Planning and Zoning

1001.01 Purpose

Section 1000, Development Standards, is adopted to implement policies in the Comprehensive Plan that are applicable to new development and thereby ensure that land is:

1. Used efficiently to support broad-based economic development and the adequacy of housing and public services;
2. Developed in an environmentally sustainable and aesthetically appealing manner;
3. Supplied with public facilities sufficient to meet demand; and
4. Served by a safe, convenient, multimodal, and interconnected transportation system.

1001.02 General Standards

1. Redevelopment of a manufactured dwelling park with a different use is subject to Subsection 825.02.
2. A building consisting of only a basement shall not be used as a dwelling.
3. A manufactured dwelling shall not be attached to another dwelling.
4. A manufactured dwelling shall not be allowed as an accessory structure, except where such accessory structure is a dwelling unit permitted by this Ordinance.

1001.03 Applicability

Section 1000 applies to all development, as identified in Table 1001-1, Applicability of Section 1000. If a section is identified as applicable with a "✓" in Table 1001-1, it does not necessarily mean that every subsection within that section will apply; rather, each applicable section must be reviewed to determine which, if any, provisions in that section are applicable to the proposed development.

[Amended by Ord. ZDO-224, 5/31/2011; Amended by Ord. ZDO-231, 1/31/2012; Amended by Ord. ZDO-245, 7/1/2013; Amended by Ord. ZDO-250, 10/13/2014; Amended by Ord. ZDO-266, 5/23/2018; Amended by Ord. ZDO-268, 10/2/2018; Amended by Ord. ZDO-282, 7/1/2022; Amended by Ord. ZDO-285, 9/3/2024; Amended by Ord. ZDO-288, 9/9/2024]
 

Table 1001-1: Applicability of Section 10001

¹Where specific subsections are not identified in this table, an applicable section must be reviewed to determine which provisions in that section apply to the proposed development.

²Stormwater management facilities permitted as an accessory or primary use; utility cabinets that comply with Section 830, Utility Cabinets; utility facilities in road rights-of-way; and utility lines are not subject to Section 1000.

³Level one through three mobile vending units are not subject to Section 1000, except as set forth in Section 837, Mobile Vending Units. 

⁴Subsection 1002.09 also applies to accessory structures.

Last Amended 9/9/2024

704.01 Purpose

Section 704 is adopted to:

1. Maintain the integrity of the rivers and streams in the County by minimizing erosion, promoting bank stability, maintaining and enhancing water quality and fish and wildlife habitat, and preserving scenic quality and recreational potential;
2. Maintain rivers in their natural state to the maximum extent practicable, thereby recognizing their natural, scenic, historic, economic, cultural, and recreational qualities; and
3. Implement the River Design Plans set forth in Chapter 3 of the Comprehensive Plan.

704.02 Definitions

Unless specifically defined in Subsection 704.02, words or phrases used in Section 704 shall be interpreted to give them the same meaning as they have in common usage and to give Section 704 its most reasonable application.

1. Composite Bank Stabilization: A combination of structural and nonstructural bank stabilization methods that includes a revetment of rock with a natural vegetation cover or overlay.
2. 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 any other activity which results in the removal of substantial amounts of vegetation or in the alteration of natural site characteristics.
3. Mean High Water Line: The bank of any river or stream established by the annual fluctuations of water generally indicated by physical characteristics such as a line on the bank, changes in soil conditions, or vegetation line.
4. Nonstructural Bank Stabilization: The placement of natural vegetation—to include a filter fabric if desired—along a shoreline for the primary purpose of bank stabilization.
5. Structural Bank Stabilization: The placement of a manmade, concrete wall or revetment of rock along a shoreline for the primary purpose of bank stabilization.

