Planning and Zoning

703.01 FINDINGS OF FACT

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

A. 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.

B. 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:

A. Promote the public health, safety, and general welfare;

B. Protect human life and health;

C. Minimize public and private flood losses due to flooding in flood hazard areas;

D. Minimize expenditure of public money for costly flood control projects;

E. Minimize prolonged business interruptions;

F. 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;

G. 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;

H. 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;

I. Require that uses vulnerable to floods, including public facilities that serve such uses, be provided with flood protection at the time of initial construction;

J. Notify those who occupy special flood hazard areas that they assume responsibility for their actions;

K.. 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

L. 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).

A. 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.

B. 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.

A. 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:

A. Water-dependent uses. A "no-rise" certification shall be provided.

B. 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.

a. The measures shall not encroach any further into the stream channel than the pre-existing conditions.

b. The measures shall not add any more cubic yards of bank material than was in place in the pre-existing conditions.

c. The measures shall not exceed the height of the bank nor protrude above the topography that was in place in the pre-existing conditions.

d. 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.

e. 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.

C. Hydroelectric facilities. A "no-rise" certification shall be provided;

D. Stream crossings. A "no-rise" certification shall be provided;

E. 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 1206.07.

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:

A. 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.

B. 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.

C. 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.

D. 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.

E. 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.

F. The Planning Director shall maintain for public inspection all records pertaining to the provisions of Section 703.

G. The Planning Director shall review all floodplain development permits to determine if the proposed development activity qualifies as a substantial improvement.

H. The Planning Director shall provide to building officials the regulatory flood protection elevation applicable to any building requiring a building permit.

I. 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.

J. 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.

A. 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).

a. 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.

b. 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.

B. 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.

C. 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.

D. 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:

a. Installation of watertight doors, bulkheads, and shutters;

b. Reinforcement of walls to resist water pressure;

c. Use of paints, membranes, or mortars to reduce seepage of water through walls;

d. Addition of mass or weight to structures to resist flotation;

e. Installation of pumps to lower water levels in structures;

f. Construction of water supply and waste treatment systems to prevent the entrance of floodwaters;

g. Pumping facilities for subsurface external foundation wall and basement floor pressures;

h. Construction to resist rupture or collapse caused by water pressure or floating debris;

i. Cutoff valves on sewer lines or the elimination of gravity flow basement drains; and

j. Requirements for construction of channel modifications, dikes, levees, and other protective measures.

E. 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.

F. Approval Period: Approval of an FDP is valid for six 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 six-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.

a. A "major development permit" is:

i. A building or manufactured dwelling placement permit for a new primary structure that was part of the FDP approval; or

ii. A permit issued by the County Engineering Division for parking lot or road improvements that were part of the FDP approval.

703.10 GENERAL FMD STANDARDS

Development in the FMD shall comply with the following standards:

A. 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.

B. 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.

a. 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.

b. 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.

c. 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.

d. 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.

e. The interior grade of a crawl space below the BFE shall not be more than two feet below the lowest adjacent exterior grade.

f. 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.

g. 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.

h. 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.

a. 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.

b. 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.

C. 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.

D. 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.

E. 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.

F. 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:

a. 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.

b. 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.

c. Placement of the fill shall require approval of a grading permit.

d. 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.

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:

a. Excavation below the level of the seasonal groundwater table shall not be used in balancing fill volumes against excavation volumes;

b. The mean annual groundwater level shall be determined by soil morphology, or other available data on groundwater conditions;

c. Balancing of a fill shall occur at the same time as the fill is placed on the development site;

d. 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;

e. A professional engineer or licensed architect shall certify that the amount of material removed balances the amount of fill material;

f. 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

g. When the balancing occurs off-site, the application shall also include:

i. Authorization from the owner of the property where the balancing will occur; and

ii. 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):

a. Removal and/or fill necessary to plant new trees or vegetation;

b. Removal and/or fill required for the construction of storm-water runoff detention facilities and/or structures; and

c. Removal and/or fill required for the construction of other facilities such as levees designed specifically to reduce or mitigate flood impacts.

G. 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.

H. 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.

I. 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:

a. The proposed development requires toxic or hazardous materials for operation.

b. An area outside the SFHA is not available to be used for storage or use of toxic or hazardous materials.

c. The containers, structures, facilities and machinery that contain, use or process the toxic or hazardous materials shall be elevated:

i. A minimum of two feet above the BFE in AE zones, as indicated on the FIRM or determined pursuant to Subsection 703.08(B);

ii. 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

iii. 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.

iv. 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).

J. 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

A. 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.

a. 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.

b. The bottom of all openings shall be no higher than one foot above grade.

c. 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.

a. 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).

b. The structure shall have structural components capable of resisting hydrostatic and hydrodynamic loads and effects of buoyancy.

c. 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.

B. 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.

C. 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.

D. 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

A. 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:

a. A minimum of one foot above the BFE in AE zones, as indicated on the FIRM or determined pursuant to Subsection 703.08(B);

b. 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

c. 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.

B. 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

A. 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.

B. 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.

C. The written notice required by Subsection 703.13(B) shall be maintained with a record of all variance actions.

[Amended by Ord. ZDO-230, 09/26/2011; Amended by Ord. ZDO-248, 10/13/2014; Amended by Ord. ZDO-275, 01/18/2019; Amended by Ord. ZDO-293, 09/08/2026]

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.

³ A crisis stabilization center must locate on property owned by a public body, as defined in ORS 174.109, and adjacent to where a mental or psychiatric hospital licensed under ORS 441.025 is or will be located as established by a pending development application.

⁴Employee amenities shall be located in the same structure as the use to which they are accessory.

⁵A mental or psychiatric hospital established as a primary use must be located adjacent to where a crisis stabilization center, as defined in ORS 430.626 and licensed under ORS 430.627, is or will be located as established by a pending development application.

⁶Temporary signs regulated under Subsection 1010.13(A) are a primary use.

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.

⁹Utility 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, 06/01/2015; Amended by Ord. ZDO-254, 01/04/2016; Amended by Ord. ZDO-266, 05/23/2018; Amended by Ord. ZDO-268, 10/02/2018; Amended by Ord. ZDO-280, 10/23/2021; Amended by Ord. ZDO-287, 08/03/2023; Amended by Ord. ZDO-285, 09/03/2024; Amended by Ord. ZDO-288, 09/09/2024; Amended by Ord. ZDO-293, 09/08/2026]

ZDO 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 (PCO) Districts

510.01 Purpose

Section 510 is adopted to implement the policies of the Comprehensive Plan for the Neighborhood Commercial zoning district and Community Commercial, Regional Center Commercial, Retail Commercial, Corridor Commercial, General Commercial, Planned Mixed Use, Station Community Mixed Use, Office Apartment, Office Commercial, and Regional Center Office areas.

510.02 Applicability

Section 510 applies to land in the 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 (OA), and Regional Center Office (RCO) Districts, hereinafter collectively referred to as the urban commercial and mixed-use zoning districts.

510.03 Uses Permitted

Uses permitted in each zoning district are listed in Table 510-1, Permitted Uses in the Urban Commercial and Mixed-Use Zoning 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.

1. As used in Table 510-1:
   1. "P" means the use is a primary use.
   2. "A" means the use is an accessory use.
   3. "L" means the use is a limited use and shall be developed concurrently with, or after, a primary use.
   4. C" means the use is a conditional use, approval of which is subject to Section 1203, Conditional Uses.
   5. "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.
   6. "X" means the use is prohibited.
   7. Numbers in superscript correspond to the notes that follow Table 510-1.
2. If a use is identified in Table 510-1 as prohibited, it is prohibited even if it also falls within a broader use description that is permitted in the applicable zoning district. For example, a car wash may be prohibited even if commercial services in general are permitted.
3. If a use is included in more than one use description in Table 510-1, the more specific listing applies. For example, if a car wash is a conditional use, but commercial services in general are a primary use, the car wash shall be reviewed as a conditional use. Notwithstanding this provision, a use may be included in two of the following categories because it is allowed with fewer restrictions in one category than another: primary, accessory, limited, and conditional. In that case, the use may be approved in either category, to the extent that it complies with the respective approval criteria. For example, hotels may be permitted as a limited use with a maximum building floor area and as a conditional use without a maximum building floor area.
4. Permitted uses are subject to the applicable provisions of Subsection 510.04, Dimensional Standards, Subsection 510.05, Development Standards, Section 1000, Development Standards, and Section 1100, Development Review Process.

510.04 Dimensional Standards

Dimensional standards applicable in the urban commercial and mixed-use zoning districts are listed in Table 510-2, Dimensional Standards in the Urban Commercial and Mixed-Use Zoning Districts. Modifications to the standards of Table 510-2 are established by Sections 800, Special Use Requirements; 903, Setback Exceptions; 904, Height Exceptions; 1012, Lot Size and Density; 1107, Property Line Adjustments; and 1205, Variances. As used in Table 510-2, numbers in superscript correspond to the notes that follow Table 510-2.

510.05 Development Standards

The following development standards apply:

1. Outdoor Operations in the NC District: In the NC District, primary and accessory uses, including storage of materials, products, or waste, shall be wholly contained within an approved structure.
2. Operational Impacts in the C-2 and C-3 Districts: In the C-2 and C-3 Districts, processes and equipment employed and goods processed or sold shall be limited to those that are not objectionable by reason of odor, dust, smoke, cinders, gas, fumes, noise, vibration, refuse matter, or water-carried wastes.
3. Storage in the C-2 District: In the C-2 District, storage of materials and merchandise shall be confined and contained within completely enclosed buildings.
4. Outdoor Operations in the RCC District: In the RCC District:
   1. Primary commercial uses are permitted provided that outdoor display and storage shall be limited to no more than five percent of the building coverage.
   2. Outdoor sales and services are prohibited.
5. Outdoor Operations in the RTL District: In the RTL District, primary commercial uses and conditional uses are permitted provided that:
   1. Outdoor display and storage shall be limited to no more than five percent of the building coverage.
   2. Notwithstanding Subsection 510.05(E)(1), auto body, recreational vehicle, and boat repair businesses shall store within a completely enclosed structure those vehicles and equipment that are damaged or being repaired.
   3. Primary commercial uses shall conduct most activities within a completely enclosed structure.
6. Outdoor Sales and Storage in the PMU District: In the PMU District, outdoor sales, except temporary sidewalk sales and sidewalk cafes and food vendors, are prohibited. Also prohibited is permanent outdoor storage of materials or products.
7. Site-Specific Standards in the PMU District: Six sites have a Comprehensive Plan designation of PMU. These sites are designated PMU1 through PMU6 and are identified on Comprehensive Plan Map IV-6, North Urban Area Land Use Plan Map. When one of these sites is zoned Planned Mixed Use District, a site number corresponding to the number designated by the Comprehensive Plan is assigned. A PMU site shall comply with the specific standards for that site identified in Table 510-3, Site-Specific Requirements for the PMU District, except that there are no site-specific standards for PMU6. As used in Table 510-3, numbers in superscript correspond to the notes that follow Table 510-3.
8. Outdoor Operations in the SCMU District: In the SCMU District, outdoor displays, processes, or storage, except for the storage of solid waste and recyclables either as required by Section 1021, Solid Waste and Recyclable Material Collection, or as an accessory use to a townhouse, are prohibited.
9. Outdoor Operations in the OA District: In the OA District, all primary and accessory uses associated with office uses, including storage of materials, products, or waste, shall be wholly contained within an approved structure. For the purposes of this provision, "office uses" include the following uses from Table 510-1, Permitted Uses in the Urban Commercial and Mixed-Use Zoning Districts: Business Services, Financial Institutions, Information Services, Offices, Office and Outpatient Clinics, and Research Facilities and Laboratories.
10. Outdoor Storage and Display in the OC District: In the OC District, outdoor storage or display of materials or products is prohibited.
11. Outdoor Sales, Storage, and Display in the RCO District: In the RCO District, outdoor sales, storage, or display of materials or products is prohibited.

Table 510-1: Permitted Uses in the Urban Commercial and Mixed-Use Zoning Districts

¹Required primary uses for each Planned Mixed Use site are listed in Table 510-3, Site-Specific Requirements for the PMU District.

² A minimum of 60 percent of the total building floor area on a site shall be primary use(s).

³ A maximum of 40 percent of the total building floor area on a site may be limited use(s). 

⁴  An assembly facility with a maximum capacity of more than 500 people is a conditional use.

⁵ A crisis stabilization center must locate on property owned by a public body, as defined in ORS 174.109, and adjacent to where a mental or psychiatric hospital licensed under ORS 441.025 is or will be located as established by a pending development application.

⁶ The maximum combined building floor area of the use, and any other limited uses, shall be 20 percent of the building floor area of primary uses in the same development.

⁷ The use is permitted only:

1. In a multistory building with a primary use, up to a maximum building floor area equal to the building floor area of the first floor; or
2. On the ground-level floor of a freestanding parking structure. 

⁸ A maximum of 40,000 square feet of ground-floor building floor area may be occupied by any one business, regardless of the number of buildings occupied by that business. In addition, the total ground-floor building floor area occupied by any combination of uses subject to Note 8 shall not exceed 40,000 square feet in a single building.

⁹ The maximum combined building floor area of the use, any limited uses, and any other uses subject to Note 9 , shall be 20 percent of the building floor area of primary uses in the same development.

¹⁰ Drive-thru window service is prohibited on streets designated as Main Streets on Comprehensive Plan Map X-CRC-3, Clackamas Regional Center Area Design Plan, Urban Design Elements.

¹¹ Drive-thru window service is permitted only if it is accessory to a financial institution and only if the financial institution is not on a street designated as a Main Street on Comprehensive Plan Map X-CRC-3.

¹² Dwellings not otherwise permitted in the applicable zoning district may nonetheless be permitted if they are developed as affordable housing, as defined in ORS 197A.445(1), and subject to Section 846, Affordable Housing.

¹³Freestanding congregate housing facilities, freestanding multifamily dwellings, freestanding single room occupancies, and freestanding quadplexes (as opposed to congregate housing facilities, multifamily dwellings, single room occupancies, and quadplexes in a mixed-use building) are subject to the development and dimensional standards applicable to congregate housing facilities, multifamily dwellings, and quadplexes in the RCHDR District.

¹⁴A congregate housing facility shall have a minimum of four dwelling units.

¹⁵Freestanding congregate housing facilities, freestanding multifamily dwellings, freestanding single room occupancies, and freestanding quadplexes (as opposed to congregate housing facilities, multifamily dwellings, single room occupancies, and quadplexes in a mixed-use building) are subject to the development and dimensional standards applicable to congregate housing facilities, multifamily dwellings, and quadplexes in the HDR District, except that the minimum and maximum residential density standards of Table 510-2, Dimensional Standards in the Urban Commercial and Mixed-Use Zoning Districts, apply. 

¹⁶Duplexes, triplexes, quadplexes, multifamily dwellings, and single room occupancies, subject to the density standards of the MR-2 District, may be developed in the same building as a primary use.

¹⁷Townhouses, subject to the density standards of the VTH District, may be developed in the same building as a primary use.

¹⁸Employee amenities shall be located in the same structure as the use to which they are accessory.

¹⁹Only indoor facilities are permitted.

²⁰ An individual use shall not exceed 2,500 square feet of building floor area. In addition, the maximum combined building floor area of an individual use, and any other uses subject to Note 20 , shall be 10 percent of the total building floor area in the same development.

²¹   The use may be allowed in conjunction with a primary use on the site, subject to the following criteria:  

1. If the primary use on the site is an office use, the minimum floor area ratio (FAR) standard of Table 510-2 may be modified as follows for a lot of greater than two and one-half acres in size:  
   1. The minimum FAR for the office use shall be 0.75; and  
   2. The minimum FAR for the fitness facility or recreational sports facility and the office use combined shall be 1.0.  
2. If the primary use on the site is a multifamily dwelling, the site area developed with the fitness facility or recreational sports facility and any parking or accessory structures used exclusively for the fitness facility or recreational sports facility shall be included in the net acreage when calculating minimum density pursuant to Table 510-2.
3. The fitness facility or recreational sports facility shall be developed concurrently with, or after, a primary use.

²²This use is permitted only in conjunction with a primary or another conditional use.

²³A mental or psychiatric hospital established as a primary use must be located adjacent to where a crisis stabilization center, as defined in ORS 430.626 and licensed under ORS 430.627, is or will be located as established by a pending development application.

²⁴Also permitted are associated gift shops, newsstands, and eating and drinking establishments, all of which shall be located in the same building as the hotel. 

²⁵In the NC District, sign production is a conditional use.

²⁶In the C-2 District, sign production is a permitted use.

²⁷These uses are permitted with a maximum of 10,000 square feet of building floor area per building, if part of a mixed-use development and if the combined building floor area of the use, and any other uses subject to Note 27 , does not exceed 25 percent of the building floor area of the mixed-use development.

