translate Translate
click to return to home page

Planning and Zoning

ZDO-293

ZDO-293

Ordinance ZDO-293, Minor and Time Sensitive Comprehensive Plan and ZDO Amendments proposes amendments to the county’s Comprehensive Plan and Zoning & Development Ordinance (ZDO) that are intended to accomplish the following five actions:

  1. Implement state mandates, which were adopted through legislation or administrative rulemaking, that are currently in effect or will become effective by July 1, 2026; 
  2. Align the County’s requirements in Agriculture and Forest zones with state law; 
  3. Amend certain height limit and dock prohibition standards within the Willamette River Greenway (WRG);
  4. Clarify how to identify front, rear, and side lot lines for the purpose of structure setback measurement; and 
  5. Make minor changes to the Comprehensive Plan and ZDO clarify provisions, reduce administrative barriers, and correct citations and typographical errors. 

A summary of the changes proposed for each section of the Comprehensive Plan and the ZDO are included below. To obtain emailed or printed copies of the full text of the proposed amendments, please contact Planning & Zoning at 503-742-4500 or zoninginfo@clackamas.us.

Notice of Land Use Public Hearings

for Community Planning Organizations, Hamlets, and Other Interested Parties

Subject: Ordinance ZDO-293: Minor and Time Sensitive Comprehensive Plan and ZDO Amendments FY2026 

Notice Date: April 6, 2026

Contact: Martha Fritzie, Principal Planner
150 Beavercreek Road, Oregon City, OR 97045
Phone: 503-742-4529
Email: mfritzie@clackamas.us

Minor and Time-Sensitive Comprehensive Plan and ZDO Amendments is a Planning project that is intended to be completed annually and focuses on relatively minor changes to the County’s Comprehensive Plan and Zoning and Development Ordinance (ZDO) that are necessary to comply with any new state and federal mandates, clarify existing language, correct errors, or adopt optional provisions that require only minimal analysis.

Ordinance ZDO-293 includes the minor and time sensitive amendments for fiscal year 2026 (FY22026) and proposes changes to one chapter of the Comprehensive Plan and 36 sections of the ZDO; the repeal of one ZDO section; and the addition of two new ZDO sections, in order to accomplish the following five actions:

  1. Implement state mandates, which were adopted through legislation or administrative rulemaking, that are currently in effect or will become effective by July 1, 2026;
  2. Align the County’s requirements in Agriculture and Forest zones with state law;
  3. Amend certain height limit and dock prohibition standards within the Willamette River Greenway (WRG);
  4. Clarify how to identify front, rear, and side lot lines for the purpose of structure setback measurement; and
  5. Make minor changes to the Comprehensive Plan and ZDO clarify provisions, reduce administrative barriers, and correct citations and typographical errors. 

The Planning Commission and Board of County Commissioners have scheduled hearings to receive testimony from the public and other interested parties on the proposed amendments. Because the amendments may affect your community or area of interest, we are giving you and your organization advance notice of the opportunity to review and comment on them before or at the public hearings.

A summary of the amendments proposed for each section of the ZDO will be available online. To obtain emailed or printed copies of the full text of the proposed amendments, please contact Planning & Zoning at 503-742-4500 or zoninginfo@clackamas.us.

Public Hearings and Testimony

Interested parties are welcome to provide testimony in advance of or at the hearings listed below. The Planning Commission public hearings are held virtually using the Zoom platform. The Board of County Commissioners public hearings are held both in-person and virtually using the Zoom platform. One week before the hearing dates, a Zoom link to the public hearing and details on how to observe and testify will be posted at the hearing web address.

Public Hearing Dates and Times:

Written testimony may be submitted before the hearings to Martha Fritzie at mfritzie@clackamas.us or 150 Beavercreek Road, Oregon City, OR 97045.

  • Written testimony received by 4 p.m., Wednesday, April 29, 2026, will be included in the information packet provided to the Planning Commission one week before its scheduled hearing; written testimony received after that time and before 10 a.m., Monday, May 11, 2026, will be emailed to the Planning Commission before the hearing. If the Planning Commission continues the May 11th hearing, additional testimony submittal deadlines will be identified at that hearing.
  • Written testimony received by 4 p.m., Monday, June 1, 2026, will be included in the information packet provided to the Board of County Commissioners (BCC) one week before its scheduled hearing; written testimony received after that time and before 4 p.m., Monday, June 15, 2026, will be emailed to the BCC before the hearing. If the BCC continues the June 16th hearing, additional testimony submittal deadlines will be identified at that hearing.

