Planning and Zoning

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.

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

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]

805.01 Standard

The minimum side setback for a school is 20 feet. 
[Amended by Ord. ZDO-224, 5/31/11; Amended by Ord. ZDO-252, 6/1/15; Amended by Ord. ZDO-268, 10/2/18

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:
   1. Worship services;
   2. Religion classes;
   3. Weddings;
   4. Funerals;
   5. Meal programs; and
   6. 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.)

Last Amended 8/3/23

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.

[Added by Ord. ZDO-286, 11/20/23]

713.01 Purpose

Section 713 is adopted to implement Oregon Revised Statutes 836.600 through 836.630 and policies of the Comprehensive Plan as they relate to public use airports. When applied, it provides for their continued operation and vitality consistent with state law by allowing certain compatible airport related commercial and recreational uses.  It also provides for safety standards to promote air navigational safety at such public use airports and to reduce the potential for safety hazards for property and for persons living, working, or recreating on lands near such airports.

713.02 Application

This special use zoning district may be applied to publicly owned airports  that are shown in the records of the Oregon Department of Aviation (ODA) on December 31, 1994.  It also may be applied to those privately owned, public use airports identified pursuant to Oregon Revised Statutes (ORS) 836.610(3) by the ODA as providing important links in air traffic in Oregon, providing essential safety or emergency services, or are of economic importance to the County.

The boundaries of this special use district are coterminous with airport boundaries as described in Oregon Administrative Rules (OAR) 660-013-0040.  The boundaries of safety overlay zones radiate from points at the ends of the airport's primary surface as described in OAR 660-013-0070(1)(a) and Exhibits 1 and 4 that accompany that rule.  The definitions in Subsection 713.03 are consistent with ORS Chapter 836, OAR 660-013, and Exhibits 1 and 4 of that rule.

If an airport that had this special use zoning district applied is removed from the State's list of airports in a manner described in ORS 836.610, the application of this special use zoning district is automatically terminated.

713.03 Definitions

1. Aircraft.  Means airplanes and helicopters, but not hot air balloons or ultralights.
2. Airport.  The strip of land used for taking off and landing aircraft, together with all adjacent land used in connection with the aircraft landing or taking off from the strip of land, including but not limited to land used for existing airport uses.
3. Airport Elevation.  The highest point of an airport's usable runway, measured in feet above mean sea level.
4. Airport Imaginary Surfaces.  Imaginary areas in space and on the ground that are established in relation to the airport and its runways.  Imaginary surfaces are defined by the primary surface, runway protection zone, approach surface, horizontal surface, conical surface and transitional surface.
5. Airport Noise Impact Boundary.  Areas located within 1,500 feet of an airport runway or within established noise contour boundaries exceeding 55 Ldn.
6. Airport Sponsor.  The owner, manager, or other person or entity designated to represent the interests of an airport.
7. Approach Surface.  A surface longitudinally centered on the extended runway centerline and extending outward and upward from each end of the primary surface.
   1. The inner edge of the approach surface is the same width as the primary surface and it expands uniformly to a width of:
      1. 1,250 feet for a utility runway having only visual approaches;
      2. 1,500 feet for a runway other than a utility runway with only visual approaches;
      3. 2,000 feet for a runway with a non-precision instrument approach;
      4. 3,500 feet for a non-precision instrument runway other than utility, having visibility minimums greater than three-fourths statute mile;
      5. 4,000 feet for a non-precision instrument runway, other than utility, having a non-precision approach with visibility minimums as low as three-fourths statute mile; and
      6. 16,000 feet for precision instrument runways.
   2. The approach surface extends for a horizontal distance of:
      1. 5,000 feet at a slope of 20 feet outward for each foot upward for all utility and visual runways;
      2. 10,000 feet at a slope of 34 feet outward for each foot upward for all non-precision instrument runways, other than utility; and
      3. 10,000 feet at a slope of 50 feet outward for each one foot upward, with an additional 40,000 feet at a slope of 40 feet outward for each one foot upward, for precision instrument runways.
   3. The outer width of an approach surface will be that width prescribed in this subsection for the most precise approach existing or planned for that runway end.
8. Conical Surface.  A surface extending outward and upward from the periphery of the horizontal surface at a slope of 20 to one for a horizontal distance of 4,000 feet.
9. Hazard.  All hazards within and around airports shall be as determined by the Oregon Department of Aviation or Federal Aviation Administration (FAA).
10. Heliports.  A heliport is an area of land, water, or structure designated for the landing and take-off of helicopters or other rotorcraft.  The heliport overlay zone applies the following imaginary surfaces.  The heliport approach surfaces begin at each end of the heliport primary surface and have the same width as the primary surface.  They extend outward and upward for a horizontal distance of 4,000 feet where their width is 500 feet.  The slope of the approach surfaces is eight to one for civilian heliports and 10 to one for military heliports.  The heliport primary surface coincides in size and shape with the designated takeoff and landing area of a heliport.  The heliport primary surface is a horizontal plane at the established heliport elevation.  The heliport transitional surfaces extend outward and upward from the lateral boundaries of the heliport primary surface and from the approach surfaces at a slope of two to one for a distance of 250 feet measured horizontally from the centerline of the primary and approach surfaces.
11. Horizontal Surface.  A horizontal plane 150 feet above the established airport elevation, the perimeter of which is constructed by swinging arcs of specified radii from the center of each end of the primary surface of each runway of each airport and connecting the adjacent arcs by lines tangent to those arcs.  The radius of each arc is:
    1. 5,000 feet for all runways designated as utility or visual.
    2. 10,000 feet for all other runways.
    3. The radius of the arc specified for each end of a runway will have the same arithmetical value.  That value will be the highest determined for either end of the runway.  When a 5,000 foot arc is encompassed by tangents connecting two adjacent 10,000 foot arcs, the 5,000 foot arc shall be disregarded on the construction of the perimeter of the horizontal surface.
12. Non-Precision Instrument Runway.  A runway having an existing instrument approach procedure utilizing air navigation facilities with only horizontal guidance, or area type navigation equipment, for which a straight-in non-precision instrument approach has been approved, or planned, and for which no precision approach facilities are planned or indicated on an FAA-approved airport layout plan or other FAA planning document.
13. Other than Utility Runway.  A runway that is constructed for and intended to be used by turbine-driven aircraft or by propeller-driven aircraft exceeding 12,500 pounds gross weight.
14. Precision Instrument Runway.  A runway having an existing instrument approach procedure utilizing air navigation facilities that provide both horizontal and vertical guidance, such as an Instrument Landing System (ILS) or Precision Approach Radar (PAR).  It also means a runway for which a precision approach system is planned and is so indicated by an FAA-approved airport layout plan or other FAA planning document.
15. Primary Surface.  A surface longitudinally centered on a runway.  When a runway has a specially prepared hard surface, the primary surface extends 200 feet beyond each end of that runway.  When a runway has no specially prepared hard surface, or planned hard surface, the primary surface ends at each end of that runway.  The elevation of any point on the primary surface is the same as the elevation of the nearest point on the runway centerline.  The width of the primary surface is:
    1. 250 feet for utility runways having only visual approaches;
    2. 500 feet for utility runways having non-precision instrument approaches;
    3. For other than utility runways the width is:
       1. 500 feet for visual runways having only visual approaches;
       2. 500 feet for non-precision instrument runways having visibility minimums greater than three-fourths statute mile;
       3. 1,000 feet for a non-precision instrument runway having a non-precision instrument approach with a visibility minimum as low as three-fourths statute mile, and for precision instrument runways.
16. Public Assembly Facility.  A permanent or temporary structure or facility, place or activity where concentrations of people gather in reasonably close quarters for purposes such as deliberation, education, worship, shopping, employment, entertainment, recreation, sporting events, or similar activities.  Public assembly facilities include, but are not limited to, schools, places of worship, conference or convention facilities, employment and shopping centers, arenas, athletic fields, stadiums, clubhouses, museums, and similar facilities and places, but do not include parks, golf courses or similar facilities unless used in a manner where people are concentrated in reasonably close quarters.  Public assembly facilities also do not include air shows, structures or uses approved by the FAA in an adopted airport master plan, or places where people congregate for short periods of time such as parking lots or bus stops.
17. Runway.  A defined area on an airport prepared for landing and takeoff of aircraft along its length.
18. Runway Protection Zone (RPZ).  An area off the runway end used to enhance the protection of people and property on the ground.  The RPZ is trapezoidal in shape and centered about the extended runway centerline.  The inner width of the RPZ is the same as the width of the primary surface.  The outer width of the RPZ is a function of the type of aircraft and specified approach visibility minimum associated with the runway end.  The RPZ extends from each end of the primary surface for a horizontal distance of:
    1. 1,000 feet for utility runways.
    2. 1,700 feet for other than utility runways having non-precision instrument approaches.
    3. 2,500 feet for precision instrument runways.
19. Structure.  Any constructed or erected object which requires location on the ground or is attached to something located on the ground.  Structures include but are not limited to buildings, decks, fences, signs, towers, cranes, flagpoles, antennas, smokestacks, earthen formations and overhead transmission lines.  Structures do not include paved areas.
20. Transitional Surface.  Those surfaces that extend upward and outward at 90 degree angles to the runway centerline and the runway centerline extended at a slope of seven feet horizontally for each foot vertically from the sides of the primary and approach surfaces to the point of intersection with the horizontal and conical surfaces.  Transitional surfaces for those portions of the precision approach surfaces which project through and beyond the limits of the conical surface, extend a distance of 5,000 feet measured horizontally from the edge of the approach surface and at a 90 degree angle to the extended runway centerline.
21. Utility Runway.  A runway that is constructed for and intended to be used by propeller driven aircraft of 12,500 pounds maximum gross weight or less.
22. Visual Runway.  A runway intended solely for the operation of aircraft using visual approach procedures, where no straight-in instrument approach procedures or instrument designations have been approved or planned, or are indicated on an FAA-approved airport layout plan or any other FAA planning document.
23. Water Impoundment.  Includes wastewater treatment settling ponds, surface mining ponds, detention and retention ponds, artificial lakes and ponds, and similar water features.  A new water impoundment includes an expansion of an existing water impoundment except where such expansion was previously authorized by land use action approved prior to the effective date of Section 713.

