dune buggies.

Vision Clearance Area. A triangular shaped area established at the intersection of any combination of rights-of-way, private roads, alleys and driveways. The sides of the triangle shall extend an equal and specified distance from the intersection of the property lines, or from the property lines extended along the right-of-way away from the intersection.

Walkway. A pedestrian facility which provides a paved surface for pedestrian circulation within a development. A walkway may be shared with bicycles and may cross vehicle areas.

Wall Plane. A wall plane means all vertical surfaces on one side of a structure from the base of the main floor level up, including walls, garage doors, entries, gable ends, dormers, and other architectural features, but excluding any roof areas.

Wetlands. Land areas determined by the Oregon Division of State Lands to be wetlands.

Wetlands Conservation Lot. A parcel consisting principally of wetlands and therefore unsuitable for development, created to preserve and protect wetlands.

Wireless Communication, Co-Location. The placement of two or more antenna systems or platforms by separate FCC license holders on a structure, such as a support structure, building, water tank, or utility pole.

Wireless Communication Facility. An unstaffed facility for the transmission or reception of radio frequency (RF) signals, usually consisting of an equipment shelter, cabinet or other enclosed structure containing electronic equipment, a support structure, antennas or other transmission and reception devices.

Wireless Communication Facility Attached. A wireless communication facility that is affixed to an existing structure, e.g., an existing building wall or roof, mechanical equipment, tower or pole, water tank, utility pole, or light pole, that does not include an additional wireless communication support structure.

Wireless Communication Support Structure. A new structure, tower, pole or mast erected to support wireless communication antennas and connecting appurtenances. Support structure types include, but are not limited to, monopoles, lattice towers, wood poles and guyed towers.

Yard. An open space on a lot which is unobstructed by buildings or structures from the ground upward.

Yard Setback. An open space on a lot which is unobstructed by buildings or structures from the ground upward and is the minimum horizontal distance between the public street right-of-way or side and rear property lines to the front, side and rear lines of a building or structure located on a lot.

Front Yard Setback. An open space between side lot lines, and measured horizontally from the front lot line at right angles to the front lot line to the nearest point of the building.

Rear Yard Setback. An open space extending between side lot lines, and measured horizontally at right angles from the rear lot line of the nearest point of a building.

Side Yard Setback. A yard between a building and the side lot line, measured horizontally at right angles to the side lot line from the side lot line to the nearest point of the building.

Zone. Land use regulatory designation under the Tualatin Development Code. The term "Planning District" has the same meaning as "Zone."