Interested parties who want to present verbal testimony at either hearing will be asked to sign up and/or indicate their interest in testifying at the beginning of the hearing.

Overview of Proposed Amendments

Ordinance ZDO-293 proposes changes to accomplish the following five actions.

  1. Implement state mandates, which were adopted through legislation or administrative rulemaking, that are currently in effect or will become effective by July 1, 2026. 
    Generally, these mandates relate to urban housing (procedural and substantive changes); on-site parking in the urban area; and requirements to allow certain uses outright, including childcare centers, emergency shelters, residential treatment facilities and homes, mental and psychiatric hospitals, and crisis stabilization centers. Many of these changes would be limited to the urban area. 
    ZDO-293 includes amendments to include these mandatory items in the county’s ZDO, including:
    • Amending the Middle Housing Land Division (MHLD) process to allow shared water/wastewater facilities; allow a MHLD before, during and after middle housing building permits; and offer concurrent review of MHLD and partition/ subdivision; and
    • Amending the Expedited Land Division (ELD) process to reflect new requirements for no public notice; no public hearing; no allowance for any party to intervene in opposition; and that the applicant is the only party required to receive Notice of Decision and eligible to appeal.
    • Ensuring certain housing developments with Include 20 or more units of new single-family dwellings, manufactured dwellings, or middle housing within the Portland Metro urban growth boundary (UGB) are not subject to certain design standards related to such features as façade materials; roof decorations, form, or materials; or other architectural features.
    • Allowing for an applicant of a housing application within the UGB to “opt in” to new standards if they have become effective after application was submitted, if public notice has not been issued
    • Including standards for a new applicant type, called an “urban housing application”, for a residential zone change, planned unit development or variance. The process for this application would include notice to property owners within 300 feet and a comment window of 14 days, but limited appeal rights.
    • Including standards for another new application type that applies to housing applications in certain urban and rural areas that are reviewed under only clear & objective standards. The process for this application also requires property owners and only the applicant may appeal a decision to the Land Use Board of Appeals.
    • Allowing childcare facilities in farm zones, subject to certain criteria related to serving children in rural areas and must collocate with community center or school
    • Allowing by right certain specific uses and, where necessary, including a new definition to the ZDO for the specified use, including
      • A residential treatment facility or residential home within a UGB on certain publicly-owned lands and lands zoned for residential commercial, employment, and industrial uses.
      • A mental or psychiatric hospital and adjacent crisis stabilization center within a UGB on certain commercial, industrial or publicly-owned lands.
      • A preschool or pre-kindergarten with place of worship (does not apply if place of worship is a nonconforming use)
      • An emergency shelter that meet certain defined criteria within a UGB. This requirement sunsets if the most recently completed point-in-time count indicates the total sheltered and unsheltered homeless population is less than 0.18 percent of the state population
      • A childcare center in multifamily residential, commercial, and light industrial zones.
    • Implementing changes related to parking and parking lots within the UGB that are currently in effect but are being administered directly from state law. ZDO-293 would include the amendments necessary to implement the parking rules through the ZDO, which will reduce confusion for applicants and make administration more efficient for staff. These amendments would apply to property in urban zones within the UGB and generally include the following:
    • Removal of references to minimum off-street parking requirements
    • Amended off-street parking maximums for certain locations
    • New tree canopy and other design standards for parking lots > 0.5 acre.
  2. Align the County’s requirements in Agriculture and Forest zones with state law. 
    Ordinance ZDO-293 includes proposed amendments resulting from an audit of the Exclusive Farm Use, Timber and Ag/Forest zones to ensure they are consistent with, and no more restrictive than, state law. The proposal would:
    • Remove references to State Wildfire Map that was repealed in 2025 (also affects some rural residential lands)
    • Remove extensive table of uses and replace with a statement that uses permitted in the AG/F District are those allowed in the EFU District, subject to standards in the EFU District, and those allowed in the TBR District, subject to the standards in the TBR District, and subject to certain limitations. This is not a substantive change, rather it is proposed for clarity and to ensure that future code amendments do not inadvertently create inconsistency between Ag/F and EFU and TBR.
