Planning and Zoning

1206.01 Purpose And Applicability

Section 1206 is adopted to provide standards, criteria, and procedures under which a nonconforming use may be continued, maintained, verified, restored, replaced, and altered and under which a vested right may be determined.

1206.02 Status

A nonconforming use may be continued although not in conformity with the regulations for the zoning district in which the use is located. Nonconforming use status applies to the lot(s) of record on which the nonconforming use is located and may not be expanded onto another lot of record, except as provided under Subsection 1206.07(B)(3)(a) and (b) or, in the case of nonconforming premises for marijuana production, with an alteration approved pursuant to Subsection 1206.07(C). A change in ownership or operator of a nonconforming use is permitted.

1206.03 Maintenance

Normal maintenance of a nonconforming use necessary to maintain a nonconforming use in good repair is permitted provided there are not significant use or structural alterations. Normal maintenance may include painting; roofing; siding; interior remodeling; re-paving of access roads, parking areas, or loading areas; replacement of landscaping elements; and similar actions.

1206.04 Discontinuation

1. If a nonconforming use is discontinued for a period of more than 24 consecutive months, the use shall not be resumed unless the resumed use conforms to the requirements of this Ordinance and other regulations applicable at the time of the proposed resumption.
2. Notwithstanding Subsection 1206.04(A) and pursuant to Oregon Revised Statutes (ORS) 215.130(7)(b), a nonconforming surface mining use shall not be deemed to be discontinued for any period after July 1, 1972, provided:
   1. The owner or operator was issued and continuously renewed a state or local surface mining operating permit, or received and maintained a state or local exemption from surface mining regulation; and
   2. The surface mining use was not inactive for a period of 12 consecutive years or more. Inactive means no aggregate materials were excavated, crushed, removed, stockpiled, or sold by the owner or operator of the surface mine.
3. Notwithstanding Subsection 1206.04(A), marijuana production may not be resumed on a premises for which a marijuana producer holds a production license issued under ORS 475B.070 and which is nonconforming to the regulations for the zoning district in which the production is located if the premises is not used for marijuana production for a period of at least 12 calendar months, unless the marijuana production conforms to any zoning requirements or regulations applicable at the time of the proposed resumption.

1206.05 Verification

Verification of nonconforming use status requires review as a Type II application pursuant to Section 1307, Procedures, and shall be subject to the following standards and criteria:

1. A. The nonconforming use lawfully existed at the time of the adoption of zoning regulations, or a change in zoning regulations, which prohibited or restricted the use, and the nonconforming use has not been subsequently abandoned or discontinued. Once an applicant has verified that a nonconforming use was lawfully established, an applicant need not prove the existence, continuity, nature, and extent of the nonconforming use for a period exceeding 20 years immediately preceding the date of application for verification; or
2. B. The existence, continuity, nature, and extent of the nonconforming use for the 10- year period immediately preceding the date of the application is proven. Such evidence shall create a rebuttable presumption that the nonconforming use, as proven, lawfully existed at the time of, and has continued uninterrupted since, the adoption of restrictive zoning regulations, or a change in the zoning or zoning regulations, that have the effect of prohibiting the nonconforming use under the current provisions of this Ordinance.

1206.06 Restoration Or Replacement Following Damage or Destruction

If a nonconforming use is damaged or destroyed by fire, other casualty, or natural disaster, such use may be restored or replaced consistent with the nature and extent of the use or structure lawfully established at the time of loss, subject to the following conditions:

1. Alterations or changes to the nature and extent of the nonconforming use as lawfully established prior to the fire, other casualty, or natural disaster shall not be permitted under Subsection 1206.06, but may be permitted pursuant to Subsection 1206.07.  
2. Physical restoration or replacement of the nonconforming use shall be lawfully commenced within one year of the occurrence of the damage or destruction. Lawfully commenced means the lawful resumption of the nonconforming use or the issuance of a land use, building, on-site wastewater treatment system, grading, manufactured dwelling placement, residential trailer placement, plumbing, electrical, or other development permit required by the County or other appropriate permitting agency that is necessary to begin restoration or replacement of the nonconforming use or structures and resumption of the nonconforming use.
3. The nonconforming use status of the use to be restored or replaced, and the nature and extent of the nonconforming use, shall be verified pursuant to Subsection

1206.07 Alteration

1. Alterations Required by Law:
   1. The alteration of any nonconforming use shall be permitted when necessary to comply with any lawful requirement for alteration of the use or structure, subject to building, plumbing, sanitation, and other specialty code permit requirements in effect at the time the alteration is commenced. Additional conditions shall not be imposed upon the continuation of a nonconforming use when an alteration is required to comply with local or state health or safety requirements, except as provided in Oregon Revised Statutes (ORS) 215.215 pertaining to the re-establishment of nonfarm uses in the EFU District.
   2. Alterations to a premises for which a marijuana producer holds a production license issued under ORS 475B.070 shall be permitted when necessary to comply with a lawful requirement for alteration in production.
2. Alterations Not Required by Law: Except as provided in Subsection 1206.07(C), an alteration of a nonconforming structure or other physical improvements, or a change in the use, requires review as a Type II application pursuant to Section 1307, Procedures, and shall be subject to the following standards and criteria:
   1. The alteration or change will, after the imposition of conditions pursuant to Subsection 1206.07(B)(4), have no greater adverse impact to the neighborhood than the existing structure, other physical improvements, or use.
   2. The nonconforming use status of the existing use, structure(s), and/or physical improvements is verified pursuant to Subsection 1206.05.
   3. The alteration or change will not expand the nonconforming use from one lot of record to another unless:  
      1. The lot of record on which expansion is proposed and the lot of record on which the nonconforming use currently is established have been part of the same tract continuously since the date the nonconforming use became nonconforming; or
      2. The expansion would allow only for facilities necessary to support the nonconforming use, such as driveways, storm water management facilities, and on-site wastewater treatment systems.
   4. Conditions of approval may be imposed on any alteration of a nonconforming structure or other physical improvements, or a change in the use, permitted under Subsection 1206.07(B), when deemed necessary to ensure the mitigation of any adverse impacts.
3. Alterations to Nonconforming Marijuana Production Premises Not Required by Law: Alterations in production or in a building, structure, or physical improvement associated with a nonconforming premises for which a marijuana producer holds a production license issued under ORS 475B.070 requires review as a Type II application pursuant to Section 1307 and shall be subject to the following standards and criteria:
   1. The alterations will have no greater adverse impact to the surrounding area than the premises' existing production or its existing associated buildings, structures, and physical improvements; and
   2. The number of calendar months in which the premises have not been used for marijuana production since the premises became nonconforming does not exceed 12.

1206.08 Alteration Approval Period And Time Extension

1. Approval Period: Approval of an alteration of a nonconforming use, pursuant to Subsection 1206.07(B) or (C), is valid for a period of two years from the date of the final decision. If the County's final decision is appealed, the approval period shall commence on the date of the final appellate decision. During this two-year period, the approval shall be implemented, or the approval will become void.
   1. Implemented means all major development permits shall be obtained and maintained for the approved alteration of a nonconforming use, or if no major development permits are required to complete the development contemplated by the approved alteration of a nonconforming use, implemented means all other necessary County development permits (e.g., grading permit, building permit for an accessory structure) shall be obtained and maintained.
      1. A major development permit is:
         1. A building or manufactured dwelling placement permit for a new primary structure that was part of the alteration of a nonconforming use approval; or
         2. A permit issued by the County for parking lot or road improvements required by the alteration of a nonconforming use approval.
   2. Notwithstanding Subsection 1206.04(A), the allowed discontinuance period for a nonconforming use approved for an alteration pursuant to Subsection 1206.07(B) is extended to 24 consecutive months from the date of implementation of the alteration pursuant to Subsection 1206.08(A)(1). In no event shall the total period of discontinuance exceed 48 consecutive months (i.e., any discontinuance period preceding the filing of an application for an alteration, plus the period during which the alteration application is under review, plus the approval period allowed by Subsection 1206.08(A), plus the 24 consecutive months from the date of implementation).
2. Time Extension: If the approval of an alteration of a nonconforming use is not implemented within the initial approval period established by Subsection 1206.08(A), a two-year time extension may be approved pursuant to Section 1310, Time Extension. However, in no event may the total period of discontinuance exceed 48 months, inclusive of those discontinuance periods identified in Subsection 1206.08(A)(2).

1206.09 Vested Right Determination

A vested right determination shall require review as a Type II application pursuant to Section 1307, Procedures, and shall be approved if the requested use was vested under common law.

[Amended by Ord. ZDO-230, 9/26/11; Amended by Ord. ZDO-243, 9/9/13; Amended by Ord. ZDO-249, 10/13/14; Amended by Ord. ZDO-250, 10/13/14; Amended by Ord. ZDO-248, 10/13/14; Amended by Ord. ZDO-253, 6/1/15; Amended by Ord. ZDO-276, 10/1/20; Amended by Ord. ZDO-283, 9/5/23]

1204.01 Purpose and Applicability

Section 1204 is adopted to provide standards, criteria, and procedures under which a temporary permit may be approved.  Temporary permits may be approved in any zoning district, except that temporary permits for uses otherwise prohibited are not permitted in the EFU, TBR, and AG/F Districts.

1204.02 Temporary Use Otherwise Prohibited

1. A temporary permit for a use otherwise prohibited requires review as a Type II application pursuant to Section 1307, Procedures, and shall be subject to the following standards and criteria:
   1. The use for which a temporary permit is requested is not listed as a primary, accessory, limited, or conditional use in the applicable zoning district;
   2. There is no reasonable alternative to the temporary use;
   3. The permit will be necessary for a limited time;
   4. The temporary use will not include the construction of a substantial structure or require a permanent commitment of the land; and
   5. The temporary use will not have a materially adverse effect on the surrounding area.
2. A temporary permit for a use otherwise prohibited may be approved for a period not to exceed one year. The permit may be renewed, subject to review as a Type II application pursuant to Section 1307, for a period not to exceed one year.  A renewal shall be subject to the same approval criteria as an initial permit.  A temporary permit for a use otherwise prohibited may be renewed an unlimited number of times.

