Planning and Zoning

843.01 Procedure

An accessory historic dwelling requires review as a Type I application pursuant to Section 1307, Procedures.

843.02 Minimum Lot Size

An accessory historic dwelling may only be permitted on a lot of record at least two acres in size.

843.03 Conversion in Conjunction with New Dwelling

1. A detached single-family dwelling legally built between 1850 and 1945 may be converted from a primary dwelling to an accessory dwelling upon completion of a new detached single-family dwelling, or the placement of a manufactured dwelling, on the same lot of record.
2. As used in Subsections 843.03(A) and 843.04(A):
   1. "New" means that the single-family dwelling being constructed did not previously exist in residential or nonresidential form; "new" does not include the acquisition, alteration, renovation, or remodeling of an existing structure;
   2. "Placement of a manufactured dwelling" means the placement of a manufactured dwelling that did not previously exist on the subject lot of record; it may include the placement of a manufactured dwelling that was previously used as a dwelling on another lot and moved to the subject lot of record.

843.04 Alteration and Replacement

1. An accessory historic dwelling may not be altered, renovated, or remodeled so that its square footage is more than 120 percent of its square footage at the time construction of the new detached single-family dwelling, or placement of a manufactured dwelling, commenced.
2. An accessory historic dwelling may not be replaced if it is lost to fire, destroyed, or removed for any reason.

[Added by Ord. ZDO-269, 9/6/18; Amended by Ord. ZDO-276, 10/1/20]

841.01 Procedure

Marijuana production and marijuana retailing require review as Type I applications pursuant to Section 1307, Procedures. Marijuana processing requires review as a Type II application pursuant to Section 1307.

841.02 Marijuana Production

Marijuana production shall be subject to the following standards and criteria:

1. A. Maximum Number of Licensed Premises/Registered Sites: In the AG/F, EFU, and TBR Districts, only one premises licensed for marijuana production by the Oregon Liquor Control Commission¹ or one medical marijuana grow site registered by the Oregon Health Authority² may be located on a tract.
2. Outdoor Production:
   1. Outdoor production means producing marijuana:
      1. a. In an expanse of open or cleared ground; or
      2. In a greenhouse, hoop house, or similar non-rigid structure that does not utilize any artificial lighting on mature marijuana plants, including but not limited to electrical lighting sources. A mature marijuana plant is a marijuana plant that is flowering.
   2. Outdoor production is prohibited in the FF-10 and RRFF-5 Districts but is permitted in the AG/F, EFU, and TBR Districts. Where permitted, outdoor production is subject to the same standards and criteria as indoor production, except where specifically noted.
3. Minimum Tract Size: A minimum tract size standard shall apply as follows:
   1. In the FF-10 and RRFF-5 Districts, the subject tract shall be a minimum of five acres, except that if the majority of abutting lots of record are equal to or greater than two acres, the subject tract shall be a minimum of two acres. Abutting lots of record include lots of record that are contiguous to the subject tract, as well as lots of record directly across any access drive, or private, public, or county road, provided the functional classification of the road is below that of a collector.
   2. In the AG/F, EFU, and TBR Districts, the subject tract shall be a minimum of two acres, except that if outdoor production is proposed, the subject tract shall be a minimum of five acres.
4. Minimum Setback/Distance from Lot Lines: The following standards shall apply:
   1. In the FF-10 and RRFF-5 Districts, the minimum front, rear, and side setbacks for any structure used for marijuana production shall be 50 feet.
      1. a. Pursuant to Oregon Revised Statutes (ORS) 475B.340(2)(b), these setback standards do not apply to an agricultural building used to produce marijuana located on a premises for which a license has been issued under ORS 475B.070 if the agricultural building:
         1. Was constructed on or before July 1, 2015, in compliance with all applicable land use and building code requirements at the time of construction;
         2. ii. Is located at an address where a marijuana grow site first registered with the OHA under ORS 475B.420 on or before January 1, 2015;
         3. iii. Was used to produce marijuana pursuant to the provisions of ORS 475B.400 to 475B.525 on or before January 1, 2015; and
         4. iv. Has four opaque walls and a roof.
   2. In the AG/F, EFU, and TBR Districts:
      1. a. Outdoor production shall be a minimum of 100 feet from all lot lines.
      2. Structures used for indoor production shall comply with the setback standards of the subject zoning district.
   3. If the subject property is a tract that includes more than one lot of record, Subsections 841.02(D)(1) and (2)(a) do not apply to the lot line(s) that only separate these lots of record from one another. However, the setback standards of the subject zoning district still apply.
5. Enclosed Buildings: In the FF-10 and RRFF-5 Districts, marijuana production shall be located entirely within one or more completely enclosed buildings.
6. Maximum Building Floor Space: The following standards apply in the FF-10 and RRFF-5 Districts:
   1. A maximum of 5,000 square feet of building floor space may be used for marijuana production and all activities associated with marijuana production (hereinafter referred to as marijuana production space) on the subject tract.
   2. If only a portion of a building is authorized as marijuana production space, a partition wall at least seven feet in height, or a height as required by the County Building Codes Division, whichever is greater, shall separate the marijuana production space from the remainder of the building. A partition wall may include a door, capable of being closed, for ingress and egress between the marijuana production space and the remainder of the building.
7. Access: If the subject tract takes access via a private road or access drive that also serves other properties, evidence shall be provided, in the form of a petition, that all other property owners who have access rights to the private road or access drive agree to allow the specific marijuana production described in the application. Such evidence shall include any conditions stipulated in the agreement.
8. Lighting: Lighting shall be regulated as follows:
   1. Light cast by light fixtures inside any building used for marijuana production shall not be visible outside the building from 7:00 p.m. to 7:00 a.m. the following day.
   2. Marijuana grow lights located outside a building shall not be illuminated from 7:00 p.m. to 7:00 a.m. the following day.
   3. Light cast by exterior light fixtures other than marijuana grow lights (e.g., security lights, driveway lights) shall not be directed skyward and shall be directed within the boundaries of the subject tract.
9. Odor: As used in Subsection 841.02(I), building means the building, or portion thereof, used for marijuana production. However, Subsection 841.02(I) does not apply to a building approved as part of outdoor production pursuant to Subsection 841.02(B)(1)(b).
   1. The building shall be equipped with an activated carbon filtration system for odor control to ensure that air leaving the building through an exhaust vent first passes through an activated carbon filter.
   2. The filtration system shall consist of one or more fans and activated carbon filters. At a minimum, the fan(s) shall be sized for cubic feet per minute (CFM) equivalent to the volume of the building (length multiplied by width multiplied by height) divided by three. The filter(s) shall be rated for the applicable CFM.
   3. The filtration system shall be maintained in working order and shall be in use. The filters shall be changed a minimum of once every 365 days.
   4. Negative air pressure shall be maintained inside the building.
   5. Doors and windows shall remain closed, except for the minimum length of time needed to allow people to ingress or egress the building.
   6. The filtration system shall be designed by an engineer licensed in the State of Oregon. The engineer shall stamp the design and certify that it complies with Subsection 841.02(I).
   7. An alternative odor control system is permitted if the applicant submits a report by an engineer licensed in the State of Oregon demonstrating that the alternative system will control odor as well or better than the activated carbon filtration system otherwise required.
10. Noise: The applicant shall submit a noise study by an engineer licensed in the State of Oregon. The study shall demonstrate that generators used in association with marijuana production, as well as mechanical equipment used for heating, ventilating, air conditioning, or odor control in association with marijuana production, will not cumulatively produce sound that, when measured at any lot line of the subject tract, exceeds 50 dB(A). Only generators used in association with marijuana production and mechanical equipment used in association with marijuana production are subject to this standard.
11. Security Cameras: If used, security cameras shall be directed to record only the subject tract and may be directed to public rights-of-way as applicable, except as required to comply with licensing requirements of the OLCC or registration requirements of the OHA.
12. Water: The applicant shall submit proof of a legal source of water as evidenced by:
    1. A copy of a water right permit, certificate, or other water use authorization from the Oregon Water Resources Department (OWRD);
    2. A statement from a public or private water provider that water is supplied by that water provider. The statement shall include the name and contact information of the water provider; or
    3. Proof from the OWRD that the water to be used for marijuana production is from a source that does not require a water right.
13. Waste Management: Marijuana waste shall be stored in a secured waste receptacle in the possession of and under the control of the OLCC licensee or OHA registrant.
14. Residency: In the FF-10 and RRFF-5 Districts, a minimum of one of the following shall reside in a dwelling unit on the subject tract:
    1. An owner of the subject tract;
    2. A holder of an OLCC license for marijuana production, provided that the license applies to the subject tract; or
    3. A person registered with the OHA as a person designated to produce marijuana by a registry identification cardholder, provided that the registration applies to the subject tract.
15. Fencing: The maximum height of any fencing on the subject tract shall be 10 feet. Fences, walls, or other barriers shall not be electrified, or use barbed wire, razor wire, concertina coils, anti-climb spikes or any other similar security feature designed to discourage ingress through the potential of causing bodily harm.
16. P. Exceptions: Marijuana production, provided such production is done pursuant to registration with the OHA, is not required to comply with Subsections 841.02(H)(3) and (I) through (O), provided that the minimum front, rear, and side setbacks for any structure used for marijuana production shall be 100 feet.