    • Reorganize some standards to be more consistent with structure in state law to make future amendments easier.
    • Incorporate amendments from recent state rulemaking that codified certain common law standards related to
    • Farm impacts test analyses
    • Agri-tourism events standards
    • Transportation facilities subject to farm impacts test
    • Private park definition and clarifications
  3. Amend certain height limit and dock prohibition standards within the Willamette River Greenway (WRG). The Willamette River Greenway (WRG), established through Statewide Planning Goal 15, is a corridor of water and land in which development is planned and built with recognition of the unique qualities of the Willamette River. Ordinance ZDO-293 proposed two specific amendments within the WRG.
    • Repeal an unnecessary dock prohibition affecting certain areas of the WRG. There are two stretches of the Willamette River – called Limited Use areas - in which new private non-commercial docks are prohibited.
      However, based on an analysis of lots, existing dwellings, and existing docks within the two Limited Use areas, staff have found that all but three of the lots within the Limited Use areas that have river frontage and a dwelling already have a dock, and that none of the vacant lots with river frontage in the Limited Use areas are zoned for residential development. In addition, there is no state requirement to prohibit docks anywhere on the river and there is no basis or evidence in the county’s records to warrant the dock prohibition.
      Ordinance ZDO-293 would repeal the prohibition on new docks in the Limited Use area and allow private, non-commercial docks to be established as an accessory use, subject to the same standards and processes as such docks elsewhere on the river.
    • Remove the 35-foot height limit for properties located within the WRG and designated as High Density Residential (HDR). Currently the ZDO limits the height for all residential development within the WRG boundary to 35 feet. Inside the UGB, the vast majority of residential lots within the WRG boundary are in a low-density residential designation, which has a height limit of 35 feet for development even outside the WRG. There are, however, a limited number of lots within the WRG that have a High Density Residential (HDR) zoning designation The HDR zoning district is intended for multifamily development; currently has a maximum allowed density of 25 dwelling units per acre; and has no specified height limit outside the WRG.
      A property owner within the WRG requested the county consider removing the 35-foot height limit so that more housing could be developed. Ordinance ZDO-293 includes this consideration and would remove the 35-foot height limit for lots within the WRG that are also within the HDR zoning district.
  4. Clarify how to identify front, rear, and side lot lines for the purpose of structure setback measurement. The way that setbacks are reviewed has not changed substantially since the ZDO was adopted in 1980. At that time, the shape and dimensions of lots were strictly controlled, which allowed for a relatively rigid set of setback rules. Since then, however, many of the standards controlling lot shape and dimensions have been repealed, nonconforming lots are no longer required to be consolidated, new access and life safety requirements outside the ZDO have changed the way developments are constructed, and changes to state and local rules regarding infill development have resulted in lot configuration and development that was not contemplated when the 1980 ZDO was drafted. As a result, the current setback rules sometimes create conflicts and confusion when applied to certain lots.
    The proposal under ZDO-293 will not change required setback distances. Rather it seeks to clarify how the front lot line is identified for setback purposes, thereby addressing some of the most common administrative challenges identified by staff, including:
    • Private access easements
    • Fire turnarounds
    • Unusual flag lots
    • Rounded and “unintentional” corner lots
      Ordinance ZDO-293 includes amendments to provide these clarifications.
  5. Make minor changes to the Comprehensive Plan and ZDO clarify provisions, reduce administrative barriers, and correct citations and typographical errors. 
    • Remove references to a zoning district that has been repealed.
    • Remove the limit on refiling applications, which requires staff to make a determination about whether the application is “substantially similar” to the previous application.
    • Remove option for a two-year time extension for most land use applications and extend the approval period for those application by two years to reduce administrative burdens on both applicants and staff. Time extensions in EFU, AG/F, and TBR Districts will remain, pursuant to relevant state law requirements.
    • Revise an outdated provision required by the Metro Code.
    • Clarify provisions that routinely cause confusion for staff and customers.
    • Correct citations and typographical errors.