²⁸Manufacturing of the following is prohibited: explosive devices; incendiary devices; and renewable fuel resources, such as alcohol, biomass, and methanol.

²⁹This use is permitted only if it has physical and operational requirements that are similar to those of other primary uses allowed in the same zoning district.

³⁰ Marijuana processing shall be located entirely within one or more completely enclosed buildings. The processing, compounding, or conversion of marijuana into cannabinoid concentrates or cannabinoid extracts is prohibited.

³¹ Only level one mobile vending units are permitted.

³²Also permitted are associated gift shops, newsstands, and eating and drinking establishments, all of which shall be located in the same building as the motel.

³³The parking is permitted to serve only developments located in the same zoning district as the subject property.

³⁴ This use is limited to understructure parking.

³⁵The base of such towers shall not be closer to the property line than a distance equal to the height of the tower.

³⁶ Recyclable drop-off sites are permitted only if accessory to an institutional use.

³⁷No operation shall be conducted or equipment used which would create hazards and/or noxious or offensive conditions.

³⁸Section 849 applies to all residential treatment facilities and residential treatment homes, except those with 15 or fewer residents, all of whom reside in a single dwelling unit that is permitted by Table 510-1. Residential treatment facilities and residential treatment homes that meet this exception are an allowed use within the dwelling unit and are subject only to the land use review required to permit the dwelling unit.

³⁹   Only retailing of videos is permitted as a limited use. All other retailing in this use category requires review pursuant to Section 106 in the OA District and is a conditional use, subject to Note 9 , in the OC District.

⁴⁰ Only commercial schools are permitted.

⁴¹ Schools shall be limited to no more than 30 percent of the total building floor area on a site.

⁴²   An eating and drinking establishment may be permitted as a conditional use, provided that it complies with a minimum of five of the following criteria:

1. Has a minimum seating capacity of 75;
2. Specializes in gourmet, ethnic, or specialty cuisine;
3. Includes banquet facilities and services;
4. Provides live entertainment at least two nights a week;
5. Utilizes custom architectural design and/or collections of artistic, cultural, or historic items to produce a distinctive thematic decor or atmosphere;
6. Has an Oregon Liquor Control Commission license to serve beer and wine; or
7. Employs only chefs who have graduated from a recognized culinary institute, or who have outstanding qualifications or reputations for their culinary skills.

⁴³  Notwithstanding Note 7 , a freestanding eating and drinking establishment shall be allowed in conjunction with a primary use in the same development, subject to the following criteria:  

1. The building floor area of the freestanding eating and drinking establishment shall not exceed 5,000 square feet.
2. If the primary use in the same development is an office use, as defined in Note 23 to Table 510-2, Dimensional Standards in the Urban Commercial and Mixed-Use Zoning Districts, the floor area ratio of the development, including the eating and drinking establishment, shall comply with the minimum floor area ratio standard for primary office uses in Table 510-2.
3. If the primary use in the same development is a multifamily dwelling or a congregate housing facility, the acreage developed with the eating and drinking establishment, and any parking or accessory structures that are used exclusively for the eating and drinking establishment, may be subtracted from the total acreage when calculating minimum density pursuant to Table 510-2.
4. The eating and drinking establishment shall be developed concurrently with, or after, a primary use.

⁴⁴   Temporary signs regulated under Subsection 1010.13(A) are a primary use.

⁴⁵     Stormwater 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).

⁴⁶   Utility cabinets are a primary use if they comply with Section 830, Utility Cabinets, or if they are inside a road right-of-way.

⁴⁷ Utility lines are a conditional use only if they are gas transmission lines or electric transmission lines.

Table 510-2: Dimensional Standards in the Urban Commercial and Mixed-Use Zoning Districts

Notes to Table 510-2:

¹ The minimum lot size for land with a Comprehensive Plan land use plan designation of Low Density Residential shall be the same as that allowed by the zoning district that applied to the subject property immediately prior to the application of the NC zoning district.

² The minimum lot size standard applies only to subdivisions, partitions, and property line adjustments. Notwithstanding the minimum lot size standard, an undersized lot of record may be developed, subject to other applicable standards of this Ordinance.

³ No minimum lot size standard applies to a lot created by partition or subdivision or adjusted through a property line adjustment, provided that the newly created or adjusted lot is developed only with a dwelling classified as a nonconforming use and uses accessory to that dwelling.

⁴ The minimum is 2,000 square feet for a lot developed only with a townhouse and uses accessory to that townhouse.

⁵ The minimum street frontage standard applies only to subdivisions, partitions, and property line adjustments. The minimum for a lot of record on the outer radius of a curved street or the circular end of a cul-de-sac is 35 feet measured on the arc. The minimum for a lot of record developed only with a townhouse, and uses accessory to that townhouse, shall be 20 feet. A lot of record with frontage on more than one street shall meet the minimum on each street.

⁶ The maximum front setback standard applies only if required by Subsection 1005.02(H). However, see Subsection 1005.02(E) for a related standard.

⁷ The maximum front setback standard shall be met for all buildings except freestanding parking structures. However, the maximum front setback may be exceeded to the minimum extent necessary to accommodate pedestrian amenities. If a lot has more than one front lot line, the standard must be met for only one. A private road used to satisfy the maximum front setback standard must comply with Subsection 1005.07(G). The maximum front setback from Main Streets identified on Comprehensive Plan Map X-CRC-3 is 10 feet.

⁸ In lieu of complying with the standard, an applicant for design review on a site of 25 acres or larger may propose alternate setback standards. The alternate standards, or any part thereof, shall be approved if they are found to be equally effective as the regular standards in establishing a visual image, sense of place, and quality pedestrian environment for the area.

⁹ There is no minimum setback from a front lot line that abuts a Main Street identified on Comprehensive Plan Map X-CRC-3.

¹⁰ If the rear lot line abuts a residential zoning district, the minimum shall be 15 feet.

¹¹ If the rear lot line abuts a residential zoning district, the minimum shall be 35 feet.

¹² If the rear lot line abuts a residential zoning district, the minimum shall be 15 feet plus one foot for each one-foot increase in building height over 35 feet. Height increments of less than one foot shall be rounded up to the nearest foot. For example, if the building height is 38.8 feet, the minimum setback shall be 19 feet.

¹³ If the rear lot line abuts an Urban Low Density Residential, VR-4/5, or VR-5/7 zoning district, the minimum shall be: 10 feet for the portion of a building that is 25 feet or less in height; 20 feet for the portion of a building that is greater than 25 feet and less than or equal to 35 feet in height; and 40 feet for the portion of a building that is greater than 35 feet and less than or equal to 45 feet in height.

¹⁴ If the rear lot line abuts a residential zoning district, the minimum shall be 35 feet plus one foot for each one-foot increase in building height over 35 feet. Height increments of less than one foot shall be rounded up to the nearest foot. For example, if the building height is 38.8 feet, the minimum setback shall be 39 feet.

¹⁵ If the side lot line abuts a residential zoning district, the minimum shall be 15 feet.

¹⁶ If the side lot line abuts a residential zoning district, the minimum side yard setback shall be 15 feet plus one foot for each one-foot increase in building height over 35 feet. Height increments of less than one foot shall be rounded up to the nearest foot. For example, if the building height is 38.8 feet, the minimum setback shall be 19 feet.

¹⁷ If the side lot line abuts an Urban Low Density Residential, VR-4/5, or VR-5/7 zoning district, the minimum shall be: six feet for the portion of a building that is 25 feet or less in height; 16 feet for the portion of a building that is greater than 25 feet and less than or equal to 35 feet in height; and 40 feet for the portion of a building that is greater than 35 feet and less than or equal to 45 feet in height.

¹⁸ If the side lot line abuts a residential zoning district, the minimum shall be 35 feet.

¹⁹ If the subject property abuts a residential zoning district, the maximum building height shall be 35 feet.

²⁰ If the building is located less than 100 feet from an Urban Low Density Residential, VR-4/5, or VR-5/7 District, the maximum building height shall be equal to the building's distance from the Urban Low Density Residential, VR-4/5, or VR-5/7 District.

²¹ Floor area ratio shall be calculated pursuant to Subsection 1005.02(K).

²² With a master plan approved pursuant to Subsection 1102.03(B), a lot greater than two and one-half acres may be developed in phases provided that the minimum floor area ratio of each phase prior to the final phase is 0.5 and that the minimum floor area ratio of 1.0 is achieved for the entire lot with development of the final phase.

²³ For the purposes of this provision, "office uses" include the following uses from Table 510-1, Permitted Uses in the Urban Commercial and Mixed-Use Zoning Districts: Business Services, Financial Institutions, Information Services, Offices, Offices and Outpatient Clinics, and Research Facilities and Laboratories.

²⁴ Net acreage shall be calculated pursuant to Subsections 1012.08(A) and (B).

²⁵ Maximum residential density may be increased pursuant to Table 1012-1, Bonus Density. Any partial figure of one-half or greater shall be rounded up to the next whole number.

Table 510-3: Site-Specific Requirements for the PMU District

PMU1

PMU 2, 3, 4, and 5

Notes to Table 510-3:

¹ For the purposes of this provision, "office uses" include the following uses from Table 510-1, Permitted Uses in the Urban Commercial and Mixed-Use Zoning Districts: Assembly Facilities, Business Services, Civic and Cultural Facilities, Financial Institutions, Information Services, Libraries, Offices, Offices and Outpatient Clinics, Radio and Television Studios, Research Facilities and Laboratories, and Schools.

² For the purposes of this provision, "residential uses" include the following uses from Table 510-1: Congregate Housing Facilities, Multifamily Dwellings, and Nursing Homes. However, nursing homes are excluded from the minimum residential density standard.

[Added by Ord. ZDO-250, 10/13/2014; Amended by Ord. ZDO-252, 06/01/2015; Amended by Ord. ZDO-253, 06/01/2015; Amended by Ord. ZDO-254, 01/04/2016; Amended by Ord. ZDO-266, 05/23/2018; Amended by Ord. ZDO-268, 10/02/2018; Amended by Ord. ZDO-276, 10/01/2020; Amended by Ord. ZDO-280, 10/23/2021; Amended by Ord. ZDO-277, 01/01/2022; Amended by Ord. ZDO-282, 07/01/2022; Amended by Ord. ZDO-273, on remand, 05/30/2023; Amended by Ord. ZDO-287, 08/03/2023; Amended by Ord. ZDO-283, 09/05/2023; Amended by Ord. ZDO-285, 09/03/2024; Amended by Ord. ZDO-288, 09/09/2024; Amended by Ord. ZDO-293, 09/08/2026]

407.01 PURPOSE

Section 407 is adopted to implement the policies of the Comprehensive Plan for Forest and Agriculture areas.

407.02 APPLICABILITY

Section 407 applies to land in the Ag/Forest (AG/F) District.

407.03 USES PERMITTED

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). However, the following limitations apply. 

A. Dwellings are subject to the applicable provisions of Section 401 if the predominant use of the subject tract was agriculture on January 1, 1993. Dwellings are subject to the applicable provisions of Section 406 if the predominant use of the subject tract was forestry on January 1, 1993.

B. If a use, other than a dwelling, is allowed by both Section 401 and Section 406, the use shall comply with the applicable standards of both sections. If there is a conflict between a standard in Section 401 and a standard in Section 406, to the extent that it is not possible for a use to comply with both, the most restrictive standard shall apply.

407.04 PROHIBITED USES

Uses of structures and land not specifically permitted are prohibited.

407.05 LAND DIVISIONS

Subsection 406.09, which establishes land division standards in the TBR District, shall apply in the AG/F District.

[Amended by Ord. ZDO-224, 05/31/2011; Amended by Ord. ZDO-230, 09/26/2011; Amended by Ord. ZDO-234, 06/07/2012; Amended by Ord. ZDO-241, 01/01/2013; Amended by Ord. ZDO-245, 07/01/2013; Amended by Ord. ZDO-247, 03/01/2014; Amended by Ord. ZDO-248, 10/13/2014; Amended by Ord. ZDO-254, 01/04/2016; Amended by Ord. ZDO-262, 05/23/2017; Amended by Ord. ZDO-263, 05/23/2017; Amended by Ord. ZDO-264, 08/22/2017; Amended by Ord. ZDO-266, 05/23/2018; Amended by Ord. ZDO-268, 10/02/2018; Amended by Ord. ZDO-276, 10/01/2020; Amended by Ord. ZDO-283, 09/05/2023; Amended by Ord. ZDO-286, 11/20/2023; Amended by Ord. ZDO-293, 09/08/2026]

406.01 Purpose

Section 406 is adopted to implement the policies of the Comprehensive Plan for Forest and Agriculture areas.

406.02 Applicability

Section 406 applies to land in the Timber (TBR) District.

406.03 Definitions

Unless specifically defined in Subsection 406.03 or in Section 202, Definitions, words or phrases used in Section 406 shall be interpreted to give them the same meaning as they have in common usage and to give Section 406 its most reasonable application.

1. Auxiliary: A use or alteration of a structure or land which provides help or is directly associated with the conduct of a particular forest practice. An auxiliary structure is located on site, temporary in nature, and not designed to remain for the forest's entire growth cycle from planting to harvesting. An auxiliary use is removed when a particular forest practice has concluded.
2. Cubic Foot Per Acre: As defined in Oregon Administrative Rules (OAR) 660-006-0005(3).
3. Cubic Foot Per Tract Per Year: As defined in OAR 660-006-0005(4).
4. Date of Creation and Existence: When a lot of record or tract is reconfigured pursuant to applicable law after November 4, 1993, the effect of which is to qualify a lot of record or tract for the siting of a dwelling, the date of the reconfiguration is the date of creation or existence. Reconfigured means any change in the boundary of the lot of record or tract.
5. Dwelling: Unless otherwise provided in Section 406, a dwelling is a detached single-family dwelling, a manufactured dwelling, or a prefabricated structure.
6. Firearms Training Facility: An indoor facility only, that provides training courses and issues certifications required for law enforcement personnel, by the Oregon Department of Fish and Wildlife, or by nationally recognized programs that promote shooting matches, target shooting, and safety.
7. Forest Operation: Any commercial activity relating to the growing or harvesting of any forest tree species as defined in Oregon Revised Statutes 527.620(6).
8. Navigation: References an instrument within a waterway or flightway that assists in traveling to a destination for water vessels and aircraft.
9. Primary Processing of Forest Products: The initial treatments of logs or other forest plant or fungi materials to prepare them for shipment for further processing or to market, including, but not limited to, debarking, peeling, drying, cleaning, sorting, chipping, grinding, sawing, shaping, notching, biofuels conversion, or other similar methods of initial treatments.
10. Private Park: Land that is used for low impact casual recreational uses such as picnicking, boating, fishing, swimming, camping, hiking, or nature-oriented recreational uses such as viewing and studying nature and wildlife habitat and may include play areas and accessory facilities that support the activities listed above but does not include tracks for motorized vehicles or areas for target practice or the discharge of firearms.
11. Temporary Structures: Onsite structures which are auxiliary to and used during the term of a particular forest operation and used in the preliminary processing of a particular forest operation such as: pole and piling preparation, small portable sawmill, small pole building, etc. Temporary structures are . Tract: One or more contiguous lots of record under the same ownership, including lots of record divided by a County or public road, or land contiguous at a common point. Lots of record divided by a state highway are not considered contiguous.

406.04 Uses Permitted

Uses permitted in the TBR District are listed in Table 406-1, Permitted Uses in the TBR District.

1. As used in Table 406-1:
   1. "A" means the use is allowed.
   2. “C” means the use is a conditional use, approval of which is subject to Section 1203, Conditional Uses.
   3. “P” means the use is a primary use.
   4. “Type II” means the use requires review of a Type II application, pursuant to Section 1307, Procedures.
   5. “Type III” means the use requires review of a Type III application, pursuant to Section 1307, Procedures.
   6. Numbers in superscript correspond to the notes that follow Table 406-1.
2. Permitted uses are subject to the applicable provisions of Subsection 406.07; Subsection 406.08; Section 1000, Development Standards; and Section 1100, Development Review Process.

Table 406-1: Permitted Uses in the TBR District

Farm and Forest Uses

Natural Resource Uses

Residential Uses

Commercial Uses

Mineral, Aggregate, Oil and Gas Uses

Transportation Uses

Utility and Solid Waste Disposal Facility Uses

Parks and Public/Quasi-Public Uses

Outdoor Gatherings

¹ Type II review is required except as established by Subsections 406.05(C)(1)(h) or (i).

406.05 Approval Criteria For Specific Uses

The following criteria apply to some of the uses listed in Table 406-1, Permitted Uses in the TBR District. The applicability of a specific criterion to a listed use is established by Table 406-1.

