Myrtle Point City Zoning Code

   This section establishes standards for landscaping, fences, screening walls and outdoor lighting. It is intended to protect public health and safety, while maintaining compatibility with adjacent land uses and thereby protecting property values.

(Ord. 1267, passed 1-3-2012)

   (A)   Section 153.157 establishes minimum landscape requirements. It applies to new developments subject to site plan review.

   (B)   Section 153.158 applies when a fence or wall is to be erected, extended or otherwise altered; it also applies in all situations where this chapter requires screening or buffering (e.g., around outdoor or unenclosed storage or uses).

   (C)   Section 153.159 applies to all new outdoor lighting.

   (D)   The Planning Commission may adjust the standards of this subchapter by reducing the amount or changing the type of screening, buffering or lighting required where it determines that the adjustment is consistent with the purpose in § 153.155.

(Ord. 1267, passed 1-3-2012)

   (A)   Landscape area standard. Developments subject to site plan review shall contain landscaping, which shall be equal to or greater than 10% of the developed area of the site. Such landscaping shall consist of at least 50% planted area and conform to the standards in division (B) below.

   (B)   Landscape standards.

      (1)   Myrtle trees. Credit toward meeting landscape area requirement shall be given where one or more mature Myrtle tree(s) in good health is (are) incorporated into a required landscape area and the proposed development plan adequately protects said trees. In such cases, the Planning Commission may award credit at a ratio of one to two; so that for every one square foot of site area reserved for existing Myrtle trees (as measured under a tree’s drip line), a credit of up to two square feet of required landscape area may be awarded. Where credit is awarded, the Planning Commission may require the property owner to record a tree conservation easement, which shall run with the land.

      (2)   Commercial Core streetscape. For the purpose of this division (B)(2), the Commercial Core is depicted in Figure 153.157(a) and includes parcels fronting each side of Spruce Street. Streetscape standards within the Core are as follows:

         (a)   Landscaping in the Commercial Core shall generally consist of street trees and planter containers, window boxes and/or similar landscape areas that complement the streetscape, do not obstruct pedestrians and are easily maintained. See Figure 153.157(a).

         (b)   The street right-of-way shall provide for a 4-foot wide pedestrian through zone, a four-foot wide amenity zone (trees lights, planters, benches and the like), an eight-foot parking zone with sidewalk/curb extensions at intersections and a 12-foot vehicle travel lanes on each side of the street.

   Figure 153.157(a) Commercial Core Area Boundary

         (c)   The Planning Commission may grant credit toward meeting the 10% landscape area requirement in division (A) above for projects within Commercial Core where a pedestrian plaza is incorporated into the site plan. A pedestrian plaza may consist of a widened sidewalk adjacent to a storefront (e.g., within a private front yard) or a seating area/courtyard within a side or rear yard. In such cases, the Planning Commission may award credit at a ratio of one to two; so that for every one square foot of site area improved as a pedestrian plaza (e.g., with pavers, plant containers and bench/seating), a credit of up to two square foot may be awarded. Where credit is awarded, the Planning Commission may require the property owner to record a public access easement (e.g., plaza adjacent to a sidewalk), which shall run with the land.

   Figure 153.157(b) Commercial Core Area Streetscape Standards

      (3)   Parking lot landscaping. Parking lots shall be landscaped as follows. See also Figure 153.157(c).

         (a)   An area equal to 10% or more of the paved parking surface shall be landscaped. Landscaping shall be distributed to provide a partial tree canopy over parking area and to provide a buffer along the parking area perimeter.

         (b)   The tree species shall be selected from those that are listed by the Oregon State University extension service, or other credible reference, and which are deemed suitable for the local climate. Such trees shall not be listed as noxious or invasive species and shall not conflict overhead utilities (See Pacific Power guidelines), not cause damage to pavement or underground utilities, and not bear fruit or seeds that would damage property or create a hazard.

         (c)   Trees shall be planted at least two feet from any curb or paved area. Where trees are planted in sidewalk tree wells, root barriers shall be installed with the trees.

         (d)   The landscaped area shall be planted with shrubs, grass or living groundcover to assure 90% coverage within two years.