Additional Information and Staff Report

or

or

Clackamas County is committed to providing meaningful access and will make reasonable accommodations, modifications, or provide translation, interpretation or other services upon request. Please contact us at 503-742-4545 or email DRenhard@clackamas.us.

503-742-4545:¿Traducción e interpretación? |Требуется ли вам устный или письменный перевод? |翻译或口译？| Cấn Biên dịch hoặc Phiên dịch? | 번역 또는 통역?

Summary of Proposed Amendments to Comprehensive Plan Chapter 3, Natural Resources and Energy

  1. Remove policy prohibiting docks in Limited Use area of Willamette River Greenway 
  2. Amend policy to allow for residential buildings in a high density residential designation within the Willamette River Greenway to exceed 35 feet in height.  

Summary of Proposed Amendments to Section 202, Definitions

  1. Amend definitions of Child Care Facility, Family Child Care Home and add definition of Child Care Center, pursuant to HB 3109[2021] and HB 3560[2025]. 
  2. Add definition of Residential Treatment Facility and Residential Treatment Home, pursuant to HB 2005 [2025] 
  3. Clarify that an Access Drive serves exactly two lots or parcels.
  4. Clarify that a lot within the curve of a single road where the curve contains multiple radii is not a corner lot.
  5. Clarify provisions related to triangular shaped lots apply to lots with only three lot lines, or lots that front on curved streets with only two other lot lines.
  6. Clarify that emergency vehicle turnaround and pullout areas that are contained within easements across private properties should be considered side lot lines when measuring setbacks, unless motor vehicle access to the subject property also crosses the emergency vehicle turnaround and pullout area.
  7. Clarify definition of Lot Line, Rear to address situations where a lot has a limited extent of front lot line.
  8. Amend definition of Building Line to address corner lots, through lots, and lots where the building is not constructed exactly parallel to the front lot line. 
  9. Add definitions for Private Street and Internal Street.
  10. Amend definition of Property Line Adjustment to reflect past practice of allowing multiple line segments of a single boundary to be adjusted with one application.
  11. Add definition of Boundary Line.
  12. Add definition of Parking Area, Motor Vehicle.
  13. Add definitions for Driveway, Drive Aisle, and Internal Street.
  14. Amend definition of Lot Area or Lot Size to allow property owners to measure to road centerlines along their frontage(s) in areas with Comprehensive Plan designations of Rural, Agriculture, or Forest. 
  15. Remove definitions for terms no longer used in the ZDO and make other clarifying edits.

Summary of Proposed Amendments to 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

  1. Allow child care centers as primary use in all urban residential zones that allow at least 17 dwelling units per acre and allow child care centers as primary use in all urban residential zones if collocated with certain types of institutional uses, pursuant to HB 3109[2021] and HB 3560[2025].
  2. Allow emergency shelter to be sited in all urban residential zones, if standards in new Section 848 are met, including specific requirements for the entity that must operate the shelter. May not be sited within regulated hazard areas and allowance will sunset if state homeless population is less than 0.18% of total state population, pursuant to ORS 197.782 – 783. 
  3. Allow residential treatment facilities and residential treatment homes as a primary use in all residential zones, subject to standards in new Section 849, pursuant to HB 2005 [2025].
  4. Exempt developments with 20 or more dwelling units from the building design standards in Table 315-2 and Table 315-3, pursuant to SB 974[2025].

Summary of Proposed Amendments to 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 

  1. Allow child care centers as primary if located within the Portland Metro Urban Growth Boundary (PMUGB) and collocated with certain institutional uses, pursuant to HB 3109[2021] and HB 3560[2025].
  2. Add “NA” notation in Table 316-1 to clarify where certain listed uses are not applicable to a particular zoning district. 

Summary of Proposed Amendments to Section 401, Exclusive Farm Use District (EFU)

  1. Allow “child care facilities, preschool recorded programs or school-age recorded programs” for children of residents and workers of the rural area in which the facility or program is located and provided the use must collocate with community center or school.
  2. “Audit” the entire section for consistency with requirements of state law and edit as needed for compliance.
  3. Update for consistency with Oregon Administrative Rule amendments that became effective in January 2025. Amendments pertain to the analysis required for the farm/forest impacts test, tax return transcript requirement for permits that are dependent on demonstrating farm income, limits on certain home occupations, agri-tourism-related definitions, the definition of “private park,” and clarifying which transportation uses are subject to the farm/forest impacts test.  
  4. Repeal the fire hardening construction standards that were tied to the now-repealed statewide map of wildfire risk.
  5. Repeal the “capability test” farm dwelling provisions because the county has not prepared the required gross sales figures. If this work is completed, the provisions can be added back, but currently they create confusion for staff and the public.
  6. Add land division allowances from state law that are not currently in the ZDO.
  7. Correct errors in the approval period and time extension provisions for consistency with state law.

