Planning and Zoning

Planning and Zoning

ZDO 819: Recycling Centers, Transfer Stations, And Recyclable Drop-Off Sites

819.01 Standards For Recycling Centers And Transfer Stations

  1. Access:  The facility shall have access to major roadways and truck freight routes.  The facility shall have an operational plan that ensures those traveling to the facility, particularly trucks, travel primarily on truck freight routes identified on Comprehensive Plan Maps 5-9a through 5-9d.
  2. Air Quality:  The discharge of contaminants created by the facility shall not exceed the Oregon Department of Environmental Quality (DEQ) air quality standards.
  3. Noise:  Sound created by the facility and audible off the subject property shall not exceed the maximum permitted by DEQ.
  4. Storage:
    1. Any storage of material shall occur only in a totally enclosed area with proper air quality controls.  The storage of uncompacted material shall not exceed one day.
    2. Source separated materials, excluding yard debris, shall be stored in containers.  These containers shall be located in an enclosed area.
    3. Yard debris shall be removed on at least a weekly basis.  Storage shall not exceed requirements established by DEQ.
    4. Temporary storage areas for all materials recovered from processing shall be totally enclosed.
  5. Signs:
    1. A clearly visible and legible identification sign shall be posted at the entrance to the facility.  The sign shall include the name of the facility, name and phone number of the operator, and hours of operation.
    2. A sign describing recycling services and fees shall be posted at the facility.
  6. Hazardous Waste Handling:
    1. No disposal of hazardous and biomedical wastes on site shall be allowed except in accordance with Oregon Revised Statutes Chapter 459 and Oregon Administrative Rules Chapter 340.
    2. The operator shall provide a covered area for handling or storage of incidental hazardous, toxic, or other detrimental materials.  The area shall provide positive isolation from sanitary and storm sewer systems.
    3. The operator shall prepare and implement an incidental hazardous waste containment and cleanup plan approved by DEQ.
  7. Safety Measures:
    1. Transfer of waste from one vehicle or container to another vehicle or container shall be done within an enclosed containment area designed to ensure that waste materials do not fall onto the ground or enter the groundwater or a water feature, water system, drainageway, or drainage system.
    2. The facility shall establish and implement emergency operating procedures to ensure that minimal risk exists to the public in the case of an emergency.  The procedures shall include training programs and practice drills.
  8. Litter:  A litter control plan shall be adopted to control and provide for the removal of facility-related litter along routes leading to and in the vicinity of the facility.  The litter control plan shall include the following elements:
    1. Establish, as appropriate, gates, signs, and other traffic control devices that direct facility-related traffic to the facility along approved routes.
    2. Establish a patrol and schedule for removal of litter and illegally dumped waste along all routes to the facility for a distance of one-half mile from the facility entrance.  Litter removal within this area shall be completed a minimum of twice daily.
    3. The facility operator shall document and remove, for proper disposal, all illegal dumping occurring in the patrol area.  The operator shall remove illegally dumped waste within 24 hours of the discovery of the illegal dump or within 12 hours of being notified of the illegal dump by the County. 
    4. The operator shall provide signs so that routes to the facility are posted and shall post at the facility, in a location visible to the public, the proper routes providing access to the facility and differential fees for dumping covered and uncovered loads at the facility.
    5. The operator shall annually publish and distribute throughout the area served by the facility a brochure that includes the proper routes providing access to the facility and the fees for bringing both covered and uncovered loads to the facility and explains and encourages recycling.

819.02 Standards For Recyclable Drop-Off Sites

Recyclable drop-off sites shall comply with the following standards:

  1. Recyclable drop-off-sites shall:
    1. Not obstruct entrances, exits, onsite traffic circulation, or parking;
    2. Not be placed in required landscape areas;
    3. Be clean, attractively painted, and maintained at all times;
    4. Be kept clean and free of debris.  All unwanted materials and debris shall be properly disposed of; 
    5. Be designed such that collected recyclable materials are totally enclosed and cannot be removed by unauthorized parties;
    6. Only be used for the collection of domestic recyclable or reusable materials such as paper, corrugated paper, glass, tin, aluminum, plastics, and clothing.  Yard debris, appliances, and other large items that may otherwise be repairable, recyclable, or reusable are not acceptable; 
    7. Be removed or emptied within five days of becoming full, to avoid accumulation of materials outside the box or depot trailer; and
    8. Be labeled identifying the owner and telephone number to contact in the event that the container and surrounding area becomes a nuisance.  Labeling shall also clearly identify the material(s) accepted and warn that any other items are not acceptable
  2. Siting, maintenance, and hauling shall be coordinated through the area's franchised collector or by a party licensed or permitted by the County.
  3. The local fire marshal shall be consulted concerning design and siting of drop boxes and mobile depots.

