Planning and Zoning

703.01 Findings Of Fact

A Floodplain Management District (FMD) is needed for the following reasons:

1. Flood Losses Resulting from Periodic Inundation: The special flood hazard areas of the County are subject to periodic inundation that results in loss of life and property, health and safety hazards, disruption of commerce and governmental services, extraordinary public expenditures for flood protection and relief, and impairment of the County's tax base, all of which adversely affect the public health, safety, and general welfare.
2. General Causes of These Flood Losses: Flood losses are caused by:
   1. The cumulative effect of obstructions in special flood hazard areas that increase flood heights and velocities and, when inadequately anchored, damage land uses in other areas; and
   2. The occupancy of special flood hazard areas by uses vulnerable to floods or hazardous to others that are inadequately floodproofed, inadequately elevated, or otherwise unprotected from flood damages.

703.02 Purpose

Section 703 is adopted to:

1. Promote the public health, safety, and general welfare;
2. Protect human life and health;
3. Minimize public and private flood losses due to flooding in flood hazard areas;
4. Minimize expenditure of public money for costly flood control projects;
5. Minimize prolonged business interruptions;
6. Help maintain a stable tax base by providing for the sound use and development of special flood hazard areas so as to minimize future flood blight areas;
7. Restrict or prohibit uses that are dangerous to health, safety, or property in times of flooding or that cause increases in erosion, flood heights, or velocities;
8. Minimize damage to public facilities and utilities—such as water and gas mains; electric, telephone, and sewer lines; streets; and bridges—located in special flood hazard areas;
9. Require that uses vulnerable to floods, including public facilities that serve such uses, be provided with flood protection at the time of initial construction;
10. Notify those who occupy special flood hazard areas that they assume responsibility for their actions;
11. Protect individuals, as much as possible, from buying lands that are not suitable for intended purposes because of flood hazard, by ensuring to the degree possible that potential buyers are notified that property is in a special flood hazard area; and
12. Minimize the need for rescue and relief efforts associated with flooding undertaken at the expense of the general public.

703.03 Warning And Disclaimer Of Liability

The degree of flood protection required by the FMD is considered reasonable for regulatory purposes and is based on engineering and scientific study. Larger floods may occur on rare occasions. Flood heights may be increased by manmade or natural causes, such as ice jams and bridge openings restricted by debris. Section 703 does not imply that areas outside the FMD or land uses permitted within the FMD will be free from flooding or flood damages. Section 703 shall not create liability on the part of the County, any officer or employee thereof, or the Federal Insurance Administration, for any flood damages that result from reliance on the FMD or any administrative decision lawfully made hereunder.

703.04 Applicability

Section 703 applies to the FMD, which is applied to the special flood hazard areas (SFHAs) identified by the Federal Insurance Administration in a scientific and engineering report entitled, "The Flood Insurance Study for Clackamas County, Oregon & Incorporated Areas," (FIS) dated January 18, 2019, with accompanying Flood Insurance Rate Maps (FIRMs).

1. The FIS and FIRMs are hereby adopted by reference and declared to be a part of Section 703 and are on file at the County Department of Transportation and Development.
2. The Planning Director shall make interpretations where needed, as to the exact location of the boundaries of the SFHA (for example, where there appears to be a conflict between a mapped boundary and actual field conditions, topography, and/or elevations). In areas where base flood elevation data have been provided, the Planning Director may require the applicant to submit an elevation certificate. To most precisely determine the base flood elevation of the subject area, the elevations provided by the FIS flood profiles in combination with the cross section lines on the FIRM shall supersede the base flood elevation lines and values identified on the FIRM.

703.05 Definitions

The following definitions apply to Section 703:

A. Area of Shallow Flooding: A designated AO, AH, AR/AO, AR/AH, or VO zone on a community's Flood Insurance Rate Map with a one percent or greater annual chance of flooding to an average depth of one to three feet where a clearly defined channel does not exist, where the path of flooding is unpredictable, and where velocity flow may be evident. Such flooding is characterized by ponding or sheet flow.

B. Base Flood: The flood having a one percent chance of being equaled or exceeded in any given year.

C. Base Flood Elevation: The computed elevation to which floodwater is anticipated to rise during the base flood. Base flood elevations are shown on Flood Insurance Rate Maps and on the flood profiles included in the Flood Insurance Study.

D. Basement: Any area of the building having its floor subgrade (below ground level) on all sides.

E. Below-Grade Crawl Space: An enclosed area below the base flood elevation — which is in nearly all cases considered by the National Flood Insurance Program to also be a basement — that generally serves as the foundation for a structure and exhibits the following characteristics:

All sides of the crawl space are below the adjacent exterior grades outside the crawl space;

The interior grade inside the crawl space is not more than two feet below the lowest adjacent exterior grade; and

The height, measured from the interior grade of the crawl space to the top of the crawl space foundation, does not exceed four feet at any point.

F. Community Rating System: A program of the National Flood Insurance Program (NFIP) that recognizes jurisdictions for implementing floodplain management practices and standards that exceed NFIP minimum requirements. Membership in the program results in increased public safety and property protection, along with reductions in flood insurance premiums.

G. Conditional Letter of Map Revision (CLOMR): The Federal Emergency Management Agency's (FEMA's) comment on a proposed project that would, upon construction, affect the hydrologic or hydraulic characteristics of a flooding source and thus result in the modification of the existing regulatory floodway, the effective base flood elevations, or the special flood hazard area.

H. Critical Facility: A facility for which even a slight chance of flooding might be too great. Critical facilities include schools, hospitals, nursing homes, orphanages, penal institutions, fire stations, police stations, communications centers, water and sewage pumping stations, other public or quasi-public buildings, emergency response installations, and installations that produce, use, or store hazardous materials or hazardous waste.

I. Cross Section: A source of data that is developed during the hydraulic analyses of a stream in the course of producing the Flood Insurance Rate Maps (FIRMs) and the Flood Insurance Study (FIS). Cross sections provide an elevation view of the floodplain taken perpendicular to the flow at specific points and are typically determined using field survey information and topographic maps. Some of the locations of cross sections are shown on the FIRMs and are, in turn, cross-referenced in the FIS, where they provide precise information about a variety of data that relates to flood conditions.

J. Development: Any manmade change to improved or unimproved real estate, including but not limited to buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations or storage of equipment or materials.

K. Elevation Certificate: A form produced by the Federal Emergency Management Agency (FEMA) that is completed by a professional engineer, licensed architect, or licensed surveyor, usually through field survey work, that reports elevation information about grades, structures, and other facilities. An elevation certificate is used to determine the relationship of grades, structures, and other facilities to the base flood elevation. It is also used to certify building elevations to ensure compliance with community floodplain regulations; determine proper insurance rates; and support a Letter of Map Amendment or Letter of Map Revision Based on Fill. Communities that participate in the Community Rating System are required to use an elevation certificate for all official reporting and recordkeeping of elevations.

L. Encroachments: Activities or construction within the floodway, including fill, new construction, substantial improvements, and other development.

M. Federal Emergency Management Agency (FEMA): A federal agency, whose primary mission is to reduce the loss of life and property and protect the nation from all hazards, including natural disasters, acts of terrorism, and other manmade disasters, by leading and supporting the nation in a risk-based, comprehensive emergency management system of preparedness, protection, response, recovery, and mitigation. Among other things, FEMA manages and oversees the National Flood Insurance Program.

N. Flood:

A general and temporary condition of partial or complete inundation of normally dry land area from:

The overflow of inland or tidal waters.

The unusual and rapid accumulation of runoff of surface waters from any source.

Mudslides (i.e., mudflows) which are proximately caused by flooding as defined in Subsection 703.05(N)(1)(b) and are akin to a river of liquid and flowing mud on the surfaces of normally dry land areas, as when earth is carried by a current of water and deposited along the path of the current.

The collapse or subsidence of land along the shore of a lake or other body of water as a result of erosion or undermining caused by waves or currents of water exceeding anticipated cyclical levels or suddenly caused by an unusually high water level in a natural body of water, accompanied by a severe storm, or by an unanticipated force of nature, such as flash flood or an abnormal tidal surge, or by some similarly unusual and unforeseeable event which results in flooding as defined in Subsection 703.05(N)(1)(a).

O. Flood Insurance Rate Map: An official map of a community, on which the Federal Insurance Administrator has delineated both the special flood hazard areas and the risk premium zones applicable to the community.

P. Flood Insurance Study: An examination, evaluation, and determination of flood hazards and, if appropriate, corresponding water surface elevations, or an examination, evaluation, and determination of mudslide (i.e., mudflow) and/or flood-related erosion hazards.

Q. Flood Profile: A graph, found in the Flood Insurance Study, of computed flood elevations at floodplain cross sections that is typically available for a stream that has base flood elevations shown on the Flood Insurance Rate Map (FIRM). Elevations provided by the flood profiles, used in combination with the cross section lines on the FIRM, are the most accurate means of determining the base flood elevation at a particular site.

R. Floodplain: Land area susceptible to being inundated by water from any source.

S. Floodproofing: Any combination of structural and non-structural additions, changes, or adjustments to properties and structures which reduce or eliminate flood damage to real estate or improved real property, water and sanitary facilities, structures and their contents.

T. Floodway: The channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than one foot. Often referred to as the "regulatory floodway."

U. Letter of Map Amendment (LOMA): An official amendment, by letter, to an effective National Flood Insurance Program map. A LOMA establishes a property's location in relation to the special flood hazard area.

V. Letter of Map Revision (LOMR): The Federal Emergency Management Agency's modification to an effective Flood Insurance Rate Map (FIRM). LOMRs are generally based on the implementation of physical measures that affect the hydrologic or hydraulic characteristics of a flooding source and thus result in the modification of the existing regulatory floodway, the effective base flood elevations, or the special flood hazard area. The LOMR officially revises the FIRM, and sometimes the Flood Insurance Study (FIS) report, and, when appropriate, includes a description of the modifications. The LOMR is generally accompanied by an annotated copy of the affected portions of the FIRM or FIS report.

W. Letter of Map Revision Based on Fill (LOMR-F): The Federal Emergency Management Agency's modification of the special flood hazard area shown on the Flood Insurance Rate Map based on the placement of fill outside the existing regulatory floodway.

X. Lowest Floor: The lowest floor of the lowest enclosed area (including basement). An unfinished or flood resistant enclosure, usable solely for parking of vehicles, building access or storage in an area other than a basement area is not considered a building's lowest floor; provided, that such enclosure is not built so as to render the structure in violation of the applicable non-elevation design requirements of Subsection 703.11(A)(1).

Y. Manufactured Home: A structure, transportable in one or more sections, which is built on a permanent chassis and is designed for use with or without a permanent foundation when attached to the required utilities. The term manufactured home does not include a recreational vehicle. A manufactured home may also be referred to as a manufactured dwelling.

Z. National Flood Insurance Program (NFIP): A federal program that is administered by the Federal Emergency Management Agency that is designed to reduce the loss of life, damage to property, and rising disaster relief costs, both within and beyond the special flood hazard area. The NFIP makes federally backed flood insurance available to communities that agree to adopt and enforce floodplain management ordinances that meet or exceed NFIP requirements.

AA. New Construction: Structures for which the start of construction commenced on or after the effective date of a floodplain management regulation adopted by the County (Section 703) and includes any subsequent improvements to such structures.

BB. "No-Rise" Certification: A certification that is provided by a professional engineer or licensed architect that demonstrates through accompanying hydrologic and hydraulic analyses, performed in accordance with standard engineering practice and National Flood Insurance Program rules and regulations, that an encroachment within the floodway will not result in any increase in the flood levels during the regulatory flood discharge. The supporting technical data should be based on the standard step-backwater computer model used to develop the 100-year floodway shown on the Flood Insurance Rate Map.

CC. Obstruction: Any dam, wall, wharf, embankment, levee, dike, pile, abutment, projection, excavation, channel, rectification, bridge, conduit, culvert, building, wire, fence, rock, gravel, refuse, fill, structure, or matter in, along, across, or projected into any channel, watercourse, or regulatory flood hazard area that may impede, retard, or change the direction of the flow of water, either in itself or by catching or collecting debris carried by such water, or that is placed where it might be carried downstream by the flow of water resulting in damage to life or property.

DD. Pre-FIRM Structure: A structure that was built before March 1, 1978, the effective date of the first Flood Insurance Rate Map (FIRM) for the County, and hence, prior to the date when detailed flood hazard data and flood elevations were provided to the County.

EE. Recreational Vehicle: A vehicle which is:

Built on a single chassis;

400 square feet or less when measured at the largest horizontal projection;

Designed to be self-propelled or permanently towable by a light duty truck; and

Designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel, or seasonal use.

FF. Regulatory Flood Protection Elevation: The elevation to which uses regulated by the FMD are required to be elevated or floodproofed.

GG. Special Flood Hazard Area: (SFHA): An area having special flood, mudslide (i.e., mudflow), or flood-related erosion hazards, and shown on a FIRM as Zone A, AO, A1-30, AE, AR, AR/A1-30, AR/AR, AR/AO, AR/AH, AR/A, A99, AH, VO, V1-30, VE, V, M, or E.

HH. Start of Construction: Includes substantial improvement, and means the date the building permit was issued, provided the actual start of construction, repair, reconstruction, rehabilitation, addition placement, or other improvement was within 180 days of the permit date. The actual start means either the first placement of permanent construction of a structure on a site, such as the pouring of slab or footings, the installation of piles, the construction of columns, or any work beyond the stage of excavation; or the placement of a manufactured home on a foundation. Permanent construction does not include land preparation, such as clearing, grading and filling; nor does it include the installation of streets and/or walkways; nor does it include excavation for a basement, footings, piers, or foundation or the erection of temporary forms; nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main structure. For a substantial improvement, the actual start of construction means the first alteration of any wall, ceiling, floor, or other structural part of the building, whether or not that alteration affects the external dimensions of the structure.

II. Structure: For floodplain management purposes, a walled and roofed building, including a gas or liquid storage tank, that is principally above ground, as well as a manufactured home.

JJ. Substantial Damage: Damage of any origin sustained by a structure whereby the cost of restoring the structure to its before damaged condition would equal or exceed 50 percent of the market value of the structure before the damage occurred. The market value of the structure before the damage occurred shall be the structure's real market value that is provided by the County Department of Assessment and Taxation. The cost of restoring a structure shall be determined by the County Building Codes Division.

KK. Substantial Improvement: Any reconstruction, repair, rehabilitation, addition, or other improvement — or series of reconstructions, repairs, rehabilitations, additions or other improvements — of a structure, the cost of which — or cumulative costs of which at the time of the most recent reconstruction, repair, rehabilitation, addition, or other improvement — equals or exceeds 50 percent of the market value of the structure before the "start of construction" of the improvement. The market value of the structure shall be determined at the time of the most recent reconstruction, repair, rehabilitation, addition, or other improvement, either before the improvement is started, or if the structure has been damaged and is being restored, before the damage occurred. The market value of the structure shall be the structure's real market value that is provided by the County Department of Assessment and Taxation. The cost of reconstruction, repair, rehabilitation, addition, or other improvement of a structure, or series thereof, shall be determined by the County Building Codes Division. This term includes structures which have incurred "substantial damage", regardless of the actual repair work performed. The term does not, however, include either:

Any project for improvement of a structure to correct existing violations of state or local health, sanitary, or safety code specifications which have been identified by the local code enforcement official and which are the minimum necessary to assure safe living conditions or

Any alteration of a "historic structure" listed on the National Register of Historic Places or a State or Local Inventory of Historic Places, provided that the alteration will not preclude the structure's continued designation as a "historic structure".