713.04 Uses Permitted Outright

The following uses and activities are permitted outright in the Public Use Airport special use zoning district:

1. Customary and usual aviation-related activities, including but not limited to takeoffs and landings; aircraft hangars and tie-downs; construction and maintenance of airport facilities; fixed-base operator facilities; one single-family dwelling in conjunction with an airport (if there is not one there already) for an airport manager, caretaker, or security officer; and other activities incidental to the normal operation of an airport.  Except as provided in this ordinance, "customary and usual aviation-related activities" do not include residential, commercial, industrial, manufacturing, and other uses.
2. Air passenger and air freight services and facilities, at levels consistent with the classification and needs identified in the Oregon Department of Aviation Airport System Plan.
3. Emergency medical flight services, including activities, aircraft, accessory structures, and other facilities necessary to support emergency transportation for medical purposes.  Emergency medical flight services do not include hospitals, medical offices, medical labs, medical equipment sales, and other similar uses.
4. Law enforcement, military, and firefighting activities, including aircraft and ground-based activities, facilities and accessory structures necessary to support federal, state or local law enforcement or land management agencies engaged in law enforcement or firefighting activities.  Law enforcement and firefighting activities include transport of personnel, aerial observation, and transport of equipment, water, fire retardant and supplies.
5. Search and rescue operations, including aircraft and ground based activities that support the orderly and efficient conduct of search or rescue related activities.
6. Flight instruction, including activities, facilities, and accessory structures located at airport sites that provide education and training directly related to aeronautical activities.  Flight instruction includes ground training and aeronautic skills training, but does not include schools for flight attendants, ticket agents or similar personnel.
7. Aircraft service, maintenance and training, including activities, facilities and accessory structures provided to teach aircraft service and maintenance skills and to maintain, service, refuel or repair aircraft and aircraft components.  "Aircraft service, maintenance and training" includes the construction and assembly of aircraft and aircraft components for personal use, but does not include activities, structures or facilities for the manufacturing of aircraft, aircraft components or other aircraft-related products for sale to the public.
8. Aircraft rental, including activities, facilities and accessory structures that support the provision of aircraft for rent or lease to the public.
9. Aircraft sales and the sale of aeronautic equipment and supplies, including activities, facilities and accessory structures for the storage, display, demonstration and sales of aircraft and aeronautic equipment and supplies to the public but not including activities, facilities or structures for the manufacturing of aircraft, aircraft components or other aircraft-related products for sale to the public.
10. Crop dusting activities, including activities, facilities and structures accessory to crop dusting operations.  Crop dusting activities include, but are not limited to, aerial application of chemicals, seed, fertilizer, defoliant and other chemicals or products used in a commercial agricultural, forestry or rangeland management setting.
11. Agricultural and Forestry Activities, including activities, facilities and accessory structures that qualify as a "farm use" as defined in ORS 215.203 or "farming practice" as defined in ORS 30.930.
12. Aeronautic recreational and sporting activities, including activities, facilities and accessory structures at airports that support recreational usage of aircraft and sporting activities that require the use of aircraft or other devices used and intended for use in flight.  Aeronautic recreation and sporting activities authorized under this paragraph include, but are not limited to, fly-ins; glider flights; hot air ballooning; ultralight aircraft flights; displays of aircraft; aeronautic flight skills contests; and gyrocopter flights, but do not include flights carrying parachutists or parachute drops (including all forms of skydiving).
13. Flights carrying parachutists, and parachute drops (including all forms of skydiving) onto an airport, but only upon demonstration that the parachutist business has secured approval to use a drop zone that is at least 10 contiguous acres in size.  The configuration of the drop zone shall roughly approximate a square or a circle and may contain structures, trees, or other obstacles only if the remainder of the drop zone provides adequate areas for parachutists to land safely.
14. Uses not identified in Subsection 713.04, but permitted in the underlying zoning district, may be permitted if they do not conflict with permitted uses in Subsection 713.04, safety, or the continued operation and vitality of the airport.

713.05 Uses Permitted Subject To Review

Uses not identified in Subsection 713.04 and contained in an Airport Expansion Plan approved by the County as part of the Comprehensive Plan shall require review as a Type III application pursuant to Section 1307 and shall be subject to the following standards and criteria:

1. The use is, or will be, supported by adequate types and levels of public facilities, services, and transportation systems authorized by applicable statewide land use planning goals;
2. The use does not seriously interfere with existing land uses in areas surrounding the airport; and
3. For airports where the underlying zoning district is EFU, the use shall comply with the standards described in ORS 215.296.
4. The development standards in Section 1000 shall be applied appropriate to the type of use permitted.
5. An applicant may demonstrate that these standards will be satisfied through the imposition of clear and objective conditions.

713.06 Imaginary Surface And Noise Impact Boundary Delineation

The airport elevation, the airport noise impact boundary, and the location and dimensions of the runway, primary surface, runway protection zone, approach surface, horizontal surface, conical surface and transitional surface, direct and secondary impact boundaries shall be delineated for each public use airport where this district is applied and shall be made part of the zoning maps adopted pursuant to Subsection 103.02.  All lands, waters, and airspace, or portions thereof, that are located within these boundaries or surfaces shall be subject to the requirements of this zone.

713.07 Land Use Compatibility Requirements

Applications for land use or building permits for properties within the boundaries of these safety overlay zones shall comply with the requirements of this Section as provided herein.

713.08 Water Impoundments Within Safety Overlay Zones

Any use or activity that would result in the establishment or expansion of a water impoundment shall comply with the requirements of this section.