1204.03 Temporary Dwelling While Building

1. A temporary permit for a dwelling while building shall require review as a Type I application pursuant to Section 1307, Procedures, and shall be subject to the following standards and criteria:
   1. The temporary dwelling will be a manufactured dwelling that does not comply with all applicable requirements for a permanent dwelling, a residential trailer, or a recreational vehicle.
   2. A building permit to construct a permanent dwelling has been issued for the lot of record or tract on which the temporary dwelling will be located; and
   3. The temporary dwelling will be occupied by the owner of the subject lot of record or tract.
2. If a valid building permit for a permanent dwelling on the subject lot of record or tract is not maintained, the temporary permit shall become void on the day the building permit lapses.
3. A temporary permit for a dwelling while building shall be subject to the following conditions of approval:
   1. The temporary dwelling shall be connected to a sanitary sewer system or to an on-site wastewater treatment system approved by the County.
   2. The temporary dwelling shall comply with the minimum yard depth standards for primary buildings in the applicable zoning district.
   3. If the temporary dwelling is a manufactured dwelling or residential trailer, it shall be removed from the subject property when the permit expires or the permanent dwelling is occupied, whichever first occurs.  If the temporary dwelling is a recreational vehicle, it shall be removed from the subject property or placed in a stored condition when the permit expires or the permanent dwelling is occupied, whichever first occurs. A recreational vehicle shall be deemed to be placed in a stored condition when it ceases to be used for residential purposes and is disconnected from any on-site wastewater treatment system and all utilities other than temporary electrical connections for heating necessary to avoid physical deterioration.  Storage of a recreational vehicle shall comply with all other applicable requirements of this Ordinance.
4. A temporary permit for a dwelling while building may be approved for a period not to exceed two years. The permit may not be renewed. A renewal shall be the same or any substantially similar application filed within two years of the date a previous temporary permit for a dwelling while building expired.

1204.04 Temporary Dwelling For Care

1. A temporary permit for a dwelling for care requires review as a Type II application pursuant to Section 1307, Procedures, and shall be subject to the following standards and criteria: 
   1. The temporary dwelling will be a manufactured dwelling, residential trailer, or recreational vehicle.
   2. The temporary dwelling will be occupied by a person or persons who require(s) care or who will provide care.  This provision shall not prevent persons in addition to the care recipient(s) or the care provider(s) from occupying the temporary dwelling provided such occupancy is consistent with the remaining provisions of Subsection 1204.04.
   3. The temporary dwelling will be located on the same lot of record or tract as a lawfully established permanent dwelling.  The permanent dwelling will be occupied by the person(s) receiving care from the occupant(s) of the temporary dwelling or by the person(s) providing care to the occupant(s) of the temporary dwelling.  This provision shall not prevent persons in addition to the care recipient(s) or the care provider(s) from occupying the permanent dwelling, provided such occupancy is consistent with the remaining provisions of Subsection 1204.04.
   4. There exists a need for care.  The need shall be documented by a signed statement from a licensed healthcare provider.  The statement shall be dated within 90 days preceding the date the application is submitted and shall identify the care recipient, generally indicate that an age-related and/or medical condition results in a need for care, and substantiate that the type of assistance required by the patient is consistent with the type of assistance identified in the definition of care in Subsection 1204.04(B).
   5. There exists no reasonable housing alternative in the form of adequate housing on the subject lot of record or tract.  A determination regarding the reasonableness of the care recipient and the care provider occupying the permanent dwelling together, and the reasonableness of either residing in an existing accessory dwelling unit or an existing accessory historic dwelling on the subject lot of record or tract, shall be made based on the size and floor plan of the permanent dwelling, and of any accessory dwelling unit(s) or accessory historic dwellings(s) on the lot of record or tract, with consideration for maintaining a degree of privacy and independence for both the care recipient and the care provider; and
   6. There exists no reasonable alternative care provider.  Alternative care providers who shall be considered include:
      1. Other adults who live with the care recipient; and
      2. Other relatives of the care recipient who live nearby.  This alternative shall only be considered in cases where the care recipient currently resides on the subject lot of record or tract; and
   7. There is no other temporary dwelling for care on the subject lot of record or tract.
2. As used in Subsection 1204.04, care means assistance, required as a result of age or poor health, that is given to a specific person in the activities of daily living, which may include, but are not necessarily limited to, bathing, grooming, eating, medication management, ambulation, and transportation, or care means daily supervision of a specific person when such supervision is required due to cognitive impairment.  As used in Subsection 1204.04, care does not include assistance with improvement or maintenance of property in the absence of a documented need for assistance with personal activities or a need for personal supervision due to cognitive impairment.  Care does not include financial hardship alone.
3. A temporary permit for a dwelling for care shall be subject to the following conditions of approval:
   1. The temporary dwelling shall be connected to a sanitary sewer system or to an on-site wastewater treatment system approved by the County.  The temporary dwelling shall use the same on-site wastewater treatment system used by the permanent dwelling, if that system is adequate to accommodate the additional dwelling.  An exception may also be granted if more than one lawfully established on-site wastewater treatment system exists on the subject lot of record or tract.
   2. The temporary dwelling shall comply with the minimum yard depth standards for primary buildings in the applicable zoning district.
   3. All water, electricity, natural gas, and sanitary sewer service for the temporary dwelling shall be extended from the permanent dwelling services.  No separate meters for the temporary dwelling shall be allowed.  An exception may be granted if the utility provider substantiates that separate service is required or if more than one lawfully established service exists on the subject lot of record or tract.
   4. The temporary dwelling shall use the same driveway entrance as the permanent dwelling, although the driveway may be extended.  An exception may be granted if more than one lawfully established driveway entrance to the subject lot of record or tract exists.
   5. The temporary dwelling shall be located within 100 feet of the permanent dwelling.  This distance shall be measured from the closest portion of each structure.  This distance may be increased if the applicant provides evidence substantiating that steep slopes, significant natural features, significant existing landscaping, existing structures, other physical improvements, or other similar constraints prevent compliance with the separation distance standard.  The increase shall be the minimum necessary to avoid the constraint.  An exception may also be granted if the temporary dwelling will be sited in the same or substantially similar location as a previous, lawfully established temporary dwelling for care.
   6. A written statement shall be recorded in the County deed records recognizing that a dwelling approved pursuant to Subsection 1204.04 is temporary and that the temporary permit is not transferable when the property is conveyed to another party.
   7. The temporary dwelling shall not be a source of rental income.
   8. If the temporary dwelling is a manufactured dwelling or residential trailer, it shall be removed from the subject property when the permit expires or the need for care ceases, whichever first occurs.  An exception to this provision may be granted if a temporary manufactured dwelling is converted to a permanent dwelling.  Such a conversion shall be allowed only if the temporary dwelling complies with all applicable standards of this Ordinance for a permanent dwelling, including any that limit the number of dwelling units permitted on the subject property.  If the temporary dwelling is a recreational vehicle, it shall be removed from the subject property or placed in a stored condition when the permit expires or the need for care ceases, whichever first occurs. A recreational vehicle shall be deemed to be placed in a stored condition when it ceases to be used for residential purposes and is disconnected from any on-site wastewater treatment system and all utilities other than temporary electrical connections for heating necessary to avoid physical deterioration.  Storage of a recreational vehicle shall comply with all other applicable requirements of this Ordinance.
4. A temporary permit for a dwelling for care may be approved for a period not to exceed two years in the EFU, TBR, and AG/F Districts and for a period not to exceed three years in any other zoning district.  The permit may be renewed, subject to review as a Type II application pursuant to Section 1307, for a period not to exceed two years in the EFU, TBR, and AG/F Districts and three years in any other zoning district.  A temporary permit for a dwelling for care may be renewed an unlimited number of times.
5. In lieu of Subsections 1204.04(A) and (B), a renewal application shall be subject to the following standards and criteria:
   1. The circumstances that provided the basis on which the previous permit was granted remain substantially similar. 
   2. A renewal application shall be accompanied by a signed statement from a licensed healthcare provider.  The statement shall be dated within 90 days preceding the date the application is submitted and shall identify the care recipient and substantiate that the level of assistance required is substantially similar to, or greater than, the level required when the previous permit was granted.
6. An application shall be evaluated as a renewal application rather than a new application if the permit is requested for the same lot of record or tract and the same care recipient as the previous permit.

1204.05 Temporary Emergency Shelter 

1. A temporary permit for  emergency shelter requires review as a Type I application pursuant to Section 1307, Procedures, and shall be subject to the following standards and criteria:
   1. A lawfully established dwelling or business located on the subject lot of record or tract has been destroyed, substantially damaged, or rendered unsafe to occupy due to fire or natural disaster. 
   2. The temporary shelter will be a manufactured dwelling that does not comply with all applicable requirements for a permanent dwelling, a residential trailer, or a recreational vehicle for residential purposes, or a commercial office trailer for business purposes.
2. A temporary permit for emergency shelter shall be initially approved for 60 days.  If replacement or repair of the dwelling or business is lawfully commenced within 60 days of the date the permit is initially approved, the approval shall automatically be extended for two years from the date of initial approval. Lawfully commenced means the filing of a complete application for a land use, building, on-site wastewater treatment, grading, manufactured dwelling, plumbing, electrical, or other development permit required by the County or other appropriate permitting agency that is necessary to begin replacement or repair of the destroyed or damaged structure.  If replacement or repair is not lawfully commenced within 60 days of the date the temporary permit is initially approved, the temporary permit shall become void on the sixty-first day. 
3. A temporary permit for emergency shelter shall be subject to the following conditions of approval:
   1. The temporary shelter shall be connected to a sanitary sewer system or to an on-site wastewater treatment system approved by the County.
   2. The temporary shelter shall comply with the minimum yard depth standards for primary buildings in the applicable zoning district. 
   3. If the temporary shelter is a manufactured dwelling, residential trailer, or commercial office trailer, it shall be removed from the subject property when the permit expires or the permanent building is occupied, whichever first occurs.  If the temporary shelter is a recreational vehicle, it shall be removed from the subject property or placed in a stored condition when the permit expires or the permanent building is occupied, whichever first occurs.  A recreational vehicle shall be deemed to be placed in a stored condition when it ceases to be used for residential purposes and is disconnected from any on-site wastewater treatment system and all utilities other than temporary electrical connections for heating necessary to avoid physical deterioration. Storage of a recreational vehicle shall comply with all other applicable requirements of this Ordinance.
4. A temporary permit for emergency shelter may not be renewed. A renewal shall be the same or any substantially similar application filed within two years of the date a previous temporary permit for emergency shelter expired.

