Planning and Zoning

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]

708.01 Purpose

The Mineral and Aggregate Overlay District (MAO) carries out the decisions and policies of the Comprehensive Plan for significant mineral and aggregate resources.  The overlay assures protection of mineral and aggregate resource sites and regulates the mining of these sites to assure compatibility with nearby land uses.

708.02 Definitions

1. Aggregate:  Sand, gravel, rock, stone or similar minerals commonly used in construction.
2. Conflicting Use:  A use allowed, either outright or through a discretionary permit, in the underlying zone and in the impact area that could adversely affect protection of a resource site or mining a protected site.
3. ESEE Analysis:  The analysis of the economic, social, environmental and energy consequences of (1) allowing mining on a significant site, and (2) allowing the conflicting uses to displace mining on a significant site.  Based on the results of the ESEE analysis, the County shall determine a level of protection for the resource, and implement a program to achieve the designated level of protection.
4. Extraction Area:  The area of an identified significant resource in which mining and processing may occur.
5. Goal 5 Planning Process:  The full planning process for a Goal 5 resource, including the identification of resource sites, the determination of significant sites, the identification of conflicting uses, the analysis of ESEE consequences, the determination of the level of protection to be afforded a resource site, and the development of a program to achieve the Goal.
6. Impact Area:  The area surrounding the Extraction Area where conflicting uses are regulated to assure that the resource site is protected to some extent.  The County determines the Impact Area for each resource site.
7. Mining:  The extraction of sand, gravel, soil, rock or other similar mineral deposits.  Mining does not include excavation or grading conducted during construction, reconstruction or maintenance of public roads.  Mining does not include excavation or grading conducted in the process of farming, forestry or cemetery operations or other onsite construction when no more than 5,000 cubic yards of such minerals are removed from the property for compensation.  Mining also does not include removal of more than 5,000 cubic yards of such minerals from the property for compensation when the construction activities are authorized by a building permit.
8. Noise or Dust Sensitive Use:  A conflicting use which is primarily used for year-round habitation.  Residential structures, places of worship, hospitals, schools, public libraries, and campgrounds are considered noise or dust sensitive uses during their period of use.  Forest uses and farm uses are not noise or dust sensitive uses unless so determined based on analysis and findings adopted through the Goal 5 planning process to the effect that they satisfy this definition in more than an incidental manner.
9. Processing:  The washing, crushing, milling, screening, handling, and conveying of mineral and aggregate resources, and the batching and blending of such resources into asphalt concrete or Portland Cement Concrete.
10. Restrictive Covenant:  An enforceable promise, given by the owner of a parcel whose use and enjoyment of that parcel will be restricted in some fashion by mining activities occurring on another parcel, not to object to the lawful conduct of mining or processing.  The restrictive covenant shall be recorded in the real property records of the County, shall run with the land and shall be binding upon the heirs and successors of the parties.  The restrictive covenant shall state that the obligations imposed by the restrictive covenant shall be released when the mining and reclamation has been completed.
11. Screened Uses:  Noise sensitive uses or other uses determined to be conflicting uses through the Goal 5 planning process or scenic viewpoints or other areas designated as significant Goal 5 scenic resources.
12. Significant Site:  A site listed on the Comprehensive Plan inventory as a significant site.

M. Site Plan:  A County permit either (1) to commence mining and processing in the Extraction Area pursuant to Section 708, or (2) to commence a use permitted outright or through a discretionary permit in the underlying zone in the Impact Area.  The site plan shall include such maps, diagrams, narratives, and other writings to describe the placement of and use of all improvements, equipment, fixtures, mitigation measures, landscaping, and vehicles on site.

708.03 Applicability

The MAO District contains two elements, the Extraction Area and the Impact Area.  The boundary of the MAO District shall include all property within the mineral and aggregate resources Extraction and Impact Areas.

708.04 Extraction Area Uses

1. The County may allow the following uses, subject to Subsection 708.05 and any requirements adopted as part of the Comprehensive Plan.
   1. Mining;
   2. Processing, except the batching or blending of mineral and aggregate materials into asphalt concrete within two miles of a planted commercial vineyard existing on the date the application was received for the asphalt batch plant;
   3. Stockpiling of mineral and aggregate materials extracted and processed onsite;
   4. Temporary offices, shops or other  accessory structures used for the management and maintenance of onsite mining and processing equipment;
   5. Sale of mining products extracted and processed onsite;
   6. Storage of transportation equipment or machinery used in conjunction with onsite mining or processing; and
   7. Other activities including buildings and structures necessary and accessory to development or reclamation of the onsite mineral or aggregate resource.
2. The County may permit other uses allowed by the underlying zoning district, subject to requirements of the underlying zoning district and requirements of Section 708 for protection of significant mineral and aggregate sites.

708.05 Extraction Area Development Standards

The following standards are the basis for regulating mining and processing activities in the MAO District.  Requirements adopted as part of the Comprehensive Plan also apply to mining and processing activities in the overlay.  Before beginning any mining or processing activity, the applicant shall show compliance with these standards and requirements adopted as part of the Comprehensive Plan program.

1. Access:  Onsite roads used in mining and processing, and access roads from the Extraction Area to a public road shall meet the following standards:
   1. All access roads within 100 feet of a paved county road or state highway shall be paved, oiled, or watered.
   2. All roads in the Extraction Area shall be constructed and maintained to ensure compliance with applicable state standards for noise control and ambient air quality. 
   3. All roads in the Extraction Area shall be paved at all points within 250 feet of a noise or dust sensitive use existing on February 22, 1996.
       
2. Screening:
   1. The mining activities listed in Subsection 708.05(B)(2) shall be obscured from the view of screened uses, unless one of the exceptions in Subsection 708.05(B)(4) applies.  Screening shall be accomplished in a manner consistent with Subsection 708.05(B)(3).
   2. Mining activities to be screened:
      1. All excavated areas, except: areas where reclamation activity is being performed, internal onsite roads existing on the date of County adoption, new roads approved as part of the Site Plan Review, material excavated to create berms, and material excavated to change the level of the mine site to an elevation that provides natural screening;
      2. All processing equipment; and
      3. All equipment stored on the site.
   3. Types of screening:
      1. Natural screening is existing vegetation or other landscape features within the boundaries of the Extraction Area that obscure mining activities from screened uses.  Natural screening shall be preserved and maintained except where removed according to a mining or reclamation plan approved by DOGAMI.
      2. Supplied screening is either vegetative or earthen screening.  Supplied vegetative screening is screening that does not exist at the time of the Site Plan Review.  Plantings used in supplied vegetative screening shall be evergreen shrubs and trees, and shall not be required to exceed six feet in height when planted.  Supplied earthen screening shall consist of berms covered with earth stabilized with ground cover.
   4. Exceptions.  Supplied screening shall not be required if any of the following circumstances exist:
      1. The natural topography of the site obscures mining and processing from screened uses.
      2. Supplied screening cannot obscure mining and processing from screened uses because of local topography.
      3. Supplied vegetative screening cannot reliably be established or cannot survive due to soil, water or climatic conditions.
3. Air and Water Quality:  The discharge of contaminants and dust created by mining and processing shall comply with applicable state air quality and emissions standards and applicable state and federal water quality standards.
4. Streams and Drainage:  Mining and processing shall not occur within 100 feet of mean high water of any lake, river, perennial water body or wetland not constructed as part of a reclamation plan approved by DOGAMI unless allowed by specific provisions adopted in the Comprehensive Plan.
5. Noise:  Mining and processing shall comply with state noise control standards.  Operators may show compliance with noise standards through the report of a certified engineer that identifies mitigation methods to control noise.  Examples of noise mitigation measures are siting mining and processing using existing topography, using supplied berms, or modifying mining and processing equipment.
6. Hours of Operation:
   1. Mining and processing is restricted to the hours of 7:00 a.m to 6:00 p.m. Monday through Friday, and 8:00 a.m. to 5:00 p.m. Saturday.  Hauling and other activities may operate without restriction provided that state noise control standards are met.
   2. No operations shall take place on Sundays or the following legal holidays: New Year's Day, Memorial Day, the Fourth of July, Labor Day, Thanksgiving Day, and Christmas Day.
7. Drilling and Blasting:
   1. Drilling and blasting is restricted to the hours of 9:00 a.m. to 4:00 p.m. Monday through Friday.  No drilling or blasting shall occur on Saturdays, Sundays, or the following legal holidays: New Year's Day, Memorial Day, the Fourth of July, Labor Day, Thanksgiving Day, and Christmas Day.
   2. Notice of blasting events shall be posted at the Extraction Area in a manner calculated to be seen by landowners, tenants, and the public at least 48 hours prior to the blasting event.  In the case of ongoing blasting activities, notice shall be provided once each month for the period of blasting activities, and specify the days and hours when the blasting event is expected to occur.
8. Surface and Ground Water:  Surface and ground water shall be managed in a manner that meets all applicable state water quality standards and DOGAMI requirements.  The applicant shall demonstrate that all water necessary for the proposed operation has been appropriated to the site and is legally available.
    
