City of Tigard, OR Chapter 18.650 Tigard Downtown Plan District

§ 18.650.010 Purpose.

A. Purpose. The purpose of this chapter is to implement the comprehensive plan, Tigard Downtown Improvement Plan, and urban renewal plan and ensure the quality, attractiveness, and special character of the downtown plan district, as shown on Map 18.650.A. The regulations are intended to:

1. Facilitate the development of an urban village by promoting the development of a higher density, economically viable, and aesthetically pleasing pedestrian-oriented downtown where people can live, work, play, and shop for their daily needs without relying on the automobile. The quality and scale of the downtown urban environment will foster social interaction and community celebration.

2. Encourage the integration of natural features and the open space system into downtown by promoting development sensitive to natural resource protection and enhancement; addressing the relationship to Fanno Creek Park; and promoting opportunities for the creation of public art and use of sustainable design.

3. Enhance the street level as an inviting place for pedestrians by guiding the design of the buildings that frame the right-of-way (the public realm) to contribute to a safe, high quality pedestrian-oriented streetscape. Building features will be visually interesting and human-scaled, such as storefront windows, detailed facades, art, and landscaping. The impact of parking on the pedestrian system will also be limited. The downtown streetscape will be developed at a human scale and closely connected to the natural environment through linkages to Fanno Creek open space and design attention to trees and landscapes.

4. Promote Tigard's downtown as a desirable place to live and do business. Promote development of high-quality high-density housing and employment opportunities in the downtown.

5. Provide a clear and concise guide for developers and builders by employing greater use of graphics to explain community goals and desired urban form to applicants, residents and administrators.

B. Sub-areas. The four sub-areas located on Map 18.650.B and described below have different development standards in order to create a feeling of distinct districts within the larger zone.

1. Highway 99W and Hall Boulevard Corridor. The purpose of this sub-area is to create a pulse-point along the Highway 99W corridor. Located at the intersection of 99W and Hall Boulevard, the area has the high traffic and visibility to draw potential retail customers from the region. The area will accommodate higher levels of vehicular circulation, while maintaining a pedestrian scale at the first story of buildings. It allows development of mixed-use and retail buildings that vary in scale from single-story retail-only buildings to mixed-use buildings up to 45 feet tall with retail on the first story and residential or Office uses above.

2. Main Street - Center Street. The purpose of this sub-area is to create pedestrian-oriented, smaller scale development centered on the city's historic downtown Main Street. The pedestrian environment is improved with continuous building facades broken only intermittently. New buildings in the sub-area must include commercial storefront features on the first story. Residential and commercial uses are allowed on upper stories.

3. Scoffins Street - Commercial Street. The purpose of this sub-area to provide an opportunity for higher-density residential as well as an employment base comprised of civic, office, and commercial uses in the areas of Commercial Street and Scoffins Street. Residential-only buildings, commercial buildings, and mixed-use developments are allowed.

4. Fanno - Burnham Street. The purpose of this sub-area is to provide an opportunity for medium-scale residential or mixed-use development. Compatible mixed uses (live-work, convenience retail, office, and civic uses) are encouraged on the frontage of Burnham Street. The area in proximity to Fanno Creek Park will be an opportunity to create a high-quality residential environment with views and access to the natural amenity of Fanno Creek Park.

(Ord. 17-22 §2; Ord. 18-23 §2; Ord. 18-28 §1; Ord. 19-09 §1; Ord. 20-01 §1)

§ 18.650.020 Applicability.

A. Applicability. The regulations of this chapter apply to the Tigard Downtown Plan District in addition to all other applicable regulations of this title. The boundaries of the plan district are shown on Map 18.650.A, which is located at the end of this chapter, and on the official zoning map.

1. New buildings. All use, development, and design standards of this chapter apply to new buildings and related site improvements.

