A. No more than six connected single-family attached dwellings that share a common wall are allowed.

A. Reviewing Authority.

A. General Requirements.

A. A new building is hereafter erected or enlarged; or

A. Purpose. This section is intended to improve the comfort, safety and appearance of streets through the appropriate use of street trees. The standards in this section supplement, but do not replace, the provisions of Chapters 18.105 and 18.135 TMC.

B. Plantings. Street trees shall be planted in planter strips on all arterial and collector streets, for all developments that are subject to land division or site design review, except that street trees may be planted in planter wells as provided in subsection (E) of this section. Street trees are encouraged, but not required, for local streets. When provided on local streets, street trees shall be in planter strips. Additional requirements for tree planting are provided in TMC 18.105.030. Planting on unimproved streets shall be deferred until the construction of curbs and sidewalks.

A. No movable sign or bench sign shall be permitted except as may be otherwise permitted by TMC 18.120.040 or 18.120.060.

B. No flashing signs shall be permitted.

A. Application. Applications for the temporary use permit shall be filed with community development and shall include:

A. Setback Measurements. All setback measurements shall be made from the property line to the building or nearest projection thereof and shall be unobstructed from the ground upward, except as specifically provided herein.

B. Projections into Required Setbacks and Exceptions to Setback Requirements. Every part of a required setback shall be open and unobstructed from the ground upward, except for the following:

C. Storage Yards.

D. Setback Requirements for Property Abutting Future Street Right-of-Way.

A. Limitations and General Exceptions. Structures exceeding the maximum height allowed in each zone shall be permitted only as a conditional use. Building height as defined in Chapter 18.15 shall not apply to chimneys, spires, aerials, flagpoles, solar energy collectors and necessary mounting or operational equipment, utility poles, or other similar objects not used for human occupancy. Barns and silos are permitted subject to written approval by the city or district fire chief. Buildings and other objects cited in this section should address solar standards in Chapter 18.125 TMC.

B. Building Height Transition. To provide compatible building scale and privacy between developments, buildings in any zone that exceed 30 feet or two and one-half stories, whichever is less, shall provide additional setbacks or “step-downs” adjacent to lower-density residential development.

A. Standards and Specifications. Public facility and service improvements (hereinafter called “improvements”) required as a condition of development under this title will be at least the equivalent of the standards and improvements set forth in TMC 17.10.020 and 17.20.020, except as otherwise provided by this title. In the absence of adopted improvement specifications, the city shall determine the specifications of improvements to be installed for each development, but the specifications to be at least equal to the most recent Oregon A.P.W.A. standard specifications of public works construction. If the improvements are to be constructed within the right-of-way under the jurisdiction of an entity other than the city of Talent, that entity shall have the right to determine the standards and design to be imposed. If the entity having jurisdiction within the right-of-way determines that it will not set standards and specifications, the city will do so.

B. Review Process. The applicant shall submit a copy of the plans and specifications for improvements to the city and shall submit to the entity the necessary permits to construct the improvements. Plans prepared in accordance with the standards and specifications set by the city shall be submitted to the engineer of the city’s choice for approval or comment, at applicant’s expense. Thereafter, the plans, if they are for improvements within a public right-of-way and are to become the city’s responsibility, shall be submitted to the city council for its approval or rejection.

C. Inspections. Whenever the city is to accept responsibility for or jurisdiction of the required improvements and the entity having jurisdiction of the right-of-way will not conduct inspection of the construction work, an engineer engaged by the city will do the inspections at applicant’s expense. However, if the city council determines that the nature and size of the improvements justify it, the applicant, in lieu of utilizing the city’s engineer for inspections, may employ his own engineer who shall make inspection in accordance with a list of construction tests to be met at specified events in the course of the construction process; and, in such event, the list shall be approved by an engineer engaged by the city but need not be prepared by him.

D. Acceptance by the City. Before the city will accept responsibility for or jurisdiction of the improvements, the applicant shall deliver to the city in approved form the following:

E. Miscellaneous Tasks of the City Engineer. The city, with advice of an engineer engaged by it, shall establish bonding amounts, and the city may in any event engage an engineer to conduct inspections necessary to protect the interests of the city.

F. Reimbursement for Engineering and Attorney Services. The applicant shall reimburse the city for any work prescribed herein, and conducted by the city’s engineer and attorney. [Ord. 966 § 2 (Exh. B), 2021; Ord. 817 § 8-3J.135, 2006.]

A. Conformance with Chapter Provisions. No building permit or certificate of use of occupancy shall be issued where such construction, addition or alteration or the use thereof would fail to meet or would be in violation of any provisions of this title.

B. Plot Plan. No building permit shall be issued unless the application is accompanied by a sketch showing at least all of the following:

More information may be required with a building permit application as required in various chapters of this title. [Ord. 966 § 2 (Exh. B), 2021; Ord. 817 § 8-3J.140, 2006.]

A. Building Inspector. The building inspector for the city shall have the authority to enter any building or upon any premises for the purpose of investigation and inspection; provided, however, that no dwelling shall be so entered without consent of the occupant unless a 24-hour notice of intention to enter shall have been served upon such occupant.

B. City Attorney. The city attorney, upon request of the city council, shall institute any necessary legal proceedings to enforce the provisions of this title.

C. Chief of Police. The chief of police and his authorized representatives shall have the authority, upon request of the city council, to assist in the enforcement of the provisions of this title. [Ord. 966 § 2 (Exh. B), 2021; Ord. 817 § 8-3J.163, 2006.]

A. The provisions of this chapter shall not apply to:

B. The provisions of this chapter shall apply to:

C. Any building or structure containing one or more residential dwelling units that is moved to the city, relocated within the city, or where the floor area is increased by 50 percent or more shall be made to conform to the requirements of this chapter and to the minimum standards for the construction of that type of dwelling that are in effect at the time of subject action or activity.

D. Any residential dwelling unit or residential structure that is subject to the requirements of this title shall be brought into compliance with all applicable requirements prior to occupancy of that dwelling and in no case shall a dwelling unit remain uninhabitable longer than six months. [Ord. 967 § 2 (Exh. B), 2021; Ord. 817 § 8-3J.220, 2006.]

A. The location of any particular type of residential structure is controlled by the provisions of each zoning district and specified in the lists of permitted and conditional uses in Division III of this title.

B. All proposed residential land uses in the city of Talent shall be reviewed for compliance with this chapter prior to issuance of a building permit or, in the case of a manufactured home, a manufactured home placement or installation permit, unless exempted from compliance with this chapter under TMC 18.95.020(A). [Ord. 967 § 2 (Exh. B), 2021; Ord. 817 § 8-3J.230, 2006.]

A. Garages or Carports. If provided, a garage or carport shall be accessed by a driveway with a minimum width of 10 feet meeting the standards of TMC 18.110.115(E) and 18.115.060(J).

B. Accessory structures shall meet all setback and building coverage requirements for the zone. However, up to two accessory structures with a combined total area of 200 square feet or less are not required to have rear or side yard setbacks, provided such structures shall be placed at least 40 feet from any right-of-way, shall not exceed 10 feet in height and shall not exceed 20 feet in any horizontal dimension. Storm water from the roof of the exempted structures shall not flow onto the neighboring property. No accessory structure excepted under this provision shall be used as an apiary or for the keeping of livestock, including the housing of bees, swine, horses, chickens or rabbits. Conversion of an accessory structure constructed after the effective date of the ordinance codified in this chapter into an accessory dwelling unit under Chapter 18.165 TMC is prohibited unless in compliance with the zone’s standard setbacks and building code. Maintenance of accessory structures without yard setbacks shall be the responsibility of the structure’s property owner. [Ord. 967 § 2 (Exh. B), 2021; Ord. 868 § 1, 2013; Ord. 817 § 8-3J.240, 2006.]

A. No more than six connected single-family attached dwellings that share a common wall are allowed.

B. Garages on the front facade and driveway accesses in front of a single-family attached dwelling are only permitted in compliance with the following standards:

C. As an alternative to compliance with subsection (B) of this section, garages, driveways and parking areas for single-family attached dwellings may be located on the back facade or in the rear yard and accessed from a consolidated access.

A. The exterior finish of the structure must be the same for both units.

B. The eaves must be uniform for the entire structure.

C. The window and door trim must be the same in type, size, and location for the entire structure.

D. Windows must match in proportion and orientation for the entire structure.

E. For duplexes on corner lots, each entrance is required to face a separate street frontage. Where an existing house is being converted, one main entrance with internal access to both units is allowed.

F. For duplexes facing one frontage, only one entrance is required to face the frontage. [Ord. 967 § 2 (Exh. B), 2021.]

A. The main entrance for at least one unit in a triplex or quadplex shall face the street frontage.

B. If parking is provided in garages along the front facade of the triplex or quadplex, the garages and driveway accesses cumulatively shall not exceed 50 percent of the width of the front facade, and the garage(s) shall not extend closer to the street than the furthest forward living space on the street-facing facade. Access and driveway design shall comply with standards in TMC 17.10.060.

C. If parking is provided in an off-street parking area, the parking and vehicle use areas shall be located behind or beside buildings and structures, such that no more than 50 percent of the lot width shall be occupied by parking or vehicle use areas at the setback line. Parking areas shall not be located between buildings and the street. [Ord. 967 § 2 (Exh. B), 2021.]

A. Size. The manufactured home shall enclose a space of not less than 300 square feet.

B. Foundation. The manufactured home shall be placed on an excavated and back-filled foundation and enclosed at the perimeter such that the manufactured home is located not more than 12 inches above grade.

C. Nothing in this section shall allow a manufactured home to be placed on residential land immediately adjacent to a designated historic landmark or historic resource as defined in Chapter 18.175 TMC, or any other property with a historic designation for tax or assessment purposes, unless it is consistent with Old Town design standards of Chapter 18.140 TMC. [Ord. 967 § 2 (Exh. B), 2021.]

A. When a dwelling unit, regardless of type or size, is removed from its site, the owner of the property shall, within 60 days of the dwelling’s removal, ensure the removal of all foundations, supports, blocks, piers, and other materials that will not be necessary for the future development and use of the property and that may, in the interim, be a hazard or neighborhood nuisance, or an eyesore that may adversely affect the community’s or the neighborhood’s appearance.

B. Following removal of a dwelling from its site, the owner of the property shall immediately disconnect all utility services to the property, cap the sewer connection and well or other water source and cover or fill an excavation or basement that may be a hazard.

