(1)

Purpose. The purpose of this Section is to establish the application requirements for annexing territory to the City Limits, consistent with Metro Code 3.09 and Oregon law.

(2)

Applicability. The requirements of this section apply to all applications for annexation to the City of Tualatin.

(3)

Procedure Type. Annexations are processed in accordance with the annexation procedure in TDC Chapter 32.260.

(4)

Specific Submittal Requirements. In addition to the general application submittal requirements in TDC 32.140 (Application Submittal), an applicant(s) for a quasi-judicial annexation must submit the following:

(a)

The Application for Annexation form;

(b)

The Petition to Annex to the City of Tualatin form;

(c)

A legal description of the subject territory including any abutting public street right-of-way that is not yet in the City Limits;

(d)

The Certification of Legal Description and Map form;

(e)

The Certification of Property Ownership form;

(f)

The Certification of Registered Voters form;

(g)

The Property Owner Information Sheet form;

(h)

The City application fee, and the Metro application fee in a separate check made payable to Metro;

(i)

The three column by ten row matrix sheet listing the Assessors Map Number and Tax Lot Number, name and mailing address for:

(i)

The owner (fee title) of the subject territory, and

(ii)

Recipients pursuant to TDC 32.240 (3) and the governing jurisdiction of any public street right-of-way to be annexed;

(j)

The Annexation Property Information Sheet form;

(k)

A copy of the County Assessors Maps showing the subject territory, any public street right-of-way to be annexed and the lots within 1,000 feet of the subject territory including any public street right-of-way. The subject territory and right-of-way to be annexed must be outlined with a wide, light colored ink marker;

(l)

If necessary, a letter from the County or State Road Authority stating its consent to annex the right-of-way described in the legal description; and

(m)

Any information required by the City Manager in addition to the above.

(5)

Approval Criteria. To grant an annexation application, the Council must find:

(a)

The territory to be annexed is within the Metro Urban Growth Boundary;

(b)

The owners of the territory to be annexed have petitioned to be annexed;

(c)

The application conforms to the applicable criteria in Metro Code 3.09; and

(d)

The application is consistent with applicable provisions of ORS Chapter 222.

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

(1)

Purpose. The City Council finds that excessive uniformity, dissimilarity, inappropriateness, or poor quality of design in the exterior appearance of structures and the lack of proper attention to site development and landscaping, in the business, commercial, industrial, and certain residential areas of the City hinders the harmonious development of the City; impairs the desirability of residence, investment or occupation in the City; limits the opportunity to attain the optimum use and value of land and improvements; adversely affects the stability and value of property; produces degeneration of property in such areas with attendant deterioration of conditions affecting the peace, health and welfare of the City; and destroys a proper relationship between the taxable value of property and the cost of municipal services therefore. The purposes and objectives of community design standards are to:

(a)

Encourage originality, flexibility and innovation in site planning and development, including the architecture, landscaping and graphic design of development.

(b)

Discourage monotonous, drab, unsightly, dreary and inharmonious development.

(c)

Promote the City's natural beauty and visual character and charm by ensuring that structures and other improvements are properly related to their sites, and to surrounding sites and structures, with due regard to the aesthetic qualities of the natural terrain, natural environment, and landscaping. Exterior appearances of structures and other improvements should enhance these qualities.

(d)

Encourage site planning and development to incorporate bikeways, pedestrian facilities, greenways, wetlands, and other natural features of the environment and provide incentives for dedication of access easements and property to the public through shift of residential density, system development charge credits, landscaping credits and setback allowances.

(e)

Protect and enhance the City's appeal to tourists and visitors and thus support and stimulate business and industry and promote the desirability of investment and occupancy in business, commercial and industrial properties.

(f)

Stabilize and improve property values and prevent blighted areas and thus increase tax revenues.

(g)

Achieve the beneficial influence of pleasant environments for living and working on behavioral patterns and thus decrease the cost of governmental services.

(h)

Foster civic pride and community spirit so as to improve the quality and quantity of citizen participation in local government and in community growth, change and improvement.

(i)

Sustain the comfort, health, safety, tranquility and contentment of residents and attract new residents by reason of the City's favorable environment and thus promote and protect the peace, health and welfare of the City.

(j)

Determine the appropriate yard setbacks, building heights, minimum lot sizes when authorized to do so by City ordinance.

(k)

Ensure all public facilities including right-of-way, water, sewer, and storm systems are adequate to serve the development.

(2)

Applicability.

(a)

The following types of development are subject to Architectural Review:

(i)

Any exterior modifications to improved or unimproved real property;

(ii)

Any remodeling that changes the exterior appearance of a building;

(iii)

Any site alteration which alters the topography, appearance or function of the site; and

(iv)

Any change in occupancy from single family use to commercial or industrial use.

(b)

Examples of development subject to Architectural Review, include but are not limited to the following:

(i)

New buildings, condominiums, townhouse, single family dwellings, or manufactured dwelling park;

(ii)

Construction, installation, or alteration of a building or other structure;

(iii)

Landscape improvements;

(iv)

New parking lots or the addition of new impervious surface to an existing parking lot;

(v)

New, or alterations to, above ground public utility facilities, pump stations, pressure reading stations, water reservoirs, electrical substations, and natural gas pumping stations;

(vi)

New wireless communication facilities, and new attached wireless communication;

(vii)

Installation of decorative lighting; and

(viii)

Exterior painting, awnings, or murals.

(c)

Exceptions to Architectural Review. The following applications for development do not require Architectural Review:

(i)

The addition or alteration of an existing single-family dwelling, duplex, townhouse, triplex, quadplex, or cottage cluster if it involves:

(A)

Less than 35 percent of the structure's existing footprint;

(B)

An increase in building height of less than 35 percent;

(C)

Less than 35 percent of an existing front or rear wall plane; or

(D)

A side wall plane that abuts the side yard of an adjacent dwelling.

(ii)

The modification by the City of greenways, parks, other Parks and Recreation Department improvements, and right-of-way landscaping improvements.

(3)

Types of Architectural Review Applications—Procedure Type.

(a)

Single Family Dwelling and Duplex, Clear and Objective. Development applications submitted for a single family dwelling or duplex in compliance with the Clear and Objective Standards in TDC 73A.110 through 73A.130 are subject to Type I review.

(b)

Townhouse, Clear and Objective. Development applications submitted for a townhouse in compliance with the Clear and Objective Standards in TDC 73A.110 through 73A.130 are subject to Type I review.

(c)

Triplex and Quadplex, Clear and Objective. Development applications submitted for a triplex or quadplex in compliance with the Clear and Objective Standards in TDC 73A.110 through 73A.130 are subject to Type I review.

(d)

Cottage Cluster, Clear and Objective. Development applications submitted for a cottage cluster in compliance with the Clear and Objective Standards in TDC 73A.150 are subject to Type I review.