841.03 Marijuana Processing

Marijuana processing shall be subject to the following standards and criteria:

1. A. Maximum Number of Licensed Premises/Registered Sites: Only one premises licensed for marijuana processing by the OLCC or one medical marijuana processing site registered by the OHA may be located on the subject lot of record.
2. Minimum Lot of Record Size: The subject lot of record shall be a minimum of 10 acres.
3. Minimum Setbacks: The minimum front, rear, and side setbacks for any structure used for marijuana processing shall be 100 feet.
4. Enclosed Buildings: Marijuana processing shall be located entirely within one or more completely enclosed buildings.
5. Access: If the subject lot of record takes access via a private road or access drive that also serves other properties, evidence shall be provided, in the form of a petition, that all other property owners who have access rights to the private road or access drive agree to allow the specific marijuana processing described in the application. Such evidence shall include any conditions stipulated in the agreement.
6. Lighting: Lighting shall be regulated as follows:
   1. Light cast by light fixtures inside any building used for marijuana processing shall not be visible outside the building from 7:00 p.m. to 7:00 a.m. the following day.
   2. Light cast by exterior light fixtures (e.g., security lights, driveway lights) shall not be directed skyward and shall be directed within the boundaries of the subject lot of record.
7. Odor: As used in Subsection 841.03(G), building means the building, or portion thereof, used for marijuana processing.
   1. The building shall be equipped with an activated carbon filtration system for odor control to ensure that air leaving the building through an exhaust vent first passes through an activated carbon filter.
   2. The filtration system shall consist of one or more fans and activated carbon filters. At a minimum, the fan(s) shall be sized for cubic feet per minute (CFM) equivalent to the volume of the building (length multiplied by width multiplied by height) divided by three. The filter(s) shall be rated for the applicable CFM.
   3. The filtration system shall be maintained in working order and shall be in use. The filters shall be changed a minimum of once every 365 days.
   4. Negative air pressure shall be maintained inside the building.
   5. Doors and windows shall remain closed, except for the minimum length of time needed to allow people to ingress or egress the building.
   6. The filtration system shall be designed by an engineer licensed in the State of Oregon. The engineer shall stamp the design and certify that it complies with Subsection 841.03(G).
   7. An alternative odor control system is permitted if the applicant submits a report by an engineer licensed in the State of Oregon demonstrating that the alternative system will control odor as well or better than the activated carbon filtration system otherwise required.
8. Noise: The applicant shall submit a noise study by an engineer licensed in the State of Oregon. The study shall demonstrate that generators used in association with marijuana production or processing, as well as mechanical equipment used for heating, ventilating, air conditioning, or odor control in association with marijuana production or processing, will not cumulatively produce sound that, when measured at any lot line of the subject lot of record, exceeds 50 dB(A). Only generators used in association with marijuana production or processing and mechanical equipment used in association with marijuana production or processing are subject to this standard.
9. Security Cameras: If used, security cameras shall be directed to record only the subject lot of record and may be directed to public rights-of-way as applicable, except as required to comply with licensing requirements of the OLCC or registration requirements of the OHA.
10. Water: The applicant shall submit proof of a legal source of water as evidenced by:
    1. A copy of a water right permit, certificate, or other water use authorization from the Oregon Water Resources Department (OWRD);
    2. A statement from a public or private water provider that water is supplied by that water provider. The statement shall include the name and contact information of the water provider; or
    3. Proof from the OWRD that the water to be used for marijuana processing is from a source that does not require a water right.
11. Waste Management: Marijuana waste shall be stored in a secured waste receptacle in the possession of and under the control of the OLCC licensee or OHA registrant.
12. Fencing: The maximum height of any fencing on the subject lot of record shall be 10 feet. Fences, walls, or other barriers shall not be electrified, or use barbed wire, razor wire, concertina coils, anti-climb spikes or any other similar security feature designed to discourage ingress through the potential of causing bodily harm.
13. Exceptions: Marijuana processing, provided such processing is done pursuant to registration with the OHA, is not required to comply with Subsection 841.03(F)(2) and (G) through (L).

841.04 Marijuana Retailing

Marijuana retailing shall be subject to the following standards and criteria:

1. A. Odor: As used in Subsection 841.04(A), building means the building, or portion thereof, used for marijuana retailing.
   1. The building shall be equipped with an activated carbon filtration system for odor control to ensure that air leaving the building through an exhaust vent first passes through an activated carbon filter.
   2. The filtration system shall consist of one or more fans and activated carbon filters. At a minimum, the fan(s) shall be sized for cubic feet per minute (CFM) equivalent to the volume of the building (length multiplied by width multiplied by height) divided by three. The filter(s) shall be rated for the applicable CFM.
   3. The filtration system shall be maintained in working order and shall be in use. The filters shall be changed a minimum of once every 365 days.
   4. Negative air pressure shall be maintained inside the building.
   5. Doors and windows shall remain closed, except for the minimum leength of time needed to allow people to ingress or egress the building.
   6. The filtration system shall be designed by an engineer licensed in the State of Oregon. The engineer shall stamp the design and certify that it complies with Subsection 841.04(A).
   7. An alternative odor control system is permitted if the applicant submits a report by an engineer licensed in the State of Oregon demonstrating that the alternative system will control odor as well or better than the activated carbon filtration system otherwise required.
2. Window Service: The use shall not have a walk-up window or drive-thru window service.
3. Waste Management: Marijuana waste shall be stored in a secured waste receptacle in the possession of and under the control of the OLCC licensee or OHA registrant.
4. Minors: No one under the age of 21 shall be permitted to be present in the building space occupied by the marijuana retailer, except as allowed by state law
5. Co-Location of Related Activities and Uses: Marijuana and tobacco products shall not be smoked, ingested, or otherwise consumed in the building space occupied by the marijuana retailer. In addition, marijuana retailing shall not be co-located on the same lot of record or within the same building with any marijuana social club or marijuana smoking club.
6. Minimum Separation Distances: Minimum separation distances shall apply as follows:
   1. The use shall be located a minimum of:
      1. a. 2000 feet from a public elementary or secondary school for which attendance is compulsory under Oregon Revised Statutes (ORS) 339.020, including any parking lot appurtenant thereto and any property used by the school; or a private or parochial elementary or secondary school, teaching children as described in ORS 339.030(1)(a), including any parking lot appurtenant thereto and any property used by the school;
      2. 1500 feet from a public park, public playground, government-owned recreational use, public library, substance use disorder service provider licensed by the OHA under Oregon Administrative Rules Chapter 415, Division 12, light rail transit station, or a multifamily dwelling owned by a public housing authority.
      3. 500 feet from a licensed daycare facility or licensed preschool, including any parking lot appurtenant thereto and any property used by the daycare facility or preschool;
      4. 100 feet from a zoning district listed in Section 300, Urban and Rural Residential Districts; however, this provision shall not apply if the subject property has street frontage on a principal interstate, principal expressway, principal arterial, or major arterial, as identified on Comprehensive Plan Map 5-4a, Road Functional Classification Urban, or 5-4b, Road Functional Classification Rural.
   2. If the use is licensed by the OLCC pursuant to ORS 475B.110, it shall be located a minimum of 1,000 feet from any other marijuana retailer so licensed by the OLCC.
   3. If the use is registered with the OHA pursuant to ORS 475B.450, it shall be located a minimum of 1,000 feet from any other marijuana retailer so registered with the OHA
   4. For purposes of Subsection 841.04(F)(1), distance shall be measured from the lot line of the affected property (e.g., a school) to the closest point of the building space occupied by the marijuana retailer. For purposes of Subsections 841.04(F)(2) and (3), distance shall be measured from the closest point of the building space occupied by one marijuana retailer to the closest point of the building space occupied by the other marijuana retailer.
   5. A change in use (including a zone change) to another property to a use identified in Subsection 841.04(F) after a complete Type I application for marijuana retailing has been filed shall not result in the marijuana retailer being in violation of Subsection 841.04(F).
   6. Subsection 841.04(F) does not apply to any marijuana retailer that obtained full, unconditional approval of a registration from the OHA on or before March 31, 2015, that is operating in a building space where marijuana retailing activities approved by the OHA have been continuously occurring in that building space since May 31, 2014, except during the effective dates of the Medical Marijuana Facility Moratorium adopted pursuant to Clackamas County Ordinance 01-2014.
   7. In case of a conflict under Subsection 841.04(F)(2) or (3), any person who has received approval of a Type I land use permit for marijuana retailing, shall be deemed to have established marijuana retailing at the approved location, so long as the marijuana retailer begins operation within one year of the date of the County's final decision on the Type I land use permit application. If more than one Type I application is in process with the County at one time, the County shall issue decisions in the order in which complete applications were filed.