LL. Variance: A grant of relief by the County from the terms of a floodplain management regulation.

MM. Water-Dependent Use: A use that is dependent on close proximity to the water to perform its intended purpose and by reason of the intrinsic nature of its operations. The term "water dependent use" shall be recognized as having a broader meaning than the term "functionally dependent use" as defined in Volume 44 Code of Federal Regulations (CFR) Section 59.1. A "water dependent use" shall not meet the requirements to qualify for a variance under Volume 44 CFR Section 60.6(a)(7) unless the use also qualifies as a "functionally dependent use" as defined in Volume 44 CFR 59.1.

NN. Wet Floodproofing: Permanent or contingent measures that are applied to a structure or its contents that prevent or provide resistance to damage from flooding, while allowing floodwaters to enter the structure or area. Generally, this includes properly anchoring the structure, using flood resistant materials below the base flood elevation and protecting mechanical and utility equipment. Application of wet floodproofing as a flood protection technique under the National Flood Insurance Program is limited to enclosures below elevated residential and non-residential structures and to nonresidential structures that have been issued variances by the County.

703.06 Type I Uses

The following uses require review as a Type I application pursuant to Section 1307, Procedures, and are exempt from the requirement to obtain a floodplain development permit and from compliance with Subsections 703.10 and 703.11.

1. Reconstruction, repair, rehabilitation, addition, or other improvement of a pre-FIRM structure that is not a substantial improvement and where the structure has not sustained substantial damage. If the structure is located in the floodway, no increase in ground coverage shall result unless a "no-rise" certification is provided.

703.07 Development in The Floodway

Development in the floodway is prohibited, except as provided in Subsection 703.06, or for the following uses. The following uses are allowed only if permitted in the underlying zoning district and require approval of a floodplain development permit:

1. Water-dependent uses. A "no-rise" certification shall be provided.
2. Riprap or other structural stream bank protection measures, subject to either Subsection 703.07(B)(1) or 703.07(B)(2).
   1. If riprap or other structural stream bank protection measures are proposed to repair bank damage, bank removal, or bank erosion, the following criteria shall be met. For the purpose Subsection 703.07(B)(2), pre-existing conditions are the conditions of the repair area upon which the FIRM(s), flood boundary and floodway map(s), and FIS(s) were based that were in effect during the period that the bank was damaged, removed, and/or eroded, leading up to the proposed repair.
      1. The measures shall not encroach any further into the stream channel than the pre-existing conditions.
      2. The measures shall not add any more cubic yards of bank material than was in place in the pre-existing conditions.
      3. The measures shall not exceed the height of the bank nor protrude above the topography that was in place in the pre-existing conditions.
      4. The pre-existing conditions shall be demonstrated through some combination of historical and aerial photography, survey and cross-section information, maps or plans, hydrologic and hydraulic modeling, or any other pertinent information.
      5. The applicant shall provide evidence from a professional engineer, with expertise in hydrology, hydraulics, fluvial geomorphology, or hydrogeology, that the proposal complies with Subsections 703.07(B)(2)(a) through (d) and that the proposed stream bank protection measures will cause no adverse impacts to upstream or downstream properties, when compared to impacts of the pre-existing conditions.
   2. If riprap or other structural stream bank protection measures are proposed for reasons other than to repair bank damage, bank removal, or bank erosion, or if the repair exceeds the standards of Subsection 703.07(B)(1), the applicant shall provide a "no-rise" certification and evidence from a professional engineer, with expertise in hydrology, hydraulics, fluvial geomorphology, or hydrogeology, that the proposed stream bank protection measures will cause no adverse impacts to upstream or downstream properties.
3. Hydroelectric facilities. A "no-rise" certification shall be provided;
4. Stream crossings. A "no-rise" certification shall be provided;
5. Replacement, substantial improvement, or repair of substantial damage of a structure that was constructed prior to the establishment of, or revisions to, the floodway, subject to the following:
   1. The development shall comply with Subsection 1206.06.
   2. Foundations shall be designed by a professional engineer or licensed architect, to the satisfaction of the County Building Codes Division, to withstand the mean velocity of floodwaters in the floodway, as they are listed in the Floodway Data tables of the Flood Insurance Study, and to withstand the scouring forces associated with those floodwater velocities.
   3. If an increase in ground coverage is proposed, a "no-rise" certification shall be provided.

703.08 Duties of the Planning Director

The Planning Director is hereby appointed to administer and implement Section 703 by granting or denying development permit applications in accordance with its provisions. The Planning Director may delegate authority to implement these provisions. Duties of the Planning Director under Section 703include:

1. The Planning Director shall review floodplain development permits to determine if the proposed development adversely affects the flood carrying capacity of the special flood hazard area. For purposes of this subsection, "adversely affects" means that the cumulative effect of the proposed development and all other existing and anticipated development, will not increase the water surface elevation of the base flood more than one foot at any point.
2. Within the special flood hazard area, when more detailed base flood elevation or floodway data is available outside of the adopted Flood Insurance Study (FIS) from a federal, state or other authoritative source — such as preliminary or draft information from a new study that will revise the FIS —the Planning Director may obtain, review, and reasonably utilize such data as long as it is more restrictive than the currently effective data. When the data pertains to a preliminary or draft FIS in Zone A, the Planning Director is required to reasonably utilize the data, and is allowed discretion in using this data only to the extent that the technical or scientific validity of the data in the draft or preliminary FIS is questioned by a qualified professional.
3. When base flood elevation data has not been provided (A zones), the Planning Director shall obtain, review, and reasonably utilize any base flood elevation and floodway data available from a Federal, State, or other source, in order to administer the standards in Subsections 703.08, 703.10, and 703.11.
4. The Planning Director shall, where base flood elevation data is provided through the FIS, Flood Insurance Rate Map, or utilized pursuant to Subsections 703.08(B) or (C), obtain and record the actual elevation (in relation to mean sea level) of the lowest floor (including basements and below-grade crawlspaces) of all new or substantially improved structures, and whether or not the structure contains a basement.
5. For all new or substantially improved structures, the Planning Director shall review an elevation certificate or a Federal Emergency Management Agency National Flood Insurance Program Floodproofing Certificate (for Non-Residential Structures) provided by the applicant and shall verify and record the actual elevation (in relation to mean sea level) and maintain the elevation and floodproofing certificates required.
   1. In either case, the currently effective form shall be used, and it shall be completed in accordance with the accompanying instructions.
   2. The determination regarding which certificate is required shall be made based on the nature of the development consistent with National Flood Insurance Program regulations.
6. The Planning Director shall maintain for public inspection all records pertaining to the provisions of Section 703.
7. The Planning Director shall review all floodplain development permits to determine if the proposed development activity qualifies as a substantial improvement.
8. The Planning Director shall provide to building officials the regulatory flood protection elevation applicable to any building requiring a building permit.
9. The Planning Director shall notify adjacent communities, the State of Oregon Department of Land Conservation and Development, and other appropriate state and federal agencies prior to any alteration or relocation of a watercourse and submit evidence of such notification to the Federal Insurance Administration.
10. J. The Planning Director shall notify the Federal Emergency Management Agency (FEMA) within six months of project completion when an applicant had obtained a Conditional Letter of Map Revision (CLOMR) from FEMA, or when development altered a watercourse, modified floodplain boundaries, or modified base flood elevations. This notification shall be provided as a Letter of Map Revision (LOMR).
    1. The project applicant shall be responsible for preparing technical data to support the LOMR application and for payment of all processing and application fees charged by FEMA.

703.09 Floodplain Development Permits

Except as provided under Subsection 703.06, a floodplain development permit (FDP) shall be obtained for development laterally within the FMD before construction or development begins. The permit shall be for all structures, including manufactured dwellings, and for all development, including fill and other activities. Work that is necessary to protect existing structures, utility facilities, roadways, driveways, and stream banks in response to emergencies may be undertaken prior to obtaining an FDP, provided that an application is made within 90 days of water receding. The measures used for protection may not be able to be permitted. An FDP requires review as a Type II application pursuant to Section 1307, Procedures.

1. Submittal Requirements: In addition to the submittal requirements identified in Subsection 1307.07(C), an application for an FDP shall include:
   1. A site plan drawn to scale, showing elevations of the site; pertinent structure, fill, or storage elevations; size, location, and spatial arrangement of all proposed and existing structures on the site; and location and elevations of streets, water supply, sanitary facilities, and soil types; and other applicable information;
   2. Specifications for building construction and materials, loads and forces, and effect on soil bearing pressures, erosion control, floodproofing, filling, dredging, grading, channel improvement, storage of materials, water supply, and sanitary facilities;
   3. A description of the extent to which any watercourse will be altered or relocated as a result of proposed development; and
   4. Either an elevation certificate or a Federal Emergency Management Agency National Flood Insurance Program Floodproofing Certificate (for Non-Residential Structures).
   5. In either case, the currently effective form shall be used, and it shall be completed in accordance with the accompanying instructions, and based on construction drawings and proposed site locations of development.
   6. The determination regarding which certificate is required shall be made based on the nature of the proposed development consistent with National Flood Insurance Program regulations.
2. Factors of Consideration: In reviewing an application for an FDP, the following factors shall be considered:
   1. The danger to life and property due to increased flood heights or velocities caused by encroachments;
   2. The danger that materials may be swept on to other lands or downstream to the injury of others;
   3. The proposed water supply and sanitation systems and the ability of those systems to prevent disease, contamination, and unsanitary conditions;
   4. The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owner;
   5. The importance to the community of the service provided by the proposed facility;
   6. The requirements of the facility for a waterfront location;
   7. The availability of alternative locations not subject to flooding for the proposed use;
   8. The compatibility of the proposed use with existing development and development anticipated in the foreseeable future;
   9. The relationship of the proposed use to the Comprehensive Plan and floodplain management program for the area;
   10. 10. The safety of access to property in times of flood for ordinary and emergency vehicles;
   11. Whether the proposed development activity represents a substantial improvement to an existing structure;
   12. Whether the proposed structure qualifies as a critical facility;
   13. The expected heights, velocity, duration, rate of rise, and sediment transport of the floodwaters expected at the site; and
   14. Other factors that are relevant to the purpose of Section 703.
3. Approval Criteria: An FDP shall be subject to the following standards and criteria:
   1. All necessary permits have been obtained from those federal, state, or local governmental agencies from which prior approval is required.
   2. If the proposed development is in the floodway, the standards of Subsection 703.07 have been met.
   3. If the proposed development includes alteration of a watercourse, maintenance will be provided within the altered or relocated portion of said watercourse so that the flood carrying capacity is not diminished.
   4. The proposed development will comply with the applicable provisions of Subsections 703.10 and 703.11.
4. Conditions of Approval: The County may attach conditions of approval to an FDP if such conditions are deemed necessary to further the purpose of Section 703. Such conditions may include, but are not limited to:
   1. Limitations on periods of use and operation;
   2. Imposition of operation controls, sureties, and deed restrictions; and
   3. Floodproofing and other protective measures, such as:
      1. Installation of watertight doors, bulkheads, and shutters;
      2. Reinforcement of walls to resist water pressure;
      3. Use of paints, membranes, or mortars to reduce seepage of water through walls;
      4. Addition of mass or weight to structures to resist flotation;
      5. Installation of pumps to lower water levels in structures;
      6. Construction of water supply and waste treatment systems to prevent the entrance of floodwaters;
      7. Pumping facilities for subsurface external foundation wall and basement floor pressures;
      8. Construction to resist rupture or collapse caused by water pressure or floating debris;
      9. Cutoff valves on sewer lines or the elimination of gravity flow basement drains; and
      10. Requirements for construction of channel modifications, dikes, levees, and other protective measures.
5. Finalization of an FDP: If a preliminary elevation certificate or floodproofing certificate was required for a structure, a second elevation certificate is required prior to approval of the foundation inspection. In addition, a building permit for that structure shall not receive a final approval or certificate of occupancy until the County approves a final elevation certificate or floodproofing certificate that is based on the as-built/finished construction.
6. Approval Period: Approval of an FDP 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, or if no major development permits are required to complete the development contemplated by the approved FDP, "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 FDP approval; or
         2. A permit issued by the County Engineering Division for parking lot or road improvements that were part of the FDP approval.
7. Time Extension: If the approval of an FDP is not implemented within the initial approval period established by Subsection 703.09(F), a two-year time extension may be approved pursuant to Section 1310, Time Extension.

703.10 General FMD Standards

Development in the FMD shall comply with the following standards:

1. Anchoring:
   All new construction and substantial improvements shall be anchored to prevent flotation, collapse, or lateral movement of the structure resulting from hydrodynamic and hydrostatic loads, including the effects of buoyancy.
2. Construction Materials and Methods, and Utilities:
   1. The following standards shall apply to below-grade crawl spaces. For more detailed information, refer to FEMA Technical Bulletin 11-01, Crawlspace Construction for Buildings Located in Special Flood Hazard Areas. For flood insurance purposes, there is an additional charge that is added to the basic flood insurance policy premium for structures that are built on below-grade crawl spaces.
      1. The building shall be designed and adequately anchored to resist flotation, collapse, and lateral movement of the structure resulting from hydrodynamic and hydrostatic loads, including the effects of buoyancy. Hydrostatic loads and the effects of buoyancy can usually be addressed through the openings required by Subsection 703.10(B)(1)(b). Because of hydrodynamic loads, crawl-space construction is prohibited in areas with flood velocities greater than five feet per second unless the design is reviewed by a qualified design professional, such as a professional engineer or licensed architect. Other types of foundations are recommended for these areas.
      2. The crawl space shall have openings that equalize hydrostatic pressures by allowing the automatic entry and exit of floodwaters. The bottom of each flood vent opening shall be no more than one foot above the lowest adjacent exterior grade.
      3. Portions of the building below the base flood elevation (BFE) shall be constructed with materials resistant to flood damage. This includes not only the foundation walls of the crawl space used to elevate the building, but also any joists, insulation, or other materials that extend below the BFE. The recommended construction practice is to elevate the bottom of joists and all insulation above BFE.
      4. Any building utility systems within the crawl space shall be elevated above the BFE or designed so that floodwaters cannot enter or accumulate within the system components during flood conditions. Ductwork, in particular, shall either be placed above the BFE or sealed from floodwaters.
      5. The interior grade of a crawl space below the BFE shall not be more than two feet below the lowest adjacent exterior grade.
      6. The height of the below-grade crawl space, measured from the interior grade of the crawl space to the top of the crawl space foundation wall shall not exceed four feet at any point. The height limitation is the maximum allowable unsupported wall height according to the engineering analyses and building code requirements for flood hazard areas.
      7. There shall be an adequate drainage system that removes floodwaters from the interior area of the crawl space. The enclosed area shall be drained within a reasonable time after a flood event. The type of drainage system will vary because of the site gradient and other drainage characteristics, such as soil types. Possible options include natural drainage through porous, well-drained soils and drainage systems such as perforated pipes, drainage tiles, or gravel or crushed stone drainage by gravity or mechanical means.
      8. The velocity of floodwaters at the site should not exceed five feet per second for any crawl space. For velocities in excess of five feet per second, other foundation types should be used.
   2. All new construction and substantial improvements shall be constructed with materials and utility equipment resistant to flood damage, and using methods and practices that minimize flood damage. For more detailed information, refer to November 1999 FEMA Publication 348, Protecting Building Utilities from Flood Damage; and FEMA Technical Bulletin 2-93, Flood-Resistant Materials Requirements.
   3. New and replacement water supply systems shall be designed to minimize or eliminate infiltration of floodwaters into the system.
   4. New and replacement sanitary sewage systems shall be designed to minimize or eliminate infiltration of floodwaters into the system and discharge from the system into floodwaters.
   5. All equipment, machinery, appliances, and electrical boxes that pertain to electrical, ventilation, plumbing, and heating and air-conditioning systems and services, as well as outside fuel storage tanks, outside air-conditioning units, and other interior or exterior service facilities, systems, equipment, machinery, appliances, and other utilities shall be elevated or floodproofed so as to prevent water from entering or accumulating within the components during conditions of flooding.
      1. Floodproofed facilities, systems, equipment, machinery, and appliances — except for waterproofed wires and cables, as well as waterproofed and sealed plumbing pipes and other plumbing services — shall be certified as such by a preliminary and final floodproofing certificate.
      2. Except for manufactured dwelling electrical crossover connections, regulated pursuant to Subsection 703.11(A)(1), non-floodproofed facilities, systems, equipment, machinery, and appliances shall be elevated at least two feet above the BFE, except that duct systems may be elevated at least one foot above the BFE.
   6. Onsite wastewater disposal systems shall be located to avoid impairment to them or contamination from them during flooding consistent with Oregon Department of Environmental Quality regulations.
   7. A professional engineer or licensed architect shall certify that the design and methods of construction are in accordance with accepted standards of practice for meeting provisions of this subsection based on their development and/or review of the structural design, specifications, and plans. Such certifications shall be provided to the County.
3. Substantial Improvement and Substantial Damage: A structure for which a substantial improvement or repair of substantial damage is proposed shall be elevated, retrofitted, upgraded, etc., such that the structure and all of its interior and exterior service facilities, systems, equipment, machinery and appliances shall be brought into compliance with the applicable standards of this section.
4. Manufactured Dwellings:
   1. Manufactured dwellings to be placed or substantially improved shall be placed on a permanent foundation and elevated pursuant to Subsection 703.11.
   2. Manufactured dwellings shall be anchored to prevent flotation, collapse, or lateral movement, and shall be installed using methods and practices that minimize flood damage. Anchoring methods may include, but are not limited to, use of over-the-top or frame ties to ground anchors.
   3. Manufactured dwellings shall be placed utilizing the applicable designs and guidelines, as approved by the Building Codes Division, of the September 1985 FEMA Publication, Manufactured Home Installation in Flood Hazard Areas, and State of Oregon Manufactured Dwelling Installation Specialty Code, whichever is the most restrictive.
5. Recreational Vehicles: Recreational vehicles shall comply with the requirements of Subsection 703.10(D) for manufactured dwellings or shall be:
   1. Located on the site for fewer than 180 consecutive days;
   2. Fully licensed and ready for highway use;
   3. Supported on wheels or a jacking system;
   4. Attached to services on the site only by quick-disconnect type utilities and security devices; and
   5. Void of any permanently attached additions.
6. Fill:
   1. Any fill or other materials — except those proposed within the interior of, and inside the walls of, a crawl space, foundation, basement or enclosure floor — shall be shown to have a beneficial purpose and the amount thereof not greater than is necessary to achieve that purpose, as demonstrated by a plan submitted by the applicant, showing the uses to which the filled land will be put and the final dimensions of the proposed fill or other materials.
   2. Fill or other materials shall be protected against erosion by riprap, vegetative cover, or bulkheading.
   3. Structures may be allowed to be constructed on fill and thereby elevated above the BFE, subject to the following standards:
      1. The fill shall be placed such that the lowest adjacent finished grade of the fill to the foundation of the structure is at least two feet above the BFE.
      2. The lowest portion of the lowest structural support system of the building (i.e., the bottom of slab, bottom of footings, or bottom of any other lowest on-grade or sub-grade supporting member) shall be located at least one foot above the BFE.
      3. Placement of the fill shall require approval of a grading permit.
      4. The structure shall be constructed pursuant to the applicable standards of FEMA Technical Bulletin 10-01, Ensuring That Structures Built on Fill in or near Special Flood Hazard Areas Are Reasonably Safe from Flooding.
   4. All fill placed at or below the BFE shall be balanced with at least an equal amount of material removal either on-site, or from a nearby area at or below the BFE and in the same drainage basin. In addition, the following standards shall apply:
      1. Excavation below the level of the seasonal groundwater table shall not be used in balancing fill volumes against excavation volumes;
      2. The mean annual groundwater level shall be determined by soil morphology, or other available data on groundwater conditions;
      3. Balancing of a fill shall occur at the same time as the fill is placed on the development site;
      4. The site plan required in Subsection 703.09(A)(1) shall identify the area where material is removed from the floodplain to balance fill volumes, including pertinent elevations and volume of fill removed;
      5. A professional engineer or licensed architect shall certify that the amount of material removed balances the amount of fill material;
      6. f. A suitable recorded easement or similar legally binding mechanism, in a form acceptable to County Counsel shall be provided to the Planning Director, indicating that future development of the delineated area where material is removed to balance fill volumes is prohibited, and the delineated area cannot be used in the future as balancing for a fill; and
      7. When the balancing occurs off-site, the application shall also include:
      8. Authorization from the owner of the property where the balancing will occur; and
      9. ii. A legal description of the parcel where the balancing will occur.
   5. The following uses or activities are not subject to the provisions of Subsection 703.10(F)(4):
      1. Removal and/or fill necessary to plant new trees or vegetation;
      2. Removal and/or fill required for the construction of storm-water runoff detention facilities and/or structures; and
      3. Removal and/or fill required for the construction of other facilities such as levees designed specifically to reduce or mitigate flood impacts.
7. Stream Crossings, Including Bridges and Culverts, and Transportation Projects:
   1. Stream crossings and transportation projects shall be designed as balanced removal and fill projects, or designed to not raise the BFE.
   2. Stream crossings and transportation projects that encroach into the floodway shall obtain a "no-rise" certification, or, if the "no-rise" condition cannot be achieved, shall obtain a Conditional Letter of Map Revision, prior to permitting the work, followed by a Letter of Map Revision after the work has been completed.
   3. Stream crossings and transportation projects shall be designed to minimize the area of fill in the special flood hazard area (SFHA) and to minimize erosive water velocities.
   4. Stream crossings shall be as close to perpendicular to the stream as practicable.
   5. Stream crossings shall be designed to allow fish passage.
   6. Stream crossings and transportation projects are subject to review and approval pursuant to applicable federal and state statutes and administrative rules.
8. Subdivisions:
   1. Subdivisions shall be consistent with the need to minimize flood damage.
   2. Subdivisions shall have public utilities and facilities, such as sewer, gas, electrical, and water systems, located and constructed to minimize flood damage.
   3. Subdivisions shall have adequate drainage provided to reduce exposure to flood damage.
9. Toxic or Hazardous Materials:
   1. The storage or use of toxic or hazardous materials in conjunction with nonresidential uses is prohibited, except as permitted in Subsection 703.10(I)(2).
   2. Storage or use of toxic or hazardous materials may be permitted if the applicant demonstrates the following:
      1. The proposed development requires toxic or hazardous materials for operation.
      2. An area outside the SFHA is not available to be used for storage or use of toxic or hazardous materials.
      3. The containers, structures, facilities and machinery that contain, use or process the toxic or hazardous materials shall be elevated:
         1. A minimum of two feet above the BFE in AE zones, as indicated on the FIRM or determined pursuant to Subsection 703.08(B);
         2. A level to be determined pursuant to Subsection 703.11(C)(1) in unnumbered A zones, as indicated on the FIRM or determined pursuant to Subsection 703.08(B); or
         3. The depth number specified on the Flood Insurance Rate Map — or a minimum of two feet above the highest adjacent grade if no depth number is specified — in shallow flooding areas.
         4. The structures that support the containers, structures, facilities, and machinery that contain, use or process the toxic or hazardous materials shall comply with Subsections 703.10(A) and 703.10(B)(2) and (7).
10. J. Critical Facilities: Construction of new critical facilities shall be, to the extent possible, located outside the limits of the Special Flood Hazard Area (SFHA). Construction of new critical facilities shall be permissible within the SFHA if no feasible alternative site is available. Critical facilities constructed within the SFHA shall have the lowest floor elevated three feet above base flood elevation or to the height of the 500-year flood, whichever is higher. Access to and from the critical facility shall also be protected to the height utilized above. Floodproofing and sealing measures shall be taken to ensure that toxic substances will not be displaced by or released into floodwaters. Access routes elevated to or above the level of the base flood elevation shall be provided to all critical facilities to the extent possible.

703.11 Specific Standards

1. AE Zones with Designated Floodways: In AE zones with designated floodways, as indicated on the Flood Insurance Rate Map (FIRM) or determined pursuant to Subsection 703.08(B), development shall comply with the following criteria:
   1. Residential Construction: New construction and substantial improvement of a dwelling shall have the lowest floor, including basement, elevated at least two feet above the base flood elevation (BFE), except that new or substantially improved manufactured dwellings shall have the bottom of the longitudinal frame beam and electrical crossover connections elevated at least one foot above the BFE. Fully enclosed areas below the lowest floor that are subject to flooding are prohibited, or shall be designed to automatically equalize hydrostatic flood forces on exterior walls by allowing for the entry and exit of floodwaters. Designs for meeting this requirement shall either be certified by a professional engineer or licensed architect or shall meet or exceed the following minimum criteria. For more detailed information, refer to FEMA Technical Bulletin 1-93, Openings in Foundation Walls.
      1. A minimum of two openings having a total net area of not less than one square inch for every square foot of enclosed area subject to flooding shall be provided, unless the applicant provides documentation from a professional engineer or licensed architect that a flood vent manufacturer's product can provide less than one square inch of opening for every square foot of enclosed area and still meet National Flood Insurance Program standards.
      2. The bottom of all openings shall be no higher than one foot above grade.
      3. Openings may be equipped with screens, louvers, or other coverings or devices provided that they permit the automatic entry and exit of floodwaters.
   2. Nonresidential Construction: New construction and substantial improvement of a nonresidential structure shall either comply with Subsection 703.11(A)(1), or, together with attendant utility and sanitary facilities, shall comply with the following criteria. For more detailed information, refer to FEMA Technical Bulletin 3-93, Non-Residential Floodproofing — Requirements & Certification.
      1. The structure shall be floodproofed, so that below the point one foot above the BFE, the structure is watertight, with walls substantially impermeable to the passage of water. Applicants floodproofing nonresidential structures shall be notified in writing that flood insurance premiums will be based on rates that are one foot below the floodproofed level (e.g. a building floodproofed to one foot above the BFE will be rated as being floodproofed to the BFE).
      2. The structure shall have structural components capable of resisting hydrostatic and hydrodynamic loads and effects of buoyancy.
      3. A professional engineer or licensed architect shall certify that the design and methods of construction are in accordance with accepted standards of practice for meeting provisions of this subsection based on their development and/or review of the structural design, specifications, and plans. Such certifications shall be provided to the County.
2. AE Zones without Designated Floodways: In AE zones without designated floodways, as indicated on the FIRM or determined pursuant to Subsection 703.08(B), development shall comply with Subsection 703.11(A) and the following criteria:
   1. The cumulative effect of the proposed development and all other existing and anticipated development, shall not increase the water surface elevation of the base flood more than one foot at any point.
   2. Whenever possible, structures shall be constructed with the longitudinal axis parallel to the direction of flood flow.
   3. So far as practical, structures shall be placed approximately on the same flood flow lines as those of adjoining structures.
3. Unnumbered A Zones: In unnumbered A zones, as indicated on the FIRM or determined pursuant to Subsection 703.08(B), development shall comply with the following criteria:
   1. Proposed construction shall be reasonably safe from flooding. The test of reasonableness is a local judgment and includes use of historical data, high water marks, photographs of past flooding, post-flood improvements to the waterway, etc., where available. Failure to elevate the lowest floor to at least two feet above the highest grade may result in higher insurance rates.
   2. Proposed residential construction shall comply with Subsections 703.11(A)(1). Proposed nonresidential construction, together with attendant utility and sanitary facilities, shall comply with Subsections 703.11(A)(2). However, the level to which the structure must be elevated or floodproofed shall be determined pursuant to Subsection 703.11(C)(1).
   3. Proposed construction shall comply with Subsections 703.11(B)(2) and (3).
   4. The applicant shall provide base flood elevations for the area of development. Where base flood elevation data have not been provided or are not available from another authorized source, the data shall be generated for subdivisions or other proposed development that contain at least 50 lots or five acres, whichever is less.
4. Areas of Shallow Flooding: In areas of shallow flooding, development shall comply with the following criteria:
   1. New construction and substantial improvement of a dwelling shall comply with Subsections 703.11(A)(1) and shall have the lowest floor, including basement, elevated above the highest adjacent grade of the building site to a minimum of two feet above the depth number specified on the FIRM. If no depth number is specified, the lowest floor shall be elevated at least two feet above the highest adjacent grade of the building site.
   2. New construction and substantial improvement of a nonresidential structure shall either comply with Subsection 703.11(D)(1), or, together with attendant utility and sanitary facilities, shall comply with Subsection 703.11(A)(2), except that the structure shall be floodproofed to the elevation identified in Subsection 703.11(D)(1).
   3. Adequate drainage paths shall be provided around structures on slopes to guide floodwaters around and away from proposed structures.