C. Should the property owner fail within 60 days after the removal of the dwelling to perform the requirements of subsections (A) and (B) of this section, the city of Talent is authorized to perform the work and thereafter record a lien against the real property. Prior to the initiation of the work, the city of Talent shall deliver or mail by certified mail notice to the last known address of the owner specifying that the work will be initiated by the city of Talent within 10 days from the date of the notice and that the cost will be liened against the property unless the owner, within the 10-day period, initiates the work described in subsections (A) and (B) of this section. [Ord. 967 § 2 (Exh. B), 2021; Ord. 817 § 8-3J.250, 2006.]

A. Purpose and intent. It is the policy of the city of Talent to provide for multiple-family dwellings that provide diverse housing options with units to accommodate a range of household sizes and income ranges; incorporate good site and building design; contribute to livability, safety, and sustainability; create a stronger community; and foster a quality environment for residents and neighbors.

The guidelines and standards are intended to achieve the following principles that the city encourages for multiple-family development:

A. Applicability. The design standards and design guidelines in this chapter apply to all multiple-family dwellings in any zoning district.

B. Review Process. An applicant for multiple-family dwellings may elect to use either the objective or discretionary process. The objective process uses clear objective standards that do not require the use of discretionary decision-making. The discretionary process uses design guidelines that are more discretionary in nature and are intended to provide the applicant with more design flexibility.

A. Building Orientation and Entrances.

B. Building Mass and Facade.

C. Building Design.

D. Building Articulation. To preclude large expanses of uninterrupted wall surfaces, exterior elevations of buildings shall incorporate design features such as offsets, projections, balconies, bays, windows, entries, porches, porticos, or similar elements. These features shall vary from the other wall surfaces by a minimum of two feet, and shall have a minimum width of six feet.

E. Roofline Modulation. To increase visual interest and break up large expansive roof lines, flat roofs, and the roof ridges of sloping roofs, shall not exceed a horizontal length of 75 feet without providing differences in elevation of at least four feet in height. Alternatively, the building may be designed with a cross gable or dormer at least four feet wide or a cornice that is a minimum of eight inches tall and a minimum of three inches beyond the face of the facade.

F. Common Open Space. Common open space shall be provided in all newly constructed multiple-family developments as follows:

G. Off-Street Parking Areas.

H. Pedestrian circulation shall comply with the standards of TMC 18.115.030.

I. Screening. Mechanical and communication equipment and outdoor garbage and recycling areas shall be screened so they are not visible from streets and other ground-level private open space and common open spaces.

A. Building Orientation and Entrances. Buildings shall be located with the principal facade oriented to the street or a street-facing open space such as a courtyard. Building entrances shall be well-defined and easily identifiable.

B. Building Mass and Facade. The development shall be designed to reinforce human scale and incorporate transparency through appropriately placed windows that do not compromise residents’ privacy.

C. Building Design.

D. Building Articulation. The appearance of building bulk shall be minimized by incorporating changes in wall planes, layering, horizontal datums, vertical datums, building materials, color, and/or fenestration to create simple and visually interesting buildings.

E. Roofline Modulation. Building roofs shall be modulated to provide variety and contribute to residential character of the neighborhood.

F. Common Open Space. The development shall provide sufficient open space for the purpose of outdoor recreation, scenic amenity, or shared outdoor space for people to gather.

G. Parking Areas. Vehicle parking shall be integrated into the site in a manner that does not detract from the design of the building, the street frontage, or the site. Parking areas shall be located to minimize their visibility from the public right-of-way.

H. Pedestrian Circulation. Site design shall promote safe, direct, and usable pedestrian facilities and connections throughout the development and to adjacent streets and pedestrian facilities.

I. Screening. Mechanical equipment, garbage collection areas, and other site equipment and utilities shall be screened so they are not visible from the street and open spaces. Screening shall be visually compatible with other architectural elements in the development. [Ord. 966 § 3 (Exh. C), 2021.]

A. Purpose and Intent. It is the policy of the city of Talent to provide for cluster housing that allows more flexible development as an alternative to traditional housing types. Cluster housing is intended:

A. Authorization for Cluster Housing by Zoning District. Cluster housing is permitted in residential districts as permitted by individual zoning districts.

B. Approval Process.

C. Systems Development Charges. For the purposes of calculating systems development charges (SDCs), cluster dwellings shall be regarded as apartments and all SDCs shall be assessed accordingly, except the following modifications will be factored into the calculations:

A. Applicability. Where there is a conflict between these standards and standards elsewhere in the code, the cluster housing standards shall apply.

B. Permitted Housing Types.

C. Dimensional Standards.

D. Density.

E. Open Space. Cluster housing developments shall provide and maintain at least one common open space per cluster for the use of all occupants. The open space shall have the following characteristics:

F. Siding and Roofing Requirements. Cluster dwellings shall comply with siding and roofing standards in TMC 18.95.040.

G. Existing Dwelling Unit On-Site. One existing single-family dwelling incorporated into a cluster housing development that does not meet the requirements of this chapter is permitted to remain on a site developed for cluster housing and shall be considered a dwelling in the development. The existing single-family dwelling unit shall not be part of the average gross floor area calculations. [Ord. 966 § 3 (Exh. C), 2021.]

A. Trees benefit the public health, safety, and welfare by protecting air and water quality, preventing erosion and flooding, reducing energy costs, increasing property values, and providing natural beauty and contrast to the built environment which contributes to the physical and mental well-being of residents;

B. Trees provide both shade and shelter in riparian areas which are essential for aquatic and land-going species;

C. Trees enhance the local economy and increase property values by providing an attractive and aesthetically pleasing environment;

D. Undeveloped or development property should be protected from unregulated removal of trees prior to the approval of development plans. Trees on such properties should be preserved so that they may be considered for incorporation into development plans. [Ord. 918 § 2 (Exh. A), 2016; Ord. 817 § 8-3J.300, 2006.]

“Arborist” means a person who has met the criteria for certification from the International Society of Arboriculture or American Society of Consulting Arborists, and maintains his or her accreditation.

“Commercial wood lot” means parcels or lots which meet the following criteria on the effective date of the ordinance codified in this chapter:

“Community development director” means the city of Talent community development director, or his/her designee.

“Critical root zone” or “CRZ” means a circular area determined by either of the following methods. The method used shall be indicated on the plans.

“Dead” means the tree is obviously lifeless without any live leaves, needles or buds.

“Diameter at breast height” or “dbh” means the diameter of the tree measured in inches at four and one-half feet above ground level. For trees with multiple trunks, dbh shall be measured at the narrowest point between ground level and the point where the trunk diverges, or shall be the sum of the diameters of the two largest trunks at breast height, whichever is smaller. All measurements shall be rounded to the nearest inch.

“Dying” means the tree is in an advanced state of decline because it is diseased, infested by insects or rotting and cannot be saved by reasonable treatment or pruning, or must be removed to prevent spread of the infestation or disease to other trees.

“Hazardous tree” means the condition or location of the tree presents a clear public safety hazard or a foreseeable danger of property damage to an existing structure and such hazard or danger cannot reasonably be alleviated by treatment or pruning.

“Heritage tree” means any deciduous tree 28 inches in diameter or larger or any conifer tree 32 inches or larger which is not a hazardous tree as defined above. Exception: Japanese maple and dogwood trees with a diameter greater than eight inches are considered heritage. Deciduous and conifer trees may include but are not limited to the following:

“Impacted tree” means a significant tree whose critical root zone will be impacted by proposed development. Impacts include, but are not limited to, fill, cuts, soil compaction, paving, placement of structures, stockpiling of soil, utility trenching and other activities that may impact the health and viability of the tree.

“Public tree” means a tree or woody plant with its base located within or adjacent to a public right-of-way or any tree or woody plant within a city park, or other publicly owned property. Public trees include trees within existing planting strips or sidewalk tree wells. Public trees typically have a single trunk at least two inches in diameter at a point six inches above the mean ground level at the base of the trunk.

“Remove” means:

“Significant tree” means any deciduous tree 15 inches in diameter or larger or any conifer tree 18 inches or larger which is not a hazardous tree as defined above. Exception: Japanese maple and dogwood trees with a diameter greater than one inch are considered significant. Deciduous and conifer trees may include but are not limited to the following:

“Topping” means the severe cutting back of limbs to stubs larger than three inches in diameter within the tree’s crown to such a degree so as to remove the normal canopy and disfigure the tree.

“Tree” means any significant tree or tree within a designated wetland or riparian area setback as defined by TMC 18.85.030(C). [Ord. 918 § 2 (Exh. A), 2016; Ord. 817 § 8-3J.310, 2006.]

A. City sanctioned activities that intend to increase overall well-being of the environment and the lives of those who live in Talent.

B. Removal of dead or dying trees.

C. Activities associated with tree trimming for safety, as mandated by the Oregon Public Utilities Commission. Tree trimming shall be done by a certified arborist, journeyman tree trimmer, or party designated by the community development director. [Ord. 918 § 2 (Exh. A), 2016; Ord. 817 § 8-3J.320, 2006.]

A. A person seeking to remove one or more trees shall apply for a tree removal permit Type A, B, C, or D, depending on the applicable standards as provided in this chapter.

B. By submission of an application, the applicant shall be deemed to have authorized city employees, representatives, or consultants to have access to applicant’s property after providing 24 hours’ notice as may be necessary to verify the information provided, to observe site conditions, and, if a permit is granted, to verify that terms and conditions of the permit are followed.

C. Time of Application. Application for a tree removal permit shall be approved before removing or transplanting significant trees except in emergency situations where immediate action must be taken to ensure public safety, or imminent property damage. See TMC 18.100.030 for exemptions. Where the site is proposed for development necessitating site plan or tentative plat review, application for a tree removal permit shall be made concurrent with subdivision, partition, site plan review, or other development application as specified in this chapter.

D. Fees. A person applying for a tree removal permit shall pay an application fee, as established by resolution of the city council. [Ord. 918 § 2 (Exh. A), 2016; Ord. 817 § 8-3J.330, 2006.]

A. Reviewing Authority.

B. Timeline and Notice – Review Period for Complete Applications.

C. Conditional Approval. Whenever an application for a tree removal permit is granted, the community development director may attach to the permit any reasonable conditions considered necessary to ensure compliance with applicable standards.

D. Tree removal permits and tree surveys shall be valid for a period not to exceed three years. [Ord. 918 § 2 (Exh. A), 2016; Ord. 817 § 8-3J.340, 2006.]

A. Type A Permit.

B. Type B Permit.

C. Type C Permit.

D. Type D Permit. The owner or operator of a commercial wood lot shall apply and receive approval for a Type D permit before beginning harvesting operations of more than three trees within any 12-month period. Type D permit applications shall be reviewed by the community development director.

