Or. Admin. Code § 734-040-0030

Current through Register Vol. 63, No. 12, December 1, 2024

Section 734-040-0030 - Fencing and Screening Auto Wrecking Yards Not in a Building

All auto wrecking yards in Oregon are to be screened by natural objects, plantings, fences or other appropriate means so as not to be visible from the main traveled way of a state highway or an arterial highway:

(1) Definitions:

(a) "Arterial Highway": A county road or a city street designated as a through street by a city or a county.

(b) "Visible": Capable of being seen without visual aid by a person of normal visual acuity from a point 4.5 feet above the pavement of the main traveled way.

(c) "See Through": Refers to the open space between the pickets, boards, slats, mesh or natural plantings.

(2) Facilities within 1,100 feet of interstate and primary highways, except in conforming zones which will accept auto wrecking yards:

(a) "Shall be screened by natural objects, plantings, fences or other appropriate means so as not to be visible from the main traveled way of the system, or shall be removed from sight". ( Public Law 89-285 Title II, Section 201, #136(c).);

(b) Fencing of man-made materials can have no "see through" tolerance;

(c) Natural plantings must give immediate screening with no "see through" tolerance.

(3) Except on interstate or primary highways facilities within a zoned area which accepts auto wrecking yards must: Screen the view from the highway user to a height of six feet at the fence line and allow not more than 40 percent "see through" by actual measurement.

(4) Except on interstate or primary highways facilities which are a nonconforming use in commercial, agricultural, silvicultural or undeveloped areas must: Screen the view from the highway user and allow not more than 25 percent "see through" by actual measurement.

(5) Except on interstate or primary highways facilities which are a nonconforming use in residential areas must:

(a) Screen the view from the highway user and allow not more than 25 percent "see through" by actual measurement;

(b) Where an auto wrecking yard abuts a nonarterial street, or road, an alley, or is visible from a residence, the fence must screen the view into the enclosure or barrier to a height of six feet at the fence line and allow not more than 25 percent "see through" by actual measurement.

(6) If screening is done with a man-made fence, the fence must:

(a) Be designed and constructed to withstand wind pressure of 20 pounds per square foot;

(b) Be constructed in a workmanlike manner with uniform and balance alignment, in accordance with good fencing industry practice;

(c) Have gates that are kept closed except for actual use for ingress or egress of moving vehicles or have gateways so constructed to screen the inventory and operation from highway user at all times;

(d) Be subject to either county or city ordinances and conform to the most stringent rule;

(e) Be in conformance to above requirement by July 1, 1976. New yards are to be in conformance six months from date of license;

(f) Have regular maintenance consisting of painting, if required, and prompt repair of damage. Allow reasonable time after written notice for the work to be done.

(7) If screening is to be accomplished by natural vegetation, the landscape will be of an evergreen variety, compatible to the area, be planted with a program for watering and maintenance according to good landscape industry practice and planted by July 1, 1976. The vegetation planted shall be of sufficient size to grow to a height capable of screening the yard from view of the highway user by July 1, 1981. New yards shall have five years from the date of establishment.

(8) An auto wrecking yard may have a physical or natural barrier which screens the non-operating vehicles and operation from the view of the highway or arterial user.

(9) Auto wrecking yards and junkyards which are a nonconforming use and in existence prior to June 30, 1967, that can only be practically screened by landscape plantings, man-made fences or other appropriate means placed upon highway right-of-way and/or upon property adjoining the owner's property may be screened at state expense, subject to the availability of State and Federal Highway Administration funds and approval.

Or. Admin. Code § 734-040-0030

1 OTC 64, f. 12-3-75, ef. 12-25-75

Stat. Auth.: ORS 822

Stats. Implemented: ORS 377.625