ZDO-268

The Planning and Zoning Division is midway through an “audit” of the Zoning and Development Ordinance (ZDO). This project began in 2012 and is scheduled to be completed by July 2019.

The ZDO, adopted in 1980 (with roots in the 1960 Zoning Ordinance), has been amended approximately 250 times since, resulting in regulations that are sometimes inconsistent, antiquated, cumbersome and disorganized. As a consequence, a comprehensive review and update was initiated. The emphasis is on the ZDO, but amendments to the Comprehensive Plan are proposed as needed to resolve inconsistencies between the two documents. The overarching goals of the ZDO audit are to develop a more condensed, user-friendly document; consolidate zones and allow additional uses where appropriate; provide clear and consistent definitions of terms, development standards and procedures; and maintain compliance with state and regional regulations. The intent is to complete a comprehensive update of every section of the ZDO.

ZDO-268 Draft
Notice
Staff Report
Section 102 Section 102, Purpose and Scope
  • Amend the conflicts provisions to repeal a reference to standards in Chapter 10 of the Comprehensive Plan because standards in Chapter 10 do not apply independently of the ZDO in development review. Rather they apply if specifically referenced or incorporated and would, therefore, fall under one of the other conflicts provisions.
  • Amend the conflicts provisions to specify that standards in Section 800 override standards in Section 1000 or in the section that regulates the underlying zoning district. Currently this is not clear where the standard in Section 800 is less restrictive, although this has historically been the way these standards have been applied.
Section 202 Definitions
  • Streamline and consolidate the various bed and breakfast definitions and references to tourist facility licensing and health division requirements, which are not implemented through the ZDO
  • Uniformly state that bed and breakfasts may rent rooms on a daily or weekly basis because monthly rentals are deemed to be permissible as a single-family dwelling use
  • Replace the definition of daycare facility with a definition of child care facility to reflect changes in state law and cite directly to the definition in state law
  • Move the allowance for sales of finished compost and accessory products in conjunction with a composting facility to Section 834
  • Change family daycare provider to family child care home and edit the definition for consistency with state law and remove redundant references from the definition
  • Amend the definition of guest house to clearly distinguish a guest house from other types of accessory structures that have historically been permitted. The key distinction is that a guest house includes at least one bedroom. Repeal the requirement that a guest house be a “separate” accessory structure, or part of a “separate” accessory structure, which would more clearly allow the guest house to, for example, be built above a garage that is attached to the primary dwelling. Update the building code reference. Delete the limitation that makes guest houses temporary living quarters, which will then permit members of the family or on-site employees (e.g., a nanny) to occupy the guest house full-time.
  • Amend the definition of livestock for consistency with ZDO Section 821
  • Make minor edits to the definitions of manufactured home, mobile home, recreational vehicle and residential trailer for consistency with state law
  • Replace the definition of manufactured home park with the state definition of manufactured dwelling park
  • Repeal the definition of nudity because the term is no longer used in the ZDO
  • Make minor edits to the definition of produce stand to remove some ambiguity and repeal a redundant reference to the Planning Director
  • Repeal the definition of private school because the term is no longer used in the ZDO
  • Replace the definition of solid waste with a cross-reference to another chapter of the County Code because the definition in ZDO 202, although substantially the same as the cross-referenced definition, includes citations that do not make sense in the context of the ZDO
  • Move exclusions from the definition of surface mining from ZDO 818 to this section
  • Repeal the definition of waste-related uses because the term is no longer used in the ZDO
Section 315 Urban Low Density Residential (R-2.5, R-5, R-7, R-8.5, R-10, R-15, R-20, and R-30), Village Standard Lot Residential (VR-5/7), Village Small Lot Residential (VR-4/5), Village Townhouse (VTH), Planned Medium Density Residential (PMD), Medium Density Residential (MR-1), Medium High Density Residential (MR-2), High Density Residential (HDR), Village Apartment (VA), Special High Density Residential (SHD), and Regional Center High Density Residential (RCHDR) Districts