9. Compliance with Special Conditions:  The County may impose additional, special conditions to resolve issues specific to an individual site.  The conditions shall be specified in the site-specific program to achieve the Goal adopted as part of the Comprehensive Plan.
10. Security:  The permittee shall fence the Extraction Area boundary between the mining site and any parcel where dwellings are a principal use.  Fencing shall be a cyclone type fence a minimum of six feet high.
11. Performance requirements:
    1. The mining operator shall maintain DOGAMI and other state agency permits.
    2. The mining operator shall carry a comprehensive general liability policy covering mining, and incidental activities during the term of operation and reclamation, with an occurrence limit of at least $500,000.  A certificate of insurance for a term of one year shall be deposited with the County prior to the commencement of mining and a current certificate of insurance shall be kept on file with the County during the term of operation and reclamation.

708.06 Reclamation

1. No mining shall begin until the permittee provides the County with a copy of an Oregon Department of Geology and Mineral Industries (DOGAMI) Operating Permit or exemption in accordance with Oregon Revised Statutes (ORS) 517.750 through 517.900 and the rules adopted thereunder.
2. The County's jurisdiction over mined land reclamation is limited to determining the subsequent beneficial use of mined areas, ensuring that the subsequent beneficial use is compatible with the Comprehensive Plan and this Ordinance, and ensuring that mine operations and reclamation activities are consistent with the program to achieve the Goal adopted as part of the Comprehensive Plan.
3. The County shall coordinate with DOGAMI to ensure compatibility between DOGAMI and the County in the following manner.
   1. When notified by DOGAMI that an operator has applied for reclamation plan and an Operating Permit, the County shall inform DOGAMI whether Site Plan Review approval by the County is required.
      1. If Site Plan Review approval is required, the County shall request that DOGAMI delay final action on the application for approval of the reclamation plan and issuance of the Operating Permit until after Site Plan Review approval has been granted.
      2. If Site Plan Review approval is not required, the County shall so notify DOGAMI and the County shall review the proposed reclamation plan and Operating Permit during DOGAMI's notice and comment period.
   2. When reviewing a proposed reclamation plan and Operating Permit application circulated by DOGAMI, the County shall review the plan against the following criteria:
      1. The plan provides for rehabilitation of mined land for a use specified in the Comprehensive Plan, including subsequent beneficial uses identified through the Goal 5 planning process.
      2. The reclamation plan and surface mining and reclamation techniques employed to carry out the plan comply with the standards of Subsection 708.05.
      3. Measures are included which will ensure that other significant Goal 5 resources determined to conflict with mining will be protected in a manner consistent with the Comprehensive Plan.

708.07 Extraction Area Permits

1. An Extraction Area Permit shall require review as a Type I application pursuant to Section 1307, to the extent that Section 1307 is consistent with the requirements of ORS 197.195 and 215.425.
2. An Extraction Area Permit shall be subject to Sections 708, 1006, and 1010, and the requirements of the site-specific program to achieve Goal 5 adopted as part of the Comprehensive Plan.

708.08 Impact Area Uses And Permits

1. Uses Permitted Outright:  Outright permitted uses and discretionary uses in the underlying zoning district, except noise or dust sensitive uses or conflicting uses, shall be permitted subject to the standards and criteria of the underlying zoning district.
2. Uses Allowed Conditionally:  Noise or dust sensitive uses and conflicting uses shall be reviewed subject to the standards and criteria of the underlying zoning district and the approval criteria of Section 708.
3. Prohibited Uses:  The County shall not allow uses in the Impact Area which it identified in the Goal 5 planning process as incompatible in all instances with protection of the resource site or mining and processing.
4. Review Procedures and Approval Criteria:  Uses allowed conditionally in the Impact Area shall require an Impact Area Permit, which shall require review as a Type I application pursuant to Section 1307, and shall be subject to the following standards and criteria:
   1. The proposed use meets the standards of the underlying zoning district.
   2. The proposed use meets the clear and objective conditions imposed on noise or dust sensitive uses and conflicting uses by the Goal 5 planning process and Section 708.
   3. The proposed use will not cause the mining operation that is otherwise lawfully operating to violate any applicable standards of Section 708 or the requirements of a site-specific program to achieve Goal 5.
   4. Approval of any new noise or dust sensitive use or conflicting use in the Impact Area shall be conditioned upon execution of a restrictive covenant in favor of the mining use to the effect that the use will not cause the mining operation to violate any applicable standards of Section 708 or requirements of a site-specific program to achieve Goal 5.

708.09 Termination Of The Mineral And Aggregate Overlay District

When a significant site has been fully mined and reclamation has been completed, the County shall remove the site from the Comprehensive Plan inventory and rezone the property to remove the MAO District.  The Comprehensive Plan amendment and zone change shall be initiated by the County or the owner or contract purchaser of the property comprising the Extraction Area.  If a restrictive covenant is imposed within the MAO District, it shall state that the obligations imposed expire upon the termination of the MAO District.

[Amended by Ord. ZDO-248, 10/13/14; Amended by Ord. ZDO-266, 10/2/18]

707.01 Purpose

Section 707 is adopted to:

1. Implement the goals and policies of the Comprehensive Plan for Historic Landmarks, Districts, and Corridors;
2. Promote the public health, safety, and general welfare by safeguarding the County's heritage as embodied and reflected in its historic resources; 
3. Provide for the identification, protection, enhancement, and use of sites, structures, corridors, objects, and buildings within the County that reflect special elements of the County's architectural, archeological, artistic, cultural, engineering, aesthetic, historical, political, social, and other heritage;
4. Facilitate restoration and upkeep of historic buildings, structures or other physical objects or geographical areas;
5. Encourage public knowledge, understanding and appreciation of the County's history and culture;
6. Foster community and neighborhood pride and sense of identity based on recognition and use of cultural resources;
7. Promote the enjoyment and use of historic and cultural resources appropriate for the education and recreation of the people of the County;
8. Preserve diverse architectural styles reflecting phases of the County's history; and encourage complimentary design and construction impacting cultural resources;
9. Enhance property values and increase economic and financial benefits to the County and its inhabitants;
10. Identify and resolve conflicts between the preservation of cultural resources and alternative land uses; and
11. Integrate the management of cultural resources and relevant data into public and private land management and development processes.