2. Pre-existing uses and development. Pre-existing uses and associated development that were lawfully established prior to the effective date of this chapter are treated as lawful or approved uses and developments, subject to the following:

a. Modifications associated with lawfully established pre-existing uses and structures are allowed, provided the modifications meet or move the nonconforming use or structure toward compliance with all applicable standards, except that small form residential development used for residential purposes that were lawfully established prior to the effective date of this chapter are exempt from the design standards of this chapter.

b. If a structure containing a pre-existing use is accidentally destroyed, or the use is otherwise abandoned, then the use will retain its pre-existing status under this provision provided it is substantially reestablished within one year of the date of the loss. Any new structures containing the use must comply with the provisions of this title.

c. Existing nonconforming industrial structures at the following locations may continue to be utilized for I-P industrial uses after the nonconforming use limit of six months: 2S102AA04700, 2S102AC00100, 2S102AC00202, 2S102AD01203, 2S102DB00100, and 2S102DA00300.

B. Conflicting standards. With the exception of public facility requirements, the requirements in this chapter govern in the event of a conflict.

C. Exemptions. The following are exempt from the downtown development review procedures of this chapter, but must comply with all standards:

1. Maintenance or repair of a building, structure, or site in a manner that is consistent with previous approvals or necessary for safety;

2. Projects undertaken to bring an existing development into compliance with applicable federal and state accessibility regulations;

3. Any modification to the exterior of a building that does not require a building permit;

4. Interior remodeling not associated with a change of use;

5. Temporary structures or temporary uses as defined in Chapter 18.440, Temporary Uses;

6. Any development involving pre-existing small form residential development that is not being converted to a nonresidential use or that has previously been converted to a nonresidential use;

7. Any change of use and associated interior remodeling on a property that is in the Main Street sub-area; or

8. Any change to windows, doors, awnings, or other similar exterior elements on facades that are not street-facing.

(Ord. 17-22 §2; Ord. 18-23 §2; Ord. 19-09 §1; Ord. 20-01 §1; Ord. 22-06 §2)

§ 18.650.030 Approval Process.

A. Procedures.

1. Type I site development review. Applications for development or modifications that meet the thresholds of Paragraph 18.650.030.B.1 as provided in Section 18.710.050, using the approval criteria in Subsection 18.650.040.A.

2. Type II site development review. Applications for development or modifications that meet the thresholds of Paragraph 18.650.030.B.2 are processed through a Type II procedure, as provided in Section 18.710.060, using the approval criteria in Subsection 18.650.040.B.

3. Downtown adjustment. Downtown adjustment applications are processed concurrently with a site development review, through a Type II procedure, as provided in Section 18.710.060, using the approval criteria in Subsection 18.650.040.C. There are two types of downtown adjustments:

a. Adjustments to the design standards of Section 18.650.060, and

b. Specific adjustments allowed by Section 18.650.080.

B. Review thresholds. If a proposed development or modification is unlisted, the Director will determine the most appropriate review type. This determination is the final local decision and will favor the review type that provides the most appropriate public notice and opportunity for public comment.

1. Type I site development review. A Type I site development review is required for the following:

a. Addition, elimination, or change in location of windows that does not decrease the window coverage on a street-facing facade below the minimum required;

b. Addition, elimination, or change in location of entrances and loading doors on a street-facing facade;

c. Addition of new and change to existing awnings, canopies, and other mounted structures on an existing street-facing facade;

d. For commercial and mixed-use developments, modification of up to 15% on-site landscaping with no reduction in required landscaping. Modification refers to changing the hardscape elements and the location of required landscape areas or trees;

e. Modification of off-street parking with no increase in parking spaces or paved area;

f. Addition of new fences, retaining walls, or both;

g. An increase in the height of a building of less than 20%;

h. A change in the type and location of access ways and parking areas where off-site traffic would not be affected;

i. An increase in the floor area proposed for a nonresidential use by less than 10% or under 5,000 square feet; or

j. A reduction in the area reserved for common open space or usable open space, which does not reduce the open space area below the minimum required by this title or reduces the open space area by less than 10%.

2. Type II site development review. A Type II site development review is required for the following:

a. All new development;

b. A change in the type of commercial or industrial structures as defined by the state building code;

c. An increase in the height of the building by more than 20%;

d. A change in the type and location of access ways and parking areas where off-site traffic would be affected;

e. An increase in the floor area proposed for a nonresidential use by more than 10% excluding expansions under 5,000 square feet; or

f. A reduction in the area reserved for common open space or usable open space, which reduces the open space area below the minimum required by this title or reduces the open space area by more than 10%.