713.09 Nonconforming Uses

Section 713 shall not be construed to require the removal, lowering, or alteration of any existing structure or vegetation not conforming to Section 713.  Section 713 shall not require any change in the construction, or alteration of the intended use of any structure, the construction or alteration of which was begun or completed prior to the effective date of this safety overlay zone.
[Amended by Ord. ZDO-248, 10/13/14; Amended by Ord. ZDO-268, 10/2/18]

712.01 Purpose

Section 712 is adopted to implement Oregon Revised Statutes (ORS) 836.600 through 836.630 and policies of the Comprehensive Plan as they relate to private use airports.  When applied, it provides for the continued operation and vitality of private use airports consistent with state law.  It also provides for safety standards to promote air navigational safety at these airports, and to reduce the potential for safety hazards for property and for persons living, working or recreating on lands near such airports.

712.02 Application

This special use zoning district may be applied to private-use airports that are shown in the records of the Oregon Department of Aviation as the base for three or more aircraft on December 31, 1994.

The boundaries of this special use zoning district are coterminous with airport boundaries as described in Oregon Revised Statutes (ORS) 836.608.  The boundaries of safety overlay zones radiate from points at the ends of the airport's primary surface as described in Oregon Administrative Rules (OAR) 660-013-0070(1)(b) and Exhibit 2 that accompanies that rule.  The definitions in Subsection 712.03 are consistent with ORS Chapter 836, OAR 660-013, and Exhibit 2 of that rule.

If an airport that had this special use zoning district applied is removed from the State's list of airports in a manner described in ORS 836.610, the application of this special use zoning district to such airport is automatically terminated.

712.03 Definitions

1. Aircraft.  Means airplanes and helicopters, but not hot air balloons or ultralights.
2. Airport.  The strip of land used for taking off and landing aircraft, together with all adjacent land used in connection with the aircraft landing or taking off from the strip of land, including but not limited to land used for existing airport uses.
3. Airport Elevation.  The highest point of an airport's usable runway, measured in feet above mean sea level.
4. Airport Imaginary Surfaces.  Imaginary areas in space or on the ground that are established in relation to the airport and its runways.  Imaginary surfaces for private use airports are defined by the primary surface and approach surfaces.
5. Airport Sponsor.  The owner, manager, or other person or entity designated to represent the interests of an airport.
6. Approach Surface.  An imaginary surface longitudinally centered on the extended runway centerline and extending outward and upward from each end of the primary surface.  An approach surface is applied to each end of the runway.  The inner edge of the approach surface is the same width as the primary surface and it expands uniformly to a width of 450 feet for that end of a private use airport with only visual approaches.  The approach surface extends for a horizontal distance of 2,500 feet at a slope of 20 feet outward for each one foot upward.
7. Hazard.  All hazards within and around airports shall be as determined by the Oregon Department of Aviation or Federal Aviation Administration.
8. Heliports.  A heliport is an area of land, water, or structure designated for the landing and take-off of helicopters or other rotorcraft.  The heliport overlay zone applies the following imaginary surfaces.  The heliport approach surfaces begin at each end of the heliport primary surface and have the same width as the primary surface.  They extend outward and upward for a horizontal distance of 4,000 feet where their width is 500 feet.  The slope of the approach surfaces is eight to one for civilian heliports and 10 to one for military heliports.  The heliport primary surface coincides in size and shape with the designated takeoff and landing area of a heliport.  The heliport primary surface is a horizontal plane at the established heliport elevation.  The heliport transitional surfaces extend outward and upward from the lateral boundaries of the heliport primary surface and from the approach surfaces at a slope of two to one for a distance of 250 feet measured horizontally from the centerline of the primary and approach surfaces.
9. Primary Surface.  A surface longitudinally centered on a runway.  The primary surface ends at each end of a runway.  The elevation of any point on the primary surface is the same as the elevation of the nearest point on the runway centerline.  The width of the primary surface for private use airports is 200 feet.
10. Runway.  A defined area on an airport prepared for landing and takeoff of aircraft along its length.
11. Structure.  Any constructed or erected object which requires location on the ground or is attached to something located on the ground.  Structures include but are not limited to, buildings, decks, fences, signs, towers, cranes, flagpoles, antennas, smokestacks, earthen formations and overhead transmission lines.  Structures do not include paved areas.

712.04 Continued Operation Of Existing Uses

Operation of the following uses may be continued at their current levels as of the effective date of Section 712, upon a demonstration that the use existed at the airport at any time during 1996.  A list of those uses for each private use airport classified as having three or more based aircraft is contained in the County's Airport Plan.

1. Customary and usual aviation-related activities, including but not limited to takeoffs and landings; aircraft hangars and tie-downs; construction and maintenance of airport facilities; fixed-base operator facilities; one single-family dwelling in conjunction with an airport (if there is not one there already) for an airport manager, caretaker, or security officer; and other activities incidental to the normal operation of an airport.  Except as provided in this ordinance, "customary and usual aviation-related activities" do not include residential, commercial, industrial, manufacturing, and other uses.
2. Air passenger and air freight services and facilities, at levels consistent with the classification and needs identified in the Oregon Department of Aviation Airport System Plan.
3. Emergency medical flight services, including activities, aircraft, accessory structures, and other facilities necessary to support emergency transportation for medical purposes.  Emergency medical flight services include search and rescue operations but do not include hospitals, medical offices, medical labs, medical equipment sales, and other similar uses.
4. Law enforcement, military, and firefighting activities, including aircraft and ground-based activities, facilities and accessory structures necessary to support federal, state or local law enforcement or land management agencies engaged in law enforcement or firefighting activities.  Law enforcement and firefighting activities include transport of personnel, aerial observation, and transport of equipment, water, fire retardant and supplies.
5. Search and rescue operations, including aircraft and ground based activities that support the orderly and efficient conduct of search or rescue related activities.
6. Flight instruction, including activities, facilities, and accessory structures located at airport sites that provide education and training directly related to aeronautical activities.  Flight instruction includes ground training and aeronautic skills training, but does not include schools for flight attendants, ticket agents or similar personnel.
7. Aircraft service, maintenance and training, including activities, facilities and accessory structures provided to teach aircraft service and maintenance skills and to maintain, service, refuel or repair aircraft or aircraft components.  "Aircraft service, maintenance and training" includes the construction and assembly of aircraft and aircraft components for personal use, but does not include activities, structures or facilities for the manufacturing of aircraft, aircraft components or aircraft-related products for sale to the public.
8. Aircraft rental, including activities, facilities and accessory structures that support the provision of aircraft for rent or lease to the public.
9. Aircraft sales and the sale of aeronautic equipment and supplies, including activities, facilities and accessory structures for the storage, display, demonstration and sales of aircraft and aeronautic equipment and supplies to the public but not including activities, facilities or structures for the manufacturing of aircraft, aircraft components or other aircraft-related products for sale to the public.
10. Crop dusting activities, including activities, facilities and structures accessory to crop dusting operations.  Crop dusting activities include, but are not limited to, aerial application of chemicals, seed, fertilizer, defoliant and other chemicals or products used in a commercial agricultural, forestry or rangeland management setting.
11. Agricultural and Forestry Activities, including activities, facilities and accessory structures that qualify as a "farm use" as defined in ORS 215.203 or "farming practice" as defined in ORS 30.390.
12. Aeronautic recreational and sporting activities, including activities, facilities and accessory structures at airports that support recreational usage of aircraft and sporting activities that require the use of aircraft or other devices used and intended for use in flight, are permitted subject to the acceptance of the airport sponsor.  Aeronautic recreation and sporting activities include, but are not limited to, fly-ins; glider flights; hot air ballooning; ultralight aircraft flights; displays of aircraft; aeronautic flight skills contests; gyrocopter flights; flights carrying parachutists; and parachute drops onto an airport.  As used herein, parachuting and parachute drops include all forms of skydiving.

712.05 Expansion Of Existing Uses

The expansion of uses identified in Subsection 712.04 andthat existed at any time during 1996 at an airport is permitted as provided in Subsection 712.05.

1. Expansions Permitted Outright:  The following expansions of existing uses are permitted outright:
   1. Construction of additional hangars and tie-downs by the owner of the airport;
   2. Basing of additional aircraft at the airport; and
   3. Increases in flight activity.
2. Other Expansions:
   1. Growth of existing uses that require building permits, other than those existing uses identified in Subsection 712.05(A), shall require review as a Type II application pursuant to Section 1307 and shall be permitted unless the growth:
      1. Cannot be supported by existing public facilities and services and transportation systems authorized by applicable statewide land use planning goals;
      2. Forces a significant change or significantly increases the costs of conducting existing uses on surrounding lands; or
      3. Exceeds the standards of ORS 215.296(1) if the airport is adjacent to land zoned for exclusive farm use.