(Ord. 590-83 §1, 04-11-83; Ord. 585-82, 12-13-82; Ord. 635-84 §8, 06-11-84; Ord. 647-85 §1, 02-11-85; Ord. 661-85 §1, 06-10-85; Ord. 705-86 §§1 and 2, 09-8-86; Ord. 725-87 §1, 06-22-87; Ord. 743-88 §§1, 2, 3, 4, 5, 6 and 7, 03-28-88; Ord. 769-89 §2, 02-27-89; Ord. 812-90 §1, 09-24-90; Ord. 818-91 §8, 9 and 10, 01-14-91; Ord. 822-92 §4, 12-14-92; Ord. 827-91 §5, 03-25-91; Ord. 828-91 §2, 03-25-91; Ord. 844-91 §4, 10-14-91; Ord. 849-91 §§2, 8 and 9, 11-25-91; Ord. 862-92 §1, 03-23-92; Ord. 868-92 §3, 05-11-92; Ord. 882-92 §4, 12-14-92; Ord. 884-93 §1, 02-8-93; Ord. 890-93 §2, 04-12-93, Ord. 894-93 §§3 and 4, 05-24-93; Ord. 895-93 §2, 05-24-93; Ord. 898-93 §1, 06-14-93; Ord. 902-93 §2, 06-28-93; Ord. 904-93 §1, 09-13-93; Ord. 911-94 §4, 02-14-94; Ord. 920-94 §1, 04-11-94; Ord. 921-94 §2, 04-25-94; Ord. 930-94 §1, 08-8-94; Ord. 937-95 §3, 01-9-95; Ord. 942-95 §2, 03-27-95; Ord. 947-95 §§3 and 4, 07-24-95; Ord. 956-96 §§4, 5 and 6, 01-8-96; Ord. 963-96 §§2 and 8, 06-24-96; Ord. 960-96 §6, 05-28-96; Ord. 965-96 §4, 12-9-96; Ord. 979-97 §8, 07-14-97; Ord. 1007-98 §1, 07-13-98; Ord. 1013-99 §5, 01-11-99; Ord. 1025-99 §1, 07-26-99; Ord. 1026-99 §14, 08-9-99; Ord. 1046-00 §2, 02-14-00; Ord. 1063-01 §1, 02-12-01; Ord. 1088-01 §1, 08-27-01; Ord. 1096-02, 01-28-02; Ord. 1097-02, 02-11-02; Ord. 1103-02, 03-25-02; Ord. 1120-02, 11-15-02; Ord. 1129-03, 02-24-03; Ord. 1133-03, 03-24-03; Ord. 1136-03, 04-28-03; Ord. 1145-03, 07-28-03; Ord. 1157-04, 03-8-04; Ord. 1160-04, 05-24-04; Ord. 1164-04, 06-28-04; Ord. 1212-06, 06-26-06; Ord. 1214-06, 07-10-06; Ord. 1216-06, 07-24-06; Ord. 1224-06, §3, 11-13-06; Ord. 1227-07 §3, 02-12-07; Ord. 1261-08 §2, 06-9-08, Ord. 1277-09, 3-9-09; Ord. 1305-10 §1, 05-14-10; Ord. 1317-10 §1, 12-13-10; Ord. 1322-11 §1, 05-9-11; Ord. 1335-11 §1, 11-14-11; Ord. 1338-12 §3, 01-23-12; Ord. 1351-12 §2, 1; 0-22-12; Ord. 1354-13 §4, 02-25-13; Ord. 1379-15 § 1, 03-23-15; Ord. 1411-18, 7-23-18; Ord 1414-18, 12-10-18; Ord. 1427-19, § 15, 11-25-19; Ord. No. 1438-20, § 5, 6-22-20; Ord. No. 1463-21 meeting, § 1, 12-13-21; Ord. No. 1480-23 meeting, § 5, 8-28-23; Ord. No. 1486-24, § 2, 6-10-24; Ord. No. 1451-25 meeting, § 4, 8-11-25)

(1)

The City Manager has the initial authority and responsibility to interpret all terms, provisions and requirements of the Tualatin Development Code.

(2)

Unless accompanied by an application, submitted under some other Development Code or Ordinance provision, a party wishing an interpretation must submit a written application to the City Manager. The application must be accompanied by a detailed description of factors related to the issue for interpretation, including, but not limited to:

(a)

The amount and type of traffic generated;

(b)

The type of manufacturing or commercial process;

(c)

The nature of any machinery used;

(d)

Noise and odor characteristics, associated with the use or activity;

(e)

Outside storage of materials or products;

(f)

Type of structures required;

(g)

Character of activity to be conducted on the site;

(h)

Determination of the maximum vehicle parking and/or minimum bicycle parking required;

(i)

Number of persons who would occupy the premises at any one time; and

(j)

Any other information which the City Manager or designee determines to be relevant to a determination of the issue.

(3)

Within 30 days of the submission of all required information, the City Manager must cause a final decision to be made on the issue. The decision must include findings of fact and conclusions for the particular aspects of the decision, based upon applicable criteria. Notice of the decision must be provided to the City Council. The City Manager must maintain a collection of such decisions.

(4)

The final decision on a Code interpretation under this section may be appealed to the City Council pursuant to the provisions of TDC 31.076 and 31.077.

(Ord. 590-83 §1, 04-11-83; Ord. 743-88 §8, 03-28-88; Ord. 1414-18, 12-10-18; Ord. No. 1486-24, § 2, 6-10-24)

All applications for a land use action must be accompanied by the appropriate fee, as set by resolution of the City Council. The City will not process any land use action until the appropriate fee is paid. Land use actions initiated by the City do not require a fee.

(Ord. 1414-18, 12-10-18)

The City Council may reduce or waive fees upon showing of just cause to do so by the applicant.

(Ord. 1414-18, 12-10-18)

(1)

The provisions of this Chapter are minimum requirements.