707.02 Applicability

1. Section 707 applies to designated Historic Landmarks, Historic Districts, and Historic Corridors.
2. Historic Landmark: A site, structure, or object may be zoned Historic Landmark if it is listed on the National Register of Historic Places, or if it is rated as significant under the County's procedure for evaluating historic resources under the specific architectural, environmental, and historic association criteria.  A site or structure must receive a minimum of 40 points under the following criteria to be considered for Historic Landmark status:
   1. Architectural Significance
      1. It is an early (50 years or older), or exceptional, example of a particular architectural style, building type, or convention.  (up to 10 points)
      2. It possesses a high quality of composition, detailing, and craftsmanship.  (up to 4 points)
      3. It is a good, or early, example of a particular material or method of construction.  (up to 4 points)
      4. It retains, with little or no change, its original design features, materials, and character.  (up to 7 points)
      5. It is the only remaining, or one of the few remaining, properties of a particular style, building type, design, material, or method of construction.  (up to 10 points)
   2. Environmental Significance
      1. It is a conspicuous visual landmark in the neighborhood or community.  (up to 10 points)
      2. It is well-located considering the current land use surrounding the property, which contributes to the integrity of the pertinent historic period.  (up to 4 points)
      3. It consists of a grouping of interrelated elements including historic structures, plant materials and landscapes, viewsheds and natural features.  (up to 10 points)
      4. It is an important or critical element in establishing or contributing to the continuity or character of the street, neighborhood, or community.  (up to 7 points)
   3. Historical Significance
      1. It is associated with the life or activities of a person, group, organization, or institution that has made a significant contribution to the community, state, or nation.  (up to 10 points) 
      2. It is associated with an event that has made a significant contribution to the community, state, or nation.  (up to 10 points)
      3. It is associated with, and illustrative of, broad patterns of cultural, social, political, economic, or industrial history in the community, state, or nation.  (up to 10 points)
      4. It possesses the potential for providing information of a prehistoric or historic nature.  (up to 10 points)
3. Historic District:  Criteria for designation of a Historic District on the County zoning and Comprehensive Plan maps are as follows:
   1. The area is listed as a National Register Historic District; or
   2. The area includes a significant concentration or linkage of sites, buildings, structures, objects or landscapes which are unified visually by style, plan, or physical development and distinguished by association with historic periods, events, people, or cultural trends; and
   3. The area is of sufficient size and scope, and the component parts are cohesive enough to adequately represent, demonstrate, or commemorate the significant historic period, event, people, or trend; and
   4. A substantial number of the component parts within the area are exceptionally well preserved.
4. Historic Corridor:  Property designated as a Historic Corridor on the County zoning and Comprehensive Plan maps shall satisfy one or both of the following criteria:
   1. The property, site, trail, roadway, or rail corridor is associated with events that have made a significant contribution to the broad patterns of our history or are likely to yield additional information in the future, categorized under one or more of the following theme areas:
   2. archeology and prehistory;
   3. exploration;
   4. western migration;
   5. settlement;
   6. agriculture;
   7. commerce and industry;
   8. transportation technology;
   9. government, politics, and military activities; and
   10. culture.
   11. The property or site is necessary to provide for the continuity of, or future use of, the historic trail, roadway, or rail corridor.
5. Contributing Resource:
   1. Criteria for designation of a site, object, structure, or landscape feature as a contributing resource are as follows:
      1. The resource is or, at the time the designation becomes effective, will be within a Historic District or Historic Corridor; and
      2. The resource is 50 years old or older, may have received alterations, but retains its overall physical integrity, or is of special architectural or environmental or cultural significance; and
      3. The resource contributes to the integrity of the Historic District or Historic Corridor; and
      4. The resource does not merit landmark designation; and
      5. The resource is compatible with landmarks in the district or corridor considering overall proportions, scale, architectural detail and materials.
   2. Contributing resources shall be identified upon the creation of a Historic District or Historic Corridor and a list shall be created containing the same information for each resource as is required for landmarks.

707.03 Barlow Road Historic Corridor

1. Intent:  Subsection 707.03 is intended to provide for the preservation and protection of the Barlow Road Historic Corridor.  The intent is to preserve the privacy of private property owners along the Barlow Road Historic Corridor.  There is no intent by the County to condemn private property now or in the future.
2. The Barlow Road Historic Corridor is defined by the Barlow Road Background Report and Management Plan maps and shown on Comprehensive Plan Map 3-2.  Within the corridor, the following provisions shall apply:
   1. The Barlow Road Historic Corridor is defined as a 40-foot-wide historic corridor as shown on the Clackamas County assessor maps, identified through the Barlow Road Survey Project 1991-1992, and adopted through the historic corridor designation process within the provisions of Section 707.  In the Government Camp area, north of Highway 26, the historic corridor width is 20 feet.
   2. Third priority property segments shall be allowed to develop for primary uses allowed in the underlying zoning district.  Significant development shall be reviewed as described in Subsection 707.03(B)(3).  Where physical evidence of the Barlow Road exists, property owners are encouraged to preserve the evidence.
   3. The Historic Review Board shall review and make recommendations pertaining to proposed significant development within the historic corridor.  Significant development shall include:  zone change, conditional use, and subdivision applications; commercial, industrial, and multifamily development applications; and mining and gravel extraction. The recommendation shall be made to the review authority, identified pursuant to Table 1307-1, for the significant development.  A site analysis shall be submitted for any significant development by the applicant indicating potential impacts to the historic corridor.  To the maximum practicable extent, the historic corridor shall be protected as open space.  Where physical evidence of the Barlow Road exists, such as wagon ruts, such evidence shall not be disturbed by development unless it is shown that the property cannot be developed if the historic corridor is preserved.
   4. Where road segments include portions of a County road, the Historic Review Board shall review and make recommendations to the County about any proposed right-of-way expansion or realignment to ensure that original features of the Barlow Road are retained where possible.
   5. Where State Highways are aligned with the Barlow Road Historic Corridor, proposed right-of-way expansion or realignment will be reviewed as outlined under Subsection 707.06, when historic resource sites identified in the Clackamas County Cultural Resources Inventory, Barlow Road Survey Project or other identified potential sites may be impacted.
   6. Within the Highest and Secondary Priority Barlow Road Historic Corridor as defined on the Clackamas County assessor maps, the following activities are prohibited:  structural development, mining, highway or road building, cultivation, utility line/pipeline development, vehicular use, and other uses which would cause major surface disturbance to the road remains.  Limited disturbance to the corridor shall be allowed when necessary to service the underlying use, such as sewer and utility lines. 
      
      Where the corridor has been used by vehicles, continued use is allowed.  Maintaining driveways by repairing the driving surface is allowed.  All attempts to preserve the historic road contour should be made when undergoing maintenance activities. 
      
      Where Highest and Secondary priority road segments include portions of a County or State road, the Historic Review Board shall review any proposed right-of-way expansion or realignment.  To the maximum practicable extent, the Barlow Road alignment and historic landscape should be retained.
      
      A variance application can be made to allow development in rare cases under Subsection 1205.02.
      
      Normal maintenance activities are allowed such as clearing brush and fallen trees from the historic corridor and removing other objects foreign to the route.

707.04 Uses Permitted

1. Primary Uses:  A Historic Landmark or properties within a Historic District or Historic Corridor may be used for any use which is allowed in the underlying zoning district, including home occupations, provided such use is not detrimental to the preservation of the historic resource, subject to the specific requirements for the use, and all other requirements of Section 707.
2. Conditional Uses:  In urban and rural zoning districts, uses listed in Subsection 707.04(B)(2), which are not otherwise allowed in the underlying zoning district, are conditional uses, approval of which is subject to Section 1203, Conditional Use
   1. In addition, the following criteria apply:
      1. The use will preserve or improve a resource which would probably not be preserved or improved otherwise;
      2. The use will not require the extension or development of urban services in rural areas;
      3. The use will not adversely affect surrounding natural resource uses; and
      4. The use will utilize existing structures rather than new structures, except where new structures are determined by the Historic Review Board to be in the best interest of preserving the historic resource.  All structures of any form or size, including new structures, shall satisfy Subsection 707.06.
   2. The following conditional uses may be permitted.  In addition, uses similar to one or more of the listed uses may be authorized pursuant to Section 106, Authorizations of Similar Uses.
      1. Art and music studios;
      2. Galleries;
      3. Offices;
      4. Craft shops;
      5. Bed and breakfast residences and inns, subject to Section 832;
      6. Gift shops;
      7. Museums;
      8. Catering services;
      9. Book stores;
      10. Boutiques;
      11. Restaurants;
      12. Antique shops;
      13. Community centers for civic or cultural events; and
      14. In the RA-1 District, replacement of a historic landmark dwelling with an additional dwelling on the same site and continued use of the existing dwelling for residential purposes, provided: 
          1. The existing dwelling is listed individually on the National Register of Historic Places or on state and local registers as a Historic Landmark;
          2. The existing dwelling is maintained under an approved plan for rehabilitation (e.g. Secretary of Interior guidelines); and
          3. There is a recorded deed recognition statement with the County that the additional dwelling is authorized only for the duration of the historic resource and to inform subsequent purchasers. 