[Amended by Ord. ZDO-252, 6/1/15; Amended by Ord. ZDO-268, 10/2/18]

Return to the Zoning and Development Ordinance main page. Contact zoninginfo@clackamas.us for additional information."

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ZDO 818: Surface Mining

818.01 Submittal Requirements

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

  1. Site plan, drawn to a scale of not less than one inch equals 600 feet, showing:
    1. Lot lines, dimensions, and area of the subject property;
    2. Location of all bodies of water, wetlands, roads, railroads, and utility facilities within or adjacent to the subject property;
    3. Contour lines with intervals identified;
    4. Locations and dimensions of existing and proposed structures;
    5. Location of existing and proposed driveways and parking areas;
    6. The boundaries of the mining site;
    7. Areas for excavation;
    8. Areas for processing and stockpiling;
    9. Areas for settling ponds and washing plants;
  2. A description of the present use of the subject property;
  3. The starting date of the mining and expected life of the mining operation;
  4. A description of each mineral to be mined and the estimated quantity to be extracted;
  5. A description of the mining methods and types of equipment to be used;
  6. The characterization of the groundwater and surface water based on available wells, drill logs, springs, and surface drainages within one mile of the proposed mining operation;
  7. A surface water management plan to provide protection against contamination of groundwater and discharge of sediments into adjacent waterways.  This plan must include provisions for settling ponds, diversion dikes, and channels, or other facilities as may be required;
  8. An erosion control plan detailing ground cover plantings and other methods of controlling erosion of surfaces affected by the mining;
  9. The procedures to control the discharge of contaminants and the disposal of mining refuse;
  10. For reclamation, identification of backfilling techniques, re-contouring, topsoil replacement, seedbed preparation, mulching, fertilizing, selection of plant species, seeding, planting rates and schedules, and planned subsequent beneficial use of mined areas.
  11. The procedures for the salvage, storage, and replacement of topsoil or acceptable alternative;
  12. Identification of the procedures for the stable storage of overburden, including a description of the pre-mine topography, method of emplacement, height of lifts, final height, slope configuration, and vegetative cover; and
  13. Applications for non-aggregate mining shall include the following additional information if applicable:
    1. Details of measures taken to conserve the quantity and quality of affected aquifers;
    2. A description of any toxic or radioactive materials known to be present in the ore, spoil, tailings, overburden, or any other material involved in the mining operation, and their approximate concentrations; and
    3. A description of how any toxic or radioactive materials will be handled during mining and reclamation.

818.02 Standards

Surface mining shall comply with the following standards:

  1. Access:  An on-site access or service road used for mining shall be dust free at all points within 300 feet of an off-site road or off-site dwelling.  If the mining is the primary cause of traffic on an unpaved off-site road, that road shall be dust free at all points within 300 feet of off-site dwellings.
  2. Screening:  Screening of the mining site may be required to obscure the view or minimize dust or other annoyance. If screening is required, it shall be done pursuant to Subsection 1009.04:
  3. Noise:  Sound created by the mining operation and audible off the subject property shall not exceed the maximum permitted by the Oregon Department of Environmental Quality (DEQ).  Various methods of sound control may be required, such as installation of earth berms, strategic location of stockpiles, and limiting hours of operation.
  4. Air Quality:  The discharge of contaminants created by the mining operation shall not exceed the DEQ air quality standards.
  5. Toxic Materials:  Toxic materials shall be handled in a manner that prevents environmental degradation, ensures the safety and health of persons involved in the mining and reclamation operations and the general public, and complies with the requirements of applicable state and federal agencies.
  6. Protection of Adjacent Land:  Excavation shall be away from the lot line a distance adequate to maintain a fence on the lot line and such additional distance as is necessary to allow a normal safe angle of repose during operations, ensure lateral support of adjacent lots and public rights-of-way, and provide the slopes identified in the reclamation plan for the depth of final excavation.  Other provisions to ensure protection of adjacent lots and public rights-of-way from steep banks, deep holes, or other hazards during the mining and reclamation phases shall be required as necessary.  In addition, the distance between the excavation and rivers, streams, lakes, and other bodies of water shall be adequate to maintain bank integrity and streamside vegetation.
  7. Reclamation Plan:  Reclamation shall be done in accordance with a reclamation plan approved by the Oregon Department of Geology and Mineral Industries, and the subsequent beneficial use of mined areas shall comply with this Ordinance.