  • Change reference from family daycare provider to family child care home for consistency with state law
  • Remove references to other ZDO sections that are proposed for deletion
  • Allow bus shelters as an accessory use in the RCHDR District
  • Change reference from daycare facilities to child care facilities for consistency with state law
  • Change reference from churches to places of worship for consistency with ZDO Section 1015
  • Remove reference to “studios” for consistency with edits to ZDO Section 833
  • Change manufactured home parks to manufactured dwelling parks because state law does not permit the county to restrict the siting of mobile homes in such parks. (The term manufactured dwellings includes mobile homes and manufactured homes.)
  • Change reference from ZDO Section 1016 to 844 for consistency with proposed renumbering of that section
  • Move a conditional use allowance for certain utility carrier cabinets from ZDO Section 830 to this section
  • Streamline the reference to wireless telecommunication facilities by referring to a new table proposed for ZDO Section 835
  • Exempt manufactured homes in manufactured dwelling parks from design standards that apply to manufactured homes on individual lots because state law limits the degree to which local government zoning codes can regulate these dwellings
  • Correct a formatting error in Table 315-3
  • Update citations in Table 315-4 for consistency with proposal to move some provisions from ZDO 1018 to ZDO 1005
Section 316 Rural Area Residential 1-Acre (RA-1), Rural Area Residential 2-Acre (RA-2), Recreational Residential (RR), Rural Residential Farm Forest 5-Acre (RRFF-5), Farm Forest 10-Acre (FF-10), and Future Urban 10-Acre (FU-10) Districts
  • Change reference from churches to places of worship for consistency with ZDO Section 1015
  • Remove references to other ZDO sections that are proposed for deletion
  • Remove reference to “studios” for consistency with edits to ZDO Section 833
  • Remove reference to ZDO Section 819 for sanitary landfills and debris fills because these are proposed for deletion from Section 819
  • Move a conditional use allowance for certain utility carrier cabinets from ZDO Section 830 to this section
  • Streamline the reference to wireless telecommunication facilities by referring to ZDO Section 835
Section 317 Mountain Recreational Resort (MRR) and Hoodland Residential (HR) Districts
  • Change reference from family daycare provider to family child care home for consistency with state law
  • Remove references to other ZDO sections that are proposed for deletion
  • Change reference from daycare facilities to child care facilities for consistency with state law
  • Change reference from churches to places of worship for consistency with ZDO Section 1015
  • Remove reference to “studios” for consistency with edits to ZDO Section 833
  • Change manufactured home parks to manufactured dwelling parks because state law does not permit the county to restrict the siting of mobile homes in such parks. (The term manufactured dwellings includes mobile homes and manufactured homes.)
  • Add reference to Section 824 for manufactured dwelling parks because that section includes applicable standards
  • Change reference from ZDO Section 1016 to 844 for consistency with proposed renumbering of that section
  • Move a conditional use allowance for certain utility carrier cabinets from ZDO Section 830 to this section
  • Streamline the reference to wireless telecommunication facilities by referring to a new table proposed for ZDO Section 835
Section 401 Exclusive Farm Use District (EFU)
  • Change reference from family daycare provider to family child care home for consistency with state law
  • Streamline the references to wireless telecommunication facilities by referring to a new table proposed to be added to ZDO Section 835
  • Incorporate a requirement from state law that essential public communication services (a type of wireless telecommunication facility) are subject to Subsection 401.05(A)(1) when they include a transmission tower over 200 feet high
  • Streamline references to composting facilities and ensure consistency with state law
  • Add more complete cross references to state requirements that apply to some types of utility facilities
Section 406 Timber District (TBR)
  • Change reference from family daycare provider to family child care home for consistency with state law
  • Streamline the references to wireless telecommunication facilities by referring to a new table proposed to be added to ZDO Section 835
  • Incorporate a requirement from state law that essential public communication services (a type of wireless telecommunication facility) are subject to Subsection 406.05(A)(1) as are other radio communication facilities