(e)

Accessory Dwelling Unit. Development applications submitted for an accessory dwelling unit incompliance with the Clear and Objective Standards in TDC 73A.170 (Accessory Dwelling Units Standards) are subject to Type I review.

(f)

General Development. All development applications, (except Single Family Dwelling, duplex, townhouse, triplex, quadplex, or cottage cluster, Clear and Objective and Large Commercial, Industrial, and Multifamily Development) are subject to Type II Review.

(g)

Large Commercial, Industrial, and Multifamily Development. Development applications that propose any of the following are subject to Type III Review by the Architectural Review Board as the hearing body:

(i)

New Commercial Buildings 50,000 square feet and larger;

(ii)

New Industrial Buildings 150,000 square feet and larger; and

(iii)

New Multifamily Housing Projects with 100 units or more units (or any number of units abutting a single family district).

(h)

Minor Architectural Review. An application for a Minor Architectural Review must be approved, approved with conditions, or denied following review based on finding that:

(i)

The proposed development is in compliance with all applicable standards and objectives in TDC Chapter 73A through 73G;

(ii)

The proposed development is in compliance with all conditions of approval on the original decision; and

(iii)

The modification is listed in 33.020(7)(a).

(4)

Application Materials. The application must be on forms provided by the City. In addition to the application materials required by TDC 32.140 (Application Submittal), the following application materials are also required:

(a)

The project name and the names, addresses, and telephone numbers of the architect, landscape architect, and engineer on the project;

(b)

Existing conditions plan, site plan, grading plan, utility plan, landscape plan, and lighting plan all drawn to scale;

(c)

A street plan showing all existing streets, proposed streets (public and private), and accessways on the subject property and extending 1,000 feet in all directions from the site, including location, centerline, right-of-way and pavement width, approximate radius of curves and approximate grades of proposed streets;

(d)

A building materials plan that includes a written description and image representation of facade, windows, trim, and roofing materials, colors, and textures;

(e)

Title report; and

(f)

A Service Provider Letter from Clean Water Services.

(5)

Approval Criteria.

(a)

Clear and Objective approval Criteria.

(i)

Single Family Dwelling or Duplex. Applications for Single Family Dwelling or Duplex, Clear and Objective, must comply with the standards in TDC 73A.110 through 73A.130.

(ii)

Townhouse. Applications for a Townhouse, Clear and Objective, must comply with the standards in TDC 73A.110 through 73A.130.

(iii)

Triplex and Quadplex. Applications for a Triplex or Quadplex, Clear and Objective, must comply with the standards in TDC 73A.110 through 73A.130.

(iv)

Cottage Cluster. Applications for a Cottage Cluster, Clear and Objective, must comply with the standards in TDC 73A.150.

(b)

Discretionary approval criteria:

(i)

Applications for Single Family Dwellings or Duplexes (not clear and objective), must comply with TDC 73A.140.

(ii)

Applications for Townhouses (not clear and objective), must comply with TDC 73A.140.

(iii)

Applications for Triplexes or Quadplexes (not clear and objective), must comply with TDC 73A.140.

(iv)

Applications for Cottage Clusters (not clear and objective) must comply with TDC 73A.160.

(c)

General Development. Applications for General Development must comply with the applicable standards and objectives in TDC Chapter 73A through 73G.

(d)

Large Commercial, Industrial, and Multifamily Development. Applications for Large Commercial, Industrial, and Multifamily Development must comply with the applicable standards and objectives in TDC Chapter 73A through 73G.

(6)

Conditions of Approval.

(a)

Architectural Review decisions may include conditions of approval that apply restrictions and conditions that:

(i)

Implement identified public facilities and services needed to serve the proposed development;

(ii)

Implement identified public facilities and services needed to be altered or increased attributable to the impacts of the proposed development; and

(iii)

Implement the requirements of the Tualatin Development Code.

(b)

Types of conditions of approval that may be imposed include, but are not limited to:

(i)

Development Schedule. A reasonable time schedule placed on construction activities associated with the proposed development, or portion of the development.

(ii)

Dedications, Reservation. Dedication or reservation of land, or the granting of an easement for park, open space, rights-of-way, bicycle or pedestrian paths, Greenway, Natural Area, Other Natural Area, riverbank, the conveyance of title or easements to the City or a non-profit conservation organization, or a homeowners' association.

(iii)

Construction and Maintenance Guarantees. Security from the property owners in such an amount that will assure compliance with approval granted.

(iv)

Plan Modifications. Changes in the design or intensity of the proposed development, or in proposed construction methods or practices, necessary to assure compliance with this chapter.

(v)

Other Approvals. Evaluation, inspections or approval by other agencies, jurisdictions, public utilities, or consultants, may be required for all or any part of the proposed development.

(vi)

Access Limitation. The number, location and design of street accesses to a proposed development may be limited or specified where necessary to maintain the capacity of streets to carry traffic safely, provided that sufficient access to the development is maintained.

(7)

Modifications to Previously Approved Final Architectural Review Decisions. An applicant who wishes to modify a previously approved final Architectural Review decision may utilize one of the following procedures:

(a)

Minor Architectural Review (MAR). Minor Architectural Review is a Type I process. Minor Architectural Review is used to process a proposal for one of the following:

(i)

Adding awnings, modifying previously approved exterior paint colors, or murals;

(ii)

Relocating windows or doors;

(iii)

Changing exterior material;

(iv)

Expanding the gross floor area of a development, including primary and accessory buildings, may be expanded by no more than 200 square feet maximum.

(v)

Adding or replacing new antennas on an existing Wireless Facility or Attached Wireless Facility or adding equipment within the existing equipment footprint of an existing Wireless Facility equipment space, so long as the modification does not constitute a substantial change. For the purpose of this subsection, "substantial change" means the following:

(A)

The mounting of the proposed antenna on the tower would increase the existing height of the tower by more than ten percent, or by the height of one additional antenna array with separation from the nearest existing antenna not to exceed 20 feet, whichever is greater, except that the mounting of the proposed antenna may exceed the size limits set forth in this subsection by up to an additional five percent if necessary to avoid interference with existing antennas; or

(B)

The mounting of the proposed antenna would involve the installation of more than the standard number of new equipment cabinets for the technology involved (not to exceed four) or more than one new equipment shelter; or

(C)

The mounting of the proposed antenna would involve adding an appurtenance to the body of the tower that would protrude from the edge of the tower more than 20 feet, or more than the width of the tower structure at the level of the appurtenance, whichever is greater, except that the mounting of the proposed antenna may exceed the size limits set forth in this subsection to the extent necessary to shelter the antenna from inclement weather or to connect the antenna to the tower via cable; or

(D)

The mounting of the proposed antenna would involve excavation outside the current tower site, defined as the current boundaries of the leased or owned property surrounding the tower and any access or utility easements currently related to the site.