841.05 Approval Period

1. A. Approval of a permit under Subsection 841.02 or 841.03 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 marijuana production or marijuana processing, or if no major development permits are required to complete the development contemplated by the approved marijuana production or marijuana processing, 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. A building permit for a new primary structure that was part of the approved development; orb. A permit issued by the County for parking lot or road improvements required by the approved development.
2. Approval of a permit under Subsection 841.04 is valid for one year from the date of the County's final decision. During this one-year period, the approval shall be implemented, or the approval will become void. Implemented means that the marijuana retailer has begun operation. Notwithstanding this one-year implementation period, a complete application for a marijuana retailing license shall be filed with the OLCC, or a complete application for a medical marijuana dispensary registration shall be filed with the OHA, within three months of the date of the County's final decision, or the approval will become void.

[Added by Ord. ZDO-254, 1/4/16; Amended by Ord. ZDO-254, 3/1/16; Amended by Ord. ZDO-263, 5/23/17; Amended by Ord. ZDO-264, 8/22/17; Amended by Ord. ZDO-271, 3/1/19; Amended by Ord. ZDO-276, 10/1/20]

¹ The Oregon Liquor Control Commission is referred to herein as "OLCC." References to OLCC shall include any successor entity that may be created by the State of Oregon to assume the responsibility of administering the state's recreational marijuana program.

² The Oregon Health Authority is referred to herein as "OHA." References to OHA shall include any successor entity that may be created by the State of Oregon to assume the responsibility of administering the state's medical marijuana program.

840.01 Exemption

Except as set forth in Section 840, farmers' markets are exempt from Sections 1000, Development Standards, and 1102, Design Review.

840.02 Standards

A farmers' market requires review as a Type II application pursuant to Section 1307, Procedures, and shall be subject to the following standards:

1. Location: If the farmers' market is in a residential zoning district, it shall be located at an institutional use and shall have different days and times of operation than the institutional use.
2. Parking: If the farmers' market is in a commercial or industrial zoning district and is proposed to operate when regular business operations are being conducted, adequate parking shall be provided pursuant to Section 1015, Parking and Loading.
   1. Fifty percent of the total area occupied by farmers' market stalls shall be calculated as developed area for the purpose of determining minimum required parking spaces.
   2. Parking spaces occupied by farmers' market stalls shall not be counted as available spaces during farmers' market operation.
3. Days and Hours of Operation:
   1. The farmers' market may be conducted on a maximum of two days each week.
   2. If the farmers' market is in a residential zoning district, it may be operated (including setup and dismantling) only between the hours of 8 a.m. and 8 p.m.
4. Signs: Signs are permitted pursuant to Section 1010, Signs.

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

839.01 Standards Inside an Urban Growth Boundary Or Unincorporated Community

Accessory dwelling units inside an urban growth boundary or unincorporated community shall comply with the following standards:

1. Only one accessory dwelling unit shall be allowed per detached single-family dwelling or manufactured dwelling.
2. No accessory dwelling unit shall be allowed in a cottage cluster development, or in a manufactured dwelling park, or accessory to a temporary dwelling approved pursuant to Section 1204, Temporary Permits.
3. In the R-2.5 and VTH Districts, only one accessory dwelling unit shall be allowed per townhouse.
4. The maximum floor area of an accessory dwelling unit shall be:
   1. 500 square feet in the R-2.5 District; and
   2. 900 square feet in all other zoning districts except the VR-4/5, VR-5/7, and VTH Districts.
5. When calculating floor area, all contiguous space in a building shall be included except:
   1. A primary dwelling unit;
   2. Space that is separated from the accessory dwelling unit with a wall that does not contain a door; and
   3. Space that is separated from the accessory dwelling unit with a wall that contains a door, if the door provides access only to unconditioned space (i.e., with no heating or cooling) that is provided with no plumbing.

839.02 Standards in the VR-4/5 And VR-5/7 Districts

In the VR-4/5 and VR-5/7 Districts, accessory dwelling units shall comply with the following standards:

1. An accessory dwelling unit either may be located above a detached garage, or it may be integral to a primary dwelling.
2. If the accessory dwelling unit is located above a detached garage:
   1. The maximum floor area of the accessory dwelling unit shall be 900 square feet. When calculating floor area, all contiguous space in a building shall be included except:
      1. A primary dwelling unit;
      2. Space that is separated from the accessory dwelling unit with a wall that does not contain a door; and
      3. Space that is separated from the accessory dwelling unit with a wall that contains a door, if the door provides access only to unconditioned space (i.e., with no heating or cooling) that is provided with no plumbing.       
   2. The accessory dwelling unit shall be subject to the standards in Table 315-3, Dimensional and Building Design Standards in the VR-5/7, VR-4/5, and VTH Districts, that apply to accessory structures in the VR-4/5 and VR-5/7 Districts.
3. If the accessory dwelling unit is integral to a primary dwelling, it shall be subject to the standards in Table 315-3 that apply to primary dwellings in the VR-4/5 and VR-5/7 Districts.

839.03 Standards int eh VTH District

In the VTH District, accessory dwelling units shall comply with the following standards:

1. An accessory dwelling unit either may be located above a detached garage, or it may be integral to a primary dwelling.
   1. The maximum floor area of the accessory dwelling unit shall be 500 square feet. When calculating floor area, all contiguous space in a building shall be included except:
      1. A primary dwelling unit;
      2. Space that is separated from the accessory dwelling unit with a wall that does not contain a door; and
      3. Space that is separated from the accessory dwelling unit with a wall that contains a door, if the door provides access only to unconditioned space (i.e., with no heating or cooling) that is provided with no plumbing.
   2. The accessory dwelling unit shall be subject to the dimensional standards in Table 315-3, Dimensional and Building Design Standards in the VR-5/7, VR-4/5, and VTH Districts, that apply to accessory structures in the VTH District.
2. If the accessory dwelling unit is integral to a primary dwelling, it shall be subject to the standards in Table 315-3 that apply to primary dwellings in the VTH District and to Subsection 1005.11(A).

839.04 Standards Outside An Urban Growth Boundary And Unincorporated Community

Accessory dwelling units outside both an urban growth boundary and an unincorporated community shall comply with the following standards:

1. Only one accessory dwelling unit shall be allowed per lot of record.
2. The lot of record on which the accessory dwelling unit will be sited shall:
   1. Be a minimum of two acres;
   2. Contain one, and only one, detached single-family dwelling, prefabricated structure, or manufactured dwelling;
   3. Not contain any other dwelling, including, but not limited to, dwellings approved pursuant to Section 846, Recreational Vehicles as Second Dwellings, or Section 1204, Temporary Permits;
   4. Not contain a guest house;
   5. Be served by a fire protection service provider with professionals who have received training or certification described in Oregon Revised Statutes (ORS) 181A.410.
3. The primary dwelling on the lot of record shall not be subject to an order declaring it a nuisance or subject to any pending action under ORS 105.550 to 105.600.
4. The accessory dwelling unit shall comply with the following standards:
   1. Maximum Floor Area: The floor area of the accessory dwelling unit shall not exceed 900 square feet. When calculating floor area, all contiguous space in a building shall be included except:
      1. A primary dwelling unit;
      2. Space that is separated from the accessory dwelling unit with a wall that does not contain a door; and
      3. Space that is separated from the accessory dwelling unit with a wall that contains a door, if the door provides access only to unconditioned space (i.e., with no heating or cooling) that is provided with no plumbing.
   2. Maximum Separation Distance: The accessory dwelling unit shall be located within 100 feet of the primary dwelling. This distance shall be measured from the closest portion of each structure.
   3. Minimum Setbacks: The accessory dwelling unit shall comply with the minimum setback standards for primary dwellings in the applicable zoning district.
   4. Access: Adequate access shall be provided for firefighting equipment, safe evacuation, and staged evacuation areas. Access shall be considered "adequate" if, prior to approval of an onsite wastewater treatment, building, or manufactured dwelling placement permit for the accessory dwelling unit, documentation is submitted from the fire protection service provider acknowledging compliance with the provider's access standards.
   5. Wildfire Hazard Mitigation:
      1. The construction provisions of Section R327 of the Oregon Residential Specialty Code shall apply to:
         1. All accessory dwelling units, if the Statewide Wildfire Hazard Map described in ORS 477.490 has not been approved.
         2. Accessory dwelling units only in areas designated as high wildfire hazard, identified pursuant to ORS 477.490, if the Statewide Wildfire Hazard Map described in ORS 477.490 has been approved.
      2. Minimum defensible space rules established by the State Fire Marshal, as described in ORS 476.392, shall apply to accessory dwelling units located in areas designated as wildland-urban interface, identified pursuant to ORS 477.490, if the Statewide Wildfire Hazard Map described in ORS 477.490 has been approved.
5. Use of the accessory dwelling unit as a short-term rental is prohibited.
6. The placement or construction of any additional dwellings, or of a guest house, is prohibited on any lot of record developed with an accessory dwelling unit approved pursuant to Subsection 839.04.

