In addition to the development standards specified for each zoning district, there are many standards that apply in more than one zoning district. The following Sections specify development standards applicable within any zoning district in the City of Tangent.
SECTION 5.020 PLAN CONFORMANCE
All developments within the City shall conform to any approved Planned Development, PD Overlay adopted by the City. Developments located within an area that has an approved Planned Development shall comply with the design and construction standards of the Planned Development in addition to those contained in this Code. In cases of conflict, the approved Planned Development standards shall govern.
SECTION 5.110 HEIGHT STANDARDS
Building height standards are specified in Item (4) of each Zoning District.
SECTION 5.111 BUILDING HEIGHT EXCEPTIONS
Vertical projections such as chimneys, spires, domes, elevator shaft housings, towers aerials, flagpoles, and similar objects not used for human occupancy may exceed the building height limitations of this Code by no more than ten (10) feet unless approved by the Planning Commission as a Variance.
SECTION 5.112 BUILDING PROJECTION EXCEPTIONS
Architectural features such as cornices, eaves, canopies, sunshades, gutters, chimneys and flues shall not project more than 30 inches into a required yard unless approved by the Planning Commission as a Variance.
SECTION 5.113 LOT SIZE
Lot size standards are specified in Item (4) of each Zoning District.
SECTION 5.114 LOT SIZE EXCEPTIONS
If a lot, as recorded in the office of the County Assessor at the time of passage of this Code, has an area or dimension that does not comply with the lot size requirements of the district in which the property is located, the property may be occupied by a use permitted in the district subject to the other requirements of the district. If there is an area deficiency, residential use shall be limited to a single-family dwelling or to the number of dwelling units consistent with the lot area per dwelling unit requirement of the zoning district.
SECTION 5.115 YARD SETBACKS
Yard setback standards are specified in Item (4) of each Zoning District.
SECTION 5.116 YARD SETBACK EXCEPTIONS
(1) No building shall be erected on a lot that abuts a street having only a portion of the right-of-way (ROW) required by the City’s Transportation System Plan (TTSP) dedicated, unless, the yard setbacks are increased to accommodate the required ROW plus the required yard setback.
(2) The Planning Commission may require additional setbacks, street right-of-way dedications and street improvements for development projects that are submitted for review and approval as a Planned Development, Site Plan Review, Conditional Use or Variance.(3) The Planning Commission may reduce the required yard setbacks for special and unusual site conditions in conformance with Section 2.600, Variances where compliance with the setback provisions of this Code would create an undue or unnecessary hardship.(4) Commercial & Industrial Setbacks. In commercial or industrial districts where an interior yard is not required and a structure is not located at the property line, it shall be set back at least five (5.) feet from the property line to accommodate access to the building.
(5) Automobile Service Station Setbacks. In a district where automobile service stations are permitted, freestanding gasoline pumps and pump stands may occupy a required exterior yard, provided they are a minimum of 15 feet from the property line.
(6) Solar Access. It is necessary and desirable that every building and use have a right to adequate air, light and access to solar energy.
(a) The City may require additional setbacks to protect access to solar energy for non-residential buildings requiring a Site Plan Review or Conditional Use.
(b) This shall apply only in the zones where it is not permitted to build directly up to the property line.
(c) No obstruction by one building to another shall occur where the height of the new building will obstruct an existing building from solar exposure on the opposite side of a property line. This condition does not apply to buildings constructed on the same property.
SECTION 5.117 DRAINAGEWAY SETBACKS
(1) All fish-bearing streams and all year-round flowing streams shall have a minimum setback of 50 feet from the top of each bank. Additional setbacks may be required for riparian areas, wetlands and floodplains as identified in the Tangent Local Wetlands and Riparian Area Inventory. Building permit applications and land use applications to the City shall clearly indicate the boundary limits for riparian areas, wetlands and floodplains. Alteration of these areas, other than for continuation of agricultural use, by grading or placement of structures or impervious surfaces is prohibited unless approved by the City in accordance with the procedures of city ordinances and state law.(2) All other intermittent drainageways and watercourses shall have a minimum setback that includes the vegetative fringe or a minimum 15 feet from the center of the drainageway whichever is greater. Additional setbacks are required for riparian areas, wetlands and floodplains as identified in the Tangent Local Wetlands and Riparian Area Inventory and Section 5.118 and Section 5.126, Storm Drainage, Item (2) of this Code.
SECTION 5.118 PONDS, WETLANDS & RIPARIAN AREAS
The Tangent Local Wetlands and Riparian Area Inventory is the City’s official Local Wetlands Inventory (LWI ). Compliance with the standards contained therein is required by this Code.
Wetlands are defined as those areas that are inundated or saturated often enough to support a prevalence of vegetation adapted for life in standing water or saturated soil.
( Hydric Soils ). Wetlands include swamps, bogs, marshes and similar areas.
Riparian Areas are defined as the area immediately adjacent to surface water such as rivers, streams, ponds, lakes, wetlands and springs consisting of transition areas between aquatic ecosystem to terrestrial ecosystems.
Ponds are defined as a confined body of water in which water stands in a closed depression that is smaller than a lake.
(1) Regulation. Development within wetlands is prohibited unless replacement or enhancement mitigation is accepted by the regulatory agencies. The Oregon Department of State Lands (DSL) is the coordinating agency for wetland permits. The US Army Corp of Engineers (Corps) is the federal regulatory agency administering Section 404 of the National Clean Waters Act. There are also other state and federal coordinating agencies, including DLCD.
(2) Notice. ORS 227.350 specifies that cities shall provide notice of proposed wetlands development to the DSL.
The city shall provide notice to the DSL, the applicant and the owner of record, within 5 working days of the acceptance of any complete application for the following activities that are wholly or partially within areas identified as wetlands on the Tangent Local Wetland and Riparian Area Inventory.
(a) Subdivisions;
(b) Building permits for new structures;
(c) Other development permits and approvals that allow physical alteration to the land involving excavation and grading, including permits for removal or fill, or both, or development in floodplains and floodways;
(d) Conditional use permits and variances that involve physical alterations to the land or construction of new structures; and
(e) Planned unit development approvals.
(3) The provisions of Subsection (2) of this Section do not apply if a permit from the DSL has been issued for the proposed activity.
(4) Approval of any activity described in Sub-section (2) above shall include one of the following notice statements:
(a) Issuance of a permit under ORS 196.600 to 196.905 by DSL is required for the project before any physical alteration takes place within the wetlands;
(b) Notice from DSL that no permit is required; or
(c) Notice from the DSL that no permit is required until specific proposals to remove, fill or alter the wetlands are submitted.
(5) If DSL fails to respond to any notice provided under Subsection (2) of this section within 30 days of notice, the City approval may be issued with written notice to the applicant and the owner of record that the proposed action may require state or federal permits.
(6) The City may issue local approval for parcels identified as or including wetlands on the State-wide Wetlands Inventory upon providing to the applicant and the owner of record of the affected parcel a written notice of the possible presence of wetlands and the potential need for state and federal permits and providing DSL with a copy of the notification of comprehensive plan map or zoning map amendments for specific properties.
(7) Notice of activities authorized within an approved wetland conservation plan shall be provided to the division within five days following local approval.
(8) Failure by the City to provide notice as required in this section will not invalidate City approval.
(9) Development Standards. No development shall be permitted within designated wetlands unless a permit has been acquired from DSL and all other regulatory agencies having jurisdiction.
SECTION 5.119 POND & WETLAND CONSTRUCTION
(1) Purpose. To Protect the City’s groundwater from contamination the following measures are required to guide the construction of ponds and the restoration, enhancement and creation of wetlands. Modifications to existing ponds and jurisdictional wetlands shall qualify as a ponds and wetlands construction project and shall comply with the Conditional Use provisions of Article 2.500.
(2) Conditional Use Application for Ponds & Wetlands Construction. For consideration of a pond or wetland project construction request, the Applicant shall provide the City with a completed Conditional Use Application, accompanied by the following information:
(a) Drawings.
1. A Vicinity map showing the location of the subject property in relation to the Tangent City Limits.
2. A site plan showing the entire subject property and the proposed basin, with distances to property lines, wells, septic systems, including repair areas, structures, roads, driveways, and other physical features. The plan shall also indicate uses of all adjoining properties.
3. The type and function of the proposed constructed pond or wetland project.
4. Dimensions, including but not limited to length, width, depth(s), volume and configuration of the proposed basin.
5. The source of water supply for the proposed constructed pond or wetland project.
6. Soil types mapped for the entire subject property available from the USDA Natural Resources Conservation Service or from the City. Hydric soils, as defined by DSL, shall be highlighted or otherwise accented on the plans. A map and list of hydric soils in the Tangent Urban Growth Boundary is available at the Tangent City Hall.
7. Existing vegetation and vegetation proposed to be cleared or otherwise removed, maintained, and/or introduced, including timing or phasing of plantings. Species that are native to the area in which the subject property is located shall be indicated. Wherever possible re-vegetation proposals shall be generally compatible with native species occurring at the site. Vegetation plans may depend largely upon the type and intended purpose of the pond or wetland construction project.