Increases to height allowed by this subsection above the existing tower is based on the existing height of the tower, excluding any tower lighting required in the original land use approval or in the proposed modification request.

To the extent feasible, additional equipment must maintain the appearance intended by the original facility, including, but not limited to, color, screening, landscaping, mounting configuration, or architectural treatment.

(vi)

Replacing an existing Wireless Facility tower, provided the replacement tower must not exceed the height of the original tower by more than ten percent, or the diameter of the original tower by more than 25 percent at any given point.

(vii)

Changing structure setback or lot coverage by less than ten percent from the most recently approved Architectural Review approved through a Type II or Type III process;

(viii)

Changing access location or parking lots that does not result in an increase of Average Daily trips by more than 100 trips from the Average Daily Trips in an Architectural Review most recently approved through a Type II or Type III process; or

(ix)

Removing trees originally required to be retained or planted by a previously approved Architectural Review proposal.

(b)

Full Architectural Review. Modifications to a previously approved final Architectural Review decision that does not qualify as a Minor Architectural Review (MAR) may only be modified by proceeding through the regular Architectural Review process.

(8)

Effective Date. The effective date of an Architectural Review decision or Minor Architectural Review decision is the date the notice of decision is mailed.

(9)

Permit Expiration. Architectural Review decisions (including Minor Architectural Review decisions) expire two years from the effective date unless the applicant has received a building, or grading permit submitted in conjunction with a building permit application, substantial construction has occurred pursuant to the building permit, and an inspection has been performed by a member of the Building Division.

(10)

Extension of Permit Expiration.

(a)

An Architectural Review approval may be extended if the applicant, or successor interest, submits a written request for an extension of time within two years of the effective date.

(b)

A Minor Architectural Review approval may not be extended. A new application is required if the permit expires.

(c)

Upon receipt of a request for an extension of time, the City will process the extension request as follows:

(i)

If the City Manager approved the Architectural Review, then the City Manager will decide the extension request under the Type II procedures in TDC 32.220.

(ii)

If the Architectural Review Board (ARB) approved the Architectural Review, then the ARB will decide the extension request under the Type III quasi-judicial procedures in TDC 32.230.

(d)

The City must provide notice of the extension request to past recipients of the Architectural Review notice of decision and the applicant must post a sign pursuant to TDC 32.150.

(e)

The City Manager or Architectural Review Board, as applicable, may grant the extension of time upon finding the following:

(i)

The applicant submitted a written extension request prior to the expiration date;

(ii)

There have been no significant changes in any conditions, ordinances, regulations or standards of the City or applicable agencies that affect the previously approved project so as to warrant its resubmittal for Architectural Review;

(iii)

If the previously approved application included a special study, the applicant provided a status report includes a letter from a recognized professional that states that conditions have not changed after the original approval and that no new study is warranted; and

(iv)

If the site has been neglected so as to allow the site to become blighted, the deciding party must factor this into its decision.

(f)

The City Manager or Architectural Review Board, as applicable, may grant or deny the extension request. The decision must be in writing and must be made within 60 days of receipt of the request for extension. If the decision is to grant the extension, the extension can be no more than a single one-year extension.

(g)

Upon making the decision, the City must provide notice of the extension decision as provided in TDC 32.220 for Type II decisions made by the City Manager and TDC 32.230 for Type III decisions made by the Architectural Review Board.

(Ord. 1414-18, 12-10-18; Ord. No. 1463-21 meeting, § 3, 12-13-21; Ord. No. 1451-25 meeting, § 6, 8-11-25)

(1)

Applicability. A driveway approach permit must be obtained prior to constructing, relocating, reconstructing, enlarging, or altering any driveway approach.

(a)

Exceptions. The following do not require a driveway approach permit:

(i)

The construction, relocation, reconstruction, enlargement, or alteration of any driveway approach that requires a state highway access permit; or

(ii)

The construction, relocation, reconstruction, enlargement or alteration of any driveway approach that is part of the construction of a publicly or privately engineered public improvement project for which the developer has obtained a Public Works Permit.

(2)

Procedure Type. A Driveway Approach Permit is processed as a Type II procedure under TDC 32.220 (Type II).

(3)

Specific Submittal Requirements. In addition to the application materials required by TDC 32.140 (Application Submittal), the following application materials are also required:

(a)

A site plan, of a size, and form meeting the standards established by the City Manager and containing the following information:

(i)

The location and dimensions of the proposed driveway approach;

(ii)

The relationship to nearest street intersection and adjacent driveway approaches;

(iii)

Topographic conditions;

(iv)

The location of all utilities;

(v)

The location of any existing or proposed buildings, structures, or vehicular use areas;

(vi)

The location of any trees and vegetation adjacent to the location of the proposed driveway approach that are required to be protected pursuant to TDC Chapter 73B or 73C; and

(vii)

The location of any street trees adjacent to the location of the proposed driveway approach.

(b)

Identification of the uses or activities served, or proposed to be served, by the driveway approach; and

(c)

Any other information, as determined by the City Manager, which may be required to adequately review and analyze the proposed driveway approach for conformance with the applicable criteria.

(4)

Approval Criteria. A Driveway Approach Permit must be granted if:

(a)

The proposed driveway approach meets the standards of Chapter 75 and the Public Works Construction Code;

(b)

No site conditions prevent placing the driveway approach in the required location;

(c)

The number of driveway approaches onto an arterial are minimized;

(d)

The proposed driveway approach, where possible:

(i)

Takes access from the lowest classification of street abutting the property; or

(ii)

Is shared with an adjacent property.

(e)

The proposed driveway approach meets vision clearance standards and sight distance standards;

(f)

The proposed driveway approach does not create traffic hazards and provides for safe turning movements and access;

(g)

The proposed driveway approach does not result in significant adverse impacts to the vicinity;

(h)

The proposed driveway approach minimizes impact to the functionality of adjacent streets and intersections; and

(i)

The proposed driveway approach balances the adverse impacts to residentially zoned property and the functionality of adjacent streets.

(5)

Effective Date. The effective date of a Driveway Approach Permit approval is the date the notice of decision is mailed.

(6)

Permit Expiration. A Driveway Approach Permit approval expires one year from the effective date, unless the driveway approach is constructed within the one-year period in accordance with the approval decision and City standards.

(7)

Driveway Approach Closure. The City Manager may require the closure of a driveway approach where:

(a)

The driveway approach is not constructed in conformance with the Tualatin Development Code and the Public Works Construction Code;

(b)

The driveway approach is not maintained in a safe manner;

(c)

A public street improvement project is being constructed, and closure of the driveway approach will more closely conform to the current driveway approach standards;

(d)

The driveway approach has been abandoned; or

(e)

There is a demonstrated safety issue.