[Added by Ord. ZDO-249, 10/13/2014; Amended by Ord. ZDO-250, 10/13/2014; Amended by Ord. ZDO-269, 9/6/2018; Amended by Ord. ZDO-276, 10/1/2020; Amended by Ord. ZDO-282, 7/1/2022; Amended by Ord. ZDO-283, 9/5/2023; Amended by Ord. ZDO-285, 9/3/2024

837.01 Exemptions

1. Section 837 does not apply to mobile vending units that are part of a farmers' market approved pursuant to Section 840, Farmers' Markets.
2. Except as set forth in Section 837, mobile vending units are exempt from Sections 1000, Development Standards, and 1102, Design Review.

837.02 Submittal Requirements

In addition to the submittal requirements identified in Subsection 1307.07(C):

1. An application for a level two mobile vending unit shall include a site plan, drawn to scale, that includes:
2. The lot lines;
3. The location of existing structures and mobile vending units on the subject property;
4. The proposed location of the mobile vending unit and any portable accessory items, such as picnic tables and trash cans;
5. The dimensions of the proposed mobile vending unit;
6. The proposed distance between the mobile vending unit and the lot lines of the subject property, as well as the proposed separation distance between the unit and other onsite structures or mobile vending units;
7. The type and location of any proposed onsite utility connections for the mobile vending unit;
8. The location of existing loading areas, driveways, onsite circulation drives, parking lot aisles, bicycle and motor vehicle parking spaces, and walkways;
9. The location of windows and doors on the mobile vending unit that are proposed to be used for service to customers;
10. The location of existing landscaping; and
11. The dimensions, height, location, and lighting of proposed signs.
12. An application for a level three mobile vending unit shall include the applicable items identified in Subsection 1102.02
     

837.03 Level One Mobile Vending Units

Except as established by Subsection 837.03, level one mobile vending units are exempt from regulation under this Ordinance.  No permit to operate a level one mobile vending unit is required under this Ordinance.  A level one mobile vending unit is one that complies with the following standards:

1. The mobile vending unit shall operate on a designated route and not stop at a fixed location for more than two hours during the workday.  Storage of such a unit during hours outside the workday is not regulated by Section 837, but remains subject to any other applicable provisions of this Ordinance, which may include compliance with Sections 1000 and 1102.
2. The mobile vending unit shall be entirely self-contained with no connections to onsite utilities; no outdoor seating; and no storage outside the unit.  Attachments to the mobile vending unit, such as awnings or canopies, are permitted only if they are supported entirely by the unit and do not touch the ground.

837.04 Level Two Mobile Vending Units

A level two mobile vending unit requires review as a Type I application pursuant to Section 1307, Procedures, and shall be subject to the following standards:

1. Qualifying Site:  The mobile vending unit shall be located on a developed site.  A developed site is one that has previously received design review approval and where that approval has been implemented.  Alternatively, if not located on a developed site, the mobile vending unit shall remain on the subject property for no more than 120 days in a calendar year.  For the purpose of this standard:
   1. If a mobile vending unit is replaced by another, the number of days shall be calculated by adding the days spent onsite by each unit.
   2. If a mobile vending unit spends any portion of a day on the subject property, it shall count as one day.
2. Maximum Number:  Except as allowed under Subsection 837.03, no more than two mobile vending units may be located on a single lot of record, or on two or more lots of record that are part of a single development.
3. Accessory Items and Structures:  Portable accessory items, such as picnic tables and trash cans, are permitted. Attachments to the mobile vending unit, such as awnings or canopies, are permitted only if they are supported entirely by the unit and do not touch the ground.  Neither the mobile vending unit nor any item relating to the unit shall lean against or hang from any structure or utility pole.  No structure shall be attached to the mobile vending unit.  New structures, such as restroom buildings, trash enclosures, and gazebos, are prohibited, except that a fence may be constructed pursuant to Subsection 837.04(Q).
4. Accessory Storage:  Except as specifically allowed by Section 837, items relating to the mobile vending unit shall be stored in, on, or under the unit.
5. Interior Seating or Vending:  Customer seating or vending inside the mobile vending unit is prohibited.
6. Maximum Size:  The mobile vending unit shall not exceed 200 square feet, measured by the outside dimensions of the unit.  Attachments to the mobile vending unit, such as awnings or canopies, shall be excluded when calculating the square footage.
7. Minimum Setbacks and Separation Distance:  The mobile vending unit shall be located a minimum of:
   1. Five feet from any structure or mobile vending unit;
   2. Ten feet from any front lot line, except in the RTC District in Government Camp, where the minimum front setback from a lot line abutting Government Camp Loop shall be four feet, and a corner lot with frontage on Government Camp Loop shall comply with a minimum front setback of 10 feet from the lot line abutting the other road; and
   3. Five feet from any side or rear lot line, except if such lot line abuts a residential zoning district, in which case the minimum shall be 15 feet.
8. Utilities:  To the extent that utilities are desired by the applicant or required by applicable regulations, the mobile vending unit shall have self-contained utilities, or if onsite utility connections are proposed, such utilities shall be installed underground, except where prohibited by the utility district or company.  Notwithstanding this requirement:
   1. If allowed by the utility district or company and any applicable Oregon Specialty Code, aboveground utility connections are permitted, when a mobile vending unit will remain on the subject property for no more than 120 days in a calendar year.  For the purpose of this exception:
      1. If a mobile vending unit is replaced by another, the number of days shall be calculated by adding the days spent onsite by each unit.
      2. If a mobile vending unit spends any portion of a day on the subject property, it shall count as one day.
   2. If allowed by the utility district or company and the Oregon Electrical Specialty Code, aboveground power cords are permitted to connect the mobile vending unit to an approved electricity source.
   3. If allowed by the utility district or company and the Oregon Plumbing Specialty Code, aboveground hoses are permitted to connect the mobile vending unit to an approved water source.
9. Portable Sanitation Facilities:  Portable toilets are prohibited.  Portable hand-washing facilities are permitted but may not drain to the surface.
10. On-Site Wastewater Treatment Systems:  Inside the Portland Metropolitan Urban Growth Boundary (UGB), Government Camp, Rhododendron, Wemme/Welches, Wildwood/Timberline, and Zigzag Village, on-site wastewater treatment systems are prohibited unless allowed by Subsection 1006.05(B).
11. K.  Obstruction of Vehicular and Pedestrian Use Areas:  Neither the mobile vending unit nor any elements associated with the mobile vending unit, such as aboveground power cords, seating areas, trash receptacles, signs, and customer queuing areas, shall occupy bicycle parking spaces, loading areas, driveways, onsite circulation drives, parking lot aisles, or walkways.  However, occupying existing onsite automobile parking spaces is permitted, provided that such spaces are not simultaneously used for parking.
12. Setback from Vehicular and Pedestrian Use Areas:  Windows and doors used for service to customers shall be located a minimum of 10 feet from loading areas, driveways, onsite circulation drives, and parking lot aisles, and a minimum of five feet from bicycle parking spaces and walkways.
13. Driveway Access:  No new or modified driveway access is permitted.
14. Intersection Sight Distance and Roadside Clear Zones:  The mobile vending unit and any attachments or accessory items shall comply with the intersection sight distance and roadside clear zone standards of the Clackamas County Roadway Standards.
15. Surfacing:  Inside the UGB, the mobile vending unit shall be placed on an existing hard-surfaced area, and any associated parking, loading, and maneuvering areas for vehicles shall be on existing hard-surfaced areas, unless a permeable parking, loading, or maneuvering area surface was authorized as part of a previously implemented design review approval for the site.  Outside the UGB, the mobile vending unit shall be placed on an area surfaced with screened gravel or better, and any associated parking, loading, and maneuvering areas for vehicles shall be surfaced with screened gravel or better. 
16. Drive-Thru Window Service:  Drive-thru window service is prohibited.
17. Screening:  If the mobile vending unit is located less than 20 feet from a residential zoning district, the unit shall be screened from the lot line abutting that zoning district.  Required screening:
    1. May be provided by an existing structure, a fence, or a hedge;
    2. Shall be sight-obscuring; and
    3. Shall have a minimum height of six feet.
18. Obstruction of Existing Landscaping:  The mobile vending unit shall not occupy landscaping areas approved as part of a prior design review or other land use application.  Other elements associated with the mobile vending unit, such as seating areas, also shall not occupy such landscaping areas, unless such elements are permitted as pedestrian amenities under Subsection 1009.02(A)(9).
19. Signs:  Signs are permitted pursuant to Section 1010, Signs.
20. Trash Receptacle:  A trash receptacle for customer use shall be maintained no more than 10 feet from the mobile vending unit.
21. Skirting:  Skirting shall be placed around the perimeter of the mobile vending unit.