[Amended by Ord. ZDO-224, 5/31/11; Amended by Ord. ZDO-234, 6/7/12; Amended by Ord. ZDO-250, 10/13/14; Amended by Ord. ZDO-248, 10/13/14; Amended by Ord. ZDO-269, 9/6/18]

1203.01 Purpose and Applicability

Section 1203 is adopted to provide standards, criteria, and procedures under which a conditional use may be approved.

1203.02 Submittal Requirements

In addition to the submittal requirements identified in Subsection 1307.07(C), an application for a conditional use shall include:

1. Preliminary statements of feasibility required pursuant to Section 1006, Utilities, Street Lights, Water Supply, Sewage Disposal, Surface Water Management, and Erosion Control;
2. A vicinity map showing the relationship of the proposed use to the surrounding area;
3. A site plan of the subject property showing existing and proposed improvements; and
4. Building profiles of proposed new and remodeled structures.

1203.03 General Approval Criteria

A conditional use requires review as a Type III application pursuant to Section 1307, Procedures, and shall be subject to the following standards and criteria:

1. The use is listed as a conditional use in the zoning district in which the subject property is located.
2. The characteristics of the subject property are suitable for the proposed use considering size, shape, location, topography, existence of improvements, and natural features.
3. The proposed use complies with Subsection 1007.07, and safety of the transportation system is adequate to serve the proposed use. 
4. The proposed use will not alter the character of the surrounding area in a manner that substantially limits, impairs, or precludes the use of surrounding properties for the primary uses allowed in the zoning district(s) in which surrounding properties are located.
5. The proposed use is consistent with the applicable goals and policies of the Comprehensive Plan.
6. The proposed use complies with any applicable requirements of the zoning district and any overlay zoning district(s) in which the subject property is located, Section 800, Special Use Requirements, and Section 1000, Development Standards.

1203.04 VCS District Approval Criteria

In addition to the standards and criteria in Subsection 1203.03, a conditional use—except a wireless telecommunication facility—in the VCS District shall be subject to the following standards and criteria:

1. The proposed use shall provide community facilities, such as meeting rooms, recreation rooms, gymnasiums, or performance facilities. 
2. The community facilities required by Subsection 1203.04(A) shall be made available on an ongoing basis to the whole community for little or no cost.  
3. The community facilities required by Subsection 1203.04(A) shall be a minimum of 3,000 square feet or one-third of the usable floor area built, whichever is greater.

1203.05 Approval Period and Time Extension

1. Approval of a conditional use is valid for four years from the date of the final decision. If the County's final decision is appealed, the approval period shall commence on the date of the final appellate decision. During this four-year period, the approval shall be implemented, or the approval will become void. 
   1. Implemented means all major development permits shall be obtained and maintained for the approved conditional use, or if no major development permits are required to complete the development contemplated by the approved conditional use, implemented means all other necessary County development permits (e.g., grading permit, building permit for an accessory structure) shall be obtained and maintained. A major development permit is:
      1. A building permit for a new primary structure that was part of the conditional use approval; or
      2. A permit issued by the County for parking lot or road improvements required by the conditional use approval.
2. If the approval of a conditional use is not implemented within the initial approval period established by Subsection 1203.05(A), a two-year time extension may be approved pursuant to Section 1310, Time Extension.

1203.06 Discontinuation

If a conditional use is implemented pursuant to Subsection 1203.05 and later discontinued for a period of more than five consecutive years, the conditional use shall become void.

[Amended by Ord. ZDO-224, 5/31/11; Amended by Ord. ZDO-230, 9/26/11; Amended by Ord. ZDO-249, 10/13/14; Amended by Ord. ZDO-250, 10/13/14; Amended by Ord. ZDO-248, 10/13/14; Amended by Ord. ZDO-253, 6/1/15; Amended by Ord. ZDO-267, 8/28/17; Amended by Ord. ZDO-266, 5/23/18; Amended by automatic repeal of Ord. ZDO-267, 8/28/19; Amended by Ord. ZDO-280, 10/23/21; Amended by Ord. ZDO-283, 9/5/23]

1202.01 Purpose and Applicability

Section 1202 is adopted to provide standards, criteria, and procedures under which achange to the zoning maps (hereinafter referred to as a zone change) may beapproved.

1202.02 Submittal Requirements

In addition to the submittal requirements identified in Subsection 1307.07(C), anapplication for a zone change shall include a site plan of the subject property showingexisting improvements, and a vicinity map showing the relationship of the subjectproperty to the surrounding area. An application for a zone change to NC Districtalso shall include:

1. The requirements listed in Subsection 1102.02;
2. A vicinity map, drawn to scale, showing the uses and location of improvementson adjacent properties and properties across any road; and
3. A site plan, drawn to scale, showing the following:
   1. Property dimensions and area of property;
   2. Access to property;
   3. Location and size of existing and proposed improvements showing distancefrom property lines and distance between improvements;
   4. Location of existing and proposed parking; and
   5. Location of existing and proposed pedestrian and bicycle facilities, including pedestrian rest and gathering areas.

1202.03 General Approval Criteria

A zone change requires review as a Type III or IV application pursuant to Section1307, Procedures, and shall be subject to the following standards and criteria:

1. The proposed zone change is consistent with the applicable goals and policies of the Comprehensive Plan.
2. If development under the proposed zoning district designation has a need for any of the following public services, the need can be accommodated with the implementation of the applicable service provider's existing capital improvement plan: sanitary sewer, surface water management, and water. The cumulative impact of the proposed zone change and development of other properties under zoning designations shall be considered.
3. The transportation system is adequate and will remain adequate with approval of the proposed zone change. For the purpose of this criterion:
   1. Adequate means a maximum volume-to-capacity ratio (v/c), or a minimum level of service (LOS), as established by Comprehensive Plan Tables 5-2a,Motor Vehicle Capacity Evaluation Standards for the Urban Area, and 5-2b,Motor Vehicle Capacity Evaluation Standards for the Rural Area.
   2. The evaluation of transportation system adequacy shall be conducted pursuant to the Transportation Planning Rule (Oregon Administrative Rules 660-012-0060).
   3. It shall be assumed that the subject property is developed with the primary use, allowed in the proposed zoning district, with the highest motor vehicle trip generation rate.
   4. The methods of calculating v/c and LOS are established by the Clackamas County Roadway Standards.
   5. The adequacy standards shall apply to all roadways and intersections within the impact area of the proposed zone change. The impact area shall be identified pursuant to the Clackamas County Roadway Standards.
   6. A determination regarding whether submittal of a transportation impact study is required shall be made based on the Clackamas County Roadway Standards, which also establish the minimum standards to which a transportation impact study shall adhere.
   7. Notwithstanding Subsections 1202.03(C)(4) through (6), motor vehicle capacity calculation methodology, impact area identification, and transportation impact study requirements are established by the ODO Transportation Analysis Procedures Manual for roadways and intersections under the jurisdiction of the State of Oregon.
4. Safety of the transportation system is adequate to serve the level of development anticipated by the proposed zone change.

1202.04 NC District Approval Criteria

If the application requests a zone change to NC District, approval of the zone change shall include approval of a specific use for the subject property, including a specific site development plan.

1. In addition to the standards and criteria in Subsection 1202.03, a zone change to NC District shall be subject to the following standards and criteria:
   1. The characteristics of the subject property are suitable for the proposed use considering size, shape, location, topography, existence of improvements, and natural features.
   2.  The proposed use will not alter the character of the surrounding area in a manner that substantially limits, impairs, or precludes the use of surrounding properties for the primary uses allowed in the zoning district(s) in which surrounding properties are located.
   3.  The proposed use complies with any applicable requirements of the NC District and any overlay zoning district(s) in which the subject property is located, Section 800, Special Use Requirements, and Section 1000,Development Standards.
2. Design review pursuant to Section 1102, Design Review, is not required for a use approved through a zone change to NC District. Modifications to the approved use, including the approved site development plan, shall be processed pursuant to Subsection 1307.16(M) or Section 1309, Modification.

1202.05 Alternate Zoning District Designation

 An application for a zone change may include a request for the approval of an alternate zoning district designation if it is found that the applicant's preferred designation does not comply with the approval criteria but the alternate designation does.

[Amended by Ord. ZDO-224, 5/31/11; Amended by Ord. ZDO-230, 9/26/11; Amended by Ord. ZDO-246, 3/1/14; Amended by Ord. ZDO-250, 10/13/14; Amended by Ord. ZDO-248, 10/13/14; Amended byOrd. ZDO-253, 6/1/15; Amended by Ord. ZDO-258, 1/18/17]

1107.01 Purpose And Applicability

Section 1107 is adopted to provide standards, criteria, and procedures under which a property line adjustment may be approved.

1107.02 Submittal Requirements

In addition to the submittal requirements identified in Subsection 1307.07(C), an application for a property line adjustment shall include a tentative plan for the proposed property line adjustment. The plan shall be drawn to a scale of not less than one inch equals 20 feet and not more than one inch equals 200 feet and shall include the following information:

1. Lot line dimensions and size in square feet or acres of the two lots of record that are the subject of the application;
2. Identification of the area(s) proposed to be adjusted from one lot of record to the other;
3. North arrow;
4. Adjacent roads (noting whether public or private), including road names and road rights-of-way or easement widths;
5. Locations and dimensions of existing and proposed driveways;
6. Location of wells or name of water district;
7. Location of on-site wastewater treatment systems or name of sanitary sewer district;
    
8. Easements, including widths and types, labeled as existing or proposed, specifically noting whom they serve; and
9. Existing structures and the distance from each structure to existing and proposed lot lines.    