703.12 Exception

1. Approval Criteria: Certain non-residential structures — such as detached garages and storage sheds solely used for parking and limited storage that are no greater than 400 square feet in area and do not exceed one story, pole barns used for storage of farm machinery and equipment, small garden sheds, and structures used in conjunction with agricultural activities — may be granted an exception from the elevation and floodproofing standards of Subsection 703.11, subject to the following criteria. (For more detailed information, refer to FEMA Technical Bulletin 7-93, Wet Floodproofing Requirements.) Additionally, the following structures may qualify for the exception: residential accessory structures up to 200 square feet, which may not require a building permit pursuant to Oregon Residential Specialty Code R105.2; residential accessory structures greater than 200 and up to 400 square feet if the lot size and setbacks qualify pursuant to Oregon Residential Specialty Code R105.2; and commercial accessory structures that are up to 120 square feet, which may not require a building permit pursuant to Oregon Structural Specialty Code 105.2.
   1. The exception is reviewed pursuant to Subsection 703.13, and compliance with the approval criteria of Subsection 703.13(A) is demonstrated.
   2. The structure will be wet floodproofed.
   3. The structure will not be temperature controlled.
   4. The structure will not cause significant flood risk.
   5. The structure will not be used for human habitation, and will be utilized for storage or parking.
   6. The structure will be located, designed, and constructed to have low flood damage potential.
   7. The structure will be constructed and placed on the building site so as to offer the minimum resistance to the flow of flood waters.
   8. The structure will not be used to store toxic material, oil or gasoline, or any priority persistent pollutant identified by the Oregon Department of Environmental Quality, unless confined in a tank installed in compliance with Section 703 or stored at least one foot above the base flood elevation.
   9. The structure will be anchored to prevent flotation, collapse, or lateral movement of the structure resulting from hydrodynamic and hydrostatic loads, including the effects of buoyancy, during conditions of the base flood.
   10. 10. The structure will be constructed with electrical and other service facilities located and installed so as to prevent water from entering or accumulating within the components during conditions of the base flood.
   11. The structure will be constructed to equalize hydrostatic flood forces on exterior walls by allowing for the automatic entry and exit of floodwater. Designs for complying with this requirement must be certified by a licensed professional engineer or architect or comply with Subsections 703.11(A)(1)(a) through (c).
   12. The structure will be constructed with flood-resistant materials that meet the requirements of the County Building Codes Division, up to:
       1. A minimum of one foot above the BFE in AE zones, as indicated on the FIRM or determined pursuant to Subsection 703.08(B);
       2. A level to be determined pursuant to Subsection 703.11(C)(1) in unnumbered A zones, as indicated on the FIRM or determined pursuant to Subsection 703.08(B); or
       3. The depth number specified on the Flood Insurance Rate Map — or a minimum of two feet above the highest adjacent grade if no depth number is specified — in areas of shallow flooding.
   13. If the structure will be located in the floodway, the structure will comply with Subsection 703.07.
2. Insurance Consequences: If an exception is granted for a structure that is accessory to a dwelling and the structure will exceed a value greater than 10 percent of the value of the dwelling, the applicant shall be given written notice that substantial increases in insurance rates may result.

703.13 Variances

1. Approval Criteria: In conjunction with review of a floodplain development permit, a variance from the requirements of Section 703 may be approved, subject to the following standards and criteria:
   1. The request is consistent with Subsection 703.09(B).
   2. There is good and sufficient cause for the variance.
   3. Compliance with the requirements for which the variance is requested would cause an exceptional hardship to the applicant.
   4. Approval of the variance would not result in increased flood levels during base flood discharge, additional threats to public safety, extraordinary public expense, or a nuisance condition, cause fraud on or victimization of the public, or conflict with existing local laws or ordinances.
   5. The variance requested is the minimum necessary, considering the flood hazard, to provide relief.
   6. If the proposal is to repair or rehabilitate a historic structure that is listed on the National Register of Historic Places or a State or Local Inventory of Historic Places, the proposed repair or rehabilitation will not preclude the structure's continued designation as a historic structure, and the variance is the minimum necessary to preserve the historic character and design of the structure.
2. Consequences: If a variance is granted that allows the lowest floor of a structure to be built below the regulatory flood protection elevation, the applicant shall be given written notice that:
   1. The cost of flood insurance will be commensurate with the increased risk resulting from the reduced lowest floor elevation; and
   2. Such construction below the base flood level increases risks to life and property and the County is not liable for any damages that result from the variance approval.
3. The written notice required by Subsection 703.13(B) shall be maintained with a record of all variance actions.

[Amended by Ord. ZDO-230, 9/26/11; Amended by Ord. ZDO-248, 10/13/14; Amended by Ord. ZDO-275, 1/18/19]

This Ordinance shall be known and may be cited and referred to as the "Clackamas County, Oregon, Zoning and Development Ordinance" (hereinafter referred to as this Ordinance). 

[Amended by Ord. ZDO-235, 5/14/12]

1307.01 Purpose

Section 1307 is adopted to:

1. Implement the goals and policies of the Comprehensive Plan for community involvement and the planning process;
2. Establish uniform procedures for the review of land use applications and legislative land use proposals;
3. Facilitate timely review of land use applications by the County;
4. Clarify the land use application review process for applicants; and
5. Enable the public to effectively participate in the County's land use permit decision-making process.

1307.02 Applicability

Section 1307 applies to all land use permit applications and all legislative land use proposals under this Ordinance.

1. No person shall engage in or cause development to occur without first obtaining the necessary land use permit approvals required by, and according to the procedures in, Section 1307.
2. Where the provisions of Section 1307 conflict with other provisions of this Ordinance, the more specific provisions shall control.

1307.03 Review Authorities

1. Review Authorities, Generally: Review authorities are those who are designated to make recommendations or decisions regarding land use permit applications and legislative land use proposals. Table 1307-1, Land Use Permits by Procedure Type, lists the land use permits and legislative land use proposals that are provided for by this Ordinance and establishes:
   1. The review authority charged with making the initial decision;
   2. The review authority charged with making the decision on the initial County- level appeal, if any;
   3. The review authority charged with making the decision on the second County- level appeal, if any; and
   4. Those circumstances where an additional review authority is charged with making a recommendation on the application or proposal to the decision- maker.
2. Planning Director: Pursuant to Oregon Revised Statutes (ORS) 215.042, the Planning Director is the County official designated to administer land use planning in the County. In this role, the Planning Director administers the Comprehensive Plan and this Ordinance, issues decisions on certain land use permit applications, and provides administrative support to other review authorities. As used in this Ordinance, the term Planning Director includes any County staff member authorized by the Planning Director to fulfill the responsibilities assigned to the Planning Director by this Ordinance.
3. Hearings Officer: Pursuant to ORS 215.406, the Hearings Officer is appointed by the Board of County Commissioners to conduct public hearings and issue decisions on certain land use permit applications.
4. Historic Review Board: The Historic Review Board is designated as an advisory body on matters pertaining to the Historic Landmark, Historic District, and Historic Corridor overlay zoning district and has the powers and duties described in Sections 707 and 1307.
   1. The Historic Review Board shall be composed of seven members, appointed by and serving at the pleasure of the Board of County Commissioners.
   2. Historic Review Board members shall have demonstrated an interest in historic preservation and have experience or special expertise or knowledge in the field of historic preservation. Three positions on the Historic Review Board shall be filled as follows:
      1. One architect, with knowledge in historic restoration;
      2. One contractor, with expertise in construction techniques applied to historic structures; and
      3. One representative from a historic group in the County.
   3. Unless otherwise provided for, members of the Historic Review Board shall serve four-year terms, beginning on May 1st of the year in which they are appointed. Terms may be renewed by the Board of County Commissioners.
   4. If a member of the Historic Review Board does not complete his or her term, the Board of County Commissioners shall appoint a replacement to serve the remainder of that term.
   5. A member whose term has ended may continue to serve on the Historic Review Board until the Board of County Commissioners renews that term or appoints a new member. The new term shall be considered to have begun on the date it would have under Subsection 1307.03(D)(3).
   6. The Historic Review Board shall adopt bylaws governing its proceedings and appoint a chair and vice chair to manage those proceedings according to those bylaws, and County, state, and federal law.
   7. In the event of a conflict between the bylaws and any provision of this Ordinance, this Ordinance shall govern. In the event of a conflict between the bylaws and a non-mandatory provision of state law, the bylaws shall govern.
5. Design Review Committee: The Design Review Committee is designated as an advisory body on matters pertaining to the design review process and has the powers and duties described in Sections 1102 and 1307.
   1. The Design Review Committee shall be composed of seven members, appointed by and serving at the pleasure of the Board of County Commissioners.
   2. Five positions on the Design Review Committee shall be filled as follows:
      1. One landscape architect;
      2. One architect;
      3. One registered engineer;
      4. One graphic design representative; and
      5. One representative from the field of finance or the construction and development industry.
   3. Unless otherwise provided for, members of the Design Review Committee shall serve four-year terms, beginning on May 1st of the year in which they are appointed. Terms may be renewed by the Board of County Commissioners.
   4. If a member of the Design Review Committee does not complete his or her term, the Board of County Commissioners shall appoint a replacement to serve the remainder of that term.
   5. A member whose term has ended may continue to serve on the Design Review Committee until the Board of County Commissioners renews that term or appoints a new member. The new term shall be considered to have begun on the date it would have under Subsection 1307.03(E)(3).
   6. The Design Review Committee shall adopt bylaws governing its proceedings and appoint a chair and vice chair to manage those proceedings according to those bylaws, and County, state, and federal law.
   7. In the event of a conflict between the bylaws and any provision of this Ordinance, this Ordinance shall govern. In the event of a conflict between the bylaws and a non-mandatory provision of state law, the bylaws shall govern.
6. Planning Commission: The Planning Commission is designated as the land use planning advisory body to the Board of County Commissioners and acts as the decision-maker on an initial appeal of the Planning Director's interpretation of the Comprehensive Plan. The Planning Commission shall have the powers and duties described in Section 1307 and such other powers and duties as may be imposed on it by County, state, or federal law.
   1. The Planning Commission shall be composed of nine members, designated in positions labeled 1 through 9, appointed by and serving at the pleasure of the Board of County Commissioners.
   2. Members of the Planning Commission shall be residents of the various geographic areas of the County. No more than two voting members shall be engaged principally in the buying, selling, or developing of real estate for profit, as individuals, or be members of any partnership or officers or employees of any corporation that is engaged principally in the buying, selling, or developing of real estate for profit. No more than two voting members shall be engaged in the same kind of occupation, business, trade, or profession.
   3. Unless otherwise provided for, members of the Planning Commission shall serve four-year terms, beginning on May 1st of the year in which they are appointed. Terms may be renewed by the Board of County Commissioners.
   4. If a member of the Planning Commission does not complete his or her term, the Board of County Commissioners shall appoint a replacement to serve the remainder of that term.
   5. A member whose term has ended may continue to serve on the Planning Commission until the Board of County Commissioners renews that term or appoints a new member. The new term shall be considered to have begun on the date it would have under Subsection 1307.03(F)(3).
   6. The Planning Commission shall adopt bylaws governing its proceedings and appoint a chair and vice chair to manage those proceedings according to those bylaws, and County, state, and federal law.
   7. In the event of a conflict between the bylaws and any provision of this Ordinance, this Ordinance shall govern. In the event of a conflict between the bylaws and a non-mandatory provision of state law, the bylaws shall govern.
7. Board of County Commissioners: The Board of County Commissioners is the governing body of the County and is the final County decision-maker on legislative land use proposals and certain land use permit applications.

1307.04 Review Procedure Types

1. Land use permits and legislative land use proposals provided for under this Ordinance are classified as one of four types, each of which is subject to a corresponding review procedure. The four types are described as follows:
   1. Type I and Type I-H permits are ministerial in nature and involve land use actions governed by non-discretionary standards and clear and objective approval criteria. Approval of a Type I or Type I-H permit may require imposition of conditions of approval to ensure compliance with this Ordinance. The Type I and Type I-H procedures are administrative review processes, where the review authority reviews the application for conformance with the applicable standards and approval criteria and issues a decision.
   2. Type II, Type II-E, and Type II-S permits are administrative in nature and involve land use actions governed by standards and approval criteria that generally require the exercise of limited discretion. Impacts associated with the land use action may require imposition of conditions of approval to minimize those impacts and to ensure compliance with this Ordinance. The Type II,Type II-E, and Type II-S procedures are administrative review processes, where the review authority reviews the application for conformance with the applicable standards and approval criteria and issues a decision.
   3. Type III permits are quasi-judicial in nature, and involve land use actions governed by standards and approval criteria that require the use of discretion and judgment. The issues associated with the land use action may be complex and the impacts significant, and conditions of approval may be imposed to mitigate the impacts and ensure compliance with this Ordinance and the Comprehensive Plan. The Type III procedure is a quasi-judicial review process where the review authority receives testimony, reviews the application for conformance with the applicable standards and approval criteria, and issues a decision.
   4. Type IV proposals are legislative in nature, and involve the creation, broad- scale implementation, or revision of public policy. These include amendments to the text of the Comprehensive Plan or this Ordinance. Large-scale changes in the Comprehensive Plan Land Use Plan maps and zoning maps also may be characterized as legislative where a larger number of property owners are directly affected.
2. Table 1307-1, Land Use Permits by Procedure Type, lists the land use permits and legislative land use proposals that are provided for by this Ordinance and assigns a procedure type to each. In the event that the procedure type for a land use permit application is not identified in Table 1307-1, specified elsewhere in this Ordinance, or otherwise required by law, the Planning Director shall determine the applicable procedure based on the guidelines in Subsection 1307.04(A). Questions as to the appropriate procedure shall be resolved in favor of the procedure type providing the greatest notice and opportunity to participate by the public.
   1. As used in Table 1307-1:
      1. "PD" means Planning Director.
      2. HO" means Hearings Officer.
      3. "PC" means Planning Commission.
      4. "BCC" means Board of County Commissioners.
      5. Numbers in superscript correspond to the notes that follow Table 1307-1.

Table 1307-1: Land Use Permits by Procedure Type

Notes to Table 1307-1:

¹For any land use application for housing that is subject to ORS 197A.400(5), as described in Section 17, HB 4037 [2026], and that is utilizing only clear & objective standards for review (as opposed to any optional discretionary standards), the Type I-H procedure shall be used, unless the application qualifies for and the applicant requests a Type II-E procedure.

²The Type III procedure shall be modified to include Planning Commission public hearing and recommendation to the Board of County Commissioners prior to the initial Board of County Commissioners public hearing. In the case of a Comprehensive Plan amendment related to the designation of a Historic Landmark, Historic District, or Historic Corridor, both the Type III and Type IV procedures shall be modified to replace the Planning Commission public hearing and recommendation to the Board of County Commissioners with Historic Review Board review and recommendation to the Board of County Commissioners.

³The Type II procedure may be modified, pursuant to Subsection 1102.04(A) or (B), to include Design Review Committee review and recommendation to the Planning Director prior to issuance of the Planning Director’s decision.

⁴The Type II procedure shall be modified to include Historic Review Board review and recommendation to the Planning Director prior to issuance of the Planning Director’s decision.

⁵The Type II procedure shall be modified to allow the Planning Commission’s decision on initial appeal to be further appealed to the Board of County Commissioners, pursuant to Subsection 1307.15(E)(1).

⁶The Type II procedure shall be modified to allow the Hearings Officer’s decision on initial appeal to be further appealed to the Board of County Commissioners, pursuant to Subsection 1307.15(E)(2).

⁷Within an urban growth boundary, a partition or subdivision that is developed as a planned unit development; a variance; or a zone change may be reviewed as an urban housing application through a Type II-S procedure, if the requirements under ORS 197A.146(1) through (3) are met.

⁸In the case of a zone change related to the Historic Landmark, Historic District, and Historic Corridor overlay zoning district, the Type III procedure shall be modified to designate the Board of County Commissioners as the initial decision review authority and to include Historic Review Board review and recommendation to the Board of County Commissioners prior to the initial Board of County Commissioners public hearing, and the Type IV procedure shall be modified to replace the Planning Commission public hearing and recommendation to the Board of County Commissioners with Historic Review Board review and recommendation to the Board of County Commissioners.

