Ordinance No. 91-04 CITY OF UGARD, OREGON
ORDINANCE NO. 91-OL-1
AN ORDINANCE AMENDING THE BUFFERING AND SCREENING STANDARDS
OF TITLE 18 OF THE TIGARD MUNCIPAL CODE
WHEREAS,Tigard Municipal Code,Chapter 18,100,"Landscaping and Screening,"provides
for regulations to reduce the impacts that result from adjacent zones and uses of different
types through the application of buffering and screening standards.
WHEREAS, in certain situationsle above buffering and screening standards have been
found to be lacking in mitigating`these adverse impacts.
WHEREAS,the Tigard City Council finds that amendments to Chapter 18.100 of the Tigard
Municip:l Code, identified as Exhibits "A" and 'B" are necessary to enhance community
11Vablllty by runner IeQUCing the impacts indL adjacent uses Vt wucrcut byYca uavc on vnc
another.
THE CITY OF TIGARD ORDAINS AS FOLLOWS:
ISECTION 1: Chapter 18.100 shall be amended as shown in Exhibits "A" and 'B".
i
SECTION 2: In Exhibit"A"added portions aremiderlined and deleted portions are shown
in [brackets].
SECTION 3: Exhibit'%"hereby referenced as the'Buffering and Screening Matrix,"Section
18.100.110, shall be adopted in its entirety to replace Section 18.100.130
,Buffer Matrix."
SECTION 4: This ordinance shat' be effective 30 days after its passage by the Council,
approval by the Mayor, and posting by the City Recorder.
c
PASSED: Byote of all Council members present after being read by
number and title only, this a �=" day of a,c ,1991
Catherinei Wheatley, City Recorder
y ,
_ APPROVED: This"x 11 _day of
f
erald R. Edwards, Mayor
roved as to rm- f
.. Date
RDINANCE NO. 91-UL rb/bufford.69
a
EXHIBIT A
PROPOSED AMENDMENTS TO THE TIGARD DEVELOPMENT CODE
CHAPTER 18,100
Landscaping and Screening
Sections 18.100.70 to 18,100.110
Pertaining to Buffering and Screening
Note: Underline represents proposed new language
[Brackets] represents language proposed to be deleted
118.100.070 Buffering, Screening (General) : Use Prohibited in
Buffer Areas]
18.100.070 BUFFERING AND SCREENING
18.100.080 General Provisions
It io ti@ 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. 83-52) .
Buffering and Screening is required to reduce the impacts on
adfacent uses which are of a different tvpe 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 wav, 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
-provided it affords the same degree of buffering and screening as
required-by this code
1$.100.090 Buffering/Screening Recruirements
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 [Section 18.100.110,
Buffer Matrix, ] the buffering
`and screenir_a matrix and
containing a length equal to the length of the _property
line of the abutting use or uses
B. A buffer area may on!,, be occupied lay 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.
C. A fence, hedge, or wall, or any combination of such
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elements which are located in any yard is subject to the
conditions and requirements of Section 18.100.80.
[D. 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.
83-52) .]
[18.100.080 Buffering/Screening Requirements]
D. The minimum improvements within a buffer area shall 1
consist of the following:
[All. At least one row of trees rw4 th a comlb"incation
of deciduus and evergreen trees] shall be
planted. Th,-v shall be not less than 10 feet
high for deciduous trees and five feet high
for evergreen trees at the time of planting
[and spaced as follows by size of tree.]
Spacing for trees shall be as follows:
Small or narrow stature trees, under 25
feet tall [and] or less than 16 feet wide
(branching] at maturity shall be spaced
no further than 15 feet apart. [; and]
[2. ] i 4Medium 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.
[31 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 shallbe planted for each
1000 sauare feet of required buffer area.
3 The remaining area shall be planted in dawn
groundcover, or spread with bark mulch
E. where sc ening is required the followincrstandards shall
app
ly in addiLion to those required for buttering:
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;
Drc�
2. An earthen berm planted with evergreen Dlant
materials shall be provided which will form a
continuous screen six feet in height within
two years. The unalanted portion of the berm
shall be planted in lawn ground coven or bark
uruscned, or•
3. A five foot or taller fence or wa11_ ahall 1-�
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 frim the
adjoining zone or use, the Dreac-ribed heights of .Leuuired
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 steer) 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.
[B] .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
compliance with other City regulations; and
3. Chain link fences with [or without] slats shall
qualify for screening. [only in conjunction with
evergreen plant materials at the same height or
taller than the fence. ] However - chainlink fences
without slats shall require she planting of a
continuous evergreen hedcre to be considered
screening.
[C. ]I.hedges.
1. An evergreen hedge or other dense evergreen
landscaping may satisfy a -regairer►ent for a sight
obscuring fence where requiredsubject to the
height requirement in Subsections 18.100.090.8.1
and 2;
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
3v No hed-e shall l l be .T...,..�.. �. - :_�-- ,
--.._w_ _,. .�� ,....... o ma-'ritainte�d at a height
greater than that permitted by these regulations
for a fence or wall in a -tsion clearance area as
set forth in Chapter 18.10t, (Ord. 89-06; Ord. 84-
71; Ord. 83-52)
18.100.100 Screening of Refuse Containers Reg_uired
Except for one and two family dwellings any refuse container
or refuse collection area which would be visible from a ublic
street, parking lot, residential or commercial area or any
public facility such as a school or park shall be screened or
enclosed from, -view by placement of a solid wood fence, masonry_
wall or evergreen hedge All refuse shall be contained within
the screened area.
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