707.05 Historic Review Board

A Historic Review Board shall be established pursuant to Subsection 1307.03 and shall have the following responsibilities:

1. Carry out the duties described for it in Section 707 and otherwise assist the Board of County Commissioners on historic preservation matters;
2. Review and make recommendations on proposals to alter the exterior of a Historic Landmark or primary, secondary, or contributing structure within a Historic District or Historic Corridor, subject to Subsection 707.06;
3. Review and make recommendations on all proposed new construction within a Historic District or Corridor, or on property on which a Historic Landmark is located, subject to Subsection 707.06;
4. Review and make recommendations on all applications referred by the Board of County Commissioners, Hearings Officer, Planning Commission, or Design Review Committee;
5. Review and make recommendations on all applications for zoning of a Historic Landmark, a Historic District, or a Historic Corridor, subject to Subsections 707.02 and 707.06;
6. Review and make recommendations on all requests for moving or demolition of a Historic Landmark, subject to Subsection 707.06;
7. Review and make recommendations to the Hearings Officer on all conditional use applications under Subsection 707.04(B);
8. Review and make recommendations on all partitions and subdivisions of designated properties, subject to Subsection 707.06;
9. Disseminate information to educate the public as to state and federal laws protecting antiquities and historic places;
10. Act as a coordinator for local preservation groups, educational workshops, signing and monumentation projects, and other similar programs;
11. Advise interest groups, agencies, boards, commissions, and community members on matters relating to historic preservation within the County;
12. Ensure that information on inventoried historic properties is updated and maintained; and
13. Continue to add to the Clackamas County Cultural Resources Inventory when appropriate.

707.06 The Review Process

Subsection 707.06 applies to all Historic Landmarks, properties within Historic Districts and Historic Corridors, and contributing resources therein.

1. Designation and Zoning:  Comprehensive Plan designation and zoning of a Historic Landmark, Historic District, or Historic Corridor shall be subject to the procedures identified in Section 1307 for Comprehensive Plan amendments and zone changes, respectively.  In addition:
   1. The Historic Review Board shall evaluate proposed designation and zoning of a Historic Landmark, Historic District, or Historic Corridor and shall make a recommendation to the Board of County Commissioners.
   2. Pending Permits:  No building permit for altering or moving any proposed Historic Landmark or any building within an area proposed for designation as a Historic Landmark, Historic District, or Historic Corridor, shall be issued while any advertised public hearing or any appeal affecting the proposed designation of the area or building is pending.  In addition, demolition of a building affected by a pending public hearing or appeal under Subsection 707.06(A) shall be a violation of this Ordinance.
2. Application Requirements:
   In addition to the submittal requirements identified in Subsection 1307.07(C), applications for alteration and development shall include:
   1. A written description of the boundaries of the proposed Historic District, if applicable, or the location of the site;
   2. A map illustrating the boundaries of the proposed Historic District, if applicable, or the location of the site;
   3. A list of exterior materials pertinent to the application request;
   4. Drawings of elevations of affected structure(s):
      1. Drawings shall indicate dimensions and be to scale.
      2. Photographs may be used in lieu of drawings for small projects.
   5. Floor plans of affected structure(s); and
   6. Site plan showing relationship of structure(s) to roadways, parking areas, access drives, landscape features, plant materials, fences, and other pertinent elements, drawn to scale.
3. Alteration and Development:
   1. Maintenance:  The normal responsibilities of the property owner to care, repair, and replace with like materials shall be reviewed as a Type I application pursuant to Section 1307.  Normal maintenance may include but not be limited to:
      1. Painting and related preparation of the structure. Original paint colors or colors appropriate to the historic period should be used on Historic Landmark buildings;
      2. Repair and/or replacement of roofing materials with the same kind of roof materials existing;
      3. Grounds care and maintenance required or the permitted use on the property;
      4. Replacement of fences, shrubs, or other yard fixtures or landscaping with like type and/or style;
      5. Existing materials may be replaced in kind for a small portion of either building or grounds because of damage or decay of materials; and
      6. Installation and maintenance of irrigation systems.
   2. Minor Alterations:  Minor alterations shall be reviewed as Type II applications pursuant to Section 1307.  In addition, the review authority may consult with the Historic Review Board, or any member thereof, in applying the provisions of Subsection 707.06(C)(2).  An alteration shall be considered minor when the result of the proposed action is to restore portions of the exterior to the original historic appearance while performing repairs, such as:
      1. Addition of gutters and downspouts;
      2. Repairing or providing a compatible new foundation that does not result in raising or lowering the building elevation;
      3. Change in material to match original type of material on the structure or grounds;
      4. Change in type of roof material in character with the original roofing material; and
      5. Replacement of storm windows or doors.
   3. Major Alterations:  Major alterations shall be reviewed as Type II applications pursuant to Section 1307.  Approval of an application for a major alteration shall be subjectto the following criteria for rehabilitation:
      1. A property shall be used for its historic purpose or be placed in a new use that requires minimal change to the defining characteristics of the building and its site and environment.
      2. The historic character of a property shall be retained and preserved.  The removal of historic materials or alteration of features and spaces that characterize a property shall be avoided.
      3. Each property shall be recognized as a physical record of its time, place, and use.  Changes that create a false sense of historical development, such as adding conjectural features or architectural elements from other buildings, shall not be undertaken.
      4. Most properties change over time; those changes that have acquired historic significance in their own right shall be retained and preserved.
      5. Distinctive features, finished, and construction techniques or examples of craftsmanship that characterize a historic property shall be preserved.
      6. Deteriorated historic features shall be repaired rather than replaced.  Where the severity of deterioration requires replacement of a distinctive feature, the new feature shall match the old in design, color, texture, and other visual qualities and, where possible, materials.  Replacement of missing features shall be substantiated by documentary, physical, or pictorial evidence.
      7. Chemical or physical treatments, such as sandblasting, that cause damage to historic materials shall not be used.  The surface cleaning of structures, if appropriate, shall be undertaken using the least damaging or gentlest means possible.
      8. Significant archeological resources affected by a project shall be protected and preserved.  If such resources must be disturbed, mitigation measures shall be undertaken.
      9. New additions, exterior alterations, or related new construction shall not destroy historic materials that characterize the property.  The new work shall be differentiated from the old and shall be compatible with the massing, size, scale, and architectural features to protect the historic integrity of the property and its environment.
      10. New additions and adjacent or related new construction shall be undertaken in such a manner that if removed in the future, the essential form and integrity of the historic property, including historic plant materials, and its environment would be unimpaired.
   4. New Construction:  Applications for proposed structures on a Historic Landmark site, or within a Historic District or Historic Corridor shall be reviewed as Type II applications pursuant to Section 1307.  Approval of an application shall be subject to the following criteria:
      1. The design of the proposed structure is compatible with the design of the landmark building(s) on the site or in the district or corridor considering scale, style, height, and architectural detail, materials, and colors.
      2. The location and orientation of the new structure on the site is consistent with the typical location and orientation of similar structures on the site or within the district or corridor, considering setbacks, distances between structures, location of entrances, and similar siting considerations.
      3. Changes to yard areas including planters, fences, ponds, walkways and landscape materials should be compatible with the overall historic setting.
      4. Scale of commercial use:  Individual permitted uses shall be of a scale appropriate to serve properties surrounding the historic overlay.
   5. Maximum Building Floor Space:  Commercial uses approved pursuant to Subsection 707.04(B)(2) are subject to the following standards:
      1. In an unincorporated community other than Government Camp, the maximum building floor space per commercial use shall be 4,000 square feet except that no maximum applies to uses intended to serve the community and surrounding rural area or the travel needs of people passing through the area. 
      2. In Government Camp, the maximum building floor space per commercial use shall be 8,000 square feet except that no maximum applies to uses intended to serve the community and surrounding rural area or the travel needs of people passing through the area
      3. Outside both an unincorporated community and an urban growth boundary, the maximum building floor area per commercial use shall be 3,000 square feet.  However, a lawfully established commercial use that existed on December 20, 2001, may expand to occupy a maximum of 3,000 square feet of building floor space or 25 percent more building floor space than was occupied by the use on December 20, 2001, whichever is greater.
   6. Partitions and Subdivisions:  The Historic Review Board shall review and make recommendations on proposed partitions or subdivisions of sites designated as a Historic Landmark site or located within a Historic District or Historic Corridor.  The recommendation shall be made to the review authority, identified pursuant to Table 1307-1, for the partition or subdivision application.  Review of proposed subdivisions or partitions shall be subject to the following criteria:
      1. The partition or subdivision does not allow a significant feature of the original site, as identified in the designation action and inventory, to be located on a separate site from the landmark.
      2. The partition or subdivision allows adequate setbacks from landmark improvements to provide for buffering and mitigation of impacts associated with development of the new parcels.
      3. Yard and landscaped areas including large trees and shrubs associated with the Historic Landmark structure shall be retained with the structure whenever possible.
   7. Modifications to Certain Regulations: Regulations pertaining to signs, fence and wall provisions, general provisions regarding height, yards, area, lot width, frontage, depth, coverage, number of off-street parking spaces required, and regulations prescribing setbacks may be modified, if the modifications:
       