837.05 Level Three Mobile Vending Units

A level three mobile vending unit requires review as a Type II application pursuant to Section 1307, Procedures, and shall be subject to the following standards:

1. Maximum Number:  Except as allowed under Subsection 837.03, no more than four mobile vending units may be located on a single lot of record, or on two or more lots of record that are part of a single development.
2. Accessory Items and Structures:  Portable accessory items, such as picnic tables and trash cans, are permitted.  Attachments to the mobile vending unit, such as awnings or canopies, are permitted only if they are supported entirely by the unit and do not touch the ground.  Neither the mobile vending unit nor any item relating to the unit shall lean against or hang from any structure or utility pole.  No structure shall be attached to the mobile vending unit.  New accessory structures may be constructed, as follows: 
   1. A maximum of two restroom structures, provided that the combined square footage does not exceed 200;
   2. A maximum of two storage buildings, provided that the combined square footage does not exceed 200;
   3. One trash enclosure; and
   4. Outdoor seating areas, which may have roofs, floors, and railings, but no walls (e.g. decks, picnic shelters), provided that the combined square footage does not exceed 200 square feet per mobile vending unit and that no single structure exceeds 200 square feet. 
3. Accessory Storage:  Except as specifically allowed by Section 837, items relating to the mobile vending unit shall be stored in, on, or under the unit.
4. Interior Seating or Vending:  Customer seating or vending inside the mobile vending unit is prohibited.
5. Maximum Size:  The mobile vending unit shall not exceed 200 square feet, measured by the outside dimensions of the unit.  Attachments to the mobile vending unit that are supported entirely by the unit and do not touch the ground shall be excluded when calculating the square footage.
6. Minimum Setbacks and Separation Distance:  The mobile vending unit shall be located a minimum of:
   1. Five feet from any structure or another mobile vending unit;
   2. Ten feet from any front lot line, except in the RTC District in Government Camp, where the minimum front setback from a lot line abutting Government Camp Loop shall be four feet, and a corner lot with frontage on Government Camp Loop shall comply with a minimum front setback of 10 feet from the lot line abutting the other road; and
   3. Five feet from any side or rear lot line, except if such lot line abuts a residential zoning district, in which case the minimum shall be 15 feet.
7. Structure Setbacks:  Structures allowed under Subsection 837.05(B) shall comply with the setback standards of the zoning district in which the subject property is located.
8. Hillsides, Trees and Wooded Areas, and Mass Movement Hazard Areas:  The development shall be subject to Subsections 1002.01, 1002.03, and 1003.02, as applicable.
9. Utilities:  To the extent that utilities are desired by the applicant or required by applicable regulations, the mobile vending unit shall have self-contained utilities, or if onsite utility connections are proposed, such utilities shall be installed underground, except where prohibited by the utility district or company.  Notwithstanding this requirement:
   1. If allowed by the utility district or company and any applicable Oregon Specialty Code, aboveground utility connections are permitted, when a mobile vending unit will remain on the subject property for no more than 120 days in a calendar year.  For the purpose of this exception:
      1. If a mobile vending unit is replaced by another, the number of days shall be calculated by adding the days spent onsite by each unit.
      2. If a mobile vending unit spends any portion of a day on the subject property, it shall count as one day.
   2. If allowed by the utility district or company and the Oregon Electrical Specialty Code, aboveground power cords are permitted to connect the mobile vending unit to an approved electricity source.
   3. If allowed by the utility district or company and the Oregon Plumbing Specialty Code, aboveground hoses are permitted to connect the mobile vending unit to an approved water source.
10. Portable Sanitation Facilities:  Portable toilets are prohibited unless they are connected to a sanitary sewer system or an on-site wastewater treatment system.  Portable hand-washing facilities are permitted but may not drain to the surface.
11. On-Site Wastewater Treatment Systems:  Inside the Portland Metropolitan Urban Growth Boundary (UGB), Government Camp, Rhododendron, Wemme/Welches, Wildwood/Timberline, and Zigzag Village, on-site wastewater treatment systems are prohibited unless allowed by Subsection 1006.05(B).
12. Lighting:  Outdoor lighting shall be subject to Subsection 1005.04.
13. Obstruction of Vehicular and Pedestrian Use Areas:  Neither the mobile vending unit nor any elements associated with the mobile vending unit, such as aboveground power cords, seating areas, trash receptacles, signs, and customer queuing areas, shall occupy bicycle parking spaces, loading areas, driveways, onsite circulation drives, parking lot aisles, or walkways.
14. Setback from Vehicular and Pedestrian Use Areas:  Windows and doors used for service to customers shall be located a minimum of 10 feet from loading areas, driveways, onsite circulation drives, and parking lot aisles, and a minimum of five feet from bicycle parking spaces and walkways.
15. Driveway Access:  Approval of driveway access shall be subject to the Clackamas County Roadway Standards.
16. Intersection Sight Distance and Roadside Clear Zones:  The mobile vending unit and any attachments or accessory items or structures shall comply with the intersection sight distance and roadside clear zone standards of the Clackamas County Roadway Standards.
17. Surfacing:  Inside the UGB, the mobile vending unit shall be placed on a hard-surfaced area, and any associated parking, loading, and maneuvering areas for vehicles shall be hard-surfaced unless a permeable surface is required for surface water management pursuant to the regulations of the surface water management authority.  Outside the UGB, the mobile vending unit shall be placed on an area surfaced with screened gravel or better, and any associated parking, loading, and maneuvering areas for vehicles shall be surfaced with screened gravel or better and shall provide for suitable drainage. 
18. Drive-Thru Window Service:  A mobile vending unit may include drive-thru window service only if drive-thru window service is a permitted accessory use in the zoning district in which the subject property is located.  Drive-thru window service shall be subject to Section 827, Drive-Thru Window Services.
19. Screening and Buffering:  The proposed development shall be subject to the screening and buffering provisions of Subsection 1009.04.
20. Obstruction of Existing Landscaping:  The mobile vending unit shall not occupy landscaping areas approved as part of a prior design review or other land use application.  Other elements associated with the mobile vending unit, such as seating areas, also shall not occupy such landscaping areas, unless such elements are permitted as pedestrian amenities under Subsection 1009.02(A)(9).
21. Landscaping Requirements:  If the subject property does not have a previously approved landscape plan, compliance with Subsections 1009.01(A) through (E), 1009.03(B), and 1009.10 shall be required.
22. Signs:  Signs are permitted pursuant to Section 1010, Signs.
23. Off-Street Motor Vehicle Parking Spaces on a Developed Site:  On a developed site, the mobile vending unit, attachments to the mobile vending unit, customer queuing areas, and portable accessory items may occupy existing off-street motor vehicle parking spaces, provided that such spaces are not simultaneously used for parking.  A developed site is one that has previously received design review approval and where that approval has been implemented.  In addition, no new off-street parking spaces are required.  However, new structures may be located in existing off-street motor vehicle parking spaces only if such spaces are in excess of the minimum number required for existing development.
24. Off-Street Motor Vehicle Parking Spaces on an Undeveloped Site:  On an undeveloped site, a minimum of two off-street motor vehicle parking spaces per mobile vending unit is required.  An undeveloped site is one that does not have an implemented design review approval.
25. Motor Vehicle Parking Area Standards:  The development of new motor vehicle parking areas shall comply with Section 1015, Parking and Loading. 
26. Solid Waste and Recycling Standards:  A trash receptacle for customer use shall be maintained no more than 10 feet from the mobile vending unit.  In addition, compliance with Section 1021, Solid Waste and Recyclable Material Collection, shall be required.
27. Skirting:  Skirting shall be placed around the perimeter of the mobile vending unit.

837.06 Level Four Mobile Vending Units

1. If a proposed mobile vending unit exceeds the standards of both a level two and a level three mobile vending unit, it may be approved as a level four mobile vending unit, subject to Sections 1000, Development Standards, and 1102, Design Review.  In addition, compliance with Subsection 837.05 shall be required, except where a more restrictive standard is applicable pursuant to other provisions of this Ordinance.