712.06 New Uses

Uses identified in Subsection 712.04 and at an airport shall require review as a Type III application pursuant to Section 1307 and shall be subject to the following standards and criteria:

1. The use is or will be supported by adequate types and levels of public facilities, services, and transportation systems authorized by applicable statewide land use planning goals;
2. The use does not seriously interfere with existing land uses in areas surrounding the airport; and
3. For airports adjacent to land zoned for exclusive farm use, the use complies with the standards described in ORS 215.296.
4. An applicant may demonstrate that these standards will be satisfied through the imposition of clear and objective conditions.

Uses not identified in Subsection 712.04, but permitted in the underlying zoning district, may be permitted at an airport if they do not conflict with permitted uses in Subsection 712.04, safety, or the continued operation and vitality of the airport.

712.07 Imaginary Surface Delineation

The airport elevation and the location and dimensions of the runway, primary surface, and approach surface shall be delineated for each private use airport subject to this safety overlay zone and shall be made part of the zoning maps adopted pursuant to Subsection 103.02.  All lands, waters, and airspace, or portions thereof, that are located within these surfaces shall be subject to the requirements of this safety overlay zone.

712.08 Nonconforming Uses

Section 712 shall not be construed to require the removal, lowering, or alteration of any existing structure or vegetation not conforming to Section 712.  Section 712 shall not require any change in the construction, or alteration of the intended use of any structure, the construction or alteration of which was begun or completed prior to the effective date of this safety overlay zone.
[Amended by Ord. ZDO-248, 10/13/14]

711.01 Purpose

The intent of the Government Camp Open Space Management District is to preserve and manage the Government Camp open space resources for the benefit, health, and welfare of the people. These resources provide the community with recreation, water quality treatment facilities, natural protection areas, and pedestrian networks. Management of these resources will help protect, enhance, and maintain the quality of living and environmental character of Government Camp.

711.02 Areas Of Application

The Government Camp Open Space Management District shall apply to those areas within the Government Camp Village, as described in the Mount Hood Community Plan, and have the following characteristics:

1. Parks, whether existing, acquired, or dedicated in the future (see Section 1011 for dedication requirements);
2. Public and private recreation areas, including areas used for skiing, skating, skateboarding, hiking, biking, and other similar activities;
3. Natural and historic areas that are dedicated to the public or preserved through an easement;
4. Areas that buffer existing residential development for the purpose of providing privacy and maintaining the natural character and quality of living in the community;
5. Areas necessary for utility facilities, such as sewage treatment plants, public water facilities, or water quality treatment facilities. 

711.03 Primary Uses

1. Public and private outdoor recreation areas, including hiking and biking trails, and ski transportation facilities such as chairlifts and gondolas;
2. Nature trails, bird sanctuaries, nature conservancies, and other similar natural areas;
3. Utility cabinets, subject to Section 830, Utility Cabinets;
4. Utility facilities, except utility lines, in road rights-of-way;
5. Utility lines, except as established by Subsections 711.05(A)(5) and (6); and
6. Water quality treatment facilities, except those listed as conditional uses in Subsection 711.05.

711.04 Accessory Uses

Accessory uses listed below may be allowed provided landscaping in compliance with Section 1009, Landscaping, is used to obscure visual impacts:

1. Restroom and locker room facilities;
2. Information and interpretive centers, provided they are not enclosed;
3. Maintenance buildings and support facilities customarily associated with a primary use;
4. Rainwater collection facilities;
5. Solar collection systems;
6. Electric vehicle charging stations;
7. Stormwater management facilities;
8. Utility service equipment; and
9. Utility service lines.

711.05 Conditional Uses

1. The following are conditional uses in the GCOSM District, approval of which is subject to Section 1203, Conditional Uses:
   1. Medical clinics, when associated with and incidental to a primary use;
   2. Sport shops, restaurants, and other concession sales uses when associated with and incidental to a primary use;
   3. Sewage treatment plants;
   4. Utility cabinets that do not comply with Section 830, Utility Cabinets, and are outside a road right-of-way;
   5. Gas transmission lines; and
2. Electric transmission lines.B.  Conditional uses are subject to the following standards and criteria:
   1. Approval shall not be granted if the proposed use requires a new access to Highway 26 or additional parking, unless such access and parking receive approval from the Oregon Department of Transportation.
   2. The maximum building floor space per commercial use shall be 8,000 square feet.  

711.06 Prohibited Uses

Private outdoor recreation uses that generate vehicular trips, excluding uses for the Summit Ski Area or Multorpor Ski Bowl that do not exceed the United States Forest Service (USFS) Persons at One Time (PAOT) limits. See the table below for the PAOT limits:

711.07 Buffer Areas

Buffer areas shall be maintained in natural vegetation, except for minor developments such as:

1. Extending and connecting trail systems;
2. Posting directional, interpretative, and warning signs not exceeding three square feet for trails;
3. Bridges or constructed walkways;
4. Lift and tram towers; and
5. Development of connecting roads to lands within Government Camp shall be minimized to the fullest possible extent.

711.08 Dimensional Standards

The following dimensional standards apply in the GCOSM District:

1. Minimum Front Setback: The minimum front setback is 30 feet.
2. Minimum Rear Setback: The minimum rear setback is 30 feet.
3. Minimum Side Setback: The minimum side setback is 10 feet.

711.09 Development Standards

Conditional uses in the GCOSM District are subject to the applicable provisions of Section 1000, Development Standards, and the review procedures of Section 1102, Design Review. In addition, the following development standards apply:

1. The subject property shall be landscaped to produce a setting appropriate to the area's character and development's function. Screening and buffering of adjacent residential zoning districts shall occur pursuant to Section 1009, Landscaping
2. An efficient internal circulation system and facilities layout plan shall be provided. In addition, motorized and non-motorized connections to external circulation systems and trails shall be provided. 
3. Access shall be maximized for pedestrians, bicyclists, transit riders, and people with disabilities in active recreation areas.
4. Park facilities shall comply with the classifications and standards of Comprehensive Plan Table 9-1.

[Amended by Ord. ZDO-224, 5/31/2011; Amended by Ord. ZDO-248, 10/13/2014; Amended by Ord. ZDO-252, 6/1/2015; Amended by Ord. ZDO-253, 6/1/2015; Amended by Ord. ZDO-268, 10/2/2018; Amended by Ord. ZDO-288, 9/9/2024]

710.01 Purpose

Section 710 is adopted to:

1. Conserve sensitive bird resources by protecting nesting and rearing habitat and providing buffer areas;
2. Establish standards and procedures for evaluating and permitting developments which affect sensitive bird habitat areas;
3. Implement the sensitive bird policies of the Natural Resources and Energy Chapter of the Comprehensive Plan; and
4. Enhance coordination between County, state, federal, and other jurisdictional agencies regarding development activities in or near sensitive bird sites.

710.02 Applicability/Adoption of Reports

1. The Sensitive Bird Habitat District (SBH) is an overlay district that consists of sensitive bird habitat areas as identified in the Comprehensive Plan policies and Sensitive Bird Inventory completed pursuant to the Goal 5 and Oregon Administrative Rules 660, Division 16 provisions. The sensitive habitat area to be protected pursuant to Section 710 shall be defined as the area necessary to protect the sensitive bird site from impacts adverse to its nesting and rearing activities. The area protected is dependent upon the specific species as described in the Comprehensive Plan Inventory and Economic, Social, Environmental, and Energy (ESEE) findings and conclusions. The standards and procedures of the SBH District apply to all development, alterations, and vegetation removal within any portion of a sensitive bird site habitat or buffer area. Should the County be notified by the Oregon Department of Fish and Wildlife that a sensitive bird site area no longer exists within an SBH District, development activities and uses shall not be subject to the provisions of Section 710.
2. The sensitive bird habitat areas administered through these provisions are based upon the Comprehensive Plan Inventory and Economic, Social, Environmental and Energy (ESEE) findings and conclusions. The Inventory maps and ESEE reports are hereby adopted by reference and declared to be part of this Ordinance.