      1. Are necessary to preserve the historic character, appearance or integrity of the proposed Historic Landmark, Historic District or Historic Corridor; and
          
      2. Are in accordance with the purposes of the zoning and sign regulations.
4. Moving or Demolition of a Historic Landmark or Contributing Resource:  No building identified as a primary, secondary, or contributing structure within a Historic District or Corridor, or designated as a Historic Landmark, shall be intentionally moved or demolished, unless approval is granted pursuant to Subsection 707.06(D).  Moving or demolition of a Historic Landmark or Contributing Resource shall be reviewed as a Type II application pursuant to Section 1307.  In addition:
   1. The applicant shall prepare and submit a plan for preservation of the Historic Landmark prior to filing an application for moving or demolition.
      1. The preservation plan shall include a narrative describing how the applicant will accomplish the following:
         1. Advertise the resource in local, regional, and historic preservation newspapers of general circulation in the area once per week during the pre-application period and shall provide evidence of such advertising;
         2. Give public notice by placing a sign on the subject property informing the public of intended action which will remove or demolish the structure and including the County department and telephone number to call for further information.  The sign shall remain on the subject property until a permit is issued.;
         3. Prepare and make available information related to the history and sale of the subject property to all who inquire;
         4. Provide information regarding the proposed use for the Historic Landmark site; and
         5. Keep a record of the parties who have expressed an interest in purchasing or relocating the structure.  To ensure that an adequate effort has been made to secure a relocation site, the applicant shall provide a list of property locations and owners who were contacted regarding purchase of a relocation site.
      2. Following receipt of the preservation plan, the Planning Director shall issue a media release to local and state newspapers of general circulation in the County.  The media release shall include, but not be limited to, a description of the significance of the Historic Landmark, the reasons for the proposed moving or demolition, and the possible options for preserving the Historic Landmark.
   2. Approval of an application to move a Historic Landmark or contributing resource shall be subject to the following criteria:
      1. Relocation is the only alternative for preservation of the Historic Landmark or contributing resource;
      2. The proposed relocation site will not greatly reduce the historical and/or architectural significance of the Historic Landmark or contributing resource; the site is a contextually appropriate setting; it is within the County and preferably within the neighborhood within which it is currently located;
      3. The designated resource cannot reasonably be used in conjunction with the proposed use;
      4. The continued location of the landmark or contributing resource on the proposed development site precludes development on the site which would provide a greater community benefit;
      5. The designated landmark or contributing resource is structurally capable of relocation;
      6. If the landmark or contributing resource is relocated within the County, the owner of the relocation site agrees, as a condition of the purchase agreement, to apply within 90 days of relocation to the County for designation as a Historic Landmark, to be protected under the provisions of Section 707;
      7. The loss of the landmark or contributing resource will not affect the integrity of the Historic District or Historic Corridor; and
      8. Adequate effort has been made to seek a relocation site within the Historic District or Corridor.
   3. The review authority for an application to demolish a Historic Landmark or contributing resource within a Historic District or Historic Corridor shall consider the following:
      1. All plans, drawings, and photographs submitted by the applicant;
      2. Information presented at the public hearing concerning the proposed work; proposal;
      3. The Comprehensive Plan;
      4. The purposes of Section 707 as set forth in Subsection 707.01;
      5. The criteria used in the original designation of the Historic Landmark, Historic District, or Historic Corridor in which the property under consideration is situated;
      6. The historical and architectural style, the general design, arrangement, materials of the structure in question, or its appurtenant fixtures; the relationship of such features to the other buildings within the district or corridor; and the position of the building in relation to public rights-of-way and to other buildings and structures in the area;
      7. The effects of the proposed work upon the protection, enhancement, perpetuation, and use of the district or corridor which cause it to possess a special character or special historical or aesthetic interest or value;
      8. Whether suspension of the proposed demolition will involve substantial hardship to the applicant, and whether approval of the request would act to the substantial detriment of the public welfare and would be contrary to the intent and purposes of Section 707; and
      9. When applicable, the findings of the building official in determining the status of the subject building as a dangerous building under County Code Chapter 9.01, Uniform Code for the Abatement of Dangerous Buildings, and the feasibility of correcting the deficiencies to meet the requirements of the building official rather than demolishing the building.
   4. The application may be approved in consideration of Subsections 707.06(D)(2) and (3).
   5. The application may be suspended, if, in the interest of preserving historic values for public benefit, the building should not be moved or demolished.
   6. If the application is suspended, the written decision shall be transmitted to the building official along with a request that the enforcement of any applicable Notice and Order of the building official be stayed during the pendency of an appeal, or for a period of not more than 60 days from the date of the suspension decision.  During this stay of moving or demolition, the following actions may be taken:
      1. The building official may require the owner or other party responsible for the subject building to take appropriate actions, other than demolition, to protect the public from hazardous conditions associated with the building.
      2. The applicant may be required to continue to carry out the pre-application plan activities through the entire stay of moving or demolition.
      3. The Historic Review Board may research programs or projects underway which could result in public or private acquisition of the subject building and site, and assess the potential for the success of these programs or projects.
         1. If the Historic Review Board determines that there are reasonable grounds to believe that such program or project may be successful, it may extend the suspension period up to 30 additional days per extension, not to exceed a total of 120 days from the date of the decision suspending the application.
         2. If the Historic Review Board determines that all such programs or projects are unlikely to be successful, and the applicant has not withdrawn his application or taken appropriate alternative action to correct the hazards associated with the subject building as provided in a Notice and Order of the building official, then, at the end of the suspension period, the Planning Director may issue a permit for moving or demolition, subject to all other applicable regulations.
   7. When moving or demolition is imminent, whether by direct approval or if efforts during the pre-application preservation plan and suspension period are unsuccessful, the following complete documentation of the structure(s) is required to be submitted to the County by the applicant:
      1. Floor plans to scale of the structure(s) and related structures;
      2. Site plan to scale showing surrounding roadways, landscaping, natural features, structure(s), and related structures;
      3. Drawings to scale or photographs of all exterior elevations;
      4. Photographs of architectural detail not shown in elevation photographs; and
      5. The Historic Preservation League of Oregon or local preservation group to be given opportunity to salvage and record the resource.
   8. A moving or demolition permit for a landmark found to comply with Subsection 707.06(D) shall not be issued until all development permit applications for the new use or development have been approved by the County.