1. General Criteria
   1. The use may be allowed provided that:
      1. The proposed use will not force a significant change in, or significantly increase the cost of, accepted farming or forest practices on agriculture or forest lands; and
      2. The proposed use will not significantly increase fire hazard or significantly increase fire suppression costs or significantly increase risks to fire suppression personnel.
   2. A written statement recorded with the deed or written contract with the County or its equivalent is obtained from the land owner that recognizes the rights of the adjacent and nearby land owners to conduct forest operations consistent with the Oregon Forest Practices Act and Rules.
   3. The landowner for the dwelling shall sign and record in the deed records for the County a document binding the landowner, and the landowner's successors in interest, prohibiting them from pursuing a claim for relief or cause of action alleging injury from farming or forest practices for which no action or claim is allowed under Oregon Revised Statutes (ORS) 30.936 or 30.937.
   4. An approval to construct a dwelling may be transferred to any other person after the effective date of the land use decision.
   5. If road access to the use is by a road owned and maintained by a private party or by the Oregon Department of Forestry, the United States Bureau of Land Management (BLM), or the United States Forest Service (USFS), then the applicant shall provide proof of a long-term road access use permit or agreement. The road use permit may require the applicant to agree to accept responsibility for road maintenance.
   6. A land division for the use may be approved pursuant to Subsection 406.09(D).
2. Farm and Forest Uses
   1. Permanent facility for the primary processing of forest products that is:
      1. Located in a building or buildings that do not exceed 10,000 square feet in total floor area, or an outdoor area that does not exceed one acre excluding laydown and storage yards, or a proportionate combination of indoor and outdoor areas; and
      2. Adequately separated from surrounding properties to reasonably mitigate noise, odor and other impacts generated by the facility that adversely affect forest management and other existing uses.
3. Residential Uses
   1. A lawfully established dwelling may be altered, restored, or replaced if
      1. The dwelling to be altered, restored, or replaced has, or formerly had, the following features. "Formerly had" means that the dwelling possessed all the listed features within three years prior to the date an application is submitted for a replacement dwelling.
         1. Intact exterior walls and roof structure;
         2. Indoor plumbing consisting of a kitchen sink, toilet, and bathing facilities connected to a sanitary waste disposal system;
         3. Interior wiring for interior lights; and
         4. iv. A heating system; and
      2. The dwelling to be altered, restored, or replaced meets one of the following conditions:
         1. Unless the value of the dwelling was eliminated as a result of destruction or demolition, was assessed as a dwelling for purposes of ad valorem taxation since the later of:
            1. Five years before the date of the application; or
            2. The date that the dwelling was erected upon or fixed to the land and became subject to property tax assessment.
         2. If the value of the dwelling was eliminated as a result of destruction or demolition, was assessed as a dwelling for purposes of ad valorem taxation prior to the destruction or demolition and since the later of:
            1. Five years before the date of the destruction or demolition; or
            2. The date that the dwelling was erected upon or fixed to the land and became subject to property tax assessment.
      3. For replacement of a lawfully established dwelling, the dwelling to be replaced must be removed, demolished, or converted to an allowable nonresidential use within three months from the date the replacement dwelling is certified for occupancy pursuant to ORS 455.055 or, in the case of a manufactured dwelling, within three months after the date of final inspection by County Building Codes.
      4. As a condition of approval, the applicant shall execute and cause to be recorded in the deed records a deed restriction prohibiting the siting of another dwelling on the lot of record. The restriction imposed is irrevocable unless the Planning Director places a statement of release in the deed records of the County to the effect that the provisions of ORS 215.283 and 215.291 regarding replacement dwellings have changed to allow the lawful siting of another dwelling.
      5. A replacement dwelling must:
         1. Be sited on the same lot of record as the dwelling it is replacing;
         2. Comply with all applicable siting standards except as established by Subsection 406.05(C)(1)(h)(iv); however, the standards may not be applied in a manner that prohibits the siting of the replacement dwelling; and
         3. Comply with applicable building codes, plumbing codes, sanitation codes, and other requirements relating to health and safety or to siting at the time of construction.
      6. Construction of the replacement dwelling must commence no later than four years after the approval of the replacement dwelling application becomes final.
      7. If an applicant is granted a deferred replacement permit, the deferred replacement permit does not expire but, notwithstanding Subsection 406.05(C)(1)(c), the permit becomes void unless the dwelling to be replaced is removed or demolished within three months after the deferred replacement permit is issued; and the deferred replacement permit may not be transferred, by sale or otherwise, except by the applicant to the spouse or a child of the applicant.
      8. The alteration, restoration, or replacement of a lawfully established dwelling pursuant to Subsections 406.05(C)(1)(a) through (g) requires review as a Type II application pursuant to Section 1307, Procedures, unless the dwelling to be altered, restored, or replaced:
         1. i. Is the only dwelling on the lot of record other than a temporary dwelling approved pursuant to Section 1204, Temporary Permits, or an accessory dwelling supporting family forestry approved pursuant to Subsection 406.05(C)(7);
         2. Currently has the features listed in Subsection 406.05(C)(1)(a);
         3. Was lawfully established as demonstrated by:
            1. An issued County building or manufactured dwelling placement permit approved by the Planning Director; or
            2. Assessment records of the County Department of Assessment and Taxation that demonstrate that the dwelling was constructed before the application to the subject property of the first farm, forest, or mixed farm and forest zoning district that restricted the development of dwellings; and
         4. Will be sited no more than 100 feet from the dwelling to be replaced and is, therefore, exempt from Subsection 406.08(C). This distance shall be measured from the closest portion of each structure.
      9. Notwithstanding Subsections 406.05(C)(1)(a) through (h), a lawfully established dwelling that is destroyed by wildfire may be replaced within 60 months when substantial evidence demonstrates that the dwelling to be replaced contained the features listed in Subsection 406.05(C)(1)(a). Substantial evidence includes, but is not limited to, County Department of Assessment and Taxation data.
         1. The replacement dwelling must be certified for occupancy pursuant to ORS 455.055 or, in the case of a manufactured dwelling, have final inspection completed by County Building Codes, within 60 months of the date of destruction of the dwelling to be replaced.
         2. The dwelling to be replaced must be removed, demolished, or converted to an allowable nonresidential use within three months from the date the replacement dwelling is certified for occupancy pursuant to ORS 455.055 or, in the case of a manufactured dwelling, within three months after the date of final inspection by County Building Codes.
         3. The property owner of record at the time of the wildfire may reside on the subject property in an existing building, tent, travel trailer, yurt, recreational vehicle, or similar accommodation until replacement has been completed or the time for replacement has expired.
   2. Lot of record dwelling, subject to the following criteria:
      1. The lot of record on which the dwelling will be sited was lawfully created prior to January 1, 1985.
      2. The lot of record on which the dwelling will be sited was acquired by the present owner:
         1. Prior to January 1, 1985; or
         2. By devise or intestate succession from a person who acquired the lot or parcel prior to January 1, 1985.
         3. As used in Subsection 406.05(C)(2)(b), "owner" includes the wife, husband, son, daughter, mother, father, brother, brother-in-law, sister, sister-in-law, son-in-law, daughter-in-law, mother-in-law, father-in-law, aunt, uncle, niece, nephew, stepparent, stepchild, grandparent, or grandchild of the owner, or a business entity owned by any one or a combination of these family members.
      3. The tract on which the dwelling will be sited does not include a dwelling.
      4. The lot of record on which the dwelling will be sited was not part of a tract that contained a dwelling on November 4, 1993.
      5. e. The property is not capable of producing 5,000 cubic feet per year of commercial tree species.
      6. The property is located within 1,500 feet of a public road, as defined under ORS 368.001 that provides or will provide access to the subject tract. The road shall be maintained and either paved or surfaced with rock and shall not be a BLM road, or a USFS road unless the road is paved to a minimum width of 18 feet, there is at least one defined lane in each direction, and a maintenance agreement exists between the USFS and the landowners adjacent to the road, a local government, or a state agency.
      7. The proposed dwelling is not prohibited by this Ordinance or the Comprehensive Plan, or any other provisions of law.
      8. When the lot or parcel on which the dwelling will be sited is part of a tract, the remaining portions of adjacent common ownership land shall remain in common ownership as long as the dwelling remains as approved.
      9. The County Assessor's Office shall be notified of all approvals granted under Subsection 406.05(D)(2).
   3. Forest template dwelling, subject to the following criteria:
      1. No dwellings are allowed on other lots of record that make up the tract.
      2. A deed restriction shall be recorded with the County Clerk stating no other lots of record that make up the tract may have a dwelling.
      3. The tract on which the dwelling will be sited does not include a dwelling.
      4. The lot of record upon which the dwelling is to be located was lawfully established.
      5. e. Any property line adjustment to the lot of record complied with the applicable provisions in Section 1107, Property Line Adjustments.
      6. Any property line adjustment to the lot of record after January 1, 2019, did not have the effect of qualifying the lot of record for a dwelling under Subsection 406.05(C)(3).
      7. If the lot of record on which the dwelling will be sited was part of a tract on January 1, 2019, no dwelling existed on the tract on that date, and no dwelling exists or has been approved on another lot of record that was part of the tract.
      8. The County Assessor's Office shall be notified of all approvals granted under Subsection 406.05(C)(3).
      9. The lot of record upon which the dwelling will be sited shall pass a template test, conducted as follows:
         1. A 160 acre square template shall be centered upon the mathematical centroid of the subject tract. The template may be rotated around the centroid to the most advantageous position. After a position has been selected, the template shall remain fixed while lots of record and dwellings are counted. If the subject tract is larger than 60 acres and abuts a road or perennial stream, the 160 acre template shall be one-quarter mile wide by one mile long, be centered upon the mathematical centroid of the subject tract, and, to the maximum extent possible, have its length aligned with the road or perennial stream.
         2. If the predominant soil type on the subject tract has a forest production capability rating, as determined by the Natural Resources Conservation Service (NRCS) Internet Soils Survey of:
            1. Less than 50 cubic feet per acre per year of wood fiber production, all or part of at least three other lots of record that existed on January 1, 1993, shall be within the template, and at least three lawfully established dwellings shall have existed on January 1, 1993, and continue to exist on the other lots of record within the template area; or
            2. 50 to 85 cubic feet per acre per year of wood fiber production, all or part of at least seven other lots of record that existed on January 1, 1993, shall be within the template, and at least three lawfully established dwellings shall have existed on January 1, 1993, and continue to exist on the other lots of record within the template area; or
            3. More than 85 cubic feet per acre per year of wood fiber production, all or part of at least 11 lots of record that existed on January 1, 1993, shall be within the template, and at least three lawfully established dwellings shall have existed on January 1, 1993, and continue to exist on the other lots of record within the template area.
         3. The following types of lots of record and dwellings shall not be counted toward satisfying the minimum number of lots of record or dwellings required pursuant to Subsection 406.05(C)(3)(h)(ii) to pass a template test:
            1. Lots of record or dwellings located within an urban growth boundary;
            2. Temporary dwellings; and
            3. The subject lot of record.
         4. If the subject tract is larger than 60 acres and abutting a road or perennial stream, a minimum of one of the dwellings required by Subsection 406.05(C)(3)(h)(ii) shall be located on the same side of the road or stream as the subject tract and shall either be located within the template or within one-quarter mile of the edge of the subject tract and not outside the length of the template. If a road crosses the tract on which the dwelling will be sited, a minimum of one of the dwellings required by Subsection 406.05(C)(3)(h)(ii) shall be located on the same side of the road as the proposed dwelling.
   4. 160 acre minimum forest dwelling, subject to the following criteria:
      1. The tract on which the dwelling is to be sited is at least 160 acres.
      2. The tract on which the dwelling will be sited does not include a dwelling.
      3. The lot of record upon which the dwelling is to be located was lawfully created.
      4. The County Assessor's Office shall be notified of all approvals granted under Subsection 406.05(C)(4).
   5. 200 acre noncontiguous dwelling, subject to the following criteria:
      1. The tract on which the dwelling will be sited does not include a dwelling;
      2. An owner of tracts that are not contiguous but are in Clackamas County adds together the acreage of two or more tracts that total 200 acres or more;
      3. The owner submits proof of an irrevocable deed restriction, recorded in the deed records of the county, for the tracts in the 200 acres. The deed restriction shall preclude all future rights to construct a dwelling on the tracts not supporting the proposed dwelling, or to use the tracts to total acreage for future siting of dwellings for present and any future owners unless the tract is no longer subject to protection under goals for agricultural and forest lands;
      4. None of the lots of record or tracts used to total 200 acres may already contain a dwelling.
      5. All lots of record or tracts used to total a minimum of 200 acres must have a Comprehensive Plan designation of Forest;
      6. The lot of record upon which the dwelling is to be located was lawfully created;
      7. The County Assessor's Office shall be notified of all approvals granted under Subsection 406.05(C)(5).
   6. One manufactured dwelling, residential trailer, or recreational vehicle may be used for care in conjunction with an existing dwelling for the term of a health hardship experienced by the existing resident or a relative of the resident. "Relative" means a child, parent, stepparent, grandchild, grandparent, stepgrandparent, sibling, stepsibling, niece, nephew or first cousin. Within three months of the end of the hardship, the manufactured dwelling, residential trailer, or recreational vehicle shall be removed or demolished. Department of Environmental Quality review and removal requirements also apply. A temporary residence approved under Subsection 406.05(C)(6) is not eligible for replacement under Subsection 406.05(C)(1).
   7. Accessory dwelling supporting family forestry, subject to the following criteria:
      1. The new single-family dwelling unit will not be located in an urban or rural reserve established pursuant to OAR chapter 660, division 27;
      2. The new single-family dwelling unit will be a manufactured home on a lot of record no smaller than 80 acres;
      3. The new single-family dwelling unit will be on a lot of record that contains exactly one existing single-family dwelling unit that was lawfully:
         1. In existence before November 4, 1993; or
         2. Approved under Oregon Administrative Rules (OAR) 660-006-027, ORS 215.130(6), ORS 215.705, or OAR 660-006-0025(3)(o);
      4. The shortest distance between any portion of the new single-family dwelling unit and any portion of the existing single-family dwelling unit is no greater than 200 feet;
      5. The new single-family dwelling unit shall use the same driveway entrance as the existing single-family dwelling unit, although the driveway may be extended;
      6. The lot of record is within a rural fire protection district organized under ORS chapter 478;
      7. The new single-family dwelling unit complies with the Oregon residential specialty code relating to wildfire hazard mitigation;
      8. As a condition of approval of the new single-family dwelling unit, in addition to the requirements of OAR 660-006-0029(5)(e), the property owner agrees to acknowledge and record in the deed records for the county, one or more instruments containing irrevocable deed restrictions that:
         1. Prohibit the owner and the owner's successors from partitioning the property to separate the new single-family dwelling unit from the lot of record containing the existing single-family dwelling unit; and
         2. Require that the owner and the owner's successors manage the lot of record as a working forest under a written forest management plan, as defined in ORS 526.455 that is attached to the instrument;
      9. The existing single-family dwelling is occupied by the owner or a relative;
      10. The new single-family dwelling unit will be occupied by the owner or a relative;
      11. The owner or a relative occupies the new single-family dwelling unit to allow the relative to assist in the harvesting, processing or replanting of forest products or in the management, operation, planning, acquisition, or supervision of forest lots of record of the owner; and
      12. If a new single-family dwelling unit is constructed under Subsection 406.05(C)(7), the new or existing dwelling unit may not be used for vacation occupancy as defined in ORS 90.100.
      13. As used in Subsection 406.05(C)(7)(j), "owner or relative" means the owner of the lot of record, or a relative of the owner or the owner's spouse, including a child, parent, stepparent, grandchild, grandparent, stepgrandparent, sibling, stepsibling, niece, nephew, or first cousin of either.
4. Commercial Uses
   1. The home occupation shall not unreasonably interfere with other uses permitted in the zoning district in which the subject property is located and shall not be used as justification for a zone change.
   2. Private accommodations for fishing occupied on a temporary basis may be allowed subject to the following:
      1. Accommodations limited to no more than 15 guest rooms as that term is defined in the Oregon Structural Specialty Code; and
      2. Only minor incidental and accessory retail sales are permitted; and
      3. Accommodations occupied temporarily for the purpose of fishing during fishing seasons authorized by the Oregon Fish and Wildlife Commission; and
      4. Accommodations must be located within one-quarter mile of fish bearing Class I waters.
   3. Private seasonal accommodations for fee hunting operations may be allowed subject to the following:
      1. Accommodations are limited to no more than 15 guest rooms as that term is defined in the Oregon Structural Specialty Code; and
      2. Only minor incidental and accessory retail sales are permitted; and
      3. Accommodations are occupied temporarily for the purpose of hunting during game bird and big game hunting seasons authorized by the Oregon Fish and Wildlife Commission.
5. Transportation Uses
   1. Roads, highways, and other transportation facilities and improvements not otherwise allowed under this Ordinance, with:
      1. The adoption of an exception to the goal related to forest lands and to any other applicable goal with which the facility or improvement does not comply; or
      2. Compliance with ORS 215.296 for those uses identified by rule of the Oregon Land Conservation and Development Commission as provided in Oregon Laws 1993, chapter 529, section 3.
6. Utility and Solid Waste Disposal Facility Uses
   1. Wind energy power production systems as an accessory use, provided:
      1. The system is not a commercial power generating facility;
      2. No turbine has an individual rated capacity of more than 100kW, nor does the cumulative total rated capacity of the turbines comprising the installation exceed 100 kW;
      3. The system complies with the Oregon Department of Environmental Quality noise standards otherwise applicable to commercial and industrial uses for quiet areas, measured at the nearest property line of the noise-sensitive use. This may be demonstrated through information provided by the manufacturer;
      4. The system is prohibited if tower lighting for aviation safety is required;
      5. The system will be located outside an urban growth boundary on a minimum of one acre;
      6. The system does not exceed 150 feet in height from base to the height of the tower plus one blade;
      7. The system is set back a distance not less than the tower height plus one blade from all property lines; and
      8. Roof mounted system towers shall extend no more than an additional five feet above the highest ridge of a building's roof or 15 feet above the highest eave, whichever is higher, but shall not exceed 150 feet in height from finished grade.
   2. Television, microwave, and radio communication facilities and transmission towers, provided the base of a transmission tower shall not be closer to the lot line than a distance equal to the height of the tower.
7. Parks, Public, and Quasi-Public Uses
   1. Private parks and campgrounds: Campgrounds in private parks shall only be those allowed by Subsection 406.05(G)(1). A campground is an area devoted to overnight temporary use for vacation, recreational, or emergency purposes, but not for residential purposes and is established on a site or is contiguous to lands with a park or other outdoor natural amenity that is accessible for recreational use by the occupants of the campground, subject to the following:
      1. Except on a lot of record contiguous to a lake or reservoir, campgrounds shall not be allowed within three miles of an urban growth boundary unless an exception is approved pursuant to ORS 197.732 and OAR chapter 660, division 4.
      2. A campground shall be designed and integrated into the rural agricultural and forest environment in a manner that protects the natural amenities of the site and provides buffers of existing native trees and vegetation or other natural features between campsites.
      3. Campsites may be occupied by a tent, travel trailer, yurt, or recreational vehicle.
      4. Separate sewer, water, or electric service hook-ups shall not be provided to individual campsites except that electrical service may be provided to yurts allowed for by Subsection 406.05(G)(1)(g).
      5. Campgrounds authorized by Subsection 406.05(G)(1) shall not include intensively developed recreational uses such as swimming pools, tennis courts, retail stores, or gas stations.
      6. Overnight temporary use in the same campground by a camper or camper's vehicle shall not exceed a total of 30 days during any consecutive six-month period.
      7. A private campground may provide yurts for overnight camping. No more than one-third or a maximum of 10 campsites, whichever is smaller, may include a yurt. The yurt shall be located on the ground or on a wood floor with no permanent foundation. As used in Subsection 406.05(G)(1), "yurt" means a round, domed shelter of cloth or canvas on a collapsible frame with no plumbing, sewage disposal hook-up, or internal cooking appliance.
   2. A public park may be established consistent with the provisions of ORS 195.120. If the subject property has a local park master plan adopted as part of the Comprehensive Plan, the park is also subject to Section 714, Special Use Overlay District.

