A. 
The purpose of this chapter is to implement the land use and transportation policy framework for the portion of the Washington Square Regional Center within Tigard's urban planning area. This chapter implements the goals and policies of the Tigard Comprehensive Plan and Metro's long-range growth management plan for the Portland metropolitan area, particularly those related to regional centers. It also advances the goals of the Department of Land Conservation and Development's Climate-Friendly and Equitable Communities program.
B. 
The standards and procedures in this chapter are designed to:
1. 
Facilitate a complementary mix of residential and nonresidential land uses that support a wide range of working, living, shopping, and travel options.
2. 
Foster urban-scale development at transit-supportive levels throughout the entire plan district, but particularly in the Design Review Subdistrict, to meet the needs of Tigard and the region in a carbon-responsible and climate-resilient manner.
3. 
Promote the development of safe, comfortable, and interesting public gathering spaces and active transportation facilities that support a walkable and vibrant urban environment.
4. 
Respect the needs of the community and the area's unique and diverse development patterns through the creation of three subdistricts.
a. 
Design review subdistrict. The purpose of this subdistrict is to facilitate the development of a highly urbanized mixed-use neighborhood that prioritizes the comfort and needs of people by utilizing pedestrian-scale design principles and providing a variety of inviting public spaces and high-quality active transportation facilities.
b. 
Apartment subdistrict. The purpose of this subdistrict is to facilitate the development of apartments at a variety of scales to the exclusion of all other housing types.
c. 
Metzger business subdistrict. The purpose of this subdistrict is to foster neighborhood-scale mixed-use development that reinforces the identity of this area as a local commercial hub.
(Ord. No. 24-05, 4/23/2024)
A. 
Applicability. The standards and procedures in this chapter apply to all property within the Washington Square Regional Center Plan District, with the following clarifications:
1. 
Property within the Residential-B (RES-B) zone or the Parks and Recreation (PR) zone is exempt from the provisions of this chapter, but not from the provisions of this title.
2. 
Property within the subdistricts shown on Map 18.670.A are subject to different or additional development standards, use restrictions, or review processes as provided in this chapter.
B. 
Boundary map. The plan district, base zones, subdistricts, and jurisdictional boundaries are shown on Map 18.670.A. These boundaries, except for the subdistricts, are also included on the Tigard Zoning Map.
C. 
Unincorporated Washington County. This chapter includes future zoning designations for unincorporated Washington County property within the plan district. The standards and procedures in this chapter, including the zoning designations shown on Map 18.670.A, will apply to these properties upon annexation to the City of Tigard.
Map 18.670.A
(Ord. No. 24-05, 4/23/2024; Ord. 25-01, 1/28/2025)
A. 
The standards and procedures in this chapter apply in addition to all other applicable provisions of this title, except that this chapter supersedes the standards in the following chapters:
1. 
Part 18.100, Base Zones; and
2. 
Part 18.300, Nonresidential Development Standards.
B. 
The standards and procedures in this chapter govern in the event of a conflict.
C. 
The standards and procedures in Tigard Municipal Code Chapter 15.16, Encroachment Permits, apply where any privately-owned structures or furnishings allowed by this chapter are proposed to encroach into the public right-of-way.
(Ord. No. 24-05, 4/23/2024)
A. 
Plan district review process. The following review processes apply to development in the plan district, except for development in the Design Review Subdistrict, which is subject to the approval processes provided in Section 18.670.040.B.
1. 
New nonresidential development or mixed-use development requires a site development review application as provided in Chapter 18.780, Site Development Reviews, except when a conditional use or planned development is required or proposed.
2. 
Residential development, except for mixed-use development, is subject to the review processes associated with the proposed housing type, as provided in Chapter 18.200, Residential Development Standards.
B. 
Design review subdistrict review process. The following review processes apply in the Design Review Subdistrict.
1. 
Residential development, except for mixed-use development, that complies with the additional standards provided in Subsection 18.670.090.B is subject to the review processes associated with the proposed housing type, as provided in Chapter 18.200, Residential Development Standards.
2. 
Mixed-use development that complies with all applicable standards provided in this chapter requires a site development review application as provided in Chapter 18.780, Site Development Reviews.
3. 
The following types of development require a development design review as provided in Chapter 18.725, Development Design Reviews:
a. 
Mixed-use development that does not comply with all the standards provided in this chapter;
b. 
