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Ordinance No. 91-17 CITY OF TIGARD, ORFGON ORDINANCE NO. 91-J AN ORDINANCE SPECIFYING FORMAT CHANGES (FOR CODIFICATION OF LANGUAGE) OF THE PROVISIONS OF ORDINANCE NO. 91-04 AND REAFFIRMING THE MARCH 26, 1991, COUNCIL ACTION AMENDING THE BUFFERING AND SCREENING STANDARDS OF TITLE 18 OF THE TIGARD MUNICIPAL CODE WHEREAS, Ordinance No. 91-04 amended portions of. the Tigard Municipal Code Section 18.100 which applied to certain provisions specifying buffering and screening standards, and WHEREAS, the format of the language changes in Exhibit "A" of Ordinance 91-04 needs .revision in order to correctly codify said changes; and WHEREAS, Exhibit "B" of Ordinance 91-04 also needs revision in order to correct references to Sections 18.100.110 and 18.100.130; and WHEREAS, the Tigard City Council finds that amendments to Tigard Municipal Code Chapter 18.100,clear as leniE xhibits A and B are necessary Y setforth the technicalchanges adopted in Ordinance No. 91-04. i THE CITY OF TIGARD ORDAINS AS FOLLOWS: SECTION 1 : Chapter 18.100 shall be amended as shown in Exhibits "A", and ,•B,, attached. sFCTION 2 Exhibit "A" of Ordinance 91-04, entitled PROPOSED AMENDMENTS TO THE TIGARD DEVELOPMENT CODE, CHAPTER 18.100, is hereby repealed. SECTION 3 : Sections 18.100.070, 18'.100.080 and 18.100.110(D) (1) as shown in the attached Exhibit "A" are hereby added. SECTION 4 Exhibit "B" of Ordinance 91-04, entitled BUFFERING AND SCREENING MATRIX, Section 18.100.110" is hereby repealed. SECTION 5 : Figure 1 (Buffer Matrix) of Section 18.100.130 as shown in the attached Exhibit "B" is hereby added. SECTION 6 The changes, as outlined in Exhibit "A", and "B" represent changes to the format, but not the substance of the provisions of Ordinance No. 91-04. ORDINANCE No. 91 Page 1 ) SECTION 7-: The effective date of the technical provisions and requirements of Ordinance No. 91-04 shall remain as April 26, 1991. SECTION 8-: This ordinance, outlining format clarification changes to Ordinance No. 91-04, shall be effective 30 days after its passage by the Council, approval by the Mayor, and posting by the City Recorder. PASSED: By ,1 ! iii i l;r r a r vote of all Council members present after being read by number and title only, this day of 1991. f. C% Catherine Wheatley, Cit3p Recorder APPROVED: This day of v Geral R - arils, Mayor Approved as to form: C' y Attorney Date ord.cod { ORDINANCE No. 91- 1 Page 2 c. EXHIBIT 'W Page 1 PROPOSED AMENDMENTS TO THE TIGARD DEVELOPMENT CODE CHAPTER 18.130 Landscaping and Screening Sections 18.100.70 to 18.100.110 Pertaining to Buffering and Screening The following Sections 18.100.070,18.100.080 and 18.100.110(D) (1) are being added: 18.10 ).070 Buffering and Sere erinq - General Provisions It is the intent that these requirements shall provide for privacy and protection and reduce or eliminate the adverse impacts of visual or noise pollution at a development site, without unduly interfering with the view from neighboring properties or jeopardizing the safety of pedestrians and vehicles. (Ord. 89-06; Ord. 88-52) . Buffering and Screening is required to reduce the impacts on adjacent uses which are of a different type in accordance with the matrix in this chapter. The owner of each proposed development is responsible for the installation and effective maintenance of buffering and screening. When different uses would be abutting one another except for separation by a right of way, buffering, but not screening, shall be required as specified in the matrix. In lieu of these standards, a detailed buffer area landscaping and screening plan may be submitted for the Director's approval as an alternative to the buffer area landscaping and screening, standards ;.