8. Well locations, abandoned or operational, within the all of the contiguous property under the same ownership and the abutting properties. Well log reports, if existing, shall be provided for each well. Landowners and applicants shall comply with all WRD requirements applicable to wells.
(b) Descriptive Narrative. Provide a descriptive narrative describing the following:
1. Project type and intent;
2. Identification of all local, state and federal agencies requiring permits and the status of those permit applications;
3. Proposed materials and design of the basin’s bottom surface;
4. Information about the permeability of soils.
5. Source of water for the project;
6. Practices intended to ensure levels of water adequate to meet the design criteria throughout the year;
7. A detailed explanation of plant species to be maintained or introduced. The proposed placement of seedlings, and the planned removal of any existing vegetation.
8. Phasing or timing of any excavation, impoundment, stream diversion, construction, removal or introduction of vegetation, or other activities associated with the project, and an estimate of the time of completion of the project;
9. The narrative may also include a discussion of the objectives of the project and any other pertinent information not otherwise provided for in the application.
10. Any additional details or materials requested by the City that are deemed necessary to facilitate a thorough review and evaluation of the Conditional Use Application.
(c) Agency Coordination. The Applicant shall submit the following agency coordination information to the City for the Record File.
1. The applicant is required to demonstrate coordination with all local, state and federal agencies participating in the proposed project. This testimony may be in the form of copies of the permits or correspondence on official letterhead from the applicable agencies indicating the necessary permits are pending. Approval is contingent upon approval and permitting by the participating local, state or federal regulating agencies.
2. Agencies which the applicant is responsible for contacting regarding a proposed ponds or wetlands construction project are: the Oregon Division of State Lands (DSL), the Oregon Department of Water Resources (WRD); the Oregon Department of Fish and Wildlife (ODFW), and the U.S. Army Corps of Engineers (ACOE and the U.S. Department of Agriculture, Agricultural Stabilization & Conservation Service for construction on farmlands and any other agency having authority.
3. No modification of an approved plan is permitted without acceptance of the revised plan by all participating agencies.
4. If approved, construction of the project shall minimize impacts upon existing and natural conditions.
(3) The Planning Commission may approve or deny an application to construct ponds or wetlands. Consistent with the provisions of Section 2.500 the Planning Commission may also attach Conditions of Approval to ensure compatibility with surrounding natural systems and land uses and which are determined by the City to be in the public interest.
SECTION 5.120 PARKING
The Tangent Public Works Design Standards (TPWDS) is the City’s official public works standards for all public construction. The TPWDS shall be adopted by Resolution and compliance with the standards contained therein is required by this Code. For each new structure or use, each structure or use increased in area and each change in the use of an existing structure there shall be provided and maintained off-street parking areas in conformance with the provisions of this section.
(1) Design and Improvement Requirements for Parking Lots:
(a) All parking areas and driveway approaches shall be paved in accordance with the TPWDS unless gravel is approved by the Planning Commission as a temporary use to facilitate drainage through the Conditional Use or Variance procedures of this Code. Permitted graveled areas are a temporary use and shall be paved in accordance with the TPWDS when requested by the City.(b) Service drives and parking spaces on surfaced parking lots shall be clearly and permanently marked. Handicapped Parking must comply with the Oregon Structural Specialty Code.(c) Off-street parking areas for other than single-family and two-family dwellings shall be served by a service driveway and turnaround so that no backing movements or other maneuvering shall occur within a street other than an alley. Design for parking lots shall conform to the Off-street Parking Diagrams contained in the TPWDS.(d) A Parking space dimensions shall conform to the Off-street Parking Diagrams contained in the TPWDS.(e) The outer boundary and all landscaped islands of a parking area shall be contained by a 6" high curb for protection of landscaping, pedestrian walkways and to contain rainwater runoff. No motor vehicle shall project over the property line.(f) All parking areas, except those in conjunction with a single family or two-family dwelling, shall have adequate drainage to dispose of the run-off generated by the impervious surface area of the parking area. On-site collection of drainage water shall not allow sheet flow of water onto sidewalks, public right-of-ways or abutting property and shall detain out-flow velocities to that of undeveloped land. All drainage systems shall conform to the standards contained in the TPWDS and shall be approved by the City as part of the review and approval process for Planned Developments, Site Plan Reviews, Conditional Uses and Variances and shall be approved for all Building Permits.(g) Service driveways to off-street parking areas shall not be designed and constructed to impede the flow of traffic, limit safety of traffic access and egress, and limit safety of pedestrian and vehicular traffic on the site. The number of service driveways shall not exceed the minimum that will allow the property to accommodate and service the traffic anticipated.(h) All off-street parking areas within or abutting residential districts or uses shall be provided with a sight-obscuring fence, wall or hedge as approved by the City to minimize disturbances to adjacent residents pursuant to Section 5.134 (9) (a) 1..
(2) Requiredoff-street parking shall be provided on the development site unless a Variance is approved by the City pursuant to Section 2.600.
(3) Required parking spaces shall be available for the parking of operable motor vehicles for residents, customers, patrons and employees only and shall not be used for storage of vehicles, trucks, or materials used in the business, or for repair or servicing.
(4) Provisions for and maintenance of off-street parking spaces are continuing obligations of the property owner. No building permit or other approvals shall be issued until plans are presented that show the complete parking layout. The subsequent use of property for which approval is granted shall be conditional upon the unqualified continuance and availability of the amount of parking space required by this Code.
(5) Should the owner or occupant of a lot or building change the use of the property to a use that increases the off-street parking requirements, it shall be unlawful and a violation of this Code to begin or to maintain such altered use until the required increase in off-street parking is provided.
(6) In the event several uses occupy a single structure or property, the total requirements for off-street parking shall be the sum of the requirements of the several uses computed separately unless a Variance is approved by the City pursuant to Section 2.600.
(7) Owners of two or more uses, structures or properties may agree to use the same parking spaces jointly provided the off-street parking is the sum of the requirements of the several uses. If the hours of operation do not overlap, the parking requirement shall be for the largest number of required parking spaces. An agreement shall be submitted and approved by the Planning Commission as a Conditional Use or Variance for the cooperative use of the parking facilities.
(8) A plan, drawn to scale, indicating how the off-street parking requirements are to be fulfilled, shall accompany all requests for Cityapproval or a Building Permit.
(9) Parking lots shall be provided with landscaping as provided in Section 5.134 and other suitable devices in order to divide the parking lot into sub-units to provide for pedestrian safety, traffic control, and to improve the appearance of the parking lot.
(10) Off-street parking shall be sufficient to accommodate the needs of the on-site use and shall not be less than the off-street parking requirements specified in Section 5.121. Fractional space requirements shall be counted as a whole space. When square feet are utilized to determine the required parking spaces, the area measured shall be the gross floor area of the building primary to the use but shall exclude any area within a building used for off-street parking, loading, or service functions not primary to the use. When the requirements are based on the number of employees, the number counted shall be those working on the premises during the largest shift at peak season.
(a) One and two family 1-4 Bedrooms - 2 spaces dwelling 5+ Bedrooms – 3 spaces(b) Multiple family Studio 1 space/unit dwelling 1-2 Bedrooms 1 space/unit 3+ Bedrooms 2 space/unit Plus 1 space per six units for guests(c) Rooming or boarding house Spaces equal to 80% of the number of guest accommodations plus 1 space per staff person(d) Home Occupation I space per 500 sf of occupational space plus the residential requirement(e) Hotel, Motel, Inn 1 space per guest room plus 1 space per staff person
(2) Institutional
(a) Convalescent hospital, 1 space per two beds for patients or nursing home, sanitarium residents plus 1 space per employee rest home, home for the aged
Use Space Requirement
(3) Public Assembly(a) Church 1 space per four seats or eight feet of bench length, or one space for each 36 sf of floor area of main auditorium not containing fixed seats(b) Library, reading room 1 space per 400 sf of floor area plus one space per two employees(c) Pre-school nursery, 2 spaces per teacher kindergarten(d) Elementary, Junior 2 spaces per classroom plus 1 space High or High School per administrative employee
(e) Other public assembly or 1 space per six seats or eight feet meeting rooms of bench length, or one space for each 36 sf of floor area for assembly room not containing fixed seats(4) Commercial(a) Retail store or Shopping 1 space per 200 sf of floor Centers area designated for retail sales(b) Service or repair shops 1 space per 400 sf of floor area equipment rental, retail stores handling bulky merchandise such as automobiles, furniture or nursery(c) Banks and Offices 1 space per 300 sf of floor area(d) Medical and dental 1 space per 200 sf of floor clinic area plus one space per employee(e) Eating, drinking or indoor 1 space per 100 sf. of floor recreational establishment area(5) Industrial(a) Manufacturing, fabrication 1 space per employee plus 1 processing, assembly space per 300 sf of office or public area(b) Warehouses, mini-storage, 1 space per employee plus one rail or trucking freight terminal space per 300 sf of office or public area (c) Wholesale sales and 1 space per employee plus one distribution space per 300 sf of office or public areaUse Space Requirement
(7) Parking Requirement Required off-street parking shall be that needed to support the on-site uses including the public and employees regardless of the standards specified herein. (6) Unspecified Uses Any use not specifically listed
in this section shall have a parking
requirement determined by the
City, based on the parking space
requirements for comparable uses.SECTION 5.122 TRANSPORTATION STANDARDSThe City of Tangent has adopted the Tangent Transportation System Plan (TTSP) and the Tangent Public Works Design Standards (TPWDS). Compliance with the standards contained therein is required by this Code.