Summary of Proposed Amendments to Section 406, Timber District (TBR)

  1. “Audit” the entire section for consistency with requirements of state law and edit as needed for compliance.
  2. Resolve inconsistency with state regulations by removing the dates that limit the applicability of various siting standards for new structures.
  3. Resolve inconsistency with state regulations by adding a tree stocking requirement as a condition of approval applicable to new dwellings. It appears this provision was inadvertently removed from the ZDO in 2012.
  4. Delete redundant definitions.
  5. Amend notations in Table 406-1, Permitted Uses in the TBR District, to be more consistent with notations in the tables of uses for other zoning districts in the ZDO.

Summary of Proposed Amendments to Section 407, Ag/Forest District (AG/F) 

  1. Remove extensive table of uses and references to certain land use processes and replace with a statement that uses permitted in the AG/F District are those allowed in the EFU District, subject to Section 401, Exclusive Farm Use District (EFU), and those allowed in the TBR District, subject to Section 406, Timber District (TBR), subject to certain limitations. This is not a substantive change, rather is proposed for clarity and to ensure that future code amendments do not inadvertently create inconsistencies between AG/F and EFU and TBR.

Summary of Proposed Amendments to 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

  1. Allow child care centers as primary use in all commercial zones, pursuant to HB 3109[2021] and HB 3560[2025].
  2. Allow emergency shelter to be sited in all commercial zones, if standards in new Section 848 are met, including specific requirements for the entity that must operate the shelter. May not be sited within regulated hazard areas and allowance will sunset if state homeless population is less than 0.18% of total state population, pursuant to ORS 197.782 – 783.
  3. Allow residential treatment facilities and residential treatment homes as a primary use in all commercial zones, subject to standards in new Section 849, pursuant to HB 2005 [2025].
  4. Allow mental or psychiatric hospitals as a primary use in all commercial zones, only if located adjacent to crisis stabilization center. Allow crisis stabilization center as primary use in all commercial zones use on publicly-owned land, only if located adjacent to a mental or psychiatric hospital. These uses are subject to standards in new Section 849 (HB 2005 [2025]).
  5. Add “single room occupancies” as an allowed dwelling type in all commercial zones that currently allow multifamily dwellings to be consistent with allowances in multifamily residential zones.

Summary of Proposed Amendments to Section 511, Village Community Service District (VCS)

  1. Replace “child care facilities” with “child care centers”
  2. Allow emergency shelter to be sited, if standards in new Section 848 are met, including specific requirements for the entity that must operate the shelter. May not be sited within regulated hazard areas and allowance will sunset if state homeless population is less than 0.18% of total state population, pursuant to ORS 197.782 – 783. 
  3. Allow residential treatment facilities and residential treatment homes as a primary use, subject to standards in new Section 849 , pursuant to HB 2005 [2025].
  4. Allow mental or psychiatric hospitals as a primary use, only if located adjacent to crisis stabilization center. Allow crisis stabilization center as primary use on publicly-owned land, only if located adjacent to a mental or psychiatric hospital. These uses are subject to standards in new Section 849 (HB 2005 [2025]).

Summary of Proposed Amendments to Section 512, Village Office District (VO)

  1. Allow child care centers as primary use, pursuant to HB 3109[2021] and HB 3560[2025].
  2. Allow emergency shelter to be sited, if standards in new Section 848 are met, including specific requirements for the entity that must operate the shelter. May not be sited within regulated hazard areas and allowance will sunset if state homeless population is less than 0.18% of total state population, pursuant to ORS 197.782 – 783. 
  3. Allow residential treatment facilities and residential treatment homes as a primary use, subject to standards in new Section 849 , pursuant to HB 2005 [2025].
  4. Allow mental or psychiatric hospitals as a primary use, only if located adjacent to crisis stabilization center. Allow crisis stabilization center as primary use on publicly-owned land, only if located adjacent to a mental or psychiatric hospital. These uses are subject to standards in new Section 849 (HB 2005 [2025]).

Summary of Proposed Amendments to Section 602, Business Park, Light Industrial, and General Industrial Districts (BP, LI and GI)

  1. Allow child care centers as primary use in LI and BP zones, pursuant to HB 3109[2021] and HB 3560[2025].
  2. Allow emergency shelter to be sited in all industrial zones, if standards in new Section 848 are met, including specific requirements for the entity that must operate the shelter. May not be sited within regulated hazard areas and allowance will sunset if state homeless population is less than 0.18% of total state population. (ORS 197.782 – 783) 
  3. Allow residential treatment facilities and residential treatment homes as a primary use in LI and BP zones, subject to standards in new Section 849 (HB 2005 [2025]).
  4. Allow mental or psychiatric hospitals as a primary use in all industrial zones, only if located adjacent to crisis stabilization center. Allow crisis stabilization center as primary use in all industrial zones use on publicly-owned land, only if located adjacent to a mental or psychiatric hospital. These uses are subject to standards in new Section 849 (HB 2005 [2025]).