Section 407 Ag/Forest District (AG/F)
  • Change reference from family daycare provider to family child care home for consistency with state law
  • Streamline the references to wireless telecommunication facilities by referring to a new table proposed to be added to ZDO Section 835
  • Incorporate a requirement from state law that essential public communication services (a type of wireless telecommunication facility) are subject to Subsection 406.05(A)(1) as are other radio communication facilities
  • Streamline references to composting facilities and ensure consistency with state law. Add a cross-reference to certain composting facilities being subject to ZDO Section 834. Compliance is already required by Section 834.
Section 510 Neighborhood Commercial (NC), Community Commercial (C-2), Regional Center Commercial (RCC), Retail Commercial (RTL), Corridor Commercial (CC), General Commercial (C-3), Planned Mixed Use (PMU), Station Community Mixed Use (SCMU), Office Apartment (OA), Office Commercial (OC), and Regional Center Office (RCO) Districts
  • Change reference from daycare facilities to child care facilities for consistency with state law
  • Remove references to other ZDO sections that are proposed for deletion
  • Move a conditional use allowance for certain utility carrier cabinets from ZDO Section 830 to this section
  • Streamline the reference to wireless telecommunication facilities by referring to a new table proposed for ZDO Section 835
Section 511 Village Community Service District
  • Change reference from daycare facilities to child care facilities for consistency with state law
  • Remove references to other ZDO sections that are proposed for deletion
  • Move a conditional use allowance for certain utility carrier cabinets from ZDO Section 830 to this section
  • Streamline the reference to wireless telecommunication facilities by referring to a new table proposed for ZDO Section 835
Section 512 Village Office District
  • Change reference from churches to places of worship for consistency with ZDO Section 1015
  • Change reference from daycare facilities to child care facilities for consistency with state law
  • Remove references to other ZDO sections that are proposed for deletion
  • Move a conditional use allowance for certain utility carrier cabinets from ZDO Section 830 to this section
  • Streamline the reference to wireless telecommunication facilities by referring to a new table proposed for ZDO Section 835
Section 513 Rural Tourist Commercial (RTC) and Rural Commercial (RC) Districts
  • Change reference from family daycare provider to family child care home for consistency with state law
  • Change reference from churches to places of worship for consistency with ZDO Section 1015
  • Change reference from daycare facilities to child care facilities for consistency with state law
  • Remove references to other ZDO sections that are proposed for deletion
  • Move a conditional use allowance for certain utility carrier cabinets from ZDO Section 830 to this section
  • Streamline the reference to wireless telecommunication facilities by referring to a new table proposed for ZDO Section 835
  • Remove footnotes excluding churches from compliance with ZDO Section 804 and schools from compliance with ZDO Section 805. These are unnecessary because 800 series sections don’t apply unless the table of uses so states.
Section 601 Campus Industrial (CI) District
  • Change reference from family daycare provider to family child care home for consistency with state law
  • Remove references to other ZDO sections that are proposed for deletion
  • Change reference from daycare facilities to child care facilities for consistency with state law
  • Change reference from ZDO Section 1016 to 844 for consistency with proposed renumbering of that section
  • Move a conditional use allowance for certain utility carrier cabinets from ZDO Section 830 to this section
Section 602 Business Park (BP), Light Industrial (LI), and General Industrial (GI) Districts
  • Remove references to other ZDO sections that are proposed for deletion
  • Change reference from daycare facilities to child care facilities for consistency with state law
  • Move a conditional use allowance for certain utility carrier cabinets from ZDO Section 830 to this section
Section 604 Rural Industrial District (RI)
  • Remove references to other ZDO sections that are proposed for deletion
  • Change reference from daycare facilities to child care facilities for consistency with state law
  • Move a conditional use allowance for certain utility carrier cabinets from ZDO Section 830 to this section
Section 702 Open Space Management (OSM) District
  • Move a conditional use allowance for certain utility carrier cabinets from ZDO Section 830 to this section
  • Remove references to other ZDO sections that are proposed for deletion
  • Remove a reference to redevelopment of manufactured dwelling parks because this standard is now in ZDO Section 1001
Section 708 Mineral and Aggregate Overlay District (MAO)
  • Change reference from churches to places of worship for consistency with ZDO Section 1015
Section 711 Government Camp Open Space Management District (GCOSM)
  • Move a conditional use allowance for certain utility carrier cabinets from ZDO Section 830 to this section
  • Repeal the purpose statements for the dimensional standards for consistency with changes made to other ZDO sections in prior phases of the ZDO Audit. The provisions in the Comprehensive Plan are sufficient
  • Reorganize the conditional use criteria and the development standards that apply to conditional uses
Section 713 Public Use Airport and Safety Overlay Zones
  • Change reference from churches to places of worship for consistency with ZDO Section 1015
Section 804 Churches
  • Change the title to Places of Worship for consistency with ZDO Section 1015
  • Repeal the 30-foot minimum front setback standard for places of worship that applies in some zones. Instead, the regular front setback standard will apply (still 30 feet in many rural zones) unless through conditional use review a larger setback is applied to mitigate impacts of the use.
  • Repeal the two-acre minimum site area standard for places of worship that applies in the RR District. This is the only district that has a specific minimum lot size for this use, and it’s not clear why. This use is conditional in the RR District, meaning that ZDO Section 1203 requires that the site size be evaluated for suitability in the context of the specific proposal.
Section 805 Schools
  • Repeal the two-acre minimum site area standard for schools that applies in the RR District. This is the only district that has a specific minimum lot size for this use, and it’s not clear why. This use is conditional in the RR District, meaning that ZDO Section 1203 requires that the site size be evaluated for suitability in the context of the specific proposal.
Section 806 Home Occupations to Host Events
  • Make minor amendments to standardize some text across three different ZDO sections that apply to different types of home occupations (e.g., definition of employee and operator)
  • Clearly allow the home occupation to be located on the same tract as the related dwelling. The current standard is that it be on the same property, which is vague in the context of the ZDO. The change would clearly permit someone who owns two or more contiguous lots of record to site the home occupation on a different lot of record than the dwelling but still require both lots to be in the same ownership and the business operator to live in the on-site dwelling
  • Clarify two vague standards by more clearly linking them to ZDO Section 1203, which already applies
  • Repeal a standard related to new structures that is confusing and overlaps with two other standards that address permissible use of structures and commercial appearance
  • Repeal the deed statement requirement in the EFU, TBR and AG/F Districts because Oregon law does not require this except in TBR and that requirement appears in ZDO 406
  • Replace a lighting standard with a reference to ZDO Section 1005, which already applies and is redundant with the provision proposed for deletion
  • Repeal a parking provision that is redundant with ZDO Section 1015 and move the minimum parking space standard to Section 1015
  • Correct outdated citations and amend outdated references to the Water Environment Services Department, which no longer houses the septic permitting function
  • Repeal the reference to compliance with OLCC requirements because they apply independently of the ZDO and to many other uses regulated by the ZDO where no such reference exists
Section 807 Daycare Facilities
  • The proposal is to repeal this section because it is largely redundant with other regulations and because the standards are somewhat vague. In single-family residential zones, daycare facilities (to be called Child Care Facilities for consistency with state law) require a conditional use permit, a process that allows the factors in Section 807 to be considered regardless of whether this section remains in effect. In commercial zones, daycare centers require design review, which allows consideration of compatibility in appearance. Also, state licensing regulations for certified child care centers require outdoor space, which must be fenced if the children are pre-school age.