[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-266, 5/23/18; Amended by Ord. ZDO-280, 10/23/21]

703.01 Findings of Fact

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

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

703.02 Purpose

Section 703 is adopted to:

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

703.03 Warning And Disclaimer Of Liability

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

703.04 Applicability

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

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

703.05 Definitions

The following definitions apply to Section 703:

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

N. Flood:

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

a.  The overflow of inland or tidal waters.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

EE.  Recreational Vehicle: A vehicle which is:

1.  Built on a single chassis;

2.  400 square feet or less when measured at the largest horizontal projection;

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

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

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

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

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

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

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

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

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

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

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

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

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

703.06 Type I Uses

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

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

703.07 Development in the Floodway

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

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

703.08 Duties of the Planning Director

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

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

703.09 Floodplain Development Permits

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

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

703.10 General FMD Standards

Development in the FMD shall comply with the following standards:

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

703.11 Specific Standards

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

703.12 Exception

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

703.13 Variances

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

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

702.01 Purpose

The intent of the Open Space Management (OSM) District is to preserve and manage the County's committed open space resources for the benefit, health, and welfare of the people. These resources provide the community with recreation areas, help satisfy a need for contrast with the built environment, protect natural areas and provide areas of quiet contemplation and enjoyment of the natural environment.

702.02 Areas Of Application

The OSM District shall apply to those areas identified as urban on the Comprehensive Plan and Mount Hood Community Plan maps, in Metro's Urban Reserve Areas, or identified in the Metropolitan Greenspaces Master Plan.

1. Parks, whether existing, acquired, or dedicated in the future (see Section 1011 for dedication requirements);
2. Other public and private recreation areas, including school playgrounds and golf courses;
3. Cemeteries;
4. Unique or distinctive natural areas which have been either dedicated to the public or preserved through an easement; and
5. Natural areas in Metro's Urban Reserve Areas or identified in the Metropolitan Greenspaces Master Plan, when under public or common ownership.

702.03 Primary Uses

1. Public and private outdoor recreation facilities, and parks, including covered but not enclosed areas. Such facilities may include ball fields, swimming pools, play equipment, driving ranges, tennis courts, community gardens, fountain courts, and plazas, provided such uses and facilities are not intended for the purpose of obtaining a commercial profit. These uses are allowed in the urban area and urban services areas. Outside the urban areas these uses are subject to Subsection 702.05;
2. Nature trails, bird sanctuaries, nature conservancies, and other similar natural areas provided such uses are not intended for the purpose of obtaining a commercial profit;
3. Cemeteries;
4. Utility cabinets, subject to Section 830, Utility Cabinets;
5. Utility facilities, except utility lines, in road rights-of-way;
6. Utility lines, except as established by Subsections 702.05(F) and (G);
7. Stormwater management facilities. In the Clackamas River flood plain: surface water management biofiltration ponds and surface water pollution reduction facilities that minimize impact on the natural environment;
8. Areas suitable for flood storage and flood mitigation purposes; and
9. Wetland mitigation and enhancement facilities.

702.04 Accessory Uses

1. Accessory uses listed under Subsection 702.04(B) may be allowed, provided that any structure shall be designed and integrated into the site by:
   1. Minimizing visual impacts by landscaping; and
   2. Providing skirting for manufactured dwellings, residential trailers, recreational vehicles, and other structures that do not have a continuous foundation.
2. Accessory uses permitted subject to the above conditions include:
   1. A caretaker's dwelling;   
   2. Restroom and locker room facilities;   
   3. Information and interpretive centers;
   4. Pro shops and other concession sales uses incidental to a primary use, provided the combined total area devoted to this use does not exceed 500 square feet; and
   5. Maintenance buildings associated with a primary use;
3. Parking and loading areas;  
4. Bus and mass transit shelters;  
5. Security facilities, such as lights, gates, and fences;   
6. Clubhouses and lodges;   
7. Cemetery office buildings, crematories, and mausoleums in conjunction with a cemetery.  Crematories are subject to Section 808, Cemeteries and Crematories;  
8. Rainwater collection systems;
9. Solar collection systems;
10. Electric vehicle charging stations;
11. Stormwater management facilities;
12. Utility service equipment; and
13. Utility service lines.

702.05 Conditional Uses

The following are conditional uses in the OSM District, approval of which is subject to Section 1203, Conditional Uses.   

1. Indoor recreation facilities, meeting rooms, interpretive centers, and other similar uses provided such uses are not intended for the purpose of obtaining a commercial profit;
2. Fire stations, public schools, and libraries when associated with open space or recreational facilities;
3. Places of worship, subject to Section 804;
4. Pro shops and other concession sales uses incidental to a primary use exceeding the area standards of Subsection 702.04(B)(4);
5. Water treatment facilities and other utility facilities that exceed the limitations of primary uses in Subsection 702.03;
6. Gas transmission lines;
7. Electric transmission lines;
8. Utility carrier cabinets that do not comply with Section 830, Utility Carrier Cabinets, and are outside a road right-of-way; and
9. Any use customarily provided in public or private recreation areas.

702.06 Development Standards

Development in the OSM District is subject to the applicable provisions of Sections 1000, Development Standards, and 1100, Development Review Process.  In addition, improvements shall comply with the following standards:

1. Landscape the site to produce a setting appropriate to its function.
2. Provide an efficient internal circulation system and facilities layout plan.
3. Maximize access for pedestrians, bicyclists, transit riders, and people with disabilities in active recreation areas.
4. Provide conveniences for users with disabilities.
5. In the case of parks, conform to the classifications and standards in Comprehensive Plan Table 9-1.
6. Locate principal and accessory buildings a minimum of 10 feet from any lot in a residential zoning district.
7. Community and Design Plans:  Development within a Community or Design Plan area identified in Chapter 10, Community Plans and Design Plans, of the Comprehensive Plan shall comply with the specific policies and standards for the adopted Community or Design Plan. 

[Amended by Ord. ZDO-224, 5/31/2011; Amended by Ord. ZDO-248, 10/13/2014; Amended by Ord. ZDO-268, 10/2/2018; Amended by Ord. ZDO-287, 8/3/2023; Amended by Ord. ZDO-288, 9/9/2024]

701.01 Purpose

Section 700 is adopted to implement the Comprehensive Plan policies for special areas identified by the State or County which require protection from incompatible development.

[Amended by Ord. ZDO-224, 5/31/11]

701.02 Overlay Zones

With the exception of the Open Space Management District and the Government Camp Open Space Management District, all of the districts in Section 700 are overlay zones which modify or limit the development permitted in the underlying zoning district.

[Amended by Ord. ZDO-224, 5/31/11]

604.01Purpose

Section 604 is adopted to implement the policies of the Comprehensive Plan for Rural Industrial areas.

604.02Applicability

Section 604 applies to land in the Rural Industrial (RI) District.

604.03Uses Permitted

Uses permitted in the RI District are listed in Table 604-1, Permitted Uses in the RI District.  In addition, uses similar to one or more of the listed uses may be authorized pursuant to Section 106, Authorizations of Similar Uses. 

1. As used in Table 604-1:
   1. "P" means the use is a primary use.
   2. "A" means the use is an accessory use.
   3. "C" means the use is a conditional use, approval of which is subject to Section 1203, Conditional Uses.
   4. "X" means the use is prohibited.
   5. "Type II" means the use requires review of a Type II application, pursuant to Section 1307, Procedures.
   6. Numbers in superscript correspond to the notes that follow Table 604-1.
2. Permitted uses are subject to the applicable provisions of Subsection 604.04, Dimensional Standards, Section 1000, Development Standards, and Section 1100, Development Review Process.

604.04 Dimensional Standards

1. General:  Dimensional standards applicable in the RI District are listed in Table 604-2, Dimensional Standards in the RI District. As used in Table 604-2, numbers in superscript correspond to the notes that follow Table 604-2.
2. Modifications: Modifications to the standards in Table 604-2 are established by Sections 800, Special Use Requirements; 903, Setback Exceptions; 1107, Property Line Adjustments; and 1205, Variances.