(i)

Notice. Notice of the driveway approach closure must be given in writing to the property owner and any affected tenants stating the grounds for closure, the date upon which the closure becomes effective, and the right to appeal.

(ii)

Appeals. Any person entitled to notice under subsection (i) of this section may appeal the decision to the City Council.

(iii)

Effect. Closure is effective immediately upon the mailing of notice of the decision. Unless otherwise provided in the notice, closure terminates all rights to continue the use of the driveway approach for which the notice of closure has been issued.

(iv)

Failure to Close Driveway. If the owner fails to close the driveway approach to conform to the notice within 90 days, the City Manager may cause the closure to be completed, and all expenses assessed against the property owner.

(Ord. 1414-18, 12-10-18; Ord. No. 1463-21 meeting, § 4, 12-13-21; Ord. No. 1451-25 meeting, § 6, 8-11-25)

(1)

Purpose. It is the intent of this chapter to provide a set of procedures and standards for conditional uses of land or structures which, because of their unique characteristics relative to locational features, design, size, operation, circulation and public interest or service, require special consideration in relation to the welfare of adjacent properties and the community as a whole. It is the purpose of the regulations and standards set forth below to:

(a)

Allow practical latitude for utilization of land and structures, while maintaining adequate provision for the protection of the health, safety, convenience and general welfare of the community and adjacent properties; and

(b)

Provide machinery for periodic review of conditional use permits to provide for further conditions to more adequately assure conformity of such uses to the public welfare.

(c)

Provide siting criteria for the conditional uses specified herein and guidelines for the imposition of conditions to the end that such uses will:

(i)

Be consistent with the intent and purpose of the zone in which it is proposed to locate such use, meet the requirements of the Tualatin Comprehensive Plan with regard to providing benefit to the general welfare of the public, and fill a probable need of the public which can best be met by a conditional use at this time and in this place; and

(ii)

Comply with the requirements of the zone within which the conditional use is proposed and in accordance with conditions attached to such use under the authority of this chapter.

(2)

Applicability. A request for a conditional use, modification of an existing conditional use permit, or a review of an existing conditional use permit may be initiated by a property owner or the owner's authorized agent.

(3)

Procedure Type. Conditional use permits are processed in accordance with the Type III review procedures in Chapter 32.

(4)

Specific Submittal Requirements. In addition to the general submittal requirements in TDC 32.140 (Application Submittal), the applicant must submit the following additional information and materials:

(a)

Project title;

(b)

The architect, landscape architect and engineer;

(c)

A site plan, drawn to scale, showing the dimensions and arrangement of the proposed development;

(d)

A Service Provider Letter from Clean Water Services (CWS) indicating that a "Stormwater Connection Permit Authorization Letter" will likely be issued; and

(e)

If a railroad-highway grade crossing provides or will provide the only access to the subject property, the applicant must indicate that fact in the application and the City must notify the ODOT Rail Division and the railroad company that the application has been received.

(5)

Approval Criteria. The applicant must provide evidence substantiating that all the requirements of this Code relative to the proposed use are satisfied and demonstrate that the proposed use also satisfies the following criteria:

(a)

The use is listed as a conditional use in the underlying zone;

(b)

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

(c)

The proposed development is timely, considering the adequacy of transportation systems, public facilities, and services existing or planned for the area affected by the use;

(d)

The proposed use will not alter the character of the surrounding area in any manner that substantially limits, impairs, or precludes the use of surrounding properties for the primary uses listed in the underlying zone; and

(e)

The proposal satisfies those objectives and policies of the Tualatin Comprehensive Plan that are applicable to the proposed use.

(6)

Conditions of Approval. The Hearing Body may impose, in addition to the regulations and standards expressly specified in this chapter, other conditions found necessary to protect the best interests of the surrounding property or neighborhood or the City as a whole. In no event will this Chapter be used as a means to exclude multi-family housing from the City.

(7)

Compliance with Conditions and Revocations.

(a)

Any previously granted conditional use permit may be revoked by the Planning Commission, after a hearing conducted in the manner required for approval of a conditional use permit initially, upon the following grounds:

(i)

Failure to comply with the conditions of approval;

(ii)

Discontinuance of the use for a period in excess of two years;

(iii)

Failure to comply with other applicable provisions of the Tualatin Comprehensive Plan regarding design, dimensional or use requirements; or

(iv)

A change in the Tualatin Comprehensive Plan or Zone Standards of the zone within which the use is located that have the effect of no longer allowing a new conditional use permit application to be considered in such zone.

(b)

Revocations initiated under TDC 33.040(7)(a)(i) or (ii) above must not be initiated for at least six months after approval of the conditional use permit. Revocations initiated under TDC 33.040(7)(a)(i), (ii) and (iii) above has the effect of making the previously granted conditional use permit void until a new application is submitted and granted. Revocations initiated under TDC 33.040(7)(a)(iv) above has the effect of making the previously granted conditional use a nonconforming use.

(8)

Automatic Termination of Conditional Use; Request for Extension.

(a)

Unless otherwise provided by the Planning Commission in the written decision granting approval of the conditional use permit, a conditional use permit automatically is null and void two years after the effective date upon which it was granted, unless the applicant, or successor in interest, has done one of the following within two years of the effective date of the conditional use permit:

(i)

Secured a building permit and commenced construction of the building or structure in conformance of the building permit and conditional use permit.

(ii)

Commenced the activity or installation of the facility or structure authorized by the conditional use permit.

(iii)

Submitted a request for an extension of time on the conditional use permit to avoid the permit's becoming null and void.

(b)

A request for an extension must be submitted prior to the expiration date of the conditional use permit, as established by the Planning Commission in granting the conditional use permit.

(c)

Upon receipt of the request for an extension of time, the Planning Commission will hear the matter under the quasi-judicial procedures in TDC 32.230. The Planning Commission may grant or deny the extension of time, provided the extension of time does not exceed two years.

(Ord. 1414-18; 12-10-18; Ord. No. 1450-20 meeting, § 3, 12-14-20; Ord. No. 1486-24, § 3, 6-10-24)

(1)

Purpose. The Industrial Master Plan sets particular standards for development within the Industrial Master Plan Area (defined by such plan), in accordance with the Tualatin Comprehensive Plan, the Southwest Tualatin Concept Plan (SWCP) and the Leveton Tax Increment Plan. Such approved plans are intended to achieve a campus-like setting within an Industrial Master Plan Area, while allowing development to occur independently on a number of smaller parcels within that area. It is the intent of this chapter to provide procedures and criteria for the submission and review of such Industrial Master Plan applications. Development standards approved through a Master Plan process establishes alternative development standards that supersede conflicting provisions in the Tualatin Development Code.

(2)

Applicability.

(a)

An Industrial Master Plan is required for any development in the Manufacturing Business Park (MBP) Zone in a Regionally Significant Industrial Area (RSIA).