406.06 Prohibited Uses

Uses of structures and land not specifically permitted are prohibited.

406.07 Dimensional Standards

1. Minimum Lot Size: New lots of record shall be a minimum of 80 acres in size, except as provided in Subsection 406.09. For the purpose of complying with the minimum lot size standard, lots of record with street frontage on County or public road rights-of-way may include the land area between the front lot line and the centerline of the County or public road right-of-way.
2. Minimum Front Setback: 30 feet.
3. Minimum Side Setback: 10 feet.
4. Minimum Rear Setback: 30 feet; however, accessory buildings shall have a minimum rear yard setback of 10 feet.
5. Modifications: Modifications to dimensional standards are established by Sections 800, Special Uses; 903, Setback Exceptions; 1107, Property Line Adjustments; and 1205, Variances.

406.08 Development Standards

1. Fire-Siting Standards for New Structures: Fuel-free break standards shall be provided surrounding any new structure, as follows:
   1. A primary fuel-free break area shall be maintained surrounding any new structure, including any new dwelling.
      1. The primary safety zone is a fire fuel break extending a minimum distance around structures. The minimum distance is established by Table 406-2, Minimum Primary Safety Zone and Figure 406-1, Example of Primary Safety Zone. The goal within the primary safety zone is to remove fuels that will produce flame lengths in excess of one foot. Vegetation within the primary safety zone may include green lawns and shrubs less than 24 inches in height. Trees shall be spaced with greater than 15 feet between the crowns and pruned to remove dead and low (less than eight feet) branches. Accumulated leaves, needles, limbs and other dead vegetation shall be removed from beneath trees. Nonflammable materials (i.e., rock) instead of flammable materials (i.e., bark mulch) shall be placed next to the structure. As slope increases, the primary safety zone shall increase away from the structure and down the slope at a 45-degree angle from the structure, in accordance with Table 406-2 and Figure 406-1:

Table 406-2: Minimum Primary Safety Zone

Figure 406-1: Example of Primary Safety Zone

2. For any new dwelling, a secondary fuel-free break area shall be cleared and maintained on land surrounding the dwelling that is owned or controlled by the owner.
   1. The secondary fuel-free break extends around the primary safety zone required pursuant to Subsection 406.08(A)(1). The goal of the secondary fuel-free break shall be to reduce fuels so that the overall intensity of any wildfire would be lessened and the likelihood of crown fires and crowning is reduced. Vegetation within the secondary fuel-free break shall be pruned and spaced so that fire will not spread between crowns of trees. Small trees and brush growing underneath larger trees shall be removed to prevent spread of fire up into the crowns of the larger trees. Dead fuels shall be removed. The minimum width of the secondary fuel-free break shall be the lesser of:
      1. 100 feet; or
      2. The distance from the dwelling to the edge of land surrounding the dwelling that is owned or controlled by the owner.
3. Structures within a River and Stream Conservation Area or the Willamette River Greenway shall be sited consistent with the requirements of Sections 704, River and Stream Conservation Area (RSCA) and 705, Willamette River Greenway (WRG), respectively. Structures shall be sited so that a primary safety zone can be completed around the structure outside of the river or stream corridor setback/buffer area. The area within the river or stream setback/buffer area shall be exempt from the secondary fuel-free break area requirements.
4. The fuel-free break standards shall be completed and approved prior to issuance of any septic, building, or manufactured dwelling permits. Maintenance of the fuel-free breaks shall be the continuing responsibility of the property owner.

B. Additional Fire-Siting Standards for New Dwellings: The following fire-siting standards shall apply to any new dwelling:

1. The dwelling shall be located upon a parcel within a fire protection district or shall be provided with residential fire protection by contract. If the dwelling is not within a fire protection district, the applicant shall provide evidence that the applicant has asked to be included within the nearest such district. If inclusion within a fire protection district or contracting for residential fire protection is impracticable, an alternative means for protecting the dwelling from fire hazards shall be provided. The means selected may include a fire sprinkling system, onsite equipment and water storage, or other methods that are reasonable, given the site conditions. If a water supply is required for fire protection, it shall be a swimming pool, pond, lake, or similar body of water that at all times contains at least 4,000 gallons or a stream that has a continuous year round flow of at least one cubic foot per second. The applicant shall provide verification from the Oregon Water Resources Department that any permits or registrations required for water diversion or storage have been obtained or that permits or registrations are not required for the use. Road access shall be provided to within 15 feet of the water's edge for firefighting pumping units. The road access shall accommodate the turnaround of firefighting equipment during the fires season. Permanent signs shall be posted along the access route to indicate the location of the emergency water source.
2. The dwelling shall have a fire retardant roof.
3. The dwelling shall not be sited on a slope of greater than 40 percent.
4. If the dwelling has a chimney or chimneys, each chimney shall have a spark arrester.

C. Compatibility Siting Standards: The following compatibility siting standards shall apply to any new structure, including any new dwelling:

1. Structures shall be sited on the subject property so that:
   1. They have the least impact on nearby or adjoining forest or agricultural lands;
   2. The siting ensures that adverse impacts on forest operations and accepted farming practices on the tract will be minimized;
   3. The amount of forest lands used to site access roads, service corridors, and structures is minimized; and
   4. The risks associated with wildfire are minimized.
2. Siting criteria satisfying Subsection 406.08(C)(1) may include setbacks from adjoining properties, clustering near or among existing structures, siting close to existing roads, and siting on that portion of the subject property least suited for growing trees.

D. The applicant shall provide evidence that the domestic water supply is from a source authorized in accordance with the Oregon Water Resources Department's (OWRD) administrative rules for the appropriation of ground water or surface water and not from a Class II stream as defined in the Oregon Forest Practices Rules (OAR chapter 629). Evidence of a domestic water supply means:

1. Verification from a water purveyor that the use described in the application will be served by the purveyor under the purveyor's rights to appropriate water;
2. A water use permit issued by the OWRD for the use described in the application; or
3. Verification from the OWRD that a water use permit is not required for the use described in the application. If the proposed water supply is from a well and is exempt from permitting requirements under Oregon Revised Statutes 537.545, the applicant shall submit the well constructor's report to the County upon completion of the well.

E. Approval of a dwelling shall be subject to the following requirements:

1. The owner of the tract shall plant a sufficient number of trees on the tract to demonstrate that the tract is reasonably expected to meet Department of Forestry stocking requirements at the time specified in Department of Forestry administrative rules.
2. The Planning Director shall notify the County Assessor of the above condition at the time the dwelling is approved.
3. If the lot or parcel is more than 10 acres, the property owner shall submit a stocking survey report to the County Assessor and the Assessor will verify that the minimum stocking requirements have been met by the time required by Department of Forestry administrative rules.
4. Upon notification by the County Assessor, the Department of Forestry will determine whether the tract meets minimum stocking requirements of the Forest Practices Act. If the Department of Forestry determines that the tract does not meet those requirements, that department will notify the owner and the County Assessor that the land is not being managed as forest land. The County Assessor will then remove the forest land designation pursuant to ORS 321.359 and impose the additional tax.

406.09 Land Divisions

Land divisions are permitted, if consistent with one of the following options and Subsections 1105.01(A) and 1105.12. A land division pursuant to Subsection 406.09(A) shall require review of a Type I application pursuant to Section 1307, Procedures. A land division pursuant to Subsection 406.09(B), (C), (D), (E), (F) or (G) shall require review of a Type II application pursuant to Section 1307.

1. 80-Acre Minimum Lot Size Land Divisions: A land division may be approved if each new lot of record is a minimum of 80 acres in size, as established by Subsection 406.07(A).
2. Multiple Dwelling Land Divisions: A lot of record may be divided subject to Subsection 406.05(A)(2) and the following provisions:
   1. At least two lawfully established dwellings existed on the lot of record prior to November 4, 1993;
   2. Each dwelling complies with the criteria for a replacement dwelling under Subsection 406.05(C)(1);
   3. Except for one lot or parcel, each lot or parcel created under this provision is not less than two nor greater than five acres in size;
   4. At least one of the existing dwellings is located on each lot or parcel created under this provision;
   5. The landowner of a lot or parcel created under this provision provides evidence that a restriction has been recorded in the Deed Records for Clackamas County that states the landowner and the landowner's successors in interest are prohibited from further dividing the lot or parcel. This restriction shall be irrevocable unless released by the Planning Director indicating the land is no longer subject to the statewide planning goals for lands zoned for Forest use;
   6. A lot of record may not be divided under this provision if an existing dwelling on the lot of record was approved through:
      1. A statute, an administrative rule, or a land use regulation that prohibited or required removal of the dwelling or prohibited a subsequent land division of the lot of record; or
      2. A farm use zone provision that allowed both farm and forest uses in a mixed farm and forest use zone under Goal 4 (Forest Lands);
   7. Existing structures shall comply with the minimum setback standards of Subsections 406.07(B) through (D) from new property lines; and
   8. The landowner shall sign a statement that shall be recorded with the County Clerk, declaring that the landowner and the landowner's successors in interest will not in the future complain about accepted farming or forest practices on nearby lands devoted to farm or forest use.
3. Homestead Dwelling Land Division: A land division may be approved for the establishment of a parcel for an existing dwelling, subject to the following criteria:
   1. The parcel established for the existing dwelling shall not be larger than five acres, except as necessary to recognize physical factors such as roads or streams, in which case the parcel shall be no larger than 10 acres;
   2. The dwelling existed prior to June 1, 1995;
   3. The remaining parcel, not containing the existing dwelling, is:
      1. At least 80 acres; or
      2. The remaining parcel, not containing the existing dwelling, is consolidated with another parcel, and together the parcels total at least 80 acres;
   4. The remaining parcel, not containing the existing dwelling, is not entitled to a dwelling unless subsequently authorized by law or goal;
   5. The landowner shall provide evidence that an irrevocable deed restriction on the remaining parcel, not containing the existing dwelling, has been recorded with the County Clerk. The restriction shall state that the parcel is not entitled to a dwelling unless subsequently authorized by law or goal and shall be irrevocable unless a statement of release is signed by the Planning Director that the law or goal has changed in such a manner that the parcel is no longer subject to statewide planning goals pertaining to agricultural or forest land; and
   6. The landowner shall sign a statement that shall be recorded with the County Clerk, declaring that the landowner and the landowner's successors in interest will not in the future complain about accepted farming or forest practices on nearby lands devoted to farm or forest use.
4. Conditional Use Divisions: A land division creating parcels less than 80 acres in size may be approved for a conditional use to which Subsection 406.05(A)(6) is applicable, subject to the following criteria:
   1. The parcel created for the conditional use shall be the minimum size necessary for the use;
   2. Either the conditional use was approved pursuant to Subsections 406.05(A)(1) and (2), or—for those uses not subject to Subsections 406.05(A)(1) and (2)—compliance with Subsections 406.05(A)(1) and (2) shall be demonstrated; and
   3. The landowner shall sign a statement that shall be recorded with the County Clerk, declaring that the landowner will not in the future complain about accepted farming or forest practices on nearby lands devoted to farm or forest use.
5. Parks/Open Space/Land Conservation Divisions: A land division for a provider of public parks or open space, or a not-for-profit land conservation organization, may be approved subject to Oregon Revised Statutes (ORS) 215.783. In addition, the landowner shall sign a statement that shall be recorded with the County Clerk, declaring that the landowner will not in the future complain about accepted farming or forest practices on nearby lands devoted to farm or forest use.
6. Forest Practice Divisions: A land division creating parcels less than 80 acres in size may be approved, subject to the following criteria:
   1. The division will facilitate a forest practice as defined in ORS 527.620;
   2. There are unique property specific characteristics present in the proposed parcel that require an amount of land smaller than 80 acres in order to conduct the forest practice;
   3. Parcels created pursuant to Subsection 406.09(F):
      1. Are not eligible for siting of a new dwelling;
      2. May not serve as the justification for the siting of a future dwelling on other lots of record;
      3. May not, as a result of the land division, be used to justify redesignation or rezoning of resource lands; and
      4. May not result in a parcel of less than 35 acres, unless the purpose of the land division is to:
         1. Facilitate an exchange of lands involving a governmental agency; or
         2. Allow transactions in which at least one participant is a person with a cumulative ownership of at least 2,000 acres of forest land; and
      5. The landowner shall sign a statement that shall be recorded with the County Clerk, declaring that the landowner and the landowner's successors in interest will not in the future complain about accepted farming or forest practices on nearby lands devoted to farm or forest use.
7. Land Divisions Along an Urban Growth Boundary: A division of a lot of record may occur along an urban growth boundary where the parcel remaining outside the urban growth boundary is zoned AG/F or TBR and is smaller than 80 acres, subject to the following criteria:
   1. If the parcel contains a dwelling, the parcel must be large enough to support continued residential use.
   2. If the parcel does not contain a dwelling, the parcel:
      1. Is not eligible for siting a dwelling, except as may be authorized under ORS 195.120;
      2. May not be considered in approving or denying an application for any other dwelling;
      3. May not be considered in approving a redesignation or rezoning of forest lands, except to allow a public park, open space, or other natural resource use; and
      4. The owner of the parcel shall record with the county clerk an irrevocable deed restriction prohibiting the owner and all successors in interest from pursuing a cause of action or claim of relief alleging injury from farming or forest practices for which a claim or action is not allowed under ORS 30.936 or 30.937.