C. Approval period and extensions. Expirations and extensions of approvals are provided in Subsection 18.20.050.G.

(Ord. 17-22 §2; Ord. 18-23 §2; Ord. 18-28 §1; Ord. 19-09 §1; Ord. 22-06 §2; Ord. 22-10 §2; Ord. No. 24-05, 4/23/2024)

§ 18.650.040 Approval Criteria.

A. Type I site development review. The approval authority will approve or approve with conditions an application for Type I site development review when the following are met:

1. The modification does not cause the development to go out of conformance with any applicable standard of this chapter or further out of conformance if already nonconforming, except where an adjustment has been approved; and

2. The modification complies with all other applicable standards of this title.

B. Type II site development review. The approval authority will approve or approve with conditions an application for Type II site development review when the following are met:

1. For new development, the proposed uses and structures comply with all applicable standards of this chapter and title; or

2. For modifications, the modification does not cause the development to go out of conformance with any applicable standard of this chapter or further out of conformance if already nonconforming, except where an adjustment has been approved; and

3. The proposed modification complies with all other applicable standards of this title.

C. Downtown adjustment. The approval authority will approve or approve with conditions an application for a downtown adjustment when either:

1. The design adjustment will result in development that equally or better meets the purpose of the standard in Section 18.650.060 that is being modified, or

2. The specific adjustment is allowed by Section 18.650.080 and complies with the approval criteria provided for that adjustment.

(Ord. 19-09 §1; Ord. No. 24-05, 4/23/2024)

§ 18.650.050 Land Use Standards.

A. General provisions. A list of allowed, restricted, conditional, and prohibited uses in the MU-CBD zone is provided in Table 18.650.1. If a use category is not listed, see Section 18.60.030.

1. Allowed (A). Uses that are allowed, subject to all of the applicable provisions of this title.

2. Restricted (R). Uses that are subject to special requirements, exceptions, or restrictions provided in Subsection 18.650.050.B.

3. Conditional (C). Uses that require the approval of the Hearings Officer using discretionary criteria. The approval process and criteria are provided in Chapter 18.740, Conditional Uses.

4. Prohibited (P). Uses that are not allowed under any circumstance.

Table 18.650.1 Tigard Downtown Land Use Standards
Use Categories	MU-CBD
Residential Use Category
Residential Use	A/R
Civic Use Categories
Basic Utility	R/C
Cemetery	P
Detention Facility	C
Government Services	A
Railroad Yard	P
School or Religious Facility	A
Temporary Shelter	C
Transportation and Utility Corridor	A
Wireless Communications Facility	R
Commercial Use Categories
Adult Entertainment	P
Commercial Lodging	A
Indoor Sales and Services	R
Major Event Entertainment	C
Mobility Hub	C
Motor Vehicle Fuel Sales	R
Motor Vehicle Sales and Rental	R
Motor Vehicle Servicing	R
Non-Accessory Parking	A
Office	A
Outdoor Sales and Services	R
Self-Service Storage	R
Industrial Use Categories
Industrial and Manufacturing	P
Off-Site Services	P
Warehouse and Distribution and Freight Movement	P
Waste-Related	P
Wholesale and Equipment Rental	P

B. MU-CBD zone use restrictions.

1. Residential use. Any combination of residential and nonresidential use proposed for the same site and not contained in a mixed-use development require planned development review.

2. Basic Utility.

a. This use is conditionally allowed.

b. Data centers are conditionally allowed only on or above the second story of a vertical mixed-use building.

3. Wireless communications facility. See Chapter 18.450, Wireless Communication Facilities, for allowed and restricted facilities.

4. Indoor sales and services.

a. Uses with drive-through services that were lawfully in existence prior to the adoption of the MU-CBD zone are allowed. All new uses with drive-through services are prohibited.

b. The maximum allowed gross floor area is 60,000 square feet per building or tenant in all MU-CBD subareas except the 99W-Hall subarea as shown on Map 18.650.A.

5. Motor vehicle fuel sales. Uses that were lawfully in existence prior to the adoption of the MU-CBD zone are allowed. All new uses are prohibited.

6. Motor vehicle sales and rental. Uses that were lawfully in existence prior to the adoption of the MU-CBD zone are allowed. All new uses are prohibited.