A. Requirement Established. Type B or C tree removal permit grantees shall plant one replacement tree for each significant tree removed in excess of the tree that could otherwise be removed under a Type A permit. Type D permit grantees shall mitigate nonfir trees as required by subsection (B) of this section. Mitigation is not required for removal of hazardous, dead, or dying trees.

B. Heritage trees shall be mitigated based on the following methodology:

Replacement trees = 1 + (A – Q)

Where:

A = Actual dbh of the tree in question.

Q = Minimum dbh for this species to qualify as a heritage tree.

C. Replacement Trees. Trees planted as mitigation must meet all of the following standards:

D. Alternatives to On-Site Mitigation.

E. Trees preserved or planted as mitigation may be used to fulfill the landscaping requirements as set forth in Chapter 18.105 TMC.

F. To encourage the retention of established trees which do not yet meet the definition of a significant tree, credit towards mitigation requirements shall be given on a tree-for-tree basis for preservation of the following healthy, structurally sound trees. If such trees are to be used towards meeting the mitigation requirements of this section, required tree preservation and planting plans shall include the size, species, and location of these trees, and these trees shall be given the protections in accordance with TMC 18.100.080 and shall then be considered significant trees. Trees located within the floodplain, parks, and greenway zone (OFPG) may not be counted towards required mitigation.

A. All trees to be protected must be clearly differentiated from those being removed by clearly marking trees to be removed in an obvious visible manner such as bright-colored paint, ribbon, etc.

B. Protective Barrier. Before development, vegetation removal, filling, or any land alteration for which a tree removal permit is required, the developer shall erect and maintain suitable barriers to prevent damage to remaining trees. Barriers shall be erected at the edge of the critical root zone of trees to be preserved. Protective barriers shall not be moved and shall remain in place until the city authorizes their removal or issues a final certificate of occupancy, whichever occurs first. At a minimum, barriers shall consist of 48-inch-high heavy duty, high visibility plastic fencing, or silt fencing, attached to anchored metal or wooden posts.

C. Prior to commencement of ground-disturbing activities, the applicant shall request and receive an inspection of all tree protection barriers to ensure that the approved tree removal plans are accurately implemented on the ground. All inspection requests shall provide a minimum of 24 hours’ notice.

D. Construction near Preserved Trees. No person may conduct any construction activity damaging to a tree designated to remain, including, but not limited to, placing solvents, building material, construction equipment or depositing soils within the tree protection zone, attaching fencing or other items to trees, using trees as anchors, or placing irrigated landscaping within the protective barrier.

E. Where trees are removed from within the CRZ of a tree to remain, the removal shall be done by cutting the tree near the ground and grinding the stump or leaving it in place. Removal of trees or stumps within the CRZ of a protected tree by pushing trees down or pulling trees and/or stumps out of the ground is prohibited. [Ord. 918 § 2 (Exh. A), 2016; Ord. 817 § 8-3J.370, 2006.]

A. No tree removal permitted as a Type B, C, or D permit shall take place until the applicant has received a notice to proceed from the city engineer on public improvements. When no public improvements are proposed, tree removal shall not occur until building permits have been issued. The community development director may make exceptions to this requirement when warranted due to extenuating circumstances or when no such permits are necessary.

B. For applicants seeking a Type B permit to remove trees independent of site improvements, no tree removal shall take place until tree protection measures have been inspected and approved by the community development director.

C. Inspection and approval of all required tree protection measures by the community development director are required prior to tree removals permitted as Type B, C, and D permits.

D. Forty-eight hours prior to tree removal, a copy of the tree removal permit shall be prominently displayed on the subject property and shall remain on display at all times while tree removal operations are being conducted.

E. All required mitigation shall be completed within one year of the removal. [Ord. 918 § 2 (Exh. A), 2016; Ord. 817 § 8-3J.380, 2006.]

A. Any person found to have removed a significant tree in violation of this chapter shall incur a penalty of not more than $1,000 nor less than $250.00 per violation.

B. Any person found to have removed a heritage tree in violation of this chapter shall incur a penalty of not less than the value of the tree according to TMC 18.100.070(D) plus no less than $500.00 for each heritage tree removed.

C. Failure to comply with any condition of the permit issued to the applicant shall constitute a violation of this chapter and shall subject the applicant to a fine of not more than $1,000, nor less than $500.00. Any fines collected by the city under this section shall accrue to the city tree fund.

D. Each tree removed in violation of this chapter or any permit issued pursuant to this chapter shall constitute a separate violation.

E. Each tree that the applicant fails to replant or replace as required by the terms of the permit, and each violation of any other condition of a permit, shall constitute a separate violation.

F. Retroactive Permit. A person who removes a tree without obtaining a Type A permit may apply retroactively for a permit. In addition to all application requirements of this chapter, the person must be able to demonstrate compliance with all requirements of this chapter, in addition to paying an additional fee as established by resolution of the city council. Mitigation requirements of this chapter may apply to all retroactive permits.

G. Withholding Permits and Stop-Work Orders. The building official has the authority to issue a stop-work order, withhold approval of a final plat, or withhold issuance of a certificate of occupancy, permits or inspections until the provisions of this chapter, including any conditions attached to a tree removal permit, have been fully met.

H. Revocation of Permit. The city administrator may revoke any tree removal permit when the planning official or designee thereof has clearly demonstrated that the application was incomplete or inaccurate to such a degree as to invalidate the approval. Such a revocation may be immediately followed by a stop-work order and the applicant required to either:

I. The city shall notify the property owner in writing that a violation has occurred and mitigation is required. Within 30 days of the date of mailing of the notice, the property owner shall provide a mitigation plan to the city. The plan shall provide for replacement of a tree or, at the city’s discretion, payment into the tree fund in accordance with Chapter 18.135 TMC.

J. Alternative Enforcement. In the event that a person, company, or other operating unit commits more than one violation of this chapter, the following alternative fees may be imposed by the city:

A. The minimum percentage of required landscaping is as follows:

A. Minimum number of trees and shrubs acceptable per 1,000 square feet of landscaped area:

B. Minimum Percentage Ground Cover. All landscaped area, whether or not required, that is not planted with trees and shrubs, or covered with nonplant material as defined in subsection (C) of this section, shall have ground cover plants that are sized and spaced to achieve 75 percent coverage of the area not covered by shrubs and tree canopy unless a xeriscape plan is approved.

C. Landscape Materials. Permitted landscape materials include trees, shrubs, ground cover plants, nonplant ground covers, and outdoor hardscape features, as described below. “Coverage” is based on the projected size of the plants at maturity, i.e., typically three or more years after planting. The landscape materials below may be modified as part of an approved xeriscape plan.

A. General Requirements.

B. Buffer Location. A buffer consists of an area within a required setback adjacent to a property line. It has a depth equal to the amount specified in Table 18.105.050-1 and contains a length equal to the length of the property line of the abutting use(s).

C. Buffer Requirements.

D. Screening. Where screening is required or provided, at least one of the following techniques shall be provided in addition to the buffering requirements above:

E. Clear Vision. Buffering and screening provisions are superseded by the clear vision requirements of TMC 18.105.055.

F. Landscaping within the buffer shall count towards minimum landscaped area and vegetation required by TMC 18.105.020 and 18.105.030.

G. Agricultural Buffers. To implement the agricultural buffering standards of the Greater Bear Creek Valley regional plan, buffering provisions in TMC 18.215.200 shall be addressed when urban development on land along the urban growth boundary abutting land zoned exclusive farm use is proposed.

A. No person shall maintain or allow to exist on property which they own or which is in their possession or control trees, shrubs, hedges, or other vegetation or projecting overhanging limbs thereof, which obstruct the view necessary for safe operation of motor vehicles or otherwise cause danger to the public in the use of city streets. It shall be the duty of the person who owns, possesses, or controls the property to remove or trim and keep trimmed any obstructions to the view.

B. A clear vision area shall be maintained at all driveways and accessways and on the corners of all property adjacent to an intersection.

C. A clear vision area shall contain no planting, fence, wall, structure, or temporary or permanent obstruction, except for an occasional utility pole, except when the height of the obstruction does not exceed two and one-half feet in height, measured from the top of the curb, or where no curb exists, from the street centerline grade. Trees exceeding this height may be located in this area; provided, all branches and foliage are removed to the height of eight feet above the grade. Open wire fencing that does not obscure sight is allowed to a maximum height of six feet.

D. The clear vision area for all street intersections and all street and railroad intersections shall be that area described in the most recent edition of the “AASHTO Policy on Geometric Design of Highways and Streets.” The clear vision area for all corner lots shall be that area within a 30-foot radius from where the lot line and the edge of a street intersect. The clear vision area for all driveways shall be that area within a 10-foot radius from where the driveway and the edge of a street intersect.

E. Modification of this computation may be made by the city engineer after considering the standards set forth in the most recent edition of the “AASHTO Policy on Geometric Design of Highways and Streets” and taking into consideration the type of intersection, site characteristics, types of vehicle controls, vehicle speed, and traffic volumes adjacent to the clear vision area.

F. The provisions of this section relate to safety. They shall not be modified by variance and are not subject to appeal. [Ord. 966 § 2 (Exh. B), 2021.]

A. Materials. No one may construct fences or walls of or containing material(s) that can do bodily harm, such as barbed wire, broken glass, or any other hazardous or dangerous materials. For barbed wire and electric fence exceptions, see TMC 8.10.150.

B. Placement. Fences and walls may be erected directly up to common property lines. An exception to this rule may be required when the placement would prevent the use of adjacent property or right-of-way, or prevent the safe use of a driveway or alley. In such cases, the city may require the fence or wall to be set back a minimum distance from the driveway, right-of-way, alley or property line.

Hedges and screen plantings may be planted in locations where their growth does not encroach on public rights-of-way. Encroachment on private property is commonly a private civil matter; the city will not become involved in such disputes unless it deems there is a significant safety concern.

C. Height Limitations. Figure 3-1 illustrates the regulations. See also definitions of “yard” in Chapter 18.15 TMC.

4. Corner lot: three feet for a distance of 40 feet along the street-side yard when that street is a collector or arterial; otherwise 30 feet. This is to provide a clear sight triangle of 30 feet by 30 feet or 30 feet by 40 feet at intersections.

D. Measuring Height.

E. Allowances.

1. A hedge or a screen planting is defined as vegetation that has the purpose or effect of obscuring or blocking casual viewing through it and is six feet or more in diameter or width. Nonpyramidal trees are not considered to be such vegetation.

Individual bushes, trees, hedges, and similar vegetation, or groupings of such, that have the effect of substantially inhibiting visibility above the height limitation for the yard in which they are located are permitted if the total blockage of the frontage is 50 percent or less and there are six-foot gaps for every 12 feet of grouping (see Figure 3-2). This allowance does not extend to the sight triangle area in subsection (C)(4) of this section.