710.03 Definitions

Unless specifically defined below, words or phrases used in Section 710 shall be interpreted to give them the same meaning as they have in common usage and to give Section 710 its most reasonable application.

1. Alteration: A use which adversely impacts the condition of a sensitive bird habitat site and/or buffer area. Alterations include, but are not limited to, buildings or other structures, grading, filling, dredging, draining, channelizing, mining, paving (including sidewalks, roads and bike paths), surface water management facilities, or other land uses that adversely impact the existing vegetation, hydrology, wildlife or wildlife habitat.
2. Development: A partition, subdivision, or property line adjustment which may or may not include an alteration.
3. Economic, Social, Environmental and Energy (ESEE) Analysis: The analysis conducted pursuant to Statewide Planning Goal 5 in which the County evaluates the conflicting use economic, social, environmental and energy consequences and the Board of County Commissioners reached a decision of which, if any, conflicting use(s) would be allowed fully or on a limited basis.
4. Rookery: A discrete area that contains one or more Great Blue Heron nests.
5. Sensitive Bird Habitat: The nesting, rearing and roosting area of sensitive birds as identified in the Comprehensive Plan.
6. Sensitive Bird, Buffer: An area around a sensitive bird site, determined to be appropriate for the specific species, that is included on the planned and zoned SBH District overlay maps
7. Sensitive Bird Habitat, Edge or Boundary: The boundary of a sensitive bird habitat area as mapped on the Comprehensive Plan Sensitive Bird Habitat Inventory maps. Generally, the edge or boundary is the line, represented by a horizontal line regardless of elevation between sensitive bird habitat areas and nonsensitive bird habitat areas.

710.04 Uses in Sensitive Bird Habitat Areas

1. Alterations and developments consistent with the underlying zoning district located within an SBH District may be granted, subject to review of an SBH District Permit, which shall require review as a Type II application pursuant to Section 1307 and shall be subject to the following standards and criteria:
   1. The proposal is consistent with Policy 11.0 of the Wildlife Habitats and Distinctive Resource Areas Section of the Natural Resources and Energy Element of the Comprehensive Plan;
   2. A mitigation plan demonstrates the proposed alteration or development will not disrupt the nesting or rearing habitat; and
   3. Vegetation and construction management plans demonstrate the alteration or development will be consistent with the provisions Section 710.
2. Prohibited Uses:
   Vegetation removal within the buffer is prohibited unless the removal is permitted in conjunction with a vegetation and construction management plan described in Subsection 710.04(A)(3).
3. Exempt Uses:
   1. Modifications that do not extend beyond the footprint of legally established uses, structures, and facilities are exempt from the provisions of this subsection.
   2. Commercial forest practices subject to Oregon Revised Statutes (ORS) Chapter 527 and the Oregon Administrative Rules (OARs) adopted pursuant thereto.
   3. Agricultural practices subject to ORS 30.930 through ORS 30.939 and the OARs adopted pursuant thereto.

710.05 Development Standards

The following standards shall apply to alterations or development in sensitive bird habitat areas.

1. Based on the biology and characteristics of the species and characteristics of the site, the proposed alteration or development shall provide protection that will prevent destruction or abandonment of the subject site.
2. Alteration activities shall be prohibited during the nesting season unless the Oregon Department of Fish and Wildlife determines in writing the proposed alteration will not be disruptive to the nest or rookery. Alterations necessary to (1) repair or reconstruct septic systems or structures damaged or (2) destroyed by fire or natural causes are exempt from this provision.
3. New roads, driveways, or public trails shall be located the greatest distance possible from the nest or rookery unless topographic, vegetation, or structural features will provide greater visual or noise buffer to the nest or rookery.
4. Existing vegetation buffers the nest or rookery and shall be retained unless removal is granted pursuant to Subsection 710.04(A).
5. No land divisions or property line adjustments shall be approved which would result in the location of a structure within the designated sensitive habitat area.
6. Exterior lighting for new uses shall be sited and shielded away from the nest or rookery.
7. Residential lots of record where lot configuration precludes compliance with these provisions shall be exempt when proposed structures are sited the maximum practical distance from the rookery.
8. Additions to existing structures which are located closer than the required buffer shall be permitted provided the addition complies with the remaining provisions of this subsection
9. Sensitive bird habitat areas disturbed by alterations considered pursuant to Subsection 710.04(A) shall be re-vegetated with plants not identified on the Planning Director's Prohibited Plant List at a pre-removal or greater density within 90 days of completion, considering Subsection 710.05(B), or a surety agreement shall be provided pursuant to Section 1311, Completion of Improvements, Sureties, and Maintenance. The developer shall submit a written contract guaranteeing vegetation survival of at least 80 percent for a minimum one-year period.
10. Prior to commencing alteration or construction activities on parcels containing sensitive bird habitat, the edge of the SBH District and buffer area, as identified on the County maps, shall be clearly marked with stakes connected by flagging. The applicant shall retain this temporary marking until construction is completed and vegetation on the site is reestablished.

710.06 Submittal Requirements

In addition to the submittal requirements identified in Subsection 1307.07(C), an application for an SBH District Permit in sensitive bird habitat and buffer areas considered pursuant to Subsection 710.04(A) shall include the following:

1. A site plan showing existing natural features and the proposed development on the site(s), including proposed alterations, vegetation removal, surface water sources, tree cutting activity, utilities, easements, and location of the nesting or rookery site and respective buffer;
2. A written analysis describing how the proposal is consistent with Policy 11.0 of the Wildlife Habitats and Distinctive Resource Areas Section of the Natural Resources and Energy Element of the Comprehensive Plan;
3. A written construction management plan describing the timing and sequence of construction activities, equipment, surface water management, and erosion control plan; and
4. A vegetation plan that includes the species and quantity to be removed and planted, and any maintenance activities that will be used to ensure survival and growth of the vegetation.

710.07 Approval Period and Time Extension

1. Approval Period: Approval of an SBH District Permit 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. "Implemented" means:
   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 SBH District Permit, "implemented" means all other necessary County development permits (e.g. grading permit, building permit for an accessory structure) shall be obtained and maintained. A "major development permit" is:
      1. A building or manufactured dwelling placement permit for a new primary structure that was part of the SBH District Permit approval; or
      2. A permit issued by the County Engineering Division for parking lot or road improvements that were part of the WRG permit approval.
2. Time Extension: If the approval of an SBH District Permit is not implemented within the initial approval period established by Subsection 710.07(A), a two-year time extension may be approved, pursuant to Subsection 1310.

[Amended by Ord. ZDO-248, 10/13/14; Amended by Ord. ZDO-253, 6/1/15

709.01 Purpose

Section 709 is adopted to implement the policies of the Comprehensive Plan for Water Quality Resource Areas.

709.02 Area of Application

1. Section 709 applies in the Water Quality Resource Area District (WQRAD). The WQRAD applies to all parcels containing a Water Quality Resource Area (WQRA), provided that such parcels are inside the Metropolitan Service District Boundary or the Portland Metropolitan Urban Growth Boundary and outside the boundaries of both Clackamas County Service District No. 1 and Surface Water Management Agency of Clackamas County. WQRAs are protected water resources and adjacent vegetated corridors as established by Section 709. Protected water resources are classified as primary or secondary.
2. A wetland shall be a primary protected water resource if the wetland meets any one of the following criteria and is not a constructed wetland:
   1. The wetland is fed by surface flows, sheet flows, or precipitation, has evidence of flooding during the growing season, has 60 percent or greater vegetative cover, and is over one-half acre in size;
   2. The wetland qualifies as having "intact water quality function" under the 1996 Oregon Freshwater Wetland Assessment Methodology;
   3. The wetland is in the Flood Management District, has evidence of flooding during the growing season, is five acres or more in size, and has a restricted outlet or no outlet;
   4. The wetland qualifies as having "intact hydrologic control function" under the 1996 Oregon Freshwater Wetland Assessment Methodology; or
   5. The wetland or a portion of it is within a horizontal distance of less than one-fourth mile from a water body that meets the Oregon Department of Environmental Quality's definition of a "water quality limited water body."
3. Rivers, perennial streams, intermittent streams draining more than 100 acres, natural lakes, and springs that feed streams and wetlands and have year-round flow are primary protected water resources.
4. Intermittent streams draining 100 acres or less are secondary protected water resources.
5. The width of the vegetated corridor included within a WQRA is specified in Table 709-1. However, if an improved, public road right-of-way runs parallel to and—based on Table 709-1—would be included within a WQRA, the WQRA shall not extend beyond the improved, public road right-of-way.