7. Motor vehicle servicing. All use activities must be contained inside a structure except for employee and customer parking.

8. Outdoor sales and services. All inventory and materials must be contained completely within a building.

9. Self-service storage. Uses that were lawfully in existence prior to the adoption of the MU-CBD zone are allowed. All new uses are prohibited.

10. Motor vehicle fuel sales. Uses that were lawfully in existence prior to the adoption of the MU-CBD zone are allowed. All new uses are prohibited.

(Ord. No. 24-05, 4/23/2024)

§ 18.650.060 Housing Types.

A. A housing type is not a use category. It describes a type of development that contains a residential use.

B. A list of allowed, limited, and prohibited housing types in the MU-CBD zone is provided in Table 18.650.2. The terms and abbreviations in Table 18.650.2 are as follows:

1. Yes, allowed (Y). Housing types that are allowed.

2. Limited (L). Housing types that are allowed subject to specific limitations.

3. No, prohibited (N). Housing types that are not allowed under any circumstance.

C. All housing types are subject to the standards and provisions of the applicable development standards chapter. The applicable chapter for each housing type is provided in Table 18.650.2.

D. All allowed housing types may be built on site or manufactured off site.

Table 18.650.2 MU-CBD Zone Housing Types
Housing Types	Applicable Chapter	MU-CBD
Accessory Dwelling Units	18.220	N
Apartments	18.230	Y
Cottage Clusters	18.240	N
Courtyard Units	18.250	N
Mobile Home Parks	18.260	L
Quads	18.270	N
Rowhouses	18.280	Y
Small Form Residential	18.290	N
Mixed-Use Development	18.650	Y

E. Limited housing types. Mobile home parks that were lawfully in existence prior to the adoption of the MU-CBD zone are allowed. All new mobile home parks are prohibited.

(Ord. No. 24-05, 4/23/2024)

§ 18.650.070 Development Standards.

A. Development standards. Development standards are provided in Table 18.650.1

Table 18.650.3 Development Standards
Standard	Sub-Areas
	Main Street (MS)	99W/Hall Corridor (99H)	Scoffins/Commercial (SC)	Fanno/Burnham (FB)
Minimum Lot Size	None	None	None	None
Minimum Lot Width	None	None	None	None
Minimum Setbacks
- Front	0 ft.	0/5 ft.(5 ft. for frontage on 99W)	0 ft.	0 ft.
- Street side	0 ft.	0 ft.	0 ft.	0 ft.
- Side	0 ft.	0 ft.	0 ft.	0 ft.
- Rear	0 ft.	5 ft.	5 ft.	5 ft.
Maximum Setbacks
- Front	10 ft.	25 ft.	20 ft.	20 ft.
- Street side	10 ft.	None	None	None
Building Height
- Minimum	20 ft.	20 ft.	20 ft.	20 ft.
- Maximum [1]	80 ft.	45 ft.	80 ft.	80 ft. [2]
- First story minimum	15 ft.	15 ft.	None	None
Maximum Lot Coverage	100%	90%	90%	80%
Minimum Landscape Area [3]	0%	10%	10%	20%
Minimum Building Frontage	50%	50%	50%	50%
Residential Density (units per acre)
- Minimum [4]	25	25	25	15
- Maximum [1]	50	50	50 [5]	50 [5]

Notes:
[1]	See Subsection 18.650.080.D.
[2]	45 feet within 200 feet of Fanno Creek Park boundary (see Map 18.650.B) or within 50 feet of the RES-A through RES-D zones.
[3]	In the MU-CBD zone, required landscaping may be provided on roofs or within the abutting right-of-way where the applicant is required to provide landscaping as part of a street improvement in compliance with Section 18.650.070.
[4]	Minimum density applies to residential-only development (not mixed-use).
[5]	Maximum density in the station area overlay is 80 units per acre (see Map 18.650.B).

B. Parking.

1. Parking areas must be located on the side or rear of newly constructed buildings. If located on the side, the parking area may not exceed 50% of the total frontage of the site.

2. Parking areas must be set back a minimum of 10 feet from a street property line.

3. When abutting a public right-of-way, pedestrian paths and trails in a public easement, or a public park, parking areas must be screened to the S-4 standard as provided in Table 18.420.2.