Residential development that does not comply with the additional standards provided in Subsection 18.670.090.B; or
c. 
New nonresidential development or a major modification to nonresidential development.
C. 
Boundary amendments. Plan district or subdistrict boundary amendments are subject to the legislative process in Chapter 18.790, Text and Map Amendments.
(Ord. No. 24-05, 4/23/2024)
A. 
General provisions. A list of allowed, restricted, conditional, and prohibited uses is provided in Table 18.670.1.
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 Subsections 18.670.050.B-D. Use restrictions may be adjusted through an adjustment application as provided in Chapter 18.715, Adjustments, a development design review application as provided in Chapter 18.725, Development Design Reviews, or a planned development review application as provided in Chapter 18.770, Planned Developments.
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 and are not adjustable through an adjustment nor a development design review.
Table 18.670.1
Land Uses by Zone
Land Use Categories
MUC Zone
MUE Zone
MUR Zone
Residential Use Category
Residential Use
A
R
A
Civic Use Categories
Basic Utility
R/C
R/C
R/C
Cemetery
P
P
P
Detention Facility
P
P
P
Government Services
A
A
A
Railroad Yard
P
P
P
School or Religious Facility
C
C
C
Temporary Shelter
A
A
A
Transportation and Utility Corridor
A
A
A
Wireless Communications Facility
R
R
R
Commercial Use Categories
Adult Entertainment
P
P
P
Commercial Lodging
A
A
A
Indoor Sales and Services
R
R
R
Major Event Entertainment
C
P
P
Mobility Hub
R
R
R
Motor Vehicle Fuel Sales
P
A
P
Motor Vehicle Sales and Rental
R
R
P
Motor Vehicle Servicing
P
R
P
Non-Accessory Parking
R
R
P
Office
A
A
R
Outdoor Sales and Services
P
P
P
Self-Service Storage
P
P
P
Industrial Use Categories
Industrial and Manufacturing
R
R
P
Off-Site Services
P
R
P
Warehouse and Distribution
P
P
P
Waste-Related Facility
P
P
P
Wholesale and Equipment Rental
P
R
P
B. 
MUC Zone Use restrictions.
1. 
Basic Utility.
a. 
This use is conditionally allowed.
b. 
Data centers are conditionally allowed only on or above the second story of a mixed-use development.
2. 
Wireless Communications Facility. See Chapter 18.450, Wireless Communication Facilities, for allowed and restricted facilities.
3. 
Indoor Sales and Services.
a. 
The maximum gross floor area is 30,000 square feet per tenant for new buildings and additions. New tenants in the existing footprint of existing buildings are exempt from this restriction.
b. 
All inventory and materials, except parking, must be contained completely within a building.
c. 
Outdoor animal kennels are prohibited. All animal kennels associated with breeding, boarding, or sales must be contained completely within a building.
d. 
Uses with drive-through services are prohibited.
4. 
Mobility Hub. A maximum of ten car charging stations is allowed per hub.
5. 
Motor Vehicle Sales and Rental.
a. 
This use is prohibited outside the Design Review Subdistrict.
b. 
All sales and rental inventory, materials and equipment, and vehicle service areas must be contained completely inside a building, except for the existing Motor Vehicle Sales and Rental development located at the northwest corner of Highway 217 and Greenburg Road.
c. 
If the use includes accessory motor vehicle servicing activities,
i. 
Any adverse impacts from the proposed servicing activities are mitigated to the extent practicable, including, but not limited to, noise, odors, and vibrations;
ii. 
All customer vehicle drop-off areas associated with the proposed servicing activities are clearly identified and designed to prevent vehicle idling and queuing outside of a building; and
iii. 
The proposed servicing activities and associated driveways, accessways, drive aisles, and parking areas are located and designed to support pedestrian access, safety, and comfort.
6. 
Non-Accessory Parking. This use is allowed only as structured parking with at least two floors of parking.
7. 
Industrial and Manufacturing. All inventory and materials, except parking, must be contained completely within a building.
C. 
MUE Zone Use restrictions.
1. 
Residential Use.
a. 
Any combination of residential and nonresidential use proposed for the same site and not contained in a mixed-use development requires planned development review.
b. 
Allowed civic, allowed commercial, or restricted industrial uses must make up at least 30 percent of the gross floor area.
2. 
Basic Utility.
a. 
This use is conditionally allowed.
b. 
Data centers are conditionally allowed only on or above the second story of a mixed-use development.