704.03 Area of Application

1. Section 704 applies to land that is generally within a quarter mile of the mean high water line of the Clackamas, Sandy/Salmon, Molalla/Pudding, Roaring, Tualatin, and Zig Zag Rivers. These lands are classified as Principal River Conservation Areas and are identified on Comprehensive Plan Maps III-1a, Principal River Conservation Area Clackamas River Design Plan, III-1b, Principal River Conservation Area Sandy-Salmon River Design Plan, III-1c, Principal River Conservation Area Molalla River Design Plan, III-1d, Principal River Conservation Area Tualatin River Design Plan, and III-2, Scenic & Distinctive Resource Areas. The location of these rivers may vary from these maps, if more specific information is provided.
2. Section 704 also applies to land that is located within 100 feet of the mean high water line of large Type F streams, except principal rivers identified in Subsection 704.03(A), identified on Water Protection Rule Classification (WPRC) Maps compiled pursuant to OAR 629-635-000 and adopted as part of the Comprehensive Plan. The location of these streams may vary from these maps if more specific information is provided. Classified as Stream Conservation Areas (SCAs), these large streams are designated in the Comprehensive Plan as those that generally have annual average flows of 10 cubic feet per second or greater.
3. Section 704 also applies to land that is located within 70 feet of the mean high water line of medium Type F streams, identified on the WPRC Maps. The location of these streams may vary from these maps if more specific information is provided. Classified as SCAs, these medium streams are designated in the Comprehensive Plan as those that generally have annual average flows of greater than two cubic feet per second and less than 10 cubic feet per second.
4. Section 704 also applies to land that is located within 50 feet of the mean high water line of small Type F streams, identified on the WPRC Maps. The location of these streams may vary from these maps if more specific information is provided. Classified as SCAs, these small streams are designated in the Comprehensive Plan as those that generally have annual average flows of less than two cubic feet per second.
5. The provisions of Section 704 are in addition to those requirements of the State Scenic Waterways Act, Omnibus Oregon Wild and Scenic Rivers Act of 1988, and the Federal Wild and Scenic Rivers Act of 1968. In those areas so designated, the requirements of the County shall be administered subject to the application requirements of Subsection 704.08 and prevail when they are more restrictive than state and federal standards.
6. Notwithstanding Subsections 704.03(A) through (E), Section 704 does not apply to land that is inside the Metropolitan Service District Boundary or the Portland Metropolitan Urban Growth Boundary, nor does it apply to Oregon Department of Fish and Wildlife, or other state or federally approved, fish enhancement projects.

704.04 River and Stream Setbacks

The following minimum setbacks shall apply to structures exceeding 120 square feet or 10 feet in height:

1. Structures shall be located a minimum of 100 feet from the mean high water line of a principal river. This minimum setback may be increased up to 150 feet from the mean high water line to lessen the impact of development. In determining the minimum setback, the following shall be considered:
   1. The size and design of any proposed structures;
   2. The width of the river;
   3. The topography of the land between the site and the river;
   4. The type and stability of the soils;
   5. The type and density of existing vegetation between the site and the river;
   6. Established recreation areas or areas of public access; and
   7. Visual impact of any structures.
2. Structures shall be located a minimum of 100 feet from the mean high water line of a large stream.
3. Structures shall be located a minimum of 70 feet from the mean high water line of a medium stream.
4. Structures shall be located a minimum of 50 feet from the mean high water line of a small stream.