(1) General Provisions
(a) The following provisions shall apply to the dedication, construction, improvement or other development of public right-of-ways in the City of Tangent. All public improvements shall be designed in conformance with the specific requirements of the City’s most current TPWDS.
(b) Development proposals shall provide for the continuation of existing and proposed streets, bikeways and pedestrian facilities located outside the development, to maintain the continuity of traffic circulation for all modes of travel in the City.
(c) The Tangent Comprehensive Plan and Transportation System Plan require that development proposals shall provide their proportional share of the transportation infrastructure necessary to accommodate the proposal, and to ensure the practicality and efficiency of providing adequate services to and through the subject property.
(d) The TTSP plans for the transportation needs of the community by planning for improvements to existing and new transportation facilities to accommodate vehicle, bicycle, and pedestrian needs of the community as growth occurs.
(e) Future development within the Tangent City Limits shall comply with the Future Streets Plan and the Bicycle and Pedestrian Plans contained in the TTSP.
(2) Future Streets Plan Conformance
(a) At the time of development, property owners shall ensure that sufficient transportation infrastructure is available to serve the development. This can be accomplished through any of the following methods approved by the City:
1. Dedicate right of way and construct streets indicated on the City’s Future Streets Plan;
2. Participate in a Local Improvement District or similar mechanism to effect the construction of the streets indicated on the City’s Future Streets Plan;
3. Enter into an agreement with the City of Tangent, acceptable to the City, indicating when and how the dedication and improvements will be completed; or
4. Any other method approved by the City that ensures the appropriate level of transportation infrastructure is available to serve the proposed development.
(b) The level of participation by property owners in required new street construction shall be determined based upon evaluation of the amount of frontage that exists on an existing or future public street and upon the impacts of the proposed development to the City’s transportation system.
(c) New streets indicated on the City’s Future Streets Plan are conceptual in their general location, and may be modified by the City or upon request by property owners in conjunction with specific development requests. Such a change may only be effected upon a demonstration that:
1. The requested modification will reasonably allow the continuation of the general layout of the future streets network as identified in the Transportation System Plan, and
2. The public benefits of the development concept outweigh specific conformance with the City Street Plan
Consistent with TTSP Policy 10, no adjustment shall result in a future right-of-way indicated on the Future Streets Plan being relocated off-site from the tract or tracts upon which it is indicated on the City’s Future Street Plan.
(d) In addition to the new facility construction projects indicated in the TTSP new street dedications and/or constructions may also be required in conjunction with land divisions or development approvals and/or based upon a public need as identified by the City. It shall be the burden of the developer to provide internal streets for new subdivisions, land partitions, manufactured dwelling parks, industrial parks and commercial centers sufficient to serve the needs of those developments.
(3) Pedestrian & Bicycle Plan Conformance
(a) The purpose of this subsection is to provide safe and convenient pedestrian, bicycle and vehicular circulation consistent with access management standards and the function of affected streets, to ensure that new development provides on-site streets and accessways that provide reasonably direct routes for pedestrian and bicycle travel in areas where pedestrian and bicycle travel is likely if connections are provided. This section is also intended to ensure that new development avoids wherever possible levels of automobile traffic that might interfere with or discourage pedestrian or bicycle travel. Consistent with TTSP Policy 37, the City of Tangent shall consider pedestrian and bikeways when reviewing all development proposals and street improvements.
(b) At the time of development of new subdivisions; multi-family developments; planned developments; shopping centers; and commercial districts adjacent to residential areas and transit stops, such development shall provide on-site facilities to accommodate safe and convenient pedestrian and bicycle traffic from within the development and to neighborhood activity centers within one-half mile of the development. New office parks and commercial developments shall employ accessways and clustering of buildings to provide internal pedestrian and bicycle circulation.
(c) Developers shall be responsible for improvements conforming with the Sidewalks Plan of Figure 34 of the TTSP. Sidewalks shall be required along arterial, collectors, and local streets, as shown on Figure 34.
(4) Existing Street System Improvements
(a) Proposed development on property that is served by an existing public street or right of way that does not meet the City’s adopted street standards shall result in a requirement that the owner or developer improve the existing street or right of way in order to accommodate the proposal and to bring the transportation facility into compliance with the applicable standards.
(b) Consistent with subsection (3) and (4) above, any required off-site transportation improvements shall include accommodations for safe and efficient bicycle and pedestrian travel. Any required new street, parking area, or pedestrian or bicycle way may be required to be preceded by an approved drainage plan for approval by the City to ensure that the new construction will not cause or augment ponding or flood damage.
(c) The City may consider a flexible interpretation and/or enforcement of street standards when the tests and procedures of TTSP Policy 14 are met.
(5)Access Management
(a) All new commercial or industrial uses, multi-family residential uses, subdivisions, and manufactured dwelling parks, including expansion of existing uses, that propose to utilize either Old or New Highway 34 (until such time as the State of Oregon no longer owns Old Highway 34) or Highway 99E as access shall submit for City approval a Traffic Assessment, which shall include the following:
1. Location of access points;
2. Estimates of the amount of traffic that will utilize the above access points;
3. Effect that the proposed development will have on traffic movement of both vehicles and pedestrians on Highway 34 and/or 99E;
4. The identification of all improvements that will be required to maintain adequate traffic flow; and
5. Permit approval by the Oregon State Highway Division.
6. Additional details, including but not limited to a professional traffic impact study, may be required by the City of Tangent. Coordination with ODOT prior to undertaking a traffic impact study will help ensure that issues necessary for issuance of a road approach permit from ODOT are adequately addressed.
(b) In accordance with the Oregon Highway Plan, where a right of access exists, access to a property at less than the designated spacing standard shall be in accordance with the Oregon Highway Plan. Where a right of access exists, access to a property at less than the designated spacing standard access shall be allowed only if that property does not have any other reasonable access and the designated spacing cannot be accomplished. If possible, other options should be considered, including joint access. Only one approach per property shall be allowed to a street owned by either the City of Tangent or Linn County, except that more than one access may be considered if the City finds that additional access is necessary to accommodate and serve traffic associated with the use of the property.
(c) Access to Highways 99E and 34 will be provided only where adequate access to another street or driveway is not feasible, and only in a manner that is consistent with the City’s Transportation Policies and guidelines as contained in the TTSP; the Tangent Public Works Design Standards; the Oregon Highway Plan; and OAR Division 734-0051, Access Management Administration Rules.
(d) Intersections and driveway spacing shall be regulated as prescribed in TTSP Section 20.2.4, Access Management.
(6) Clear Vision Areas: In all districts a clear vision area shall be maintained at the corners of all property located at the intersection of two streets, a street-alley or a street-railroad. A clear vision area shall also be maintained at all driveways intersecting a street. See Section 2.22 of the TPWDS.
(a) All properties shall maintain a clear triangular area at street intersections, railroad-street intersections, alley-street intersections and driveway-street intersections for safety vision purposes.
(b) Clear Vision areas for Streets or Commercial or Industrial Driveways shall be as specified in the TPWDS, Section 2.22.
(c) A clear vision area shall contain no plantings, fences, walls, structures, or temporary or permanent obstruction exceeding 3 feet in height, measured from the top of the curb, or, where no curb exists, from the established street center line grade. Trees exceeding this height may be located in this area, provided all branches or foliage are removed to a height of 8 feet above grade.
SECTION 5.123 STREETS
The Tangent Public Works Design Standards (TPWDS) is the City’s official public works standards for all public construction. Compliance with the standards contained therein is required by this Code. Urban public street improvements including curbs, gutters and storm drainage are required for all land divisions and property development in the City of Tangent in conformance with the TPWDS Drawings Numbered 200 through 204.
Urban street improvements may be deferred by the City as a condition of approval for Subdivisions, Partitions, Site Plan Reviews, Conditional Uses or Variances where future urban road or utility improvements will occur in the future and on property in the rural fringe of the City where urban construction standards have not yet occurred. Rural "Turnpike" public streets in conformance with TPWDS Drawings Numbered 102 that have shoulders and side ditches may be approved in lieu of the required urban streets. A property owner is obligated to provide the required urban street when requested by the City or is obligated to pay their fair share of street improvements if streets are installed by the City at a later date as part of a Limited Improvement District. A Waiver of Remonstrance and a deed CC&R shall be attached to the property to guarantee compliance with this requirement.