Table 604-1: Permitted Uses in the RI District

Notes to Table 604-1:

¹Manufacturing, transportation, distribution, warehousing, and wholesale trade of certain products are conditional uses, when specifically listed as such in Table 604-1.

²Marijuana production, marijuana processing, and marijuana wholesaling shall be located entirely within one or more completely enclosed buildings. A maximum of 20,000 square feet of building floor space may be used for all activities associated with marijuana production, marijuana processing, and marijuana wholesaling on a lot of record.

³This use may include concessions, restrooms, maintenance facilities, and similar support uses.

⁴Temporary signs regulated under Subsection 1010.13(A) are a primary use.

⁵Components of a sewer system that serve land outside urban growth boundaries or unincorporated community boundaries are prohibited.

⁶The use is limited to sewer systems that: are designed and constructed so that their capacity does not exceed the minimum necessary to serve the area within the boundaries described under OAR 660-011-0060(4)(b)(B), except for urban reserve areas as provided under OAR 660-021-0040(6); and do not serve any uses other than those existing or allowed in the identified service area on the date the sewer system is approved.

⁷Stormwater management facilities are a primary use if:

1. They are underground, except for an outlet structure if applicable;
2. They are vegetated, except for an outlet structure if applicable; or
3. They are approved in conjunction with a development approved through another land use permit (e.g., a subdivision or design review).

⁸Utility cabinets are a primary use if they comply with Section 830, Utility Cabinets, or if they are inside a road right-of-way. Otherwise they are a conditional use.

⁹Except for telephone exchanges, utility facilities shall not include shops, garages, or general administrative offices.

¹⁰Utility lines are a conditional use only if they are gas transmission lines or electric transmission lines.

Table 604-2: Dimensional Standards in the RI District

¹The minimum lot size inside the Portland Metropolitan Urban Growth Boundary is 20 acres. The 20-acre minimum lot size is applicable to a subdivision or partition, but not to a property line adjustment.

²If the lot line abuts a residential zoning district, the minimum is 30 feet plus five feet for each 10-foot increase in building height over 35 feet. Height increments of less than 10 feet shall be rounded up to the nearest 10-foot increment. For example, if the building height is 49 feet, the minimum rear setback shall be 40 feet. If the lot line abuts a commercial zoning district, the minimum shall be 10 feet plus five feet for each 10-foot increase in building height over 35 feet. Height increments of less than 10 feet shall be rounded up to the nearest 10-foot increment. For example, if the building height is 49 feet, the minimum rear setback shall be 20 feet.

³Notwithstanding Note 2, the minimum rear and side setback standards applicable in the RA-2 District apply to dwellings that are nonconforming uses, as well as to uses that are accessory to such dwellings.

⁴No maximum applies to uses authorized under Oregon Statewide Planning Goals 3 and 4 and uses intended to serve the community and surrounding rural area or the travel needs of people passing through the area.

⁵No maximum applies to uses authorized under Statewide Planning Goals 3 and 4; expansion of a use that existed on December 5, 1994; uses that require proximity to a rural resource, as defined in Oregon Administrative Rules 660-004-0022(3)(a); new uses that will not exceed the capacity of water and sewer service available to the site on December 5, 1994, or, if such services are not available to the site, the capacity of the site itself to provide water and absorb sewage; and uses sited on abandoned or diminished mill sites.   

⁶No maximum applies to the primary processing of raw material produced in rural areas, or uses sited on abandoned or diminished mill sites. Also, any lawfully established industrial use that existed on December 20, 2001, may expand to occupy a maximum of 40,000 square feet of building floor space or 25 percent more building floor space than was occupied by the use on December 20, 2001, whichever is greater.   

[Amended by Ord. ZDO-224, 5/31/2011; Amended by Ord. ZDO-231, 1/31/2012; Amended by Ord. ZDO-235, 5/14/2012; Amended by Ord. ZDO-243, 9/9/2013; Amended by Ord. ZDO-252, 6/1/2015; Amended by Ord. ZDO-253, 6/1/2015; Amended by Ord. ZDO-254, 1/4/2016; Amended by Ord. ZDO-266, 5/23/2018; Amended by Ord. ZDO-268, 10/2/2018; Amended by Ord. ZDO-280, 10/23/2021; Amended by Ord. ZDO-288, 9/9/2024]

513.01 Purpose

Section 513 is adopted to implement the policies of the Comprehensive Plan for Community Commercial areas regulated by the Mount Hood Community Plan and for Rural Commercial areas. 

513.02 Applicability

1. Section 513 applies to land in the Rural Tourist Commercial (RTC) and Rural Commercial (RC) Districts.

513.03 Uses Permitted

1. Uses permitted in the RTC and RC Districts are listed in Table 513-1, Permitted Uses in the RTC and RC Districts. In addition, uses similar to one or more of the listed uses for the applicable zoning district may be authorized pursuant to Section 106, Authorizations of Similar Uses.
2. As used in Table 513-1:
   1. "P" means the use is a primary use.
   2. "A" means the use is an accessory use.
   3. "C" means the use is a conditional use, approval of which is subject to Section 1203, Conditional Uses.
   4. "S" means the use may be authorized only pursuant to Section 106; however, identifying a use as "S" does not indicate that any determination has been made regarding whether the use will be authorized pursuant to Section 106.
   5. "X" means the use is prohibited.
   6. "Type II" means the use requires review of a Type II application, pursuant to Section 1307, Procedures.
   7. Numbers in superscript correspond to the notes that follow Table 513-1.
3. Permitted uses are subject to the applicable provisions of Subsection 513.04, Dimensional Standards; Section 1000, Development Standards; and Section 1100, Development Review Process.

513.04 Dimensional Standards

1. General:  Dimensional standards applicable in the RTC and RC Districts are listed in Tables 513-2, Dimensional Standards in the RTC and RC Districts, Except in Government Camp, and 513-3, Dimensional Standards in Government Camp. As used in Tables 513-2 and 513-3, numbers in superscript correspond to the notes that follow the tables.
2. Modifications:  Modifications to the standards in Tables 513-2 and 513-3 are established by Sections 800, Special Use Requirements; 903, Setback Exceptions; 904, Height Exceptions; 1107, Property Line Adjustments; and 1205, Variances.  

Table 513-1:  Permitted Uses in the RTC and RC Districts

¹A fraternal organization lodge or school is a conditional use if the building floor space exceeds 4,000 square feet.

²On a lot of record created on or before December 7, 1983, one detached single-family dwelling is a primary use. Otherwise, detached-single family dwellings are permitted only as an accessory use.

³A new hotel or motel in Rhododendron shall be limited to a maximum of 35 units. A new hotel or motel in Government Camp shall be limited to a maximum of 100 units.

⁴If a hotel or motel is authorized as a similar use inside an unincorporated community, it shall be subject to Oregon Administrative Rules 660-022-0030(5).

⁵Marijuana retailing is permitted only inside an unincorporated community. 

⁶Marijuana wholesaling shall be located entirely within one or more completely enclosed buildings. A maximum of 4,000 square feet of building floor space may be used for all activities associated with marijuana wholesaling on a lot of record. 

⁷Parking structures are permitted only in Government Camp and only if they are consistent with a community parking plan adopted by the Board of County Commissioners.

⁸The base of such towers shall not be closer to the property line than a distance equal to the height of the tower.

⁹This use may include concessions, restrooms, maintenance facilities, and similar support uses.

¹⁰A resort accommodations development in Government Camp shall be limited to a maximum of 50 units per acre. A resort accommodations development in Rhododendron or Wemme/Welches shall be limited to a maximum number of units per acre calculated pursuant to Table 317-3, District Land Area Standards in the MRR District, but is not subject to Section 1012, Lot Size and Density.

¹¹Schools are prohibited within the areas identified as Employment, Industrial, and Regionally Significant Industrial on the Metropolitan Service District's 2040 Growth Concept Map.

¹²Drive-in eating and drinking establishments are prohibited.