F. General Safety Provisions.

A. Residential Areas. In all residential zones, areas on a lot not occupied by roadways, parking areas, walkways, patios or structures shall be maintained. Fences, walls, hedges and screen plantings shall be permitted in conformance with the requirements of Chapter 18.100 TMC. All fences, walls, hedges and screen plantings shall be maintained.

B. Commercial Areas. In commercial zones, areas not occupied by structures, roadways or parking areas, walkways, bicycle paths, patios or other specific facilities shall be maintained. Fences, walls, hedges and screen plantings shall be permitted in conformance with the requirements of TMC 18.105.020 and 18.105.030. [Ord. 966 § 2 (Exh. B), 2021; Ord. 918 § 2 (Exh. A), 2016; Ord. 817 § 8-3J.470, 2006.]

A. Eligibility.

B. Submittal Requirements. The following must be included with any xeriscaping project when a reduction of landscape requirements is being requested:

C. Approval Criteria. After examination of the design plan, city staff shall approve or approve with conditions if the following requirements have been met:

D. Inspection Process. All projects shall have a final inspection to ensure that all proposed xeriscaping has been completed in accordance with the approved plan. Certificate of occupancy shall be issued once final inspection and approval have been granted. [Ord. 966 § 2 (Exh. B), 2021; Ord. 918 § 2 (Exh. A), 2016; Ord. 817 § 8-3J.490, 2006.]

A. A new building is hereafter erected or enlarged; or

B. The use of a building or property is hereafter changed to another use with greater parking requirements; provided, that if the enlargement of a building existing at the time hereof is less than 50 percent of the gross floor area, parking space shall be required in proportion to the increase only. Any use requiring one-half or more of a parking space shall be deemed to require the full space. The provision and maintenance of off-street parking space is a continuing obligation of the property owner.

C. The following uses shall be subject to limited application of this chapter:

A. The number of off-street parking spaces required shall be not less than as set forth in Table 18.110.060-1, except as otherwise provided in this chapter.

B. Maximum Number of Parking Spaces. The number of parking spaces provided by any particular use in ground surface parking lots shall not exceed the required minimum number of spaces provided by this section by more than 50 percent. Spaces provided on-street, or within the building footprint of structures, such as in rooftop parking, or under-structure parking, or in multi-level parking above or below surface lots, may not apply towards the maximum number of allowable spaces. Parking spaces provided through “shared parking” also do not apply toward the maximum number.

C. The following parking shall be provided for disabled persons, in conformance with the Americans with Disabilities Act (Table 18.110.060-2). Disabled parking is in addition to the minimum number of required parking spaces in subsection (A) of this section.

D. The number of employee off-street parking spaces may be reduced by the planning commission if the applicant for a development can demonstrate such a reduction is supported by adequate mass transit service or that organized carpooling or company-provided transportation is available.

E. The number of off-street parking spaces may be reduced by the planning commission when the developer can demonstrate that the driving characteristics of the development clientele do not necessitate full parking space requirements, that mass transit service is available, and/or that company-provided transportation is provided.

F. Credit for On-Street Parking. The amount of off-street parking required shall be reduced by one off-street parking space for every on-street parking space adjacent to the development. On-street parking shall follow the established configuration of existing on-street parking, except that angled parking may be allowed for some streets, where permitted by city of Talent standards. The following constitutes an on-street parking space:

A. If more than one type of land use occupies a single structure or parcel of land, the total requirements for off-street parking spaces shall be the sum of the requirements for the various uses, unless the planning commission finds that the peak parking demands are actually less (i.e., the uses operate on different days or at different times of the day). In that case, the total requirements shall be reduced accordingly.

B. In the CBD, CBH, CN and CH zones, sites developed with a mix of residential and nonresidential uses are presumed to have reduce peak parking demands and shall be allowed to reduce required residential parking spaces under TMC 18.110.060 by 50 percent at a minimum. Further reductions may be approved by planning commission consistent with subsection (A) of this section. [Ord. 966 § 2 (Exh. B), 2021; Ord. 817 § 8-3J.552, 2006.]

A. Number of Bicycle Parking Spaces. A minimum of two bicycle parking spaces per use is required for all uses with greater than 10 vehicle parking spaces. The following additional standards apply to specific types of development:

B. Exemptions. This section does not apply to single-family dwellings (attached, detached, common wall, or manufactured housing), duplex, triplex or quadplex dwellings, home occupations, agriculture and livestock uses, or other developments with fewer than 10 vehicle parking spaces. Further exemptions may be approved only by the planning commission.

C. Location and Design. Bicycle parking shall be conveniently located with respect to both the street right-of-way and at least one building entrance (e.g., no farther away than the closest parking space). It should be incorporated whenever possible into building design and coordinated with the design of street furniture when it is provided, unless demonstrated otherwise by the applicant. Street furniture includes benches, streetlights, planters, and other pedestrian amenities. Creative designs are strongly encouraged.

D. Visibility and Security. Bicycle parking shall be visible to cyclists from street sidewalks or building entrances, so that it provides sufficient security from theft and damage.

E. Options for Storage. Bicycle parking requirements for long-term and employee parking can be met by providing a bicycle storage room, bicycle lockers, racks, or other secure storage space inside or outside of the building.

F. Lighting. Bicycle parking shall be as well lit as vehicle parking for security, unless otherwise well lit by an existing streetlight in the public right-of-way.

G. Reserved Areas. Areas set aside for bicycle parking shall be clearly marked and reserved for bicycle parking only.

H. Hazards. Bicycle parking shall not impede or create a hazard to pedestrians. Parking areas shall be located so as to not conflict with vision clearance standards in TMC 18.105.055. [Ord. 966 § 2 (Exh. B), 2021; Ord. 817 § 8-3J.560, 2006.]

A. Location of Parking Facilities. Off-street parking spaces for existing and proposed dwellings shall be located on the same lot with said structure. Other required parking spaces shall be located on the same parcel or on another parcel not farther than 500 feet from the building or use they are intended to serve, measured in a straight line from the building. The burden of proving such existence of such off-premises parking arrangements rests upon the person who has the responsibility of providing parking.

B. Use of Parking Facilities. Required parking space shall be available for the parking of operable passenger automobiles of residents, customers, patrons and employees only, and shall not be used for the storage of vehicles or materials or for the parking of trucks used in conducting the business or use.

C. Parking, Front Yard. Required parking and loading space shall not be located in a required front yard setback, but such space may be located within a required side or rear yard. [Ord. 966 § 2 (Exh. B), 2021; Ord. 817 § 8-3J.565, 2006.]

A. Applicability. The standards of this section apply to all single-family, duplex, triplex and quadplex dwellings in any zone.

B. Dimensions. Off-street parking spaces shall be a minimum of nine feet wide by 19 feet deep.

C. Location. Off-street parking spaces shall be located on the same lot as the residential dwelling(s), and may be located in a garage or carport. Parking spaces may not be located within the front yard or street side yard setbacks, with the exception of spaces located in a driveway within those setbacks.

D. Driveways. Driveways shall comply with standards in TMC 18.115.060(J).

E. Materials. Parking, driveway and maneuvering areas are required to have a durable and dust-free hard surface, and shall be maintained for all-weather use. The use of pervious concrete, pervious paving, parallel driveway tracks leaving the space between unpaved, or an in-ground grid or lattice surface is encouraged to minimize impervious surface and reduce storm water runoff. [Ord. 966 § 2 (Exh. B), 2021.]

A. Groups of five or more parking spaces shall be served by a service drive so that no backward movement or other maneuvering of a vehicle within a street other than an alley will be required.

B. In cases where a lot fronts on a major or minor arterial street, parking spaces shall be arranged so that no backward movement in the public right-of-way or other maneuvering of a vehicle, including any trailer being towed by a vehicle, within the arterial street shall be required.

C. The community development director or planning commission (for Type III reviews) may allow 35 percent of the required off-street parking spaces to be reduced to seven feet six inches by 15 feet to accommodate compact or hybrid electric cars.

D. Parking Stall Standard Dimensions and Compact Car Parking. All off-street parking stalls shall be improved to conform to city standards for surfacing, storm water management, and striping. Standard parking spaces shall conform to the dimensions below (Figure 18.110.120 and Table 18.110.120). Disabled parking shall conform to the standards in TMC 18.110.060(C).

A. All parking areas shall have a durable, dust-free surfacing of asphaltic concrete, Portland cement concrete, or other materials approved by the city engineer. The use of pervious asphalt paving in parking areas is encouraged to meet on-site storm water standards that may significantly reduce the requirement for drainage facilities.

B. All parking areas, aisles, turnarounds, and outdoor vehicle sales areas shall be graded so as not to drain storm water over sidewalks, public rights-of-way, and abutting private property. Storm water runoff generated beyond that which is normal for the site in its natural state shall, as much as possible, be retained on the site. Direct flow in stream channels is to be avoided. Methods to accomplish this provision include exhausting the possibilities of grading and draining parking lots into one or more of the following: percolation wells, trenches or ponds; vegetated or landscaped swales; natural drainage channels other than creek channels; and, for peak rainfall or runoff periods, seldom-used portions of the parking lot itself. It is the responsibility of the property owner to maintain the storm water system on his property in an operational manner so as to maintain the public safety and welfare; failure to maintain such a system in good repair may be constituted as a public nuisance in accordance with the provisions of any city ordinance regarding public nuisances. At least, drainage systems shall be conducted to public storm water sewers and ditches. (Please see Storm Drainage Design Standards.)

C. All spaces shall be permanently and clearly marked.

D. Wheel stops and bumper guards shall be provided where appropriate for all spaces abutting property lines or buildings, and where necessary to protect trees or other landscaping; and no vehicle shall overhang a public right-of-way.

E. Where parking facilities or driveways are located adjacent to residential or agricultural uses, school yards, or similar institutions, a sight-obscuring fence, wall or evergreen hedge not less than five feet and not more than six feet in height (except that such wall, fence or screen planting may exceed six feet in height if located beyond the required yard setbacks), and adhering to any vision clearance requirements and the yard requirements of the zone in which it is located, shall be provided on the property line, or between the property line and the parking area or driveway. Screen plantings shall be of such size and number as to provide the required screening at maturity, and shall be planted within 12 months of the issuance of the building permit required in subsection (H) of this section.

F. Trees and Landscaping.

G. Any lights provided to illuminate any public or private parking area or vehicle sales area shall be so arranged as to reflect light away from any abutting or adjacent residential district and limit excessive light pollution.