Table 709-1: Width of WQRA Vegetated Corridor

¹ At least three slope measurements along the water resource, at no more than 100-foot increments, shall be made for each property for which development is proposed. Depending on the slope measurements, the width of the vegetated corridor may vary. Slope shall be measured in 25-foot increments away from the water resource until slope is less than 25 percent or a point 150 feet from the starting point of measurement is reached, whichever occurs first. The 25-foot increments shall be measured horizontally. Where the protected water resource is confined by a ravine or gully, the top of ravine is the break in the greater-than-25-percent slope.

² The width of the vegetated corridor shall be measured horizontally.

³ Vegetated corridors in excess of 50 feet for primary protected resources, or in excess of 15 feet for secondary protected resources, apply on steep slopes only in the uphill direction from the protected water resource.

⁴ A maximum reduction of 25 feet may be permitted in the width of the vegetated corridor beyond the slope break if a geotechnical report demonstrates that the slope is stable.

6. The text of Section 709 shall determine the boundaries of a WQRA.
   1. Certain protected water resources are identified on maps adopted by reference in Chapter 3 of the Comprehensive Plan (hereinafter referred to as the WQRA Map). The WQRA Map shall be a reference for identifying areas likely to be regulated by Section 709, but the WQRA Map is not intended to provide field-verified locations of the protected resources or delineate the edge of the vegetated corridors.
   2. In addition, there may be WQRAs not shown on the WQRA Map. If credible evidence (e.g. aerial photographs, topographic maps, expert studies) indicates that the subject property may contain a WQRA that is not identified on the WQRA map, the provisions of Section 709 shall apply.

709.03 Definitions

Unless specifically defined in Subsection 709.03, words or phrases used in Section 709 shall be interpreted to give them the same meaning as they have in common usage and to give Section 709 its most reasonable application.

1. Bankfull Stage: The stage or elevation at which water overflows the natural banks of streams or other waters of the state and begins to inundate the upland. The bankfull stage may be approximated using either the two-year recurrence interval flood elevation or one foot measured vertically above the ordinary mean high water line.
2. Created Wetlands: Wetlands developed in an area previously identified as a non-wetland to replace, or mitigate, wetland destruction or displacement. A created wetland shall be regulated and managed the same as an existing wetland.
3. Constructed Wetlands: Wetlands developed as a water quality or quantity facility, subject to change and maintenance as such. These areas must be clearly defined and separated from naturally occurring or created wetlands.
4. Debris: Discarded manmade objects that would not occur in an undeveloped stream corridor or wetland. Debris includes, but is not limited to, tires, vehicles, litter, scrap metal, construction waste, lumber, plastic, or Styrofoam. Debris does not include objects necessary to a use allowed by Section 709, or ornamental and recreational structures. Debris does not include existing natural plant materials or natural plant materials that are left after flooding, downed or standing dead trees, or trees that have fallen into protected water resources.
5. Development: Any manmade change defined as structures, roads, utilities, mining, dredging, paving, vegetation removal, filling, or grading in amounts greater than 10 cubic yards. In addition, "development" is any other activity that results in the removal of more than 10 percent of the Water Quality Resource Area vegetation on a lot of record. The calculation of the amount of vegetative cover removed shall be done separately for each lot of record and shall include all vegetative cover removed after January 5, 2009, regardless of whether the removal is done as one project or a series of projects. When individual trees are removed, the area contained within the tree's drip line shall be the basis for calculating the square footage of vegetation removed.
6. Disturb: Manmade changes to the existing physical status of the land, which are made in connection with development.
7. Drip Line: The outermost edge of a tree's canopy; when delineating the drip line on the ground, it will appear as an irregularly shaped circle defining the canopy's perimeter.
8. Emergency: Any manmade or natural event or circumstance causing or threatening loss of life, injury to person or property, and includes, but is not limited to, fire, explosion, flood, severe weather, drought, earthquake, volcanic activity, spills or releases of oil or hazardous material, contamination, utility or transportation disruptions, and disease.
9. Enhancement: The process of improving upon the natural functions and/or values of an area or resource that has been degraded by human activity. Enhancement activities may or may not return the site to a pre-disturbance condition, but create/recreate beneficial processes and resources that occur naturally.
10. Erosion: The movement of soil particles resulting from actions of water or wind.
11. Fill: Any material such as, but not limited to, sand, soil, rock, or gravel that is placed in a wetland or flood area for the purposes of development.
12. Invasive Non-Native or Noxious Vegetation: Plant species that are listed in the Oregon Department of Agriculture's Noxious Weed Policy and Classification System.
13. Mitigation: The reduction of adverse effects of a proposed project by considering, in the following order:
    1. Avoiding the impact altogether by not taking a certain action or parts of an action;
    2. Minimizing impacts by limiting the degree or magnitude of the action and its implementation;
    3. Rectifying the impact by repairing, rehabilitating, or restoring the affected environment;
    4. Reducing or eliminating the impact over time by preservation and maintenance operations during the life of the action by monitoring and taking appropriate measures; and
    5. Compensating for the impact by replacing or providing comparable substitute Water Quality Resource Areas.
14. Native Vegetation: Vegetation native to the Portland metropolitan area provided that it is not invasive non-native or noxious vegetation.
15. Ordinary Mean High Water Line: The line on the bank or shore to which water ordinarily rises in season.
16. Practicable: Available and capable of being done after taking into consideration cost, existing technology, and logistics in light of overall project purpose.
17. Restoration: The process of returning a disturbed or altered area or water resource to a previously existing natural condition. Restoration activities re-establish the structure, function, or diversity to that which existed prior to impacts caused by human activity.
18. Riparian: Those areas associated with streams, lakes, and wetlands where vegetation communities are predominately influenced by their association with water.
19. Stormwater: The surface water runoff that results from all natural forms of precipitation.
20. Stormwater Pretreatment Facility: Any structure or drainage way that is designed, constructed, and maintained to collect and filter, retain, or detain surface water runoff during and after a storm event for the purpose of water quality improvement.
21. UStream: A body of running water moving over the earth's surface in a channel or bed, such as a creek, rivulet, or river. A stream flows at least part of the year, including perennial and intermittent streams. Streams are dynamic in nature and their structure is maintained through build-up and loss of sediment.
22. Stream, Intermittent: A stream that flows only part of the year, or seasonally, during years of normal precipitation.
23. Stream, Perennial: A stream that flows year-round during years of normal precipitation.
24. Structure: A building or other major improvement that is built, constructed, or installed, not including minor improvements—such as fences, utility poles, flagpoles, or irrigation system components—that are not customarily regulated through zoning codes.
25. Utility Facilities: Buildings, structures, or any constructed portion of a system that provides for the production, transmission, conveyance, delivery, or furnishing of services including, but not limited to, heat, light, water, power, natural gas, sanitary sewer, stormwater, telephone, and cable television. Utility facilities do not include stormwater pretreatment facilities.
26. Vegetated Corridor: The area between bankfull stage of a protected water resource and the delineated edge of the Water Quality Resource Area as defined in Table 709-1.
27. Wetlands: Areas that are inundated or saturated by surface water or ground water at a frequency and duration sufficient to support and under normal circumstances do support a prevalence of vegetation typically adapted for life in saturated soil conditions. Wetlands generally include swamps, marshes, bogs, and similar areas. Wetlands are those areas identified and delineated by a qualified wetland specialist as set forth in the 1987 Corps of Engineers Wetland Delineation Manual.