¹³No outside storage shall be permitted.

¹⁴Temporary signs regulated under Subsection 1010.13(A) are a primary use.

¹⁵Components of a sewer system that serve land outside urban growth boundaries or unincorporated community boundaries are prohibited.

¹⁶The use is limited to sewer systems that: are designed and constructed so that their capacity does not exceed the minimum necessary to serve the area within the boundaries described under OAR 660-011-0060(4)(b)(B), except for urban reserve areas as provided under OAR 660-021-0040(6); and do not serve any uses other than those existing or allowed in the identified service area on the date the sewer system is approved.

¹⁶Stormwater management facilities are a primary use if:

1. They are underground, except for an outlet structure if applicable;
2. They are vegetated, except for an outlet structure if applicable; or
3. They are approved in conjunction with a development approved through another land use permit (e.g., a subdivision or design review).

¹⁸Utility cabinets are a primary use if they comply with Section 830, Utility Cabinets, or if they are inside a road right-of-way. Otherwise they are a conditional use.

¹⁹Hydroelectric facilities are a conditional use. All other utility facilities not otherwise listed in Table 513-1 may be authorized only pursuant to Section 106, Authorizations of Similar Uses.

²⁰Utility lines are a conditional use only if they are gas transmission lines or electric transmission lines.

Table 513-2: Dimensional Standards in the RTC and RC Districts, Except in Government Camp

¹The minimum lot size inside the Portland Metropolitan Urban Growth Boundary shall be 20 acres. The 20-acre minimum lot size is applicable to a subdivision or partition, but not to a property line adjustment.

²In a planned unit development, the minimum front setback is 20 feet.

³If the lot line abuts a national forest, there is no minimum setback. If Note 3 and Note 4 conflict, Note 3 prevails.

⁴In a planned unit development, there are no minimum rear and side setbacks except from rear and side lot lines on the perimeter of the final plat.

⁵If the lot line abuts an RR or HR District, the minimum is 20 feet except as established by Note 3 or 4.

⁶If the lot line abuts a residential zoning district, the minimum is 20 feet except as established by Note 3 or 4.

⁷No maximum applies to hotels and motels; uses authorized under Oregon Statewide Planning Goals 3 and 4; and uses intended to serve the community and surrounding rural area or the travel needs of people passing through the area.

⁸A lawfully established commercial use that existed on December 20, 2001, may expand to occupy a maximum of 3,000 square feet of building floor space or 25 percent more building floor space than was occupied by the use on December 20, 2001, whichever is greater.

⁹No maximum applies to uses authorized under Statewide Planning Goals 3 and 4; expansion of a use that existed on December 5, 1994; uses that require proximity to a rural resource, as defined in Oregon Administrative Rules 660-004-0022(3)(a); new uses that will not exceed the capacity of water and sewer service available to the site on December 5, 1994, or, if such services are not available to the site, the capacity of the site itself to provide water and absorb sewage; and uses sited on abandoned or diminished mill sites.

Table 513-3: Dimensional Standards in Government Camp

¹There is no minimum front setback for building cantilevers with a minimum vertical clearance of eight feet above any pedestrian pathway, sidewalk, or walkway. Structures less than 10 feet from the front lot line shall be designed to include measures to protect the public and vehicles from snow slide incidents.

²The maximum front setback may be exceeded to the minimum extent necessary to accommodate public plaza space. Detached single-family dwellings are exempt from complying with the maximum front setback.

³If the rear lot line abuts a national forest, there is no minimum rear setback. If Note 3 and Note 4 conflict, Note 3 prevails.

⁴In a planned unit development, there is no minimum rear setback except from rear lot lines on the perimeter of the final plat.

⁵If the rear lot line abuts an HR District, the minimum rear setback is 20 feet except as established by Note 3 or 4.

⁶The maximum building height may be increased to 87.5 feet to accommodate understructure parking or to preserve natural features or views.

⁷No maximum applies to hotels and motels; uses authorized under Oregon Statewide Planning Goals 3 and 4; and uses intended to serve the community and surrounding rural area or the travel needs of people passing through the area.

⁸No maximum applies to uses authorized under Statewide Planning Goals 3 and 4; expansion of a use that existed on December 5, 1994; uses that require proximity to a rural resource, as defined in Oregon Administrative Rules 660-004-0022(3)(a); new uses that will not exceed the capacity of water and sewer service available to the site on December 5, 1994, or, if such services are not available to the site, the capacity of the site itself to provide water and absorb sewage; and uses sited on abandoned or diminished mill sites.

[Added by Ord. ZDO-252, 6/1/2015; Amended by Ord. ZDO-253, 6/1/2015; Amended by Ord. ZDO-254, 1/4/2016; Amended by Ord. ZDO-266, 5/23/2018; Amended by Ord. ZDO-268, 10/2/2018; Amended by Ord. ZDO-276, 10/1/2020; Amended by Ord. ZDO-280, 10/23/2021; Amended by Ord. ZDO-273, on remand, 5/30/2023; Amended by Ord. ZDO-287, 8/3/2023; Amended by Ord. ZDO-283, 9/5/2023; Amended by Ord. ZDO-288, 9/9/2024]

511.01 Purpose

Section 511 is adopted to implement the policies of the Comprehensive Plan for Village Community Service areas.

511.02 Applicability

Section 511 applies to land in the Village Community Service (VCS) District.

511.03 Uses Permitted

Uses permitted in the VCS District are listed in Table 511-1, Permitted Uses in the VCS District.  In addition, uses similar to one or more of the listed uses may be authorized pursuant to Section 106, Authorizations of Similar Uses. 

1. As used in Table 511-1:
   1. "P" means the use is a primary use.
   2. "A" means the use is an accessory use.
   3. "C" means the use is a conditional use, approval of which is subject to Section 1203, Conditional Uses.
   4. "X" means the use is prohibited.
   5. Numbers in superscript correspond to the notes that follow Table 511-1.
2. Permitted uses are subject to the applicable provisions of Subsection 511.04, Dimensional Standards, Subsection 511.05, Development Standard, Section 1000, Development Standards, and Section 1100, Development Review Process.

511.04 Dimensional Standards

The following dimensional standards apply in the VCS District.  Modifications to the dimensional standards are established by Sections 800, Special Use Requirements; 903, Setback Exceptions; 904, Height Exceptions; 1107, Property Line Adjustments; and 1205, Variances.

1. Setback:  The setback from lot lines abutting Oregon Trail Drive and Hines Drive shall be zero.  The minimum setback from all other lot lines shall be five feet.
2. Maximum Building Height:  Maximum building height shall be 35 feet.
    

511.05 Development Standard

All primary and accessory uses, including storage of materials, products, or waste, shall be wholly contained within an approved structure.
 

Table 511-1:  Permitted Uses in the VCS District

Notes to Table 511-1:

¹Museums are a primary use.

²Art galleries are a conditional use.

³Employee amenities shall be located in the same structure as the use to which they are accessory.

⁴Temporary signs regulated under Subsection 1010.13(A) are a primary use.

⁵Stormwater management facilities are a primary use if:

1. They are underground, except for an outlet structure if applicable;
2. They are vegetated, except for an outlet structure if applicable; or
3. They are approved in conjunction with a development approved through another land use permit (e.g., a subdivision or design review).

⁶Utility cabinets are a primary use if they comply with Section 830, Utility Cabinets, or if they are inside a road right-of-way.

⁷Utility lines are a conditional use only if they are gas transmission lines or electric transmission lines.

[Added by Ord. ZDO-250, 10/13/2014; Amended by Ord. ZDO-253, 6/1/2015; Amended by Ord. ZDO-254, 1/4/2016; Amended by Ord. ZDO-266, 5/23/2018; Amended by Ord. ZDO-268, 10/2/2018; Amended by Ord. ZDO-280, 10/23/2021; Amended by Ord. ZDO-287, 8/3/2023; Amended by Ord. ZDO-285, 9/3/2024; Amended by Ord. ZDO-288, 9/9/2024]