3. 
Wireless Communications Facility. See Chapter 18.450, Wireless Communication Facilities, for allowed and restricted facilities.
4. 
Indoor Sales and Services.
a. 
The maximum gross floor area is 30,000 square feet per tenant.
b. 
All inventory and materials, except parking, must be contained completely within a building.
c. 
Outdoor animal kennels are prohibited. All animal kennels associated with breeding, boarding, or sales must be contained completely within a building.
d. 
Uses with drive-through services are prohibited.
5. 
Mobility Hub. A maximum of 10 car charging stations is allowed per hub.
6. 
Motor Vehicle Sales and Rental. All sales and rental inventory, materials and equipment, and vehicle service areas must be contained completely within a building or located behind a building such that inventory and service areas are not visible from Cascade Avenue.
7. 
Motor Vehicle Servicing. All activities and storage, including any vehicle inventory, must be contained completely within a building.
8. 
Non-Accessory Parking. This use is allowed only as structured parking with at least two floors of parking.
9. 
Industrial and Manufacturing. All inventory and materials, except parking, must be contained completely within a building.
10. 
Off-Site Services.
a. 
The maximum gross floor area is 20,000 square feet per tenant.
b. 
A maximum of 20 vehicles may be parked overnight on-site.
c. 
All inventory and materials, except parking, must be contained completely within a building.
11. 
Wholesale and Equipment Rental.
a. 
The maximum gross floor area is 20,000 square feet per tenant.
b. 
All inventory and materials, except parking, must be contained completely within a building.
D. 
MUR Zone Use restrictions.
1. 
Basic Utility.
a. 
This use is conditionally allowed.
b. 
Data centers are conditionally allowed only on or above the second story of a mixed-use development.
2. 
Wireless Communications Facility. See Chapter 18.450, Wireless Communication Facilities, for allowed and restricted facilities.
3. 
Indoor Sales and Services. This use is allowed only as part of a mixed-use development.
4. 
Office. This use is allowed only as part of a mixed-use development.
(Ord. No. 24-05, 4/23/2024)
A. 
A housing type is not a use category. It describes a type of development that can contain a Residential use.
B. 
A list of allowed, limited, and prohibited housing types is provided in Table 18.670.2. Terms and abbreviations used are defined 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 18.670.2.
D. 
All allowed housing types may be built on site or manufactured off site.
Table 18.670.2
Washington Square Regional Center Housing Types
Housing Types
Applicable Chapter
MUC
MUE
MUR
Accessory Dwelling Units
18.220
N
N
L
Apartments
18.230
L
N
Y
Cottage Clusters
18.240
N
N
L
Courtyard Units
18.250
N
N
L
Mobile Home Parks
18.260
N
N
N
Quads
18.270
N
N
L
Rowhouses
18.280
L
N
L
Small Form Residential
18.290
N
N
L
Mixed-Use Development
18.670
Y
Y
Y
Y = Yes, Allowed
L = Limited
N = No, Prohibited
E. 
Limited housing types in subdistricts.
1. 
Limited housing types in the MUC zone.
a. 
Rowhouses are allowed only in the Design Review Subdistrict.
b. 
Only mixed-use development is allowed in the Metzger Business Subdistrict. All other housing types are prohibited.
2. 
Limited housing types in the MUR zone. Only apartments and mixed-use development are allowed in the Apartment Subdistrict. All other housing types are prohibited.
(Ord. No. 24-05, 4/23/2024)
A. 
General provisions.
1. 
Site design standards for nonresidential and mixed-use development are provided in Table 18.670.3 and Subsections 18.670.070.B - G.
2. 
Residential development, except for mixed-use development, is subject to standards of the applicable housing type in Part 18.200, Residential Development Standards.
3. 
Development reviewed through a development design review application is not subject to these standards and is evaluated through the development design review process.
Table 18.670.3
Site Design Standards by Zone
Setback Standards
MUC Zone
MUE Zone
MUR Zone
Minimum Setback in Feet
- Front or street property line
1
1
1
- Side or rear adjacent to nonresidential or mixed-use zone
0
0
0
- Side or rear adjacent to a residential zone
0
15
20
Maximum Setback in Feet
- Front or street property line
12
12
20
Lot Coverage
No minimum or maximum lot coverage.
Landscape Area
No minimum or maximum landscape area.
Minimum Site Tree Canopy Coverage
The minimum site tree canopy standards are provided in Section 18.420.060.