709.04 Exempt Uses

The following uses and activities are exempt from the requirements of Section 709, except that if the use or activity requires a building or grading permit, a Construction Management Plan shall be required pursuant to Subsection 709.06(A):

1. Uses and activities that do not constitute development, except if the use or activity is prohibited by Subsection 709.05;
2. Farming practices, as defined in Oregon Revised Statutes (ORS) 30.930, and farm uses, as defined in ORS 215.203, in zoning districts where agricultural uses are a primary use, except that this exemption does not apply to buildings associated with farm practices or farm uses;
3. Forest practices, as defined in ORS 30.930, on forestlands, as defined in ORS 30.930, outside the Portland Metropolitan Urban Growth Boundary;
4. Installation of erosion prevention and sediment control (EPSC) measures pursuant to an EPSC plan approved by the EPSC regulatory authority.
5. Projects with the sole purpose of restoring or enhancing wetlands, streams, or fish and wildlife habitat areas, provided that the project is part of an approved local, regional, state, or federal restoration or enhancement plan;
6. Placement of structures that do not require a grading or building permit;
7. Maintenance of existing structures, roadways, driveways, utility facilities, accessory uses, and other development;
8. Removal of invasive non-native or noxious vegetation and the planting or propagation of native vegetation, provided that:
   1. Handheld tools are used to remove invasive non-native or noxious vegetation; and
   2. After such removal, all open soil areas greater than 25 square feet are replanted with native vegetation;
9. Removal of dead or diseased trees or trees that pose an imminent hazard to persons or property, provided that a consulting arborist's report, or other credible evidence, is provided by the owner of the subject property and verifies the dead, diseased, or hazardous condition of the trees proposed for removal;
10. Removal of vegetation, except trees of 1.5 inches or greater caliper, provided such removal shall not result in more than 10 percent of the area of the vegetated corridor being devoid of vegetation;
11. Repair, replacement. or improvement of utility facilities where the disturbed portion of the Water Quality Resource Area (WQRA) is restored and vegetation is replaced with native vegetation;
12. Additions, alterations, rehabilitation, or replacement of existing structures, roadways, driveways, accessory uses, and other development that do not increase existing structural footprints in the WQRA where the disturbed portion of the WQRA is restored and vegetation is replaced with native vegetation;
13. Measures to remove or abate nuisances, or any other violation of statute, administrative rule, or ordinance, where such measures are required by government order and the disturbed portion of the WQRA is restored and vegetation is replaced with native vegetation; and
14. Work necessary to protect, repair, maintain, or replace existing structures, utility facilities, roadways, driveways, accessory uses, and exterior improvements in response to emergencies, provided that after the emergency has passed, adverse impacts are mitigated in accordance with Table 709-2.

709.05 Prohibited Uses

The following uses and activities are prohibited within a Water Quality Resource Area:

1. The planting of invasive non-native or noxious vegetation; and
2. Uncontained areas of hazardous materials as defined by the Oregon Department of Environmental Quality.

709.06 Development Review Requirements

The following review requirements are applicable to development in the Water Quality Resource Area District (WQRAD) unless such development is exempt pursuant to Subsection 709.04.

1. A Construction Management Plan, consistent with Subsection 709.08, shall be required prior to development in the WQRAD, regardless of whether development will occur within a Water Quality Resource Area (WQRA). A Construction Management Plan shall be reviewed:
   1. As part of a WQRA Development Permit; or
   2. In conjunction with review of a building or grading permit, if no WQRA Development Permit is required.
2. In order to confirm the location of a WQRA, WQRA Boundary Verification, consistent with Subsection 709.09, shall be required or allowed as follows:
   1. WQRA Boundary Verification shall be required for:
      1. Development that is proposed to be in the WQRAD; or
      2. A parcel that:
         1. Is in the WQRAD; and
         2. ii. Is the subject of a land use application for a partition, subdivision, or any other land use application the approval of which would authorize new development on the subject parcel.
   2. Notwithstanding Subsection 709.06(B)(1)(a), if credible evidence (e.g. aerial photographs, topographic maps, expert studies) indicates that the proposed development is clearly outside a WQRA, the requirement for WQRA Boundary Verification may be waived.
   3. An application for WQRA Boundary Verification may be submitted even if one is not required pursuant to Subsection 709.06(B)(1).
   4. If a parcel is subject to Subsection 709.06(B)(1)(b), an application for WQRA Boundary Verification shall be filed concurrently with the other land use application referenced in Subsection 709.06(B)(1)(b)(ii) unless a previously approved WQRA Boundary Verification for the subject property remains valid.
   5. An application for WQRA Boundary Verification shall be reviewed as a Type II application pursuant to Section 1307 unless the application is filed concurrently with another land use application that requires review as a Type III application, in which case the applications will be consolidated and reviewed as a Type III application pursuant to Section 1307.
3. A WQRA Development Permit, consistent with Subsection 709.10, shall be required for development in a WQRA. However, if the proposed development is in a Habitat Conservation Area (HCA) regulated pursuant to Section 706, it shall comply with either Subsection 706.10 or 709.10. An application for a WQRA Development Permit shall be reviewed as a Type II application pursuant to Section 1307 unless the application is filed concurrently with another land use application that requires review as a Type III application, in which case the applications will be consolidated and reviewed as a Type III application pursuant to Section 1307.
4. Property that contains a WQRA and is the subject of a land use application for a partition or subdivision shall comply with Subsection 709.11, except that if the subject parcel contains a WQRA and an HCA, the partition or subdivision shall comply with the requirements of Subsections 706.10 and 709.11, and if the provisions conflict, the most restrictive standard shall apply.
5. Approval of WQRA Boundary Verification or a WQRA Development Permit shall be 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. For a WQRA Development Permit directly related to an application for a partition or subdivision, "implemented" means that the final plat of the partition or subdivision shall be recorded with the County Clerk.
   2. For any other WQRA Development Permit, "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 WQRA Development Permit, "implemented" means all other necessary County development permits (e.g. grading permit, building permit for an accessory structure) shall be obtained and maintained. A "major development permit" is:
      1. A building or manufactured dwelling placement permit for a new primary structure that was part of the WQRA Development Permit approval; or
      2. A permit issued by the County Engineering Division for parking lot or road improvements that were part of the WQRA Development Permit approval.
   3. For WQRA Boundary Verification, "implemented" has the meaning set forth in Subsection 709.06(E)(1) and (2), except that under Subsection 709.06(E)(2), if the approval did not contemplate a specific development proposal, "implemented" means at least one County development permit shall be obtained and maintained.
6. If the approval of WQRA Boundary Verification or a WQRA Development Permit is not implemented within the initial approval period established by Subsection 709.06(E), a two-year time extension may be approved pursuant to Section 1310.
7. WQRA Boundary Verification that was valid on the date when the final plat for a subdivision or partition was recorded with the County Clerk shall remain valid for subsequent development on the lots or parcels created by the subdivision or partition.