[Amended by Ord. ZDO-248, 10/13/14; Amended by Ord. ZDO-268, 10/2/18]

Return to the Zoning and Development Ordinance main page. Contact zoninginfo@clackamas.us for additional information."

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ZDO 817: Auto Wrecking Yards And Junkyards

817.01 Standards

The following standards apply to auto wrecking yards and junkyards in zoning districts where these uses are permitted and are identified as being subject to Section 817:

  1. Fences: A sight-obscuring fence shall completely enclose the auto wrecking or junkyard.
    1. The fence shall be one color, constructed of uniform materials, and kept in good repair.
    2. The minimum structure height of the fence shall be 6 feet.
    3. The minimum front setback for the fence shall be 25 feet.
  2. Storage: All storage shall be within the fenced area, and items, including vehicles, shall not be piled higher than the fence.

[Amended by Ord. ZDO-266, 5/23/18]

Return to the Zoning and Development Ordinance main page. Contact zoninginfo@clackamas.us for additional information."

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ZDO 815: Produce Stands

815.01 Exemption

Except as set forth in Section 815, produce stands are exempt from Sections 1000, Development Standards, and 1102, Design Review.

815.01 Standards

Produce stands:

  1. Shall be an accessory use to a single-family dwelling;
  2. Shall display and sell only produce that is grown on-site;
  3. Are exempt from the front setback standards but shall comply with the side and rear setback standards;
  4. Shall have hours of operation limited to between 8 a.m. and 8 p.m.;
  5. Shall occupy an area no greater than 100 square feet;
  6. Shall not exceed eight feet in height;
  7. Shall be anchored in a manner that both prevents the stand from being moved or blown from its location and allows the prompt removal of the stand; and
  8. May have signs, subject to Section 1010, Signs.

[Added by Ord. ZDO-224, 5/31/11; Amended by Ord. ZDO-268, 10/2/18]

Return to the Zoning and Development Ordinance main page. Contact zoninginfo@clackamas.us for additional information."

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ZDO 813: Recreational Vehicle Camping Facilities

813.01 Standards

Recreational vehicle camping facilities shall comply with the following standards:

  1. Location:  Inside an urban growth boundary, recreational vehicle camping facilities shall be located on a road with a functional classification of minor arterial or higher, and shall be no more than one-half mile from a road with a functional classification of major arterial or higher.  Outside an urban growth boundary, recreational vehicle camping facilities shall be located no more than one mile from a road with a functional classification of major arterial or higher.
  2. Utilities:  Each recreational vehicle campsite shall include the following:
    1. Electrical service hookup;
    2. Potable water hookup; and
    3. Sewage disposal service.
  3. Landscaping:  To the extent consistent with the applicable standards of Section 1009, Landscaping, landscaping shall be dispersed throughout the facility and shall be incorporated in each recreational vehicle campsite.
  4. Accessory Uses:  The following accessory uses may be provided at a scale intended to serve the tenants of the recreational vehicle camping facility:
    1. One detached single-family dwelling or manufactured dwelling for a facility caretaker or manager in zoning districts that do not otherwise permit detached single-family dwellings or manufactured dwellings (e.g., the MR-2 District); however, this does not allow the maximum density standard in Section 1012, Lot Size and Density, to be exceeded.  (In zoning districts that otherwise permit a detached single-family dwelling or manufactured dwelling on a lot of record (e.g., the RA-1 District) the caretaker or manager may live in that dwelling, but this accessory use allowance would be redundant.);
    2. An office for a facility caretaker or manager; 
    3. Recreational areas and equipment;
    4. Clubhouses;
    5. Tourist information centers;
    6. Laundry, restroom, and shower facilities;
    7. Storage and maintenance buildings; and
    8. Uses similar to one or more of those listed in Subsection 813.01(D). 
  5. Screening: The facility shall be screened pursuant to Subsection 1009.04.
  6. Storage:  Storage of materials and equipment associated with the facility (as opposed to items brought to the facility by campers) shall be within enclosed structures.

[Amended by Ord. ZDO-235, 5/14/12; Amended by Ord. ZDO-248, 10/13/14; Amended by Ord. ZDO-252, 6/1/15; Amended by Ord. ZDO-268, 10/2/18]

Return to the Zoning and Development Ordinance main page. Contact zoninginfo@clackamas.us for additional information."