Summary of Proposed Amendments to Section 703, Floodplain Management District (FMD)

  1. Change approval period to six years with no option for a time extension, instead of the current four years plus an optional two-year time extension. 
  2. Correct citation.

Summary of Proposed Amendments to Section 704, River and Stream Conservation Area (RSCA)

  1. Change approval period to six years with no option for a time extension, instead of the current four years plus an optional two-year time extension. 

Summary of Proposed Amendments to Section 705, Willamette River Greenway (WRG)

  1. Remove the 35-foot height limit for residential buildings in the High Density Residential (HDR) District.
  2. Add clarification on how to measure dock and boathouse area.
  3. Remove the prohibition on private noncommercial docks and moorages in the Limited Use rural portions of the WRG identified on Comprehensive Plan Map 3-1e, Willamette River Greenway Design Plan.
  4. Change approval period to six years with no option for a time extension, instead of the current four years plus an optional two-year time extension. 

Summary of Proposed Amendments to Section 706, Habitat Conservation Area District (HCAD)

  1. Change approval period to six years with no option for a time extension, instead of the current four years plus an optional two-year time extension. 
  2. Correct citation.

Summary of Proposed Amendments to Section 709, Water Quality Resource Area District (WQRAD)

  1. Change approval period to six years with no option for a time extension, instead of the current four years plus an optional two-year time extension. 

Summary of Proposed Amendments to Section 710, Sensitive Bird Habitat District (SBH)

  1. Change approval period to six years with no option for a time extension, instead of the current four years plus an optional two-year time extension. 

Summary of Proposed Amendments to Section 712, Private Use Airport and Safety Overlay Zone

  1. Clarify date for establishing current level of activity that may be continued.  
  2. Clarify that procedure for review of other (non-airport related uses) requires a Type II application.
  3. Correct citations and references.

Summary of Proposed Amendments to Section 713, Public Use Airport and Safety Overlay Zone

  1. Clarify date for establishing current level of activity that may be continued. 
  2. Remove definition of “public assembly facility,” a term that is not used anywhere in the ZDO.
  3. Remove redundant reference to the need to comply with the section.
  4. Clarify that procedure for review of other (non-airport related uses) requires a Type II application.
  5. Correct citations and references.

Summary of Proposed Amendments to Section 804, Places of Worship

  1. Update permitted accessory activities in Subsection 804.02(A) to include preschools or prekindergarten education, as required by SB 1099 [2025].

Summary of Proposed Amendments to Section 806, Home Occupations to Host Events

  1. Clarify which development standards sections from Section 1000 apply to Home Occupations to Host Events.
  2. Eliminate the standards for portable restrooms due to significant confusion for applicants related to how the standard worked with other department’s standards (i.e. Building Code, Septic rules)
  3. Add the requirement to Screening and Buffering section, which provides standards and guidance to use landscaping, fencing, or other techniques to mitigate impacts of dissimilar uses. 
  4. Conforming amendment necessary due to proposed changes to use tables in AG/F, EFU, and TBR Districts.

Summary of Proposed Amendments to Section 837, Mobile Vending Units

  1. Remove off-street motor vehicle parking requirement for locations within urban zoning districts, which includes those regulated by ZDO Sections 315, 510, 511, 512, 602, and 702, to comply with recent changes to OAR 660, Division 12. Off-street motor vehicle parking requirements would remain for other zones in which this use is allowed. 

Summary of Proposed Amendments to Section 839, Accessory Dwelling Units

  1. Repeal the fire hardening construction and defensible spaces standards that were tied to the now-repealed statewide map of wildfire risk.

Summary of Proposed Amendments to Section 840, Farmers Markets

  1. Remove off-street motor vehicle parking requirement for locations within urban zoning districts, which includes those regulated by ZDO Sections 315, 510, 511, 512, 602, and 702, to comply with recent changes to OAR 660, Division 12. Off-street motor vehicle parking requirements would remain for other zones in which this use is allowed.