704.05 Setback Exceptions

1. The following uses are exempt from the minimum setback standards of Subsection 704.04:
   1. Residential lots of record where lot depth precludes compliance with the setback standards of Subsection 704.04, provided that:
      1. Structures shall be sited the maximum distance from the mean high water line which meets the setback and other standards of the underlying zoning district; and
      2. The footprint of structures shall not exceed 25 percent of the lot area;
   2. Repairs, additions, alterations to, or replacement of structures, roadways, driveways, or other development, which is located closer to a river or stream than permitted by the setback requirements of Subsection 704.04, provided that such development does not encroach into the setback any more than the existing structures, roadways, driveways, or other development;
   3. Water dependent uses such as private boat docks, marinas, or boat ramps, provided that structures shall be muted earth tones and any structure shall be the minimum size necessary to accommodate the use;
   4. Uses such as roads, bridges, culverts, pipes, and power lines that are necessary for crossing streams, provided they do not create barriers to fish movement and that adverse impacts are mitigated;
   5. Water impoundments, diversions, detention and retention facilities, and hydroelectric facilities; and
   6. Structural, nonstructural, and composite bank stabilization, provided that structural bank stabilization shall only be approved if:
      1. Structural bank stabilization is required to protect existing structures;
      2. Nonstructural bank stabilization will be insufficient to adequately protect existing structures; and
      3. The structural bank stabilization will utilize composite bank stabilization.
2. In addition to the exemptions listed in Subsection 704.05(A), the minimum setback standards of Section 704 may be modified for purposes consistent with the adopted Economic, Social, Environmental, and Energy analyses for the applicable watershed.

704.06 Development Standards

1. The maximum height of a dwelling or a structure accessory to a dwelling shall be 35 feet, if the dwelling or accessory structure can be seen from a principal river.
2. Commercial or industrial facilities, such as structures, parking areas, and storage areas shall comply with Subsection 704.04, and signs shall be screened from view of the Principal River or Stream Conservation Area by an opaque vegetation buffer. These facilities shall be subject to design review, pursuant to Section 1102.
3. Subdivisions and partitions shall be designed, where possible, to allow compliance with Section 704.

704.07 Vegetation Preservation Requirements

1. A minimum of 75 percent of the setback area (distance) shall be preserved with native vegetation.
2. Tree cutting and grading shall be prohibited within the buffer or filter strip, with the following exceptions:
   1. Trees that endanger life or structures may be removed.
   2. Tree cutting and grading may be permitted in conjunction with those uses listed in Subsections 704.05 and 704.06, to the extent necessary to accommodate those uses. Disturbed areas that are outside the footprint of structures and other improvements shall be restored with native vegetation.
   3. Vegetation removal may occur when approved by the Oregon Department of Fish and Wildlife, upon written notification that such removal is required as part of a river or stream enhancement project.
3. Commercial forest activities and harvesting practices outside an urban growth boundary shall be subject to the Oregon Forest Practices Act. Commercial forest harvesting activities inside an urban growth boundary shall be reviewed pursuant to the Forest Policies of the Comprehensive Plan.

704.08 Submittal Requirements

In addition to the submittal requirements identified in Subsection 1307.07(C), an application filed pursuant to Subsection 704.09 shall include:

1. A site plan showing existing vegetation and development, and locations of proposed development or tree-cutting activity;
2. Elevations of any proposed structures;
3. Exterior materials list for any proposed structures, including type and colors of siding and roofing;
4. Cross-section of any area within the vegetative buffer or filter strip where grading, filling, or excavating will occur; and
5. A stream buffer restoration plan showing the location, number, and species of native trees and vegetation to be planted.

704.09 Administration of Section 704

1. Development and tree-cutting activities controlled by Section 704 in a Principal River Conservation Area (PRCA) shall be reviewed to ensure consistency with Section 704. Proposed developments on lands within 150 feet of the mean high water line shall be reviewed through a Type II application pursuant to Section 1307. For lands beyond 150 feet of the mean high water line, notice shall be sent to the U.S. Forest Service and Bureau of Land Management.
2. Development and grading permits in a Stream Conservation Area (SCA) shall be reviewed through a Type II application pursuant to Section 1307.
3. Approval of a PRCA or SCA permit is valid for four years from the date of the final written decision. If the County's final written decision is appealed, the approval period shall commence on the date of the final appellate decision. During this four-year period, the approval shall be implemented, 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 PRCA or SCA permit, "implemented" means all other necessary County development permits (e.g. grading permit, building permit for an accessory structure) shall be obtained and maintained.
      1. A "major development permit" is:
         1. A building or manufactured dwelling placement permit for a new primary structure that was part of the PRCA or SCA permit approval;
            or
         2. A permit issued by the County Engineering Division for parking lot or oad improvements that were part of the PRCA or SCA permit approval.
4. If the approval of a PRCA permit is not implemented within the initial approval period established by Subsection 704.09(C), a two-year time extension may be approved pursuant to Section 1310.