4. Where a parking area shares a property line with an adjacent parking area, landscaping is not required along the shared property line.

5. Adjustments to the bicycle parking requirements are prohibited.

Figure 18.650.1 Parking Location

C. Rooftop features and equipment screening.

1. The following rooftop equipment does not require screening:

a. Solar panels, wind generators, and green roof features;

b. Equipment under two feet in height.

2. Elevator mechanical equipment may extend above the height limit a maximum of 16 feet provided that the mechanical shaft is incorporated into the architecture of the building.

3. Satellite dishes and other communications equipment are limited to a maximum of 10 feet in height and must be set back a minimum of five feet from the roof edge and screened from public view to the extent practicable.

4. All other roof-mounted mechanical equipment is limited to a maximum of 10 feet in height and must be set back a minimum of five feet from the roof edge and screened from public view and from views from adjacent buildings by one of the following methods:

a. A screen around the equipment that is made of a primary exterior finish material used on other portions of the building or architectural grade wood fencing or masonry; or

b. Green roof features or regularly maintained dense evergreen foliage that forms an opaque barrier when planted.

D. Other exterior mechanical equipment. Other exterior mechanical equipment on the site (electrical boxes, etc.) must be screened from public right-of-way, pedestrian paths in a public easement, public parks, public spaces, and parking areas by one or more of the following:

1. A screen around the equipment that is made of a primary exterior finish material used on other portions of the building or architectural grade wood fencing or masonry; or

2. Dense evergreen landscaping that provides an opaque barrier. All landscaping used for this purpose must be regularly maintained.

E. Fences. All fences must comply with the standards of Section 18.310.020. Barbed or razor wire fences are prohibited.

(Ord. 17-22 §2; Ord. 18-23 §2; Ord. 18-28 §1; Ord. 19-09 §1; Ord. 20-01 §1; Ord. 22-06 §2; Ord. 22-10 §2 Ord. No. 24-05, 4/23/2024)

§ 18.650.080 Design Standards.

A. Create vibrant first stories, streetscapes, and rights-of-way; provide weather protection; and promote safety and security.

1. Purpose. Design standards in this section are intended to foster vibrant, inviting streetscapes and sidewalk-facing first stories and entrances. They are also intended to create buildings that are easily accessible to and provide protection from the elements for pedestrians. They also will help ensure that the first story promotes a sense of interaction between activities in the building and activities in the public realm. Building and site design should also address crime prevention through defensible spaces, lighting, and features that allow observation and eyes on the street. Windows, doors, and weather protection are an integral part of the building design.

2. Standards.

a. Street facade. Street-facing facades must be built in proximity to the street. This standard is met when at least 50 percent of the first story front building elevation is located no further from the front property line than the maximum front setback standard provided in Table 18.650.1; and, where maximum street-facing side setbacks are required within the Main Street-Center Street sub-area, at least 50 percent of the first story street-facing side building elevation is located no further from the street-facing side property line than the maximum street-facing side setback standard provided in Table 18.650.1.

b. Primary entrances.

i. Nonresidential and mixed-use buildings.

(A) At least 1 entrance is required for each business with a first-story street-facing building elevation.

(B) Each entrance must be covered, recessed, or treated with a permanent architectural feature in such a way that weather protection is provided.

(C) All primary first-story common entrances must be oriented to the street or a public space directly facing the street, not to the interior or to a parking lot.

ii. Residential buildings.

(A) The primary public entrance to each building unit must be covered, recessed, or treated with a permanent architectural feature in such a way that weather protection is provided.

(B) All street-facing building elevations must include a primary first-story common entrance to apartment development and individual entrances to rowhouse development that are oriented to the street or public right-of-way, not to the interior or to a parking lot.

c. Windows. Minimum window coverage includes any glazed portions of doors.

i. Nonresidential and mixed-use buildings.

(A) The minimum window area of first-story street-facing facades is 60 percent.

(B) First-story windows must have a visible transmittance (VT) of 0.6 or higher, with the exception of medical and dental offices, which may have tinted windows.

ii. Residential buildings. The minimum window area of first-story street-facing facades is 30 percent.

iii. Upper-story windows for all buildings.