�cr3 it affords t;a same d gree of buffering and screening as required by this, code. 18.100.080 Buffering/Screening Reauirements A. A buffer consists of an area within a_ required interior setback adjacent to a property line and having a depth equal to the amount specified in the buffering and screening matrix and containing a length equal to the length of the property line of the abutting use or uses. B. A buffer area may only be occupied by utilities, screening, sidewalks and bikeways, and landscaping. No buildings, accessways, or parking areas shall be allowed in a buffer area except where an accessway has been approved by the City. ORDINANCE No. 91- Page 3 r. EXHiEIT"A" Page 2 C. A fence, hedge, or wall, or any combination of such elements which are located in any yard is subject to the conditions and requirements of Section 18.100.80. D. The minimum improvements within a buffer area shall consist of the following: 1. At least one row of trees shall be planted. They shall be not less than 10 feet high for decliduous trees and five feet high for evergreen trees at the time of planting. Spacing for trees shall be as follows: i. Small or narrow stature trees, under 25 feet tall or less than 16 feet wide at maturity shall be spaced no further than 15 feet apart; ii. Medium sized trees between 25 feet to 40 feet tall and with 16 feet to 35 feet wide branching at maturity shall be spaced no greater than 30 feet apart. iii. Large trees, over 40 feet tall and with more than 35 feet wide branching at maturity, shall be spaced no greater than 30 feet apart. 2. In addition, at least 10 five gallon shrubs or 20 one gallon shrubs shall be planted for each 1000 square feet of required buffer area. 3. The remaining area shall be planted in dawn, groundcover, or spread with bark mulch. E. Where screening is required the following standards shall apply in addition to those- required for buffering: 1. A hedge of narrow or broadleaf evergreen shrubs shall be planted which will form a four 'foot continuous screen within ,two years of planting, or; 2. An earthen berm planted with evergreen plant materials shall be provided which will form a continuous screen six feet in height within two years. The unplanted portion of the berm shall be planted in lawn, ground cover or bark mulched, or; ORDINANCE No. 91 Page 4 E i 2 EXHIBIT "A Page 3 3. A five foot or taller fence or wall shall be constructed to provide a continuous sight obscuring screen. F. Buffering and Screening provisions shall be superseded by the vision clearance requirements as set forth in Chapter 18.102. G. When the use to be screened is downhill from the adjoining zone or use, the prescribed heights of required fences, walls, or landscape screening shall be measured from the actual grade of the adjoining property. In this case, fences and walls may exceed the permitted six foot height at the discretion of the director as a condition of approval. When the grades are so steep so as to make the installation of walls, fences or landscaping to the required height impractical, a detailed landscape/screening plan shall be submitted for approval. H. Fences, and Walls. 1. Fences and walls shall be constructed of any materials commonly used in the construction of fences and walls such as wood or brick, or otherwise acceptable by the Director; 2. Such fence or wall construction shall be in nmm�l 7 anrn f^Ti tb +.1Ler _ , t ...t_...M__... asv�.aac�. 1..11.1% r.::gulCl l..1lJAS.j and 3. Chain link fences with slats shall qualify for screening. However, chainlink fences without slats shall require the planting of a continuous evergreen hedge to be considered screening. I. Hedges. 1. An evergreen hedge or other dense evergreen landscaping may satisfy a requirement for a sight obscuring fence where required subject to the height requirement in Subsections 18.100.090.B.1 and 2; 1 ORDINANCE No. 91= Page 5 s 1 EXHIBIT "A" Page 4 2. Such hedge or other dense landscaping shall be properly maintained and shall be replaced with another hedge, other dense evergreen landscaping, or a fence or wall when it ceases to serve the purpose of obscuring view; and 3. No hedge shall be grown or maintained at a height greater than that permitted by these regulations for a fence or wall in a vision clearance area as set forth in Chapter 18.102. (Ord. 89-06; Ord. 84-71; Ord. 83-52) 18,. 00.110 Screening: Special Provisions. D. Screening of Refuse Containers Required 1. Except for one and two family dwellings, any refuse container or refuse collection area which would be visible from a public street, parking lot, residential or commercial area, or any public facility such as a school or nark shall be screened or enclosed from view by placement of a solid wood fence, masonry wall or evergreen hedge. 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