3. Notwithstanding any other provision in Section 1307, except for an application for an interpretation of the Comprehensive Plan, an applicant may choose to process a Type II land use permit application using the Type III procedure, and the Hearings Officer shall be the review authority for the initial decision. The decision of the Hearings Officer shall be the final decision of the County, except for an application for an interpretation of this Ordinance, in which case appeal to the Board of County Commissioners is allowed pursuant to Subsection 1307.15(E)(2).

1307.05 Pre-Application Conference

1. Purpose: Pre-application conferences are intended to familiarize applicants with the requirements of this Ordinance; to provide applicants with an opportunity to meet with County staff to discuss proposed projects in detail; and to identify standards, approval criteria, and procedures prior to filing a land use permit application. The pre-application conference is intended to be a tool to orient applicants and assist them in navigating the land use review process, but is not intended to be an exhaustive review that identifies or resolves all potential issues, and does not bind or preclude the County from enforcing all applicable regulations or from applying regulations in a manner differently than may have been indicated at the time of the pre-application conference.
2. Applicability: Table 1307-1, Land Use Permits by Procedure Type, identifies the land use permit applications for which pre-application conferences are mandatory. Pre-application conferences are voluntary for all other land use permit applications.
3. Submittal Requirements: Pre-application conference requests shall include:
   1. A completed application form, such form to be prescribed by the Planning Director, and containing, at a minimum, the following information:
      1. The names, mailing addresses, and telephone numbers of the applicant(s);
      2. The address of the subject property, if any, and its assessor's map and tax lot number;
      3. The size of the subject property;
      4. The Comprehensive Plan designation and zoning district of the subject property;
      5. The type of application for which the pre-application conference is requested;
      6. A brief description of the proposal for which the pre-application conference is requested; and
      7. Signature(s) of the applicant(s), authorizing the filing of the pre- application request.
   2. Additional information necessary to demonstrate the nature and scope of the proposal in sufficient detail to allow County staff to review and comment; and
   3. Payment of the applicable fee, pursuant to Subsection 1307.17
4. Scheduling: Upon receipt of a complete application, the Planning Director will schedule the pre-application conference. The Planning Director will coordinate the involvement of other County departments, as appropriate, in the pre- application conference. Pre-application conferences are not open to the general public.
5. Summary: Subsequent to the pre-application conference, the Planning Director will provide the applicant with a written summary of the conference. The purpose of the written summary is to provide a preliminary assessment of the proposal, but shall not be deemed to be a recommendation by the County or any other outside agency or service provider on the merits of the proposal.
6. Validity Period for Mandatory Pre-Application Conferences; Follow-Up Conferences: A follow-up pre-application conference is required for those mandatory pre-application conferences that have already been held when:
   1. A complete application relating to the proposed development has not been submitted within two years of the pre-application conference; or
   2. The proposed use, layout, or design of the proposed development has changed significantly.

1307.06 Review of Multiple Applications

When multiple land use permits for the same property are required or proposed by an applicant, all of the applications may be filed concurrently. Each application shall be processed separately using the procedure identified in Table 1307-1, Land Use Permits by Procedure Type, for that application, except that applications filed concurrently shall be processed through a consolidated procedure if:

1. One of the applications is a Type III application for a Comprehensive Plan map amendment, in which case the Type III Comprehensive Plan map amendment procedure shall be used;
2. Multiple land use permit applications are subject to the same procedure type with the same initial decision and appeal review authorities. Applications for an interpretation of this Ordinance are excluded from this consolidation provision; or
3. The applicant elects to process multiple applications through a consolidated procedure, if such consolidation is consistent with Subsection 1307.04(C).

1307.07 Application Submittal and Completeness Review

1. Initiation of Applications: Type I, I-H, II, II-E, II-S, and III land use permit applications may be initiated by:
   1. An owner of each tax lot that comprises the subject property;
   2. The contract purchaser of the subject property, if the application is accompanied by proof of the purchaser's status as such;
   3. The agent of the owner or contract purchaser of the subject property, if the application is duly authorized in writing by the owner or the contract purchaser, and accompanied by proof of the agent's authority; or
   4. If the application is for Comprehensive Plan designation or zoning of a Historic District or Historic Corridor, the owners or contract purchasers of at least 60 percent of the property within the area to be so designated or zoned.
2. Initiation of Legislative Proposals: Type IV legislative land use proposals may be initiated by the Board of County Commissioners, the Planning Commission, or the Planning Director. However, initiation of a legislative proposal does not obligate the County to further processing of the proposal pursuant to Subsection 1307.13, or prevent the County from discontinuing the processing of the proposal at any point prior to decision.
3. Application Submittal: Type I, I-H, II, II-E, II-S, and III land use permit applications are subject to the following submittal requirements:
   1. The following shall be submitted for an application to be complete:
      1. A completed application form, such form to be prescribed by the Planning Director, and containing, at a minimum, the following information:
         1. The names, mailing addresses, and telephone numbers of the applicant(s), the owner(s) of the subject property, and any authorized representative(s) thereof;
         2. The address of the subject property, if any, and its assessor's map and tax lot number;
         3. The size of the subject property;
         4. The Comprehensive Plan designation and zoning district of the subject property;
         5. The type of application being submitted;
         6. A brief description of the proposal; and
         7. Signature(s) of the applicant(s) and an owner of each tax lot that comprises the subject property, or the duly authorized representative(s) thereof, authorizing the filing of the application.
      2. A completed supplemental application form, such form to be prescribed by the Planning Director, or a written statement addressing each applicable approval criterion and standard and each item on the supplemental application form;
      3. An accurate site plan drawn to scale on eight-and-one-half-inch by 11-inch or eight-and-one-half-inch by 14-inch paper, showing the subject property and proposal;
      4. Any additional information required under this Ordinance for the specific land use permit sought; and
      5. Payment of the applicable fee, pursuant to Subsection 1307.16.
   2. The Planning Director, at their sole discretion, may waive a submittal requirement of Subsection 1307.07(C)(1)(b) or (c), if the Planning Director determines that the requirement is not material to the review of the application.
   3. Each application, when received by the Planning Director, shall be date- stamped with the date the application was received.
4. Completeness of a Type I or I-H Application:  If a Type I or I-H application is not complete when submitted, and the applicant does not make it complete within 180 days of submittal, the application is void.
5. Completeness Review for Type II, II-E, II-S, and III Applications: Except as amended by Subsection 1307.11, after it is submitted, a Type II, II-E, II-S, or III land use permit application shall be reviewed for completeness, as follows:
   1. Except as otherwise provided under ORS 215.427, the Planning Director shall review a Type II, II-E, II-S, or III application for completeness within 30 days of its receipt.
   2. Determination of completeness shall be based upon the submittal requirements of Subsection 1307.07(C)(1) and shall not be based on opinions as to quality or accuracy. A determination that an application is complete indicates only that the application is ready for review on its merits, not that the County will make a favorable decision on the application.
   3. If an application is determined to be complete, review of the application shall commence.
   4. If an application is determined to be incomplete, written notice shall be provided to the applicant identifying the specific information that is missing and allowing the applicant the opportunity to submit the missing information. This written notice shall be provided within 30 days of receipt of a Type II, II-E, II-S, or III application. The application is deemed complete upon receipt by the Planning Director of:
      1. All of the missing information;
      2. Some of the missing information and written notice from the applicant that no other information will be provided; or
      3. Written notice from the applicant that none of the missing information will be provided.
   5. If the application was complete when first submitted, or the applicant submits additional information, as described in Subsection 1307.07(E)(5), within 180 days of the date the application was first submitted, approval or denial of the application shall be based upon:
      1. The standards and criteria that were applicable at the time the application was first submitted; or
      2. For an application for housing development within an urban growth boundary, upon the request of the applicant, those standards and criteria that are operative at the time of the request. If an applicant requests review under different standards as provided by Subsection 1307.07(E)(6)(b):
         1. Any applicable timelines for completeness review and final decision restart as if a new application were submitted on the date of the request.
         2. The application is not deemed complete until either the County determines that additional information is not required for review under different standards, or the county requests additional information, pursuant to Subsection 1307.07(E)(4), and the applicant makes a submission in response.
         3. A request under Subsection 1307.07(E)(6)(b) may be denied if the County has issued public notice of the application; or if a request under this subsection was previously made.
         4. The County may not require that the applicant:
            1. Pay a fee, except to cover additional costs incurred by the County to accommodate the request;
            2. Submit a new application or duplicative information, unless information resubmittal is required because the request affects or changes information in other locations in the application or additional narrative is required to understand the request in context; or
            3. Repeat redundant processes or hearings that are inapplicable to the change in standards or criteria.
   6. On the 181st day after first being submitted, a Type II, II-E, II-S, or III application is void, if the applicant has been notified of the missing information as required under Subsection 1307.07(E)(5) and has not submitted the missing information or otherwise responded, as provided in Subsection 1307.07(E)(5).

1307.08 Type I and Type I-H Ministerial Procedures

1. Type I land use permit applications are subject to the following procedures:
   1. Notice of Application: Notice of application is not provided.
   2. Decision: The review authority shall approve, approve with conditions, or deny the application based on the applicable standards and criteria. The review authority shall issue a written decision.
   3. Notice of Decision: A copy of the decision shall be mailed to the applicant(s), the owner(s) of the subject property, and any authorized representative(s) thereof.
   4. Appeal: The review authority’s decision is the final decision of the County.
2. Type I-H land use permit applications are subject to the following procedures:
   1. Notice of Application: Notice of application shall be provided as follows:a. Written notice of the application shall be mailed to:
      1. The applicant(s), the owner(s) of the subject property, and any authorized representative(s) thereof; and
      2. iAll property owners of record, pursuant to Subsection 1307.18(C), within the noticing distance listed below, as measured from the subject property and contiguous properties under the same ownership:
         1. 100 feet for proposed developments with fewer than 20 dwelling units; or
         2. 500 feet for proposed developments with 20 or more dwelling units.
   2. Decision: The review authority shall approve, approve with conditions, or deny the application based on the applicable standards and criteria. The review authority shall issue a written decision
   3. Notice of Decision: A copy of the decision shall be mailed to the applicant(s), the owner(s) of the subject property, and any authorized representative(s) thereof and to those identified in Subsection 1307.08(B)(1).
   4. Appeal: The review authority’s decision is the final decision of the County and the applicant is the only party that may appeal the decision to the Land Use Board of Appeals.

1307.09 Type II Administrative Procedures

Type II land use permit applications are subject to the following procedures:

1. Notice of Application: Notice of application shall be provided as follows:
   1. A minimum of 20 days prior to the issuance of a decision, written notice of application shall be mailed to:
      1. The applicant(s), the owner(s) of the subject property, and any authorized representative(s) thereof;
      2. All property owners of record, pursuant to Subsection 1307.18(C), within the noticing distance listed in Table 1307-2, Noticing Distances for Type II Land Use Permit Applications, as measured from the subject property and contiguous properties under the same ownership:

Table 1307-2: Noticing Distances for Type II Land Use Permit Applications

Note to Table 1307-2:

¹If the application is for a nonconforming use verification, nonconforming use alteration, or vested right determination, the noticing distance shall be 2,640 feet (½ mile).

3. Any active community planning organization, hamlet, or village that is recognized by the County, if the subject property lies wholly or partially inside the boundaries of such organization, hamlet, or village;
4. Cities, as prescribed in applicable urban growth management agreements;
5. Those special districts and government agencies deemed by the Planning Director to have an interest in the application;
6. The Oregon Department of Agriculture, if the subject property is in the EFU or AG/F District and the application is for the propagation, cultivation, maintenance, and harvesting of aquatic species that are not under the jurisdiction of the Oregon Fish and Wildlife Commission;
7. Metro and any watershed council recognized by the Oregon Watershed Enhancement Board and whose boundaries include the subject property, if the application is for Habitat Conservation Area map verification; and
8. The airport owner and the Oregon Department of Aviation, if required by Oregon Revised Statutes (ORS) 197.183, 215.223, or 215.416.
9. The Oregon Department of Agriculture if the application is for the propagation, cultivation, maintenance, and harvesting of insect species in the AG/F or EFU District

2. At a minimum, notice of application shall include:

1. An explanation of the nature of the application and the proposed use or uses that could be authorized;
2. A list of the applicable criteria from this Ordinance and the Comprehensive Plan that apply to the application;
3. The street address or other easily understood geographical reference to the subject property;
4. The name and telephone number of the County staff member to contact where additional information may be obtained;
5. A statement that a copy of the application, all documents and evidence submitted by or on behalf of the applicant and applicable criteria are available for inspection at no cost and will be provided at a cost established by the Board of County Commissioners;
6. A general explanation of when, where, how, and to whom written comments on the application may be submitted; and
7. A statement that subsequent to the closing of the public comment period, a notice of decision will be issued and mailed to everyone entitled to the initial notice of the application, except for an application reviewed under Subsection 1307.11(D), which shall include a statement that subsequent to the closing of the public comment period, a notice of decision will be issued and mailed to everyone who provided comments during the 14-day comment period.
8. For an application reviewed under Subsection 1307.11(D), a statement that issues which may be the basis for appeal to the Land Use Board of Appeals must be raised in writing prior to the expiration of the comment period and such issues must be raised with sufficient specificity to enable the decision maker to respond to the issue.

3. A minimum of 20 days prior to the issuance of a decision, a copy of the submitted application shall be mailed to those identified in Subsections

2. Decision: The review authority shall consider the record of the application and approve, approve with conditions, or deny the application based on the applicable standards and criteria. The review authority shall issue a written decision that explains the standards and criteria considered relevant to the decision; states the facts relied upon in rendering the decision; explains the justification for the decision based on the standards, criteria, and facts set forth; and lists the conditions of approval, if any. The decision also shall include:
   1. A description of the nature of the decision and an explanation of the nature of the application and the use or uses that were proposed and, if applicable, are authorized by the decision;
   2. The street address or other easily understood geographical reference to the subject property;
   3. The name and telephone number of the County staff member to contact where additional information may be obtained;
   4. A statement that a copy of the application, all documents and evidence submitted by or on behalf of the applicant, and applicable criteria are available for inspection at no cost and will be provided at a cost established by the Board of County Commissioners;
   5. The date the review authority's decision becomes effective, unless appealed;
   6. A statement that the decision will not become final until the period for filing an appeal with the County has expired without the filing of an appeal;
   7. A statement that any person who is adversely affected or aggrieved or who is entitled to written notice under Subsection 1307.09(C) may appeal the decision by filing a written appeal, and including the date and time by which an appeal must be filed, the location for filing, a brief statement explaining how to file an appeal, the appeal fee, and where further information may be obtained concerning the appeal process; and
   8. A statement that a person who is mailed written notice of the decision cannot appeal the decision directly to the Land Use Board of Appeals under ORS 197.830.
3. Notice of Decision:
   1. A copy of the decision shall be mailed to those identified in Subsections 1307.09(A)(1)(a) and (c) through (h).
   2. A notice of decision shall be mailed to those identified in Subsections 1307.09(A)(1)(b). The notice shall include the information in Subsections 1307.09(B)(1) through (8) and directions on how to obtain a copy of the decision.
4. Appeal: The review authority's decision is the final decision of the County, unless an appeal is filed pursuant to Subsection 1307.14.