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

IN THE MATTER OF ADOPTING A SET OF BYLAWS AND OPERATING PROCEDURES
FOR THE CLACKAMAS COUNTY DESIGN REVIEW COMMITTEE

The Clackamas County Design Review Committee hereby adopts the following Bylaws and Operating Procedures for the purposes of transacting business and guiding the Design Review Committee in its operation.

ARTICLE I GENERAL

Section 1. EXPLANATION

1. A seven-member Design Review Committee (DRC) has been established by Clackamas County pursuant to the Clackamas County Zoning and Development Ordinance (ZDO). DRC members serve four-year terms, except as provided by the ZDO for the filling of partial terms.
2. The adoption of these Bylaws and Operating Procedures replaces and repeals the Bylaws and Operating Procedures adopted by the Design Review Committee on November 3, 2015.

ARTICLE II RESPONSIBILITIES OF THE DRC

Section 1. RESPONSIBILITIES

1. The DRC shall act as an advisory body on matters pertaining to the design review process established by the ZDO.
2. The DRC shall hold public meetings and take action, as prescribed by state and county laws, on matters that are within the DRC’s purview. The matters within the DRC’s purview are set forth in Sections 1102 and 1307 of the ZDO.
3. The DRC shall adopt and periodically review and amend Bylaws and Operating Procedures for the operation of the DRC’s business.

ARTICLE III OFFICERS

Section 1. OFFICERS

The officers of the DRC shall be a Chair and Vice Chair.

Section 2. ELECTION

1. The Chair and Vice Chair shall be elected at the first meeting in May for a term of one calendar year and shall serve until their successors are elected.
2. Nominations shall be by oral motion. At the close of nominations, the DRC shall vote upon the names nominated for the office. If requested by any member, written ballots shall be used for voting purposes.
3. Election of officers shall be by majority vote of the quorum.
4. If the office of Chair becomes vacant, the Vice Chair shall serve as Chair for the remainder of the unexpired term. If the office of Vice Chair becomes vacant, the DRC shall elect a successor from its membership to serve the remainder of the unexpired term.
5. Members of the DRC holding office at the time of adoption of these Bylaws and Operating Procedures shall continue to hold office for the term for which they were elected and until their successors are elected.
6. The member holding the position of Chair or Vice Chair may be removed from office by majority vote of the whole DRC.

Section 3. CHAIR

1. The Chair shall have the duty and power to:
   1. Preside over all deliberations and meetings of the DRC;
2. Preserve order and decorum at DRC meetings and decide questions of order, subject to action by a majority vote of the quorum;

Section 4. VICE CHAIR

In the absence of the Chair, the Vice Chair shall act as Chair. In the absence of the Chair and the Vice Chair, a temporary Chair shall be elected.

ARTICLE IV RESPONSIBILITIES OF THE PLANNING DIRECTOR

Section 1. RESPONSIBILITIES

1. The Planning Director shall:
   1. Prepare the agenda for all DRC meetings;
   2. Give all notices required by law;
   3. Inform the DRC of correspondence relating to the DRC business and conduct all correspondence of the DRC;
   4. Attend all meetings of the DRC;
   5. On all land use applications to be reviewed by the DRC, present a staff report that includes background material and recommended action;
   6. Compile and maintain all required records.

Section 2 ALTERNATE DESIGNEES

The Planning Director may designate other county staff to fulfill those responsibilities of the Planning Director established by these Bylaws and Operating Procedures.