(i)

For properties in the Regionally Significant Industrial Area (RSIA) of the MBP Zone, lots or parcels may be divided into smaller lots or parcels of 20,000 sq. ft or larger when the Industrial Master Plan identifies at least one lot or parcel of 100 acres in size or larger and one lot or parcel 50 acres in size or larger.

(b)

An Industrial Master Plan is optional for any development in the Manufacturing Park (MP) Zone or Manufacturing Business Park (MBP) Zone. An Industrial Master Plan is required to do any of the following:

(i)

Modify the requirements for internal circulation, building location and orientation, street frontage, setbacks, building height, or lot size as provided in TDC Chapter 62 for the Manufacturing Park (MP) Zone and TDC Chapter 64 for the Manufacturing Business Park (MBP) Zone; and

(ii)

Provide for individual parcels of less than 40 acres in the Manufacturing Park Zone. However, the parcels must not be less than 15 acres north of SW Leveton Drive and five acres south of SW Leveton Drive, unless otherwise provided under TDC 62.050(1).

(c)

An Industrial Master Plan must be submitted for the entire Industrial Master Plan Area and include all owners of property within the area.

(3)

Procedure Type. Industrial Master Plans must be processed in accordance with the Type III review procedures as specified in Chapter 32.

(4)

Specific Submittal Requirements. In addition to the general submittal requirements in TDC 32.140 (Application Submittal), the applicant must submit the following additional information and materials:

(a)

The printed names and signatures of all property owners within the area of the proposed Industrial Master Plan.

(b)

A written statement describing all alternate development standards that may include the following:

(i)

Setbacks from each lot line to buildings, parking areas and circulation areas. Required setbacks may be exact, or minimum and maximum ranges may be specified. Required setbacks may be greater than or less than those required under TDC 62.060 or TDC 64.060;

(ii)

Locations of shared parking and circulation areas and access improvement, including truck maneuvering and loading areas and common public or private infrastructure improvements;

(iii)

Building heights and placement and massing of buildings with respect to parcel boundaries; and

(iv)

Location and orientation of building elements such as pedestrian ways or accesses, main entrances, and truck loading facilities.

(v)

Lot dimensions and area;

(A)

For properties in the Manufacturing Park (MP) Zone, an individual parcel must not be less than 15 acres north of SW Leveton Drive and five acres south of SW Leveton Drive, unless otherwise provided under TDC 62.050(1).

(B)

For properties in the Regionally Significant Industrial Area (RSIA) of the MBP Zone, lots or parcels may be divided into smaller lots or parcels of 20,000 sq. ft or larger when the Industrial Master Plan identifies at least one lot or parcel of 100 acres in size or larger and one lot or parcel 50 acres in size or larger in the RSIA; and

(vi)

Location of required building and parking facility landscaped areas.

(c)

Except as specifically provided in TDC 33.050(1) above, all other provisions of this Code apply within an Industrial Master Plan Area.

(5)

Approval Criteria.

(a)

Public facilities and services, including transportation, existing or planned, for the area affected by the use are capable of supporting the proposed development or will be made capable by the time development is completed.

(b)

The location, design, size, color and materials of the exterior of all structures for the proposed development and use is compatible with the character of other developments within the same general vicinity.

(c)

The internal circulation, building location and orientation, street frontage, setbacks, building height, lot size, and access are in accordance with TDC Chapter 62 for the Manufacturing Park (MP) Zone and TDC Chapter 64 for the Manufacturing Business Park (MBP) Zone unless otherwise approved through the Industrial Master Plan process.

(6)

Conditions of Approval.

(a)

The Planning Commission may impose, in addition to the regulations and standards expressly specified in this chapter, other conditions found necessary to protect the best interests of the surrounding property or neighborhood or the City as a whole and for compliance with the Metro UGMFP Title IV policies and requirements.

(b)

An Industrial Master Plan may be approved based on proposed parcel boundaries; in this case development under the Industrial Master Plan must be conditioned on creation of the proposed parcels through the subdivision or partition process or may be the subject of a concurrent land division application. Partition applications associated with an Industrial Master Plan may be approved by City Council in accordance with TDC 36.230(8).

(Ord. 1414-18; 12-10-18; Ord. No. 1486-24, § 3, 6-10-24)

(1)

Purpose. To establish a process by which nonconforming uses or nonconforming development (other than signs) can be reinstated in accordance with TDC Chapter 35.

(2)

Applicability. A nonconforming use or nonconforming development may not be reinstated unless approved in accordance with this section.

(3)

Procedure Type. Requests for reinstatement of a nonconforming use or nonconforming developments are processed in accordance with the Type III review procedures in Chapter 32.

(4)

Specific Submittal Requirements. An application for reinstatement of a nonconforming use must comply with the general submittal requirements in TDC 32.140 (Application Submittal).

(5)

Approval Criteria.

(a)

The nonconforming use or nonconforming development, if reinstated, will not be materially detrimental to the goals and policies of the Tualatin Comprehensive Plan.

(b)

The nonconforming use or nonconforming development, if reinstated, will not have an unreasonable detrimental effect upon the value or use of property located within 300 feet of the exterior boundaries of the property on which the reinstated nonconforming use or structure is sought.

(c)

The request for reinstatement of a nonconforming use or nonconforming development was filed with the Planning Department not more than six months from the date on which the nonconforming use or nonconforming development was terminated.

(6)

Conditions of Approval. The Planning Commission may attach conditions to the reinstatement that it finds necessary to protect the best interests of the surrounding property including, but not limited to, compliance with those provisions of the Tualatin Comprehensive Plan that are necessary to protect the health, peace, safety and welfare of the public.

(Ord. 1414-18; 12-10-18; Ord. No. 1450-20 meeting, § 4, 12-14-20)

(1)

Purpose. To provide processes for the review of proposed amendments to the Zone Standards of the Tualatin Development Code and to the Text or the Plan Map of the Tualatin Comprehensive Plan.

(2)

Applicability. Quasi-judicial amendments may be initiated by the City Council, the City staff, or by a property owner or person authorized in writing by the property owner. Legislative amendments may only be initiated by the City Council.

(3)

Procedure Type.

(a)

Map or text amendment applications which are quasi-judicial in nature (e.g. for a specific property or a limited number of properties) is subject to Type IV-A Review in accordance with TDC Chapter 32.

(b)

Map or text amendment applications which are legislative in nature are subject to Type IV-B Review in accordance with TDC Chapter 32.

(4)

Specific Submittal Requirements. An application for a plan map or text amendment must comply with the general submittal requirements in TDC 32.140 (Application Submittal).

(5)

Approval Criteria.

(a)

Granting the amendment is in the public interest.

(b)

The public interest is best protected by granting the amendment at this time.

(c)

The proposed amendment is in conformity with the applicable goals and policies of the Tualatin Comprehensive Plan.