H. Building permits are required for all parking lot construction, repair or resurfacing. [Ord. 966 § 2 (Exh. B), 2021; Ord. 817 § 8-3J.575, 2006.]

A. Parking Prohibited on Flag Drives. No parking or storage of vehicles will be permitted on flag drives, unless area is provided for parking in addition to the paved width required for access to a flag lot. A flag drive is generally the narrow portion used for access of a flag lot defined in TMC Title 17.

B. Recreation Vehicles. The following regulations apply to recreation vehicles parked outside of recreation vehicle parks:

A. Purpose. To preserve the character of the city and to conserve natural resources by encouraging development that incorporates open space and the natural features of the land into neighborhood design, and by allowing density distribution within the development project so that there is no penalty for creative design.

B. Open Space Standard. Designated locally significant wetland and riparian areas and a 50-foot “safe harbor” setback from these areas shall be maintained as permanent open space, pursuant to Chapter 18.85 TMC. Additional open space may also be required by the city or dedicated by the developer of a subdivision, in conformance with the comprehensive plan. The open space shall be shown on the preliminary plat for a subdivision and recorded with the final plat or separate instrument in accordance with one of the following methods:

C. Uses of Required Open Space. Subject to review and approval by the city council, an open space dedication may be used to comply with the city’s wetland and riparian protection codes and ordinances (Chapters 15.15 and 18.85 TMC) and/or mitigate parks and recreation impacts related to the subject development.

D. Open Space for Public Park Use. If determined by the planning commission to be in the public interest in accordance with the adopted comprehensive plan, the city may require the dedication or reservation of areas within the subdivision of a character, extent and location suitable for the development of parks and other public uses.

E. Additional Open Space. If the developer is required to reserve additional land area in excess of conservation areas prescribed in subsections (B) through (D) of this section, for a park, playground, or other public use, the land shall be acquired by the appropriate public agency within 24 months following final plat approval, at a price agreed upon prior to approval of the plat, or the reservation shall be released to the property owner.

(Note: When the developer is required to reserve additional land area in excess of conservation areas, Dolan v. City of Tigard findings should be in the staff report and decision to justify the exaction.)

F. System Development Charge Credit. Dedication of land to the city for public use areas shall be eligible as a credit toward any required system development charge for parks. [Ord. 966 § 2 (Exh. B), 2021.]

A. Purpose. The purpose of this section is to provide planning and design standards for public and private transportation facilities and utilities.

B. When Standards Apply. All development shall comply with the city’s public facilities standards and construction specifications. When a new subdivision uses existing streets and other public facilities, those facilities shall be improved to current standards.

C. Standard Specifications. The public works director and city engineer shall establish written standard construction specifications and standard construction drawings consistent with the design standards of this section and application of engineering principles. They are incorporated in this code by reference.

D. Conditions of Development Approval. No development may occur unless required public facilities are in place or guaranteed, in conformance with the provisions of this code. Improvements required as a condition of development approval, when not voluntarily accepted by the applicant, shall be roughly proportional to the impact of development. Findings in the development approval shall indicate how the required improvements are roughly proportional to the impact. [Ord. 966 § 2 (Exh. B), 2021.]

A. Continuous Pathways. The pathway system shall extend throughout the development site, and connect to all future phases of development, adjacent trails, public parks and open space areas whenever possible. The developer may also be required to connect or stub pathway(s) to adjacent streets and private property, in accordance with the provisions of this section.

B. Safe, Direct, and Convenient Pathways. Pathways within developments shall provide safe, reasonably direct and convenient connections between primary building entrances and all adjacent streets, based on the following definitions:

C. Connections Within Development. For all developments subject to site development plan review (Chapter 18.150 TMC), pathways shall connect all building entrances to one another. In addition, pathways shall connect all parking areas, storage areas, recreational facilities and common areas, and adjacent developments to the site, as applicable.

D. Street Connectivity. Pathways (for pedestrians and bicycles) shall be provided at or near mid-block where the block length exceeds the length required by TMC 18.115.050(J)(1) through (J)(5). Pathways shall also be provided where cul-de-sacs or permanent dead-end streets are planned, to connect the ends of the streets together, to other streets, and/or to other existing or future developments. Pathways used to comply with these standards shall conform to all of the following criteria:

5. The community development director or planning commission (for Type III reviews) may determine, based upon facts in the record, that a pathway is impracticable due to: physical or topographic conditions (e.g., freeways, railroads, extremely steep slopes, sensitive lands, and similar physical constraints); buildings or other existing development on adjacent properties that physically prevent a connection now or in the future, considering the potential for redevelopment; and sites where the provisions of recorded leases, easements, covenants, restrictions, or other agreements recorded prior to the effective date of the ordinance codified in this chapter prohibit the pathway connection.

E. Design and Construction. Pathways shall conform to all of the standards in subsections (E)(1) through (E)(5) of this section:

A. Purpose. This section is intended to improve the comfort, safety and appearance of streets through the appropriate use of street trees. The standards in this section supplement, but do not replace, the provisions of Chapters 18.105 and 18.135 TMC.

B. Plantings. Street trees shall be planted in planter strips on all arterial and collector streets, for all developments that are subject to land division or site design review, except that street trees may be planted in planter wells as provided in subsection (E) of this section. Street trees are encouraged, but not required, for local streets. When provided on local streets, street trees shall be in planter strips. Additional requirements for tree planting are provided in TMC 18.105.030. Planting on unimproved streets shall be deferred until the construction of curbs and sidewalks.

C. Growth Characteristics. Trees shall be selected based on growth characteristics and site conditions, including available space, overhead clearance, soil conditions, exposure, and desired color and appearance. The following should guide tree selection:

D. Caliper Size. The minimum caliper size at planting shall be two inches diameter at breast height (dbh), based on the American Association of Nurserymen Standards.

E. Spacing and Location. If a planter strip is provided, street trees shall be planted within the planting strip. If a planter strip is not provided, trees shall be planted behind the sidewalk or in sidewalk tree wells (e.g., downtown area) when determined in the review process to be a reasonable accommodation. Street tree spacing shall be based upon the type of tree(s) selected and the canopy size at maturity. In general, trees shall be spaced no more than 30 feet apart, except where planting a tree would conflict with sight distance requirements, or existing trees, retaining walls, utilities and similar physical barriers.

F. Soil Preparation, Planting and Care. The developer shall be responsible for planting street trees, including soil preparation, ground cover material, staking, and temporary irrigation for two years after planting. The developer shall also be responsible for tree care (pruning, watering, fertilization, and replacement as necessary) during the first year after planting and individual homeowners or established homeowners’ association will be responsible thereafter.

G. Street Tree List. Only trees included on the city of Talent’s approved tree list shall be planted as street trees. The Pacific Power approved tree list where overhead power lines are a factor, or other native tree lists acceptable to the parks and recreation commission and tree subcommittee, will be acceptable as well. [Ord. 966 § 2 (Exh. B), 2021.]

A. Purpose. The purpose of this section is to ensure that developments provide a safe and efficient public street system for pedestrians and vehicles, in conformance with the city’s transportation system plan and applicable ordinances.

B. Development Standards. No development shall occur unless the development has frontage or approved access to a public street, in conformance with the provisions of TMC 18.115.060, Vehicular access and circulation, and the following standards are met:

C. Variances. A variance to the transportation design standards in this section may be granted pursuant to Chapter 18.160 TMC.

D. Creation of Rights-of-Way for Streets and Related Purposes. Streets, sidewalks and walkways shall be created through the approval and recording of a final subdivision or partition plat; except the city may approve the creation of a street, sidewalk or walkway by acceptance of a deed; provided, that the street is deemed essential by the city council for the purpose of implementing the transportation system plan, and the deeded right-of-way conforms to the standards of this code. All deeds of dedication shall be in a form prescribed by the city administrator and shall name “the public” as grantee.

E. Creation of Access Easements. The city may approve an access easement established by deed when the easement is necessary to provide for access and circulation in conformance with TMC 18.115.060, Vehicular access and circulation. Access easements shall be created and maintained in accordance with Uniform Fire Code Section 10.207.

F. Street Location, Width, and Grade. Except as noted below, the location, width and grade of all streets shall conform to the transportation system plan, as applicable, and an approved street plan or subdivision plat. Street location, width and grade shall be determined in relation to existing and planned streets, topographic conditions, public convenience and safety, and in appropriate relation to the proposed use of the land to be served by such streets:

G. Minimum Rights-of-Way and Street Sections. Street rights-of-way and improvements shall be within the range of appropriate widths adopted in the transportation system plan. A variance shall be required to vary the standards in the transportation system plan. Where a range of width is indicated, the width shall be determined by the decision-making authority based upon the following factors:

H. Traffic Signals and Traffic-Calming Features.

1. Traffic-calming features, such as traffic circles, roundabouts, curb extensions, crosswalks, speed bumps, narrow residential streets, and special paving, should be used to slow traffic in existing and planned neighborhoods and areas with high pedestrian traffic.

I. Future Street Plan and Extension of Streets.

J. Street Alignment and Connections.

5. In order to promote efficient vehicular and pedestrian circulation throughout the city, the design of subdivisions and alignment of new streets shall conform to the standards in TMC 18.115.060, Vehicular access and circulation, and block length shall not exceed the dimensions in subsections (J)(5)(a) through (c) of this section:

a. Four-hundred-foot maximum block length, and 1,200-foot maximum perimeter in the residential zones;

b. Four-hundred-foot maximum block length and 1,200-foot maximum perimeter in the central business district zone;

c. Eight-hundred-foot maximum block length and 2,400-foot maximum perimeter in the light industrial district.

Exceptions to the above standards may be granted when the developer can clearly demonstrate that compliance is not feasible, or when a nonvehicle access way is provided at or near mid-block, in conformance with the provisions of TMC 18.115.030, Pedestrian access and circulation. (See examples in Figure 18.115.050-2.)

K. Sidewalks, Planter Strips, Bicycle Lanes. Sidewalks, planter strips, and bicycle lanes in a public right-of-way shall be installed in conformance with the TSP. Pathways and bike paths within subdivisions shall be designed to promote the safety of those using the path, and the privacy of adjoining property owners to the greatest extent practicable. For example, pathway connections shall be as direct as possible. Overhead street lighting shall be coordinated with pathway entrances wherever possible, and pedestrian-oriented lighting shall be considered in other areas where overhead lighting cannot be provided. Fences and landscaping may be required for privacy screening and buffering between pathways and adjacent land uses. Alternatively, grade change between pathways and adjacent uses may be a suitable buffer. Ease of maintenance of paved areas and use of native landscaping shall also be encouraged. Maintenance of sidewalks and planter strips is the continuing obligation of the adjacent property owner (ORS 105.672).

