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§ 151.140 PURPOSE.
   This section is intended to provide consistency with the Oregon Transportation Planning Rule (Oregon Administrative Rules, 660-012), Banks Transportation System Plan, and to provide for safe, reasonably direct, and convenient pedestrian access and circulation.
(Ord. 2021-08-02, passed 10-12-2021)
§ 151.141 APPLICABILITY.
   The standards in this section apply to all new commercial, mixed-use, industrial, civic, and multi-family development.
(Ord. 2021-08-02, passed 10-12-2021)
§ 151.142 STANDARDS.
   (A)   Continuous walkway system. An on-site pedestrian walkway system shall extend throughout the development site and connect to adjacent public sidewalks, if any, consistent with the following:
      (1)   For commercial, civic and multi-family developments, on-site walkways shall provide direct connections between primary building entrances and all on-site parking areas, adjacent recreational areas and activity/commercial hubs, future phases of development if applicable, and public rights-of-way.
      (2)   For industrial developments, on-site walkways shall provide safe, reasonably direct, and convenient connections between primary building entrances and all on-site parking areas.
      (3)   Walkways shall be free from hazards and provide a smooth and consistent surface. The city may require landscape buffering between walkways and adjacent parking lots or driveways to mitigate safety concerns.
      (4)   The walkway network shall connect to all primary building entrances, consistent with Americans with Disabilities Act (ADA) requirements where required.
   (B)   Except as required for crosswalks, per division (C) below, where a walkway abuts a driveway or street it shall be raised 6 inches and curbed along the edge of the driveway or street. Alternatively, the city may approve a walkway abutting a driveway at the same grade as the driveway if the walkway is physically separated from all vehicle maneuvering areas. An example of such separation is a row of bollards (designed for use in parking areas) with adequate minimum spacing between them to prevent vehicles from entering the walkway.
   (C)   Crossings. Where a walkway crosses an on-site parking area or driveway, it shall be clearly marked with contrasting paving materials (e.g., pavers, light-color concrete inlay between asphalt, or similar contrasting material). The crosswalk may be part of a speed table to improve driver-visibility of pedestrians. Painted or thermoplastic striping and similar types of non-permanent applications may be approved for crossings not exceeding 24 feet in length.
   (D)   Walkway width and surface. Walkways shall be constructed of concrete, asphalt, brick or masonry pavers, or other durable surface, meeting ADA requirements, as approved by the City Engineer. Walkways shall be not less than 4 feet in width, except that concrete walkways a minimum of 6 feet in width are required in commercial developments. The city may also require 6-foot-wide, or wider, concrete sidewalks in other developments where pedestrian traffic warrants walkways wider than 4 feet.
(Ord. 2021-08-02, passed 10-12-2021)
LANDSCAPING, SCREENING AND FENCING
§ 151.155 LANDSCAPING REQUIREMENTS.
   (A)   Applicability. The standards in this section apply to all new development requiring Site Design Review per §§ 151.250 through 151.256.
   (B)   Minimum landscape area. All lots shall conform to the minimum landscape area standard of the applicable zone.
   (C)   Plant selection. A combination of deciduous and evergreen trees, shrubs, and ground covers shall be used for all planted areas, the selection of which shall be based on local climate, exposure, water availability, and drainage conditions, among other factors. When new vegetation is planted, soils shall be amended and irrigation shall be provided, as necessary, to allow for healthy plant growth. The selection of plants shall be based on all the following standards and guidelines:
      (1)   Use plants that are appropriate to urban areas and the local climate, exposure, and water availability. The presence of utilities and drainage conditions shall also be considered. The city may rely on Oregon State University Extension Service bulletins/University of Washington Urban Forestry Program guidelines/or other expert sources in evaluating landscape plans.
      (2)   Plant species that do not require irrigation once established (naturalized) are required.
      (3)   Trees shall be not less than 2-inch caliper at the time of planting. Trees to be planted under or near power lines shall be selected so they will not conflict with power lines at maturity.
      (4)   Shrubs shall be planted from 5-gallon containers, minimum, where they are for required screens or buffers, and 2-gallon containers minimum elsewhere.