(d)

The following factors were consciously considered:

(i)

The various characteristics of the areas in the City;

(ii)

The suitability of the areas for particular land uses and improvements in the areas;

(iii)

Trends in land improvement and development;

(iv)

Property values;

(v)

The needs of economic enterprises and the future development of the area; needed right-of-way and access for and to particular sites in the area;

(vi)

Natural resources of the City and the protection and conservation of said resources;

(vii)

Prospective requirements for the development of natural resources in the City;

(viii)

The public need for healthful, safe, esthetic surroundings and conditions; and

(ix)

Proof of change in a neighborhood or area, or a mistake in the Plan Text or Plan Map for the property under consideration are additional relevant factors to consider.

(e)

If the amendment involves residential uses, then the appropriate school district or districts must be able to reasonably accommodate additional residential capacity by means determined by any affected school district.

(f)

Granting the amendment is consistent with the applicable State of Oregon Planning Goals and applicable Oregon Administrative Rules, including compliance with the Transportation Planning Rule TPR (OAR 660-012-0060).

(g)

Granting the amendment is consistent with the Metropolitan Service District's Urban Growth Management Functional Plan.

(h)

Granting the amendment is consistent with Level of Service F for the p.m. peak hour and E for the one-half hour before and after the p.m. peak hour for the Town Center 2040 Design Type (Comprehensive Plan Map 10-4), and E/E for the rest of the 2040 Design Types in the City's planning area.

(i)

Granting the amendment is consistent with the objectives and policies regarding potable water, sanitary sewer, and surface water management pursuant to applicable goals and policies in the Tualatin Comprehensive Plan, water management issues are adequately addressed during development or redevelopment anticipated to follow the granting of a plan amendment.

(j)

The applicant has entered into a development agreement. This criterion applies only to an amendment specific to property within the Urban Planning Area (UPA), also known as the Planning Area Boundary (PAB), as defined in both the Urban Growth Management Agreement (UGMA) with Clackamas County and the Urban Planning Area Agreement (UPAA) with Washington County.

(Ord. 1414-18; 12-10-18; Ord. No. 1450-20 meeting, § 5, 12-14-20)

(1)

Purpose. To implement the standards of TDC Chapter 38. Sign Variance review provides a public hearing process to review special situations that are not anticipated by the Sign Regulations in TDC Chapter 38, including TDC 38.100, 38.110, 38.120 and 38.140-38.240.

(2)

Applicability. The requirements of this section apply to sign permits, sign design review and sign variances as required in accordance with TDC Chapter 38.

(3)

Procedure Type. Sign permits, sign design review and variances are processed in accordance with the procedures in TDC Chapter 32 as follows:

(a)

Sign Permits are subject to Type I review.

(b)

Sign Design Reviews are subject to Type I review.

(c)

Sign Variances are subject to Type III review.

(4)

Specific Submittal Requirements. In addition to the general submittal requirements in TDC 32.140 (Application Submittal), the applicant must submit the information required by TDC 38.070 (Sign Permit Process).

(5)

Approval Criteria.

(a)

A Sign Permit may be granted if the City Manager finds that the proposed sign is in compliance with the regulations in TDC Chapter 38.

(b)

Sign Design Review may be approved if the City Manager finds that the proposed sign is in compliance with the regulations in TDC Chapter 38 and the clear and objective standards in TDC 38.075.

(c)

Sign Variances. All six of the following criteria must be met before a variance can be granted:

(i)

A hardship is created by exceptional or extraordinary conditions applying to the property that do not apply generally to other properties in the same zone, and such conditions are a result of lot size or shape or topography over which the applicant or owner has no control;

(ii)

The hardship does not result from actions of the applicant, owner or previous owner, or from personal circumstances, or from the financial situation of the applicant or owner or the company, or from regional economic conditions;

(iii)

The variance is the minimum remedy necessary to eliminate the hardship;

(iv)

The variance is necessary for the preservation of a property right of the owner substantially the same as is possessed by owners of other property in the same zone however, nonconforming or illegal signs on the subject property or on nearby properties does not constitute justification to support a variance request;

(v)

The variance must not be detrimental to the general public health, safety and welfare, and not be injurious to properties or improvements in the vicinity; and

(vi)

The variance must not be detrimental to any applicable Comprehensive Plan goals and policies.

(Ord. 1414-18; 12-10-18; Ord. No. 1450-20 meeting, § 6, 12-14-20)

(1)

Purpose. Temporary Outdoor Sales is the temporary sale of goods or merchandise outside of a building located at a single location for fewer than 55 consecutive days. This includes the temporary sales of holiday vegetation, fireworks, and produce. Temporary outdoor sales may be conducted at mobile stand, tent, or in the open air. This section establishes an application process for the permitting of the temporary sale of seasonal goods or merchandise from a location outside of a building in a mobile stand, tent or in the open air.

(2)

Applicability.

(a)

Temporary Outdoor Sales Permits are only allowed in the following zones:

(i)

Central Commercial (CC); and

(ii)

General Commercial (CG).

(b)

This section is not intended to circumvent the strict application of the provisions governing permitted and conditional uses in CC and CG zones.

(c)

Exemptions: A Temporary Outdoor Sales Permit is not required for:

(i)

Activities in public spaces subject to a Community Services Special Event Permit;

(ii)

Seasonal displays or sales located in Architectural Review approved plaza areas adjacent to buildings in the Central Commercial and General Commercial Zones; or

(iii)

Mobile food units authorized by the Tualatin Municipal Code.

(3)

Procedure Type. Applications for Temporary Outdoor Sales Permits are subject to Type I Review in accordance with TDC Chapter 32.

(4)

Specific Submittal Requirements. An application for a Temporary Outdoor Sales Permit must comply with the general submittal requirements in TDC 32.140 (Application Submittal).

(5)

Approval Criteria.

(a)

The total number of days that a parcel of land may be used for temporary outdoor sales in a calendar year is 55 days.

(b)

The proposed outdoor sale must be located entirely within private property in a Central Commercial or General Commercial Zone and the applicant must have the written permission from the property owner to utilize the subject property.

(c)

The outdoor sale must be located on a site with Architectural Review approved access, parking and landscaping improvements.

(d)

The use is listed as a permitted use in the Central Commercial or General Commercial Zones.

(e)

The proposed outdoor sale will not result in vehicular traffic congestion, access for emergency vehicles must be retained, and adequate parking for truck loading should be considered.

(f)

The outdoor sale will meet all state and county health rules and regulations.

(6)

Application Fee for Temporary Uses. The application fee does not apply to non-profit or charitable organizations.

(Ord. 1414-18; 12-10-18; Ord. No. 1486-24, § 2, 6-10-24)

(1)

Purpose. To allow for a temporary sales office for the purpose of facilitating the sale of lots or parcels within a subdivision or partition.