1107.03 General Approval Criteria

A property line adjustment requires review as a Type I application pursuant to Section 1307, Procedures, except that an application filed pursuant to Subsection 1107.04 requires review as a Type II application pursuant to Section 1307. A property line adjustment shall be subject to the following standards and criteria:

1. A property line adjustment is subject to the minimum and maximum lot size standards of the applicable zoning district, except as follows:
   1. If a lot of record is smaller than the minimum lot size standard, its size may be reduced, provided that it is not in an AG/F, EFU, or TBR District.
   2. If a lot of record is larger than the maximum lot size standard, its size may be reduced even if the reduction is not sufficient to comply with the maximum lot size standard.
   3. If a lot of record in an AG/F, EFU, or TBR District is smaller than the minimum lot size standard, its size may be reduced subject to Subsection 1107.04.
2. Subsequent subdivision or partition (or development of dwelling units subject to Section 1012, Lot Size and Density) of a lot of record that was the subject of a property line adjustment shall be limited as follows:
   1. A property line adjustment shall not be used to later permit development that exceeds the maximum density established by Section 1012. In calculating density, all lots or parcels (or dwelling units subject to Section 1012) within both lots of record that were the subject of the property line adjustment shall be included.
   2. In the RA-1, RRFF-5 and FF-10 Districts, where averaging of lot sizes may be permitted pursuant to Table 316-2, Dimensional Standards in the Rural Residential and Future Urban Residential Zoning Districts, a property line adjustment shall not be used to later permit a subdivision or partition that reduces the minimum average lot size below the minimum average lot size standard. In calculating the minimum average lot size, all lots or parcels within both lots of record that were the subject of the property line adjustment shall be included.
3. A property line adjustment is subject to the minimum setback standards of the applicable zoning district, except that if a lawfully established nonconforming setback exists, the property line adjustment may be approved if it does not reduce that depth. Prior to Planning Director approval of the final property line adjustment record of survey map or final plat required pursuant to Subsection 1107.06 or 1107.07, respectively, setbacks from the proposed relocated property line for all existing structures on the subject property shall be verified by a site plan prepared and stamped by an Oregon registered professional land surveyor. If no structures exist, the surveyor may submit a stamped letter so stating.
4. A property line adjustment is prohibited between lots of record separated by a Comprehensive Plan land use plan designation boundary, as identified on Comprehensive Plan Map IV-3, Lake Oswego Land Use Plan Map, IV-4, West Linn Land Use Plan Map, IV-5, Oregon City Land Use Plan Map, IV-6, North Urban Area Land Use Plan Map, or IV-7, Non-Urban Area Land Use Plan, and Mt. Hood Corridor Land Use Plan, if the boundary separates an Urban, Unincorporated Community, or Rural Plan designation from an Agriculture or Forest Plan designation, except an adjustment may be granted when it results in an increase in the size of the lot of record with the Agriculture or Forest Plan designation. However, such an adjustment shall not be used to reconfigure a lot of record, the effect of which is to qualify the lot of record for a land division pursuant to Subsection 1012.02(D).
5. A property line adjustment is prohibited between lots of record separated by the Portland Metropolitan Urban Growth Boundary or the unincorporated community boundary of Government Camp, Rhododendron, Wemme/Welches, Wildwood/Timberline, or Zigzag Village.
6. A property line adjustment shall not result in the adjustment of a dwelling from one lot of record to the other unless the lot of record receiving the dwelling otherwise complies with all applicable standards of this Ordinance for the siting of a dwelling.

1107.04 AG/F, EFU, and TBR District Approval Criteria

In addition to the standards and criteria in Subsection 1107.03, a property line adjustment in the AG/F, EFU, or TBR District shall be subject to the following standards and criteria:

1. As used in Subsection 1107.04, "ground water restricted area", "high-value farmland", "high-value forestland", and "waiver" have the meanings given those terms in Oregon Revised Statutes (ORS) 195.300.
2. A property line adjustment for a lot of record in the AG/F, EFU, or TBR District that is larger than 80 acres may be approved if the adjustment does not reduce the lot of record to less than 80 acres.
3. A property line adjustment may not be used to:
   1. Decrease the size of a lot of record that, before the relocation or elimination of the common property line, is smaller than 80 acres and contains an existing dwelling or is approved for the construction of a dwelling, if another lot of record affected by the property line adjustment would be increased to a size as large as or larger than the minimum lot or parcel size required to qualify the other affected lot of record for a dwelling;
   2. Decrease the size of a lot of record that contains an existing dwelling or is approved for construction of a dwelling to a size smaller than 80 acres, if another lot of record affected by the property line adjustment would be increased to a size as large as or larger than the minimum lot or parcel size required to qualify the other lot of record for a dwelling;
   3. Allow an area of land used to qualify a lot of record for a dwelling based on an acreage standard to be used to qualify another lot of record for a dwelling if the land use approval would be based on an acreage standard;
       
   4. Adjust a property line that resulted from a subdivision or partition authorized by a waiver so that any lot of record affected by the property line adjustment is larger than:
       
      1. Two acres if the lot of record is, before the adjustment, two acres in size or smaller and is high-value farmland, high-value forestland, or within a ground water restricted area; or
          
      2. Five acres if the lot of record is, before the adjustment, five acres in size or smaller and is not high-value farmland, high-value forestland, or within a ground water restricted area;
          
   5. Separate a temporary dwelling for care, home occupation, relative farm help dwelling, or processing facility from the lot of record on which the primary residential use or other primary use exists; or
       
   6. Separate an accessory dwelling in conjunction with farm use approved pursuant to Subsection 401.05(C)(12), except as provided in OAR 660-033-0130(24)(B).

1107.05 Approval Period

Approval of a property line adjustment is valid for two years from the date of the final decision. If the County's final decision is appealed, the approval period shall commence on the date of the final appellate decision. During this two-year period, the requirements of Chapter 11.01.040 of the Clackamas County Code and Subsection 1107.06 or 1107.07 shall be satisfied, or the approval will become void.

1107.06 Record Of Survey Map Review

If a property line adjustment application is approved, finalizing the adjustment requires the filing of a record of survey map, unless the County Surveyor waives this requirement or unless the adjustment constitutes a replat under ORS chapter 92. The applicant shall comply with the following: 

1. The form and content of the record of survey map shall comply with the County's final decision approving the tentative plan and applicable provisions of Chapter 11.01 of the Clackamas County Code and ORS chapters 92 and 209.
2. Final Planning Director Approval of the Record of Survey Map: The final record of survey map shall be submitted to the County for review. If it is consistent with the approved tentative plan and the conditions of approval included in the County's final decision on the application have been satisfied, the Planning Director shall sign the record of survey map.

1107.07 Final Plat Review For Replats

If an application is approved for a property line adjustment that constitutes a replat under ORS chapter 92, finalizing the adjustment requires the filing of a final plat, except that a final plat is not required for a replat in which all parcels are larger than 80 acres. The applicant shall comply with the following: 

1. The form and content of the final plat shall comply with the County's final decision approving the adjustment and applicable provisions of Chapters 11.01 and 11.02 of the Clackamas County Code and ORS chapters 92, 94, 100, and 209.
2. The final plat shall be submitted to the County for review. If a homeowners association is required, the declaration for a planned community, articles of incorporation, and bylaws shall be submitted to the County with the final plat. If the final plat and, if a homeowners association is required, the declaration for a planned community, articles of incorporation, and bylaws are consistent with the approved adjustment and the conditions of approval included in the County's final decision on the application have either been satisfied or guaranteed pursuant to Section 1311, Completion of Improvements, Sureties, and Maintenance, the Planning Director shall sign the plat.

[Amended by Ord. ZDO-230, 9/26/11; Amended by Ord. ZDO-248, 10/13/14; Amended by Ord. ZDO-253, 6/1/15; Amended by Ord. ZDO-262, 5/23/17; Amended by Ord. ZDO-266, 5/23/18; Amended by Ord. ZDO-280, 10/23/21; Amended by Ord. ZDO-283, 9/5/23]

1105.01 Purpose And Applicability

 Section 1105 is adopted to provide standards, criteria, and procedures under which a subdivision, partition, replat, middle housing land division, condominium plat, or vacation of a recorded plat may be approved, except:

1. In the EFU, TBR, and AG/F Districts, land divisions that are approved pursuant to Subsections 401.09, 406.09, or 407.08, respectively, are exempt from review pursuant to Section 1105. However, all subdivisions, as well as all partitions containing any parcel of 80 acres or smaller (based on the best available records), require completion of a final plat pursuant to Subsection 1105.11; and
2. Subdivisions for cemetery purposes pursuant to Oregon Revised Statutes Chapter 97 are exempt from Section 1105.

1105.02 General Submittal Requirements For Subdivisions, Partitions, Replats, and Middle Housing Land Divisions

In addition to the submittal requirements identified in Subsection 1307.07(C), an application for a subdivision, partition, replat, or middle housing land division shall include:

1. Five copies of a preliminary plat. The preliminary plat shall be drawn to a scale of not less than one inch equals 20 feet and not more than one inch equals 200 feet. If the preliminary plat is larger than 11 inches by 17 inches, five reduced-sized, legible copies of the preliminary plat shall be submitted on eight-and-one-half- inch by 14-inch or 11-inch by 17-inch paper. The following information shall be included on the preliminary plat or by separate attachment:
   1. Source of domestic water and location of any existing and proposed wells;
   2. Method of wastewater disposal and location of any existing and proposed on- site wastewater treatment systems;
   3. Existing and proposed utility lines and facilities;
   4. Locations, dimensions, and area of each lot, parcel, and tract;
   5. Date the preliminary plat was prepared;
   6. North arrow;
   7. Identification of each lot or parcel by number;
   8. Locations and widths of all roads abutting the subject property, including road names, direction of drainage, approximate grades, and whether public or private;
   9. Locations and widths of all proposed roads, including proposed names, approximate grades, radii of curves, and whether public or private;
   10. Location and width of legal access to the subdivision or partition, other than public or County roads, if applicable;
   11. Contour lines at two-foot intervals if 10 percent slope or less or five-foot intervals if exceeding 10 percent slope within an urban growth boundary; contour lines at 10-foot intervals outside an urban growth boundary; source of contour information;
   12. Locations of all seasonal and perennial drainage channels, including their names, if known, and direction of flow;
   13. Locations and widths of all existing and proposed easements, to whom they are conveyed and for what purpose;
   14. Locations and dimensions of all existing and proposed driveways and walkways;
   15. Locations and dimensions of existing structures and their setbacks from existing and proposed lot lines;
   16. Locations and dimensions of all areas to be offered for public dedication and the intended use of such areas;
   17. Boundaries and type of restricted areas identified in Subsection 1012.05, as applicable;
   18. Locations of all significant vegetative areas, including, but not limited to, major wooded areas, specimen trees, and bearing trees; and
   19. For a proposed subdivision, a plat name approved by the County Surveyor pursuant to Oregon Revised Statutes 92.090;
2. Preliminary statements of feasibility required pursuant to Section 1006, Utilities, Street Lights, Water Supply, Sewage Disposal, Surface Water Management, and Erosion Control;
3. If the subject property includes land designated Open Space by the Comprehensive Plan, a vicinity map showing the location of the subject property in relation to adjacent properties, roads, bikeways, pedestrian access, utility access, and manmade or natural site features that cross the boundaries of the subject property;
4. If the subject property includes land designated Open Space by the Comprehensive Plan, an existing conditions map of the subject property showing:
   1. Contour lines at two-foot intervals for slopes of 20 percent or less within an urban growth boundary; contour lines at five-foot intervals for slopes exceeding 20 percent within an urban growth boundary; contour lines at 10- foot intervals outside an urban growth boundary; source of contour information.
   2. Slope analysis designating portions of the site according to the following slope ranges and identifying the total land area in each category: zero to 20 percent, greater than 20 percent to 35 percent, greater than 35 percent to 50 percent, and greater than 50 percent;
   3. Drainage;
   4. Potential hazards to safety, including areas identified as mass movement, flood, soil, or fire hazards pursuant to Section 1003, Hazards to Safety;
   5. Marsh or wetland areas, underground springs, wildlife habitat areas, and surface features such as earth mounds and large rock outcroppings;
   6. Location of wooded areas, significant clumps or groves of trees, and specimen conifers, oaks, and other large deciduous trees. Where the subject property is heavily wooded, an aerial photograph, at a scale of not more than one inch equals 400 feet, may be submitted and only those trees that will be affected by the proposed development need be sited accurately;
   7. Location of any overlay zoning districts regulated by Section 700, Special Districts;
   8. Noise sources;
   9. Sun and wind exposure;
   10. Significant views; and
   11. Existing structures, impervious surfaces, utilities, landscaping, and easements; and