(1) The location, width and grade of streets shall be considered in their relation to existing and planned streets, topographical conditions, public convenience and safety, and to the proposed use of land to be served by the streets. The street system shall assure an adequate traffic circulation system with intersection angles, grades, tangents and curves appropriate for the traffic to be carried considering the terrain. The arrangement of streets shall either:
(a) Provide for the continuation or appropriate extension of existing principal streets in the surrounding area; or
(b) Conform to a plan for the neighborhood approved or adopted by the City to meet a particular situation where topographical or other conditions make continuance or conformance to existing streets impractical.
(2) Minimum right-of-way and roadway widths. The width of travel lanes for streets and roadways in feet shall be adequate to fulfill city specifications as provided for in Article 7 of this Code and should not be less than the minimums shown in the TPWDS and the following Table unless otherwise approved on a development plan.
Arterial, Collector & Local Street Design Table
Street Type
ROW
Width
Curb-
to-
Curb
Width
Center
Turn
Lane
Width
Travel Lanes /
Width
Bike
Lane
Width
Each
Side
On-Street
Parking
Width and Location
Landscape
Strip
Width
Sidewalk
Width
Arterial
66’
44’
14’
2/12
6’
None’
5’
5’
Arterial
60’
42’
NA
2/12
6’
7’
One Side
4’
5’
Collector w/
Parking
60’
50’
NA
2/12’
6’
7’
Each Side
None
5’
Collector w/
Landscape
60’
36’
NA
2/12’
6’
None
5’
5’
Local w/
Parking on
Both Sides
50’
36"
NA
2/12’
NA
8’
Each Side
None
5’
Local
(Skinny St.)
Parking on
One Side
40’
28’
NA
2/11’
NA
7’
One Side
None
5’
(3) Street Design Considerations for Subdivision, Partition, Site Plan Review, Conditional Use or Variance approval:
(a) A Center Turn Lane may be required at major intersections for traffic safety as determined by the City or County Engineer or the Oregon Department of Transportation, whichever has jurisdiction.
(b) Streets without designated bike lanes shall provide a "shared roadway" bikeway where there is not enough right-of-way provide separate lanes.
(c) Private utility easements shall be required adjacent to right-of-ways.
(d) The Planning Commission shall approve 28-foot wide "Skinny Streets" in developments to reduce maintenance costs and provide a pedestrian-friendly environment. The City Engineer shall determine the adequacy of proposed streets considering:
1. The street shall be adequate to serve the number of dwelling units
2. The street shall be limited in length and not provide through access.
(e) Street trees shall be provided as specified in Section 5.134.
(f) Any right-of-way remaining after constructing the above improvements shall be utilized for landscaping and utilities.
(g) Existing Local Streets with right-of-ways exceeding the improvement needs shall provide landscape strips between the curb and sidewalk.
(h) Where conditions, particularly topography or the size and shape of the tract, make it impractical to otherwise provide buildable sites, narrower right-of-ways may be accepted, if necessary, and replaced with slope, sidewalk or utility easements dedicated on both sides of the right-of-way.
(i) Where topographical conditions necessitate cuts or fills for proper grading of streets, additional right-of-ways or slope easements shall be required.
(4) Existing Streets: Whenever existing streets adjacent to or within a tract are of inadequate width, additional right-of-way shall be provided at the time of approval of the land division or land use approval.
(5) Half Street: Half streets, while generally not preferred, shall be approved by the Planning Commission where it finds that the other half will be provided when the adjoining property is divided. Whenever a proposed subdivision or partition abuts a half street, the other half of the street shall be provided within such tract. Reserve strips and street plugs may be required to preserve the objectives of half streets.
(6) Cul-de-sacs: A cul-de-sac street shall have a maximum length of 600 feet. A longer length may be approved as a Variance where it can be demonstrated that there is no other alternative. A cul-de-sac shall terminate with a circular turnaround.
(7) Reserve Strips: A reserve strip is a 1 foot strip of land at the end of a right-of-way extending the full width of the right-of-way used to control access to the street. A Reserve strips shall be provided when requested by the City to control access to public streets. The Reserve Strips shall be deeded to the City. A barricade shall be constructed at the end of the street by the land divider and shall not be removed until authorized by the City.
(8) Alignment: As far as is practicable, streets shall be in alignment with existing streets by continuations of the center lines thereof. Staggered street alignment resulting in "T" intersections shall, wherever practical, leave a minimum distance of 300-feet between the centerlines of streets having approximately the same direction.
(9) Future Extensions of Streets: Where necessary to provide access to or to permit a future division of adjoining land, streets shall be extended to the boundary of the subdivisions or partition. The resulting dead-end streets shall have a turn-around approved by the Fire District in lieu of a cul-de-sac. Reserve strips s shall be required to preserve the objectives of street extensions.
(10) Intersection Angles: Streets shall be laid out to intersect at angles as near to right angles as practical except where topography require a lesser angle, but in no case shall the acute angle be less than 75 degrees unless a Variance is approved. Intersection radius for various conditions is specified in the TPWDS.
(11) Street Names: Except for extensions of existing streets, no street name shall be used that duplicate or may be confused with the name of an existing street. Street names and numbers shall conform to the established pattern in the City and shall be subject to the approval of the City.
(12) Grades and Curves: Grades shall not exceed 6 per cent on Arterials, 10 per cent on Collector Streets or 12 per cent on other streets. Center line radii of curves shall not be less than 500 feet on Arterials, 300 feet on Collector Streets or 200 feet on other streets, and shall be to an even ten feet. Where existing conditions, particularly the topography, make it otherwise impractical to provide buildable sites, the City may accept steeper grades and sharper curves. In flat areas, allowance shall be made for finished street grades having a minimum slope, of at least 0.5 per cent.
(13) Streets Adjacent to Railroad Right-of-ways: Wherever a proposed land division contains, or is adjacent to a railroad right-of-way, a distance between the streets and the railroad right-of-way shall provide sufficient depth for landscape screening along the railroad right-of-way and for lot or parcel size in conformance with the zoning district.
(14) Railroad Crossings: Where an adjacent development results in a need to install or improve a railroad crossing, the cost for such improvements shall be born by the land owner unless an equitable means of cost distribution is approved by the City.
(15) Private Streets: Private streets are permitted within Planned Developments, Manufactured Home Parks and singularly owned developments as part of the land division or development approval. Design standards shall be the same as those required for public streets unless an alternative is approved by the City as a Variance. The Cityshall require verification of legal requirements for the continued maintenance of private streets.
(16) Traffic Signals: Where a proposed intersection will result in the need for street signals, signals shall be provided by the developer and the costs shall be borne by the land owner unless an equitable means of cost distribution is approved by the City.
(17) Street Signs: Street signs for identification and traffic control shall be provided by the land owner and the costs shall be borne by the land owner unless an equitable means of cost distribution is approved by the City.
(18) Mail Boxes: Joint mail boxes shall be provided in all residential developments. Joint mail box structures shall be placed adjacent to roadway curbs as recommended by the Post Office having jurisdiction and shall be noted on the plan. The cost shall be borne by the land owner.
SECTION 5.124 SIDEWALKS
The Tangent Public Works Design Standards (TPWDS) is the City’s official public works standards for all public construction. Compliance with the standards contained therein is required by this Code. Public sidewalk improvements are required for all land divisions and property development in the City of Tangent and along Arterial and Collector streets. Sidewalks may be deferred by the City where future road or utility improvements will occur and on property in the rural fringe of the City where urban construction standards have not yet occurred. The property owner is obligated to provide the sidewalk when requested by the City or is obligated to pay their fair share if sidewalks are installed by the City at a later date. A deed CC&R shall be attached to the property and the owner shall provide a Waiver of Remonstrance to guarantee compliance with this requirement.
(1) Sidewalks shall be constructed within the street right-of-way. Sidewalk easements shall only be accepted where the City determines that full right-of-way acquisition is impractical.
(2) Sidewalks shall connect to and align with existing sidewalks. Sidewalks may transition to another alignment as part of the approval process.
(3) The City may approve alternate sidewalk alignments and widths to accommodate obstructions that cannot be altered.
(4) Sidewalks in residential areas shall be a minimum of five (5) feet in width and shall be installed adjacent to a landscape strip within the right-of-way unless approved adjacent to the curb by the Planning Commission.
(5) Sidewalks are required for Collector or Arterial Streets and shall be a minimum of five (5) feet in width separated by a landscape strip of 4 to 6 feet in width adjacent to the curb. Sidewalks may be approved adjacent to the curb where direct access is required. Sidewalks adjacent to the curb shall be a minimum of five (5) feet in width or a minimum of twelve (12) feet in width adjacent to Street Frontage Commercial properties. Planter openings adjacent to the curb are encouraged within the twelve (12) foot wide walks.