837.07 Approval Period And Time Extension

1. A level two or three mobile vending unit 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.  "Implemented" means all necessary County development permits shall be obtained and maintained for the approved development.
2. If a level three mobile vending unit approval is not implemented within the initial approval period established by Subsection 837.07(A), a two-year time extension may be approved pursuant to Section 1310, Time Extension.
3. A level four mobile vending unit approval is subject to the approval period and time extension provisions of Subsection 1102.05.

[Added by Ord. ZDO-231, 1/31/12; Amended by Ord. ZDO-245, 7/1/13; Amended by Ord. ZDO-248, 10/13/14; Amended by Ord. ZDO-268, 10/2/18; Amended by Ord. ZDO-283, 9/5/23]

836.01 Definitions

The following definitions apply to Section 836:

1. Canine Skills Training: Canine obedience, agility, tracking, lure coursing, herding, and similar canine training programs and activities.
2. Employee: Any on-site person, whether they work full-time or part-time in the home occupation, including the operator, partners, assistants, and any other persons participating in the operation of the business.
3. Operator: The person who conducts the home occupation, has majority ownership interest in the home occupation, and is responsible for strategic decisions and day-to-day operations of the home occupation.

836.02 Standards

Home occupations for canine skills training shall comply with the following standards:

1. Operator: The operator of the home occupation shall reside full-time in a lawfully established dwelling unit on the tract on which the home occupation is located.
2. Employees: The home occupation shall have no more than five employees.
3. Type of Buildings: Notwithstanding the definition of home occupation in Section 202, Definitions, the home occupation shall be operated substantially in the operator's dwelling or other buildings normally associated with uses permitted in the TBR District.
4. Appearance: On non-training session days, the use shall not take an outward appearance nor manifest any characteristics of a business or operation of a service commercial nature, except for those characteristics normally associated with or allowed for a use identified as "allowed" in Table 406-1, Permitted Uses in the TBR District.
5. Impacts on Dwellings: The evaluation of compliance with Subsection 1203.03(D) shall include consideration of impacts on dwellings even though dwellings are not primary uses in the TBR District.
6. Noise: Noise shall be regulated as follows:
   1. From 8:00 a.m. until 10:00 p.m., the average peak sound pressure level, when measured off the subject property, of noise create by the home occupation shall not exceed the greater of 60 dB(A) or the ambient noise level. During all 
      other hours, the home occupation shall not create noise that is detectable to normal sensory perception off the subject property.
      1. Noise generated by vehicles entering or exiting the subject property, but not by idling vehicles, shall be exempt from Subsection 836.02(E)(1).
      2. Subsection 836.02(E)(1) shall not apply to noise detectable on public rights-of-way and railroad rights-of-way.
   2. A noise study may be required to demonstrate compliance with Subsection 836.02(E)(1). If a noise study is required, measurements shall be made with a sound level meter. The sound level meter shall be an instrument in good operating condition, meeting the requirements of a Type I or Type II meter, as specified in ANSI Standard 1.4-1971. The sound level meter shall contain at least an A-weighted scale, and both fast and slow meter response capability. Personnel making measurements shall have completed training in the use of the sound level meter, and measurement procedures consistent with that training shall be followed.
7. Parking: The home occupation shall comply with Section 1015, Parking and Loading. In addition, on-street parking shall be prohibited.
8. Signs: Signs shall be permitted pursuant to Section 1010, Signs.

[Added by Ord. ZDO-230, 9/26/11; Amended by Ord. ZDO-241, 1/1/13; Amended by Ord. ZDO-268, 10/2/18]

835.01 Definitions

The following definitions apply to Section 835:

1. Antenna:  A transmitting or receiving device used in telecommunications that radiates or captures electromagnetic waves, including, but not limited to, directional antennas, such as panel and microwave dish antennas, and omni-directional antennas, such as whip antennas.
    
2. Collocation:  The use of a single support structure by more than one wireless telecommunications provider.
3. Essential Public Communication Services:  Police, fire, and other emergency communications networks.
4. Equipment Shelter:  A structure that houses power lines, cable, connectors, and other equipment ancillary to the transmission and reception of telecommunications.
5. Existing Wireless Telecommunication Facility:  A wireless telecommunication facility that received land use approval prior to March 14, 2002.
6. Small Wireless Facility: A wireless telecommunication facility that enables provision of wireless services and meets the conditions in Subsections 835.02(A)(1) through (4).
7. Support Structure:  A wireless telecommunication tower, building, or other structure that supports an antenna used for wireless telecommunications.
8. Wireless Telecommunication Facility:  An unmanned facility for the transmission of radio frequency (RF) signals, consisting of an equipment shelter, cabinet, or other enclosed structure containing electronic equipment, a support structure, antennas or other transmission and reception devices.  Freestanding point-to-point microwave dishes, high-power television and FM transmission facilities, AM facilities, amateur (Ham) radio antennas and towers, and citizen band transmitters and antennas are not wireless telecommunication facilities.
9. Wireless Telecommunication Tower:  A freestanding support structure, including monopole and lattice tower, designed and constructed primarily to support antennas and transmitting and receiving equipment.  Wireless telecommunication towers include:
   1. Lattice tower:  A tower characterized by an open framework of lateral cross members that stabilize the tower; and
   2. Monopole:  A single upright pole, engineered to be self-supporting, that does not require guy wires or lateral cross supports.
10. Wireless Telecommunication Tower Height:  The distance from the finished grade at the antenna tower base to the highest point of the tower, including the base pad, mounting structures, and panel antennas, but not including lightning rods and whip antennas.

835.02 Small Wireless Facilities

1. Small wireless facilities, consistent with 47 CFR 1.6002(l)(1), are facilities that meet each of the following conditions:
   1. The facilities:
      1. Are mounted on structures 50 feet or less in height including their antennas as defined in 47 CFR 1.1320(d); or
      2. Are mounted on a structure no more than 10 percent taller than other adjacent structures; or
      3. Do not extend existing structures on which they are located to a height of more than 50 feet or by more than 10 percent, whichever is greater;
   2. Each antenna associated with the deployment, excluding associated antenna equipment, is no more than three cubic feet in volume;
   3. All other wireless equipment associated with the structure, including the wireless equipment associated with the antenna and any pre-existing associated equipment on the structure, is no more than 28 cubic feet in volume; and
   4. The facilities comply with Federal Communications Commission (FCC) requirements for registration, as well as FCC radio frequency emissions standards specified in 47 CFR 1.1307(b) and other applicable standards in 36 CFR 800.16(x) related to location on Tribal Lands.
2. Notwithstanding any otherwise applicable definition in Section 202, Definitions, or Subsection 835.01, terms used in Subsection 835.02 have the meanings provided in 47 CFR 1.6002, which includes the following definitions:
   1. Antenna:  Consistent with 47 CFR 1.1320(d), an apparatus designed for the purpose of emitting radiofrequency (RF) radiation, to be operated or operating from a fixed location pursuant to FCC authorization, for the provision of personal wireless service and any commingled information services. For purposes of this definition, the term antenna does not include an unintentional radiator, mobile station, or device authorized under Part 15, Radio Frequency Devices of CFR Title 47, Telecommunication.
   2. Antenna equipment:  Consistent with 47 CFR 1.1320(d), equipment, switches, wiring, cabling, power sources, shelters, or cabinets associated with an antenna, located at the same fixed location as the antenna, and, when collocated on a structure, is mounted or installed at the same time as such antenna.
   3. Deployment:  Placement, construction, or modification of a personal wireless service facility.
   4. Structure:  A pole, tower, base station, or other building, whether or not it has an existing antenna facility, that is used or to be used for the provision of personal wireless service (whether on its own or comingled with other types of services).

835.03 Exemptions

1. Wireless telecommunication facilities are exempt from section 1102, Design Review, except that Section 1102 applies to essential public communication services in zoning districts listed in Subsections 1102.01(A) through (C), if such essential public communication services are not small wireless facilities. 
    
2. Small wireless facilities in public rights-of-way or in easements under Clackamas County jurisdiction are exempt from Section 835.

835.04    Submittal Requirements

An application for a Type I permit for a wireless telecommunication facility shall include the submittal requirements identified in Subsection 1307.07(C).  In addition to the submittal requirements identified in Subsections 1203.02 (for conditional uses only) and 1307.07(C), an application for a Type II or conditional use permit for a wireless telecommunication facility, or for an adjustment pursuant to Subsection 835.07, shall include:

1. A site plan, drawn to scale, that includes:
   1. Existing and proposed improvements;
   2. Adjacent roads;
   3. Parking, circulation, and access;
   4. Areas of vegetation to be added, retained, replaced, or removed;
   5. Setbacks of all existing and proposed structures; and
   6. If an adjustment is proposed pursuant to Subsection 835.06, the distance from the proposed location of the wireless telecommunication tower to off-site structures that are closer to the proposed location than a distance equal to the height of the proposed tower.
2. A vicinity map showing lots, land uses, zoning, and roadways within 500 feet of the proposed antenna site;
3. Elevations showing antennas, wireless telecommunication towers, equipment shelters, area enclosure, and other improvements related to the proposed facility;
4. For all new antennas, color simulations of the site after construction;
5. A map of existing wireless telecommunication facilities within one mile of the subject property; and
6. An alternatives analysis demonstrating compliance with Subsection 835.06(D)(1)(a).