1105.03 Additional Submittal Requirements For Subdivisions, Partitions, and Replats

An application for a subdivision, partition, or replat shall include the following additional information:

1. Calculations demonstrating that the proposed density complies with the minimum and maximum density standards of Section 1012, Lot Size and Density, or for zoning districts not subject to Section 1012, demonstrating compliance with the minimum lot size in the applicable zoning district;
2. The north-south dimension and front-lot-line orientation of each proposed lot or parcel, except for lots or parcels for which an exception from the solar design standard of Subsection 1017.03 is requested pursuant to Subsection 1017.04. For the purpose of this submittal requirement, north-south dimension and front lot line are defined in Subsection 1017.02;
3. For a proposed subdivision, a phasing plan and schedule, if the applicant proposes to have final plat review, pursuant to Subsection 1105.11, occur in two or more phases pursuant to Subsection 1105.05(C); and
4. A master plan if required pursuant to Section 1012.

1105.04 Additional Submittal Requirements for Middle Housing Land Divisions

An application for a middle housing land division shall include the following additional information:

1. Demonstration that the property to be divided is developed or proposed to be developed with middle housing that complies with the standards applicable to middle housing on or after July 1, 2022. If middle housing development is proposed, a copy of building permit applications and construction plans that have been submitted to or approved by the Building Codes Division shall be included in the application;
2. Locations of the easements necessary for:
   1. Locating, accessing, replacing, and servicing all dwelling units;
   2. Pedestrian access from each dwelling unit to a private or public road;
   3. Any common areas or shared building elements; and
   4. Any shared driveways or parking; and
3. Location of each middle housing dwelling unit, any other development on the lot or parcel, and location of all areas to be retained under common   ownership.

1105.05 Approval Criteria For Subdivisions, Partitions, and Replats

A major subdivision requires review as a Type III application pursuant to Section 1307, Procedures. A minor subdivision or a partition requires review as a Type II application pursuant to Section 1307. A replat of property partially or wholly in the AG/F, EFU, or TBR District, or that proposes to increase the number of lots or parcels in the recorded subdivision or partition plat, requires review as a Type II application pursuant to Section 1307. Otherwise, a replat requires review as a Type I application pursuant to Section 1307. A subdivision, partition, or replat shall be subject to the following standards and criteria:

1. The proposed subdivision, partition, or replat shall comply with the applicable provisions of the section of this Ordinance that regulates the subject zoning district and Section 1000, Development Standards.
2. In an Urban Low Density Residential District, the applicant may designate the proposed subdivision, partition, or replat as a zero-lot-line development. In a zero- lot-line development, there are no minimum rear and side setbacks for single- family dwellings, manufactured homes, and structures accessory to single-family dwellings and manufactured homes, except from rear and side lot lines on the perimeter of the final plat.
3. As part of preliminary plat approval for a subdivision, approval of a phasing plan and schedule to allow final plat review to occur in two or more phases, each of which includes a portion of the subject property, may be granted in consideration of such factors as the size of the proposed subdivision, complexity of development issues, required improvements, and other factors deemed relevant. If a phasing plan and schedule is approved, such approval shall be subject to the following:
   1. The total number of lots in all recorded phases of the subdivision shall not exceed the maximum density allowed pursuant to Section 1012, Lot Size and Density, for the gross site area included in all such phases.
   2. If one or more open space tracts are required as a condition of subdivision approval, the first phase shall include all required open space tracts for the entire subdivision.
   3. Future phases shall be shown upon the initial and subsequent final plats as a "Tract Reserved for Future Development."
   4. As deemed necessary by the County or special districts, dedication of rights- of-way or easements into or through future phases may be required with the initial or subsequent phases, prior to platting of the final phase.
4. A nonprofit, incorporated homeowners association, or an acceptable alternative, shall be required for ownership of, improving, operating, and maintaining common areas and facilities, including, but not limited to, open space, private roads, access drives, parking areas, and recreational uses, and for snow removal and storage in Government Camp.
   1. The homeowners association shall continue in perpetuity unless the requirement is modified pursuant to either Section 1309, Modification, or the approval of a new land use permit application provided for by this Ordinance.
   2. Membership in the homeowners association shall be mandatory for each lot or parcel owner.
   3. The homeowners association shall be incorporated prior to recording of the final plat.
   4. Acceptable alternatives to a homeowners association may include, but are not limited to, ownership of common areas or facilities by the government or a nonprofit conservation organization.
5. If the subject property is in a future urban area, as defined by Chapter 4 of the Comprehensive Plan, the location of proposed easements, road dedications, structures, wells, and on-site wastewater treatment systems shall be consistent with the orderly future development of the subject property at urban densities.

 1105.06 Additional Approval Criteria for Replats

A replat shall be subject to the following additional standards and criteria:

1. A replat is subject to the minimum and maximum lot size standards of the applicable zoning district, except as follows:
   1. If a lot of record is smaller than the minimum lot size standard, its size may be reduced, provided that it is not in an AG/F, EFU, or TBR District.
   2. If a lot of record is larger than the maximum lot size standard, its size may be reduced even if the reduction is not sufficient to comply with the maximum lot size standard.
   3. If a lot of record in an AG/F, EFU, or TBR District is smaller than the minimum lot size standard, its size may be reduced subject the following standards and criteria:
      1. As used in Subsection 1105.06(A)(3), "ground water restricted area", "high-value farmland", "high-value forestland", and "waiver" have the meanings given those terms in ORS 195.300.
      2. A replat for a lot of record that is larger than 80 acres may be approved if the adjustment does not reduce the lot of record to less than 80 acres.
      3. A replat may not be used to:
         1. Decrease the size of a lot of record that, before the relocation or elimination of a common property line, is smaller than 80 acres and contains an existing dwelling or is approved for the construction of a dwelling, if another lot of record affected by the property line adjustment would be increased to a size as large as or larger than the minimum lot or parcel size required to qualify the other affected lot of record for a dwelling;
         2. Decrease the size of a lot of record that contains an existing dwelling or is approved for construction of a dwelling to a size smaller than 80 acres, if another lot of record affected by the replat would be increased to a size as large as or larger than the minimum lot or parcel size required to qualify the other lot of record for a dwelling;
         3. Allow an area of land used to qualify a lot of record for a dwelling based on an acreage standard to be used to qualify another lot of record for a dwelling if the land use approval would be based on an acreage standard;
         4. Replat a property line that resulted from a subdivision or partition authorized by a waiver so that any lot of record affected by the property line adjustment is larger than: two acres if the lot of record is, before the adjustment, two acres in size or smaller and is high-value farmland, high-value forestland, or within a ground water restricted area; or five acres if the lot of record is, before the adjustment, five acres in size or smaller and is not high-value farmland, high-value forestland, or within a ground water restricted area;
         5. Separate a temporary dwelling for care, home occupation, relative farm help dwelling, or processing facility from the lot of record on which the primary residential use or other primary use exists; or
         6.  Separate an accessory dwelling in conjunction with farm use approved pursuant to Subsection 401.05(C)(12), except as provided in OAR 660-033-0010(24)(B).
2. Replats that propose to increase the number of lots or parcels shall not be approved, unless:
   1. The gross site area of the affected plat is increased, or is of sufficient size to allow additional lots or parcels, or the zoning on the subject property has been changed since the existing plat was approved, permitting a greater density on all, or part, of the original platted area;
   2. The allowed density is recalculated pursuant to Section 1012, Lot Size and Density, on the basis of the gross site area of the original platted area and any additions to the gross site area, and, if applicable, on the basis of the new zoning;
   3. All existing lots or parcels within the plat that are not affected by the replat, including additional lots or parcels that may be created by subdivision or partition under existing zoning, are subtracted from the maximum density of the original plat area in determining allowed density for the replatted portion; and
   4. All open space requirements of the original plat, if applicable, are satisfied by the replatted subdivision or partition, or portion thereof.