(6) Planter strips and the remaining right-of-way shall be landscaped and incorporated as part of the front yard of adjacent property.
(7) Maintenance of sidewalks and planters shall be the continuing obligation of the adjacent property owner.
(8) Mid-block Sidewalks. The City may require mid-block sidewalks for long blocks or to provide access to schools, parks shopping centers, public transportation stops or other community services. Mid-block sidewalks shall be raised and shall be 6 feet in width.
(9) Internal pedestrian circulation shall be provided within new office parks and commercial developments by clustering buildings and construction of accessways.
SECTION 5.125 BIKEWAYS
The Tangent Public Works Design Standards (TPWDS) is the City’s official public works standards for all public construction. Compliance with the standards contained therein is required by this Code. Bikeways are required along Arterial and Collector streets. Bikeway locations are identified in the Tangent Transportation System Plan (TTSP). Bikeways shall comply with the requirements of the standards contained herein, those contained in the adopted TTSP and should attempt to comply with the "Oregon Bicycle and Pedestrian Plan", an element of the Oregon Transportation Plan.
(1) Developments adjoining existing or proposed bikeways shall include provisions for connection and extension of such bikeways through dedication of easements or rights-of-way. The City shall include bikeway improvements as conditions of approval for developments that will benefit from bikeways. Where possible, bikeways shall be separated from other modes of travel, including pedestrianways.
(2) Pedestrian and Bicycle Improvement Requirements
Type of Use
Bikeways Parking &
Pedestrian Accessways
Single Family Dwelling & Duplex
No
Multi-family Dwelling
Yes(4+ units)
New Commercial Building
Yes
Commercial Expansion
No
New Industrial Building
Yes
Industrial Expansion
No
Partitions, Subdivisions, Planned Developments, and Manufactured Dwelling Parks
Yes
(3) Bicycle Parking
Minimum Development Requirements: At a minimum bicycle parking facilities shall be consistent with the following design guidelines.
(a) Location: All bicycle facilities shall be:
1. Within 100 feet from a building entrance.
2. Located within a well lighted area.
3. Clearly visible from the building entrance.
4. Covered bicycle parking is encouraged but not required.
(b) Bicycle parking shall be visible or a sign shall be used to direct users to the parking facility.
(c) Each bicycle parking space shall be at least 2 feet by 6 feet with a vertical clearance of 6 feet.
(d) An access aisle of at least 5 feet in width shall be provided in each bicycle parking facility.
(e) Bicycle parking facilities shall offer security in the form of either a lockable enclosure in which the bicycle can be stored or a stationary object, "rack", upon which the bicycle can be locked. Structures that require a user supplied lock shall accommodate both cables and U-shaped locks and shall permit the frame and both wheels to be secured.
(f) Bicycle parking provided for employees shall be covered or employees shall be provided access to a secure room within a building for bicycle parking.
(g) Uses listed in this subsection shall provide bicycle parking at the following ratios:
Bicycle Parking Spaces Table
Type of Use
Minimum Number of Spaces
Single Family Residential
None Required
All other developments including expansions of more than 20 percent of the original floor area
Minimum of 2
Each use shall have a minimum of 2 spaces
or the greater of the following
Multi-Family Residential
Over 4 units
1 space per dwelling unit
New Retail, Office, Transit or Institutional facilities
1 space per 20 vehicle parking spaces
plus 4 spaces per public entrance
New Industrial facility
1 space per 20 vehicle parking spaces
plus 4 spaces per employee entrance
Schools
4 spaces per classroom
Upon request, the City will provide ODOT’s guidelines for the construction of bicycle parking
for the cost of copying.
SECTION 5.126 STORM DRAINAGE
The Tangent Drainage & Stormwater Management Plan is the City’s guide for stormwater management. Compliance with the standards contained therein is required by this Code. Urban level curb inlets, catch basins, and drainage pipe improvements are required for all land divisions and property development in the City of Tangent. Urban storm drainage systems may be deferred by the City in lieu of a rural system of culverts and open drainageways.
(1) General Provisions. It is the obligation of the property owner to provide proper drainage and protect all runoff and drainage ways from disruption or contamination. Property owners shall provide proper drainage and shall not direct drainage across another property except within a continuous drainageway. Paving, roofdrains and catch basin outflows shall require detention ponds or cells to control stormwater discharge unless the City Administrator determines that discharge controls are not required. Maintaining proper drainage is a continuing obligation of the property owner. The City shall approve a land division or development request only where adequate provisions for storm and flood water run-off have been made as determined by the City Administrator. The storm water drainage system must be separate and independent of any sanitary sewerage system. Inlets shall be provided so surface water is not carried across any intersection or allowed to flood any street. Surface water drainage patterns and proposed storm drainage shall be shown on every land division or development plan submitted for approval.
(2) Natural Drainageways. Open natural drainageways of sufficient width and capacity to provide for flow and maintenance are permitted and encouraged. For the purposes of this Section, an open natural drainageway is defined as a natural path which has the specific function of transmitting natural stream water or storm water run-off from a point of higher elevation to a point of lower elevation.
The City encourages protection of natural drainageways as linear open space features wherever possible within the City. Discharge of pollutants and sediments is prohibited. Setbacks are required for riparian areas, wetlands and floodplains as identified in the Tangent Local Wetlands and Riparian Area Inventory and Sections 5.117 and Section 5.118 of this Code.
(3) Easements. Where a land division is traversed by a water course, drainageway, channel or stream, there shall be provided a public storm water easement or drainage right-of-way conforming substantially with the lines of such water course and such further width as defined in Section5.117. Improvements to existing drainageways shall be required of the property owner.
(4) Accommodation of Upstream Drainage. A culvert or other drainage facility shall be large enough to accommodate potential run-off from its entire upstream drainage area, whether inside or outside of the development. The City shall review and approve the necessary size of the facility, based on sound engineering principles and assuming conditions of maximum potential watershed development permitted by the Comprehensive Plan.
(5) Effect on Downstream Drainage. Where it is anticipated by the City that the additional run-off resulting from the development will overload an existing drainage facility, the City shall require approval of the development to prevent such overloading, or deny the application if the overloading cannot be prevented through mitigation.
(6) Drainage Management Practices. Developments within the City must employ drainage management practices approved by the City that limit the amount and rate of surface water run-off into receiving streams or drainage facilities. Stormwater runoff rates for new developments shall not exceed bare land runoff rates. Drainage management practices must include, but are not limited to one or more of the following practices:
(a) Temporary ponding or detention of water to control rapid runoff;
(b) Permanent storage basins;
(c) Minimization of impervious surfaces;
(d) Emphasis on natural drainageways;
(e) Prevention of water flowing from the development in an uncontrolled fashion;
(f) Stabilization of natural drainageways as necessary below drainage and culvert discharge points for a distance sufficient to convey the discharge without channel erosion;
(g) Collection and transport of runoff from impervious surfaces to a natural drainage facility with sufficient capacity to accept the discharge; and
(h) Other practices and facilities designed to transport storm water and improve water quality.
(7) Design Requirements for New Development. All new development within the City shall make provisions for the continuation and projection of existing storm sewer lines or drainageways serving surrounding areas. Drainage improvements shall be required-through the interior of a property to be divided or developed to facilitate upstream flows.
(8) NPDES Permit Required. A National Pollutant Discharge Elimination System (NPDES) permit may be required from the Department of Environmental Quality (DEQ) for construction activities including clearing, grading, and excavation.
SECTION 5.127 WATER
The Tangent Water Feasibility Analysis & Water System Master Plan is the City’s guide for water system construction standards. Compliance with the standards contained therein is required by this Code. Water systems shall be designed to City standards so that they can be incorporated into a future City water system.
Where water systems are required, the City shall require water systems to be installed with adequate fire flows in consultation with the Tangent Fire Chief and City Engineer, and to meet the requirements of Insurance Service Offices (ISO) for all categories of development.
(1) When Public Water is Available. All new development, including a single-family residence, must extend and connect to the public water system. when service is available within 200 feet of the property. Fire hydrants, mains, and related appurtenances shall be installed by the developer as required by the Local Fire District.
(2) Water Line Extensions. Water distribution lines serving a property or development shall accommodate system expansion and provide system looping to accommodate fire flows. All public water system line extension sizes shall be approved by the City.
(3) Water Plan Approval. All proposed water plans and systems must be approved by the City as part of the review and approval process.
(4) Design Requirements for New Development. All new development within the City shall make provisions for the extension of public water lines as provided in the Water System Master Plan.
(5) Restriction of Development. The Planning Commission or City Council may limit development approvals where a deficiency exists in the water system or portion thereof that cannot be corrected as a part of the proposed development improvements.
SECTION 5.128 SANITARY SEWERS
The Tangent Public Works Design Standards (TPWDS) is the City’s official public works standards for all public construction. Compliance with the standards contained therein is required by this Code.
(1) When Public Sewer access is available all new development must extend and connect to the public sewer system.