      (5)   Shrubs shall be spaced in order to provide the intended screen or canopy cover within 2 years of planting.
      (6)   All landscape areas, whether required or not, that are not planted with trees and shrubs or covered with allowable non-plant material, shall have ground cover plants that are sized and spaced to achieve plant coverage of not less than 75% at maturity.
      (7)   Bark dust, chips, aggregate, or other non-plant ground covers may be used, but shall cover not more than 25% of any landscape area. Non-plant ground covers cannot be a substitute for required ground cover plants.
      (8)   Where storm water retention or detention, or water quality treatment facilities are proposed, they shall be planted with water-tolerant species.
      (9)   Existing mature trees that can thrive in a developed area and that do not conflict with other provisions of this Code shall be retained where specimens are in good health and do not present a hazard.
      (10)   Landscape plans shall avoid conflicts between plants and buildings, streets, walkways, utilities, and other features of the built environment.
      (11)   Evergreen plants shall be used where a sight-obscuring landscape screen is required.
      (12)   Deciduous trees should be used where summer shade and winter sunlight are desirable.
      (13)   Landscape plans should provide focal points within a development, for example, by preserving large or unique trees or groves or by using flowering plants or trees with fall color.
      (14)   Landscape plans should use a combination of plants for seasonal variation in color and yearlong interest.
      (15)   Landscape plans shall provide for both temporary and permanent erosion control measures, which shall include plantings where cuts or fills, including berms, swales, storm water detention facilities, and similar grading, is proposed.
      (16)   When new vegetation is planted, soils shall be amended and irrigation provided, as necessary, until the plants are established and able to grow on their own.
   (D)   Xeriscape requirements. All industrial and commercial development that is subject to the requirements of this chapter must incorporate the following xeriscape methods in any landscape plan submitted for city review. For residential development, xeriscape methods are encouraged but not required.
      (1)   Limited turf areas. Within the required vegetated area, the total amount of lawn (i.e., turf) may not exceed 25% of the total vegetated area. In addition, lawns should be separated from trees, flower beds and other groundcover that do not have similar water needs as lawn/turf. Lawns may not be planted in strips less than 5-feet wide due to the difficulty in controlling irrigation over-spray and resulting water waste in such areas.
      (2)   Use of drought tolerant plants. Only drought tolerant native and non-invasive exotic species may be used in xeriscape plantings.
      (3)   Alternative groundcover. Whenever possible, mulched planting beds and native plant communities should be used to meet landscape requirements. Beds may be mulched with any suitable organic or inorganic groundcover, provided that no more than 25% of the total vegetated area ismulched with inorganic material. Preservation and re-establishment of native plant communities as part of landscape designs is encouraged.
   (E)   Landscaping plan required. A landscape plan is required for submittal and approval for all new subject developments. Submittal of a landscape plan drawn to scale shall show information and conform to requirements as follows:
      (1)   The location and height of existing and proposed fences, buffering or screening materials.
      (2)   The location, size, and type of existing trees having a 6-inch or greater diameter measured 4.5 feet above ground.
      (3)   Method of irrigation for proposed trees and plant materials.
      (4)   An arborist's report may be required for sites with mature trees to be preserved and protected during construction.
      (5)   Other information as deemed appropriate by the Planning Official.
(Ord. 2021-08-02, passed 10-12-2021)
§ 151.156 SCREENING AND BUFFERING.
   (A)   Screening. Screening shall be used to eliminate or reduce the visual impacts of the following uses:
      (1)   Commercial and industrial uses when abutting residential uses.
      (2)   Industrial uses when abutting commercial uses.
      (3)   Service areas and facilities, including garbage and waste disposal containers, recycling bins, and loading areas.
      (4)   Outdoor storage areas.
      (5)   Parking areas for 20 or more vehicles.
      (6)   At and above grade electrical and mechanical equipment, such as transformers, heat pumps, and air conditioners.
   (B)   Screening methods. Screening may be accomplished by using sight obscuring plant materials (generally evergreens), earth berms, walls, fences, building parapets, building placement or other design techniques. Screening should be a minimum height of 6 feet.