406.10 Approval Period And Time Extension

1. Land Divisions: Approval of an application for a land division is valid for six 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 six-year period, the approval shall be implemented. “Implemented” means the final plat shall be recorded with the County Clerk. If a final plat is not required under ORS chapter 92, deeds with the legal descriptions of the new lots of record shall be recorded with the County Clerk.
2. Replacement Dwellings: Approval of a replacement dwelling pursuant to Subsection 406.01(D)(1) 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 a building or manufactured dwelling placement permit for the replacement dwelling shall be obtained and maintained and construction of the replacement dwelling shall have commenced.
3. Other Dwellings: 
   1. Approval of a dwelling pursuant to Subsection 406.05(C), (3), (4), or (5), or for a caretaker residence for a public park or public fish hatchery, 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 a building or manufactured dwelling placement permit for the dwelling shall be obtained and maintained. 
   2. An extension of a permit described in Subsection 406.10(C)(1) is valid for two years provided that the applicant submits a written request for the extension prior to the expiration of the initial approval period. 
   3. A maximum of five additional one-year extensions of a permit shall be approved if: 
      1. The applicant makes a written request for the additional extension prior to the expiration of the extension; 
      2. The applicable residential development statute has not been amended following the approval of the permit; and 
      3. An applicable rule or land use regulation has not been amended following the issuance of the permit, unless allowed by the County, which may require that the applicant comply with the amended rule or land use regulation.
4. Approval of any other application is valid for two 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 two-year period, the approval shall be implemented. 
   1. “Implemented” means all major development permits shall be obtained and maintained for the approved land use, or if no major development permits are required to complete the development contemplated by the approved land use application, “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 permit for a new primary structure that was part of the land use approval; or 
      2. A permit issued by the County for parking lot or road improvements required by the land use approval. 
   2. One extension period of up to 12 months shall be approved if: 
      1. An applicant makes a written request for an extension of the development approval period; 
      2. The request is submitted to the County prior to the expiration of the approval period; 
      3. The applicant states reasons that prevented the applicant from beginning or continuing development within the approval period; and 
      4. The County determines that the applicant was unable to begin or continue development during the approval period for reasons for which the applicant was not responsible. 
   3. Additional one-year extensions shall be authorized subject to compliance with Subsections 406.10(D)(2)(a) through (d) and where applicable criteria for the decision have not changed.
5. An extension pursuant to Subsection 406.10(C)(3), (D)(2), or (D)(3) requires review as a Type II application pursuant to Section 1307, Procedures. The decision is an administrative decision, is not a land use decision as described in ORS 197.015, and is not subject to appeal as a land use decision.
6. Subsection 406.10(D) overrides any other potentially applicable approval period standard in other sections of this Ordinance except that home occupations and temporary dwellings for care shall be subject to the applicable approval period provisions of Sections 822, Home Occupations, or 1204, Temporary Permits, respectively.

[Amended by Ord. ZDO-224, 05/31/2011; Amended by Ord. ZDO-230, 09/26/2011; Amended by Ord. ZDO-234, 06/07/2012; Amended by Ord. ZDO-245, 07/01/2013; Amended by Ord. ZDO-247, 03/01/2014; Amended by Ord. ZDO-248, 10/13/2014; Amended by Ord. ZDO-254, 01/04/2016; Amended by Ord. ZDO-262, 05/23/2017; Amended by Ord. ZDO-266, 05/23/2018; Amended by Ord. ZDO-268, 10/02/2018; Amended by Ord. ZDO-276, 10/01/2020; Amended by Ord. ZDO-280, 10/23/2021; Amended by Ord. ZDO-283, 09/05/2023; Amended by Ord. ZDO-286, 11/20/2023; Amended by Ord. ZDO-285, 09/03/2024; Amended by Ord. ZDO-293, 09/08/2026]

401.01 Purpose

Section 401 is adopted to implement the policies of the Comprehensive Plan for Agriculture areas.

401.02 Applicability

Section 401 applies to land in the Exclusive Farm Use (EFU) District.

401.03 Definitions

Unless specifically defined in Subsection 401.03 or in Section 202, Definitions, words or phrases used in Section 401 shall be interpreted to give them the same meaning as they have in common usage and to give Section 401 its most reasonable application. 

1. Agricultural Land:
   1. "Agricultural Land" as defined in Statewide Planning Goal 3 includes:
      1. Lands classified by the U.S. Natural Resources Conservation Service as predominantly Class I-IV soils;
      2. Land in other soil classes that is suitable for farm use as defined in ORS 215.203(2)(a), taking into consideration soil fertility; suitability for grazing; climatic conditions; existing and future availability of water for farm irrigation purposes; existing land use patterns; technological and energy inputs required; and accepted farming practices; and
      3. Land that is necessary to permit farm practices to be undertaken on adjacent or nearby agricultural lands.
   2. Land in capability classes other than I-IV that is adjacent to or intermingled with lands in capability classes I-IV within a farm unit, shall be inventoried as agricultural lands even though this land may not be cropped or grazed.
   3. "Agricultural Land" does not include land within acknowledged urban growth boundaries or land within acknowledged exception areas for Statewide Planning Goal 3 or 4.
2. Commercial Agricultural Enterprise: 1. “Commercial Agricultural Enterprise” consists of farm operations that will: a. Contribute in a substantial way to the area's existing agricultural economy; and b. Help maintain agricultural processors and established farm markets. 2. When determining whether a farm is part of the commercial agricultural enterprise, not only what is produced, but how much and how it is marketed shall be considered. These are important factors because of the intent of Statewide Planning Goal 3 to maintain the agricultural economy of the state.
3. Commercial Farm: A farm unit with all of the following characteristics: 1. The land is used for the primary purpose of obtaining a profit in money from farm use; 2. The net income derived from farm products is significant; and 3. Products from the farm unit contribute substantially to the agricultural economy, to agricultural processors, and to farm markets.
4. Contiguous: Connected in such a manner as to form a single block of land.
5. Date of Creation and Existence: When a lot of record or tract is reconfigured pursuant to applicable law after November 4, 1993, the effect of which is to qualify a lot of record or tract for the siting of a dwelling, the date of the reconfiguration is the date of creation or existence. Reconfigured means any change in the boundary of the lot of record or tract.
6. Dwelling: Except as allowed for an accessory farm dwelling pursuant to Subsection 401.05(C)(9), a dwelling is a detached single-family dwelling, a manufactured dwelling, or a prefabricated structure.
7. Exception Area: An area no longer subject to the requirements of Statewide Planning Goal 3 or 4 because the area is the subject of a site specific exception acknowledged pursuant to ORS 197.732 and OAR chapter 660, division 4.
8. Farm or Ranch Operator: A person who operates a farm or ranch, doing the work, and making the day-to-day decisions about such things as planting, harvesting, feeding, and marketing.
9. Farm or Ranch Operation: All lots of record in the same ownership that are used by the farm or ranch operator for farm use.
10. Farm Use: As defined in ORS 215.203. As used in the definition of "farm use" in ORS 215.203:
    1. "Preparation" of products or by-products includes but is not limited to the cleaning, treatment, sorting, or packaging of the products or by-products; and
    2. "Products or by-products raised on such land" includes:
       1. Products or by-products raised on the farm operation where the preparation occurs;
       2. Products or by-products raised on other farmland provided:
          1. The preparation is occurring only on a tract currently employed for a farm use or farm uses other than preparation; and
          2. Such products or by-products are prepared in the same facilities as and in conjunction with products or by-products raised on the farm operation where the preparation occurs.
11. High-Value Farmland: As defined in ORS 215.710 and OAR 660-033-0020(8).
12. Irrigated: Watered by an artificial or controlled means, such as sprinklers, furrows, ditches, or spreader dikes. An area or tract is “irrigated” if it is currently watered, or has established rights to use water for irrigation, including such tracts that receive water for irrigation from a water or irrigation district or other provider. An area or tract within a water or irrigation district that was once irrigated shall continue to be considered "irrigated" even if the irrigation water was removed or transferred to another tract.
13. NRCS Web Soil Survey: The official source of certified soils data available online that identifies agricultural land capability classes, developed and maintained by the Natural Resources Conservation Service as of January 1, 2016, for agricultural soils that are not high-value, and as of December 6, 2007, for high-value agricultural soils.
14. Tract: One or more contiguous lots of record under the same ownership.

401.04 Uses Permitted

Uses permitted in the EFU District are listed in Table 401-1, Permitted Uses in the EFU District.

1. As used in Table 401-1:
   1. “A” means the use is an accessory use.
   2. “C” means the use is a conditional use, approval of which is subject to Section 1203, Conditional Uses.
   3. “HV” means high-value farmland.
   4. “NA” means not applicable.
   5. “NHV” means not high-value farmland.
   6. “P” means the use is a primary use.
   7. “Type I” means the use requires review of a Type I application, pursuant to Section 1307, Procedures.
   8. “Type II” means the use requires review of a Type II application, pursuant to Section 1307, Procedures.
   9. “Type III” means the use requires review of a Type III application, pursuant to Section 1307, Procedures.
   10. “X” means the use is prohibited.
   11. “X*” means the use is prohibited except as set forth in Subsection 401.05(I)(1).
   12. Numbers in superscript correspond to the notes that follow Table 401-1.
2. Permitted uses are subject to the applicable provisions of Subsection 401.07; Section 1000, Development Standards; and Section 1100, Development Review Process. However, uses listed in ORS 215.283(1) are not subject to Section 1000.

Table 401-1: Permitted Uses in the EFU District

¹The processing, compounding, or conversion of marijuana into cannabinoid extracts is prohibited.

² Type II review is required except as established by Subsection 401.05(C)(1)(h).

³ Farming of a marijuana crop, and the gross sales derived from selling a marijuana crop, may not be used to demonstrate compliance with the approval criteria for a dwelling. (See ORS 475C.489.)

⁴ A lot of record dwelling on high-value farmland consisting predominantly of Prime, Unique, Class I, or Class II Soils requires review of a Type III application pursuant to Section 1307, Procedures.

⁵ The use is prohibited in an urban or rural reserve established pursuant to OAR chapter 660, division 27.

⁶ A commercial activity carried on in conjunction with a marijuana crop is prohibited. (See ORS 475C.489.)

401.05 Approval Criteria for Specific Uses

The following criteria apply to some of the uses listed in Table 401-1, Permitted Uses in the EFU District. The applicability of a specific criterion to a listed use is established by Table 401-1.

1. General Criteria
   1. Uses may be approved only where such uses:
      1. Will not force a significant change in accepted farm or forest practices on surrounding lands devoted to farm or forest use; and
      2. Will not significantly increase the cost of accepted farm or forest practices on surrounding lands devoted to farm or forest use.
      3. For purposes of Subsections 401.05(A)(1)(a) and (b), a determination of forcing a significant change in accepted farm or forest practices on surrounding lands devoted to farm and forest use or a determination of whether the use will significantly increase the cost of accepted farm or forest practices on surrounding lands devoted to farm or forest use requires:
      4. Identification and description of the surrounding lands, the farm and forest operations on those lands, and the accepted farm practices on each farm operation and the accepted forest practices on each forest operation;
      5. An assessment of the individual impacts to each farm and forest practice, and whether the proposed use is likely to have an important influence or effect on any of those practices; and
      6. An assessment of whether all identified impacts of the proposed use when considered together could have a significant impact to any farm or forest operation in the surrounding area in a manner that is likely to have an important influence or effect on that operation.
      7. For purposes of Subsection 401.05(A)(1)(c), examples of potential impacts for consideration may include but are not limited to traffic, water availability and delivery, introduction of weeds or pests, damage to crops or livestock, litter, trespass, reduction in crop yields, or flooding.
      8. For purposes of Subsections 401.05(A)(1)(a) and (b), potential impacts to farm and forest practices or the cost of farm and forest practices, impacts relating to the construction or installation of the proposed use shall be deemed part of the use itself for the purpose of conducting a review under Subsections 401.05(A)(1)(a) and (b).
      9. In the consideration of potentially mitigating conditions of approval under ORS 215.296(2), the County may not impose such a condition upon the owner of the affected farm or forest land or on such land itself, nor compel said owner to accept payment to compensate for the significant changes or significant increases in costs described in Subsections 401.05(A)(1)(a) and (b).
   2. The NRCS Web Soil Survey shall be used to determine the soil classification and soil rating for a specific lot of record for a dwelling, with the following exceptions:
      1. For the purposes of approving a lot of record dwelling application on high-value farmland, the County may change the soil class, soil rating, or other soil designation of a specific lot of record if the property owner:
         1. Submits a statement of agreement from the NRCS that the soil class, soil rating or other soil designation should be adjusted based on new information; or
         2. Submits a report from a soils scientist whose credentials are acceptable to the Oregon Department of Agriculture that the soil class, soil rating, or other soil designation should be changed; and submits a statement from the Oregon Department of Agriculture that the Director of Agriculture or the director’s designee has reviewed the report and finds the analysis in the report to be soundly and scientifically based.
      2. For a nonfarm dwelling application, more detailed data on soil capability than is contained in the USDA Natural Resources Conservation Service (NRCS) soil maps and soil surveys may be used to define agricultural land. However, the more detailed soils data shall be related to the NRCS land capability classification system. i. If a person concludes that more detailed soils information than that contained in the Web Soil Survey operated by the NRCS, would assist the County to make a better determination of whether land qualifies as agricultural land, the person must request that the Oregon Department of Land Conservation and Development arrange for an assessment of the capability of the land by a professional soil classifier who is chosen by the person, using the process described in OAR 660-033-00
   3. The landowner for the dwelling shall sign and record in the County deed records a document binding the landowner, and the landowner's successors in interest, prohibiting them from pursuing a claim for relief or cause of action alleging injury from farming or forest practices for which no action or claim is allowed under ORS 30.936 or 30.937.
   4. An approval to construct a dwelling may be transferred to any other person after the effective date of the land use decision.
   5. No enclosed structure with a design capacity greater than 100 people, or group of structures with a total design capacity of greater than 100 people, shall be approved in connection with the use within three miles of an urban growth boundary, unless an exception is approved pursuant to ORS 197.732 and OAR chapter 660, division 4, or unless the structure is described in a master plan adopted under the provisions of OAR chapter 660, division 34. a. Any enclosed structures or group of enclosed structures described in Subsection 401.05(A)(5) within a tract must be separated by at least one-half mile. For purposes of Subsection 401.05(A)(5), “tract” means a tract as defined by Subsection 401.03(N) that was in existence as of June 17, 2010. b. Existing facilities wholly within a farm use zone may be maintained, enhanced, or expanded on the same tract, subject to other requirements of law, but enclosed existing structures within a farm use zone within three miles of an urban growth boundary may not be expanded beyond the requirements of Subsection 401.05(A)(5).
2. Farm/Forest Resource Uses and Natural Resource Uses
   1. A facility for the primary processing of forest products shall not seriously interfere with accepted farming practices and shall be compatible with farm uses described in ORS 215.203(2). Such facility may be approved for a one-year period that is renewable and is intended to be only portable or temporary in nature. The primary processing of a forest product, as used in Subsection 401.05(B)(1) means the use of a portable chipper or stud mill or other similar methods of initial treatment of a forest product in order to enable its shipment to market. Forest products as used in Subsection 401.05(B)(1) means timber grown upon a tract where the primary processing facility is located.
   2. A facility for the processing of farm products shall: a. Use less than 10,000 square feet for its processing area and comply with all applicable siting standards, but the siting standards may not be applied in a manner that prohibits the siting of a facility for the processing of farm products; or b. Notwithstanding any applicable siting standard, use less than 2,500 square feet for its processing area. However, applicable standards and criteria pertaining to floodplains, geologic hazards, airport safety, and fire siting standards shall apply.
   3. Any division of a lot of record that separates a facility for the processing of farm products from the farm operation on which it is located is prohibited.
   4. As used in Subsections 401.05(B)(2) and (3), the following definitions apply:
      1. “Facility for the processing of farm products” means a facility for: a. Processing farm crops, including the production of biofuel as defined in ORS 315.141, if at least one-quarter of the farm crops come from the farm operation containing the facility; or b. Slaughtering, processing, or selling poultry or poultry products, rabbits or rabbit products from the farm operation containing the facility and consistent with the licensing exemption for a person under ORS 603.038(2).
      2. “Processing area” means the floor area of a building dedicated to farm product processing. “Processing area” does not include the floor area designated for preparation, storage, or other farm use.
   5. Insect species shall not include any species under quarantine by the Oregon Department of Agriculture or the United States Department of Agriculture.
3. Residential Uses

   1. A lawfully established dwelling may be altered, restored, or replaced if:

      1. The dwelling to be altered, restored or replaced has, or formerly had, the following features. “Formerly had” means that the dwelling possessed all the listed features within three years prior to the date an application is submitted for a replacement dwelling. i. Intact exterior walls and roof structure; ii. Indoor plumbing consisting of a kitchen sink, toilet, and bathing facilities connected to a sanitary waste disposal system; iii. Interior wiring for interior lights; and iv. A heating system; and
      2. The dwelling to be altered, restored, or replaced meets one of the following conditions: i. Unless the value of the dwelling was eliminated as a result of destruction or demolition, was assessed as a dwelling for purposes of ad valorem taxation since the later of: A) Five years before the date of the application; or B) The date that the dwelling was erected upon or fixed to the land and became subject to property tax assessment. ii. If the value of the dwelling was eliminated as a result of destruction or demolition, was assessed as a dwelling for purposes of ad valorem taxation prior to the destruction or demolition and since the later of: A) Five years before the date of the destruction or demolition; or B) The date that the dwelling was erected upon or fixed to the land and became subject to property tax assessment.
      3. For replacement of a lawfully established dwelling, the dwelling to be replaced must be removed, demolished, or converted to an allowable nonresidential use within three months from the date the replacement dwelling is certified for occupancy pursuant to ORS 455.055 or, in the case of a manufactured dwelling, within three months after the date of final inspection by County Building Codes;
      4. As a condition of approval, if the dwelling to be replaced is located on a portion of the lot of record that is not zoned EFU, the applicant shall execute and cause to be recorded in the County deed records a deed restriction prohibiting the siting of another dwelling on that portion of the lot of record. The restriction imposed is irrevocable unless the Planning Director places a statement of release in the County deed records to the effect that the provisions of ORS 215.283 and 215.291 regarding replacement dwellings have changed to allow the lawful siting of another dwelling.
      5. A replacement dwelling must:

      i. Be sited on the same lot of record as the dwelling it is replacing; and ii. Comply with all applicable siting standards; however, the standards may not be applied in a manner that prohibits the siting of the replacement dwelling.