(2) Sewer Line Extensions. Sewer collection lines serving a property or development shall accommodate system expansion. All public Sewer collection line extension sizes shall be approved by the City.
(3) Sewer Plan Approval. All proposed sewer plans and systems must be approved by the City as part of the review and approval process.
(4) Design Requirements for New Developments. All new development within the City shall make provision for the extension of existing sewer lines to serve adjacent areas as provided for in the Sewer System Master Plan.
(5) Restriction of Development. The Citymay limit development approvals where a deficiency exists in the sewer system or portion thereof which cannot be corrected as a part of the development improvements.
SECTION 5.129 UTILITIES
(1) It is the intent of the City to place all utilities underground wherever practical except as otherwise provided herein.
(2) All utilities shall be located underground in subdivisions.
(3) All utilities shall also be located underground in all partitions to City minimum urban parcel size.
(4) All subdivided lots and all minimum parcel partitions shall have a covenant requiring underground utility installations in the Covenants, Conditions and Restrictions for each lot or parcel.
(5) Exceptions. The City may permit overhead utilities as a condition of approval where the Applicant can demonstrate one of the following conditions:
(a) Underground utility locations are not feasible.
(b) The proposed lots or parcels are larger rural properties or where existing properties in the vicinity have overhead utilities.
(c) Temporary or emergency installations.
(d) Major transmission facilities located within right-of-ways or easement.
(e) Industrial developments with large power requirements.
(f) Surface mounted structures, substations or facilities requiring above ground locations by the serving utility.
SECTION 5.130 EASEMENTS
(1) Easements granting limited use of property for any defined purpose may be approved for any lot or parcel.
(2) Access easements may be approved by the Planning Commission as provided in Section 5.122. Single lane easements shall be a minimum of 12 feet wide. Two lane access easements shall be 20 feet wide.
(3) Utility easements shall be provided for sewers, water mains and public or private utilities necessary to provide full service to all developments. Land dividers shall show on the Tentative Plan and on the final Plat all easements and shall provide all dedications, covenants, conditions or restrictions with the Supplemental Data submitted for review.
(4) Water Courses. If a tract is traversed by a water course such as a drainage way, channel or stream, there shall be provided a setback containing the top of bank, vegetative fringe, and such further width as will be adequate for protection and maintenance purposes as specified in Section 5.117. Culverts or other drainage facilities shall be sized to accommodate storm and flood run-off from the entire upstream drainage area and shall be verified and approved by the City Administrator.
SECTION 5.131 BLOCKS
(1) General: The length, width, and shape of blocks shall be designed to provide building sites for the intended use in conformance with the Zoning District and shall accommodate the limitations and opportunities of topography.
(2) Size: Block size shall not be more than 1,000 feet between street corners unless topography, development obstructions, or the location of adjoining streets justifies a Variance. A block shall have sufficient depth to provide for two tiers of building sites.
(3) Large Property Divisions: The Planning Commission shall require that large rural land divisions be of such size and shape that the property can accommodate the extension and opening of streets at intervals that will permit a subsequent re-division of property into lots, parcels or blocks of smaller urban size.
(4) Traffic Circulation: Blocks shall be laid out to provide safe, convenient, and direct vehicle, bicycle and pedestrian access to nearby residential areas, neighborhood activity centers and commercial and industrial areas unless alternative pedestrian and bicycle accessways are provided.
SECTION 5.132 BUILDING SITES
(1) Size and shape: The size, shape and orientation of building sites shall accommodate the intended use and shall comply with the standards of the Zoning District and the other standards of Article 5 specified herein.
(a) No lot or parcel shall be created or utilized unless there will exist a municipal water and sewage disposal system to support the proposed use.
(b) The size and configuration of commercial and industrial properties shall accommodate the intended use, the required off-street service and parking facilities and landscaping.
(c) Existing lots or parcels smaller than City standards may be maintained as a nonconforming use within the district. Damaged or destroyed buildings and structures may be restored or replaced in conformance with Section 4.080.
(d) Land division proposals for large rural lots that are capable of further division into smaller urban lots shall provide plans that show by dash lines future streets and lot divisions to smaller urban standards as part of the Tentative Plan approval process. Proposed buildings shall be located within the future urban property line and setback standards to facilitate an orderly division and use of the property in the future.
(e) Flag Lots or Parcels: Flag lots or parcels are not permitted. The Planning Commission may permit Flag Lots only when other alternative means of access cannot be provided as described in Item (3) below.
(2) Access: Every property shall abut a public street, other than an alley, for a minimum width of 25 feet, except where the Cityhas approved an easement for access or where the easement existed prior to the adoption of this Code.
(3) Access Alternatives: The following access alternatives to Flag Lots or Parcels may be approved by the City for partitions or, in some circumstances, small subdivisions:
(a) Approval of a single access road easement to serve all of the proposed parcels with a provision for conversion to a dedicated public road right-of-way when requested by the City. The easement shall have the same width as required for city street right-of-way.
(b) Approval of a road right-of-way without providing the road improvements until the lots are developed. This places the burden for road improvements on the City although the City can assess all of the benefiting properties when improvements are provided in the future. As a condition of approval, the City shall require a waiver of remonstrance and an agreement for improvements as a deed condition.
(c) Approval of a private road that does not meet all of the standards for public streets. This approach shall only be used for isolated short streets serving a limited number of sites and where future City street alignments will not be needed.
(d) Through Lots and Parcels: Through lots and parcels are not permitted unless approved as a Variance to accommodate unusual conditions affecting the property or use.
(e) Lot and Parcel Side Lines: The lines of lots and parcels shall run at right angles to the street upon which they face, except that on curved streets they shall be radial to the curve. An alternative design may be approved when such a pattern is not practicable.
(f) Building Lines: If special building setback lines are to be established in a land division, they shall be shown on the subdivisionor partition Tentative Plan and Plat or, if temporary in nature, they shall be included in the deed restrictions.
SECTION 5.133 GRADING
General grading shall conform to Tangent Ordinance 98-01 Excavation and Grading and the LinnCounty Code as it applies to the Oregon Structural Specialty Code, and the following standards unless engineered and approved by the City.
(1) Cut slopes shall not exceed one and one-half feet horizontally to one foot vertically.
(2) Fill slopes shall not exceed two feet horizontally to one foot vertically.
(3) The type and characteristics of imported fill soils shall be the same or compatible with the existing soils on the site.
(4) Fills for streets and building sites shall be engineered and approved by the City.
(5) All sites shall be graded to direct storm water to City storm sewers or to natural drainage ways.
(6) All grading activities shall comply with any required removal or fill permits issued by the State or Federal agencies.
SECTION 5.134 LANDSCAPING(1) Purpose. The City of Tangent recognizes the aesthetic and economic value of landscaping, and encourages its use to: (a) Establish a pleasant community character. (b) Enhance the community's general appearance; (c) Buffer and screen unsightly features; (d) Provide aesthetic consistency in developments; (e) Buffer parking areas and lots;(f) Conserve energy by providing shade and shelter. To achieve these goals, all properties shall be landscaped and maintained according to the standards contained herein. All front yard or street side yard setbacks and parking areas shall be landscaped in accordance with the following requirements:
(2) General Provisions. The general provisions stated below apply to all new developments where landscaping, buffering, screening or fencing is required.
(a) Landscaping shall primarily consist of ground cover, trees, shrubs or other living plants with irrigation to maintain all vegetation. Decorative design elements such as fountains, pools, benches, sculptures, planters, fences and similar elements may be placed within the area. Exceptions: Undeveloped properties or the undeveloped portion of large properties with an unused areas exceeding 4,000 square feet are exempt from the landscape requirements specified herein provided the lot or area is maintained so weeds and wild vegetation do not adversely affect adjacent developed properties. Removal of noxious weeds and vegetation will be enforced through the City's Nuisance Ordinance.
(b) A site and species-specific, detailed landscape and irrigation plan shall be submitted to the City for review and approval with all applications. Existing trees, plantings and special site features shall be shown on all submitted plans and shall clearly indicate items proposed to be removed and those intended to be preserved. The plan shall be drawn to a scale that is a multiple of 10 feet, shall include required fencing, buffering, screening, tree plantings, and any monument locations. The plans shall be of professional quality, and must be acceptable to the City. Development permits shall not be issued until the City determines that the plans comply with the specific standards of this Section. All required landscaping and related improvements shall be completed or financially guaranteed prior to the issuance of a Certificate of Occupancy, and provide a minimum of eighty percent ground coverage within three years.
(c) Care and maintenance of on-site landscaping and landscaping in the adjacent right-of-way is the right and responsibility of the property owner, unless City Ordinances specify otherwise. A City permit is required to plant, remove, or significantly prune any trees in a public right-of-way.
(d) It shall be the continuing obligation of the property owner to maintain required landscaped, screened and fenced areas in an attractive manner free of weeds and noxious vegetation. In addition, the minimum amount of required living landscape materials shall be maintained.