Section 808

Cemeteries and Crematories

  • Reorganize the section to separate the cemetery and crematory standards
  • Repeal regulations that are redundant with the regulations of other entities (e.g., County Transportation Engineering, Oregon Department of Transportation, County Surveyor) or other ZDO sections (Section 1009 for irrigation)
Section 809 Hospitals
  • The proposal is to repeal this section because hospitals that are subject to this section are conditional uses in the Regional Center Office and Office Commercial Districts. As a result, this use would be subject to both the conditional use criteria and the commercial district design review standards. These extensive review processes seem sufficient to address the siting of these facilities in these office zones without relying on an arbitrary minimum lot size standard or special access, setback and building height limits. Conditional uses allow the imposition of conditions of approval to mitigate impacts, and standard setbacks in the applicable zones are increased for all permitted uses (e.g., office buildings) when adjacent to residential areas.

Section 810 Nursing Homes
  • The proposal is to repeal this section. Nursing homes are conditional uses in single-family residential zones and also are subject to design review. In multifamily and mixed-use zones, nursing homes are subject to design review. As a result, this use would be subject to the conditional use criteria and/or the institutional use design review standards. These extensive review processes seem sufficient to address the siting of these facilities without relying on an arbitrary minimum lot size standard or special access standard. The remaining standards in this section are redundant with other ZDO provisions that also apply.

Section 813 Recreational Vehicle Camping Facilities
  • Repeal the sewage disposal standards because ZDO 1006 applies and also regulates the adequacy of sewage disposal
  • Repeal the dimensional requirements for each RV parking space because this is regulated by the Building Codes Division through Oregon Administrative Rules (OAR) 918-650-0055(1)
  • Modify the landscaping provision because it seems impractical and overly restrictive to require landscaping everywhere that isn’t occupied by an RV or a parking space. Instead, require landscaping to be dispersed throughout the site and incorporated in each campsite. For clarity, cross-reference the existing applicability of ZDO Section 1009.
  • Move the requirement for parking spaces in addition to the RV spaces to the ZDO 1015 parking table
  • Repeal the standards for parking space surfacing because this is also regulated by ZDO 1015
  • Add clarifying language to explain the relationship between the caretaker/manager dwelling allowance and other applicable ZDO provisions related to dwelling types and density
  • Repeal the access and circulation standards because access and circulation are regulated by ZDO 1007, the County Roadway Standards and by the Building Codes Division under OAR 918-650-0045
  • Apply the standard screening provisions of ZDO Section 1009 rather than a unique standard
  • Clarify that the storage regulated by this section is storage of materials and equipment associated with the facility rather than materials and equipment of the campers
  • Repeal the trash receptacle standards because trash receptacles are regulated by the Building Codes Division under OAR 918-650-0045(9)
Section 814 Drive-In Theaters
  • The proposal is to repeal this section. No links exist between Section 814 and permitted uses in any zoning district, so it does not appear that the section has an implementing mechanism.