ARTICLE V MEETINGS

Section 1. REGULAR MEETINGS

Regular meetings of the DRC shall be held on Tuesdays as needed, beginning at 8:00 a.m., or such other time as may be designated by the Planning Director in order to accommodate public meeting items. Any meeting may be cancelled by the Chair or Planning Director. Notice of cancellations shall be given in person or by telephone, email or mail to all members of the DRC and the Planning Director not less than 48 hours in advance thereof. In case of an emergency, a meeting may be cancelled upon such notice as is appropriate in the circumstances; provided, however, that reasonable effort is made to notify all members of the DRC.

Section 2. SPECIAL MEETINGS

Special meetings may be called by the Chair or Planning Director. Notice of all special meetings shall be given in person or by telephone, email or mail to all members of the DRC and the Planning Director not less than 48 hours in advance thereof. In case of an emergency, a special meeting may be held upon such notice as is appropriate in the circumstances; provided, however, that reasonable effort is made to notify all members of the DRC.

Section 3. OPEN MEETINGS

All DRC meetings shall be publicized in advance of the meeting date and are subject to the Oregon Public Meetings Law, Oregon Revised Statutes 192.610 et seq.

Section 4. AGENDA: ORDER OF BUSINESS

1. The order of business at all meetings shall be determined by the agenda, which shall generally include the following items:
   1. Call to order;
   2. Review of land use application(s);
   3. Other business;
   4. Planning Director communications;
   5. Adjournment.
2. Any item may be taken out of order by direction of the Chair.
3. The DRC may take a short recess at the end of an item on the agenda, or at other times at the discretion of the Chair.
4. Actions of the DRC are not limited to the prepared agenda.

Section 5. PUBLIC MEETING PROCEDURE

1. Public meetings for the consideration of a land use application shall be conducted in the following manner, as closely as possible:
   1. The meeting is opened;
   2. The Chair makes an introductory presentation regarding the nature of the proposal and the process for conducting the meeting;
   3. The Planning Director makes a presentation, including background and recommendation;
   4. Correspondence turned in at the meeting and concerning the public meeting item may be read into the record by the Planning Director, if requested by the Chair, and shall be made part of the written record by the Planning Director;
   5. As a supplement to the Planning Director’s presentation, technical information may be provided by other government officials;
   6. The applicant, or representative, may present the application;
   7. A discussion about the application may occur between HRB members, the applicant (or representative) and the Planning Director, wherein questions may be asked, suggestions made and opinions offered regarding the merits of the application and its compliance with relevant county approval criteria;
   8. The DRC takes the item up for discussion and action. The Planning Director may continue to respond to questions from the DRC and participate in the discussion.

Section 6. ATTENDANCE

If a member of the DRC is unable to attend a meeting, he or she is expected to notify the Chair or Planning Director. Continuity is necessary for effective operation of the DRC. Therefore, if—without reasonable cause—any member is absent from six meetings within one calendar year or three consecutive meetings, then upon majority vote of the whole DRC, that position shall be declared vacant. The DRC shall forward their action to the Board of County Commissioners, who shall fill the vacant position.

Section 7. QUORUM

For any item requiring a DRC vote, attendance of a majority of the DRC members shall be necessary for a quorum. Attendance may be in person or by teleconference. No action shall be taken in the absence of a quorum except to adjourn the meeting and to continue the meeting to a time and place certain. Work sessions may be held in the absence of a quorum.

Section 8. VOTING

1. The Chair may entertain but shall not make or second motions.
2. Except as provided by state or county law or these Bylaws and Operating Procedures, each member of the DRC is entitled to vote on all matters, at all meetings of the DRC.
3. Unless otherwise specified herein, a majority of the quorum is necessary to determine any question before the DRC.
4. When a matter is called for a vote, the Chair shall, before a vote is taken, restate the motion or ask another member or the Planning Director to restate the motion. The Chair shall announce the decision of the DRC after such a vote.
5. Voting shall be by voice vote, or by show of hands or roll call vote at the request of any member.
6. Voting “in absentia” or by proxy is not permitted. However, if a member attends by teleconference, voting may occur through this medium.
7. A motion to reconsider can be made only at the same meeting the vote to be reconsidered was taken. Further, a motion to reconsider may only be made by a member who voted on the prevailing side of the issue.
8. For land use applications where the DRC makes a recommendation to the Planning Director, the DRC may recommend approval, approval with conditions or denial of the application.