(2)

Unless a particular provision of the Tualatin Development Code provides otherwise, where two or more provisions of the Tualatin Development Code conflict, the provisions must be read in conjunction to give both meaning, unless only one can be given meaning in which case the provision imposing the more restrictive or higher standard applies.

(3)

Unless a particular provision of the Tualatin Development Code provides otherwise, the rules of statutory construction under ORS Chapter 174, as interpreted by Oregon courts, apply to the Tualatin Development Code.

(Ord. 1414-18, 12-10-18)

(1)

No building, structure, or land will hereafter be used, possessed or occupied, and no building, structure, or any part thereof will hereafter be erected, constructed, reconstructed, moved, or structurally altered contrary to the provisions of Chapters 31—80 of the City of Tualatin Development Code.

(2)

Real property may be occupied or developed and a structure may be occupied or developed only as this Code and applicable City regulations permit. The requirements of this Code and applicable City regulations apply to the person undertaking the development or the user of a development and to any successor in interest.

(3)

Any use of land or existing structures which is not in conformity with the provisions of the applicable standards at the time of the adoption of the City of Tualatin Community Development Code is nonconforming and subject to the provisions herein described by TDC Chapter 35.

(4)

A building permit must not be issued by the Building Official for the City of Tualatin for the erection, construction, conversion or alteration of any building or structure or use of land unless the City Manager has first determined that such land use, building or structure, as proposed, would comply with the Tualatin Comprehensive Plan and Development Code.

(a)

All applications for building permits must be accompanied by plans and specifications, drawn to scale, showing the exact sizes and locations on the lot of the building and other structures existing and proposed; the existing and intended use of each building, structure, structures, or part thereof; and such other information as is needed to determine conformance with the Tualatin Comprehensive Plan and Development Code.

(b)

If, during the course of constructing any building or structure, the City Manager or Building Official determines that such construction activity is in violation of any provision of the Tualatin Comprehensive Plan or Development Code, the City Manager or Building Official is hereby authorized to issue a stop-work order. This remedy is in addition to and not in lieu of any other right or remedy available to the City to enforce the provisions of this ordinance.

(5)

The City Council may, after conducting a hearing pursuant to TDC 32.140 (Type IV-A), revoke any permit approval previously given and may revoke any Certificate of Occupancy for any of the following reasons:

(a)

Material misrepresentation or omission of fact in the application or in testimony or evidence submitted; whether such misrepresentation be intentional or unintentional; or

(b)

Failure to complete the work within the time and in the manner approved without obtaining an extension of time or modification of plans from the granting authority; or

(c)

Failure to maintain and use the property in accordance with the approved plans and conditions.

(d)

A representation, misrepresentation or omission is material if it bears directly upon some relevant standard, if it could affect the outcome of the hearing, or if it could affect a condition on which approval is given.

(6)

The rights and remedies provided by this section are in addition to right, remedy, or penalty available to the City under any other provision of law.

(Ord. 1414-18, 12-10-18; Ord. No. 1450-20 meeting, § 3, 12-14-20)

(1)

Any person who violates any provision of the Tualatin Development Code commits a civil infraction and is subject to a fine of up to $1,000.00 for each violation. Each violation, and each day that a violation continues, is a separate civil infraction.

(2)

Where a specific violation of the Tualatin Development Code specifies a different fine, the fine specific to that violation controls.

(3)

The civil infraction procedures in Tualatin Municipal Code Chapter 7-01 apply to the prosecution of any violation of the Tualatin Development Code.

(4)

The remedies for civil infraction are not exclusive and are in addition to any other remedies provided by law or in equity.

(Ord. 1414-18, 12-10-18)

The City of Tualatin Municipal Court and Circuit Courts of the State of Oregon for Washington County and Clackamas County have concurrent jurisdiction over prosecutions of violations of the Tualatin Development Code.

(Ord. 1414-18, 12-10-18)

In the event of a violation of this Code, City, or any person, firm or corporation whose interest in real property in the City is or may be affected by the violation may, in addition to other remedies provided by law, institute injunction, mandamus, abatement, or any other appropriate proceeding to prevent, temporarily or permanently enjoin, abate, or remove the violation.

(Ord. 1414-18, 12-10-18)