Section 815 Produce Stands
  • Add an explicit exemption for produce stands from most of ZDO Section 1000 and all of ZDO Section 1102. These sections have not historically been applied to produce stands under ZDO Section 815, but the code is not clear on this.
  • Remove description of produce stand (table, bench, etc.) because it is redundant with the definition of produce stand in ZDO Section 202
  • Repeal the “sound condition” standard because it is vague
  • Repeal the “block or encroach” standard because this is generally true, not specific to produce stands, and is regulated by other county standards
  • Move the sign standards to ZDO 1010, Signs
Section 818 Surface Mining
  • Repeal provisions that are redundant with other sections of the ZDO (e.g., surface mining definitions in ZDO 202), state law
  • Reorganize the submittal requirements
  • Update road references to be consistent with more recent ZDO provisions
  • Replace a screening requirement with a citation to the screening provisions of ZDO Section 1009, which currently applies
  • Repeal an erosion control requirement that is redundant with ZDO 1006
  • Repeal a parking standard that is redundant with ZDO 1015
  • Amend the reclamation plan references to more accurately reflect the limit of the county’s authority under state law
  • Repeal an inspection provision that raises legal concerns and is inconsistent with the county’s general code enforcement regulations
Section 819 Sanitary Landfills, Debris Fills, Recycling Centers, Transfer Stations and Recyclable Drop-Off Sites
  • Change the title because this section will no longer regulate sanitary landfills or debris fills
  • Repeal provisions for sanitary landfills and debris fills because they are redundant with state law, regional regulations, other ZDO sections and other county regulations
  • Repeal the roadway adequacy standards because they are redundant with Section 1203
  • Update references to truck freight routes
  • Consolidate signage regulations
  • Replace detailed odor, dust and noise provisions with a reference to compliance with DEQ requirements. This, combined with Metro regulations and the conditional use review process, is sufficient.
  • Repeal provisions regarding salvage, wastewater and stormwater because they are redundant with federal, state and regional regulations, Section 1006 and other county regulations
  • Repeal the building and site design standards because other sections of the ZDO address these concerns, either specifically or through the discretion permitted under a conditional use permit, and currently apply to these uses. Repeal the requirement for truck washing to be under a canopy-type roof because another alternative (completely inside) may be required in certain zones/circumstances and outdoor processing areas are permitted with limits for most uses in the GI District. In addition, wastewater/surface water management regulations apply.
  • Repeal areas of environmental concern standards due to redundancy with various overlay zoning district provisions in Section 700, Sections 1002 and 1003 and related regulations implemented through surface water management authorities and state and federal law
  • Repeal the economic impacts section, which purports to direct Metro on collection and disbursement of fees. This is beyond the authority of the ZDO.
  • Repeal the portions of the litter section that purport to direct Metro to fulfill certain obligations. This is beyond the authority of the ZDO.
  • Repeal the 3-acre minimum site area standard for transfer stations in the HR and RR Districts. These are the only districts that have a set minimum lot size for this use, and it’s not clear why. This use is conditional in these districts, meaning that Section 1203 requires that site size be evaluated for suitability in the context of the specific proposal.
  • Repeal the provisions that identify the zones where recyclable drop-off sites are permitted because they are redundant with the tables of uses in other sections of the ZDO, except move the allowance for these to be accessory to institutional uses to the tables of uses
  • Repeal two standards for recyclable drop-off-sites, one related to obstructing public rights-of-way and the other related to ongoing property owner responsibility for cleanliness, because they are redundant with other county regulations, including other ZDO provisions
Section 821 Livestock
  • Reorganize the section
  • Make housekeeping edits
  • Standardize the various references to the types of enclosures for rabbits and fowl
Section 822 Home Occupations
  • Add an explicit exemption for home occupations from Sections 1000 and 1102. These sections have not historically been applied to home occupations, but the code is not clear on this.
  • Incorporate the abutting properties definition as part of the one related standard
  • Repeal a redundant reference to manufactured dwellings, residential trailers and recreational vehicles as accessory building space. This is covered by the definitions of these terms, the building code and Section 824.
  • Adopt the definition of gross vehicle weight rating from the Oregon Revised Statutes
  • Repeal the definition of home occupation because it appears in Section 202
  • Repeal a redundant reference to operator occupancy of the dwelling
  • Repeal an unneeded definition of property
  • Repeal the requirement for a minor home occupation to have customer parking spaces if customers don’t come to the property
  • Add the prohibition on bed and breakfast homestays as minor home occupations that currently appears in Section 202
  • Combine the level two and three major home occupations into one subsection and reorganize the standards to consolidate those that differ between the two levels
  • Repeal the change of occupancy permitting requirement because this is administered through the building code
  • Revise the limitation on where a home occupation must be operated in the AG/F, EFU and TBR Districts to match the Oregon Revised Statutes
  • Repeal the requirement that a property take direct vehicular access to a road with a functional classification of collector or higher to be eligible for an exception to one or more of the home occupation standards
Section 823 Bus Shelters
  • The proposal is to repeal this section, except that the setback exemption will be moved to ZDO Section 903. Bus shelters are often in rights-of-way where they would be subject to the County Roadway Standards and requirements of the transit provider. Outside of rights-of-way, they would typically be located in a commercial or industrial zone or on the site of an institutional use and would be subject to design review. The remaining option is as an accessory use in a residential zone where, depending on the circumstances, they would either be subject to design review or likely would be of limited impact, such as a small shelter for children waiting for a school bus.