(e) Existing plant and tree specimens and special site features shall be preserved, protected, maintained and integrated into the design of proposed developments except where the City Engineer otherwise deems such plantings would pose a hazard. Plants to be saved and methods of protection shall be indicated on the detailed planting plan submitted for approval. Existing trees may be utilized in complying with this section if no cutting or filling of the soil takes place within the drip-line and the tree is protected from damage during construction.(g) Irrigation systems shall be required for planting areas, unless specifically waived by the City. A detailed irrigation system plan shall be submitted with the development permit application and must be approved by the City. The plan shall indicate source of water, pipe location and size, and specifications of the backflow device. The irrigation system shall utilize 100 percent sprinkler head to head coverage or sufficient coverage to assure ninety percent coverage of plant materials in three years.
(h) In no case shall shrubs, conifer trees, or other screening be permitted within the vision clearance areas of street, alley, or driveway intersections, or where the City Engineer otherwise deems such plantings would pose a hazard.
(i) Required landscaping, tree plantings, buffering, screening and fencing shall be installed prior to building occupancy. With the exceptions noted below, temporary occupancy permits may be issued prior to the complete installation of all required landscaping if security equal to 110% of the cost of materials and labor, as determined by the approval authority, is filed with the City assuring such installation within nine months of issuance of the temporary occupancy permit. An extension of three months may be granted by the City Administrator when circumstances beyond the control of the developer prevent earlier completion.
Security shall be approved by the City Attorney and may consist of a letter of credit payable to the City, cash, certified check, time certificate, or deposit, or by the builder's/ developer's lending agency certifying to the City that funds are being held until completion or such other assurances as may be approved by the City Administrator.
If the installation of the landscaping is not completed within the required period, the security may be used by the City to either complete the installation, or the security may be held by the City and other enforcement powers employed to prevent final occupancy until such time as the improvements are completed. Upon completion of the installation, any portion of the remaining security deposited with the City shall be returned. If the security is insufficient to complete the installation, the property owner is liable for the excess costs including all costs required to obtain the excess.
(j) It is unlawful to plant willow, cottonwood, or poplar trees anywhere in the City unless the City approves the site as one where tree roots will not likely interfere with public sewers.
(k) It is unlawful to plant any of the following trees in or adjacent to any street right-of-way or parking strip in the City: Box Elder, Tree of Heaven, Golden Chair, Holly, Silver Maple, Bamboo, Poplar, Willow, Conifers, Cottonwood, fruit trees (other than ornamental fruit trees), nut trees (other than ornamental nut trees), and Ailanthus.
(l) Long expanses of fences and walls shall be designed to prevent visual monotony through use of offsets, changes of materials and textures, or landscaping.
(m) The Planning Commission may approve alternate standards as part of the approval process for Site Plan Reviews and Conditional Uses if the alternate standards do not alter the purpose and intent of this Section.
(3) Residential & MinimumFrontYardSetback Landscaping. All front yard setback areas and exterior street side yard setback areas are required to be landscaped. Minimum landscaping per 1,000 square feet of required setback area shall be as follows unless buffering is require in as specified Item (8):
(a) Street Trees in conformance with Item (5) (b) below unless Street Trees are provided in a street landscaped strip.
(b) A minimum of 1 tree at least six feet in height if Street Trees are provided in a street landscaped strip.
(c) Five 1-gallon shrubs or accent plantings.
(d) Fifty percent (50%) of the remaining landscaped area exclusive of walks, drives, parking areas and buildings shall be planted with suitable living ground cover, lawn, ivy, shrubs and other plantings exclusive of decorative design elements such as fountains, benches, sculptures, planters and similar elements may be placed within the required landscaping area. The remaining area shall be concrete, rocks bark or other decorative ground cover.
(e) Resource uses and dwellings in conjunction with farm uses are exempted from this requirement.
(4) Parking Lot Landscaping:
(a) Parking lots adjacent to residential districts shall be screened from abutting residential districts by a combination of fences, walls, and landscaping adequate to screen lights, provide privacy and provide separation for the abutting residences.(b) Parking lots shall have curbed landscaped islands and trees at the ends of parking rows to facilitate movement of traffic and to break large areas of parking surface. The minimum dimension of the landscaped area excluding the curbs shall be 4 feet and the landscaping shall be protected from vehicular damage by wheel guards.(c) Parking lots containing more than 16 parking spaces shall have a minimum of 5 percent of the area devoted to vehicular circulation and parking areas in landscaping and trees. Landscaping shall be evenly distributed throughout the parking lot and long rows of parking spaces shall be interrupted by landscaped islands. The 5 percent landscaping shall be within or abutting the parking area and shall be in addition to the required landscaped yard setbacks
(5) Required Tree Plantings. Tree plantings in accordance with the following standards are required where there is a City approved street tree plan and for all parking lots with 16 or more cars and for all public road, street or highway frontages that have a landscaped strip. Street trees shall be planted within a designated landscape strip between the curb and sidewalk or outside the right-of-way in street facing yards where there is no landscape strip.
(a) Required Quantity of Trees Planted: The frequency of street and parking trees required in a landscape strip or shall be determined by the canopy size specified in (b) and (c) below). Trees in parking areas shall be dispersed throughout the lot to provide a canopy for shade and visual relief.
(b) Street Tree Maximum Spacing
1. Large canopy trees - 50 feet
2. Medium canopy trees - 30 feet
(c) Parking Lot Minimum Tree Plantings
1. Medium canopy trees - 1 tree per 8 cars
2. Large canopy trees - 1 tree per 12 cars
(6) Tree Locations. Trees may not be planted under the following standards unless approved by the City:
(a) Three feet from permanent hard surface paving or walkways unless using special planting techniques and specifications approved by the City.
(b) Within 10' of fire hydrants and telephone poles;
(c) Within 20' of street light standards;
(d) Within 10' of a public sanitary sewer, storm drainage or water line;
(e) Where the tree poses a hazard to the public.
(f) Where the minimum clearance is less than eight feet above sidewalks and twelve feet above street and roadway surfaces.
(7) Tree Species: Tree species shall be selected from the City’s approved list. Alternate selections may be approved by the City Administrator following written request.
(8) LandscapeBuffering. Buffer Plantings are used to visually enhance the City, reduce building scale, provide transition between uses, and generally mitigate incompatible or undesirable views. They are used to soften rather than block views. Where required, a mix of plant materials shall be used to achieve the desired buffering effect. Buffering is not required for single-family residential properties.
(a) A 12-foot wide buffer is required for all commercial and industrial street facing yards and for side and rear yards where a proposed use differs from the abutting property use or zone. (e.g., proposed commercial development adjacent to a residential use ).
(b) A buffer depth is 12-feet unless otherwise specified as part of the conditions specified for an approval. A buffer length is equal to the length of the property line with the street or the abutting use.
(c) A buffer area may only be occupied by landscaping, utilities, screening, walkways, bikeways, and accessways. No buildings, or parking areas shall be allowed in a buffer area unless a Variance to this requirement has been approved by the City.
(d) The minimum improvements within a buffer area shall consist of the following at the time of planting:
1. Trees, not less than 10 feet high for deciduous trees spaced not more than 30 feet apart and 5 feet high for evergreen trees spaced not more than 15 feet apart.
2. At least 5 five-gallon shrubs or 10 one-gallon shrubs for each remaining 1,000 square feet of required buffer area; and
3. The remaining area treated with living ground cover (i.e., lawn, ivy, evergreen shrubs, etc.).
(e) Buffering requirements shall supercede the front yard or street side yard landscaping required in Item (3) above.
(f) Required Buffering shall be shown on all Site Plan Review and Conditional Use plans submitted for approval.
(9) Landscape Screening. Screening is used to obscure or block unsightly views or visual conflicts and where privacy and security are desired. Fences, hedges, berms and walls may be used for screening. Acoustically designed fences and walls are also required where noise impacts require mitigation.
(a) Screening may be required for the following uses in lieu of Buffering as part of the City’s Site Plan Review or Conditional Use approvals:
1. Any use other than a single-family residence that abuts a single-family residence or Single-family Residential Zone including commercial, industrial, public and multi-family developments shall have their yard setbacks landscaped and screened to protect the abutting single-family residential properties.
2. Any Multi-family Development, Manufactured Dwelling Park, Subdivision or Planned Development.
3. Any Parking Lot exceeding 8 Spaces.
4. Any Industrial or Utility use abutting Residential, Commercial or Public Uses.
5. Except for one and two family dwellings, garbage collection areas, and service facilities located outside the building shall be screened from public view and landscaped.
(b) Where screening is required or provided, the following standards shall apply:
1. One row of evergreen shrubs shall be planted that will grow to form a continuous hedge at least six feet in height and be at least 80 percent opaque, as seen from a perpendicular line of sight, within two years of planting, or
2. A minimum of a five-foot wood fence or masonry wall shall be constructed, providing a uniform sight obscuring screen, or
3. An earth berm combined with evergreen plantings or wood fence or masonry wall shall be provided which shall form a sight and noise buffer at least six feet in height.