(2)

Applicability. The provisions of this section apply to residentially zoned properties where the property owner wishes to utilize a temporary sales office, for the purpose of facilitating the sale of lots or parcels within such subdivision or partition, but for no other purpose.

(3)

Procedure Type. Temporary Sales Office applications are subject to Type I Review in accordance with TDC Chapter 32.

(4)

Specific Submittal Requirements. An application for Temporary Sales Office must comply with the general submittal requirements in TDC 32.140 (Application Submittal).

(5)

Approval Criteria. The applicant must demonstrate compliance with the following standards:

(a)

The subdivision or partition where the temporary sales office is proposed to be located must have a recorded plat.

(b)

The office must be located within the boundaries of the subdivision or partition where the lots or parcels to be sold are situated.

(c)

The property to be used for a temporary sales office must not be permanently improved for such purpose; providing, however, that a structure designed primarily for other residential purposes or a portion thereof may be used temporarily as a sales office.

(d)

The applicant must pay the standard water and sewer hook-up fees if connection to these facilities is required for the temporary sales office.

(e)

The applicant must obtain Plumbing Permits to connect to the water and sewer utilities if connection to these facilities is required for the temporary sales office.

(f)

Parking for the sales office must only be allowed in the public street adjacent to the sales office and in any driveway constructed for the temporary sales office.

(g)

Any signs placed on the lot where the temporary sales office is located must meet the requirements of the Sign Code.

(6)

Permit Expiration.

(a)

The permission granted must not exceed three years from the date of the City Manager's approval.

(b)

The granting of permission to use real property for a temporary sales office does not constitute a temporary change of zoning, and the City Manager may impose such terms and conditions as deemed advisable.

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

(1)

Purpose. To regulate the removal of trees within the City limits other than trees within the public right-of-way which are subject to TDC Chapter 74.

(2)

Applicability. No person may remove a tree on private property within the City limits, unless the City grants a tree removal permit, consistent with the provisions of this Section.

(3)

Exemptions. The following actions are exempt from the requirements of a tree removal permit.

(a)

General Exemption. Four or fewer trees may be removed within a single calendar year from a single parcel of property or contiguous parcels of property under the same ownership without a permit, if the tree is:

(i)

Not located in the Natural Resource Protection Overlay District (NRPO);

(ii)

Not located in the Wetlands Protection Area (WPA) of the Wetlands Protection District (WPD);

(iii)

Not a Heritage Tree; and

(iv)

Not previously required to be retained or planted under an approved Architectural Review decision.

(b)

Forest Harvesting Exemption. Forest Harvesting Uses, as provided by Agricultural Uses in TDC 39.300 are exempt.

(c)

Orchard Exemption. Orchards Uses, as provided by Agricultural Uses in TDC 39.300, are exempt.

(d)

Public Property Exemption. Tree removal on federal, state, county, or City property is exempt from the requirements of a tree removal permit. This exemption includes, but is not limited to road, improvements and maintenance to City parks, rights-of-way, water, sanitary sewer, and stormwater facilities. (Removal of trees from public right-of-way are governed by TDC Chapter 74.)

(4)

Procedure Type. Tree Removal Permit applications are subject to Type II Review in accordance with TDC Chapter 32. Tree Removal Permit applications submitted with an Architectural Review, Subdivision, or Partition application will be processed in conjunction with the Architectural Review, Subdivision, or Partition decision.

(5)

Specific Submittal Requirements. In addition to the general submittal requirements in TDC 32.140 (Application Submittal), an applicant must submit the following:

(a)

Tree Preservation Plan. A tree preservation plan drawn to scale must include:

(i)

The location, size, species, and tag identification number of all trees on-site eight inches or more in diameter;

(ii)

All trees proposed for removal and all trees proposed to be preserved;

(iii)

All existing and proposed structures;

(iv)

All existing and proposed public and private improvements; and

(v)

All existing public and private easements.

(b)

Tree Assessment Report. A tree assessment prepared by a certified arborist must include:

(i)

An analysis as to whether trees proposed for preservation may be preserved in light of the development proposed, are healthy specimens, and do not pose an imminent hazard to persons or property if preserved;

(ii)

An analysis as to whether any trees proposed for removal could reasonably be preserved in light of the development proposed and health of the tree;

(iii)

a statement addressing the approval criteria set forth in TDC 33.110(5);

(iv)

the name, contact information, and signature of the arborist preparing the report; and

(v)

The tree assessment report must have been prepared and dated no more than one calendar year preceding the date the development or Tree Removal Permit application is deemed complete by the City.

(c)

Tree Tags. All trees on-site must be physically identified and numbered in the field with an arborist-approved tagging system that corresponds to the Tree Preservation Plan and Tree Assessment Report.

(6)

Approval Criteria.

(a)

An applicant must satisfactorily demonstrate that at least one of the following criteria are met:

(i)

The tree is diseased and:

(A)

The disease threatens the structural integrity of the tree; or

(B)

The disease permanently and severely diminishes the esthetic value of the tree; or

(C)

The continued retention of the tree could result in other trees being infected with a disease that threatens either their structural integrity or esthetic value.

(ii)

The tree represents a hazard which may include but not be limited to:

(A)

The tree is in danger of falling; or

(B)

Substantial portions of the tree are in danger of falling.

(iii)

It is necessary to remove the tree to construct proposed improvements based on Architectural Review approval, building permit, or approval of a Subdivision or Partition Review.

(b)

If none of the conditions in TDC 33.110(5)(a) are met, the certified arborist must evaluate the condition of each tree.

(i)

Evergreen Trees. An evergreen tree which meets any of the following criteria as determined by a certified arborist will not be required to be retained:

(A)

Trunk Condition—extensive decay and hollow; or

(B)

Crown Development—unbalanced and lacking a full crown;

(ii)

Deciduous Trees. A deciduous tree which meets any of the following criteria as determined by a certified arborist will not be required to be retained:

(A)

Trunk Condition—extensive decay and hollow;

(B)

Crown Development—unbalanced and lacking a full crown; or

(C)

Structure—Two or more dead limbs.

(7)

Emergencies. If emergency conditions occur requiring the immediate cutting or removal of trees to avoid danger or hazard to persons or property, an emergency permit must be issued by the City Manager without payment of a fee and without formal application, provided the owner provides enough information to the City Manager to document that an emergency exists. If an emergency exists and the City Offices are closed, the emergency condition may be abated provided the person files information documenting the emergency and necessity of immediate removal of the tree as soon as practical after the City Offices reopen. An "emergency condition" for purposes of this section is when a tree presents an immediate danger of collapse, and represents a clear and present hazard to persons or property. For the purposes of this section, "immediate danger of collapse" means that the tree is already leaning, and there is a significant likelihood that the tree will topple or otherwise fail and cause damage before a tree cutting permit could be obtained through the nonemergency process. "Immediate danger of collapse" does not include hazardous conditions that can be alleviated by pruning or treatment. Examples of emergency conditions include:

(a)

A tree leaning on a structure;

(b)

A tree leaning on another tree and there is a significant likelihood that the tree will topple or otherwise fail; or

(c)

If a utility service has been interrupted and repairs cannot be completed without the removal of a tree.