Minimum Parking Lot Tree Canopy Coverage
The minimum parking lot tree canopy standards are provided in Subsection 18.410.030.M.
B. 
Setbacks.
1. 
Minimum and maximum building setbacks are met when at least 70 percent of the building facade is located within the required setbacks.
2. 
Existing development and proposals for attached additions are exempt from maximum building setback standards.
C. 
Landscaping and screening. Landscaping and screening standards are provided in Chapter 18.420, Landscaping and Screening. Landscaping and screening are required as follows:
1. 
The area between the building facade and the street property line must be landscaped to the L-2 standard.
2. 
Service areas and wall- and roof-mounted utilities must be screened to the S-1 standard. Service areas and utilities are also subject to the standards in Subsection 18.320.040.D.
3. 
Nonresidential development that abuts a residential zone must be screened to the S-3 standard along all property lines, except street property lines.
4. 
Surface vehicle parking areas, loading areas, drive aisles, and stacking lanes for drive-through services within 20 feet of a street property line must be screened to the S-4 standard. Screening must be provided directly adjacent to the street property line, except where access is taken.
D. 
Pedestrian access.
1. 
Paths are required and must provide safe and convenient pedestrian access from public sidewalks abutting the site to all required building entrances on the site.
2. 
A minimum of one path to a building or structure intended for public access is required for every 200 linear feet of street frontage.
3. 
Paths must provide safe and convenient pedestrian access within the site between all buildings, uses, and areas designed for use by pedestrians. Paths within parking areas or along drive aisles are subject to additional standards in Chapter 18.410, Off-Street Parking and Loading.
4. 
Paths must extend to the perimeter property line to provide access to existing or planned pedestrian facilities on adjacent properties, such as trails or public access easements.
5. 
Paths must be paved with a hard surface material and have a minimum unobstructed width of five feet.
E. 
Driveways. Driveway standards apply when introducing a new driveway to a development or when substantially redeveloping a site.
1. 
For each street frontage less than or equal to 300 feet in length, a maximum of one driveway per street frontage is allowed.
2. 
For each street frontage more than 300 feet in length, a maximum of one driveway per 200 feet of street frontage is allowed.
F. 
Utilities and service areas.
1. 
Private utility facilities, such as transformers or control valves, that serve a single development must be located below ground or a minimum of 20 feet from any street property line or any property line adjacent to a residential zone.
2. 
Service areas, such as waste and recycling containers, outdoor storage, and mechanical equipment, may not be located within 20 feet of any street property line or any property line adjacent to a residential zone, except where located inside a building.
G. 
Lighting.
1. 
Minimum illumination levels are measured horizontally at ground level.
a. 
The minimum average illumination is 1.5 footcandles for paths, except those within parking areas, which are subject to the lighting standards in Chapter 18.410, Off-Street Parking and Loading. All points of measurement must be a minimum of 0.5 footcandles.
b. 
The minimum average illumination is 3.5 footcandles for required building entrances and 2.0 footcandles for any non-required building entrances. All points of measurement must be a minimum of 1.0 footcandle.
2. 
Maximum illumination levels are measured vertically at the property line. The maximum illumination is 0.5 footcandles at side and rear property lines, except that the maximum illumination may be increased to 1.0 footcandle where the development abuts a commercial or industrial zone.
3. 
Lighting must be shielded, angled, or located such that it does not shine upwards or directly onto adjacent properties or sensitive lands.
(Ord. No. 24-05, 4/23/2024)
A. 
General provisions.
1. 
Building design standards for nonresidential and mixed-use development are provided in Subsections 18.670.080.B - H.
2. 
Residential development, except for mixed-use development, is subject to standards of the applicable housing type in Part 18.200, Residential Development Standards.
3. 
Development reviewed through a development design review application is not subject to these standards and is evaluated through the development design review process.
B. 
Building height.
1. 
The minimum and maximum height for each zone and subdistrict is provided in Table 18.670.4.
2. 
The facade facing a public or private street must include a first story with a minimum height of 12 feet and maximum height of 25 feet. Where the minimum height is 25 feet in Table 18.670.5, the building must provide a minimum of two stories.
