§ 21.80.055. Incompatible uses.

1.

An incompatible use is defined as:

a.

A commercial or industrial zoning district or use adjacent to: (1) a residential lot of two acres or less, or (2) a residential zoning district with a density of one unit per two acres or greater.

b.

A proposed residential subdivision lot that is less than fifty percent of the square footage of an existing contiguous residential lot.

2.

Applicability.

a.

This section applies where the common property line is at least twenty feet in length and where a new proposed use is adjacent to an incompatible use as described in section 1.

b.

Individual single-family residences, existing, legal non-conforming uses and properties separated by a public road are exempt from the requirements of Section 21.80.055. Development in the Hawks Prairie Business District (Chapter 21.37) and Business Park District (Chapter 21.41) are also exempt from the requirements of Section 21.80.055.

c.

A variance to reduce the buffer width may be permitted pursuant to TCC 21.90.

3.

Screening between incompatible uses—Screening shall consist of a thirty-foot wide buffer containing the following:

a.

A vegetated buffer of predominantly native and drought tolerant species that will provide a very dense sight barrier and physical buffer to significantly separate conflicting uses and land use districts.

b.

Plant materials and ground cover shall be selected and maintained so that the thirty-foot buffer will be fully vegetated within three years.

c.

A combination of trees, shrubs, earthen berms, and related plant materials or design features may be selected, provided that the resultant effect is sight-obscuring from adjoining properties. In addition, fences and walls may be incorporated into the landscaping buffer.

d.

A minimum of one tree per twenty-five linear feet shall be planted. Trees shall be a minimum one inch in caliper measured six inches above the base at the time of planting.

e.

Shrubs must be capable of growing to a minimum of five feet in height, within three years. Shrubs shall be planted on eight-foot centers at minimum.

f.

Ground cover shall consist of bark, mulch, native grasses and/or native understory vegetation such as salal, Oregon grape, Knickknick, Sword fern, etc.

g.

Retention and salvage of existing native vegetation and trees is preferred over removal and replacement of vegetation.

4.

The thirty-foot buffer required by this section may be used for the following so long as the design standards of subsection 3 can be met.

a.

Storm water treatment facilities.

b.

Open space.

c.

Tree tracts.

d.

Critical area protection.

e.

Required landscaping.

5.

In the event of a conflict between the standards for individual uses and other general requirements of this chapter, the more stringent shall apply. Determination of the appropriate standards shall be made by the department.

(Ord. No. 14439, § 13, 11-16-2010)