Section 824 Manufactured Dwellings
  • Add an exemption for manufactured dwellings approved pursuant to a temporary permit. The standards have not historically been applied to temporary dwellings, but the code is not clear, particularly regarding the minimum size.
  • Repeal redundant provisions that are covered by other sections of the ZDO or by other codes (e.g., building, sewage disposal)
  • Amend the design standards for manufactured dwellings for consistency with state law, which limits the degree to which local government zoning codes can regulate manufactured dwellings both inside and outside of manufactured dwelling parks
Section 825 Manufactured Dwelling Parks and Manufactured Home Parks
  • Change the title because state law does not allow the county to limit the dwellings permitted in manufactured dwelling parks to manufactured homes. Manufactured dwellings is a broader term that encompasses both mobile and manufactured homes.
  • Reorganize the section
  • Repeal provisions that are redundant with other sections of the ZDO and provisions that are preempted by the building code under state law
Section 827 Drive-Thru Window Services
  • Repeal a vague approval criterion about adopted area plans or standards. The ZDO establishes whether this use is permitted and under what conditions, including in areas with a Community or Design Plan.
  • Add a cross-reference to ZDO Section 1005, which includes the specific entrance orientation standard to which this section seems to be referring
Section 829 Hydroelectric Facilities
  • The proposal is to repeal this section. Hydroelectric facilities that are subject to this section are conditional uses. As a result, this use would be subject to both the conditional use criteria and the institutional use design review standards. In addition, the standards in this section are redundant with other ZDO provisions and with state and federal law. Finally, the Oregon Administrative Rules referred to in this section have been repealed.