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ZDO 808: Cemeteries And Crematories

808.01 Cemetery Standards

Cemeteries shall comply with the following standards:

  1. Minimum Lot Size: The minimum lot size is 50 acres.
  2. Location of Graves: Graves shall be located a minimum of 30 feet from any public right-of-way.

808.02 Crematory Standards

Crematories shall comply with the following standards:

  1. Minimum Lot Size: The minimum lot size is five acres.
  2. Separation from Dwellings: Crematories shall be located a minimum of 500 feet from any existing dwelling other than a dwelling on the subject property.

Return to the Zoning and Development Ordinance main page. Contact zoninginfo@clackamas.us for additional information."

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ZDO 806: Home Occupations To Host Events

806.01 Definitions

The following definitions apply to Section 806:  

  1. Employee:  Any on-site person, whether they work full-time or part-time in the home occupation, including, but not limited to, the operator, partners, assistants, and any other persons participating in the operation of the home occupation. Except in the EFU, TBR, and AG/F Districts, persons employed by contract to provide services for a single event, such as caterers, photographers, and florists, are not considered employees.
  2. Event:  A wedding, family reunion, class reunion, company picnic, or similar gathering. 
  3. Operator: The person who conducts the home occupation, has majority ownership interest in the home occupation, and is responsible for strategic decisions and day-to-day operations of the home occupation. 

806.02 Standards

Home occupations to host events shall comply with the following standards:

  1. Operator:  The operator shall reside full-time in a lawfully established dwelling unit on the tract on which the home occupation is located.  
  2. Employees:  The home occupation shall have no more than five employees.
  3. Type of Buildings:  Notwithstanding the definition of home occupation in Section 202, Definitions, in the AG/F, EFU, and TBR Districts, the home occupation shall be operated substantially in the operator's dwelling or other buildings normally associated with uses permitted in the applicable zoning district.  
  4. Tents:  Temporary tents are allowed as follows:
    1. In the AG/F, EFU, and TBR Districts, temporary tents are permitted to the extent consistent with Subsection 806.02(C).
    2. In a zoning district other than AG/F, EFU, and TBR, one temporary tent is permitted, and additional temporary tents may be permitted if consistent with Subsection 1203.03.
    3. Temporary tents may be placed on the subject property no more than 24 hours before the event and must be removed no more than 24 hours after the event.
  5. Impacts on Dwellings:  In the AG/F, EFU, and TBR Districts, the evaluation of compliance with Subsection 1203.03(D) shall include consideration of impacts on dwellings even though dwellings are not primary uses in these zoning districts.  
  6. Hours of Operation:  During the months of November through March, no event shall take place outside the hours of 9:00 a.m. to 10:00 p.m.  During the months of April through October, no event shall take place outside the hours of 8:00 a.m. to 10:00 p.m.  These time restrictions do not apply to persons involved in the set-up or clean-up of the facilities.
  7. Frequency of Events:  A maximum of two events shall be allowed per day, and no more than one event shall occur at any one time. During the months of November through March, no more than five events shall be allowed per week.  During the months of April through October, no more than seven events shall be allowed per week.
  8. Guests:  The maximum number of guests for any single event is 300.  However, to the extent necessary to comply with Subsection 1203.03, a lower limit may be imposed based on site capacity constraints.
  9. Lighting:  All lighting used during events shall comply with Subsection 1005.04(A).
  10. Noise:  Noise shall be regulated as follows:
    1. From 7:00 a.m. until 10:00 p.m. on Friday and Saturday and until 9:00 p.m. on all other days of the week, the average peak sound pressure level, when measured off the subject property, of noise created by the home occupation shall not exceed the greater of 60 dB(A) or the ambient noise level.  During all other hours, the average peak sound pressure level, when measured off the subject property, of noise created by the home occupation shall not exceed the greater of 50 dB(A) or the ambient noise level.
      1. Noise generated by vehicles entering or exiting the subject property, but not by idling vehicles, shall be exempt from Subsection 806.02(J)(1).  
      2. Subsection 806.02(J)(1) shall not apply to noise detectable on public rights-of-way and railroad rights-of-way.  
    2. A noise study may be required to demonstrate compliance with Subsection 806.02(J)(1).  If a noise study is required, measurements shall be made with a sound level meter.  The sound level meter shall be an instrument in good operating condition, meeting the requirements of a Type I or Type II meter, as specified in ANSI Standard 1.4-1971.  The sound level meter shall contain at least an A-weighted scale, and both fast and slow meter response capability.  Personnel making measurements shall have completed training in the use of the sound level meter, and measurement procedures consistent with that training shall be followed.  
  11. Parking:  The home occupation shall comply with Section 1015, Parking and Loading, except as modified by Subsection 806.02(K).
    1. On-street parking shall be prohibited on the day of an event.
    2. An alternative to the parking area surface required pursuant to Subsection 1015.01(B) may be approved based on the following criteria: 
      1. It is appropriate considering season, duration, and intensity of use.
      2. It shall be surfaced with hardy grasses, wood chips, or other similar organic materials sufficient to adequately stabilize the ground surface for parking. 
      3. In order to minimize tracking of soil onto the roadway, a driveway surfaced with screened gravel or better must extend a minimum of 200 feet in length from the interior edge of the roadway that provides access to the subject property.  A traffic management plan must direct all vehicular traffic along the required driveway prior to such traffic entering the roadway.
  12. Portable Restrooms:  Portable restroom facilities shall:
    1. Include hand-sanitizing or hand-washing facilities;
    2. Comply with the standards of the service provider and the applicable regulations of the Oregon Department of Environmental Quality;  
    3. Be screened from adjacent lots and rights-of-way by sight-obscuring fences or plantings; and
    4. Be located a minimum of 50 feet from all lot lines.
  13. Signs:  One temporary sign shall be allowed in addition to signs permitted pursuant to Section 1010, Signs.  The sign shall not exceed eight square feet in area; shall be placed on private property on the day of the event; shall be removed no more than 24 hours after the event; and shall be physically attached to the premises in a manner which both prevents the sign from being moved or blown from its location, and allows the prompt removal of the sign.  
  14. Storage:  Equipment, furniture, goods, and other amenities used for events shall be stored indoors on non-event days. 
     