L. Intersection Angles. Streets shall be laid out to intersect at an angle as near to a right angle as practicable, except where topography requires a lesser angle or where a reduced angle is necessary to provide an open space, pocket park, common area or similar neighborhood amenity. In addition, the following standards shall apply:

M. Existing Rights-of-Way. Whenever existing rights-of-way adjacent to or within a tract are of less than standard width, additional rights-of-way shall be provided at the time of subdivision or development, in conformance with the standards in the transportation system plan.

N. Cul-de-sacs. A permanent dead-end street shall be no more than 250 feet long, shall not provide access to more than 12 dwelling units, and shall only be used when environmental or topographical constraints, existing development patterns, or compliance with other standards in this code preclude street extension and through circulation:

O. Grades and Curves. Grades shall not exceed 10 percent on arterials, 12 percent on collector streets, or 12 percent on any other street (except that local or residential access streets may have segments with grades up to 15 percent for distances of no greater than 250 feet), and:

P. Curbs, Curb Cuts, Ramps, and Driveway Approaches. Concrete curbs, curb cuts, wheelchair and bicycle ramps and driveway approaches shall be constructed in accordance with standards specified in TMC 18.115.060, Vehicular access and circulation, and Americans with Disabilities Act (ADA) standards.

Q. Streets Adjacent to Railroad Right-of-Way. Wherever a proposed residential subdivision is adjacent to a railroad right-of-way, a street approximately parallel to such right-of-way at a distance suitable for the appropriate use of the land shall be created. Exception: This standard shall not apply where physical constraints (e.g., wetlands, slopes, etc.) make development of a road impracticable. In this situation, the subdivision shall contain adequate buffering and additional setbacks may be required, as determined by the planning commission. New railroad crossings and modifications to existing crossings are subject to review and approval by the Oregon Department of Transportation.

R. Development Adjoining Arterial Streets. Where a development adjoins or is crossed by an existing or proposed arterial street, the development design shall separate residential access and through traffic, and shall minimize traffic conflicts. To satisfy this requirement, the design shall include one or more of the following:

S. If a lot has access to two streets with different classifications, primary access shall be from the lower classification street, in conformance with TMC 18.115.060, Vehicular access and circulation.

T. Alleys, Public or Private. Alleys shall conform to the standards in the transportation system plan. While alley intersections and sharp changes in alignment shall be avoided, the corners of necessary alley intersections shall have a radius of not less than 12 feet.

U. Private Streets. A private street shall not provide access to more than two single-family residential lots. A private street shall not be used to avoid connections with public streets. Gated communities and private street systems (i.e., where a gate limits access to a development from a public street) are prohibited. Design and construction standards for grading, base rock, compaction, paving and drainage of private streets shall be the same as for public streets.

V. Street Names. No street name shall be used which will duplicate or be confused with the names of existing streets in Jackson County except for extensions of existing streets. Street names, signs and numbers shall conform to the established pattern in the surrounding area, except as requested by emergency service providers.

W. Survey Monuments. Upon completion of a street improvement and prior to acceptance by the city, it shall be the responsibility of the developer’s registered professional land surveyor to provide certification to the city that all boundary and interior monuments shall be reestablished and protected. The certification shall be a signed statement submitted with the final plat.

X. Street Signs. The city, county or state with jurisdiction shall install all signs for traffic control and street names. The cost of signs required for new development shall be the responsibility of the developer. Street name signs shall be installed at all street intersections. Stop signs and other signs may be required.

Y. Mail Boxes. Plans for mailboxes to be used shall be approved by the United States Postal Service.

Z. Streetlight Standards. Streetlights shall be installed in accordance with city standards. Street lighting shall be designed to provide necessary lighting only, with all fixtures hooded and all resulting lights projected downward, and with no light projected onto adjoining property.

AA. Street Cross-Sections. The final lift of asphalt or concrete pavement shall be placed on all new constructed public roadways prior to final city acceptance of the roadway and within one year of the conditional acceptance of the roadway unless otherwise approved by the city engineer. The final lift shall also be placed no later than when 50 percent of the structures in the new development are completed or three years from the commencement of initial construction of the development, whichever is less.

A. Intent and Purpose. The intent of this section is to manage vehicle access to development through a connected street system, while preserving the flow of traffic in terms of safety, roadway capacity, and efficiency. Access shall be managed to maintain an adequate level of service and to maintain the functional classification of roadways as required by the city’s transportation system plan. This section attempts to balance the right of reasonable access to private property with the right of the citizens of the city and the state of Oregon to safe and efficient travel. These regulations also further the orderly layout and use of land, protect community character, and conserve natural resources by promoting well-designed road and access systems and discouraging the unplanned subdivision of land.

This chapter is also intended to implement the transportation system plan (TSP) portion of the comprehensive plan.

This will not always be feasible due to existing land use, but where it is possible the following regulations will be enforced. Where applicable, requirements set forth in this chapter supersede the yard requirements for the zone in which any specific affected property is located.

B. Applicability. This section shall apply to all public streets within the city and to all properties that abut these streets.

C. Access Permit Required. A new or modified connection to a public street requires an access permit in accordance with the following procedures:

D. Traffic Study Requirements. The city or other agency with access jurisdiction may require a traffic impact study (TIS) prepared in accordance with Chapter 18.185 TMC, Traffic Impact Study.

E. Conditions of Approval. The city or other agency with access permit jurisdiction may require the closing or consolidation of existing curb cuts or other vehicle access points, recording of reciprocal access easements (i.e., for shared driveways), development of a frontage street, installation of traffic control devices, and/or other mitigation as a condition of granting an access permit, to ensure the safe and efficient operation of the street and highway system. Access to and from off-street parking areas shall not permit backing onto a public or private street.

F. Access Options. When vehicle access is required for development, access shall be provided by one of the following methods (a minimum of 10 feet per lane is required). These methods are “options” to the developer/subdivider.

G. Access Spacing. Driveway access shall be separated from other driveways and public and private street intersections in accordance with the following standards and procedures:

H. Road Access Points. For single-family (detached and attached), duplex, triplex and quadplex housing types, one street access point is permitted per lot. Alley access is strongly encouraged before other access points are considered; except that two access points may be permitted for duplexes, triplexes and quadplexes on corner lots (i.e., no more than one access per street), and subject to the access spacing standards in subsection (G) of this section. The number of street access points for multiple-family, commercial, industrial, and public/institutional developments shall be minimized to protect the function, safety and operation of the street(s) and sidewalk(s) for all users. Shared driveways may be required, in conformance with subsection (I) of this section, in order to maintain the required access spacing, and minimize the number of access points.

Standards for the number and location of road access points are as follows. Variations from these standards shall satisfy and be subject to the requirements of Chapter 18.160 TMC, Variance.

Where no other alternatives exist, the permitting agency may allow construction of an access connection along the property line farthest from an intersection. In such cases, directional connections (i.e., right in/out, right in only, or right out only) may be required.

I. Shared Driveways. The number of driveway and private street intersections with public streets may be minimized by the use of shared driveways with adjoining lots where feasible. The city shall require shared driveways as a condition of land division or site design review, as applicable, for traffic safety and access management purposes in accordance with the following standards:

3. “Private Access” signage and driveway approach shall be placed at the intersection with the public street to clearly identify the private access.

J. Driveway Openings/Curb Cuts. Driveway openings or curb cuts shall be the minimum width necessary to provide the required number of vehicle travel lanes (10 feet for each travel lane). The following standards (i.e., as measured where the front property line meets the sidewalk or right-of-way) are required to provide adequate site access, minimize surface water runoff, and avoid conflicts between vehicles and pedestrians:

K. Fire Access and Parking Area Turnarounds. A fire equipment access drive shall be provided for any portion of an exterior wall of the first story of a building that is located more than 150 feet from an existing public street or approved fire equipment access drive. Parking areas shall provide adequate aisles or turnaround areas for service and delivery vehicles so that all vehicles may enter the street in a forward manner. For requirements related to cul-de-sacs, please refer to TMC 18.115.050, Transportation facility standards.

L. Vertical Clearances. Driveways, private streets, aisles, turnaround areas and ramps shall have a minimum vertical clearance of 13 feet, six inches for their entire length and width.

M. Vision Clearance. Vision clearance at intersections shall conform to the standards of TMC 18.105.055.

N. Construction. The following construction standards shall apply to all driveways and private streets:

O. Road Access Permits.

A. Building on Arterial and Collector Streets. Before a building permit can be issued to construct any main building or to increase the floor area of any existing building on any property fronting on an arterial street, the owner of the lot shall execute and deliver to the city a recordable covenant running with the land to the effect that, if the city subsequently undertakes a project to construct a public pedestrian sidewalk along street frontage which includes the subject property’s frontage, on the basis of assessing the cost to abutting properties in proportion to special benefits, neither the owner of the subject property nor his successors in interest shall file or cause the filing of any remonstrance against the project as it relates to the construction of the proposed walk; provided, that the walk proposed to be constructed must extend as one continuous walk (except when crossing an intersecting street) and either extend:

The path shall consist of a six-foot-wide, durable, dust-free surface of asphaltic concrete, or Portland cement concrete, and shall be constructed at an elevation and location approved by the city. If the pedestrian walk is to be within a right-of-way not under the jurisdiction of the city, the state or the county, as the case may be, shall have the right to establish the standards, specifications, elevations and location of the path.

B. Building on All Other Streets.

C. Development Standards. No development shall occur unless the development has frontage or approved access to a public street, in conformance with the provisions of this chapter and TMC 17.20.020.

D. Variances. Variances to the transportation design standards in this section may be granted as governed by Chapter 18.160 TMC. A variance may be granted under this provision only if a required improvement is not feasible due to topographic constraints or constraints posed by sensitive lands.

E. Creation of Access Easements. The city may approve an access easement established by deed when the easement is necessary to provide for access and circulation in conformance with this chapter. Access easements shall be created and maintained in accordance with the fire code standards.

F. Development Adjoining Arterial and Collector Streets. Where a development adjoins or is crossed by an existing or proposed arterial street, the development design shall separate residential access and through traffic, and shall minimize traffic conflicts. The design shall include one or more of the following:

A. Planned Right-of-Way Line. A planned right-of-way line is hereby established for the streets designated in the transportation system plan as minor arterials, collectors and locals.

B. Building Setback Line. Where there is a planned right-of-way line established by this chapter, the building setback distance required for any yard area in the zone in which a property is located shall be measured from the planned right-of-way line rather than from the actual property line. [Ord. 966 § 2 (Exh. B), 2021.]

