Ordinance No. 79-73 CITY OF TIGARD, OREGON
ORDINANCE No. 79-_a
AN ORDINANCE AMENDING CHAPTER 18.57, TIGARD MUNICIPAL CODE RELATING TO GREENWAYS
AND FIXING AN EFFECTIVE DATE.
THE CITY OF TIGARD ORDAINS AS FOLLOWS:
SECTION 1: Chapter 18.57 of the Tigard Municipal Code is amended to read as follows:
CHAPTER 18.57
SENSITIVE LANDS
18.57.010 Statement of Intent: Sensitive lands are lands potentially
unsuitable for development because. of location within the 100 year floodplain,
within a natural drainageway, or on steep slopes. Sensitive land areas are designated
as such in order to give recognition to the need to protect the public health, safety
and welfare of the community through the regulation and control of lands within flood-
plains, drainageways, and steeply-sloping land areas, and to thereby mitigate potential
financial burdens arising from flood damage loss and to preserve natural drainageways
from encroaching uses which threaten to affect adversely the property rights of the
citizenry of the community, public safety, and the public health by natural conditbns
arising from upstream or downstream flood levels. City actions under this ordinance
will recognize the rights of riparian owners to be free to act on the part of the City,
its Commissions, representatives and agents, and landowners and occupiers.
The floodplain district has for its purpose the preservation of natural
water storage areas within the floodplain district by discouraging or prohibiting
incompatible uses.
18.57.020 Definitions: (a) In this chapter the following words and
phrases shall be construed to have the specific meanings assigned to them as
follows.
(:i) "Drainageways11 are defined as those areas which convey significant
seasonal concentrations of water over the surface of the land.
(2) "Excavation" means mechanical removal of earth material.
(3) "Fill" means any act by which earth, sand, gravel, rock or any
other similar material is deposited, placed, pulled or transported,
and includes the conditioas resulting therefrom.
(Y) "Flood" means a terprrary rise in straw flow or stage that results
in water overtopping stream banks and inundating land adjacent to
the normal flow of water through the stream channel.
ORDTNAiNCE No. 79-
(5) "Flood hazard" means a danger to property or health as the result
of inundation of the floodplain.
(6) "Floodplain" means the relatively flat area or lowlands adjoining
the channel of a river, stream, watercourse or other body of water
which has been or may be covered by floodwaters within the area of
applicability defined by the floodplain district.
(7) "Floodplain district" means those areas within the City of Tigard
inundated by the 100-year regulatory flood.
(8) "Grading" means any excavation or filling or combination thereof.
(9) "Greenway" means all lands within the 100 year floodplain of
Fanno Creek and the Tualatin River and the lands on either side f
of natural drainageways as designated by the park board and i
comprehensive plan for preservation.
(10) "Obstruction" means any dam, wall, embankment, levee, dike, pile, s
abutment, projection, excavation, channel modification, bridge,
conduit, culvert, building, gravel, refuse, fill, structure, matter
or things of a similar nature in, along, or across or projecting
into any channel, watercourse, or floodplain drainageway areas
which may impede, retard or change the direction of the flow of
water, either by itself or by catching or collecting debris carried
by such water, or that is placed where the flow of water might carry
the same downstream to the damage of health or property.
(12) "Regulatory flood" means the flood used to define the outer boundary
lines of the floodplain district. The maximum flood predicted to
occur within 100 years.
(12) "Steeply sloping lands" are portions of the ground surface which
have a slope of 12 percent (12%) or greater.
(13) "Structure" means constructed edifice, barrier or building of any
kind, or any artificial build-up or composition of physical parts
adjoined together.
18.57.030 Permitted uses: Except as provided by Section 18.57.040,
the following uses shall be permitted within sensitive lands:
(1) Greenways
(a) Community recreational uses such as bicycle and pedestrian
paths, archery ranges or unpaved athletic fields or parks.
(b) Public conservation areas for water, soil, open space,
forest or wildlife resources.
%c) Re'm'oval of poison oak, tansy ragwort, blackberry or any
other noxious vegetation.
(2) Floodplain District and Drainageways:
*: (a) Accessory uses such as lawns, gardens or unpaved play areas. k
(b) Agricultural uses conducted without locating a structure in
the floodplain district.
(c) 'Community recreational: uses such as bicycle and pedestrian j
Page 2 paths, archery ranges, or unpaved_athletic fields or parks.
msµ: ORDINANCE No. 779
�r
(c Public and private conservation areas for water, oil, open space,
l fores .or wildlife resources. {
(e) Remov of poison oak, tansy ragwort, lckberry or any other noxious
vegetation.
(3) Drainageways:
(a) Fences.
(b) Removal of poison oak, tansy ragwort, blackberry or any other
noxious vegetation.
(4) Steeply sloping lands:
(a) Low-intensity recreational uses such as bicycle and pedestrian
paths.
(b) Landscaping or gardens which provide substantial vegetative
cover.
(c) Public and private conservation areas for water, soil, open
space, forest or wildlife resources.
(d) Removal of poison oak, tansy ragwort, blackberry or any other
noxious vegetation.