  15. Appearance:  On non-event days, the use shall not take an outward appearance nor manifest any characteristics of a business or operation of a service commercial nature, except for those characteristics normally associated with or allowed for a primary use in the subject zoning district, or, in the AG/F, EFU, and TBR Districts, for a use identified as "allowed" by Table 407-1, Permitted Uses in the AG/F District, 401-1, Permitted Uses in the EFU District, or 406-1, Permitted Uses in the TBR District, respectively.

[Amended by Ord. ZDO-224, 5/31/11; Amended by Ord. ZDO-245, 7/1/13; Amended by Ord. ZDO-268, 10/2/18; Amended by Ord. ZDO-283, 9/5/23]

Return to the Zoning and Development Ordinance main page. Contact zoninginfo@clackamas.us for additional information."

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ZDO 804: Places Of Worship

804.01 Standards

Except where the applicable zoning district allows for a less restrictive standard, places of worship shall comply with the following standards:

  1. Maximum Lot Coverage: The maximum lot coverage is 50 percent.
  2. Maximum Building Height: The maximum building height is 50 feet.
  3. Minimum Rear Setback: The minimum rear setback is 20 feet plus five feet for each story in excess of two.
  4. Minimum Side Setback: The minimum side setback is 20 feet plus five feet for each story in excess of two.

804.02 Permitted Uses

  1. Customarily Associated Activities. Pursuant to Oregon Revised Statutes 215.441, a place of worship may be used for activities customarily associated with the practices of the religious activity, including: Worship services;
    1. Religion classes;
    2. Weddings;
    3. Funerals;
    4. Meal programs; and
    5. Child care, but not including private or parochial school education for prekindergarten through grade 12 or higher education. (Although a private or parochial school is not permitted pursuant to this provision, this Ordinance may otherwise provide for such use on the subject property.)

Return to the Zoning and Development Ordinance main page. Contact zoninginfo@clackamas.us for additional information."

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ZDO 714: Special Use Overlay District (SUO)

714.01 Purpose

Section 714 is adopted to implement the policies of the Comprehensive Plan for adopted local parks master plans in the AG/F, EFU and TBR Districts.

714.02 Applicability

Section 714 applies to land in the SUO District.

714.03 Definitions

The definitions in Oregon Administrative Rules 660-034-0010 apply to development of a local park in the SUO District.

714.04 Uses Permitted

Permitted uses in the SUO District are those permitted in the applicable underlying zoning district and those identified in the applicable adopted local park master plan.

714.05 Development Standards

Development of a local park must be consistent with the applicable adopted local park master plan and is subject to the applicable provisions of Section 1000, Development Standards.

Return to the Zoning and Development Ordinance main page. Contact zoninginfo@clackamas.us for additional information."

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