A. Sewers and Water Mains Required. Sanitary sewers and water mains shall be installed to serve each new development and to connect developments to existing mains in accordance with the city’s construction specifications and the applicable comprehensive plan policies.

B. Sewer and Water Plan Approval. Development permits for sewer and water improvements shall not be issued until the city engineer has approved all sanitary sewer and water plans in conformance with city standards.

C. Oversizing. Proposed sewer and water systems shall be sized to accommodate additional development within the area as projected by the comprehensive plan. The developer shall be entitled to system development charge credits for the oversizing. (Note: Dolan v. City of Tigard findings should accompany any decision to require oversizing.)

D. Permits Denied. Development permits may be restricted by the city where a deficiency exists in the existing water or sewer system which cannot be rectified by the development and which if not rectified will result in a threat to public health or safety, surcharging of existing mains, or violations of state or federal standards pertaining to operation of domestic water and sewerage treatment systems. Building or development moratoriums shall conform to the criteria and procedures contained in ORS 197.505. [Ord. 966 § 2 (Exh. B), 2021.]

A. General Provisions. The city shall issue a development permit only where adequate provisions for storm water and surface water runoff have been made pursuant to Resolution 517, Storm Drainage Design Standards.

B. Accommodation of Upstream Drainage. Culverts and other drainage facilities shall be large enough to accommodate potential runoff from the entire upstream drainage area, as designated in the city of Talent storm water master plan, whether inside or outside the development. Such facilities shall be subject to review and approval by the public works director or city engineer.

C. Effect on Downstream Drainage. Where it is anticipated by the public works director or designee that the additional runoff resulting from the development will overload an existing drainage facility, the city shall withhold permits of the development until provisions have been made for improvement of the potential condition or until provisions have been made for storage of additional runoff caused by the development in accordance with city standards. Any applicable procedures in state development moratorium statutes shall be followed.

D. Easements. Where a watercourse, drainage way, channel, or stream traverses a development, there shall be provided a storm water easement or drainage right-of-way conforming substantially with the lines of such watercourse and such further width as will be adequate for conveyance and maintenance. Development within designated locally significant wetland and riparian areas shall be in conformance with the requirements in Chapter 18.85 TMC, Natural Areas, Parks and Floodplains. [Ord. 966 § 2 (Exh. B), 2021.]

A. Underground Utilities. All utility lines including, but not limited to, those required for electric, communication, lighting and cable television services and related facilities shall be placed underground and shall provide for future expansion of services, except for surface mounted transformers, surface mounted connection boxes and meter cabinets which may be placed aboveground, temporary utility service facilities during construction, and high capacity electric lines operating at 50,000 volts or higher. The following additional standards apply to all new subdivisions, in order to facilitate underground placement of utilities:

B. Easements. Recorded easements shall be provided for all underground utility facilities.

C. Exception to Undergrounding Requirement. The standard applies only to proposed subdivisions. An exception to the undergrounding requirement may be granted due to physical constraints, such as steep topography, or existing development conditions, when demonstrated by the applicant. [Ord. 966 § 2 (Exh. B), 2021.]

A. To protect the health, safety, property, and welfare of the public;

B. To provide for the safe installation and maintenance of signs;

C. To initiate and maintain an organized, clean, orderly, attractive, and inviting appearance that respects and reflects the rural character of the city;

D. To permit and encourage flexibility for creative, context sensitive design that respects the site conditions and is appropriate to the applicable zoning district;

E. To maintain simplicity in permitting and review of signs, while encouraging economic development;

F. To improve the effectiveness of signs in identifying businesses; and

G. To enhance the aesthetic character of the “rural, small town atmosphere” in the Old Town and highway districts and improve the appearance of commercially zoned corridors. [Ord. 817 § 8-3J.710, 2006.]

“Area” shall mean the area included within the outer dimensions of a sign. In the case of a multiple-faced sign, the area of each face shall be included in determining sign area, excepting double-faced signs placed no more than 24 inches back to back.

“Awning” means a temporary or movable shelter supported entirely from the exterior wall of a building and composed of nonrigid materials except for the supporting framework.

“Building or face wall” means all window and wall area of a building in one plane or two closely related planes or elevations. Walls are distinguished from roofs in that wall planes are erected at an angle equal to or less than 30 degrees from a vertical plane.

“Electrical sign” means a sign utilizing electrical wiring.

“Flashing sign” means any sign containing an intermittent or flashing light source or an externally mounted intermittent light source.

“Frontage” means the length of the property line of any one premises along each public right-of-way it borders.

“Grade” means the level of the surface of the soil, whether paved or not, immediately below a particular sign; when a slope is involved, the average grade.

“Ground sign” means a sign erected on a freestanding frame, mast or pole and not attached to any building. Also known as a “freestanding” or “monument” sign.

“Incidental sign” means a sign not exceeding two square feet in area identifying or advertising goods, products, services, or facilities available on premises. Such incidental signs include, but are not limited to, trading stamps, credit cards accepted, brand names of price signs; such signs larger than two square feet and used to identify the business or premises are not considered incidental signs.

“Joint-use sign” means when two or more businesses combine part or all of their total allowed sign area into ground sign for each common frontage of such business.

“Maintain” means to permit a sign, sign structure, or any part thereof to continue; or to repair, refurbish, or keep in good order and repair a sign, sign structure, or any part of each.

“Marquee sign” means a sign, which is painted on, attached to, or supported by a marquee, awning or canopy.

“Nameplate” means a nonelectrical sign identifying only the name, address, occupation, or profession of the occupant of the premises on which the sign is located. If any premises includes more than one occupant, the nameplate can have all names and occupations or professions as well as the name of the building and directional information.

“Off-premises sign” means a sign that directs attention to a business commodity, industry, or other activity, which is sold, offered, or conducted elsewhere than on the premises where the sign is located.

“Portable sign” means any sign that is not originally designed to be permanently affixed to a building, structure, or the ground. A sign originally designed, regardless of its current modification, to be moved from place to place. These signs primarily include, but are not limited to, A-frame or sandwich board signs, signs attached to wood or metal frames and designed to be self-supporting and movable, and also including trailer reader boards. Portable signs are not to be considered temporary signs as defined in this title.

“Projecting sign” means a sign that projects from and is supported by a wall or a building, with the display surfaces of the sign in a plane other than parallel to said wall.

“Reader board” means any sign that uses a continuous message system or a sign of a permanent nature, but which accommodates changeable copy. Also referred to as “bulletin board.”

“Roof sign” means a sign or any portion of which that is displayed above the highest point of the roof, whether or not such sign also is a wall sign.

“Shopping center or business complex” means any two or more businesses which are in a building or group of buildings with shared off-street parking, on one or more lots which are contiguous or which are separated by a public right-of-way or a privately owned flag drive used for access and not greater than 35 feet in width, which are constructed and/or managed as a single entity, regardless of individual ownership and/or function.

“Sign” means any sign, illuminated or nonilluminated, or presentation by words, letters, figures, designs, or pictures, visible in the public right-of-way to give notice relative to a person, business, goods, products, or service, an activity, or a solicitation. “Sign” includes identification, advertising, and informational signs. “Sign” also includes any permanently installed or situated merchandise (other than a structure), an emblem, a painting, a banner, a pennant, a placard, a poster, a temporary sign, a light (other than a device used primarily to illuminate a building or premises) that is intended to attract attention, advertise, identify, or inform. For the purpose of removal, “sign” shall include sign structure. This definition shall not include official notices issued by a court or public body or officers, or directions, warning or information signs or structures required by or authorized by law or by federal, state, county or city authority.

“Sign height” means the distance from the finish ground level to the top of the sign or the highest portion of the sign structure or frame, whichever is greater.

“Temporary sign” means any sign which is not permanently installed or affixed to any sign structure or building, to advertise a new business before a permanent sign is installed, or to advertise a business special or sale.

“Wall sign or graphics” includes, but is not limited to, any mosaic, mural or painting or graphic art technique or combination or grouping of mosaics, murals, or paintings or graphic art techniques applied, implanted or placed directly onto a wall or fence.

“Wayfinding system” means a color coordinated system of pedestrian-scale signs designed to solely provide directions within a shopping center or central business district zone (CBD) and is not intended as additional advertisement for each business listed on such system. [Ord. 817 § 8-3J.720, 2006.]

A. General. No person shall hereafter install a sign unless the city has issued a valid permit for the sign, and no person shall allow or maintain on premises under his or her control any sign hereafter installed without such permit. No person shall install a sign in violation of the lawful conditions of a permit, or install or maintain a sign, or allow a sign on premises under his control, in violation of any other requirement imposed by this chapter.

B. Permit. An application for permit shall be submitted in writing on forms provided by the city, and must be approved by the city planner or such other department designated by the city council to administer this chapter; and, if any portion located on the exterior of a building is electrical or structural, the application must also be approved by the building official. The application shall contain the following information:

C. If the proposed sign conforms to this chapter, a permit shall be issued. City staff or the planning commission may attach conditions of approval as may be necessary and lawful, upon payment of the prescribed fee. A sign permit shall expire unless exercised within 100 days from the date of issuance.

D. Fees. Applicants for signs will be charged a fee in an amount established, and which may be changed, by ordinance adopted by the city council. Signs requiring review and inspection by the city building official will be charged an additional fee prescribed by the official building permit fee schedule.

E. Appeal. An applicant or any other person can appeal an administrative decision made by the city planner or building official to the planning commission. A planning commission decision may be appealed to a hearings officer. Appeals shall be based on the same issues and conducted according to Chapter 18.190 TMC, which provides standards and procedures for the appeal process. The fee for an appeal shall be in an amount established, and which may be changed, by ordinance adopted by the city council. If the appeal is upheld, the filing fee shall be refunded except for the costs for publishing, posting, and mailing public notices. [Ord. 817 § 8-3J.730, 2006.]

A. On-site repainting or touch-up, cleaning and normal maintenance and repair of a sign.

B. Informational signs placed by local, regional, or state governments in the publicly owned right-of-way. However, when placed over a public sidewalk, the bottom of these signs shall be no less than seven feet from the top of the sidewalk or pedestrian grade.

C. Flags of international, national, state, or local governments.

D. Signs within a building as long as the signs are not visible to motorists or pedestrians outside the building.

E. Memorials, plaques, cornerstones, or other designations that may be associated with historical or cultural persons, events, and cemeteries.

F. Temporary Signs.

G. Nameplate on private residence.

H. On-premises real estate signs, as set forth in TMC 18.120.060, advertising exclusively for sale, rental, or lease of the premises upon which the signs are located. The signs must be removed within 15 days of the sale, lease, or rental of the property.