(5) Except as explicity authorized by other provisions of this chapter,
all other uses are prohibited on sensitive lands.
(6) Modification by grading shall not alter the character of lands for
the purposes of this chapter. Lard which in its natural state lay
within the floodplain, or was steeply sloping shall continue to have
that legal character, though grading may have altered the surface
condition.
18.57.040 Uses and activities allowed with a Special Use Permit: The
following uses and activities are allowed only by Special Use Permit granted by the
Planning Commission and based on the standards set forth in. Section 18.57.060.
(1) Within drainageways/greenways & steeply sloping lands,
(a) Fill, grading, excavating.
(b) Structures.
(c) Off-street parking and maneuvering areas, accessways and service
drives located on the ground surface.
(d) Roadways, bridges or utility facilities.
(e) Removing any live vegetation other than poison oak, tansy
ragwort, blackberry or any other noxious vegetation.
(2) Within the floodplain/greenways only,
(a) Any temporary structure which by its nature cannot be readily
removed from the floodplain area during periods of flooding,
and which would impede or interfere with the flow of flood-
waters within the district,
(b) Any change in the topography or terrain which would change the
flow of waters during flooding periods, or which would increase
the flood hazard or alter the direction or velocity of the
floodwater flow.
18.57.050 Nonconforming uses: A use established prior to June 1, 1979,
which would be prohibited by this chapter or which would be subject to the limitations
and controls imposed by this chapter shall have nonconforming use status, and be
subject to the provisions of Chapter 18.68 of this Code. The benefits of non-conforming
use status shall not, however, be available to uses or conditions established or
created in violation of any statute, ordinance, or law in effect at the time of
establishment or creation.
Page 33
ORDINANCE No. 79- '
•
18.57.060 Special Use Permits: In accordance with the procedures and
requirements set forth inrh?pter lo.64 of this Code, an application for a Speciale
Use Permit" filed as by said dhapter stated may be approved or denied by the
Planning Commission following a public hearing.
All applications for "Special Use Permits" shall be supported by the
ollowing information to enable the Planning Commission to determine whether the
proposed use is located in the floodplain or drainageways district and if so, whether
the proposal, if approved, will conform to the purposes and guidelines as set forth
in this chapter.
A.- Floodplain: "
1) Plans drawn to scale, submitted in triplicate as prepared by i
a registered professional engineer with experience in hydraulic
and geohydrologic engineering and processes, showing the ;
nature, location, dimensions, elevations and topography of the
site; the location of existing and proposed structures located
upon the site, existing and proposed areas to be filled or
otherwise modified, and the relationship of these to the location
of the stream channel, and proposed methods for controlling
erosion.
2) Any documentation, photographs, water marks, and similar evidence .
offered in support of the claim that the site or area in question ,
lies above high water as defined by the regulatory flood.
B. Drainageways:
1) Plans drawn to scale, submitted in triplicate as prepared by a
registered professional engineer with experience in hydraulic
and hydrologic engineering and processes, showing the nature, .
location, dimensions, elevations and topography of the site;
the location of existing and proposed structures located upon
the site; existing and proposed fill or excavated areas, and
the relationship of these to the location of the stream, channel
(*f any), sud the proposed methods of controlling erosion.
C. .Steep slopes
1) Plans drawn to scale, submitted in triplicate as prepared by
a qualified registered professional engineer showing the
nature, location, dimensions, elevations, and topography of _ t,
the site; the location of existing and proposed structures '
located upon the site, existing and proposed,fill or excavated
areas and proposed methods of controlling erosion.
18.57.070 Standards `-
1) Application for a Special Use Permit in floodplain areas shall
be granted or denied in accordance with the following standar2
- Z,: ;:
Page 4
ORDINANCE No. 79-�� k
�3
. - F
(a) No structure, fill, excavation, storage or other use shall be
permitted which alone or in combination with existing or
proposed uses would reduce the capacity of the floodplain
area or raise either the flood surface elevation or flow rates,
or adversely affect flow direction on upstream or downstream
properties, or create a present or foreseeable hazard to public
health, safety and general welfare.
(b) The applicant must obtain the permii required by the State
of Oregon under ORS chapter 541 for removal or filling of
waterways, or demonstrate that the provisions of this statute
do not apply.
(2) Application for a Special Use Permit in a drainageway area shall
be granted or denied in accordance with the following standard:
(a) The proposed action must not adversely impact runoff, erosion,
ground stability, water quality, ground coater level, flow
rates or flooding.
(3) Application for a Special Use Permit in a steeply sloping land area
shall be granted or denied in accordance with the following
standard:
(a) Applicant must supply affirmative documentation that the
proposed action will not adversely impact runoff, erosion,
ground stability, water quality, groundwater level, or
flooding; and that the site can support the proposed modification
or structure as designed.
SEC . 2 This ordinance shall take effect on the 31st day following its passage
and signing.
PASSED: By the City Council by vote of all Council members present,
after being read two times by number and title only, this 27
day or , 1979.
City Recorder-City igard.
SIGNED: By the Mayor, this 22;r. day of
ay - gtd
Page S
ORDINANCE No. 79-