   (C)   Buffering. Buffering is required between an industrial use and any non-industrial use to mitigate adverse visual impacts, dust, noise or pollution, and to provide for compatibility between dissimilar adjoining uses. Where buffering is required, one of the following buffering alternatives shall be employed:
      (1)   Planting area. Width not less than 15 feet, planted with either one row of trees staggered and spaced not more than fifteen 15 feet apart; or, at least one row of shrubs forming a continuous hedge at least 5 feet in height within 2 years of planting.
      (2)   Berm plus planting area. Width not less than 10 feet, with the combined total height of the berm and hedge not less than 5 feet.
      (3)   Wall plus planting area. Width must not be less than 5 feet with a masonry wall or fence not less than 5 feet in height and lawn, shrubs or ground cover covering the remaining area.
      (4)   Other approved methods which produce an adequate buffer considering the nature of the impacts to be mitigated.
(Ord. 2021-08-02, passed 10-12-2021)
§ 151.157 FENCES.
   (A)   Purpose. This section contains the general policies and requirements regarding the location, placement, restrictions, permitting, and fees associated with fences.
   (B)   Permitting and fees. All new fences and major renovations that change the height or location of an existing fence must have permits. It shall be unlawful for any person, firm, or corporation to construct a fence or modify an existing part thereof without compliance with the standards described herein and first obtaining a permit from the city. A fence permit application signed by the property owner shall include information regarding the type, height, and location of the proposed fence; agreement to maintain the landscape strip in the front yard (if applicable); and be accompanied by a filing fee to cover the cost of permit review and site inspection.
   (C)   General fence provisions.
      (1)   A fence on a corner lot shall not violate the 20-foot vision clearance triangle as specified in § 151.205.
      (2)   In no instance shall a fence extend beyond the property line or be constructed higher than 6 feet above the finished grade of the lot. (A lower height fence may be required as described under division (E) below.).
      (3)   Fencing shall be installed at least 3 feet from a utility pedestal or electrical transformer and not completely enclose them.
      (4)   Requirements specified under divisions (C)(1) through (C)(3) above and the specific restrictions specified under divisions (E) through (G) below are applicable to site landscaping such as hedges, trees, and shrubbery.
      (5)   Fencing for residential swimming pools shall comply with the barrier requirements specified in the International One- and Two-Family Dwelling Code, as administered by the Washington County Building Services Division.
      (6)   The use of barbed wire, electric fencing (above grade), or other types of injury causing fencing material shall be prohibited in the residential and CF Zones.
   (D)   Specific front and street side yard fence restrictions.
      (1)   A fence located in a required front yard or street side yard shall not exceed 3.5 feet in height measured from the original finished grade of the lot, except as provided in (D)(2) below.
      (2)   Street side yards of corner lots may have a 6-foot fence or hedge installed in the street side yard, provided the following requirements are satisfied.
         (a)   The street intersection for the corner lot shall be controlled by stop signs on at least 1 of the intersecting streets.
         (b)   A minimum clear sight distance of up to 250 feet measured from the street intersection along the side yard street shall be provided for a street with a speed limit of 25 mph. For streets with higher speed limits, the minimum clear sight distance shall be equal to 10 times the legal speed of the street.
         (c)   Driveway access is allowed in the street side yard on the subject property or abutting lot so long as such access is not obscured by a fence.
   (E)   Specific side and rear yard fence restrictions. Fences located within a required side or rear yard shall not exceed 6 feet in height as measured from the ground on either side of the fence. The fence may be located on the common lot line.
   (F)   Through lot fence restrictions. In the case of a through lot, the yard facing the rear of the house may be considered a rear yard for fence height purposes, provided there is no driveway access from the rear yard and the minimum clear sight distance for adjacent driveways on either side of the lot is maintained as required under division (D)(3)(b) above. See the illustration in § 151.009.
   Figure 3.5-A Fence Height in Front and Street Side Yards
 
   Figure 3.5-B Corner Lots Having Abutting Street Side Yards
 
   Figure 3.5-C Corner Lot Having Street Side Yard Abutting Neighbor's Front Yard
 
(Ord . 2021- 08- 02, pass ed 10- 12- 2021)
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