      1. Construction of the replacement dwelling must commence no later than four years after the approval of the replacement dwelling application becomes final.
      2. If an applicant is granted a deferred replacement permit:

      i. The deferred replacement permit does not expire but, notwithstanding Subsection 401.05(C)(1)(c), the permit becomes void unless the dwelling to be replaced is removed or demolished within three months after the deferred replacement permit is issued; and the deferred replacement permit may not be transferred, by sale or otherwise, except by the applicant to the spouse or a child of the applicant. ii. The replacement dwelling must comply with applicable building codes, plumbing codes, sanitation codes, and other requirements relating to health and safety or to siting at the time of construction.

      1. The alteration, restoration, or replacement of a lawfully established dwelling requires review as a Type II application pursuant to Section 1307, Procedures, unless the dwelling to be altered, restored, or replaced:
         1. Is the only dwelling on the lot of record other than a temporary dwelling approved pursuant to Section 1204, Temporary Permits, or a relative farm help or accessory farm dwelling approved pursuant to Subsection 401.05(C)(8) or (9), respectively;
         2. Currently has the features listed in Subsection 401.05(C)(1)(a); and
         3. Was lawfully established as demonstrated by:
         4. An issued County building or manufactured dwelling placement permit approved by the Planning Director; or
         5. Assessment records of the County Department of Assessment and Taxation that demonstrate that the dwelling was constructed before the application to the subject property of the first farm, forest, or mixed farm and forest zoning district that restricted the development of dwellings.
   2. Lot of record dwelling: A lot of record dwelling is allowed subject to the following criteria:
      1. The unit of land on which the dwelling will be sited is a lot of record.

      2. The lot of record has been under the continuous ownership of the present owner who either:

         1. Acquired the lot of record prior to January 1, 1985, or
         2. Acquired the lot of record by devise or intestate succession from a person who had continuously owned the property since prior to January 1, 1985.

         iii. As used in Subsection 401.05(C)(2)(b), “owner” includes the wife, husband, son, daughter, mother, father, brother, brother-in-law, sister, sister-in-law, son-in-law,