835.05 Uses Permitted

1. The types of wireless telecommunication facilities permitted in each zoning district are listed in Table 835-1, Permitted Wireless Telecommunication Facilities.  Except for essential public communication services and small wireless facilities, wireless telecommunication facilities are classified as level one or two. 
2. As used in Table 835-1:
   1. "P" means the classification of wireless telecommunication facility is a primary use.
   2. "C" means the classification of wireless telecommunication facility is a conditional use, approval of which is subject to Section 1203, Conditional Uses.
   3. "X" means the classification of wireless telecommunication facility is prohibited.
   4. Numbers in superscript correspond to the note that follows Table 835-1.
3. Wireless telecommunication facilities, except small wireless facilities, are subject to the applicable provisions of Subsections 835.06(A through D) and 835.08, and an adjustment may be approved pursuant to Subsection 835.07. Small wireless facilities are subject only to Subsection 835.06(E) and are not eligible for an adjustment pursuant to Subsection 835.07.
    

835.06       Standards

1. Level One Collocation:  A level one collocation of antennas on a previously approved wireless telecommunication facility shall be subject to the following standards:
   1. Collocation proposals involving an existing wireless telecommunication facility must have an approved and implemented landscaping plan that complies with Subsection 835.06(D)(5).
   2. There shall be no increase in the height of the existing wireless telecommunication support structure.
   3. The proposed collocated antennas shall be no more than 20 feet higher than the existing support structure.
   4. All collocation improvements shall be located within a previously approved fenced lease area.
   5. The collocation shall not involve the removal of any previously approved landscaping or buffering. 
2. Level One Placement on a Utility Pole:  Level one placements of wireless telecommunication facilities on utility poles (electric, cable, telephone, etc.) shall be subject to the following standards:
    
   1. The wireless telecommunication facility shall be placed on an existing utility pole or, if it is necessary to replace the existing pole with a pole that is suitable for wireless telecommunication, the new pole shall be no taller than the pole that is being replaced.
       
   2. The existing utility pole shall be within a public right-of-way, and, if the pole is to be replaced pursuant to Subsection 835.06(B)(1), the replacement pole shall remain within the public-right-of-way.
       
   3. Any equipment shelters for the wireless telecommunication facility shall be located on the utility pole and within the public right-of-way.
       
3. Level Two Placement on a Utility Pole:  Level two placements of wireless telecommunication facilities on replacement utility poles (electric, cable, telephone, etc.) shall be subject to the following standards:
   1. The height of the replacement utility pole shall not exceed the height of the pole being replaced by more than 20 feet.
   2. The existing utility pole shall be within a public right-of-way, and the replacement pole shall remain within the public-right-of-way.
4. Wireless Telecommunication Facilities:  A level two wireless telecommunication facility (including a level two collocation or placement on a utility pole) shall be subject to the following standards:
   1. New Towers:  If a new wireless telecommunication tower is proposed:
      1. No new tower will be permitted unless no existing support structure can accommodate the proposed antenna.  All proposals for new wireless telecommunication facilities must be accompanied by a statement from a qualified person that the necessary telecommunication service cannot be provided by collocation for one or more of the following reasons:
         1. No existing support structures, or approved but not yet constructed support structures, are located within the geographic area required to meet the applicant's engineering requirements;
         2. Existing support structures are not of sufficient height to meet the applicant's engineering requirements;
         3. Existing support structures do not have sufficient structural strength to support the applicant's proposed antenna and related equipment;
         4. The applicant's proposed antenna would cause electromagnetic interference with the antenna on the existing support structure, or the existing antenna would cause interference with the applicant's proposed antenna; or
         5. The applicant demonstrates that there are other limiting factors that render existing support structures unsuitable.
      2. If the tower is inside the Portland Metropolitan Urban Growth Boundary, it shall be a monopole.
      3. The tower shall be designed and built to accommodate collocation or additional loading.  This means that the tower shall be designed specifically to accommodate no less than the following equipment, in addition to the applicant's proposed equipment:
         1. Twelve antennas with a float plate wind-loading of not less than four square feet per antenna;
         2. A standard mounting structure, standoff arms, platform, or other similar structure designed to hold the antennas;
         3. Cable ports at the base and antenna levels of the tower; and
         4. Sufficient room within or on the tower for 12 runs of 7/8-inch coaxial cable from the base of the tower to the antennas.
      4. The tower shall be painted or coated in a manner that blends with the surrounding area.  The finished coloring shall result in a non-reflective surface that makes the tower as visually unobtrusive as possible unless state or federal regulations require different colors. 
      5. If the proposed wireless telecommunication facility requires approval of a conditional use permit, placement of the tower in an alternate location on the tract may be required, if the alternate location would result in greater compliance with the criteria in Section 1203, Conditional Uses, than the proposed location.  In order to avoid relocating the proposed tower, the applicant shall demonstrate that the necessary wireless telecommunication service cannot reasonably be provided from the alternate location.
   2. Equipment shelters shall be entirely enclosed.  They may be painted or coated with a finish that best suits the operational needs of the facility, including the ability to reflect heat and to resist accumulations of dirt.  If there is a conflict between acceptable colors and the operational needs of the facility, the use of architectural screen panels may be required.
   3. No lighting shall be permitted on a wireless telecommunication tower, except as required by state or federal regulations.  If lighting is required, the light shall be shielded or deflected from the ground, public rights-of-way, and other lots, to the extent practicable.
   4. Unless the wireless telecommunication facility is located entirely on a utility pole, it shall be located within an area that is enclosed on all sides.  The enclosure shall be a minimum of six feet tall and sight-obscuring.
   5. Landscaping shall be placed outside of the enclosed area required pursuant to Subsection 835.06(D)(4) and shall include ground cover, shrubs, and trees that are reflective of the natural surrounding vegetation in the area.  However, if a portion of the wireless telecommunication facility is screened from points off-site by a building with a height of at least eight feet, landscaping is not required for the screened area.  In addition, Subsection 1009.10 applies.
   6. Noise generated by the wireless telecommunication facility shall not exceed the maximum levels established by the Oregon Department of Environmental Quality (DEQ).  If lots adjacent to the subject property have a lower DEQ noise standard than the subject property, the lower standard shall be applicable.
   7. Dimensional Standards:  Dimensional standards applicable to wireless telecommunication towers are listed in Table 835-2, Dimensional Standards for Wireless Telecommunication Towers.
5. Small Wireless Facilities:  Small wireless facilities, including all related equipment and appurtenances, shall:
   1. Not be affixed to trees, shrubs, or other vegetation;
   2. If attached to or mounted on a building, be the same or substantially similar color or colors as the portions of the building they are attached to or mounted on;
   3. Use only non-reflective materials on their exterior; and
   4. Have all of their lights shrouded from view from adjacent residential properties.

Table 835-2:  Dimensional Standards for Wireless Telecommunication Towers

835.07       Adjustments

Adjustments to the standards of Section 835 may be granted under either of the following circumstances:

1. A gap in the applicant's service exists and that gap can only be alleviated through the adjustment of one or more of the standards of this section.  If an adjustment is to be approved, the applicant must demonstrate the following:
   1. A gap in coverage or capacity exists in the wireless telecommunication provider's service network that results in network users being regularly unable to connect, or maintain connection, with the provider's network;
   2. The proposed wireless telecommunication facility will fill the existing service gap.  Filled means the proposed facility would substantially reduce the frequency with which users of the network are unable to connect, or maintain connection, with the provider's network; and
   3. The gap cannot be filled through collocation on existing facilities, or establishment of facilities that are consistent with the standards of this section on properties other than the proposed site or on the proposed site in a manner which does not require an adjustment.
2. The proposed adjustment would utilize existing site characteristics to minimize demonstrated or potential impacts on the use of surrounding lots.  Site characteristics include, but need not be limited to, those identified in Subsection 1203.03(B).  The adjustment must result in a lower level of impact on surrounding lots than would result if the standard were not adjusted.  In considering the requested adjustment, the following may be considered:
   1. Visual impacts;
   2. Impacts on view;
   3. Impacts on property values; and4.   Other impacts that can be mitigated by an adjustment so that greater compliance with Subsection 1203.03(D) occurs.