I. Incidental signs not visible from a public street; provided, that they are less than two square feet per sign, do not exceed two in number per lot, or two per street frontage.

J. Public art, including murals, three-dimensional statues, caricatures, representations of persons, animals or objects, as long as such art is first approved by the city council. For clarification purposes, public art shall not include or be construed to be for the benefit of private advertising. [Ord. 861 § 2; Ord. 817 § 8-3J.732, 2006.]

A. No movable sign or bench sign shall be permitted except as may be otherwise permitted by TMC 18.120.040 or 18.120.060.

B. No flashing signs shall be permitted.

C. No wind sign, device, or balloon shall be permitted.

D. No three-dimensional statue, caricature, or representation of persons, animals or merchandise shall be permitted as part of any sign.

E. No public address system or sound devices shall be used as part of a sign.

F. No electrical reader board signs.

G. Signs, which by reason of size, location, movement, content, coloring, or manner of illumination may be confused with or construed as a traffic, street, or emergency sign or signal, or cause any other hazardous or disruptive situation.

H. No signs shall be affixed to telephone poles in the public right-of-way.

I. No fluorescent colors shall be used in the design or construction of a sign. [Ord. 817 § 8-3J.734, 2006.]

A. Residential Zones. In all residential zones set forth in this title, no signs shall be permitted except the following:

B. Commercial and Industrial Zones. Signs in all commercial and industrial zones are subject to the following standards and requirements:

A. Safety, Design and Construction.

B. Maintenance and Inspection.

A. An existing nonconforming sign may not be altered or replaced unless reviewed and approved by the city planner or planning commission. To grant such a permit, the city planner or planning commission must find:

A. Uncommon Condition of Premises or Nature of Use. Because of circumstances beyond the control of the applicant, including the lot size, shape or orientation; the topography; or the location of other signs or obstructions, the proposed sign is the only practical method to adequately identify and advertise the premises; or the sign has a special quality, such as a barber pole, that traditionally identifies the given use; or the proposed sign helps to accentuate the quality of any historical structure or policy identified by city ordinance; and

B. No Detriment. The proposed sign will not be detrimental to the neighborhood environment, is within the intent and purpose expressed in TMC 18.120.010, and will conform with the comprehensive plan; and

C. Minimum Variance. The proposed sign represents the minimum variance necessary to carry out the purposes set forth above. [Ord. 817 § 8-3J.770, 2006.]

A. Solar easements across contiguous or nearby lots, tracts, or land may be created to establish a window of exposure to the sun so as to protect an existing or intended solar collector’s exposure to the sun from obstruction by buildings and trees.

B. Solar easements shall contain at least:

C. A solar easement may, at the discretion of the easement owner, be recorded and filed in the office of the county recorder and copies thereof filed with the city recorder.

D. Any person seeking a building permit to construct or modify any structure or building so as to increase the consumption of airspace over that lot shall certify in writing that no solar easement exists over that lot. Where a solar easement exists, the applicant for the permit shall present a copy of the deed containing the legal description of the easement unless the easement is already recorded with the city recorder. Should the city planner determine that the proposed construction would intrude upon the easement, no building permit shall be granted. [Ord. 817 § 8-3J.830, 2006.]

A. The planning commission may grant a variance to setbacks and other lot requirements prescribed by a zone in which a development is proposed, or require special setbacks and heights for buildings, objects or vegetation, in order to permit unimpaired access to the sun. Special setbacks or heights requested or required shall conform to the following conditions:

B. If, for reason of solar orientation, a development such as a subdivision or several contiguous lots are being developed cooperatively or as a unit, all yard regulations may be varied to carry out said purpose, providing that the planning commission after public notice and hearing, as set forth in TMC 18.190.050, is of the opinion that such a development will not be injurious to adjacent property.

C. For determining shadow patterns, a 16-degree solar altitude shall be used and shadows shall be determined for those cast between the hours beginning at 9:00 a.m. and ending at 3:00 p.m., Pacific Standard Time, on November 21st. The hours of 9:00 a.m. and 3:00 p.m. on November 21st constitute a 45-degree measurement east and west of due north. [Ord. 847 § 4 (Exh. B), 2008; Ord. 817 § 8-3J.840, 2006.]

A. Purpose and Intent. The purpose of this section is to establish standards that regulate the placement, appearance and impact of wireless communication facilities, while providing residents with the ability to access and adequately utilize the services that these facilities support. Because of the physical characteristics of wireless communication facilities, the impact imposed by these facilities affects not only the neighboring residents, but the community as a whole. The standards are intended to ensure that the visual and aesthetic impacts of wireless communication facilities are mitigated to the greatest extent possible.

B. All wireless communication facilities, towers or antennas shall meet the following:

C. Type II Review. Wireless communication antennas are permitted in all zones but limited to existing facilities within the public right-of-way in any zone designated residential under Type II site plan review application provided the following conditions are met:

D. Conditional Use Permits. Wireless communication towers are allowed subject to the provisions of Chapter 18.155 TMC. [Ord. 817 § 8-3J.910, 2006.]

“Public tree” means a tree or woody plant with its base located within or adjacent to a public right-of-way or any tree or woody plant within a city park, or other publicly owned property. Public trees include trees within existing planting strips or sidewalk tree wells. Public trees typically have a single trunk at least two inches in diameter at a point six inches above the mean ground level at the base of the trunk.

Significant and Heritage Tree. See TMC 18.100.020. [Ord. 918 § 1 (Exh. A), 2016; Ord. 817 § 8-3J.1010, 2006.]

A. Species Selection. Trees shall be selected from the city’s adopted tree list and shall be appropriate for the planning location based on the criteria found therein.

B. Caliper Size. All street trees shall be a minimum of two-inch caliper at time of planting.

C. Spacing and Location. Street trees shall be planted within the street right-of-way within existing and proposed planting strips or in sidewalk tree wells on streets without planting strips, except when utility easements occupy these areas. Street tree spacing shall be determined by the type of tree(s) selected and the canopy size at maturity and, at a minimum, the planting area shall contain 16 square feet or, typically, four feet by four feet. In general, trees shall be spaced at 30- to 40-foot intervals, except where planting a tree would conflict with existing trees, retaining walls, utilities and similar physical barriers. All public trees shall be placed outside utility easements and clear vision areas.

D. Growth Characteristics. Trees shall be selected based on climate zone, growth characteristics and site conditions, including available space, overhead clearance, soil conditions, exposure, and desired color and appearance. The following should guide tree selection by developers and approval by the city:

E. Replacement. Replacement of public trees shall be the responsibility of the developer for a period of two years from the time of planting, and shall be guaranteed through a warranty bond prior to final plat. [Ord. 918 § 1 (Exh. A), 2016; Ord. 817 § 8-3J.1020, 2006.]

A. Tree Maintenance. The city may require any trees, shrubs, plants, or vegetation in any public right-of-way, park, or other public property to be trimmed or pruned.

B. Tree Topping. It shall be unlawful as a normal practice for any person, firm, or city department to top any tree in the public right-of-way. Topping is defined as the severe cutting back of limbs to stubs larger than three inches in diameter within the tree’s crown to such a degree so as to remove the normal canopy and disfigure the tree. Trees severely damaged by storms, or other causes, or certain trees under the utility wires or other obstructions where other pruning practices are impractical may be exempt from this provision.

C. Dangerous Tree – Nuisance – Removal. Any tree or shrub growing in any public property, on private property, or in a planting strip abutting public property, which is a public safety hazard or which may endanger the security or usefulness of any public street, sewer, or sidewalk; is declared to be a public nuisance. The abatement procedure of Chapter 8.10 TMC shall be applied.

D. Trees – Abuse – Mutilation. No person shall abuse, destroy, or mutilate any tree, shrub, or plant in a public planting strip, park, or any other public property. This includes attaching or placing any rope or wire (other than one used to support a young or damaged tree), signs, posters, or handbills to any public tree; or allowing any wire charged with electricity, or any gaseous, liquid, or solid substance which is harmful to the trees, to come in contact with the roots or leaves of any such tree. [Ord. 918 § 1 (Exh. A), 2016; Ord. 817 § 8-3J.1050, 2006.]

A. Making recommendations to the city council for nominating public trees for locally significant or heritage tree designation;

B. Assisting city staff with Arbor Day observance. [Ord. 918 § 1 (Exh. A), 2016; Ord. 817 § 8-3J.1060, 2006.]

A. Homegrown Marijuana Cultivation. Marijuana cultivators shall be allowed to cultivate, produce, process and/or possess marijuana as an outright permitted use, subject to the following general conditions:

B. Marijuana-Related Businesses.

A. Application. Applications for the temporary use permit shall be filed with community development and shall include:

B. Approval Standards. A temporary use may be granted only if:

C. Allowable Temporary Uses.

D. Procedures for Approving Temporary Uses.

E. Procedures for Renewing Temporary Use Permits.

A. The keeping of chickens or ducks within the city is allowed in all residential zoning districts as an outright permitted use, subject to the following conditions:

B. Chickens and ducks kept under this section shall be secured at all times:

C. Coops and Runs.

D. To protect public health, the areas in which chickens or ducks are kept must be maintained in compliance with the following requirements:

A. Application Requirements. Any occupant of a dwelling unit may make an application to the community development department to operate a short-term rental. The application shall consist of the following:

B. Conditions of Approval. The following are the conditions that must be met in order for a short-term rental permit application to be approved:

C. Level of Review. An application for a short-term rental shall be a Type I review by the community development department based on the conditions for approval set forth in this section. An administrative decision by the community development department is final on the date that it is made and cannot be appealed to the city or city officials.

D. Preexisting Nonconforming Use. Preexisting nonconforming use of a residential property as a short-term rental shall be allowed if all of the following conditions are met:

E. Enforcement. The granting of a business license to operate a short-term rental shall be subject to payment of an annual permit fee, and to review by the community development department. If the community development department determines that a short-term rental is operating in violation of the conditions of approval of this section, the license holder shall be subject to all applicable fines and other actions under the Talent Municipal Code, including but not limited to disallowance of a short-term rental for a period of 12 months from the date of violation or citation.

F. Renewal. If a short-term rental licensee has been cited for one or more violations of the Talent Municipal Code that result in a fine during the term of the license, the licensee shall not be allowed to renew the license for a period of 12 months from the license expiration date.

G. Council Review. The city council shall review the operation of the ordinance codified in this chapter within one year after the date of enactment in order to assess its impact on, and benefit to, the city and its residents, assess any opportunity to direct proceeds generated by transient room taxes from short-term rentals to affordable housing, and make any changes to the ordinance it deems necessary at that time. [Ord. 952 § 1 (Exh. A), 2019.]