Table 18.670.4
Height by Zone and Subdistrict
Zone or Location
Development or Use
Minimum Height (in feet)
Minimum Stories Required
Maximum Height (in feet)
MUE
Nonresidential
12
1
75
Mixed-Use
25
2
100
MUC Outside of a Subdistrict
Any
12
1
185
MUC in the Design Review Subdistrict
Any
12
1
185
MUC in the Metzger Business Subdistrict
Nonresidential
12
1
60
Mixed-Use
25
2
75
MUR Outside of a Subdistrict
Residential
12
1
60
Mixed-Use
25
2
60
MUR in the Apartment Subdistrict
Any
36
3
115
C. 
Entrances.
1. 
A minimum of one entrance per building, or tenant space within a building without internal building access, must be visible and accessible from a public street.
2. 
For every 200 linear feet of street frontage, a minimum of one path must be provided that connects an adjacent planned or existing sidewalk to a building entrance or structure intended for public access.
3. 
A required entrance must be within one foot above or below the grade of the adjacent sidewalk.
4. 
A required building entrance must be at an angle that is no more than 45 degrees from the street that it faces.
5. 
A required building entrance must be covered, recessed, or treated with a permanent architectural feature that provides weather protection for pedestrians. The required weather protection must be at least as wide as the entrance, a maximum of six feet above the top of the entrance, and a minimum of three feet in depth. The required weather protection may project into the minimum front setback.
D. 
Facade design. All facades that extend more than 50 feet fronting a public or private street and are located within 35 feet of the street-facing property line must provide at least one of the following features:
1. 
A change in surface or siding material, color, or pattern; or
2. 
A wall recession or projection that is a minimum of six feet in width and two feet in depth for the entire height of the facade.
E. 
Building projections.
1. 
Architectural elements such as eaves, cornices, and bay windows may project a maximum one foot into the minimum building setback as shown in Figure 18.670.1.
Figure 18.670.1 Building Projection Standards
2. 
Balconies may project into the minimum building setback and public right-of-way as shown in Figure 18.320.1. Balconies may project a maximum of four feet into the right-of-way. Balconies that project into the right-of-way must have a minimum vertical clearance of 10 feet from sidewalk grade and are subject to approval by the city engineer.
3. 
Weather protection elements, such as canopies or awnings, may project into the right-of-way a maximum of six feet or the minimum sidewalk width along the building frontage, whichever is less. Elements that project into the right-of-way must have a minimum vertical clearance of eight feet from sidewalk grade and are subject to approval by the city engineer.
F. 
Windows.
1. 
Windows are required on all street-facing facades located within 35 feet of the street property line and are subject to the window area standards in Table 18.670.5. Any portion of a street-facing facade that contains vehicle parking, such as a parking structure, does not have to provide windows but must provide facade openings that meet the minimum required window area in Table 18.670.5. If required facade openings contain glass, they must meet the standards in Paragraph 18.670.080.F.3 If required facade openings do not contain glass, they may contain architectural elements that are no more than 30 percent sight-obscuring.
2. 
Window area is the aggregate area of the glass within each window, including any interior grids, mullions, or transoms. Facade area is the aggregate area of each street-facing vertical wall plane.
3. 
Required windows must be clear glass and not mirrored, frosted, or reflective. Clear glass within doors may be counted toward meeting the window coverage standard.
Table 18.670.5
Minimum Window Area
Story
Use
Minimum Window Area
First Story
Nonresidential or Mixed-Use Building
50% of facade
Residential Building
30% of facade
Upper Stories
Nonresidential or Mixed-Use Building
30% of facade
Residential Building
20% of facade (not applicable to stories with sloped roofs or dormers)
G. 
Roofs. Roofs must have a minimum solar reflectance index of at least 64. Any roof area not meeting this standard must be constructed as an ecoroof, except where being used for mechanical equipment, stairwells, solar arrays, maintenance access, rooftop parking, rooftop decks, skylights, or mechanical equipment.
(Ord. No. 24-05, 4/23/2024)
A. 
Common space is required for all apartment or mixed-use developments as provided in Subsection 18.230.040.C.
B. 
Residential development or mixed-use development in the Design Review Subdistrict must meet the following standards. Development reviewed through a development design review application is not subject to these standards and is evaluated through the development design review process.
1. 
Common space must be provided and meet the standards Subsection 18.230.040.C.
2. 
Each dwelling unit must include private outdoor space that is directly accessible from the interior of the dwelling unit it serves. Each private outdoor space must be a minimum of 48 square feet in area and a minimum of five feet in width and depth.
3. 
A minimum of 20 percent of dwelling units must be regulated as affordable housing for households at 60 percent Area Median Income (AMI).