Section 9. RULES OF PROCEDURE

All rules of order not herein provided for shall be determined in accordance with the latest edition of “Robert’s Rules of Order Newly Revised.”

Section 10. RECORDINGS

1. The Planning Director shall provide for the sound, video or digital recording of the proceedings of all DRC public meetings.

ARTICLE VI PUBLICATION AND AMENDMENT OF BYLAWS AND OPERATING PROCEDURES

Section 1. PUBLICATION AND DISTRIBUTION

A copy of these approved Bylaws and Operating Procedures shall be:

1. Placed on record with the Planning Director;
2. Available at each DRC meeting;
3. Distributed to each member of the DRC at the beginning of their term; and
4. Available to the public upon request.

Section 2. AMENDMENT AND SUSPENSION

1. These approved Bylaws and Operating Procedures may be amended by majority vote of the quorum .
2. Any rule of procedure not required by law may be suspended temporarily at any meeting by majority vote of the quorum.

ARTICLE VII EFFECTIVE DATE

These Bylaws and Operating Procedures shall take effect on June 1, 2016.

Adopted by majority vote of the quorum of the DRC of Clackamas County, Oregon at its meeting of April 19, 2016, and signed by the members in authentication of its adoption this ____ day of ___, 2016.

CLACKAMAS COUNTY DESIGN REVIEW COMMITTEE

Rita Baker, Chair

Dave Humber, Vice Chair

Todd Iselin

Cedomir Jesic

Dwight Mason

Darrel Mulch

Elizabeth Thorstenson

ARTICLE I: GENERAL

Section 1. EXPLANATION

1. A seven-member Historic Review Board (HRB) has been established by Clackamas County pursuant to the Clackamas County Zoning and Development Ordinance (ZDO). HRB members serve four-year terms, except as provided by the ZDO for the filling of partial terms.
2. The adoption of these Bylaws and Operating Procedures replaces and repeals the Bylaws and Operating Procedures adopted by the HRB on September 10, 2015.

ARTICLE II: RESPONSIBILITIES OF THE HRB

Section 1. RESPONSIBILITIES

1. The HRB shall act as an advisory body on matters pertaining to the Historic Landmark, Historic District, and Historic Corridor overlay zoning district established by theZDO.
2. The HRB shall hold public meetings and take action, as prescribed by state and county laws, on matters that are within the HRB’s purview. The matters within the HRB’s purview are set forth in Sections 707 and 1307 of the ZDO.
3. The HRB shall adopt and periodically review and amend Bylaws and Operating Procedures for the operation of the HRB’s business.

ARTICLE III: OFFICERS

Section 1. OFFICERS

The officers of the HRB shail be a Chair and Vice Chair.

Section 2. ELECTION

1. The Chair and Vice Chair shall be elected at the first meeting in May for a term of one calendar year and shall serve until their successors are elected.
2. Nominations shall be by oral motion. At the close of nominations, the HRB shall vote upon the names nominated for the office. If requested by any member, written ballots shall be used for voting purposes.
3. Election of officers shall be by majority vote of the quorum.
4. If the office of Chair becomes vacant, the Vice Chair shall serve as Chair for the remainder of the unexpired term. If the office of Vice Chair becomes vacant, the HRB shall elect a successor from its membership to serve the remainder of the unexpired term.
5. Members of the HRB holding office at the time of adoption of these Bylaws and Operating Procedures shall continue to hold office for the term for which they were elected and until their successors are elected.
6. The member holding the position of Chair or Vice Chair may be removed from office by majority vote of the whole HRB.