1307.10 Type II–E Administrative Procedures

Type II-E land use permit applications are subject to the following procedures:

1. Notice of Application: Notice of application is not provided.
2. Decision: Within 63 days of receiving a completed application, the review authority shall consider the record of the application and approve, approve with conditions, or deny the application based on the applicable standards and criteria. The review authority shall issue a written decision that explains the standards and criteria considered relevant to the decision, states the facts relied upon in rendering the decision, and explains the justification for the decision based on the standards, criteria, and facts set forth. The decision also shall include:
   1. An explanation of the nature of the application and the use or uses that were proposed and, if applicable, are authorized by the decision;
   2. The conditions of approval, if any;
   3. The street address or other easily understood geographical reference to the subject property;
   4. The name and telephone number of the County staff member to contact where additional information may be obtained;
   5. A statement that a copy of the application, all documents and evidence submitted by or on behalf of the applicant, and applicable criteria are available for inspection at no cost and will be provided at a cost established by the Board of County Commissioners;
   6. The date the review authority’s decision becomes effective, unless appealed;
   7. An explanation of appeal rights under ORS 197.830 to 197.855.
3. Notice of Decision: A copy of the decision shall be mailed to the applicant. It may not be required that notice is given to any other person.
4. Appeal: No third party may be allowed to intervene to oppose the application, and no hearing may be held on the application.

1307.11 Type II-S Administrative Procedures

Type II-S land use permit applications are subject to the Type II procedures in Subsections 1307.07 and 1307.09, except as follows:

1. Emergency Shelter Siting, subject to Section 848:
   1. Notice of Application: Notice of application is not provided.
   2. Decision: The decision is not subject to Subsections 1307.09(B)(4), (6), (7), and (8).
   3. Notice of Decision: A copy of the decision shall be mailed to:
      1. The applicant(s), the owner(s) of the subject property, and any authorized representative(s) thereof; and
      2. All property owners of record, pursuant to Subsection 1307.18(C), within 300 feet, as measured from the subject property and contiguous properties under the same ownership.
   4. Timelines: The application is not subject to the review procedures in Subsection 1307.07(E).
   5. Appeal: The decision may only be appealed by writ of review under ORS 34.010 to 34.100.
2. Residential Treatment Facilities and Residential Treatment Homes, subject to Section 849:1. Appeal: The decision is not a land use decision as defined in ORS 197.015 and is not subject to the jurisdiction of the Land Use Board of Appeals. The decision may only be appealed by writ of review under ORS 34.010 to 34.100.
3. Mental or Psychiatric Hospitals and Crisis Stabilization Centers, subject to Section 849:
   1. Decision: Within 30 days of receiving a completed application, the review authority shall consider the record of the application and approve, approve with conditions, or deny the application based on the applicable standards and criteria.
   2. Appeal: The decision is not a land use decision as defined in ORS 197.015 and is not subject to the jurisdiction of the Land Use Board of Appeals. The decision may only be appealed by writ of review under ORS 34.010 to 34.100.
4. Urban Housing Applications, pursuant to ORS 197A.146:
   1. Notice of Application: A minimum of 14 days prior to the issuance of a decision, written notice of application shall be mailed to those identified in Subsections 1307.09(A)(1)(a) through (h).
   2. Notice of Decision: Notice of decision shall be provided to the applicant and any person who submits comments during the 14-day comment period.
   3. Notice Affidavit: The county shall provide an affidavit or other certification describing the notice given under this subsection.
   4. Appeal: The review authority’s decision is the final decision of the County, unless an appeal is filed pursuant to Subsection 1307.15.

1307.12 Type III Quasi-Judicial Procedures

Type III land use permit applications are subject to the following procedures:

1. Notice of Application and Public Hearing: Notice of application and public hearing shall be provided as follows:
   1. Notice shall be provided to the Oregon Department of Land Conservation and Development (DLCD), if required pursuant to Oregon Revised Statutes (ORS) 197.610. Procedures for the giving of the required notice shall be those established by ORS 197.610 and Oregon Administrative Rules Chapter 660, Division 18.
   2. A minimum of 35 days prior to the first evidentiary hearing on the application, a copy of the submitted application shall be mailed to:
      1. Any active community planning organization, hamlet, or village that is recognized by the County, if the subject property lies wholly or partially inside the boundaries of such organization, hamlet, or village;
      2. Cities, as prescribed in applicable urban growth management agreements;
      3. Those special districts and government agencies deemed by the Planning Director to have an interest in the application;
      4. The Oregon Department of Agriculture, if the subject property is in the AG/F or EFU District and the application is for the propagation, cultivation, maintenance, and harvesting of aquatic species that are not under the jurisdiction of the Oregon Fish and Wildlife Commission;
      5. Metro and any watershed council recognized by the Oregon Watershed Enhancement Board and whose boundaries include the subject property, if the application is for Habitat Conservation Area map verification;
      6. The airport owner and the Oregon Department of Aviation, if required by ORS 197.183, 215.223, or 215.416; and
      7. The State Department of Fish and Wildlife, the State Department of Energy, the State Historic Preservation Officer, the Oregon Department of Aviation, the United States Department of Defense, and federally recognized Indian tribes that may be affected by the application, if the application is for a renewable energy facility pursuant to ORS 215.446.
   3. A minimum of 20 days prior to the first evidentiary hearing of each review authority on the application, written notice of the application and hearing shall be mailed to:
      1. The applicant(s), the owner(s) of the subject property, and any authorized representative(s) thereof;
      2. All property owners of record, pursuant to Subsection 1307.18(C), within the noticing distance listed in Table 1307-3, Noticing Distances for Type III Land Use Permit Applications, as measured from the subject property and contiguous properties under the same ownership:

Table 1307-3: Noticing Distances for Type III Land Use Permit Applications

1307.13 Type IV Legislative Procedures

Type IV legislative land use proposals are subject to the following procedures:

1. Notice of Proposal and Public Hearing: Notice of proposal and hearing shall be provided as follows:
   1. Notice shall be provided to the Oregon Department of Land Conservation and Development, if required pursuant to Oregon Revised Statutes (ORS) 197.610. Procedures for the giving of the required notice shall be those established by ORS 197.610 and Oregon Administrative Rules chapter 660, division 18.
   2. Notice shall be provided to the Metropolitan Service District, if required pursuant to Section 3.07.820 of the Code of the Metropolitan Service District. Procedures for the giving of the required notice shall be those established by Section 3.07.820 of the Code of the Metropolitan Service District.  
   3. For proposed amendments to the text of the Comprehensive Plan or this Ordinance, a minimum of 35 days prior to the first public hearing, a copy of the text, showing proposed additions and deletions, shall be made available to the public for review. All active community planning organizations, hamlets, and villages that are recognized by the County shall be notified when it becomes available.
   4. A minimum of 20 days prior to the first public hearing of each review authority on the proposal, written notice of the proposal and hearing shall be mailed to:
      1. For proposed amendments to the text of the Comprehensive Plan or this Ordinance, all active community planning organizations, hamlets, and villages that are recognized by the County;
      2. For proposed Comprehensive Plan Land Use Plan map amendments and zone changes, any active community planning organization, hamlet, or village that is recognized by the County, if the subject property lies wholly or partially inside the boundaries of such organization, hamlet, or village;
      3. Cities, as prescribed in applicable urban growth management agreements; and
      4. Those special districts and government agencies deemed by the Planning Director to have an interest in the proposal.
   5. At a minimum, notice of proposal and hearing shall include:
      1. An explanation of the nature of the proposal;
      2. Date, time, and location of the hearing;
      3. The name and telephone number of the County staff member to contact where additional information may be obtained; and
      4. For Comprehensive Plan Land Use Plan map amendments and zone changes, a copy of the proposed map change(s).
   6. Notice of the date, time, location, and purpose of the Planning Commission's hearing and the Board of County Commissioner's hearing shall be given a minimum of 10 days prior to the date of each review authority's first public hearing, by publication in a newspaper of general circulation in the County. However, if the legislative land use proposal applies to only a part of the County, the notice may instead be published in a newspaper of general circulation in that part of the County.  
2. Proposal Review and Staff Report: The Planning Director shall consider the proposal, written comments, and evidence submitted prior to each public hearing and prepare staff reports summarizing the proposal, comments received to-date, and the relevant issues associated with the proposal. Each staff report shall make a recommendation to the review authority.
3. Planning Commission Public Hearing: A public hearing shall be held before the Planning Commission, for the purpose of receiving testimony regarding the proposal.
4. Planning Commission Recommendation: The Planning Commission shall consider the record and may make a recommendation to the Board of County Commissioners to adopt, adopt with modifications, or decline to adopt the proposal. If no recommendation is made by the Planning Commission and no extension is granted by the Board of County Commissioners, the Board of County Commissioners may act upon the proposal notwithstanding the lack of a recommendation.
5. Board of County Commissioners Public Hearing: A public hearing shall be held before the Board of County Commissioners, for the purpose of receiving testimony regarding the proposal.
6. Decision: The Board of County Commissioners shall consider the record and may adopt, adopt with modifications, or decline to adopt the proposal; remand the matter back to the Planning Commission for further consideration; or table the matter. The decision of the Board of County Commissioners to adopt or adopt with modifications shall be by ordinance.
7. Notice of Decision: Notice of decision shall be provided as follows:
   1. A maximum of 20 days after the decision is made it shall be submitted to the Oregon Department of Land Conservation and Development (DLCD). Procedures for the giving of the required notice shall be those established by ORS 197.615 and Oregon Administrative Rules Chapter 660, Division 18.
   2. On the same day the decision is submitted to DLCD, the County shall mail, or otherwise deliver, notice to persons who both participated in the County proceedings that led to the decision to adopt the change to the Comprehensive Plan or this Ordinance and requested in writing that the County give notice of the change. The notice shall:
      1. State how and where the materials described in ORS 197.615(2) may be obtained;
      2. Include a statement by the individual delivering the notice that identifies the date on which the notice was delivered and the individual delivering the notice;
      3. List the locations and times at which the public may review the decision and findings; and
      4. Explain the requirements for appealing the land use decision under ORS 197.830 to 197.845.
8. Appeal: The Board of County Commissioners' decision is the final decision of the County. Appeal of the County's final decision is to the Oregon Land Use Board of Appeals or the Oregon Land Conservation and Development Commission, as determined by state law.

1307.14 PUBLIC HEARINGS

Subsection 1307.14 applies to public hearings held pursuant to Section 1307, except that only Subsections 1307.14(A), (B), (E) through (H), and (J) apply to public hearings in a Type IV proceeding.  