1105.07 Approval Criteria For Middle Housing Land Divisions

A middle housing land division requires review as a Type II-E application pursuant to Section 1307, Procedures. A middle housing land division shall be subject to the following standards and criteria:

1. The property to be divided shall be within the R-5, R-7, R-8.5, R-10, R-15, R-20, R-30, VR-4/5, or VR-5/7 District and developed or proposed to be developed with middle housing that complies with the standards applicable to middle housing on or after July 1, 2022. Proposed to be developed means that building permits have been submitted for the middle housing dwelling units.
2. Each middle housing lot shall contain exactly one dwelling unit, except that a tract used as a common area may not contain a dwelling unit.
3. Buildings or structures on a resulting lot or parcel shall comply with applicable provisions in the Oregon Residential Specialty Code with respect to newly created lot lines.
4. Each middle housing dwelling unit shall have separate utilities.
5. Easements shall be provided, as necessary, for each dwelling unit for:
   1. Locating, accessing, replacing, and servicing all utilities;
   2. Pedestrian access from each dwelling unit to a private or public road;
   3. Any common areas or shared building elements
   4. Any shared driveways or parking; and
6. A homeowners association, or an acceptable alternative, shall be required pursuant to Subsection 1105.05(D).
7. Each middle housing lot shall be prohibited from further division and shall be prohibited from development with additional dwelling units, including accessory dwelling units.
8. The type of middle housing developed on the original lot of record is not altered by a middle housing land division (e.g., a duplex remains a duplex even if it is divided along the common wall).

1105.08 Condominium Plats

If detached single-family dwellings are proposed to be developed as condominiums on the same lot of record rather than as part of a subdivision or partition where each detached single-family dwelling is on its own lot or parcel, the development shall be subject to the same standards, criteria, review procedures, and application fee as would apply to a land division of the same property and resulting in the same number of potential detached single-family dwellings. This allowance for condominiums in lieu of the same development on separate lots of record supersedes provisions of this Ordinance that otherwise require each detached single-family dwelling to be on its own lot of record.

1105.09 Approval Period And Time Extension

 Except for a middle housing land division:

1. Approval of a preliminary plat is valid for four years from the date of the final decision. If the County's final decision is appealed, the approval period shall commence on the date of the final appellate decision. During this four-year period, the final plat shall be recorded with the County Clerk, or the approval will become void.
2. If a final plat is not recorded within the initial approval period established by Subsection 1105.09(A), a two-year time extension may be approved pursuant to Section 1310, Time Extension, except for a replat reviewed as a Type I application pursuant to Section 1307, which may not be approved for a time extension.
3. If a phasing plan and schedule are approved pursuant to Subsection 1105.05(C), the following shall apply in lieu of Subsections 1105.09(A) and (B):
   1. The phasing schedule may provide a preliminary plat approval period for the first phase not to exceed four years from the date of the final written decision. If the County's final decision is appealed, the approval period shall commence on the date of the final appellate decision.
   2. The phasing schedule may provide a preliminary plat approval period for each subsequent phase not to exceed two years from the end of the prior phase approval period.
   3. Each phase shall be recorded with the County Clerk within the applicable approval period, or the approval of that phase and all subsequent phases will become void.
   4. If a final plat for any phase is not recorded within the initial approval period for that phase, a two-year time extension for that phase and all subsequent phases may be approved pursuant to Section 1310.
   5. In no case shall a phasing schedule or any time extensions permit the recording of any phase more than 10 years after the date of preliminary plat approval.

1105.10 Approval Period For Middle Housing Land Divisions

Approval of a preliminary plat is valid for three years from the date of the final decision. If the County's final decision is appealed, the approval period shall commence on the date of the final appellate decision. During this three-year period, the final plat shall be recorded with the County Clerk, or the approval will become void.

1105.11 Final Plat Review

 If a preliminary plat is approved, finalizing the approval requires the completion of a final plat, except that a final plat is not required for a partition or partition replat in which all parcels are larger than 80 acres. The applicant shall comply with the following:

1. The form and content of the final plat shall comply with the County's final decision approving the preliminary plat and applicable provisions of Chapters 11.01 and 11.02 of the Clackamas County Code and Oregon Revised Statutes Chapters 92, 94, 100, and 209.
2. The final plat shall be submitted to the County for review. If a homeowners association is required, the declaration for a planned community, articles of incorporation, and bylaws shall be submitted to the County with the final plat. If the final plat and, if a homeowners association is required, the declaration for a planned community, articles of incorporation, and bylaws are consistent with the approved preliminary plat and the conditions of approval included in the County's final decision on the application have either been satisfied or guaranteed pursuant to Section 1311, Completion of Improvements, Sureties, and Maintenance, the Planning Director shall sign the plat.
3. If the final plat is for a middle housing land division, it shall contain a notation that the lots shown on the plat were created pursuant to a middle housing land division and may not be further divided.

1105.12 Vacations of Recorded Plats

A recorded plat, or portion thereof, may be vacated pursuant to Oregon Revised Statutes (ORS) 92.205 through 92.245, ORS 368.326 through 368.366, or other applicable statutes.

1105.13 Subdivisions of Manufactured Dwelling Parks and Mobile Home Parks

The conversion of an existing or approved manufactured dwelling park or mobile home park to a subdivision requires review as a Type I application pursuant to Section 1307, Procedures, and shall be subject to the submittal, review, and platting requirements of Oregon Revised Statutes (ORS) 92.830 through 92.845. Where ORS 92.830 through 92.845 conflict with the provisions of this Ordinance, ORS 92.830 through 92.845 shall take precedence.

[Amended by Ord. ZDO-224, 5/31/2011; Amended by Ord. ZDO-230, 9/26/2011; Amended by Ord. ZDO-248, 10/13/2014; Amended by Ord. ZDO-253, 6/1/2015; Amended by Ord. ZDO-266, 5/23/2018; Amended by Ord. ZDO-268, 10/2/2018; Amended by Ord. ZDO-280, 10/23/2021; Amended by Ord. ZDO-282, 7/1/2022; Amended by Ord. ZDO-283, 9/5/2023; Amended by Ord. ZDO-285, 9/3/2024]

1103.01 Applicability

Section 1103 applies to development that affects an open space resource described in Section 1011, and shown generally on Comprehensive Plan Map IV-6, North Urban Area Land Use Plan Map, as Resource Protection, Major Hazards, or Public and Community Use Open Space.

1103.02 Procedure

Open space review shall require a Type II application pursuant to Section 1307 and shall be subject to the following:

1. The required site analysis and development plans shall be reviewed to ensure that all Comprehensive Plan policies, Ordinance, and development standards relevant to the open space resource designation are being satisfied.
2. The probable impact of the proposed development on relevant natural systems or features, in particular on resources of area-wide significance, shall be evaluated.
3. The potential for conservation easements, public acquisition, dedication, or any other available means of securing parts of the site as a park, trail, or other open space resource shall be evaluated.
4. Alternative development proposals that better protect the open space resources through the appropriate use of such techniques as density transfers, commonwall structures, multistory buildings, parking structures, under-structure parking, and reduced parking requirements near transit lines,  shall be identified.  The intent of this is to assist the applicant in using the various provisions of the Comprehensive Plan, Ordinance, and development standards to achieve the best possible balance of development and open space protection.

1103.03 Approval Period And Time Extension

1. Open space review approval is valid for four years from the date of the final written decision.  If the County's final written decision is appealed, the approval period shall commence on the date of the final appellate decision.  During this four-year period, the approval shall be implemented, or the approval will become void. 
   1. "Implemented" means all major development permits shall be obtained and maintained for the approved development, or if no major development permits are required to complete the development contemplated by the open space review approval, "implemented" means all other necessary County development permits (e.g. grading permit, building permit for an accessory structure) shall be obtained and maintained.  A "major development permit" is:
      1. A building or manufactured dwelling placement permit for a new primary structure that was part of the open space review approval; or
      2. A permit issued by the County Engineering Division for parking lot or road improvements required by the open space review approval.
2. If the open space review approval is not implemented within the initial approval period established by Subsection 1103.03(A), a two-year time extension may be approved pursuant to Section 1310.

1103.04 Submittal Requirements

In addition to the submittal requirements identified in Subsection 1307.07(C), an application for open space review shall include:

1. Building or manufactured dwelling placement permit submittal requirements for single-family dwellings on lots of record created prior to January 31, 1980, shall include any materials reasonably necessary for adequate review of the project's impact on the open space resource.  Examples are:
   1. A site plan showing existing natural features of the subject property and existing development, as well as proposed development, tree cutting activity, or other modification of open space re­sources; and
   2. Cross-section of any area within the open space resource where terrain modifications will occur.
2. Submittal requirements for subdivisions and partitions shall be those identified in Section 1105, Subdivisions, Partitions, Replats, Condominium Plats, and Vacations of Recorded Plats.
3. Submittal requirements for commercial, industrial, and multifamily developments shall be those identified in Section 1102, Design Review. 

[Amended by Ord. ZDO-230, 9/26/11; Amended by Ord. ZDO-248, 10/13/14; Amended by Ord. ZDO-253, 6/1/15]

1102.01 Purpose And Applicability

Section 1102 is adopted to provide standards, criteria, and procedures under which design review may be approved.

1. Design review is required for:
   1. Development, redevelopment, expansions, and improvements in:
      1. Commercial zoning districts;
      2. Industrial zoning districts;
      3. HDR, MR-1, MR-2, MRR, PMD, RCHDR, SHD, VA, and VTH Districts;
   2. Institutional uses in Urban Low Density Residential, VR-4/5, and VR-5/7 Districts;
   3. Townhouses and institutional uses in the HR District; and
   4. Other uses as required by the Planning Director, the Hearings Officer, or the Board of County Commissioners.
2. Notwithstanding Subsection 1102.01(A)(1), design review is not required for detached single-family dwellings, manufactured dwellings, prefabricated structures, and uses accessory to detached single-family dwellings, manufactured dwellings, and prefabricated structures.
3. Notwithstanding Subsection 1102.01(A), design review is not required for stormwater management facilities permitted as an accessory or primary use; utility cabinets that comply with Section 830, Utility Cabinets; utility facilities in road rights-of-way; and utility lines.