         (e)   The portion of a required landscaped yard, buffer strip or screening strip abutting parking stalls, when planted in accordance with the requirements of this section, may be counted toward required parking lot landscaping.

         (f)   Parking lot landscaping shall be protected from damage by a secured wheel guards to prevent vehicles entering into landscaped areas.

   Figure 153.157(c) Parking Lot Landscaping

      (4)   Plant selection. New development shall contain a combination of evergreen and deciduous trees, shrubs and ground cover plants, the selection of which shall be based on all of the following criteria.

         (a)   Only plants that are appropriate to the local climate, exposure and water availability. The presence of utilities and drainage conditions shall also be considered. The city may rely on the Oregon State University extension service bulletins, Pacific Power tree planting guides and similar sources in evaluating landscape plans.

         (b)   Trees shall be no less than two-inch caliper for street trees and one and one-half inch caliper for other trees at the time of planting. Trees to be planted under or near power lines shall be selected so as to not conflict with power lines at maturity.

         (c)   Shrubs shall be planted from two-gallon containers, minimum, and shall be spaced in order to provide the intended canopy cover within two years of planting; larger containers may be required where the purpose of the shrubs is to provide screening.

         (d)   Where practical, use plants that are indigenous to the local area and that are suited to developed areas; for example, where practical, existing mature Myrtle trees that are in good health should be retained with development.

         (e)   Selected plants shall have root and canopy growth characteristics that avoid conflicts with utilities.

         (f)   Natural vegetation shall be retained where practical, provided it does not conflict with clear vision requirements and utilities.

         (g)   Landscape materials shall be used to screen pedestrian walkways and from vehicle circulation and parking areas; plants shall not obstruct pedestrian ways.

         (h)   Landscape plans shall 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.

         (i)   Deciduous trees should be used where summer shade and winter sunlight is desirable.

         (j)   Landscape plans shall use a combination of plants for year-long color and interest.

         (k)   Where applicable, denser concentrations of landscaping shall be used to screen outdoor storage and mechanical equipment areas and to stabilize graded areas such as cuts and fills, berms, swales and stormwater retention areas.

         (l)   When new vegetation is planted, soils shall be amended and irrigation provided, as necessary, until the plants are able to grow on their own.

   (C)   Screening requirements. Screening is required for outdoor storage areas, unenclosed uses and parking lots and may be required in other situations as determined by the Planning Commission through site plan review. Landscaping shall be provided pursuant to the following standards and as generally illustrated in Figure 153.157(d).

      (1)   Outdoor storage and unenclosed uses.

         (a)   All areas of a site containing or proposed to contain outdoor storage of goods, materials, equipment and vehicles (other than required parking lots and service and delivery areas, per site plan review), and areas containing junk, salvage materials or similar contents, shall be screened from view from adjacent rights-of-way and residential uses by a sight-obscuring fence, wall, landscape screen or combination of screening methods.

         (b)   See also § 153.158 for related fence and wall standards.

      (2)   Parking lots.

         (a)   The edges of parking lots shall be screened to minimize vehicle headlights shining into adjacent rights-of-way and residential yards.

         (b)   Parking lots abutting sidewalk or walkway shall be screened using a low-growing hedge or low garden wall; provided, that such screening shall not exceed four feet in height.

      (3)   Other uses where requiring screening. The Planning Commission may require screening in other locations where it determines it is in the public interest.

   Figure 153.157(d) Screening of Outdoor Storage and Unenclosed Uses

   (D)   Maintenance. For public health and safety, screening shall be maintained in good condition, or otherwise replaced by the property owner.

(Ord. 1267, passed 1-3-2012)

   (A)   Height.

      (1)   Residential uses. Fences and freestanding walls (i.e., exclusive of building walls) for residential uses shall not exceed the following height above grade, where grade is measured from the base of the subject fence or wall:

         (a)   Within front or street-side yard setback: four feet; except the following additional height is allowed.

            1.   A fence may be constructed to a maximum height of six feet where the fence is of open chain link or other “see-through” composition that allows 90% light transmission.

            2.   One incidental garden structures (e.g., arbor or gate) not exceeding eight feet in height and six feet in width is allowed within a front or street-facing yard provided it does not encroach into a required clear vision area.