         1. daughter-in-law, mother-in-law, father-in-law, aunt, uncle, niece, nephew, stepparent, stepchild, grandparent, or grandchild of the owner, or a business entity owned by any one or a combination of these family members.
      3. The tract on which the dwelling will be sited does not include a dwelling.
      4. If the lot of record on which the dwelling will be sited was part of a tract on November 4, 1993, no dwelling exists on another lot of record that was part of that tract.
      5. The proposed dwelling is not prohibited by, and will comply with, the requirements of the Comprehensive Plan, this Ordinance, and other provisions of law.
      6. When the lot of record on which the dwelling will be sited is part of a tract, the remaining portions of the tract are consolidated into a single lot of record when the dwelling is allowed.
      7. The dwelling either will not seriously interfere with the preservation of big game winter range areas identified on Comprehensive Plan Map III-2, Scenic and Distinctive Resource Areas, or can be adequately mitigated. Estimated impacts and appropriate mitigation measures shall be submitted by the applicant and based on the best available data and assessment methods from the appropriate agency. The Oregon Department of Fish and Wildlife (ODFW) suggests to the County that in the absence of mitigation measures, winter range is seriously impacted by residential densities which exceed one unit per 80 acres or one unit per 40 acres, if clustered within 200 feet.
      8. The County Assessor shall be notified that the County intends to allow the dwelling.
      9. If the subject property is high-value farmland predominantly composed of Class III and IV Soils, provided they are not Prime or Unique Soils:
         1. The tract is 21 acres or less in size; and
         2. The tract is bordered on at least 67 percent of its perimeter by tracts that are smaller than 21 acres, and at least two such tracts had dwellings on January 1, 1993; or
         3. The tract is not a flaglot and is bordered on at least 25 percent of its perimeter by tracts that are smaller than 21 acres, and at least four dwellings existed on January 1, 1993, within one-quarter mile of the center of the subject tract. Up to two of the four dwellings may lie within an urban growth boundary, but only if the subject tract abuts an urban growth boundary; or
         4. The tract is a flaglot and is bordered on at least 25 percent of its perimeter by tracts that are smaller than 21 acres, and at least four dwellings existed on January 1, 1993, within one-quarter mile of the center of the subject tract and on the same side of the public road that provides access to the subject tract. The center of the subject tract is the geographic center of the flaglot if the applicant makes a written request for that interpretation and that interpretation does not cause the center to be located outside the flaglot. Up to two of the four dwellings may lie within an urban growth boundary, but only if the subject tract abuts an urban growth boundary.
         5. As used in Subsection 401.05(C)(2)(i)(iii) and (iv), “flaglot” means a tract containing a narrow strip or panhandle of land providing access from the public road to the rest of the tract.
         6. As used in Subsection 401.05(C)(2)(i)(iv), “geographic center of the flaglot" means the point of intersection of two perpendicular lines of which the first line crosses the midpoint of the longest side of a flaglot, at a 90-degree angle to the side, and the second line crosses the midpoint of the longest adjacent side of the flaglot.
      10. If the subject lot of record is high-value farmland consisting predominantly of Prime, Unique, Class I, or Class II Soils:
          1. The lot of record cannot practicably be managed for farm use, by itself or in conjunction with other land, due to extraordinary circumstances inherent in the land or its physical setting that do not apply generally to other land in the vicinity. This criterion asks whether the subject lot of record can be physically put to farm use without undue hardship or difficulty because of extraordinary circumstances inherent in the land or its physical setting. Neither size alone nor a lot of record’s limited economic potential demonstrates that a lot of record cannot be practicably managed for farm use. Examples of “extraordinary circumstances inherent in the land or its physical setting” include very steep slopes, deep ravines, rivers, streams, roads, railroads or utility lines or other similar natural or physical barriers that by themselves or in combination separate the subject lot of record from adjacent agricultural land and prevent it from being practicably managed for farm use by itself or together with adjacent or nearby farms. A lot of record that has been put to farm use despite the proximity of a natural barrier or since the placement of a physical barrier shall be presumed manageable for farm use.
          2. The dwelling will comply with Subsection 401.05(A)(1).
          3. The dwelling will not materially alter the stability of the overall land use pattern in the area as determined by applying the standards set forth in Subsection 401.05(C)(7)(d).
   3. Farm dwelling on high-value farmland: If the subject property is high-value farmland, a farm dwelling is allowed subject to the following criteria:
      1. The subject tract is currently employed for the farm use on which the farm operator earned at least $80,000 in gross annual income from the sale of farm products in each of the last two years or three of the last five years, or in an average of three of the last five years;
      2. Except for seasonal farmworker housing approved prior to 2001, there is no other dwelling on lands designated for exclusive farm use pursuant to ORS chapter 215 or for mixed farm/forest use pursuant to OAR 660-006-0057 owned by the farm or ranch operator or on the farm or ranch operation.
      3. The dwelling will be occupied by a person or persons who produced the commodities that grossed the income in Subsection 401.05(C)(3)(a);
      4. In determining the gross income required by Subsection 401.05(C)(3)(a):i. The cost of purchased livestock shall be deducted from the total gross income attributed to the farm or ranch operation; ii. Only gross income from land owned, not leased or rented, shall be counted; and iii. Gross farm income earned from a lot of record that has been used previously to qualify another lot of record for the construction or siting of a primary farm dwelling may not be used.
      5. The applicant shall submit an IRS tax return transcript and any other information necessary to demonstrate compliance with the gross farm income requirement.
      6. Only a lot of record zoned for farm use in Clackamas County or contiguous counties may be used to meet the gross income requirements. However, when a farm or ranch operation has lots of record in both Western and Eastern Oregon, as defined by OAR 660-033-0020, lots of record in Eastern Oregon may not be used to qualify a dwelling.
      7. Prior to final approval for a dwelling, a covenants, conditions, and restrictions form shall be recorded in the deed records of Clackamas County and any other county where the property subject to the covenants, conditions, and restrictions is located. The covenants, conditions, and restrictions shall be recorded for each lot of record subject to the application for the primary farm dwelling and shall preclude:
         1. All future rights to construct a dwelling except for accessory farm dwellings, relative farm assistance dwellings, temporary dwellings for care, or replacement dwellings allowed by ORS chapter 215; and
         2. The use of any gross farm income earned on the lots of record to qualify another lot of record for a primary farm dwelling.
      8. The covenants, conditions, and restrictions are irrevocable, unless a statement of release is signed by an authorized representative of the county or counties where the property subject to the covenants, conditions and restrictions is located.
      9. Enforcement of the covenants, conditions and restrictions may be undertaken by the Department of Land Conservation and Development or by the county or counties where the property subject to the covenants, conditions, and restrictions is located.
      10. The failure to follow the requirements of Subsection 401.05(C)(3)(g) shall not affect the validity of the transfer of property or the legal remedies available to the buyers of property that is subject to the covenants, conditions, and restrictions required by Subsection 401.05(C)(3)(g).
   4. Farm dwelling not on high-value farmland: If the subject property is not high-value farmland, a farm dwelling is allowed subject to the following criteria:
      1. The subject tract is currently employed for the farm use on which, in each of the last two years or three of the last five years, or in an average of three of the last five years, the farm operator earned the lower of the following: i. At least $40,000 in gross annual income from the sale of farm products; or ii. Gross annual income of at least the midpoint of the median income range of gross annual sales for farms in the county with gross annual sales of $10,000 or more according to the 1992 Census of Agriculture, Oregon.
      2. Except for seasonal farmworker housing approved prior to 2001, there is no other dwelling on lands designated for exclusive farm use pursuant to ORS chapter 215 or for mixed farm/forest use pursuant to OAR 60-006-0057 owned by the farm or ranch operator or on the farm or ranch operation.
      3. The dwelling will be occupied by a person or persons who produced the commodities that grossed the income in Subsection 401.05(C)(4)(a).
      4. In determining the gross income required by Subsection 401.05(C)(4)(a): i. The cost of purchased livestock shall be deducted from the total gross income attributed to the farm or ranch operation. ii. Only gross income from land owned, not leased or rented, shall be counted. iii. Gross farm income earned from a lot of record that has been used previously to qualify another lot of record for the construction or siting of a primary farm dwelling may not be used.
      5. The applicant shall submit an IRS tax return transcript and any other information necessary to demonstrate compliance with the gross farm income requirement.
      6. Only lots of record zoned for farm use in Clackamas County or contiguous counties may be used to meet the gross income requirements. However, when a farm or ranch operation has lots of record in both Western and Eastern Oregon, as defined by OAR 660-033-0020, lots of record in Eastern Oregon may not be used to qualify a dwelling.
      7. Prior to final approval for a dwelling, a covenants, conditions, and restrictions form shall be recorded in the deed records of Clackamas County and any other county where the property subject to the covenants, conditions, and restrictions is located. The covenants, conditions, and restrictions shall be recorded for each lot of record subject to the application for the primary farm dwelling and shall preclude:i. All future rights to construct a dwelling except for accessory farm dwellings, relative farm assistance dwellings, temporary dwellings for care, or replacement dwellings allowed by ORS chapter 215; and ii. The use of any gross farm income earned on the lots of record to qualify another lot of record for a primary farm dwelling.
      8. The covenants, conditions, and restrictions are irrevocable, unless a statement of release is signed by an authorized representative of the county or counties where the property subject to the covenants, conditions and restrictions is located.
      9. Enforcement of the covenants, conditions and restrictions may be undertaken by the Department of Land Conservation and Development or by the county or counties where the property subject to the covenants, conditions, and restrictions is located.
      10. The failure to follow the requirements of Subsection 401.05(C)(4)(g) shall not affect the validity of the transfer of property or the legal remedies available to the buyers of property that is subject to the covenants, conditions, and restrictions required by Subsection 401.05(C)(4)(g).
   5. Farm dwelling: A farm dwelling is allowed subject to the following criteria:
      1. The subject tract will be employed as a commercial dairy.
      2. The dwelling is sited on the same lot of record as the buildings required by the commercial dairy.
      3. Except for seasonal farmworker housing approved prior to 2001, there is no other dwelling on the subject tract.
      4. The dwelling will be occupied by a person or persons who will be principally engaged in the operation of the commercial dairy farm, such as the feeding, milking, or pasturing of the dairy animals or other farm use activities necessary to the operation of the commercial dairy farm.
      5. The building permits, if required, have been issued for and construction has begun for the buildings and animal waste facilities required for a commercial dairy farm; and
      6. The Oregon Department of Agriculture has approved the following:
         1. A permit for a “confined animal feeding operation” under ORS 468B.050 and 468B.200 to 468B.230; and
         2. A Producer License for the sale of dairy products under ORS 621.072.
      7. As used in Subsection 401.05(C)(5), a "commercial dairy farm" is a dairy operation that owns a sufficient number of producing dairy animals capable of earning the gross annual income required by Subsection 401.05(C)(3)(a) or (4)(a), whichever is applicable, from the sale of fluid milk.
   6. Farm dwelling not on high-value farmland: If the subject property is not high-value farmland, a farm dwelling is allowed subject to the following criteria:
      1. The lot of record on which the dwelling will be located is at least 160 acres.
      2. The subject tract is currently employed for farm use.
      3. The dwelling will be occupied by a person or persons who will be principally engaged in the farm use of the subject tract, such as planting, harvesting, marketing, or caring for livestock, at a commercial scale.
      4. Except for seasonal farmworker housing approved prior to 2001, there is no other dwelling on the subject tract.
   7. Nonfarm dwelling: A nonfarm dwelling is allowed subject to the following criteria:
      1. The dwelling or activities associated with the dwelling will not force a significant change in or significantly increase the cost of accepted farming or forest practices on nearby lands devoted to farm or forest use;
      2. The dwelling will be sited on a lot of record that is predominantly composed of Class IV through VIII soils that would not, when irrigated, be classified as prime, unique, Class I or II soils;
      3. The dwelling will be sited on a lot of record created before January 1, 1993.
      4. The dwelling will not materially alter the stability of the overall land use pattern of the area. In determining whether a proposed nonfarm dwelling will alter the stability of the land use pattern in the area, the County shall consider the cumulative impact of possible new nonfarm dwellings and parcels on other lots of record in the area similarly situated. To address this standard, the following shall be done:
         1. Identify a study area for the cumulative impacts analysis. The study area shall include at least 2,000 acres or a smaller area not less than 1,000 acres, if the smaller area is a distinct agricultural area based on topography, soils types, land use pattern, or the type of farm or ranch operations or practices that distinguish it from other, adjacent agricultural areas. Findings shall describe the study area, its boundaries, the location of the subject parcel within this area, why the selected area is representative of the land use pattern surrounding the subject parcel and is adequate to conduct the analysis required by this standard. Lands zoned for rural residential or other urban or nonresource uses shall not be included in the study area;
         2. Identify within the study area the broad types of farm uses (irrigated or nonirrigated crops, pasture, or grazing lands), the number, location, and type of existing dwellings (farm, nonfarm, hardship, etc.), and the dwelling development trends since 1993. Determine the potential number of nonfarm/lot-of-record dwellings that could be approved under Subsections 401.05(C)(2) and (7), including identification of predominant soil classifications, the parcels created prior to January 1, 1993, and the parcels larger than the minimum lot size that may be divided to create new parcels for nonfarm dwellings under ORS 215.263(4). The findings shall describe the existing land use pattern of the study area including the distribution and arrangement of existing uses and the land use pattern that could result from approval of the possible nonfarm dwellings under Subsection 401.05(C)(7)(d)(ii); and
         3. Determine whether approval of the proposed nonfarm dwelling together with existing nonfarm dwellings will materially alter the stability of the land use pattern in the area. The stability of the land use pattern will be materially altered if the cumulative effect of existing and potential nonfarm dwellings will make it more difficult for the existing types of farms in the area to continue operation due to diminished opportunities to expand, purchase or lease farmland, acquire water rights or diminish the number of tracts or acreage in farm use in a manner that will destabilize the overall character of the study area.
      5. The dwelling shall comply with such other conditions as the County considers necessary.
      6. If the subject lot of record is, or has been, receiving special assessment at value for farm use under ORS 308A.050 to 308A.128 or other special assessment under ORS 308A.315, 321.257 to 321.390, 321.700 to 321.754 or 321.805 to 321.855, the applicant shall notify the County Assessor that the lot of record is no longer being used as farmland or for other specially assessed uses under ORS 308A.315, 321.257 to 321.390, 321.700 to 321.754 or 321.805 to 321.855; request that the County Assessor disqualify the lot of record from special assessment under ORS 308A.050 to 308A.128, 308A.315, 321.257 to 321.390, 321.700 to 321.754 or 321.805 to 321.855; and pay any additional tax imposed upon disqualification from special assessment. Prior to Planning Director approval of a building or manufactured dwelling placement permit, the applicant shall provide evidence that the subject lot of record has been disqualified for special assessment at value for farm use under ORS 308A.050 to 308A.128 or other special assessment under ORS 308A.315, 321.257 to 321.390, 321.700 to 321.754 or 321.805 to 321.855 and any additional tax imposed as the result of disqualification has been paid.
   8. Relative farm help dwelling: A relative farm help dwelling is allowed subject to the following criteria:
      1. The dwelling must be occupied by relatives whose assistance in the management and farm use of the existing commercial farming operation is required by the farm operator. The farm operator must continue to play the predominant role in the management and farm use of the farm. i. “Relative” means a child, parent, stepparent, grandchild, grandparent, stepgrandparent, sibling, stepsibling, niece, nephew, or first cousin of the farm operator or the farm operator’s spouse. ii. “Assistance in the management and farm use” means performing functions such as planting, harvesting, marketing, or caring for livestock. iii. “Required” means the size, type, and intensity of the farm operation must be used to evaluate the need for the dwelling.
      2. The dwelling must be located on the same lot of record as the dwelling of the farm operator and must be on real property used for farm use.
      3. Notwithstanding ORS 92.010 to 92.192 or the minimum lot or parcel requirements under ORS 215.780, if the owner of a relative farm help dwelling obtains construction financing or other financing secured by the dwelling and the secured party forecloses on the dwelling, the secured party may also foreclose on the “homesite,” as defined in ORS 308A.250, and the foreclosure shall operate as a partition of the homesite to create a new parcel. Prior conditions of approval for the subject land and dwelling remain in effect. i. “Foreclosure” means only those foreclosures that are exempt from partition under ORS 92.010(9)(a).
   9. Accessory farm dwelling: An accessory farm dwelling is allowed subject to the following criteria:
      1. The accessory farm dwelling must be occupied by a person or persons who will be principally engaged in the farm use of the land and whose seasonal or year-round assistance in the management of the farm use, such as planting, harvesting, marketing, or caring for livestock, is or will be required by the farm operator.
      2. The accessory farm dwelling must be located: i. On the same lot of record as the primary farm dwelling; ii. On the same tract as the primary farm dwelling when the lot of record on which the accessory farm dwelling will be sited is consolidated into a single lot of record with all other contiguous lots of record in the tract; iii. On a lot of record on which the primary farm dwelling is not located, when the accessory farm dwelling is a manufactured dwelling with a deed restriction. The deed restriction shall be signed and recorded in the County deed records and require the manufactured dwelling to be removed when the lot of record is conveyed to another party. The manufactured dwelling may remain if it is reapproved pursuant to Section 401; iv. On any lot of record, when the accessory farm dwelling is limited to only attached multi-unit residential structures allowed by the applicable state building code or similar types of farmworker housing as that existing on farm or ranch operations registered with the Department of Consumer and Business Services, Oregon Occupational Safety and Health Division under ORS 658.750. All accessory farm dwellings approved under Subsection 401.05(C)(9)(b)(iv) shall be removed, demolished, or converted to a nonresidential use when farmworker housing is no longer required. “Farmworker housing” shall have the meaning set forth in ORS 215.278 and not the meaning in ORS 315.163. v. On a lot of record on which the primary farm dwelling is not located, when the accessory farm dwelling is located on a lot of record of at least 80 acres and the lot of record complies with the gross farm income requirements of Subsection 401.05(C)(9)(e)(i) or 401.05(C)(9)(e)(ii), whichever is applicable.
      3. There is no other dwelling on the lands designated for exclusive farm use owned by the farm operator that is vacant or currently occupied by persons not working on the subject farm or ranch and that could reasonably be used as an accessory farm dwelling.
      4. The primary farm dwelling to which the proposed dwelling would be accessory must meet one of the following:
         1. On land not identified as high-value farmland, the primary farm dwelling is located on a farm or ranch operation that is currently employed for farm use on which, in each of the last two years or three of the last five years or in an average of three of the last five years, the farm operator earned the lower of the following: at least $40,000 in gross annual income from the sale of farm products, or gross annual income of at least the midpoint of the median income range of gross annual sales for farms in the County with the gross annual sales of $10,000 or more according to the 1992 Census of Agriculture, Oregon; or
         2. On high-value farmland, the primary farm dwelling is located on a farm or ranch operation that is currently employed for farm use on which the farm operator earned at least $80,000 in gross annual income from the sale of farm products in each of the last two years or three of the last five years or in an average of three of the last five years; or
         3. It is located on a commercial dairy farm as defined by OAR 660-033-0135(8); and the building permits, if required, have been issued and construction has begun or been completed for the buildings and animal waste facilities required for a commercial dairy farm; and the Oregon Department of Agriculture has approved a permit for a "confined animal feeding operation" under ORS 468B.050 and 468B.200 to 468B.230 and a Producer License for the sale of dairy products under ORS 621.072.
      5. In determining the gross annual income, the cost of purchased livestock shall be deducted from the total gross income attributed to the tract.
      6. An accessory farm dwelling approved pursuant to Subsection 401.05(C)(9) cannot later be used to satisfy the requirements for a dwelling not provided in conjunction with farm use pursuant to Subsection 401.05(C)(7).
      7. For the purposes of Subsection 401.05(C)(9), "accessory farm dwelling" includes all types of residential structures allowed by the applicable state building code.
      8. Accessory farm dwellings destroyed by a wildfire identified in an Executive Order issued by the Governor in accordance with the Emergency Conflagration Act, ORS 476.510 through 476.610 may be replaced. The temporary use of modular structures, manufactured housing, fabric structures, tents, and similar accommodations is allowed until replacement under Subsection 401.05(C)(9)(h) occurs.
      9. The applicant shall submit an IRS tax return transcript and any other information necessary to demonstrate compliance with the gross farm income requirements in Subsection 401.05(C)(9)(d)(i) or (ii), whichever is applicable.
   10. Farm dwelling: A farm dwelling is allowed subject to the following criteria:
       1. Within the previous two years, the applicant owned and operated a different farm or ranch operation that earned the gross farm income in each of the last five years or four of the last seven years as required by Subsection 401.05(C)(3)(a) or (4)(a), whichever is applicable.
       2. The subject lot of record on which the dwelling will be located is: i. Currently employed for the farm use that produced in each of the last two years or three of the last five years, or in an average of three of the last five years the gross farm income required by Subsection 401.05(C)(3)(a) or (4)(a), whichever is applicable; and ii. At least 80 acres.
       3. Except for seasonal farmworker housing approved prior to 2001, there is no other dwelling on the subject tract.
       4. The dwelling will be occupied by a person or persons who produced the commodities that grossed the income in Subsection 401.05(C)(10)(a).
       5. In determining the gross income required by Subsections 401.05(C)(10)(a) and (b)(i):
          1. The cost of purchased livestock shall be deducted from the total gross income attributed to the tract; and
          2. Only gross income from land owned, not leased or rented, shall be counted.
       6. The applicant shall submit an IRS tax return transcript and any other information necessary to demonstrate compliance with the gross farm income requirement.
   11. One manufactured dwelling, residential trailer, or recreational vehicle, in conjunction with an existing dwelling as a temporary use for the term of a hardship suffered by the existing resident or a relative of the resident. “Relative” means a child, parent, stepparent, grandchild, grandparent, stepgrandparent, sibling, stepsibling, niece, nephew, or first cousin. Within three months of the end of the hardship, the manufactured dwelling, residential trailer, or recreational vehicle shall be removed or demolished. Department of Environmental Quality review and removal requirements also apply. A temporary residence approved under Subsection 401.05(C)(11) is not eligible for replacement under Subsection 401.05(C)(1).
4. Commercial Uses
   1. Home occupations:
      1. The home occupation shall not unreasonably interfere with other uses permitted in the EFU District and shall not be used as justification for a zone change.
      2. A use provided in OAR 660-033-0120 may only be approved as a home occupation if:
         1. The scale and intensity of the use is no more intensive than the limitations and conditions otherwise specified for the use in OAR 660-033-0120; and
         2. The use is accessory, incidental, and subordinate to the primary residential use of a dwelling on the property.
   2. Agri-tourism and other commercial events or activities that are related to and supportive of agriculture:
      1. A determination under ORS 215.283(4) that an event or activity is ‘incidental and subordinate’ requires consideration of any relevant circumstances, including the nature, intensity, and economic value of the respective farm and event uses, that bear on whether the existing farm use remains the predominant use of the tract.
      2. A determination under ORS 215.283(4)(d)(A) that an event or activity is ‘necessary to support’ either the commercial farm uses or commercial agricultural enterprises in the area means that the events are essential in order to maintain the existence of either the commercial farm or the commercial agricultural enterprises in the area.
   3. A cider business, farm brewery, or winery bed and breakfast facility as a home occupation subject to ORS 215.448, on the same tract as the approved cider business, farm brewery, or winery and in association with that cider business, farm brewery, or winery, and the following:
      1. May prepare and serve two meals per day to registered guests of the bed and breakfast facility; and
      2. Meals may be served at the bed and breakfast facility or at the cider business, farm brewery, or winery.
   4. Aerial fireworks display business: As part of the conditional use approval process for an aerial fireworks display business, for the purpose of verifying the existence, continuity, and nature of the business, representatives of the business may apply to the County and submit evidence including, but not limited to, sworn affidavits or other documentary evidence that the business qualifies. An aerial fireworks display business may be altered, restored, or replaced pursuant to Section 1206, Nonconforming Uses and Vested Rights.
   5. Dog training classes conducted outdoors or in farm buildings that existed on January 1, 2019, when:
      1. The number of dogs participating in training does not exceed 10 per training class; and
      2. The number of training classes to be held on-site does not exceed six per day.
   6. Dog testing trials conducted outdoors or in farm buildings that existed on January 1, 2019, when:
      1. The number of dogs participating in a testing trial does not exceed 60; and
      2. The number of testing trials to be conducted on-site does not exceed four per calendar year.
   7. A farm stand is allowed if:
      1. The structures are designed and used for sale of farm crops and livestock grown on the farm operation, or grown on the farm operation and other farm operations in Oregon, including the sale of retail incidental items and fee-based activity to promote the sale of farm crops or livestock sold at the farm stand if the annual sales of the incidental items and fees from promotional activity do not make up more than 25 percent of the total annual sales of the farm stand; and
      2. The farm stand does not include structures designed for occupancy as a residence or for activities other than the sale of farm crops and livestock and does not include structures for banquets, public gatherings, or public entertainment.
      3. As used in Subsection 401.05(D)(7), “farm crops or livestock” includes both fresh and processed farm crops and livestock grown on the farm operation, or grown on the farm operation and other farm operations in Oregon. As used in Subsection 401.05(D)(7)(c), “processed farm crops and livestock” includes jams, syrups, apple cider, animal products, and other similar farm crops and livestock that have been processed and converted into another product but not prepared food items.
      4. A farm stand may not be used for the sale, or to promote the sale, of marijuana products or extracts.
      5. At the request of the County, the farm stand operator shall submit to the County evidence of compliance with the annual sales requirement of Subsection 401.05(D)(7)(a). Such evidence shall consist of an IRS tax return transcript and any other information the County may require to document ongoing compliance with Subsection 401.05(D)(7) or any other condition of approval required by the County.
   8. Equine and equine-affiliated therapeutic and counseling activities, provided: a. The activities must be conducted in existing buildings that were lawfully constructed on the property before January 1, 2019, or in new buildings that are accessory, incidental, and subordinate to the farm use on the tract; and b. All individuals conducting therapeutic or counseling activities must act within the proper scope of any licenses required by the state.
   9. Child care facilities, preschool recorded programs, or school-age recorded programs, provided: a. They are primarily for the children of residents and workers of the rural area in which the facility or program is located; and b. The use is colocated with a community center or a public or private school allowed under Section 401. “Colocated” means located on the same lot of record.
5. Mineral, Aggregate, Oil, and Gas Uses
   1. Pursuant to ORS 215.298 a land use permit is required for mining more than 1000 cubic yards of material or excavation preparatory to mining of a surface area of more than one acre. A permit for mining of aggregate shall be issued only for a site included on an inventory acknowledged in the Comprehensive Plan.
   2. New uses that batch and blend mineral and aggregate into asphalt cement may not be authorized within two miles of a planted vineyard. Planted vineyard means one or more vineyards totaling 40 acres or more that are planted as of the date the application for batching and blending is filed.
6. Transportation Uses
   1. Roads, highways and other transportation facilities, and improvements not otherwise allowed under Section 401 may be established, subject to the adoption of an exception to Statewide Land Use Planning Goal 3, Agricultural Lands, and to any other applicable goal with which the facility or improvement does not comply. In addition, transportation uses and improvements may be authorized under conditions and standards as set forth in OAR 660-012-0035 and 660-012-0065.
   2. A personal-use airport means an airstrip restricted, except for aircraft emergencies, to use by the owner, and, on an infrequent and occasional basis, by invited guests, and by commercial aviation activities in connection with agricultural operations. No aircraft may be based on a personal-use airport other than those owned or controlled by the owner of the airstrip. Exceptions to the activities allowed under this definition may be granted through waiver action by the Oregon Department of Aviation in specific instances. A personal-use airport lawfully existing as of September 13, 1975, shall continue to be allowed subject to any applicable rules of the Oregon Department of Aviation.
7. Utility/Solid Waste Disposal Facility Uses
   1. Wind energy power production systems as an accessory use, provided:
      1. The system is not a commercial power generating facility;
      2. No turbine has an individual rated capacity of more than 100kW, nor does the cumulative total rated capacity of the turbines comprising the installation exceed 100 kW;
      3. The system complies with the Oregon Department of Environmental Quality noise standards otherwise applicable to commercial and industrial uses for quiet areas, measured at the nearest property line of the noise-sensitive use. This may be demonstrated through information provided by the manufacturer;
      4. The system is prohibited if tower lighting for aviation safety is required;
      5. The system will be located outside an urban growth boundary on a minimum of one acre;
      6. The system does not exceed 150 feet in height from base to the height of the tower plus one blade;
      7. The system is set back a distance not less than the tower height plus one blade from all property lines; and
      8. Roof mounted system towers shall extend no more than an additional five feet above the highest ridge of a building’s roof or 15 feet above the highest eave, whichever is higher, but shall not exceed 150 feet in height from finished grade.
   2. A utility facility necessary for public service may be established as provided in OAR 660-033-0130(16)(a) and ORS 215.275 and 215.276, or, if the utility facility is an associated transmission line, as provided in OAR 660-033-0130(16)(b) and ORS 215.274 and 215.276.
   3. Composting operations and facilities
      1. Must:
         1. Compost only on-farm produced compostable materials; or
         2. Compost only off-site materials and use all on-site generated compost for on-farm production in conjunction with, and auxiliary to, the farm use on the subject tract; or
         3. Compost any off-site materials with on-farm produced compostables and use all on-site generated compost for on-farm production in conjunction with, and auxiliary to, the farm use on the subject tract;
      2. Must be an accepted farm practice in conjunction with and auxiliary to farm use on the subject tract, meaning that if off-site materials are added to on-farm produced compostables, the total amount of compost generated by the operation or facility does not exceed the amount of compost reasonably anticipated to be used on the subject tract;
      3. Must limit buildings and facilities used in conjunction with the composting operation to those required for the operation of the subject facility;
      4. Must meet the performance and permitting requirements of the Department of Environmental Quality under OAR 340-093-0050 and 340-096-0060; and
      5. May sell or transport excess compost only if:
         1. The operation or facility does not use off-site materials;
         2. It is sold or transported to neighboring farm operations within two and one-half miles of the subject tract; and
         3. It is sold or transported in bulk loads of not less than one unit (7.5 cubic yards) in size that are transported in one vehicle.
   4. On high-value farmland, permanent features of a power generation facility shall not use, occupy, or cover more than 12 acres unless an exception is taken pursuant to ORS 197.732 and OAR chapter 660, division 4. If the subject property is not high-value farmland, permanent features of a power generation facility shall not use, occupy, or cover more than 20 acres unless an exception is taken pursuant to ORS 197.732 and OAR chapter 660, division 4. A power generation facility may include on-site and off-site facilities for temporary workforce housing for workers constructing a power generation facility. Such facilities must be removed or converted to an allowed use under Subsection 401.05(H)(6) or other statute or rule when the project construction is complete. Temporary workforce housing facilities not included in the initial approval may be considered through a minor amendment request. A minor amendment request shall be subject to Subsection 401.05(A)(1) and shall have no effect on the original approval.
8. Parks, Public, and Quasi-public Uses
   1. Buildings and facilities associated with a site for the takeoff and landing of model aircraft shall not be more than 500 square feet in floor area or placed on a permanent foundation unless the building or facility preexisted the use approved under Subsection 401.05(H)(1). The site shall not include an aggregate surface or hard surface area unless the surface preexisted the use approved under Subsection 401.05(H)(1). An owner of property used for the purpose authorized in Subsection 401.05(H)(1) may charge a person operating the use on the property rent for the property. An operator may charge users of the property a fee that does not exceed the operator’s cost to maintain the property, buildings and facilities. As used in Subsection 401.05(H)(1), "model aircraft" means a small-scale version of an airplane, glider, helicopter, dirigible or balloon that is used or intended to be used for flight and is controlled by radio, lines, or design by a person on the ground.
   2. Public parks including only the uses specified under OAR 660-034-0035 or 660-034-0040, whichever is applicable. A public park may be established consistent with the provisions of ORS 195.120. If the subject property has a local park master plan adopted as part of the Comprehensive Plan, the park is also subject to Section 714, Special Use Overlay District.
   3. A community center may provide services to veterans, including but not limited to emergency and transitional shelter, preparation and service of meals, vocational and educational counseling and referral to local, state or federal agencies providing medical, mental health, disability income replacement and substance abuse services, only in a facility that is in existence on January 1, 2006. The services may not include direct delivery of medical, mental health, disability income replacement or substance abuse services.
   4. "Living History Museum" means a facility designed to depict and interpret everyday life and culture of some specific historic period using authentic buildings, tools, equipment and people to simulate past activities and events. As used in Subsection 401.05(H)(4), a living history museum shall be related to resource based activities and shall be owned and operated by a governmental agency or a local historical society. A living history museum may include limited commercial activities and facilities that are directly related to the use and enjoyment of the museum and located within authentic buildings of the depicted historic period or the museum administration building, if areas other than an exclusive farm use zone cannot accommodate the museum and related activities or if the museum administration buildings and parking lot are located within one quarter mile of an urban growth boundary. "Local historical society" means the local historical society, recognized as such by the county governing body and organized under ORS chapter 65.
   5. A “private park” is an area devoted to low-intensity, outdoor, recreational uses for which enjoyment of the outdoors in an open space, or on land in its natural state, is a necessary component and the primary focus.
   6. A campground is an area devoted to overnight temporary use for vacation, recreational, or emergency purposes, but not for residential purposes. Campgrounds shall not include intensively developed recreational uses such as swimming pools, tennis courts, retail stores, or gas stations.
      1. Except on a lot of record contiguous to a lake or reservoir, private campgrounds shall not be allowed within three miles of an urban growth boundary unless an exception is approved pursuant to ORS 197.732 and OAR chapter 660, division 4.
      2. A campground shall be designed and integrated into the rural agricultural and forest environment in a manner that protects the natural amenities of the site and provides buffers of existing native trees and vegetation or other natural features between campsites.
      3. Campsites may be occupied by a tent, travel trailer, yurt, or recreational vehicle.
      4. Separate sewer, water, or electric service hook-ups shall not be provided to individual campsites except that electrical service may be provided to yurts allowed for by Subsection 401.05(H)(6)(g).
      5. Overnight temporary use in the same campground by a camper or camper’s vehicle shall not exceed a total of 30 days during any consecutive six-month period.
      6. g. A private campground may provide yurts for overnight camping. No more than one-third or a maximum of 10 campsites, whichever is smaller, may include a yurt. The yurt shall be located on the ground or on a wood floor with no permanent foundation. As used in Subsection 401.05(H)(6), "yurt" means a round, domed shelter of cloth or canvas on a collapsible frame with no plumbing, sewage disposal hook-up, or internal cooking appliance.
   7. Golf courses, on land that is not high value farmland, as defined in ORS 195.300, subject to OAR 660-033-0130(20).
9. Nonconforming Uses
   1. Existing facilities wholly within a farm use zone may be maintained, enhanced, or expanded on the same tract, subject to other requirements of law. An existing golf course may be expanded consistent with the requirements of Subsection 401.05(A)(1) and OAR 660-033-0130(20), but shall not be expanded to contain more than 36 total holes.
   2. Notwithstanding ORS 215.283, Section 1206, or any other provision of this Ordinance, a public or private school, including all building essential to the operation of the school, formerly allowed pursuant to ORS 215.283(1)(a), as in effect before January 1, 2010, the effective date of 2009 Oregon Laws, chapter 850, section 14, may be expanded, provided:
      1. The expansion complies with Subsection 401.05(A)(1);
      2. The school was established on or before January 1, 2009;
      3. The expansion occurs on a tax lot:
         1. On which the school was established; or
         2. Contiguous to and, on January 1, 2015, under the same ownership as the tax lot on which the school was established; and
      4. The school is a public or private school for kindergarten through grade 12.
   3. A nonconforming public or private school described in Subsection 401.05(I)(2) may be expanded without regard to:
      1. A maximum capacity of people in the structure or group of structures;
      2. A maximum distance between structures; or
      3. A maximum density of structures per acre.