(A) The minimum window area of street-facing facades above a first story is 30 percent, except on top stories that include sloped roofs and dormer windows.

(B) The minimum ratio of vertical to horizontal dimensions for windows on a street-facing facade above a first story is 1.5:1.

iv. Window shadowing for all buildings. Windows must be recessed 3 inches into the facade. Nonresidential and mixed-use buildings may instead incorporate trim of a contrasting material or color.

d. Weather protection. For nonresidential and mixed-use buildings:

i. A projecting facade element (awning, canopy, arcade, or marquee) is required on the street-facing facade of the street with the highest functional classification.

ii. Awnings, marquees, and canopies must project a minimum of 3 feet from the facade and may project a maximum of 6 feet into the public right-of-way or the minimum sidewalk width along the building frontage, whichever is less. Any element that projects into the right-of-way is subject to approval by the City Engineer.

iii. Marquees must have a minimum 10-foot clearance from the bottom of the marquee to the sidewalk. Awnings and canopies must have a minimum 8-foot clearance from the bottom of the awning or canopy to the sidewalk.

iv. Awnings must match the width of storefronts or window openings.

v. Internally lit awnings are not allowed.

vi. Awnings must be made of glass, metal, or exterior grade fabric (or a combination of these materials).

Figure 18.650.2 Residential Buildings

Figure 18.650.3 Nonresidential and Mixed-use Buildings

B. Cohesive architectural facade standards.

1. Purpose. Build and expand upon downtown Tigard's architectural character by incorporating cohesive and repetitive architectural elements into the first story of street-facing facades. Relate to the horizontal facade articulation and massing of surrounding development or utilize building and site design elements that connect Fanno Creek Park or extend natural elements to the downtown.

2. Standard. Divide the street-facing first story of nonresidential and mixed-use storefronts into distinct architectural bays that are no more than 30 feet on center. For the purpose of this standard, an architectural bay is defined as the zone between the outside edges of an engaged column, pilaster, post, or vertical wall area.

Figure 18.650.4 Architectural Bays

C. Integrated building facade standards.

1. Purpose. Build upon and improve downtown Tigard's architecture by creating an attractive and unified building facade that encourages first-story activities and creates visually interesting facades and roofs.

2. Standards.

a. Facades.

i. Nonresidential and mixed-use buildings without residential component. Buildings 2 stories and above must have 3 clearly defined elements on the street-facing facade: a base (extends from the sidewalk to the bottom of the second story or the belt course that separates the first story from the middle of the building); a middle (distinguished from the top and base of the building by use of building elements); and a top (roof form or element at the uppermost portion of the facade that visually terminates the facade).

Figure 18.650.5 Integrated Building Facade (Nonresidential Buildings)

ii. Residential and mixed-use buildings with a residential component. Each street-facing dwelling unit must include a porch or balcony that extends from the facade a minimum of 1 foot and a maximum of 4 feet.

Figure 18.650.6 Integrated Building Facade (Residential and Mixed-use Buildings)

b. Roof forms.

i. The roof form of a building must follow one (or a combination) of the following forms:

(A) Flat roof with parapet or cornice;

(B) Hip roof;

(C) Gabled roof;

(D) Full mansard roof;

(E) Dormers; or

(F) Shed roof.

ii. All sloped roofs (other than full mansard roofs) have a minimum 5/12 pitch.

iii. Sloped roofs must have eaves, exclusive of rain gutters, that project from the building wall at least 12 inches.

iv. All flat roofs or those with a pitch of less than 5/12 must be architecturally treated or articulated with a parapet wall that projects vertically above the roof line at least 12 inches or a cornice that projects from the building face at least 6 inches.

v. When an addition to an existing structure or a new structure is proposed in an existing nonresidential development, the roof forms for the new structures must have similar slope and be constructed of the same materials as the existing roof.

Figure 18.650.7 Roof Forms

D. Create street corners with strong identity.

1. Purpose. Create a strong architectural statement at street corners. Establish visual landmarks and enhance visual variety.