4. At least 5 five-gallon shrubs or 10 one-gallon shrubs for each remaining 1,000 square feet of required buffer area; and
5. The remaining area treated with attractive, living ground cover (i.e., lawn, ivy, evergreen shrubs, etc.).
6. Except for one and two family dwellings, any refuse container or disposal area that would otherwise be visible from a public street, or customer or resident parking area shall be screened from view by placement of a solid wood fence, masonry wall or evergreen hedge between 5 and 8 feet in height. All refuse materials and mechanical equipment shall be contained within the screened area.
7. A chain link fence with or without slats shall not qualify as screening.
(10) The property owner of each proposed development is responsible for the installation and maintenance of all buffers and screens. The City may waive the buffering and/or screening requirements of this section under the Site Plan review procedures where it is determined to be unnecessary due to existing conditions or because the buffering or screening is provided on the adjoining property in conformance with this section.
(11) Where a proposed use abuts land zoned Exclusive Farm Use (EFU), no buffer shall be required on the portion of the property adjacent to EFU zoned property.
(12) Single-family and two-family dwellings and farming are exempt from the buffering and screening provisions.
(13) Buffering and screening provisions shall be superseded by clear vision requirements, where applicable.
(14) Fencing:(a) Residential fences, hedges and walls may be located within yard setbacks. Height is limited to 6 feet in required side, rear or interior yards. Height is limited in required exterior street facing yards to 3 feet in height and in a Vision Clearance Areas. Commercial or industrial properties may have 8-foot high fences except in a street facing front yard setback where fences are limited to 6 feet in height.(b) Materials. Residential fences and walls shall not be constructed of or contain any material that would do bodily harm such as electric, barbed or razor wire, broken glass, spikes, or any other hazardous or dangerous materials. Commercial or industrial properties may have barbed wire above 6 feet in height except in the street facing front yard. Link fencing less than 6 feet in height shall be constructed so there will be no barbed ends at the top.(c) Protective fences other than those specified herein shall comply with State Laws and shall be submitted for approval of the City.(d) Sight-obscuring fences, walls or landscaping may be required to screen objectionable activities as part of the City's review and approval process. Sight-obscuring means 75% opaque when viewed from any angle at a point 25 feet away. Vegetative materials must be evergreen species that meet this standard year-round within 3 years of planting.(e) Maintenance. Fences shall be structurally maintained in a safe condition of repair and shall not lean over an adjoining property or sidewalk, have missing sections or slats, or broken supports.
SECTION 5.135 EXTERIOR LIGHTING
(1) Street Lighting shall be provide for all public streets in conformance with the standards specified in the Tangent Public Works Design Standards.
(2) On-site Lighting is required to protect the safety and welfare of employees, occupants, users, customers and the general public. Exterior lighting shall be provided in parking lots and may be provided elsewhere.
(3) Lighting shall be located and designed to not face directly or reflect glare into on-coming traffic or onto an adjacent residence or residential district. There are no other specific design requirements for on-site lighting
SECTION 5.136 SIGNSSigns and similar identification devices may be erected and maintained in compliance with the following standards unless other standards are approved by the Tangent Planning Commission in conformance with the Site Plan Review procedures of Section 2.400.
(1) DefinitionsSign: Any writing (including letters, words or numerals); pictorial representation (including murals, illustrations or decorations); emblem (including devices, symbols or trademarks); flag (including banners or pennants); identification displays (including objects, inflatables or balloons); or any other device used to inform, attract attention or advertise that is visible from a public right-of-way.Freestanding Signs:Ground level Signs: Any ground level sign not over 6 feet high. Elevated Signs: Any sign supported above eight feet by any structure.Building Signs: Wall Sign: Any sign painted or attached to a building that projects less than 12 inches.Window Sign: Any sign outside or inside a window visible from a public road.Projecting Signs: Any sign attached to a building wall that projects more than 12 inches including awning signs.
Outdoor Advertising Sign includes billboards and as provided in ORS 377.705. Outdoor advertising signs are prohibited in all zones.
Off-premise Sign is a sign that is owned, maintained, managed or provided by an individual or group other than the owner, lessee, or renter of the property upon which the sign is located subject to written permission of the property owner and approval by the Tangent Planning Commission.
(2) General Sign Provisions:
(a) Each sign or outdoor advertising display shall be located on the same property as the use it identifies or advertises unless approved as an Off-premise Sign by the Tangent Planning Commission.
(b) Signs may be illuminated by indirect or internal lighting. Lighting and signs shall not, by light, brilliance, type, design, or character, create a public or private nuisance or interfere with traffic or limit visibility, and shall not produce glare into residences. The use of flashing or rotating lights is prohibited. Reader Boards or moving electronic message signs require approval by the Planning Commission.
(c) No sign shall be constructed or erected that inhibits or impairs the Clear Vision Area specified in Section 5.122 (6) or other sight lines necessary for the safety of the traveling public.
(d) Sign materials and design elements should be complimentary to the materials used in development.
(e) Signs shall not Interfere with, imitate, or resemble any official traffic control sign, signal, or device, or attempt to direct the movement of traffic.
(f) Signs shall not be located on trees, or painted or drawn on a rocks or other natural features.
(g) Sign colors shall not be fluorescent or phosphorescent.
(h) All attached or freestanding signs shall be engineered and comply with the State of Oregon Structural Specialty and Life Safety Code and the adopted Electric Code for any electrically powered signs.
(i) Any freestanding or projecting sign may be double-faced.
(j) Freestanding signs shall not be located less than five (5) feet from the street right-of-way unless approved by the Planning Commission.
(k) All signs, together with their supporting structure shall be maintained in a safe, clean and attractive condition and shall be constructed of durable materials and provided with an engineered foundation or supports.
(l) Abandoned signs that no longer apply to the property shall be removed by the property owner within 90 days of disuse.
(3) Permitted Signs(a) Any on-site sign specifically identified as permitted herein.(b) Signs existing at the date of adoption of the sign ordinance provisions.(c) Flags of national, state or local government.(d) Temporary signs for the duration of the event 32 square feet in area or less. Off-premise temporary signs require permission is by the landowner.(e) Signs placed by local, state or federal agencies.(f) Public safety and convenience signs including parking and directional signs, open/closed and business hour signs, restroom and other locational signs 12 square feet in area or less.(g) Temporary seasonal signs and decorations subject to safety and nuisance standards.
(h) Construction Project signs 64 square feet in area or less per street frontage.
(i) Existing signs shall be considered non-conforming uses which may be maintained and repaired, but may not be replaced.
(4) Permitted Residential Sign Standards
(a) One name plate 4 square feet in area or less, placed flat against the building for each dwelling or Home Occupation as defined in Section 6.110 of this ordinance. Signs may have indirect illumination.
(b) House or building numbers 6 inches or less in height.
(c) One non-illuminated temporary sign 12 square feetin area or less for the duration of the event.
(d) One Freestanding ground level or building wall identification sign per street frontage for Subdivisions, Apartment complexes or Manufactured Dwelling Parks 64 square feet or less in area per sign.
(e) One Temporary Freestanding Subdivision or Manufactured Home Park sales sign per street frontage 64 square feet in area or less for the duration of the event.
(a) One primary Wall Surface or Window Surface Sign per street frontage per business.
(b) Miscellaneous Window Signs for product advertising is permitted.
(c) One Projecting Sign per street frontage not exceeding the roofline or 60 square feet in area per business. Projecting signsshall have a minimum height clearance of 8 feet in pedestrian areas and 15 feet over parking or drive areas.
(d) One Freestanding Ground level sign per street entrance of a property not to exceed 6 feet in height or 80 square feet in area per sign.
(e) One Freestanding Elevated Sign per street frontage of a property not to exceed 30 feet in height or 100 square feet in area. Elevated signs shall have a minimum height clearance of 8 feet in pedestrian areas and 15 feet over parking or drive areas. (f) One Temporary per street frontage 32 square feet or less in area per sign for the duration of the event.(6) Signs Requiring ApprovalThe following signs may be permitted subject to a Site Plan Review and approval by the Tangent Planning Commission in conformance with Section 2.400.(a) Any sign not specifically identified herein as a Permitted Sign or permitted signs exceeding the standards specified herein.(b) Rooftop signs.
(c) Moving electronic message signs.
(d) A banner which spans or is displayed over any roadway, highway, or street within the City limits.
(e) Any Off-Premise sign and any sign placed within a public right-of-way by other than a public agency.
(7) Application Information
Applications for signs requiring approval shall conform to Sections 2.130 and 2.140 and Section 2.400 of the Tangent Land Development Ordinance and shall include:
(a) A Site Plan showing the sign locations on site.
(b) Building elevations showing sign locations.
(c) Sign construction showing dimensions, area, height, and structure.
(d) Sign design showing lettering, logos, symbols, materials, colors, and method of illumination.