4. 
Mixed-use and residential buildings must be a minimum four stories.
(Ord. No. 24-05, 4/23/2024)
A. 
Minimum required transportation improvements are shown on Map 18.670.B Transportation Network Map.
B. 
Greenburg Road. The following street design standards apply to Greenburg Road between Tiedeman Avenue and Hall Boulevard.
Table 18.670.6
Street Elements and Widths
Segment
Location
Maximum ROW
(ft)
Required Elements
Segment A
Highway 217 to Washington Square Road (south)
109
Sidewalks, planting strips, separated bike lanes, and two travel lanes on both sides of the street; center turn lane; northbound left turn lane
Segment B
Washington Square Road (south) to Locust Street
103
Sidewalks, planting strips, separated bike lanes, and two travel lanes on both sides of the street; southbound left turn lane
Segment C
Locust Street to Washington Square Road (north)
74.5
Sidewalks, separated bike lanes, and one travel lane on both sides of the street; two-way center turn lane
Segment D
Washington Square Road (north) to Summit Drive
79
Sidewalks, planting strips, separated bike lanes, and one travel lane on both sides of the street; two-way center turn lane
Segment E
Summit Drive to Hall Boulevard
81.5
Sidewalks, separated bike lanes, and one travel lane on both sides of the street; two-way center turn lane; northbound right turn lane
C. 
Hall Boulevard. The following street design standards apply to Hall Boulevard between Highway 217 and Locust Street.
1. 
The maximum right-of-way width for this street is 75 feet. Additional right-of-way may be required at intersections as identified by the city engineer.
2. 
The cross section must include two travel lanes; a center turn lane; and bike facilities, pedestrian facilities, and planting strips on both sides of the street.
D. 
Oak Street. The following street design standards apply to Oak Street between Greenburg Road and Hall Boulevard.
1. 
The cross section for the north side of the street must be consistent with Table 18.910.1 for collector streets, except that on-street parking is allowed and no bike lane is required; and
2. 
The cross section for the south side of the street must be consistent with Table 18.910.1 for collector streets, except that on-street parking is allowed and a 12-foot-wide, grade-separated, multi-use path is required in lieu of a bike lane and sidewalk.
E. 
Fee in lieu of construction (FILOC). If improvements to public transportation facilities are required for development along Greenburg Road or Hall Boulevard, the applicant may request to pay a fee in lieu of constructing the required improvements. The provisions of this subsection do not allow the applicant to a pay a fee in lieu of dedicating any needed public right-of-way.
1. 
FILOC findings. If the city engineer determines that a fee in lieu of construction satisfies one of the criteria in Paragraph 18.670.100.D.1, the city will accept a fee upon the city engineer finding that deferring construction of required improvements will not result in any of the following.
a. 
Safety hazards as determined by the city engineer.
b. 
New and significant street drainage issues as determined by the city engineer.
If the city engineer cannot make such findings, then the city will not accept a fee and will require construction of the required improvements.
2. 
FILOC fees. If the city engineer determines that required improvements are eligible for FILOC, the applicant must pay the fee in lieu of constructing the required improvements unless the city determines that the fee is not roughly proportional to the number of new trips estimated to be generated by the proposed development. The city engineer will determine the fee based upon an estimate to construct the required improvements using the average cost of the most recent capital improvement project itemized bid prices. The applicant must pay the fee to the city prior to the issuance of any development permits.
a. 
If full transportation facility improvements have been assessed with previous development on the site and the proposed development has additional impacts, the city may only assess additional FILOC fees when there has been a change to the city's street design standards.
b. 
If partial transportation facility improvements have been assessed with previous development on the site and the proposed development has additional impacts, the city may assess additional FILOC fees for the balance of the improvements.
c. 
If the applicant pays a fee in lieu of constructing the required improvements and is issued a development permit by the city but does not develop as planned, the applicant may request a refund of the FILOC fee within three years of payment. Any refunds are subject to the approval of the city engineer.
3. 
FILOC program administration. Fees collected by the city will be used to construct public transportation facilities or to leverage additional grant money for larger transportation projects. An accounting of fees collected and expended will be made available by the city to the public on an annual basis at the end of the fiscal year. Expenditure of fees is subject to the following: Fees will be used for construction of public transportation facilities that benefit the development sites that paid the fees.
(Ord. No. 24-05, 4/23/2024)