709.07 Submittal Requirements

Construction Management Plans and applications filed pursuant to Section 709 shall comply with the following submittal requirements:

1. A Construction Management Plan shall include:
   1. A site plan of the subject property, drawn to scale and identifying the following:
      1. Location and type of existing and proposed development, including but not limited to, building footprints, roads, driveways, parking areas, utilities, onsite sewage disposal systems, wells, landscaping, and filling or grading in an amount greater than 10 cubic yards, with each element labeled as existing or proposed;
      2. Location and width of existing adjacent roads and road rights-of-way;
      3. Location of the Water Quality Resource Area (WQRA) as identified pursuant to Subsection 709.09;
      4. Drip lines outside the WQRA of trees that are inside the WQRA;
      5. Distance between the WQRA boundary and proposed development outside the WQRA;
      6. The site ingress and egress proposed to be used by construction vehicles;
      7. Proposed equipment and material staging and stockpile areas; and
      8. Proposed orange construction fencing required pursuant to Subsection 709.08(B);
   2. An Erosion Prevention and Sediment Control (EPSC) plan, which may be included on the site plan if acceptable to the EPSC regulatory authority; and
   3. If a modification or waiver of the construction fencing requirement of Subsection 709.08(B) is proposed, a narrative demonstrating compliance with Subsection 709.08(B)(1) or (2).
2. An application for WQRA Boundary Verification shall include:
   1. The submittal requirements identified in Subsection 1307.07(C);
   2. A site plan that complies with the following requirements:
      1. The site plan shall be drawn at a scale of no less than one inch equaling 20 feet.
      2. The site plan shall show the location of the proposed development and the lot lines of the property on which development is proposed.
      3. The site plan shall show the location of the protected water resource. If the protected water resource is a wetland, the delineation shall be made by a qualified wetlands specialist pursuant to the Division of State Lands' recommended wetlands delineation process. For all other protected water resources, the location shall be established by a registered professional engineer or surveyor licensed by the State of Oregon.
      4. The site plan shall show the location of the WQRA, including slope and drainage information sufficient to classify the protected water resource under Table 709-1.
3. An application for a WQRA Development Permit shall include:
   1. The submittal requirements identified in Subsection 1307.07(C);
   2. The following information in a report stamped by a registered professional engineer or surveyor licensed by the State of Oregon
      1. A topographic map of the site at contour intervals of five feet or less showing a delineation of the WQRA;
      2. The location of all existing natural features including, but not limited to, all trees of a caliper greater than six inches diameter at a height of four feet, natural or historic drainages on the site, springs, seeps, outcroppings of rocks and boulders within the WQRA;
      3. Location of wetlands that qualify as primary protected water resources. Where such wetlands are identified, a delineation shall be made by a qualified wetlands specialist pursuant to the Division of State Lands' recommended wetlands delineation process;
      4. An inventory and location of existing debris, nuisance vegetation, and any noxious or hazardous materials;
      5. An assessment of the existing condition of the WQRA in accordance with Table 709-2;
      6. An inventory of vegetation, including percentage ground and canopy coverage;
      7. An Impact Evaluation and Alternatives Analysis that addresses the requirements of Subsections 709.10(A) and (B); and
      8. A mitigation plan containing the following information:
         1. A description of adverse impacts that will be caused as a result of development;
         2. An explanation of how adverse impacts to resource areas will be avoided, minimized, and/or mitigated in accordance with, but not necessarily limited to, Table 709-2;
         3. A list of all responsible parties including, but not necessarily limited to, the owner, applicant, contractor or other persons responsible for work on the subject property;
         4. A map showing where the specific mitigation activities will occur; and
         5. An implementation schedule, including a timeline for construction, mitigation, mitigation maintenance, monitoring, and reporting and a contingency plan. All in-stream work in fish-bearing streams shall be done in accordance with the Oregon Department of Fish and Wildlife in-stream timing schedule; and
4. Data from sources other than a field-verified delineation of the protected water resource may be used to satisfy the submittal requirements only if the protected water resource is not located on the subject property and access to the water resource is denied for the purposes of supplying the required delineation. In order to use alternate data, an applicant shall submit the following:
   1. A copy of a letter addressed to the owner of the property on which the protected water resource exists requesting access to the property for the purpose of completing a delineation of the protected water resource; and
   2. A copy of a return receipt from the US Postal Service verifying that the letter was mailed certified and was received or refused.

709.08 Construction Management Plans

A Construction Management Plan (CMP) shall comply with the following criteria.

1. Erosion prevention and sediment control (EPSC) measures shall be required and shall comply with the standards of the EPSC regulatory authority.
2. Orange construction fencing (i.e. safety fencing, snow fencing, or a comparable product) shall be installed on or outside the boundary of the Water Quality Resource Area (WQRA), except where the drip line of a protected tree extends outside the WQRA, in which case the drip line shall be included inside the fencing. This requirement may be modified or waived if:
   1. Disturbance of the WQRA is authorized pursuant to Subsection 709.04 or 709.10, in which case the fencing shall be installed in such a manner as to protect the area of the WQRA not authorized for disturbance; or
   2. The WQRA is already lawfully developed, in which case the fencing shall be installed in such a manner as to protect any water resource that is the basis for the WQRA designation and any area of the WQRA where naturalized vegetative cover exists.
3. Trees in the WQRA shall not be used as anchors for stabilizing construction equipment.
4. Native soils disturbed during development shall be conserved on the subject property.
5. Development shall not commence until the EPSC measures and fencing required pursuant to Subsections 709.08(A) and (B) are in place.
6. Compliance with the CMP shall be maintained until the development is complete.

709.09 Water Quality Resource Area Boundary Verification

The standards of Subsection 709.02 shall be applied to an application for Water Quality Resource Area Boundary Verification and shall determine the boundary of any WQRA on the subject property.

709.10 Water Quality Resource Area Development Permits

A Water Quality Resource Area (WQRA) Development Permit shall be approved if the applicant provides evidence substantiating compliance with the following criteria. However, if the proposed development is in a Habitat Conservation Area (HCA) regulated pursuant to Section 706, it shall comply with either Subsection 706.10 or 709.10, except that if the subject parcel contains an HCA and a WQRA and is the subject of a land use application for a partition or subdivision, the partition or subdivision shall comply with the requirements of Subsections 706.10 and 709.10, and if the provisions conflict, the most restrictive standard shall apply.

1. No practicable alternative locations exist for the requested development that will not disturb the WQRA;
2. No reasonably practicable alternative design or method of development exists that would have a lesser impact on the WQRA than the one proposed. If no such reasonably practicable alternative design or method of development exists, the development shall be conditioned to:
   1. Limit its disturbance and impact on the WQRA to the minimum extent necessary to achieve the proposed development; and
   2. Ensure that impacts to the functions and values of the water quality resource area will be mitigated or impacted areas restored to the extent practicable.
3. The WQRA shall be restored and maintained as required by Table 709-2.
4. To the greatest extent practicable, existing native vegetation shall be retained and protected;
5. Walkways and bike paths shall be subject to the following standards:
   1. Where it is not practicable to maintain a setback of greater than 30 feet from a protected water resource, a maximum of 10 percent of the total area of a gravel, earthen, tree bark product or equivalent walkway or bike path may be within 30 feet of the protected water resource.
   2. For any paved walkway or bike path, the width of the water quality resource area on the subject property shall be increased by a distance equal to the width of the paved path. Where it is not practicable to maintain a setback of greater than 30 feet from a protected water resource, a maximum of 10 percent of the total area of the walkway or bike path may be within 30 feet of the protected water resource.
   3. A walkway or bike path approved under Subsection 709.10(E)(1) or (2) shall not exceed 10 feet in width, shall not be constructed closer than 10 feet from the boundary of the protected water resource, and shall be constructed so as to minimize disturbance to existing vegetation.
6. Stormwater pretreatment facilities shall be subject to the following standards:
   1. A stormwater pretreatment facility may encroach a maximum of 25 feet into the outside boundary of the WQRA of a primary protected water resource.
   2. A stormwater pretreatment facility may encroach a maximum of five feet into the outside boundary of the WQRA of a secondary protected water resource.
   3. The area of encroachment shall be replaced by adding an equal area to the WQRA on the subject property.
   4. All stormwater shall be collected on-site and passed through a treatment facility, such as a detention/composting facility or filter as approved by the surface water management regulatory authority, prior to being discharged into the WQRA.

Table 709-2: Water Quality Resource Area Mitigation Requirements

709.11 Partitions And Subdivisions

1. A partition or subdivision of property that contains a WQRA shall require that the WQRA shall be platted as a tract or restricted development area (RDA).
2. A WQRA tract shall be designated on the final plat as one of the following where development is prohibited:
   1. A private natural area owned by a homeowners association or a private non-profit with the mission of land conservation; or
   2. A public natural area where the tract has been dedicated to a public entity.
3. A WQRA RDA shall be designated on the final plat as a private natural area where development is prohibited.
4. Notwithstanding Subsections 709.11(B) and (C), the tract or RDA may be subject to an easement conveying storm and surface water management rights to the surface water management authority.

[Amended by Ord. ZDO-230, 9/26/11; Amended by Ord. ZDO-248, 10/13/14; Amended by Ord. ZDO-283, 9/5/23]