(8)

Conditions of Approval. Any tree required to be retained must be protected in accordance with the TDC 73B and 73C.

(9)

Permit Expiration. A Tree Removal Permit is valid for one year from the date of issue. A Tree Removal Permit approved in conjunction with an Architectural Review, Subdivision, or Partition decision is valid as provided in the terms of the Architectural Review, Subdivision, or Partition decision.

(10)

Tree removal in violation of Zone Standards.

(a)

In addition to any applicable civil violation penalties, any property owner who removes, or causes to be removed, one or more trees in violation of applicable TDC provisions must pay an Enforcement Fee and a Restoration Fee to the City of Tualatin, as follows:

(i)

Enforcement Fee of $837.00 per incident, plus $10.00 for each tree removed; and

(ii)

Restoration Fee of $2,000.00 per tree removed.

(b)

The City Manager may administratively reduce or waive these fees based upon a demonstration of hardship, adequate mitigation, or other good cause shown.

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

(1)

Purpose. To establish a procedure for the granting of Variance and Minor Variances to the standards of the Tualatin Development Code. Exceptions:

(a)

Variances to the requirements of TDC Chapter 70 (Floodplain District) must be in accordance with TDC Chapter 70.

(b)

Sign variances must be in accordance with Section 33.080.

(2)

Applicability. Variances may be granted to the requirements of the TDC as provided in this Section when it can be shown that, owing to special and unusual circumstances related to a specific piece of property, the literal interpretation of the TDC would cause an undue or unnecessary hardship.

(a)

Variances may be requested for the following:

(i)

Standards in TDC Chapters 40-69 and 71-73A through 73F.

(b)

Minor variances may be requested for the following:

(i)

In Residential Low Density Zone (RL) and Residential Medium to Low Density Zone (RML) for detached single family dwellings, accessory structures, duplexes, townhomes, triplexes, quadplexes, cottage clusters, or accessory dwelling units:

(A)

Up to a ten percent variation from the required lot area, and/or

(B)

Up to a 20 percent variation from the required lot width, building coverage, setbacks, projections into required yards and structure height development standards for permitted uses.

(c)

Prohibited. Variances and minor variances are not allowed:

(i)

To permit a use of land that is not permitted or conditionally permitted in a zone.

(3)

Procedure Type.

(a)

Applications for a Minor Variance are subject to Type II review in accordance with TDC Chapter 32.

(b)

Applications for a Variance are subject to Type III review in accordance with TDC Chapter 32.

(4)

Specific Submittal Requirements. In addition to the general submittal requirements in TDC 32.140 (Application Submittal), an applicant must submit the following additional information:

(a)

The name, addresses and telephone numbers of the architect, landscape architect and engineer; and

(b)

If requesting a variance to lot width, building coverage, setbacks, projections into required yards and structure height then a property survey stamped by a qualified professional is required.

(5)

Approval Criteria for Granting a Minor Variance. A minor variance must not be granted unless the application shows the following approval criteria are met:

(a)

A hardship is created by an unusual situation that is the result of lot size, lot shape, topography, development circumstances or being able to use the land or public infrastructure more efficiently;

(b)

The hardship does not result from regional economic conditions;

(c)

The minor variance will not be injurious to property abutting the subject property; and

(d)

The minor variance is the minimum remedy necessary to alleviate the hardship.

(6)

Approval Criteria for Granting a Variance that is not a Minor Variance or for a Wireless Communication Facility. A variance must not be granted unless it can be shown that criterion (a) is met and three of the four approval criteria (b)-(e) are met for non-sign requests:

(a)

A hardship is created by exceptional or extraordinary conditions applying to the property that do not apply generally to other properties in the same zone or vicinity and the conditions are a result of lot size or shape, topography, or other physical circumstances applying to the property over which the applicant or owner has no control.

(b)

The hardship does not result from actions of the applicant, owner or previous owner, or from personal circumstances or financial situation of the applicant or owner, or from regional economic conditions.

(c)

The variance is necessary for the preservation of a property right of the applicant or owner substantially the same as is possessed by owners of other property in the same zone or vicinity.

(d)

The variance must not be detrimental to the applicable goals and policies of the Tualatin Comprehensive Plan and must not be injurious to property in the zone or vicinity in which the property is located.

(e)

The variance is the minimum remedy necessary to alleviate the hardship.

(7)

Approval Criteria for Granting a Variance for a Wireless Communication Facility. A variance to the separation or height requirements for wireless communication facilities must not be granted unless it can be shown that the following criteria are met. The criteria for granting a variance to the separation or height requirements for wireless communication facilities is limited to this section, and does not include the standard variance criteria of Section TDC 33.120(6), Approval Criteria for Granting a Variance that is not for a Wireless Communication Facility.

(a)

The City may grant a variance from the provisions of TDC 73F, which requires a 1,500 foot separation between WCFs, providing the applicant demonstrates compliance with (i) or (ii) below.

(i)

Coverage and Capacity.

(A)

It is technically not practicable to provide the needed capacity or coverage the tower is intended to provide and locate the proposed tower on available sites more than 1,500 feet from an existing wireless communication facility or from the proposed location of a wireless communication facility for which an application has been filed and not denied. The needed capacity or coverage must be documented with a Radio Frequency report;

(B)

The collocation report, required as part of the Architectural Review submittal, must document that the existing WCFs within 1,500 feet of the proposed WCF, or a WCF within 1,500 feet of the proposed WCF for which application has been filed and not denied, cannot be modified to accommodate another provider; and

(C)

There are no available buildings, light or utility poles, or water towers on which antennas may be located and still provide the approximate coverage the tower is intended to provide.

(ii)

Site Characteristics. The proposed monopole location includes tall, dense evergreen trees that will screen at least 50 percent of the proposed monopole from the RL District or from a small lot subdivision in the RML District.

(b)

The City may grant a variance to the maximum allowable height for a WCF if the applicant demonstrates:

(i)

It is technically not practicable to provide the needed capacity or coverage the tower is intended to provide at a height that meets the TDC requirements. The needed capacity or coverage must be documented with a Radio Frequency report; and

(ii)

The collocation report, required as part of the Architectural Review submittal, must document that existing WCFs, or a WCF for which an application has been filed and not denied, cannot be modified to provide the capacity or coverage the tower is intended to provide.

(Ord. 1414-18; 12-10-18; Ord. No. 1450-20 meeting, § 7, 12-14-20; Ord. No. 1463-21 meeting, § 5, 12-13-21)