835.08       Abandonment

1. Wireless telecommunication facilities will be considered abandoned when there has not been a provider licensed or recognized by the Federal Communications Commission operating on the facility for a period of 365 consecutive days.  Determination of abandonment will be made by the Planning Director, who shall have the right to demand documentation from the facility owner regarding the tower or antenna use.
2. Upon determination of abandonment, the facility owner shall have 60 calendar days to reuse the facility or transfer the facility to another owner who will reuse it within 60 calendar days of the determination of abandonment.
3. If the facility is not reused within 60 calendar days of the determination of abandonment, county authorization for the use shall expire.  Once authorization for the use has expired, the facility operator shall remove the facility from the property within 90 calendar days.  If the facility operator does not remove the facility within 90 calendar days, the county may remove the facility at the expense of the facility operator, or, in the alternative, at the property owner's expense.

[Amended by Ord. ZDO-224, 5/31/11; Amended by Ord. ZDO-248, 10/13/14; Amended by Ord. ZDO-268, 10/2/18; Amended by Ord. ZDO-276, 10/1/20; Amended by Ord. ZDO-280, 10/23/21]

834.01 Submittal Requirements

In addition to the submittal requirements identified in Subsections 1203.02 and 1307.07(C), an application for a permit for a composting facility shall include:

1. An operational plan to address compliance with Subsection 834.02(C)(2);
2. Location and design of the physical features of the site and composting facility, surface drainage control, wastewater facilities, fences, residue disposal, controls to prevent adverse health and environmental impacts, and design and performance specifications for major composting equipment and detailed descriptions of methods to be used;
3. A proposed plan for utilization of the processed compost or other evidence of assured utilization of composted green feedstocks;
4. A proposed plan to dispose of processed compost that, due to concentration of contaminants, cannot be marketed or used for beneficial purposes, and finished compost which has been stored for two years since processing was completed; and
5. A dust control plan.

834.02 Standards

Composting facilities shall comply with the following standards:

1. Minimum Lot Size:  Five acres.
2. Minimum Separation Distance:  Except in the AG/F and TBR Districts, the operational area shall be a minimum of 50 feet from all lot lines and a minimum of 100 feet from perennial drainageways, wetlands, and wells.
3. Transportation:
   1. The subject property shall have access from a paved road, and such access shall be paved from the edge of the paved road to a minimum of 50 feet into the subject property from the lot line. 
   2. The facility shall have an operational plan that ensures those traveling to the facility, particularly trucks, travel primarily on truck freight routes identified on Comprehensive Plan Map 5-9a, Freight Routes Urban, and 5-9b, Freight Routes Rural.  Alternatively, if no truck freight routes are readily available, the routes selected and used shall not significantly impact the existing traffic patterns.
   3. All-weather roads shall be provided from the nearest state highway or all-weather County or public road to the composting facility and shall be designed and maintained to prevent traffic congestion, traffic hazards, dust, and noise pollution.
   4. The operator shall install and maintain signage so that routes to the facility are posted. 
   5. Effective barriers to unauthorized entry and dumping, such as fences, gates, and locks, shall be provided.
4. Fire Protection:  The subject property shall be located within a fire protection district capable of fire suppression as demonstrated by a letter from the applicable district.
5. Odor:  The tipping, grinding, and storage areas of unprocessed yard debris shall be managed to control odors.
6. Litter:  The facility owner or operator shall, on a daily basis, collect litter and illegally dumped waste on all roads leading to the facility for a distance of one-quarter mile from the facility entrance.
7. Storage and Screening:
   1. The storage of composting materials, end products, and equipment shall occur only in the designated operational area. All green feedstocks deposited at the composting facility shall be confined to the designated receiving area within the operational area
   2. The operational area shall be screened and buffered pursuant to Subsection 1009.04.
   3. The maximum height of stored materials shall be 25 feet or the height of the screening established pursuant to Subsection 1009.04, whichever is less.
   4. The green feedstocks shall be ground within one week of receipt.
   5. Green feedstocks shall be incorporated into active compost piles within a reasonable time.  Grass clippings shall be incorporated within 24 hours of receipt.
   6. Facilities and procedures shall be provided for handling, recycling, or disposing of green feedstocks that are non-biodegradable by composting.
8. Operating Permits and Licenses:  Prior to commencing any activities to establish or operate the composting facility, the applicant shall submit copies to the County of all operating permits or licenses required by the Oregon Department of Environmental Quality or the Metropolitan Service District.  Notwithstanding this requirement, if DEQ or Metro will not issue a permit or license until the facility has been established, the applicant shall submit a copy of such license or permit prior to commencing operation of the facility.
9. Sales:  Composting facilities may include retail and wholesale sales of the finished product, as well as accessory products limited to topsoil, barkdust, and aggregate commonly used in landscaping.  The area used for the sale of the accessory products shall not exceed 10 percent of the area used for composting, or two acres, whichever is less.

[Amended by Ord. ZDO-234, 6/7/12; Amended by Ord. ZDO-243, 9/9/13; Amended by Ord. ZDO-268, 10/2/18]

832.01 Standards

1. Structure Type and Appearance:
   1. A bed and breakfast may be established only in single-family dwellings, guest houses, and Historic Landmark structures, except that a bed and breakfast inn also may be established in a preexisting structure built as an inn.
   2. The architecture of new structures and additions shall be single-family residential in appearance.
2. Length of Stay/Guest Register: No guest shall stay more than 60 days in any one-year period. An accurate, up-to-date guest register shall be maintained and available for review by any authorized agent of the County.
3. Number of Guest Rooms: The maximum number of guest rooms allowed in a bed and breakfast residence shall be five. The maximum number allowed in a bed and breakfast inn shall be as follows:
   1. In HR, R-2.5, R-5, R-7, R-8.5, and R-10 Districts: Five rooms;
   2. In FF-10, FU-10, R-15, R-20, R-30, RA-1, RA-2, RR, and RRFF-5 Districts: Seven rooms; and
   3. In commercial and multifamily zoning districts and in Historic Landmark structures in any zoning district: No maximum.
4. Parking: The following standards apply to off-street parking areas:
   1. No more than one-half of the area of the lot in front of the building line shall be used for parking.
   2. Parking areas located to the side or rear of the bed and breakfast structure shall be screened pursuant to Subsection 1009.04.
   3. Inside the Portland Metropolitan Urban Growth Boundary, off-street parking areas shall be hard-surfaced or shall be surfaced with Grasscrete, pavers, or similar surfacing material. They shall not be surfaced with gravel. Outside the UGB, surfacing of off-street parking areas shall comply with Subsection 1015.01(B).
   4. Parking areas shall be defined using timbers, logs, railroad ties, or other acceptable methods.
   5. Maneuvering area shall be provided on-site to allow vehicles to exit the property front end first. A waiver of this requirement may be allowed when the bed and breakfast residence or inn takes access from a local street, private road, or access drive.
5. Access: If the subject property takes access via a private road or access drive that also serves other properties, evidence shall be provided, in the form of a petition, that all other property owners who have access rights to the private road or access drive agree to allow the specific bed and breakfast use described in the application. Such evidence shall include any conditions stipulated in the agreement.

[Amended by Ord. ZDO-268, 10/2/18]

833.01 Standards

Guest houses shall comply with the following standards:

1. Use: A guest house shall not be a source of rental income, except that a guest house may be used as a short-term rental. If not used as a short-term rental, a guest house shall be used only by members of the family residing in the primary dwelling, their nonpaying guests, or their nonpaying employees who work on the premises.
2. Number: Only one guest house shall be allowed per lot of record.
3. Maximum Floor Area: The maximum floor area shall be 600 square feet. When calculating floor area, all contiguous space in a building shall be included except:
   1. Space that is separated from the guest house with a wall that does not contain a door; and
   2. Space that is separated from the guest house with a wall that contains a door, if the door provides access only to unconditioned space (i.e., with no heating or cooling) that is provided with no plumbing.
4. Maximum Separation Distance: The guest house shall be located within 100 feet of the primary dwelling to which it is accessory. This distance shall be measured from the closest portion of each structure.
5. Facilities: The guest house may contain one bathroom plus one additional sink but shall not include laundry facilities, a stove, oven, or other cooking appliances.
6. Utilities: All public water, electric, natural gas, and sanitary sewer service for the guest house shall be extended from the primary dwelling services. No separate meters for the guest house shall be allowed.
7. On-Site Wastewater Treatment Systems: A guest house shall use the same on-site wastewater treatment system as the primary dwelling except when a separate system is required by the County due to site constraints, failure of the existing system, or where the size or condition of the existing system precludes its use.

[Amended by Ord. ZDO-268, 10/2/2018; Amended by Ord. ZDO-273, 1/17/2021; Amended by Land Use Board of Appeals Remand of Ord. ZDO-273, 1/24/2022; Amended by Ord. ZDO-273, on remand, 5/30/2023; Amended by Ord. ZDO-285, 9/3/2024]