Section 3. CHAIR

1. The Chair shall have the duty and power to:
   • Preside over all deliberations and meetings of the HRB;
   • Preserve order and decorum at HRB meetings and decide questions of order, subject to action by a majority vote of the quorum.

Section 4. VICE CHAIR

In the absence of the Chair, the Vice Chair shall act as Chair. In the absence of the Chair and the Vice Chair, a temporary Chair shall be elected.

ARTICLE IV: RESPONSIBILITIES OF THE PLANNING DIRECTOR

Section 1. RESPONSIBILITIES

1. The Planning Director shall:
   • Prepare the agenda and minutes for all HRB meetings;
   • Give all notices required by law;
   • Inform the HRB of correspondence relating to the HRB business and conduct all correspondence of the HRB;
   • Attend all meetings of the HRB;
   • On all land use applications to be reviewed by the HRB, present a staff report that includes background material and recommended action;
   • Compile and maintain ali required records.

Section 2 ALTERNATE DESIGNEES

The Planning Director may designate other county staff to fulfill those responsibilities of the Planning Director established by these Bylaws and Operating Procedures.

ARTICLE V: MEETING

Section 1: REGULAR MEETINGS

Regular meetings of the HRB shall be held on the second Thursday of the month as needed, except on an official county holiday, beginning at 7:00 p.m., or such other time as may be designated by the Planning Director in order to accommodate public meeting items. Any meeting may be cancelled by the Chair or Planning Director. Notice of cancellations shall be given in person or by telephone, email or mail to all members of the HRB and the Planning Director not less than 48 hours in advance thereof. In case of an emergency, a meeting may be cancelled upon such notice as is appropriate in the circumstances; provided, however, that reasonable effort is made to notify all members of the HRB.

Section 2: SPECIAL MEETINGS

Special meetings may be called by the Chair or Planning Director. Notice of all special meetings shall be given in person or by telephone, email or mail to all members of the HRB and the Planning Director not less than 48 hours in advance thereof. In case of an emergency, a special meeting may be held upon such notice as is appropriate in the circumstances; provided, however, that reasonable effort is made to notify all members of the HRB.

Section 3: OPEN MEETINGS

All HRB meetings shall be publicized in advance of the meeting date and are subject to the Oregon Public Meetings Law, Oregon Revised Statutes (ORS) 192.610 et seq.

Section 4: AGENDA: ORDER OF BUSINESS

1. The order of business at all meetings shall be determined by the agenda, which shall generally include the following items:
   • Call to order;
   • Minutes of previous meetings;
   • Review of land use application(s); Effective 6/1/16 4. 5. 6. Other business; Planning Director communications; Adjournment.
2. Any item may be taken out of order by direction of the Chair.
3. The HRB may take a short recess at the end of an item on the agenda, or at other times at the discretion of the Chair.
4. Actions of the HRB are not limited to the prepared agenda.
5. HRB meetings will end no later than 10:00 p.m., unless by majority vote of the quorum, the meeting is extended.

Section 5. PUBLIC MEETING PROCEDURE

1. Public meetings for the consideration of a land use application shall be conducted in the following manner, as closely as possible:
   1. The meeting is opened;
   2. The Chair makes an introductory presentation regarding the nature of the proposal and the process for conducting the meeting;
   3. The Planning Director makes a presentation, including background and recommendation;
   4. Correspondence turned in at the meeting and concerning the public meeting item may be read into the record by the Planning Director, if requested by the Chair, and shall be made part of the written record by the Planning Director;
   5. As a supplement to the Planning Director’s presentation, technical information may be provided by other government Officials;
   6. The applicant, or representative, may present the application;
   7. A discussion about the application may occur between HRB members, the applicant (or representative) and the Planning Director, wherein questions may be asked, suggestions made and opinions offered regarding the merits of the application and its compliance with relevant county approval criteria;
   8. The HRB takes the item up for discussion and action. The Planning Director may continue to respond to questions from the HRB and participate in the discussion.