1. Procedure, Generally: Public hearings shall be conducted in accordance with Oregon Revised Statutes (ORS) 197.797, Subsection 1307.13, and any bylaws or rules of procedure adopted by the review authority. Subsection 1307.14 authorizes the Hearings Officer, Planning Commission, and Board of County Commissioners to adopt rules of procedure for the conduct of hearings.
2. Parties: Any interested party shall be entitled to participate in a public hearing.
3. Order of Proceeding: The order of proceeding for a hearing will depend in part on the nature of the hearing. The following shall be supplemented by the adopted bylaws or rules of procedure of the review authority, as appropriate.
   1. Jurisdictional Objections: Before receiving the staff report or testimony on the application, any objections on jurisdictional grounds shall be noted in the record and if there is objection, the review authority has the discretion to proceed or terminate the hearing.
   2. Disclosure Statement: The review authority (or individual member thereof), or its designee, shall read the land use disclosure statement, which shall include:
      1. A list of the applicable substantive criteria, or a reference to the staff report, where a list of the criteria can be found;
      2. A statement that testimony, argument, and evidence must be directed toward the criteria described in Subsection 1307.14(C)(2)(a) or other criteria in the Comprehensive Plan or land use regulation which the person believes to apply to the decision;
      3. A statement that failure to raise an issue accompanied by statements or evidence sufficient to afford the decision-maker and the parties an opportunity to respond to the issue precludes appeal to the Oregon Land Use Board of Appeals (LUBA) based on that issue; and
      4. If applicable, a statement that a failure to raise constitutional issues relating to proposed conditions of approval precludes an action for damages in circuit court.
   3. Call for Ex Parte Contacts: If the review authority is the Planning Commission or the Board of County Commissioners, the presiding officer, or designee, shall inquire whether any member has had ex parte contacts. Any member announcing an ex parte contact shall state for the record the nature and content of the contact. If the review authority is the Hearings Officer, they shall declare any ex parte contacts and state for the record the nature and content of the contact.
   4. Call for Abstentions: If the review authority is the Planning Commission or the Board of County Commissioners, the presiding officer, or designee, shall inquire whether any member must abstain from participation in the hearing due to conflicts of interest. Any member announcing a conflict of interest shall state the nature of the conflict, and shall not participate in the proceeding, unless the vote is necessary to meet a requirement of a minimum number of votes necessary to take official action; provided, however, that the member shall not participate in any discussion or debate on the issue out of which the conflict arises. If the review authority is the Hearings Officer, they shall declare any potential conflicts of interest. The Hearings Officer shall state the nature of the conflict, and if the nature of the conflict is such that the Hearings Officer cannot fulfill his or her duty to be a fair and impartial decision-maker, the Hearings Officer shall recuse himself or herself from hearing the matter.
   5. Staff Report: The Planning Director shall present a report and recommendation concerning the proposal.
   6. Presentation of the Application:
      1. Applicant's case;
      2. Community planning organizations, hamlets, and villages. Appearance by a representative from any active community planning organization, hamlet, or village that is recognized by the County, if the subject property lies wholly or partially inside the boundaries of such organization, hamlet, or village, to present the organization's position on the proposal;
      3. Public testimony; and
      4. Rebuttal. Rebuttal may be presented by the applicant. The scope of rebuttal is limited to matters that were introduced during the hearing.
   7. Close of Hearing: No additional testimony, evidence, or argument shall be accepted after the close of the hearing unless the record is held open by the review authority.
   8. Reopened Hearing: The hearing may be reopened by the review authority, prior to decision, to receive additional testimony, evidence, or argument. Notice shall be provided to the same persons who received notice of the original hearing and to anyone who provided evidence, argument, or testimony as part of the record.
   9. Deliberations: If the review authority is the Planning Commission or Board of County Commissioners, deliberations shall immediately follow the hearing, except that deliberations may be delayed to a subsequent date and time certain. If the review authority is the Hearings Officer, deliberations will not occur, and the Hearings Officer will instead take the matter under advisement.
   10. Remand: The Board of County Commissioners may remand any matter previously considered by the Planning Commission back to the Planning Commission for further review.
   11. Recommendation or Decision: When the review authority is the Planning Commission or Board of County Commissioners, the recommendation or decision, as applicable, will be voted on and announced during a public meeting.
4. Ex Parte Contact:
   1. The review authority shall not do any of the following:
      1. Communicate, directly or indirectly, with any party or their representatives in connection with any issue involved, except upon notice and opportunity for all parties to participate;
      2. Take notice of any communications, reports, staff memoranda, or other materials prepared in connection with a particular application, unless the parties are afforded an opportunity to contest the material so noted; or
      3. Inspect the site with any party or his representatives unless all parties are given an opportunity to be present. Individuals representing the review authority may inspect the site alone but must put the circumstances of the inspection on record.
   2. A party may challenge the review authority, or individual member thereof, on the grounds of Subsection 1307.14(D)(1), or that such individual has a legal conflict of interest as defined by ORS 244.020(1) or ORS 244.120. A challenge and the decision thereon by the review authority shall be entered in the record of the application.
   3. While every effort must be made to avoid ex parte contact, no decision of the review authority shall be invalid due to ex parte contact or bias resulting from ex parte contact, as described under Subsection 1307.14(D)(1), if the review authority (or individual member thereof) receiving the contact:
      1. Places on the record the substance of any written or oral ex parte communication concerning the decision or action; and
      2. Has a public announcement made of the content of the communication, and of the parties' right to rebut the substance of the communication, at the first hearing following the communication where action will be considered or taken on the subject to which the communication related.
   4. A communication between County staff and the Historic Review Board, Design Review Committee, Planning Commission, or Board of County Commissioners shall not be considered an ex parte contact for purposes of Subsection 1307.14(D)(1).
5. Evidence and Exhibits:
   1. All evidence may be received unless excluded by the review authority on its own motion. Evidence received at any hearing shall be of the quality that reasonable persons rely upon in the conduct of their everyday affairs. Relevant evidence is any evidence having a tendency to make the existence or non-existence of a fact that is of consequence to the approval of the land use permit or legislative land use proposal more or less probable than it would without the evidence. Evidence may be received subject to a later ruling regarding its admissibility.
   2. The review authority may exclude cumulative, repetitious, or immaterial evidence, but erroneous admission of evidence by the review authority shall not preclude action by the review authority or cause reversal on appeal unless shown to have substantially prejudiced the rights of a party.
   3. All evidence shall be offered and made a part of the record in the application or legislative proceeding; and, except for matters stipulated to and except as provided in Subsection 1307.14(E)(4), no other factual information or evidence shall be considered in the recommendation or decision.
   4. The review authority may take notice of judicially cognizable facts, and may take notice of general, technical, or scientific facts within specialized knowledge. Except in a Type IV proceeding, interested parties shall be notified at any time during the proceeding, but in any event prior to the final decision, of the material so noticed, and they shall be afforded an opportunity to contest the facts so noticed. The review authority may utilize experience, technical competence, and specialized knowledge in evaluation of the evidence presented.
   5. All exhibits received shall be marked so as to provide identification upon review. Such exhibits may be returned when the period for review has expired, but shall otherwise be preserved by the Planning Director.
6. Time Limits: The review authority may set consistent, reasonable time limits for oral presentations to the end that parties are encouraged to submit as much evidence as possible in writing prior to the hearing. No person may speak more than once without obtaining permission from the review authority.
7. Questioning: The review authority (or individual member thereof) or County staff may question any person who testifies. The applicant and other parties to the proceeding shall not have the right to question or cross-examine any person who testifies.
8. Scope of Testimony: Except in a Type IV proceeding, testimony shall be directed towards the applicable standards and criteria that apply to the proposal. The review authority may exclude or limit cumulative, repetitious, or immaterial testimony. To expedite hearings, the review authority may call for those in favor and those in opposition to rise, and the review authority shall note the numbers of such persons for the record.
9. Continuances and Open Record Periods:
   1. All documents or evidence relied upon by the applicant shall be submitted to the County and be made available to the public. Any staff report used at the hearing shall be available at least seven days prior to the hearing. If additional documents or evidence are provided by any party, the review authority may allow a continuance or leave the record open to allow the parties a reasonable opportunity to respond. Any continuance or extension of the record requested by the applicant shall result in a corresponding extension of the time limitations of ORS 215.427 and ORS 215.429.
   2. Prior to the conclusion of the initial evidentiary hearing, any participant may request an opportunity to present additional evidence, argument, or testimony regarding the application. The review authority shall either continue the public hearing, pursuant to Subsection 1307.14(I)(2)(a), or leave the record open for additional written evidence, argument, or testimony, pursuant to Subsection 1307.14(I)(2)(b).
      1. If the review authority grants a continuance, the hearing shall be continued to a date, time, and place certain at least seven days from the date of the initial evidentiary hearing. An opportunity shall be provided at the continued hearing for persons to present and rebut new evidence, argument, or testimony. If new written evidence is submitted at the continued hearing, any person may request, prior to the conclusion of the continued hearing, that the record be left open for at least seven days to submit additional written evidence, argument, or testimony for the purpose of responding to the new written evidence. Only one continuance is available of right under Subsection 1307.14(I)(2)(a); provided, however, nothing in Subsection 1307.14(I)(2)(a) shall restrict the review authority, in its discretion, from granting additional continuances.
      2. If the review authority leaves the record open for additional written evidence, argument, or testimony, the record shall be left open for at least seven days. The review authority may leave the record open for an additional period of at least seven days for any participant to respond to new evidence submitted during the prior open-record period. However, if the review authority has not provided for this additional open-record period, any participant may file a written request with the Planning Director for an opportunity to respond to new evidence submitted during the period the record was left open. Any such request shall be filed no later than the end of the last business day the record is left open. If such a request is filed, the review authority may reopen the record pursuant to Subsection 1307.14(I)(4).
      3. A continuance or extension granted pursuant to Subsection 1307.14(I)(2) shall be subject to the limitations of ORS 215.427 and ORS 215.429, unless the continuance or extension is requested or agreed to by the applicant.
   3. Additional notice of a continued hearing is not required, unless the hearing is continued without announcing a date, time, and place certain, in which case notice of the continued hearing shall be given as though it were the initial hearing.
   4. If the record is reopened to admit new evidence, argument, or testimony, any person may raise new issues which relate to the new evidence, argument, testimony, or criteria for decision-making which apply to the matter at issue. Notice of the reopened record shall be provided to any person who presented evidence, argument, or testimony as part of the record prior to the date the record was reopened.
   5. Unless waived by the applicant, the review authority shall allow the applicant at least seven days after the record is closed to all other parties to submit final written argument in support of the application. The applicant's final submittal shall be considered part of the record, but shall not include any new evidence. This seven-day period shall not be subject to the limitations of ORS 215.427 and ORS 215.429.
10. Record of Hearing:
    1. A verbatim record of the proceeding shall be made by written, mechanical, or electronic means, which record need not be transcribed except upon review on the record.
    2. The record of proceedings is comprised of:
       1. The Comprehensive Plan and this Ordinance, all of which shall be automatically incorporated into the record;
       2. The application or legislative proposal that initiated the proceeding;
       3. All testimony, argument, evidence, and exhibits submitted prior to the close of the record of the proceeding;
       4. Any staff reports submitted prior to the close of the record of the proceeding;
       5. Any electronic presentation used by either staff, applicant, or other participant in the proceeding;
       6. The verbatim record, as provided in Subsection 1307.14(J)(1);
       7. Minutes, if any, of the hearing;
       8. A verbatim record, as provided in Subsection 1307.14(J)(1), of any public meeting after the close of the hearing at which the proceeding is discussed by or acted upon by the review authority;
       9. Minutes, if any, of any public meeting after the close of the hearing at which the proceeding is discussed by or acted upon by the review authority; and
       10. The written decision.

1307.15 Appeals

Subsection 1307.15 applies to all appeals processed by the County of decisions issued under Section 1307, except for appeals of Type II-E decisions, which shall be processed pursuant to ORS 197.375. Table 1307-1, Land Use Permits by Procedure Type, identifies those land use permit decisions that may be appealed at the County level and the applicable review authority for those appeals.

1. Filing an Appeal: An appeal shall be in writing and must be received by the Planning Director within 12 days of the date of mailing of the notice of decision, or if the 12th day falls on a day on which the County is not open for business, by the next day on which the County is open for business.
2. Notice of Appeal: Notice of appeal shall be made on a form prescribed by the Planning Director and shall be accompanied by the appeal fee. The notice of appeal shall contain:
   1. Identification of the decision sought to be appealed, including its assigned file number, the name of the applicant, and the decision date;
   2. The name, mailing address, and telephone number of the appellant;
   3. The nature of the decision being appealed and the grounds for appeal; and
   4. Signature(s) of the appellant(s), or the duly authorized representative(s) thereof, authorizing the filing of the appeal.
3. Proper Filing of Notice of Appeal: The failure to file a timely and complete notice of appeal is a jurisdictional defect, and the Planning Director shall not accept a notice of appeal that does not comply with Subsections 1307.15(A) and (B). The Planning Director’s determination that an appellant has failed to comply with Subsections 1307.15(A) and (B) shall be final.
4. Appeal Procedures; Scope: Appeals are subject to the following procedures:
   1. De Novo Review: Appeals shall be de novo. In a de novo review, all issues of law and fact are heard anew, and no issue of law or fact decided by the lower-level review authority is binding on the parties in the hearing. New parties may participate, and any party may present new evidence and legal argument by written or oral testimony. The record of the initial proceeding shall be made a part of the record of the appeal. For purposes of Subsection 1307.15(D)(1), the record of the initial proceeding consists of
      1. Those items listed in Subsections 1307.14(J)(2)(a) through (d) and (j); and
      2. Those items listed in Subsections 1307.14(J)(2)(e) through (i), to the extent that any prior hearing(s) or public meeting(s) were conducted in reaching the decision that is being appealed.
   2. Notice of Public Hearing: Notice of public hearing shall be provided as follows:
      1. A minimum of 20 days prior to the first evidentiary hearing on the appeal, written notice of the appeal and hearing shall be mailed to:
         1. Those who were entitled to notice pursuant to Subsection 1307.09(A)(1); however, notwithstanding Table 1307-2, Noticing Distances for Type II Land Use Permit Applications, if the subject property is in the AG/F, EFU, FF-10, FU-10, RA-1, RA-2, RC, RI, RR, RRFF-5, or TBR Districts, notice of the public hearing shall be provided to all property owners of record, pursuant to Subsection 1307.18(C), within 2,640 feet (½ mile) of the subject property and all contiguous properties under the same ownership;
         2. The appellant; and
         3. Anyone who previously provided evidence, argument, or testimony as part of the record.
      2. At a minimum, notice of hearing shall include those elements identified in Subsection 1307.12(A)(4), except that 1307.12(A)(4)(i) will reference the appealed decision, rather than the staff report.
   3. Public Hearing: A public hearing shall be held before the appeal review authority, for the purpose of receiving testimony regarding the application.
   4. Decision: The appeal review authority shall consider the record and affirm the decision, affirm the decision with additional conditions or modifications, or reverse the decision. The appeal review authority shall issue a written decision in the form of an order, which shall be signed and dated, that explains the standards and criteria considered relevant to the decision, states the facts relied upon in rendering the decision, and explains the justification for the decision based on the standards, criteria, and facts set forth. The decision also shall include the elements identified in Subsection 1307.12(D)(1) through (5).
   5. Notice of Decision: A copy of the written order shall be mailed to:
      1. Those identified in Subsection 1307.15(E); and
      2. The appellant.
   6. Appeal: Except where an additional County-level appeal is provided pursuant to Subsection 1307.15(E), the appeal review authority’s decision is the final decision of the County. Appeal of the County’s final decision is to the Oregon Land Use Board of Appeals.
5. Review of an Interpretation by the Board of County Commissioners:
   1. A second County-level appeal is provided for applications for an interpretation of the Comprehensive Plan, where the Board of County Commissioners shall review the decision of the Planning Commission on appeal. Processing of the appeal shall comply with Subsections 1307.15(A) through (D), except that notice of the public hearing shall be given to:
      1. Those identified in Subsections 1307.09(A)(1)(a), (c) through (e), and (h);
      2. The appellant;
      3. Anyone who provided evidence, argument, or testimony as part of the record; and
      4. Anyone who made a written request for notice of decision.
   2. A second County-level appeal is provided for applications for an interpretation of this Ordinance, where the Board of County Commissioners may choose to review the decision of the Hearings Officer on appeal but is not required to do so.
      1. If the Board of County Commissioners accepts the appeal, processing of the appeal shall comply with Subsections 1307.15(A) through (D), except that notice of the public hearing shall be given pursuant to Subsection 1307.15(E)(1).
      2. If the Board of County Commissioners denies a request for review, it shall do so in writing. Notice of the denial shall be given pursuant to Subsection 1307.15(E)(1). If the Board of County Commissioners denies a request for review, the decision of the Hearings Officer stands as the final decision of the County. The period for appeal to the Oregon Land Use Board of Appeals commences on the date of mailing of the Board of County Commissioners’ denial of review.
6. Effect of Judicial or Administrative Review: Except as provided by law or order of a court or administrative tribunal having jurisdiction, a decision of the County shall remain valid and effective notwithstanding the initiation of judicial or administrative review of such decision; provided, however, that any development permit dependent upon such decision shall be issued only with the applicant's written acknowledgement in a form approved by County Counsel, that such review has been initiated and may result in the reversal of the decision, in which event the permit shall be revoked, as well as any temporary occupancy permit, and the premises shall thereafter be brought into conformity with the applicable standards and criteria by appropriate means. No permanent occupancy certificate shall be issued by the building official until such review has concluded through the adoption of a decision making such occupancy in all respects lawful.  
7. Remand from the Land Use Board of Appeals: Except as set forth in Oregon Revised Statutes (ORS) 215.435(4), the County shall take final action on decisions remanded by the Oregon Land Use Board of Appeals within the time frame established by ORS 215.435(1) and (2).

1307.16 Conditions of Approval

Approval of a Type I, II, II-E, or III land use permit may be granted subject to conditions. The following limitations shall be applicable to conditional approvals:

1. Conditions shall be fulfilled within the time limitations set forth in the approval thereof, or, if no time is set forth, within a reasonable time. Failure to fulfill any conditions within the time limitations provided shall be grounds for the Planning Director to initiate revocation of the approved land use permit pursuant to Subsection 1307.18(L).
2. Conditions shall be imposed to ensure compliance with the standards and approval criteria applicable to the land use permit, or shall be reasonably calculated to fulfill public needs emanating from the proposed land uses as set forth in the application, in the following respects:
   1. Protection of the public from the potentially deleterious effects of the proposed use; or
   2. Fulfillment of the need for public services created by the proposed use.
3. The review authority may find compliance with an applicable approval criterion by imposing conditions necessary to ensure compliance and finding that it is feasible for the conditions to be satisfied. Notwithstanding this provision, where conditions require state agency permits to be obtained, the review authority need only find substantial evidence to demonstrate that the applicant is not precluded from obtaining such state agency permits as a matter of law.
4. A surety may be required from the applicant, in an amount sufficient to ensure compliance with one or more conditions of approval, subject to Section 1311, Completion of Improvements, Sureties, and Maintenance.

1307.17 Fees

Fees are for the purposes of defraying administrative costs and are subject to the following:

1. Fees payable at the time of application or appeal are established by separate order of the Board of County Commissioners.
2. The failure to submit the required fee with an application or appeal, including return of checks unpaid or other failure of consideration, shall be a jurisdictional defect.  
3. An active community planning organization that is recognized by the County may file appeals without fee, provided the decision to file an appeal is made at a public meeting held in compliance with Oregon Revised Statutes 192.610 to 192.690.
4. Appeal fees shall be refunded if the appellant prevails. Any other fee refund policy shall be established by separate order of the Board of County Commissioners.
5. The County Administrator or designee may reduce or waive fees upon showing of just cause to do so.