Summary of Proposed Amendments to Section 841, Marijuana Production, Processing, and Retailing

  1. Correct citations to ORS sections and to Oregon Liquor and Cannabis Commission.  
  2. Change approval period to six years with no option for a time extension, instead of the current four years plus an optional two-year time extension. 

Summary of Proposed Amendments to Section 845, Triplexes, Quadplexes, Townhouses, and Cottage Clusters

  1.  Exempt townhouse developments with 20 or more units from the building design standards in Section 845.03(C), pursuant to SB 974[2025].

Summary of Proposed Addition of Section 848, Emergency Shelter Siting

  1. Add standards for emergency shelter siting, as required by HB 2026 [2021] and reflected in ORS 197.782 – 783. Standards include specific requirements for operator of emergency shelter, siting requirements and list of services that may be provided. Approval of an emergency shelter siting sunsets if, in the most recent point-in-time count, total sheltered and unsheltered homeless population was less than 0.18 percent of the state population.
  2. Require review of an emergency shelter as a new Type II-S application, as described in Section 1307, Procedures. 

Summary of Proposed Addition of Section 849, Residential Treatment Facilities, Residential Treatment Homes, Mental or Psychiatric Hospitals, and Crisis Stabilization Centers

  1. Add standards for certain residential treatment facilities, residential treatment homes, mental or psychiatric hospitals, and crisis stabilization centers, as required by HB 2005 [2025].  
  2. Require review of any of these uses as a new Type II-S application, as described in Section 1307, Procedures.

Summary of Proposed Amendments to Section 903, Setback Exceptions

  1. Revise alternative setback options for flag lots to be clear and objective, and to account for flag lots that are not rectilinear.
  2. Remove standards that provided a process for a reduced front setback for alterations to a structure with a lawfully nonconforming front setback. This process is removed as the standards were both duplicative to the nonconforming use process established in ZDO 1206 and potentially imposed a greater restriction on property owners with nonconforming structures than is allowed under ORS 215.130.

Summary of Proposed Amendments to Section 1005, Site and Building Design

  1. Fix incorrect citations/references:
    • 1005.05(H) references 1009.04(A)(2) but it is intended to reference 1009.03(A)(2).
    • 1005.09(E) references 1005.10(G) and (L) but it is intended to reference 1005.09(G) and (L).
  2. Remove the prohibition on silos, towers, or other specialized storage structures in the LI zone and include screening requirements.
  3. Add requirement that on-site walkways must connect primary building entrances to accessible parking spaces, to comply with recent changes in ORS 660, Division 12.
  4. Replace “major on site vehicular circulation ways” with “internal streets” to be consistent with proposed new definition of internal streets in Section 202, Definitions.

Summary of Proposed Amendments to Section 1009, Landscaping

  1. Include climate mitigation actions and tree canopy requirements for new off-street parking lots that are over one-half acre in size and within the Portland Metropolitan Urban Growth Boundary, to comply with recent changes to OAR 660, Division 12.

Summary of Proposed Amendments to Section 1010, Signs

  1. Remove references to CI zoning district, which is no longer applied in the county, including a reference to the definition of “site area.” Replace with reference to the same definition found in Section 844, Multi-Use Developments.
  2. Clarify that the standards for signs in Commercial zoning districts apply to all signs in Commercial zoning districts, not just commercial signs.

Summary of Proposed Amendments to Section 1015, Parking and Loading

  1. Remove off-street motor vehicle parking requirement for locations within urban zoning districts, which includes those regulated by ZDO Sections 315, 510, 511, 512, 602, and 702, to comply with recent changes to OAR 660, Division 12.
  2. Amend standards currently tied to the minimum number of required spaces to apply to the number of provided spaces, if no minimum number of spaces are required.
  3. Amend maximum off-street parking requirements for certain uses within the Portland Metropolitan Urban Growth Boundary to comply with to OAR 660, Division 12, while maintaining compliance with Metro’s Regional Transportation Functional Plan. Where the two standards conflicted, the more restrictive standard was applied. Amendments includes a new definition of “Urban Zone A” to incorporate requirements of OAR 660, Division 12.
  4. Replace “major on site circulation drive aisles” with “internal streets” for consistency and to reflect with proposed new definition of internal streets in Section 202, Definitions.
  5. Includes conforming amendments.

Summary of Proposed Amendments to Section 1102, Design Review

  1. Require design review for institutional uses in any zoning district. Institutional uses are subject to the development standards in Section 1000, but it is not currently clear is some zoning districts process is required for review of a proposed development against those standards.
  2. Change approval period to six years with no option for a time extension, instead of the current four years plus an optional two-year time extension.