2. Standard. Nonresidential and mixed-use buildings at the corner of 2 public streets or a street and public area, park, or plaza (for the purposes of this standard an alley is not considered a public street) must incorporate one of the following features:

a. The primary entrance to the building at the corner;

b. A prominent architectural element, such as increased building height or massing, a cupola, a turret, or a pitched roof within 20 feet of the corner of the building;

c. The corner of the building cut at a 45 degree angle, or a similar dimension rounded corner; or

d. A combination of special paving materials, street furnishings or plantings near the front door.

Figure 18.650.8 Street Corner (Nonresidential and Mixed-Use Buildings)

E. Assure building quality, permanence, and durability.

1. Purpose. Use building materials that evoke a sense of permanence and are compatible with Downtown Tigard and the surrounding built and natural environment.

2. Standard. The following exterior building materials or finishes are prohibited:

a. Vinyl siding;

b. T-111 or similar sheet materials;

c. Plain concrete block (not including split faced, colored, or other block designs that mimic stone, brick, or other masonry); foundation material may be skim-coated concrete block where the foundation material is not revealed for more than 2 feet; and

d. Mirrored glass.

F. Outdoor space.

1. Purpose. Assure adequate public, private, and shared outdoor space.

2. Standards.

a. Nonresidential and mixed-use buildings without a residential component.

i. Development sites greater than 60,000 square feet must include at least 1 public outdoor space with a minimum size of 600 square feet.

ii. Public outdoor spaces must be abutted on at least 2 sides by retail shops, restaurants, or services with window entrances fronting on the space.

b. Residential and mixed-use buildings with 4 or more dwelling units.

i. Private outdoor space, such as a private porch, deck, balcony, patio, atrium, or other private outdoor space, must be provided.

(A) An average of 28 square feet of private outdoor space must be provided per dwelling unit in a development.

(B) In order to be counted toward the private outdoor space standard, the private outdoor space provided for each dwelling unit must be a minimum of 32 square feet, with a minimum depth of 4 feet.

(C) The private outdoor space provided must be contiguous with the dwelling unit.

(D) Balconies used for entrances or exits are not considered as private outdoor space except where such exits or entrances are for the sole use of the dwelling unit.

(E) Balconies may project up to a maximum of 4 feet into the public right-of-way.

ii. Shared outdoor space must be provided in addition to required private outdoor space. Examples include: courtyards, roof decks, gardens, play areas, outdoor recreation facilities, indoor recreation rooms, or similar spaces. Shared outdoor space must be a minimum of 10 percent of the development site, except as follows:

(A) Up to 50 percent of the shared outdoor space standard may be met by providing additional private outdoor space, such as balconies, porches, and patios in addition to what is required in Subparagraph 18.650.060.F.2.a.

(B) A shared outdoor space credit of 50 percent may be granted when an apartment development is directly adjacent to an improved public park.

(C) Credit for up to 100 percent of the shared outdoor space standard may be met by paying a fee-in-lieu. The fee will fund parks or plazas within the downtown urban renewal district.

G. Additional requirements for rowhouses.

1. Garages and carports must be accessed from alleys, or otherwise recessed behind the front building elevation a distance of 7 feet or less or 18 feet or greater.

2. A minimum of 100 square feet of private outdoor space such as a private porch, yard, deck, balcony, patio, or other private outdoor space is required per dwelling unit.

(Ord. 17-22 §2; Ord. 17-25 §3; Ord. 18-23 §2; Ord. 19-09 §1; Ord. 20-01 §1; Ord. No. 24-05, 4/23/2024)

§ 18.650.090 Transportation Connectivity.

A. Purpose. The purpose of this section is to implement the City of Tigard 2035 Transportation System Plan, which describes a more complete system of streets and pathways to improve multi-modal access to, from, and within the plan district. The standards in this section are intended to execute connectivity improvement projects that will foster creation of smaller block sizes, efficient routes into and within downtown, and new streets to accommodate and encourage downtown development. The standards are also intended to solve some existing connectivity issues, such as access across railroad tracks.

B. Applicability. The connectivity standards in this section apply only to those properties with designated streets or alleys as shown on Figures 5-14A through 5-14I of the City of Tigard 2035 Transportation System Plan. Development on properties with designated streets or alleys is subject to the connectivity requirements below.