         (b)   Within an interior side or rear yard setback: six feet, provided, however, the fence or wall height, as applicable, shall not exceed the distance from the fence/wall line to the nearest primary structure on an adjacent property.

      (2)   Nonresidential uses. Fences and freestanding walls (i.e., exclusive of building walls) for nonresidential uses shall not exceed the following height above grade, where grade is measured from the base of the subject fence or wall:

         (a)   Within front or street-side yard setback: four feet, except the following additional height is allowed for properties not located within the Commercial Core Area, as illustrated by Figure 153.157(a).

            1.   A fence or wall may be constructed to a maximum height of six feet where the fence is setback behind the front/street side property line behind a five-foot landscape buffer.

            2.   A fence or wall may be constructed to a maximum height of eight feet where the fence is setback behind the front/street side property line behind a ten-foot landscape buffer.

            3.   Where approved by the Planning Commission, a fence constructed of open chain link or other “see-through” composition that allows 90% light transmission may reach a height of up to eight feet.

         (b)   Within an interior side or rear yard setback: eight feet, provided, however, the fence or wall height, as applicable, shall not exceed the distance from the fence/wall line to the nearest primary structure on an adjacent property.

      (3)   All zones. Fences and walls shall comply with the vision clearance standards of § 153.141(K). The allowable height of a fence or wall may be restricted to less than the dimensions under division (A)(2) above to maintain required sight distance at a street intersection or driveway approach.

   (B)   Materials.

      (1)   Permitted fence and wall materials include weather-treated wood; untreated cedar and redwood; metal (e.g., chain link, wrought iron and similar fences); bricks, stone, masonry block, formed-in-place concrete or similar masonry; vinyl and composite (e.g., recycled) materials designed for use as fencing; and similar materials as determined by the Planning Commission. In addition, evergreen hedges may be considered screening walls for the purpose of this subchapter, subject to Planning Commission approval.

      (2)   Prohibited fence and wall materials include: straw bales, tarps, barbed or razor wire (except in Heavy Industrial Zone); scrap lumber, untreated wood (except cedar or redwood), corrugated metal, sheet metal and scrap materials; dead, diseased or dying plants; and materials similar to those listed herein.

   (C)   Permitting. Projects subject to site plan review are required to include information on proposed fences and walls, if any, and a building permit may be required for certain fences and walls, per applicable building codes.

   (D)   Maintenance. For public health and safety, walls and fences shall be maintained in good condition or otherwise removed or replaced by the property owner.

(Ord. 1267, passed 1-3-2012) Penalty, see § 153.999

   (A)   General requirements. This section is intended to provide adequate levels of outdoor lighting while minimizing negative impacts of light pollution.

   (B)   Applicability. All outdoor lighting shall comply with the standards of this section. The Planning Commission may require installation of lighting, or limit certain types of lighting, as a condition of land use or development approval for security purposes or to maintain privacy and compatibility between different land uses.

   (C)   Standards.

      (1)   Light poles shall not exceed a height of 20 feet. This limitation does not apply to flag poles and streetlights.

      (2)   Except as provided for up-lighting of flags and permitted building-mounted signs, all outdoor light fixtures shall be directed downward to preserve the night sky (celestial views).

      (3)   Lighting shall be shielded to minimize light spillover onto adjacent properties.

      (4)   Lighting shall be installed where it will not obstruct public ways, driveways or walkways.

      (5)   Lighting placed over a sidewalk or walkway shall maintain a minimum vertical clearance of eight feet and an unobstructed width (pedestrian through zone) of at least 36 inches.

   (D)   Adjustments. The Planning Commission, through site plan review, may approve adjustments to the above standards. In approving an adjustment, the Planning Commission must find that the proposed lighting is necessary for security and does not unduly impact adjacent residential uses or pose a hazard to public health or safety.

   (E)   Permitting. A building permit may be required for certain electrical connections, per applicable building codes.

   (F)   Maintenance. For public health and safety, outdoor lighting shall be maintained in good condition or otherwise replaced by the property owner.

   (G)   Materials and installation. Lighting shall consist of materials approved for outdoor use and shall be installed according to the manufacturer’s specifications.

(Ord. 1267, passed 1-3-2012)