401.06 Prohibited Uses

Uses of structures and land not specifically permitted are prohibited.

401.07 Dimensional Standards

1. Minimum Lot Size: New lots of record shall be a minimum of 80 acres in size, except as provided in Subsection 401.08. For the purpose of complying with the minimum lot size standard, lots of record with street frontage on County or public road rights-of-way may include the land area between the front lot line and the centerline of the County or public road right-of-way.
2. Minimum Front Setback: 30 feet. 
3. Minimum Side Setback: 10 feet. 
4. Minimum Rear Setback: 30 feet; however, accessory buildings shall have a minimum rear setback of 10 feet. 
5. Modifications: Modifications to the dimensional standards are established by Sections 800, Special Uses; 903, Setback Exceptions; 1107, Property Line Adjustments; and 1205, Variances.

401.08 Land Divisions

1. A land division shall not separate a temporary dwelling for care, relative farm help dwelling, home occupation, or processing facility from the lot of record on which the primary residential or other primary use exists.
2. A land division shall not separate a relative farm help dwelling approved pursuant to Subsection 401.05(C)(8) from the lot of record on which the dwelling of the farm operator exists, except as provided in ORS 215.283(1)(d).
3. A land division shall not separate an accessory dwelling in conjunction with farm use approved pursuant to Subsection 401.05(C)(9) from the lot of record on which the primary farm dwelling exists, except as provided in OAR 660-033-0010(24)(c).
4. A land division of a lot of record created before January 1, 1993, on which a nonfarm dwelling was approved pursuant to ORS 215.284(1) is prohibited.
5. Land divisions are permitted, if consistent with Subsections 1105.01(A) and 1105.12. A land division pursuant to Subsection 401.08(G) shall require review of a Type I application pursuant to Section 1307, Procedures. A land division pursuant to Subsection 401.08 (H), (I), (J), (K), (L), (M) or (N) shall require review of a Type II application pursuant to Section 1307.
6. A land division for nonfarm use under Subsection 401.08(H), (I), (J), (K), (L), or (M) shall not be approved unless any additional tax imposed for the change in use has been paid.
7. 80-Acre Minimum Lot Size Land Divisions: A land division may be approved, if each new lot of record is a minimum of 80 acres in size, as established by Subsection 401.07(A).
8. Nonfarm Use Land Divisions: A land division creating lots of record less than 80 acres in size may be approved for the following nonfarm uses, if the lot of record for the nonfarm use is the minimum size needed to accommodate the use in a manner consistent with other provisions of law:
   1. A fire service facility providing rural fire protection services
   2. Nonfarm uses, except dwellings, set out in ORS 215.283(2); or
   3. If the parcel to be divided is outside an urban or rural reserve established pursuant to OAR chapter 660, division 27, utility facilities necessary for public service set out in ORS 215.283(1)(c). Land that is divided under Subsection 401.08(H)(3) may not later be rezoned for retail, commercial, industrial, or other nonresource use, except as provided under the statewide land use planning goals or under ORS 197.732.
9. Nonfarm Dwelling Land Divisions: New lots of record may be created for dwellings not in conjunction with farm use, subject to the following criteria:
   1. The originating lot of record:
      1. Is 80 acres or larger;
      2. Is not stocked to the requirements under ORS 527.610 to 527.770;
      3. Is composed of at least 95 percent Class VI through VIII soils; and
      4. Is composed of at least 95 percent soils not capable of producing 50 cubic feet per acre per year of wood fiber.
   2. The new lot of record will not be smaller than 20 acres; and
   3. No new lot of record may be created for this purpose unless the dwelling to be sited on the new lot of record has been approved under the requirements for dwellings not in conjunction with farm use in ORS 215.284(4), 215.236, and OAR 660-033-0130(4).
10. Parks/Open Space/Land Conservation Land Divisions: A land division may be approved subject to the following criteria:
    1. The land division shall be for the purpose of allowing a provider of public parks or open space, or a not-for-profit land conservation organization, to purchase at least one of the resulting lots of record;
    2. A lot of record created by the land division that contains a dwelling shall be large enough to support continued residential use of the lot of record.
    3. A lot of record created pursuant to Subsection 401.08(I) that does not contain a dwelling:
       1. Is not eligible for siting a dwelling, except as may be authorized under ORS 195.120;
       2. May not be considered in approving or denying an application for siting any other dwelling;
       3. May not be considered in approving a redesignation or rezoning of forestlands except for a redesignation or rezoning to allow a public park, open space or other natural resource use; and
       4. May not be smaller than 25 acres unless the purpose of the land division is:
          1. To facilitate the creation of a wildlife or pedestrian corridor or the implementation of a wildlife habitat protection plan; or
          2. To allow a transaction in which at least one party is a public park or open space provider, or a not-for-profit land conservation organization, that has cumulative ownership of at least 2,000 acres of open space or park property.
    4. The land division shall comply with Subsection 401.05(A)(1).
    5. The owner of any lot of record not containing a dwelling shall sign and record in the County deed records an irrevocable deed restriction prohibiting the owner and the owner’s successors in interest from pursuing a cause of action or claim of relief alleging an injury from farming or forest practices for which no claim or action is allowed under ORS 30.936 or 30.937.
11. Historic Property Land Divisions: A land division may be approved to create a parcel with an existing dwelling to be used for historic property that meets the requirements of ORS 215.283(1)(L).
12. Residential Home Land Divisions: A land division may be approved to create a parcel with an existing dwelling to be used as a residential home as described in ORS 197.660(2) only if the dwelling has been approved under ORS 215.284(1) or (4).
13. Church Land Divisions: A land division may be approved, subject to the following criteria:
    1. The division is for the purpose of establishing a church, including cemeteries in conjunction with the church;
    2. The church has been approved under ORS 215.283(1);
    3. The newly created lot of record is not larger than five acres; and
    4. The remaining lot of record, not including the church, meets the minimum lot or parcel size described in ORS 215.780 (1) and (2) either by itself or after it is consolidated with another lot of record.
14. Land Divisions Along an Urban Growth Boundary: A division of a lot of record may occur along an urban growth boundary where the parcel remaining outside the urban growth boundary is zoned EFU and is smaller than 80 acres, subject to the following criteria:
    1. If the parcel contains a dwelling, the parcel must be large enough to support continued residential use.
    2. If the parcel does not contain a dwelling, it:
       1. Is not eligible for siting a dwelling, except as may be authorized under ORS 195.120;
       2. iMay not be considered in approving or denying an application for any other dwelling; and
       3. May not be considered in approving a redesignation or rezoning of agricultural lands, except to allow a public park, open space, or other natural resource use.
    3. The owner of any lot of record not containing a dwelling shall sign and record in the County deed records an irrevocable deed restriction prohibiting the owner and the owner’s successors in interest from pursuing a cause of action or claim of relief alleging an injury from farming or forest practices for which no claim or action is allowed under ORS 30.936 or 30.937.

401.09 Approval Period and Time Extension

1. Land Divisions: Approval of an application for a land division is valid for six 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 six-year period, the approval shall be implemented. “Implemented” means the final plat shall be recorded with the County Clerk. If a final plat is not required under ORS chapter 92, deeds with the legal descriptions of the new lots of record shall be recorded with the County Clerk.
2. Replacement Dwellings: Approval of a replacement dwelling pursuant to Subsection 401.05(C)(1) 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 a building or manufactured dwelling placement permit for the replacement dwelling shall be obtained and maintained andconstruction of the replacement dwelling shall have commenced.
3. Lot of Record and Nonfarm Dwellings: 
   1. Approval of a dwelling pursuant to Subsection 401.05(C)(2) or (7) 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 a building or manufactured dwelling placement permit for the dwelling shall be obtained and maintained.
   2. An extension of a permit described in Subsection 401.09(C)(1) is valid for two years provided that the applicant submits a written request for the extension prior to the expiration of the initial approval period. 
   3. A maximum of five additional one-year extensions of a permit shall be approved if:
      1. The applicant makes a written request for the additional extension prior to the expiration of the extension;
      2. The applicable residential development statute has not been amended following the approval of the permit; and
      3. An applicable rule or land use regulation has not been amended following the issuance of the permit, unless allowed by the County, which may require that the applicant comply with the amended rule or land use regulation.
4. Approval of any other application is valid for two 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 two-year period, the approval shall be implemented. 
   1. For a dwelling, “implemented” means a building or manufactured dwelling placement permit for the dwelling shall be obtained and maintained.
   2. For anything other than a dwelling, “implemented” means all major development permits shall be obtained and maintained for the approved land use, or if no major development permits are required to complete the development contemplated by the approved land use application, “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 permit for a new primary structure that was part of the land use approval; or
      2. A permit issued by the County for parking lot or road improvements required by the land use approval.
   3. One extension period of up to 12 months shall be approved if:
      1. An applicant makes a written request for an extension of the development approval period;
      2. The request is submitted to the County prior to the expiration of the approval period;
      3. The applicant states reasons that prevented the applicant from beginning or continuing development within the approval period; and
      4. The County determines that the applicant was unable to begin or continue development during the approval period for reasons for which the applicant was not responsible.
   4. Additional one-year extensions shall be authorized subject to compliance with Subsections 401.09(D)(3)(a) through (d) and where applicable criteria for the decision have not changed.
5. An extension pursuant to Subsection 401.09(C)(3), (D)(3), or (D)(4) requires review as a Type II application pursuant to Section 1307, Procedures. The decision is an administrative decision, is not a land use decision as described in ORS 197.015, and is not subject to appeal as a land use decision.
6. Subsection 401.09(D) overrides any other potentially applicable approval period standard in other sections of this Ordinance except that home occupations and temporary dwellings for care shall be subject to the applicable approval period provisions of Sections 822, Home Occupations, and 1204, Temporary Permits, respectively.

[Amended by Ord. ZDO-224, 05/31/2011; Amended by Ord. ZDO-230, 09/26/2011; Amended by Ord. ZDO-234, 06/07/2012; Amended by Ord. ZDO-241, 01/01/2013; Amended by Ord. ZDO-247, 03/01/2014; Amended by Ord. ZDO-248, 10/13/2014; Amended by Ord. ZDO-254, 01/04/2016; Amended by Ord. ZDO-262, 05/23/2017; Amended by Ord. ZDO-263, 05/23/2017; Amended by Ord. ZDO-264, 08/22/2017; Amended by Ord. ZDO-266, 05/23/2018; Amended by Ord. ZDO-268, 10/02/2018; Amended by Ord. ZDO-276, 10/01/2020; Amended by Ord. ZDO-280, 10/23/2021; Amended by Ord. ZDO-283, 09/05/2023; Amended by Ord. ZDO-286, 11/20/2023; Amended by Ord. ZDO-285, 09/03/2024; Amended by Ord. ZDO-293, 09/08/2026]