C. Required new street and alley connections. Required new street and alley connections must be provided as follows.

1. For new development and for major redevelopment valued at more than 60 percent of its total current value as assessed by the Washington County assessor, the applicant must comply with the following:

a. The applicant must dedicate the amount of right-of-way necessary to construct the required street or alley consistent with the designated street cross-section. As an alternative, the City Engineer may approve the dedication of a public easement in lieu of a portion of the public right-of-way in compliance with Subsection 18.910.030.C.

b. The applicant must construct the full street or alley improvements as shown in the designated street cross-section.

2. For all other developments, the applicant must comply with the following:

a. New buildings may not be located within the area identified as future street or alley alignment. Surface parking, landscaping, temporary structures, driveways, and similar types of development are allowed within the future alignment.

b. The property owner must sign a non-remonstrance agreement for formation of a future LID to pay for the identified street or alley improvement.

D. Required new pedestrian pathway. For new development and for major redevelopment valued at more than 60 percent of its total current value as assessed by the Washington County assessor that is within the area designated for required multi-use pathway, the applicant must provide multi-use pathway on public easements or rights-of-way through the block in a manner that ensures that connections through the block are provided at least every 330 feet. The required pathway must provide direct connection through the block and be subject to the requirements of Section 18.910.110.

E. Replacement of destroyed structures. Replacement of a pre-existing structure that is destroyed by fire, earthquake, or other natural disaster, is not considered a major redevelopment for the purposes of Subsections 18.650.060.C and D.

F. Improvement standards. All improvements required under this section must meet the standards of Chapter 18.910, Improvement Standards.

(Ord. 19-09 §1; Ord. 20-01 §1; Ord. No. 24-05, 4/23/2024)

§ 18.650.100 Specific Adjustments.

A. Adjustments to setbacks. Required setbacks may be reduced or increased up to 20% provided the change will result in one or more of the following:

1. Enhancements to the pedestrian environment along the proposed development's street frontage, including, but not limited to, the following:

a. Plaza development,

b. Tree preservation,

c. Pedestrian amenities in the public right-of-way, or

d. Pedestrian-oriented building facade design elements; or

2. The preservation of natural features for public use or benefit.

B. Adjustments for private or shared outdoor area. Private outdoor area and shared outdoor recreation areas requirements may be waived or reduced when one or more of the following are met:

1. The proposed use is permanent in nature and has a clear public benefit (for example, affordable or senior housing); or

2. The total square footage of private outdoor areas and shared outdoor recreation areas equals or exceeds the combined standard for both.

C. Adjustments to density and height. Qualified affordable housing developments are eligible for both density and height bonuses.

1. Definitions. For the purposes of this subsection, "affordable" means either:

a. Housing for rent where the rent and utility costs constitute no more than 30% of the gross annual household income for a family at 80% of the area median income, based on the most recent Housing and Urban Development (HUD) income limits for the Portland-Vancouver Metropolitan Statistical Area (MSA); or

b. Housing for sale where the mortgage, amortized interest, taxes, insurance, and condominium or association fees, if any, constitute no more than 30% of the gross annual household income for a family at 80% of the area median income, based on the most recent HUD incomes limits for the Portland-Vancouver MSA.

2. Approval criteria. To qualify for a density or height bonus, a development must meet the following:

a. The development meets the threshold for the requested bonus:

i. A height bonus of an additional 20 feet over the maximum height is allowed for any development where a minimum of 20% of the dwelling units are affordable.

ii. A density bonus is allowed for any development based on the criteria in Table 18.650.2.

b. The approval has been conditioned on the recording of deed restriction that prohibits the sale or rental of any affordable dwelling unit used to meet the standard of Paragraph 18.650.080.D.1, except as housing that meets that standard, for the life of the development.

Table 18.650.4 Density Bonuses
Affordable Dwelling Units Based on Maximum Density	Density Bonus
5%	5%
10%	10%
20%	20%
30%	30%
40%	40%
50%	50%

Map 18.650.A: Tigard Downtown Plan District Boundaries

Map 18.650.B: Tigard Downtown Plan District Sub-Areas

(Ord. 17-22 §2; Ord. 18-23 §2; Ord. 18-28 §1; Ord. 19-09 §1; Ord. 20-01 §1; Ord. 22-10 §2; Ord. No. 24-05, 4/23/2024)