1102.02 Submittal Requirements  

In addition to the submittal requirements identified in Subsection 1307.07(C), an application for design review shall include:   

1. A narrative describing the proposed use;  
2. An engineering geologic study, if required pursuant to Section 1002, Protection of Natural Features, or 1003, Hazards to Safety;  
3. Preliminary statements of feasibility, if required pursuant to Section 1006, Utilities, Street Lights, Water Supply, Sewage Disposal, Surface Water Management, and Erosion Control; 
4. A transportation impact study, if required pursuant to Section 1007, Roads and Connectivity;
5. Calculations demonstrating compliance with Section 1012, Lot Size and Density, if applicable;   
6. A vicinity map showing the location of the subject property in relation to adjacent properties, roads, bikeways, pedestrian access, utility access, and manmade or natural site features that cross the boundaries of the subject property;  
7. An existing conditions map, drawn to a scale of not less than one inch equals 50 feet, showing: 
   1. Contour lines at two-foot intervals for slopes of 20 percent or less within an urban growth boundary; contour lines at five-foot intervals for slopes exceeding 20 percent within an urban growth boundary; contour lines at 10-foot intervals outside an urban growth boundary; source of contour information.  
   2. Slope analysis designating portions of the site according to the following slope ranges and identifying the total land area in each category:  zero to 20 percent, greater than 20 percent to 35 percent, greater than 35 percent to 50 percent, and greater than 50 percent;  
   3. Drainage;  
   4. Potential hazards to safety, including areas identified as mass movement, flood, soil, or fire hazards pursuant to Section 1003;  
   5. Natural features, such as rivers, streams, wetlands, underground springs, wildlife habitat, earth mounds, and large rock outcroppings;  
   6. Wooded areas, significant clumps or groves of trees, and specimen conifers, oaks, and other large deciduous trees. Where the site is heavily wooded, an aerial photograph, at a scale of not more than 1 inch equals 400 feet, may be submitted and only those trees that will be affected by the proposed development need be sited accurately;  
   7. Overlay zoning districts regulated by Section 700, Special Districts;  
   8. Noise sources;  
   9. Sun and wind exposure;  
   10. Significant views;   
   11. Structures, impervious surfaces, utilities, onsite wastewater treatment systems, landscaping, driveways and easements (e.g., access, utility, storm drainage).  Note whether these will remain or be removed and provide dimensions of driveways and easements; and 
   12. All of the following that are on or adjacent to the subject property, including dimensions and, if applicable, names:  existing roads, platted unconstructed roads, railroad rights-of-way, bikeways, curbs, sidewalks, pedestrian pathways, accessways, and trails.
8. A proposed site plan, drawn to a scale of not less than one inch equals 50 feet, showing: 
   1. The subject property, including contiguous property under the same ownership as the subject property, and adjacent properties;  
   2. Property lines and dimensions for the subject property.  Indicate any proposed changes to these;  
   3. Natural features to be retained;  
   4. Location, dimensions, and names of all existing or platted roads or other public ways, easements, and railroad rights-of-way on or adjacent to the subject property;  
   5. The location of at least one temporary benchmark and spot elevations;  
   6. Location and dimensions of structures, impervious surfaces, and utilities, whether proposed or existing and intended to be retained.  For phased developments, include future buildings; 
   7. Approximate location and size of storm drainage facilities; 
   8. Relation to transit; parking and loading areas, including dimensions and number of individual parking and loading spaces and drive aisles; bicycle racks; walkways; and pedestrian crossings;  
   9. Orientation of structures showing windows and doors; 
   10. Location and type of lighting;  
   11. Service areas for waste disposal, recycling, loading, and delivery; 
   12. Location of mail boxes; 
   13. Freestanding signs; and
   14. Pedestrian amenities;  
9. A grading plan, drawn to a scale of not less than one inch equals 50 feet, showing location and extent of proposed grading, general contour lines, slope ratios, slope stabilization proposals, and natural resources protection consistent with Sections 1002 and 1003; 
10. Architectural drawings, including:  
    1. Building elevations, including any building signs. Identify the dimensions, area, color, materials, and means of illumination of such signs. Identify and show dimensions of any electronic message center or other changeable copy sign areas;  
    2. Building sections;  
    3. Floor plans;  
    4. Color and type of building materials; and  
    5. Elevation of freestanding sign(s). Identify the dimensions—including total height and height between bottom of sign and ground, area, color, materials, and means of illumination.  Identify and show dimensions of any electronic message center or other changeable copy sign areas; and
    6. Gross floor area, in square feet, of each structure; floor area ratio if a minimum floor area ratio standard applies; and number of dwelling units; 
11. A general landscaping plan, drawn to a scale of not less than one inch equals 50 feet, showing the elements required on the proposed site plan and:  
    1. Existing plants and groups of plants proposed;  
    2. Description of soil conditions; plans for soil treatment such as stockpiling of topsoil or addition of soil amendments; and plant selection requirements relating to soil conditions; 
    3. Erosion controls, including plant materials and soil stabilization, if any;  
    4. Irrigation system; 
    5. Landscape-related structures such as fences, terraces, decks, patios, shelters and play areas; and  
    6. Open space and recreational areas and facilities, if applicable.
12. A transportation improvement plan that includes proposed cross-sections for roads to be constructed or improved, including widths of travel lanes, bikeways, sidewalks, curbs, pedestrian pathways, and landscape strips. Identify proposed landscape plan for landscape strips, including street tree type, size and location.  Identify proposed dedication of right-of-way.

1102.03 Approval Criteria

Design review requires review as a Type II application pursuant to Section 1307, Procedures, and shall be subject to the following standards and criteria:

1. The proposed development shall be subject to Section 1000, Development Standards, and the standards of the applicable zoning district.  
2. As part of design review in the PMU and RCO Districts, a master plan shall be required if the proposed development does not meet the minimum floor area ratio for the entire site (where phased compliance is permitted by Table 510-2, Dimensional Standards in the Urban Commercial and Mixed-Use Zoning Districts) or if compliance with Table 510-3: Site-Specific Requirements for the PMU District, is not being achieved for the entire PMU site. The master plan shall demonstrate that it is feasible to achieve full compliance with a future phase of development that is not reliant upon adding additional stories to existing or proposed structures or demolishing structures built after the PMU or RCO District was applied to the subject property.
3. As part of design review of development of any portion of the OA District, a master plan shall be required for the subject property and all contiguous lots with a Comprehensive Plan land use designation of Office Apartment. The master plan shall include a plan for consolidation of motor vehicle accesses for the entire Office Apartment site that complies with the access targets of Comprehensive Plan Map X-SC-5, Sunnyside Corridor Community Plan Sunnyside Road Access Management Targets.

1102.04 Design Review Committee

A Design Review Committee shall be established pursuant to Subsection 1307.03 and shall have the responsibilities assigned to it by Subsection 1102.04.

1. The Planning Director may review and render a decision on a Type II application for design review or forward the application to the Design Review Committee for review and recommendation prior to rendering a decision. In deciding whether to forward an application to the Design Review Committee, the Planning Director shall consider:   
   1. The size of the project, including mass of buildings, site area, landscaping, and parking requirements;  
   2. The presence of natural features, such as wetlands, steep slopes, treed area, and riparian corridors;  
   3. Visual significance; and 
   4. Impact on neighboring properties, particularly where a project is adjacent to a residential area.  
2. An application shall be forwarded to the Design Review Committee for review and recommendation if requested by the applicant or required by the Hearings Officer or the Board of County Commissioners.  
3. The Planning Director may consult with individual members of the Design Review Committee at any point during the evaluation of a design review application or in determining compliance with conditions of design review approval.  

1102.05 Approval Period And Time Extension

1. Approval of design review is valid for four years from the date of the final decision. If the County's final decision is appealed, the approval period shall commence on the date of the final appellate decision. During this four-year period, the approval shall be implemented, or the approval will become void. 
   1. Implemented means all major development permits shall be obtained and maintained for the approved development, or if no major development permits are required to complete the development contemplated by the design review approval, implemented means all other necessary County development permits (e.g., grading permit, building permit for an accessory structure) shall be obtained and maintained. A major development permit is:
      1. A building permit for a new primary structure that was part of the design review approval; or
      2. A permit issued by the County for parking lot or road improvements required by the design review approval.
2. If the design review approval is not implemented within the initial approval period established by Subsection 1102.05(A), a two-year time extension may be approved pursuant to Section 1310, Time Extension.
3. If the design review approval is implemented, a master plan approved as part of the design review approval remains applicable to future development of the subject property unless a modification to the master plan, or a new master plan, is approved or the requirement for master planning no longer applies to the subject property.

[Amended by Ord. ZDO-224, 5/31/2011; Amended by Ord. ZDO-230, 9/26/2011; Amended by Ord. ZDO-249, 10/13/2014; Amended by Ord. ZDO-250, 10/13/2014; Amended by Ord. ZDO-248, 10/13/2014; Amended by Ord. ZDO-252, 6/1/2015; Amended by Ord. ZDO-266, 5/23/2018; Amended by Ord. ZDO-282, 7/1/2022; Amended by Ord. ZDO-283, 9/5/2023; Amended by Ord. ZDO-285, 9/3/2024; Amended by Ord. ZDO-288, 9/9/2024]

1021.01 Applicability

Section 1021 applies to:

1. Multifamily dwellings; and
2. Institutional, commercial, and industrial developments.

1021.02 Definitions

In addition to the definitions in Chapter 10.03, Solid Waste and Wastes Management, of the Clackamas County Code the following definitions apply to Section 1021:

1. Compactor:  Any self-contained, power-driven, mechanical equipment designed for the containment and compaction of solid waste or wastes or recyclable materials.
2. Container:  A receptacle with wheels, one cubic yard or larger in size, used to store solid waste or wastes or recyclable materials, but not a drop box or compactor.
3. Drop Box:  A single container designed for the storage and collection of large volumes of solid waste or wastes or recyclable materials, which is usually 10 cubic yards or larger in size.
4. Receptacle:  A can, cart, container, drop box, compactor, recycling bin, or any other means of containment of solid waste or wastes or recyclable materials.
5. Enclosure:  A structure designed to provide shelter for receptacles.
6. Recycling Shelter:  A pre-manufactured structure designed for containment and storage of recyclable materials.
7. Recycling and Solid Waste Service Area:  An area designed and established for the purpose of satisfying the local collection service franchisee's service requirements.

