The purpose of this chapter is to provide an appropriate and efficient review process for granting relief from the specific requirements of this title to allow reasonable development or restricted uses or prevent undue hardship. Adjustments are intended to provide limited flexibility for development to address the requirements of this title through alternative or innovative means.
(Ord. 18-28 §1; Ord. No. 24-05, 4/23/2024)
A. 
Applicability. This chapter applies to all proposals to adjust an existing requirement of this title. All requirements, such as development or design standards, may be adjusted except as provided in Subsection 18.715.020.B or where specifically provided for elsewhere in this title, such as in Chapter 18.660, Tigard Triangle Plan District.
B. 
Prohibited adjustments. Adjustments are prohibited in the following situations:
1. 
To allow a primary or accessory use that is prohibited;
2. 
To change or eliminate a regulation that contains an express prohibition;
3. 
To change or eliminate a threshold for a review;
4. 
To change or eliminate any part of an approval process, including approval periods;
5. 
To change a definition, a method of measurement, or the description of a use category;
6. 
To change or eliminate any regulations in Chapter 18.510, Sensitive Lands; or
7. 
To change the required density for a housing type in a residential zone.
(Ord. 18-28 §1; Ord. No. 24-05, 4/23/2024)
A. 
An applicant may seek relief from the specific requirements of this title through one of three types of adjustments. An applicant may either demonstrate that a proposed adjustment meets the criteria for adjustments to development standards or use restrictions; or that a hardship exists and a proposed adjustment is necessary to not preclude all reasonable economic use of the property.
B. 
Some plan districts contain specific adjustment processes and approval criteria, which are evaluated separately from this chapter, as provided in Chapter 18.650, Tigard Downtown Plan District, and Chapter 18.660, Tigard Triangle Plan District.
C. 
Multiple adjustment proposals will be processed concurrently.
(Ord. 18-28 §1; Ord. No. 24-05, 4/23/2024)
An adjustment application is processed through a Type II procedure as provided in Section 18.710.060.
(Ord. 18-28 §1; Ord. 19-09 §1; Ord. 20-01 §1)
The approval authority will approve or approve with conditions an adjustment application when all of the criteria in Subsection 18.715.050.A, B, or C are met.
A. 
Criteria for adjustments to development standards.
1. 
The proposed adjustment results in development that is generally consistent with the purpose of the development standard to be adjusted and meets one of the following:
a. 
Has only minor impacts on surrounding properties or public facilities,
b. 
Addresses a site constraint or unusual situation, or
c. 
Utilizes innovative design or results in sustainable development;
2. 
The proposed adjustment does not have a greater impact on city-designated sensitive lands than would otherwise occur if the adjustment was not approved;
3. 
If the proposed adjustment addresses a site constraint or unusual situation, utilizes innovative design, or results in sustainable development, any impacts from the proposed adjustment are mitigated to the extent practicable; and
4. 
If more than one adjustment is proposed, the cumulative effect of all the adjustments results in development that has only minor impacts on surrounding properties or public facilities.
B. 
Criteria for adjustments to use restrictions.
1. 
The proposed adjustment is generally consistent with the purpose of the base zone where the restricted use is located;
2. 
The proposal includes public benefits. Public benefits may include, but are not limited to, the following:
a. 
Energy Trust Path to Net Zero certification, as demonstrated by an approved EUI number.
b. 
On-site generation and storage of renewable power.
c. 
Off-site improvements to active transportation facilities.
d. 
Other similar item as determined by the director;
3. 
Any impacts resulting from the adjustment are mitigated to the maximum extent practicable;
4. 
The proposed adjustment does not have a greater impact on city-designated sensitive lands than would otherwise occur if the adjustment was not approved; and
5. 
If more than one adjustment is proposed, the cumulative effect of all the adjustments and associated mitigations results in development and activity that has only minor impacts on surrounding properties or public facilities.
C. 
Criteria for demonstrating hardship.
1. 
Application of the development standard proposed for adjustment would preclude all reasonable economic use of the property;
2. 
The need for the proposed adjustment is the result of conditions or circumstances outside the control of the applicant or property owner;
3. 
The proposed adjustment results in development that equally or better meets the purpose of the development standard to be modified; and
4. 
Any impacts from the proposed adjustment are mitigated to the extent practicable.
(Ord. 18-28 §1; Ord. 20-01 §1; Ord. No. 24-05, 4/23/2024)