Section 830 Utility Carrier Cabinets
  • General housekeeping amendments
Section 832 Bed and Breakfast Residence and Inns
  • Repeal a provision that states that no new structures may be built for a bed and breakfast inn, except in commercial or multifamily zones. This standard is relatively ineffective because it does not prevent the building of a new structure prior to the filing of the application for a B&B.
  • Repeal a reference to operator or owner occupancy because it is redundant with the definitions of B&B residence and inn in Section 202
  • Move the parking space requirement to Section 1015
  • Replace a screening requirement with a reference to a screening requirement in Section 1009, which currently applies as well
  • Allow rural parking area construction standards for all rural zones, not just rural residential and recreational residential. This is consistent with parking areas for other uses in these zones.
  • Repeal a requirement for four inches of crushed gravel in rural residential parking areas and refer instead to Section 1015, which currently applies as well. The technical specifications for the gravel are regulated by the County Roadway Standards.
  • Add references to access drives for consistency with the different types of private roads defined by the ZDO
  • Repeal the prohibition on on-street parking counting toward the minimum parking space requirement for this use. Instead, Section 1015 will permit on-street parking to count in commercial zones only, as it does for all uses.
  • Repeal provisions related to mitigating the impacts of parking and allowing the use of off-site parking areas. These issues can be adequately addressed through the conditional use or design review process.
Section 833 Guest Houses and Studios
  • Change the title to Guest Houses because the same definition applies to both of the current terms
  • Repeal the definition because it also appears in Section 202
  • Repeal the minimum lot size standards for this use. As with other residential accessory structures, the minimum setbacks and, if applicable, maximum lot coverage standard, will determine whether a guest house can be sited on a lot.
  • Repeal outdated building code references. (The definition in Section 202 is proposed for amendment to address the type of building space applicable to a guest house.)
  • Amend the limitations on kitchen and laundry facilities to reflect changes previously made to allow more than one laundry room and an accessory kitchen in primary single-family dwellings
  • Repeal the prohibition on a refrigerator or freezer in a guest house
  • Repeal an outdated reference to Water Environment Services, which no longer houses the on-site wastewater disposal system program
  • Repeal an unnecessary and imprecise reference to adding drain lines to an existing septic system
Section 834 Composting/Yard Debris Processing Facility
  • Change the title to match the defined term for this use
  • Repeal provisions that are redundant with state law, regional regulations, other ZDO sections and other county regulations
  • Repeal the definitions, which are duplicated in Section 202
  • Repeal the area of application section, which is redundant with the tables of uses in other sections of the ZDO
  • Reorganize the section
  • Update references to road types and truck freight routes and consolidate the references to truck routes in one subsection
  • Replace a screening requirement with a reference to a screening requirement in Section 1009, which currently applies as well
  • Repeal a lighting standard that is redundant with Section 1005
  • Repeal roadway adequacy and noise standards that are redundant with Section 1203
  • Move the allowance for sales of finished compost and accessory products to this section from Section 202
Section 835