1021.03 General Standards

1. Pads:  Compactors, containers, and drop boxes shall be located on a level Portland Cement concrete pad, a minimum four inches thick, at ground level or other location compatible with the local collection service franchisee's equipment at the time of construction.  The pad shall be designed to discharge surface water runoff to avoid ponding.
2. Recycling and Solid Waste Service Areas:
   1. Recycling receptacles shall be designed and located to serve the collection requirements for the specific type of material.
   2. Recycling service areas shall be located in close proximity to the solid waste container areas and be accessible to the local collection service franchisee's equipment.
   3. Recycling receptacles or shelters located outside a structure shall have lids and be covered by a roof constructed of water- and insect-resistive material. 
   4. The location of recycling service areas and method of storage shall be approved by the local fire marshal.
   5. Recycling and solid waste service areas shall be at ground level and be accessible to the local collection service franchisee.
   6. Recycling and solid waste service areas shall be used only for storing solid waste and recyclable materials.
   7. Recycling and solid waste service areas and equipment shall be maintained in a clean and safe condition pursuant to Chapter 10.03, Solid Waste and Wastes Management, of the Clackamas County Code.
3. Special Wastes or Recyclable Materials:
   1. Hazardous wastes defined in Oregon Revised Statutes 466.005 shall be located, prepared, stored, maintained, collected, transported, and disposed in a manner acceptable to the Oregon Department of Environmental Quality.
   2. Containers used to store cooking oils, grease, or animal renderings for recycling or disposal shall not be located in the principal recyclable materials or solid waste storage areas.  These materials shall be stored in a separate storage area designed for such purpose.

1021.04 Enclosure And Gate Standards

1. Gate Access:  Gates shall be designed to permit sufficient service access for the local collection service franchisee's equipment and personnel.
2. Gate Swing:  The gate swing shall be free of obstructions and have restrainers in the open and closed positions.
3. Bumper Curb:  Enclosures constructed of wood or chain link fencing material shall contain a two- to four-inch high bumper curb at ground level located 12 inches inside the perimeter walls of the enclosure or fencing to prevent damage from container impacts.
4. Bumper Rail:  Enclosures constructed of concrete, brick, and masonry block or similar materials shall contain a bumper curb described in Subsection 1021.04(C) or a bumper rail to prevent damage from container impacts.  The rail shall be secured by anchor bolts recessed in the rail within the perimeter walls of the enclosure at a height compatible with the receptacle.
5. Obstructions and Accumulations:  All areas around the receptacles shall be kept free of obstructions and accumulations of waste matter, grease, oil, water, and standing water.

1021.05 Receptacle Standards

1. Containers:  Enclosures shall be designed consistent with the following standards:
   1. Length and width of the service container.
   2. A minimum of two feet, including pad area, shall be provided around the sides and rear of each container.
   3. A minimum three feet, including pad area, shall be provided in front of each container for maneuverability in depositing solid waste or recyclable materials.  In cases where the containers face each other, a minimum four feet shall be provided.
   4. Containers two cubic yards or less in size shall be provided with a minimum nine feet of unobstructed overhead or vertical clearance for servicing.
   5. Containers greater than two cubic yards in size shall be provided with a minimum 20 feet of unobstructed overhead or vertical clearance for servicing.
2. Drop Boxes and Compactors:
    
   1. The pad shall be a minimum of 14 feet wide and a minimum of five feet longer than the length of the drop box or compactor.
       
   2. The pad shall be located a minimum of two feet from any perimeter wall or structure.
       
   3. Drop boxes and compactors shall be located a minimum of five feet from any combustible wall, structure, opening, or overhang.  This may be reduced to a minimum of two feet provided the pad is located adjacent to a noncombustible wall, structure, opening, or overhang.
       
   4. Loading dock areas shall have a guide rail and bumper stop placed at ground level or at dock level where the rear of the drop box or compactor is to rest to protect any enclosure, wall, or structure from damage due to loading or unloading.
       
   5. Compactors shall be compatible with the local collection service franchisee's equipment and weight limits prescribed by state and local law. 

1021.06 Vehicle Access

1. Vehicular access to the front of a container pad, shelter, or enclosure shall be a minimum of 45 feet long and a minimum of 12 feet wide.
    
2. Vehicular access to service a drop box or compactor shall include the pad length required in Subsection 1021.06(A) plus a minimum of 65 feet in front of the loading hook placement position.
    
3. The vehicular access to a pad or enclosure shall be hard-surfaced consistent with the off-street parking provisions of Section 1015, Parking and Loading.
    
4. In the absence of an on-site through street or driveway, a cul-de-sac with a minimum 50-foot turning radius shall be provided for vehicle maneuvering at the end of a private dead-end street or driveway.  A standard emergency services hammerhead turnaround, consistent with the County's standards for road improvements, may be granted in lieu of the cul-de-sac if the local fire district approves the design.
    
5. The grade for access to the pad or enclosure shall not exceed three percent.  Exceptions may be granted when compatible with the equipment manufacturer's specifications and consistent with Subsection 1021.08.

1021.07 Signs

"No parking" signs shall be placed in a prominent location on the enclosure or shelter and painted on the pavement in front of the enclosure or shelter to provide unobstructed and safe access for servicing receptacles.  Signs clearly identifying recycling containers and type of recyclable material shall be posted on each container.

1021.08 Modifications

Modifications to the standards of Section 1021 may be permitted when:

1. The modifications are consistent with the provision of:
   1. Efficient, safe, and convenient siting of recycling and solid waste service areas; and
   2. Efficient, safe, and convenient on-site maneuvering of collection vehicles, equipment, and personnel for servicing recycling and solid waste service areas; and
2. Written evidence is provided from the local collection service franchisee that the proposed modifications are compatible with the franchisee's methods of operation.

[Amended by Ord. ZDO-224, 5/31/11; Amended by Ord. ZDO-268, 10/2/18; Amended by Ord. ZDO-282, 7/1/22]

1017.01 Applicability

Section 1017 applies to subdivisions, partitions, and Type II replats in the VR-4/5, VR-5/7, R-5, R-7, R-8.5, R-10, R-15, R-20, and R-30 Districts.

1017.02 Definitions

The following definitions apply to Section 1017:

1. CROWN COVER: The area within the drip line of a tree.
2. FRONT LOT LINE: A lot line abutting a street.  For corner lots, the front lot line is that with the narrowest street frontage.  When the lot line abutting a street is curved, the front lot line is the chord or straight line connecting the ends of the curve.  For a flag lot, the front lot line is the lot line that is most parallel to and closest to the street, excluding the pole portion of the flag lot.  (See Figure 1017-1.) 
   
    
    
3. NORTHERN LOT LINE: The lot line that is the smallest angle from a line drawn east-west and intersecting the northernmost point of the lot, excluding the pole portion of a flag lot.  If two lot lines have an identical angle relative to a line drawn east-west, the northern lot line shall be an east-west line 10 feet in length within the lot in the northernmost point possible.  (See Figure 1017-2.)  
   
   
4. NORTH-SOUTH DIMENSION: The length of a line beginning at the midpoint of the northern lot line and extending in a southerly direction perpendicular to the northern lot line until it reaches a lot line.  (See Figure 1017-3.)
   
    
5. UNDEVELOPABLE AREA:  An area that cannot be used practicably for a habitable structure because of natural conditions, such as slopes exceeding 20 percent in a direction greater than 45 degrees east or west of true south, severe topographic relief, water bodies, or conditions that isolate one portion of a property from another portion so that access is not practicable to the unbuildable portion; or man-made conditions, such as right-of-way; existing development which isolates a portion of the site and prevents its further development; setbacks or development restrictions that prohibit development of a given area of a lot by law or private agreement; or existence or absence of easements or access rights that prevent development of a given area.

1017.03 Design Standard

Except as established by Subsection 1017.04, a minimum of 70 percent of the lots or parcels in the subdivision, partition, or Type II replat shall:

1. Have a minimum north-south dimension of 90 feet.  Undevelopable area, other than a required setback area, may be included in the north-south dimension if it abuts either of the lot lines used in calculating north-south dimension; and
2. Have a front lot line that is oriented within 30 degrees of a true east-west axis.  (See Figure 1017-4.)  
   
   

1017.04 Exceptions to the Design Standard

The minimum percentage of lots or parcels that must comply with Subsection 1017.03 shall be reduced to the minimum extent necessary if one or more of the following site characteristics apply:

1. Density and Cost:  If Subsection 1017.03 is applied, either the resulting density would be less than that proposed, the minimum density would be less than that required in Section 1012, Lot Size and Density, or on-site site development costs (e.g., grading, roads, and water, surface water management and sanitary sewer systems) are at least five percent more per lot or parcel than if the standard is not applied due to one of the following conditions:
   1. The subject property, or a portion of the subject property for which the exception is sought, has a natural grade that is sloped 20 percent or more and is oriented greater than 45 degrees east or west of true south, based on a topographic survey by a professional land surveyor registered in the State of Oregon.
   2. The subject property includes a significant natural feature identified in the Comprehensive Plan, designated open space identified in the Comprehensive Plan, a highly or moderately restricted area identified in Subsection 1012.05, or a protected water resource and associated vegetated corridor regulated by the surface water management authority, that:
      1. Prevents given streets, lots, or parcels from being oriented for solar access; and
      2. Will remain undeveloped.
   3. Existing road patterns must be continued through the subject property or must terminate on-site to comply with applicable road standards or planned roads in a way that prevents given streets, lots, or parcels from being oriented for solar access.
   4. An existing public easement or right-of-way prevents given streets, lots, or parcels from being oriented for solar access. 
2. Development Amenities:  If Subsection 1017.03 is applied to a given lot or parcel, significant development amenities that would otherwise benefit the lot or parcel will be lost or impaired.  Evidence that a significant diminution in the market value of the lot or parcel would result from having the lot or parcel comply with Subsection 1017.03 is relevant to whether a significant development amenity is lost or impaired. 
3. Existing Shade: As demonstrated by a scaled tree survey or an aerial photograph, trees a minimum of 30 feet tall, and more than six inches in diameter at a point four feet above grade, have a crown cover over at least 80 percent of a given lot or parcel, and at least 50 percent of the crown cover will remain after development of the lot or parcel.
   1. Trees are assumed to remain if the trees do not need to be removed for a driveway or other development and at least one of the following applies:
      1. The trees are in a required setback;
      2. The trees are part of an existing or proposed park, open space, or recreational amenity;
      3. The trees are separated from the developable remainder of their lot or parcel by an undevelopable area or feature; or
      4. The trees are required to be preserved pursuant to Subsection 1002.03(A).
   2. Those trees that are assumed to remain; required for compliance with the minimum crown cover standard of Subsection 1017.04(C); and located on the subject property, or contiguous property under the same ownership as the subject property, shall be preserved and protected pursuant to Subsection 1002.03.

[Amended by Ord. ZDO-253, 6/1/15; Amended by Ord. ZDO-266, 5/23/18; Amended by Ord. ZDO-268, 10/2/18]