Section 6. ATTENDANCE

If a member of the HRB is unable to attend a meeting, he or she is expected to notify the Chair or Planning Director. Continuity is necessary for effective operation of the HRB. Therefore, if—without reasonable cause—any member is absent from six meetings within one calendar year or three consecutive meetings, then upon majority vote of the whole HRB, that position shall be declared vacant. The HRB shall forward their action to the Board of County Commissioners, who shall fill the vacant position.

Section 7. QUORUM

For any item requiring a HRB vote, attendance of a majority of the HRB members shall be necessary for a quorum. No action shall be taken in the absence of a quorum except to adjourn the meeting and to continue the meeting to a time and place certain. Work sessions may be held in the absence of a quorum.

Section 8. VOTING

1. The Chair may entertain but shall not make or second motions.
2. Except as provided by state or county Jaw or these Bylaws and Operating Procedures, each member of the HRB is entitled to vote on all matters, at all meetings of the HRB.
3. Unless otherwise specified herein, a majority of the quorum is necessary to determine any question before the HRB.
4. When a matter is called for a vote, the Chair shall, before a vote is taken, restate the motion or ask another member or the Planning Director to restate the motion. The Chair shail announce the decision of the HRB after such a vote.
5. Voting shall be by voice vote, or by show of hands or roll call vote at the request of any member. All votes, whether positive, negative, or abstentions, shall be recorded in the minutes.
6. Voting “in absentia” or by proxy is not permitted.
7. A motion to reconsider can be made only at the same meeting the vote to be reconsidered was taken. Further, a motion to reconsider may only be made by a member who voted on the prevailing side of the issue.
8. For land use applications where the HRB makes a recommendation to the Board of County Commissioners or the Planning Director, the HRB may recommend approval, approval with conditions or denial of the application.

Section 9. RULES OF PROCEDURE

All rules of order not herein provided for shall be determined in accordance with the latest edition of “Robert’s Rules of Order Newly Revised.”

Section 10. MINUTES

1. The Planning Director shall prepare written minutes of each HRB public meeting, giving a true reflection of the matters discussed at the meeting and the view of the participants.
2. Minutes shall be available to the public, upon request, within a reasonable time after a meeting. Minutes shall include the following:
   • Members present;
   • Motions, proposals, measures proposed and their disposition;
   • Results of all votes, including the vote of each member by name;
   • Substance of any discussion on any matter; and
   • Subject to ORS 192.410 to 192.505 relating to public records, a reference to any document discussed at the meeting.
3. HRB members are expected to vote for approval of the minutes based on the accuracy of representation of events at the meeting. A vote in favor of adopting minutes does not signify agreement or disagreement with the HRB’s actions memorialized in the minutes.
4. Any HRB member not present at a meeting must abstain from voting on approval of the minutes of that meeting.

ARTICLE VI: PUBLICATION AND AMENDMENT OF BYLAWS AND OPERATING PROCEDURES

Section 1. PUBLICATION AND DISTRIBUTION

A copy of these approved Bylaws and Operating Procedures shall be:

1. Placed on record with the Planning Director;
2. Available at each HRB meeting;
3. Distributed to each member of the HRB at the beginning of their term;
4. Available to the public upon request.

Section 2. AMENDMENT AND SUSPENSION

1. These approved Bylaws and Operating Procedures may be amended by majority vote of the quorum.
2. Any rule of procedure not required by law may be suspended temporarily at any meeting by majority vote of the quorum.

ARTICLE VII: EFFECTIVE DATE

These Bylaws and Operating Procedures shall take effect on June 1, 2016.

Adopted by majority vote of the quorum of the HRB of Clackamas County, Oregon at its meeting of April 21, 2016, and signed by the members in authentication of its adoption this Al day of , 2016.