Wireless Telecommunication Facilities

  • Repeal the applicability subsection. It is partially redundant with other ZDO provisions, the jurisdictional limitation on federal lands is not unique to this use, and the exemptions for amateur (Ham) radio antennas and towers and citizen band transmitters and antennas is proposed to be moved to the definition of wireless telecommunication facility
  • Incorporate the abandonment definition in the abandonment subsection
  • Eliminate requirements for a separate design review process for wireless telecommunication facilities that are subject to review under Section 835
  • Reorganize the section
  • Provide for a streamlined (Type II Planning Director) review process for microcells in those zones that require a conditional use permit for most new wireless telecommunication facilities. Adopt a definition of microcell and criteria for their approval.
  • Repeal redundant references to owner/operator responsibility for ongoing maintenance of required facilities as this is covered elsewhere in the ZDO
  • Resolve a conflict between 835.12(B) and (C) (proposed to be 835.07(B) and (C)) by repealing (B)(2). This will allow a total of 150 days for removal of an abandoned facility (60 days to reuse the facility and an additional 90 days to remove the facility if it is not reused).
Section 836 Home Occupations for Canine Skills Training
  • Make minor amendments to standardize some text across three different ZDO sections that apply to different types of home occupations (e.g., definition of employee and operator)
  • Allow the home occupation to be located on the same tract as the related dwelling rather than on the same lot of record. This permits someone who owns two or more contiguous lots of record to site the home occupation on a different lot of record than the dwelling but still requires both lots to be in the same ownership and the business operator to live in the on-site dwelling
  • Repeal a standard related to new structures that is confusing and overlaps with two other standards that address permissible use of structures and commercial appearance
  • Repeal a prohibition on constructing new buildings solely to house the home occupation. This standard does not apply to other home occupations. In addition, it does not prevent an applicant from constructing a building first and then converting it to use in a home occupation later, meaning the end result is the same.
  • Repeal a standard that prohibits unreasonable interference with other permitted uses because it is redundant with ZDO 406.05(E)(1)
  • Repeal the deed statement requirement because the deed statement standard required by state law appears in ZDO 406.05(A)(2)
  • Repeal parking regulations that are redundant with ZDO Section 1015 and the building code and move the minimum parking space standard to Section 1015
Section 837 Mobile Vending Units
  • Reorganize the section
  • General housekeeping edits, including correction of outdated citations
Section 840 Farmers’ Markets
  • Add an explicit exemption for farmers’ markets from most of ZDO Section 1000 and all of ZDO Section 1102. These sections have not historically been applied to farmers’ markets under ZDO Section 840, but the code is not clear on this.
  • Move the sign standards to ZDO Section 1010
Section 842 Transitional Shelter Communities
  • General housekeeping edits, including correction of outdated citations
Section 903 Setback Exceptions
  • Move the setback exemption for bus shelters from ZDO Section 823 (proposed for repeal) to this section
Section 904 Height Exceptions
  • Change reference from churches to places of worship for consistency with ZDO Section1015
Section 1001 General Provisions
  • Amend a citation for consistency with proposed amendment to ZDO Section 825
Section 1005 Site and Building Design
  • Move the minimum separation distance standards for the HDR, RCHDR, and SHD Districts from Section 1018, proposed for repeal, to Section 1005 with minor edits to correct errors and remove redundancies in the existing language
  • Repeal two references to Section 1018, which is proposed for repeal
Section 1007 Roads and Connectivity
  • Change references from church to place of worship for consistency with ZDO Section 1015
Section 1010 Signs
  • Move sign standards for produce stands and farmers’ markets to this section from ZDO Sections 815 and 840, respectively
Section 1015 Parking and Loading
  • Move parking standards for bed and breakfast residences/inns, two types of home occupations and recreational vehicle camping facilities to this section from ZDO Sections 832, 806/836 and 813, respectively
Section 1016 Multi-Use Development
  • Move this section to the Special Use Requirements portion of the ZDO by renumbering it as Section 844
  • Repeal the applicability subsection, which is redundant with the sections of the ZDO that regulate individual zoning districts
  • Repeal the approval criteria subsection, which is redundant with the conditional use criteria in Section 1203
  • Repeal a use listing for “preexisting uses” because it is redundant with Section 1206 for nonconforming uses
  • Repeal references to the Open Space Management District because multi-use developments are no longer allowed in that zone but the conforming amendments to this section were not made
  • Repeal a redundant reference to maximum building height
  • Repeal redundant references to variances and design review, which apply independently of Section 1016
  • Repeal sign plan submittal requirements because they are redundant with Section 1102
  • Repeal addressing and road naming standards because they are redundant with the county’s addressing and road naming ordinance
  • Repeal redundant references to minimum site area and minimum base density from Table 1016-1 (proposed to be changed to 844-1)
Section 1017 Solar Access
  • Repeal the definitions that apply only in Section 1018 because it is proposed for repeal
  • Repeal the definition of undevelopable area and most of the context within which it applies
  • Reduce the percentage of lots or parcels that must meet the solar access design standard (unless an exception is granted) from 80 to 70
  • Reduce the basic design standard from three alternatives to one
  • Repeal the exemptions subsection
  • Modify the existing shade exception to correspond with the repeal of the concept of nonexempt trees and for consistency with Section 1002
  • Repeal the protection from future shade subsection because Section 1018, to which it relates, is proposed for repeal
  • Move two submittal requirements to Section 1105 and repeal the remainder
Section 1018 Solar Balance Point/Infill
  • Move the building separation standards that apply in the HDR, RCHDR and SHD Districts to Section 1005
  • Repeal the remainder of Section 1018 because it is difficult to administer, conflicts with the goal of infill development and serves primarily to protect passive solar access rather than rooftop solar energy systems
Section 1021 Refuse and Recycling Standards for Commercial, Industrial, and Multifamily Developments
  • Change the title for consistency with the county’s solid waste ordinance and to remove unnecessary references to the types of development, which are addressed in the applicability subsection
  • Repeal redundant references to property owner responsibility for ongoing maintenance of required facilities as this is covered elsewhere in the ZDO
  • Repeal a redundant reference to the applicability of Section 1009
  • Repeal a redundant reference to the applicability of the county’s solid waste ordinance, which applies independently of the ZDO
  • Repeal provisions that apply to developments established prior to the adoption of this code section because they conflict with nonconforming use law/ZDO provisions
  • Incorporate the relevant portions of the purpose statement (proposed for deletion) into the modifications subsection
  • Repeal cost of service as a consideration in granting a requested modification
Section 1105 Subdivisions, Partitions, Replats, Condominium Plats, and Vacations of Recorded Plats
  • Move the application submittal standards related to solar access design for new lots to this section from Section 1017
Section 1307 Procedures
  • Correct a citation
  • Add several existing land use permits to Table 1307-1 that were inadvertently omitted when the table was created
  • Amend the references to wireless telecommunication facility permits for consistency with proposed amendments to ZDO Section 835

Phone:503-742-4500
Email:zoninginfo@clackamas.us

150 Beavercreek Road Room #225 Oregon City, OR 97045

Office Hours:

Phone
Monday to Friday: 8 a.m. to 5 p.m.

Office
Monday to Thursday: 8 a.m. to 4 p.m.

Friday: 8 a.m. to 3 p.m.

Related Events
Board of County Commissioners, Planning and Zoning
-