Summary of Proposed Amendments to Section 1103, Open Space Review

  1. Change approval period to six years with no option for a time extension, instead of the current four years plus an optional two-year time extension.

Summary of Proposed Amendments to Section 1105, Subdivisions, Partitions, Replats, Middle Housing Land Divisions, Condominium Plats, and Vacations of Recorded Plats

  1. Adopt new standards and submittal requirements for Expedited Land Divisions, pursuant to Section 19 of House Bill 2138 [2025].
  2. Adopt amended standards for Middle Housing Land Divisions, pursuant to Section 14 of HB 2138 [2025].
  3. Minor renumbering housekeeping amendments resulting from new section created for (1) and other citation corrections.
  4. Change approval period to six years with no option for a time extension, instead of the current four years plus an optional two-year time extension.

Summary of Proposed Amendments to Section 1107, Property Line Adjustments

  1. Change approval period to six years with no option for a time extension, instead of the current four years plus an optional two-year time extension.

Summary of Proposed Amendments to Section 1203, Conditional Uses

  1. Change approval period to six years with no option for a time extension, instead of the current four years plus an optional two-year time extension.

Summary of Proposed Amendments to Section 1205, Variances

  1. Change approval period to six years with no option for a time extension, instead of the current four years plus an optional two-year time extension.

Summary of Proposed Amendments to Section 1206, Nonconforming Uses and Vested Rights

  1. Removes two Oxford commas to align ZDO 1206.05(A) and (B) with ORS 215.130(10)(a) and (11).
  2. Removes option for time extension for approval period, which was inconsistent with the allowed discontinuance period of a nonconforming use.

Summary of Proposed Amendments to Section 1307, Procedures

  1. Adopt changes to the review procedures for Type II-E land use applications (applicable to expedited land divisions and middle housing land divisions) to align with changes adopted per House Bill 2138 [2025].
  2. Remove time extension, subject to Section 1310 (which is proposed for repeal) from Table 1307-1, Land Use Permits by Procedure Type.
  3. Allow for one property owner or each taxlot within a subject property to sign to authorize a land use application. This change will enable the county to begin processing land use applications through an online portal.
  4. Amend time period a Type I application can be made complete from 60 to 180 days, to be consistent with Type II and III land use applications.
  5. Remove limitations on refiling an application, which requires staff to make a determination about whether the application is “substantially similar” to the previous application.
  6. Remove reference to criteria listed in refiling section proposed for removal. Allow modifications to conditions of approval if they meet the criteria in Section 1309, Modifications, rather than meeting the limited circumstances currently referenced.
  7. Add two new land use application types and procedures:
    1. Type I-H, for certain housing applications utilizing only clear & objective standards for review, pursuant to Section 17, HB 4037[2026].
    2. Type II-S, for specific use applications that are required by state law to have different procedural aspects, including in some case limited notice of application and limited appeal rights. The applications follow the Type II procedures and processes except where specifically noted in this section. Type II-S applications include the new “urban housing application” required pursuant to ORS 197A.146.

Proposed Repeal of Section 1310, Time Extension

  1. Section proposed for repeal because implementation creates an unnecessary burden on both applicants and Planning staff. Two-year time extensions are rarely denied, unless standards have changed during the original approval period (typically four years). Rather than require an additional fee and application, that takes a substantial amount of time for staff to review, the proposal is to eliminate the two-year time extensions for most land use approvals in most zoning districts and allow two additional years for the original approval.
  2. All Sections of the ZDO that currently have a four-year approval period plus an optional two-year time extension are proposed to change to a six-year approval period with no option for a time extension.
  3. Exceptions are the AG/F, EFU, and TBR Districts, in which approval periods and time extensions for certain uses are specified in state law. Amendments are proposed for these sections to ensure approval period and time extension provisions are consist with state law.
Development Service Building

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

150 Beavercreek Road Room #225 Oregon City, OR 97045

Office Hours:

Monday to Thursday 
8 a.m. to 4 p.m.

What's My Zoning?

Related Events

Related Events
Planning and Zoning
-
Hearings Officer: Z0032-26 - April 30, 2026
More details
more events

Related News

Related News
Transportation and Development, Building Codes, Planning and Zoning, Septic and Onsite Wastewater Systems
Protect yourself from fraud
More details