1307.18 General Provisions

1. Calculation of Time: For the purposes of this Ordinance, unless otherwise specifically provided, days mean calendar days. In calculating a specific time period, the day on which the period begins to run shall not be included; and the day on which the period ends shall be included. In the event the last day falls on a day on which the County is not open for business, the period of time shall end on the next day on which the County is open for business.
2. Signatures:
   1. When any person signs as the owner of property, as an officer of a public or private corporation owning the property, or as an attorney in fact or agent of any owner, or when any person states that they are buying the property under contract, the Planning Director and the review authority, if other than the Planning Director, may accept these statements to be true, unless the contrary be proved, and except where otherwise in this Ordinance more definite and complete proof is required. Nothing herein shall prevent the Planning Director or the review authority, if other than the Planning Director, from demanding proof that the signer is the owner, officer, attorney in fact, or agent.
   2. As used in Section 1307, the word "signature" includes a signature affixed by electronic means.
3. Property Owner Notice: Where notice to property owners of record is required by Section 1307, the records of the County Assessor shall be used to identify the owners and their mailing addresses. Persons whose names and addresses are not on file at the time of the filing of the applicable land use permit application or appeal need not be notified of the application, decision, or hearing. If a property within the notification area is located outside the County, the records of the applicable County Assessor shall be used. The failure of a property owner to receive notice as provided in Section 1307 shall not invalidate the proceedings, if the County can demonstrate by affidavit that such notice was given.  
4. Method of Mailing: When mailing is required by Section 1307, first-class mail shall be used, except that for mailing to any of the following, either first-class mail or electronic mail may be used: community planning organizations, hamlets, villages, cities, special districts, and government agencies.
5. Burden of Proof: Except in a Type IV proceeding, the proponent has the burden of proof on all elements of the proposal. The proposal must be supported by a preponderance of evidence that it conforms to all applicable standards and criteria. The preponderance of evidence standard is often described as enough evidence to make the proponent's point more likely than not.
6. Argument and Evidence: For the purposes of Section 1307:
   1. Argument means assertions and analysis regarding the satisfaction or violation of legal standards or policy believed relevant by any party. Argument does not include facts.
   2. Evidence means facts, documents, data, or other information offered to demonstrate compliance or noncompliance with the standards and criteria believed by any party to be relevant to the proposal.
7. Withdrawal: Prior to the issuance of the written decision, the applicant may submit a written notice of withdrawal of the application. Upon receipt of a written notice of withdrawal, the application shall be deemed dismissed without further action by the review authority. A withdrawal shall not bar filing a new application; withdrawal shall not be deemed a final decision for any purpose. A withdrawal cannot be appealed. If an application is withdrawn after the mailing of notice of application or public hearing, the Planning Director shall mail written notice stating the application has been withdrawn to all persons who were provided mailed notice of the application or public hearing.
8. Final Action Deadline: Except as modified by Oregon Revised Statutes (ORS) 197.365 through 197.380, 197.797, or 197A.470, the County shall take final action on a land use permit application that is subject to ORS 215.427, including resolution of all County appeals, within the time period specified by ORS 215.427, unless the applicant provides written request for an extension of such period pursuant to ORS 215.427(5).
9. Effective Date of Decision: The County's final decision on a Type I, II, II-E, or III land use permit application becomes effective on:
   1. The day the final decision is issued, if no appeal at the County level is allowed;
   2. The day after the appeal period expires, if an appeal at the County level is allowed, but no notice of appeal is timely filed;  
   3. The day the decision is issued by the final County appeal body, if an appeal is allowed and notice of appeal is timely filed. However, if the appeal is withdrawn prior to decision, the effective date of the County's final decision shall revert to the day after the appeal period would have expired had an appeal not been timely filed; or
   4. The date of mailing of the Board of County Commissioners’ denial of review, pursuant to Subsection 1307.15(E)(2)(b).
10. Reissuing a Decision: The review authority may reissue a Type I, II, II-E, or III decision as a result of a clerical error, a misstatement of facts, or the erroneous imposition or omission of conditions of approval. A decision may not be reissued after the expiration of the appeal period, if any, or after the filing of an appeal. Notice of the reissued decision shall be given in the same manner as notice of the original decision. A new appeal period equal to that of the original decision shall be provided from the date of mailing of the amended decision.
11. Re-filing an Application: If a Type II, II-E, II-S, or III land use permit application is denied, or a Type II, II-E, II-S, or III land use permit is revoked pursuant to Subsection 1307.17(L), an applicant may re-file for consideration of the same or substantially similar application only if:
    1. At least two years have passed after either final denial of an application by the County or revocation of a permit; or
    2. The review authority finds that one or more of the following circumstances render inapplicable all of the specific reasons for the denial:
       1. A change, which is material to the application, has occurred in this Ordinance, the Comprehensive Plan, or other applicable law; for the purposes of this provision, "change" includes amendment to the applicable provisions or a modification in accepted meaning or application caused by an interpretation filed pursuant to Section 1308;
       2. A mistake in facts, which was material to the application, was considered by the review authority;
       3. There have been changes in circumstances resulting in new facts material to the application;
       4. A change has occurred in the zoning of the subject property, or adjacent property, that substantially affects the merits of the application; or
       5. There have been substantial changes in the surrounding area, or on the subject property, such as availability of services or improvements to public facilities, that affect the merits of the application.  
12. Revocation of Approval: An approval of a Type II, II-E, or III land use permit may be revoked, as follows:
    1. The Planning Director may initiate a public hearing for revocation of a prior approval of a land use permit when there is a violation of conditions attached to the previous approval sufficient to merit such revocation.
    2. Revocation of approval shall be reviewed using the Type III procedure. The Hearings Officer shall be the review authority, and the decision of the Hearings Officer shall be the final decision of the County.
    3. Revocation is in addition to, and not in lieu of, any other remedy provided by law or equity, and is not a condition precedent to any such remedy.
13. Modifications: Except as permitted pursuant to Section 1309, Modifications:
    1. A modification to an approved Type I, I-H, II, II-E, II-S, or III land use permit, or conditions thereto, shall be processed as a new application; and
    2. A modification to conditions of approval for a Type II, II-E, II-S, or III land use permit shall be considered only if: 
       a. Two years have passed since final approval of the land use permit proposed for modification; or 
       b. One or more of the circumstances identified in Subsection 1307.18(K)(2) apply.

[Added by Ord. ZDO-248, 10/13/2014; Amended by Ord. ZDO-253, 06/01/2015; Amended by Ord. ZDO-254, 01/04/2016; Amended by Ord. ZDO-262, 05/23/2017; Amended by Ord. ZDO-266, 05/23/2018; Amended by Ord. ZDO-269, 09/06/2018; Amended by Ord. ZDO-268, 10/02/2018; Amended by Ord. ZDO-276, 10/01/2020; Amended by Ord. ZDO-280, 10/23/2021; Amended by Ord. ZDO-282, 07/01/2022; Amended by Ord. ZDO-283, 09/05/2023; Amended by Ord. ZDO-285, 09/03/2024; Amended by Ord. ZDO-293, 09/08/2026]

1308.01 Applicability

The Planning Director has the authority to interpret the Comprehensive Plan and this Ordinance and their applicability to specific properties, except where such authority is specifically granted by this Ordinance to the Hearings Officer, or to the Planning Commission or Board of County Commissioners on appeal.

1308.02 Procedure

An interpretation requires review through a Type II application pursuant to Section 1307 and Subsection 1308.02. Where the provisions of Subsection 1308.02 conflict with Section 1307, Subsection 1308.02 shall control.

1. Anyone may initiate an application for an interpretation, except that an application for an interpretation of the applicability of the Comprehensive Plan or this Ordinance to a specific property may only be initiated by those parties identified in Subsection 1307.07(A).
2. An application for an interpretation shall include:
   1. The submittal requirements identified in Subsection 1307.07(C), except those that are inapplicable because the application is not for an interpretation of the applicability of the Comprehensive Plan or this Ordinance to a specific property;
   2. Identification of the provision(s) for which an interpretation is requested; and
   3. A detailed description of any proposed use, specific circumstances, or other factors necessary to allow an interpretation to be made.
3. Where Section 1307 requires mailing of notices, applications, or decisions, such mailing shall include all active community planning organizations, hamlets, and villages that are recognized by the County, if property to which an interpretation could be applicable lies wholly or partially inside the boundaries of such organization, hamlet, or village.
4. Only if an interpretation relates to the applicability of the Comprehensive Plan or this Ordinance to a specific property, shall mailing of notices, applications, and decisions required by Section 1307 include property owners of record pursuant to Subsection 1307.09(A)(1)(b) or 1307.10(A)(3)(b).
5. Filing an application for an interpretation shall be precluded if the specific question raised in the application has already been decided through another land use permit application. A question shall not be deemed to have been decided, if the fact circumstances in the previous land use permit application differ from those presented in the interpretation application.

[Added by Ord. ZDO-248, 10/13/14]

1309.01 Approval Criteria

A modification to an approved Type II or III land use permit, or conditions thereto, requires review as a Type II application pursuant to Section 1307, Procedures, and shall be subject to the following standards and criteria:

1. A modification shall be consistent with the prior approval;
2. A modification shall be consistent with all Ordinance provisions in effect on the date the modification request is submitted; and
3. A modification shall not result in any of the following:
   1. A change in the type of use (e.g. commercial, industrial, institutional); 
   2. An increase of greater than 25 percent of the original approved building floor area; 
   3. An increase of greater than 25 percent of the original approved lot coverage; 
   4. An increase in the density of development (residential or recreational uses), or intensity of use, as demonstrated by a change in occupancy rating requiring substantial modifications to structures; 
   5. An increase in traffic congestion or use of public facilities; 
   6. A reduction in approved open space; 
   7. A reduction of off-street parking spaces or loading berths, except as provided under Section 1015; or 
   8. A reduction in required pavement widths or a change in major access locations, except as required by the County.

1309.02 Approval Period

Approval of a modification shall be subject to the same approval period as the application type modified by the approval. The approval period shall commence on the date of the final decision on the modification. If the County’s final decision is appealed, the approval period shall commence on the date of the final appellate decision. During the approval period, the approval shall be implemented, or the approval will become void. “Implemented” shall have the same meaning as it does for the application type for which the modification is approved.

[Added by Ord. ZDO-248, 10/13/2014; Amended by Ord. ZDO-280, 10/23/2021; Amended by Ord. ZDO-293, 09/08/2026]

1310.01 Purpose and Applicability

Section 1310 is adopted to provide standards, criteria, and procedures under which the initial approval period for a land use permit may be extended. Section 1310 applies only if:

1. The subject property is not zoned AG/F, EFU, or TBR; 
2. The land use application for which the time extension is requested was submitted prior to September 8, 2026;
3. A time extension under Subsection 1310.02 was an available option for the land use permit type prior to September 8, 2026; and
4. No previous time extension of the land use permit has been approved.

1310.02 Approval Criteria   

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

1. The time extension application shall be submitted prior to, but not sooner than one year prior to, the expiration of the initial approval period for the land use permit. However, if the land use permit was modified pursuant to Section 1309, Modification, the application for a time extension shall be submitted prior to, but not sooner than one year prior to, the expiration of the approval period for the modification;
2. The proposed development as originally approved, or as modified pursuant to Section 1309, shall be consistent with the relevant provisions of this Ordinance in effect on the date the application for a time extension is submitted, provided that the application is complete when submitted or is made complete pursuant to Subsection 1307.07(E)(4); and
3. There shall have been no changes on the subject property or in the surrounding area that would be cause for reconsideration of the original decision.

1310.03 Procedure

If more than one land use permit (e.g. a partition and a variance) was approved for the same, or substantially similar, proposed development, time extension requests for these land use permits may be consolidated as one application, at the applicant’s discretion.

1310.04 Approval Period

Approval of a time extension is valid for two years from the date of the final decision on the time extension, or for two years from the date of expiration of the initial approval period for the land use permit, whichever is longer. 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. “Implemented” shall have the same meaning as it does for the application type for which the time extension is approved.

[Added by Ord. ZDO-248, 10/13/2014; Amended by Ord. ZDO-276, 10/01/2020; Amended by Ord. ZDO-280, 10/23/2021; Amended by Ord. ZDO-283, 09/05/2023; Amended by Ord. ZDO-293, 09/08/2026]

1311.01 Compliance With Approved Plans

Development authorized by an approved land use permit shall be completed pursuant to the approved final plans prior to recording of a final plat or issuance of a certificate of occupancy, except as provided under Section 1311.

1311.02 Completion of Required Improvements and Conditions And Sureties

To ensure the timely and satisfactory completion of improvements required pursuant to conditions of approval and other conditions of a land use permit, a performance surety may be required from an applicant by the Planning Director prior to the release of a final plat, issuance of a certificate of occupancy, or similar approval sought.

1. The principles and procedures for performance surety, warranty, and acceptance of work set forth in Section 190 of the County Roadway Standards shall apply to any improvements required pursuant to conditions of approval and other conditions of a land use permit for which a performance surety is sought.
2. The receipt and acceptance of performance sureties and warranties shall be administered by the County consistent with the principles and procedures set forth in Section 190 of the County Roadway Standards.

1311.03 Damage and Maintenance

The developer of any subdivision, partition, or other development shall construct, maintain, repair, replace, and shall be responsible for any damage to curbs, sidewalks, pavement, and driveway approaches; shall keep the pavement area free of debris, soil, or foreign matter at all times; and shall be responsible for the efficient operation of all drainage facilities in all streets included in the development until the surety is released by the County.

1311.04 Maintenance Mechanisms

All approved on-site improvements shall be the ongoing responsibility of the property owner or occupant. The County may require the recording of a maintenance agreement or other suitable mechanism, in the County Deed Records, to ensure that the following maintenance responsibilities are adequately addressed:

1. To improve, operate, and maintain common facilities, including open space, landscaping, parking and service areas, roads, surface water management, recreation areas, signing, lighting, shared wells, and similar facilities; and
2. To maintain landscaping, street furniture, storm drainage, and similar streetscape improvements developed in the public right-of-way.

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. 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. 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. 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 1206.05.

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

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).

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, 09/26/2011; Amended by Ord. ZDO-243, 09/09/2013; 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-253, 06/01/2015; Amended by Ord. ZDO-276, 10/01/2020; Amended by Ord. ZDO-283, 09/05/2023; Amended by Ord. ZDO-293, 09/08/2026]

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

1. Approval of a conditional use is valid for six 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 six-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.

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, 05/31/2011; Amended by Ord. ZDO-230, 09/26/2011; 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-253, 06/01/2015; Amended by Ord. ZDO-267, 08/28/2017; Amended by Ord. ZDO-266, 05/23/2018; Amended by automatic repeal of Ord. ZDO-267, 08/28/2019; Amended by Ord. ZDO-280, 10/23/2021; Amended by Ord. ZDO-283, 09/05/2023; Amended by Ord. ZDO-293, 09/08/2026]