Planning and Zoning

315 Urban Low Density Residential (R-2.5, R-5, R-7, R-8.5, R-10, R-15, R-20, and R-30), Village Standard Lot Residential (VR-5/7), Village Small Lot Residential (VR-4/5), Village Townhouse (VTH), Planned Medium Density Residential (PMD), Medium Density Residential (MR-1), Medium High Density Residential (MR-2), High Density Residential (HDR), Village Apartment (VA), Special High Density Residential (SHD), and Regional Center High Density Residential (RCHDR) Districts

315.01 Purpose

Section 315 is adopted to implement the policies of the Comprehensive Plan for Low Density Residential, Village Standard Lot Residential, Village Small Lot Residential, Village Townhouse, Medium Density Residential, Medium High Density Residential, High Density Residential, Special High Density Residential, Village Apartment, and Regional Center High Density Residential areas.

315.02 Applicability

Section 315 applies to land in the Urban Low Density Residential (R-2.5, R-5, R-7, R-8.5, R-10, R-15, R-20, and R-30), Village Standard Lot Residential (VR-5/7), Village Small Lot Residential (VR-4/5), Village Townhouse (VTH), Planned Medium Density Residential (PMD), Medium Density Residential (MR-1), Medium High Density Residential (MR-2), High Density Residential (HDR), Village Apartment (VA), Special High Density Residential (SHD), and Regional Center High Density Residential (RCHDR) Districts, hereinafter collectively referred to as the urban residential zoning districts.

315.03 Uses permitted

1. Uses permitted in each urban residential zoning district are listed in Table 315-1, Permitted Uses in the Urban Residential Zoning Districts. Uses not listed are prohibited, except:
   1. In the PMD District, uses similar to one or more of the listed uses for the PMD District may be authorized pursuant to Section 106, Authorizations of Similar Uses; and
   2. In the HDR, SHD, and RCHDR Districts, uses similar to one or more of the listed limited uses for the applicable zoning district may be authorized pursuant to Section 106.
2. As used in Table 315-1:
   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 is developed on the same site.
   4. "C" means the use is a conditional use, approval of which is subject to Section 1203, Conditional Uses.
   5. "CPUD" means the use is allowed as a conditional use in a planned unit development.
   6. "X" means the use is prohibited.
   7. Numbers in superscript correspond to the notes that follow Table 315-1.
3. Permitted uses are subject to the applicable provisions of Subsection 315.04, Dimensional and Building Design Standards; Section 1000, Development Standards; and Section 1100, Development Review Process.

315.04 Dimensional and Building Design Standards

A. General:  Dimensional and building design standards applicable in the urban residential zoning districts are listed in Tables 315-2, Dimensional and Building Design Standards in the Urban Low Density Residential Zoning Districts; 315-3, Dimensional and Building Design Standards in the VR-4/5, VR-5/7, and VTH Districts; and 315-4, Dimensional Standards in the PMD, MR-1, MR-2, HDR, VA, SHD, and RCHDR Districts. As used in Tables 315-2 through 315-4, numbers in superscript correspond to the notes that follow each table.

Modifications:  Modifications to the standards in Tables 315-2 through 315-4 are established by Sections 800, Special Use Requirements; 904, Height Exceptions; 1012, Lot Size and Density; 1107, Property Line Adjustments; and 1205, Variances. Except in the HDR, SHD, and RCHDR Districts, modifications to the standards in these tables also are established by Section 903, Setback Exceptions.

Table 315-1:  Permitted Uses in the Urban Residential Zoning Districts

1. The limited use is permitted subject to the following criteria:
   1. The use shall be allowed only in a development meeting the minimum residential density for the entire site area.
   2. The building floor area occupied by all limited uses shall not exceed 15 percent of the building floor area occupied by primary uses.
   3. No outdoor storage of materials associated with the use shall be allowed.
   4. The use shall not be of a type or intensity which produces odor, smoke, fumes, noise, glare, heat, or vibration which are detectable outside of the premises and are incompatible with primary uses.
2. The use shall be developed in conjunction with a primary use on the same site, which is developed at the maximum allowed density for the site area.
3. The limited use is permitted subject to the following criteria:
   1. The use shall be allowed only in a development meeting the minimum residential density for the entire site area.
   2. No outdoor storage of materials or display of merchandise associated with the use shall be allowed.
4. The limited use is permitted subject to the following criteria:
   1. The use shall be part of a development within a Design Plan area.
   2. The use shall be allowed only in a development meeting the minimum residential density for the entire site area.
   3. The building floor area occupied by all limited uses shall not exceed 10 percent of the building floor area occupied by primary uses. No single limited commercial use shall occupy more than 1,500 square feet of building floor area.
   4. Allowing the use will not adversely impact the livability, value, and appropriate development of the site and abutting properties considering the location, size, design, and operating characteristics of the use.
   5. No outdoor storage of materials associated with the use shall be allowed.
   6. The use shall not be of a type or intensity which produces odor, smoke, fumes, noise, glare, heat, or vibration which are detectable outside of the premises and are incompatible with primary uses.
5. The use shall be developed in conjunction with a primary use on the same site, which is developed at the maximum allowed density for the site area. The building floor area occupied by all limited uses, and by all conditional uses that are subject to Note 6, shall not exceed 10 percent of the building floor area occupied by primary uses.
6. 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.
7. Except as allowed by Section 839, Accessory Dwelling Units, or Section 1204, Temporary Permits, each lot of record may be developed with only one of the following: cottage cluster development, detached single-family dwelling, duplex, manufactured home, prefabricated structure, quadplex, single room occupancy, townhouse, or triplex.
8. The development of a triplex, quadplex, townhouse, or cottage cluster is subject to Section 845, Triplexes, Quadplexes, Townhouses, and Cottage Clusters.
9. A manufactured dwelling park that also qualifies as a cottage cluster development pursuant to Section 845, Triplexes, Quadplexes, Townhouses, and Cottage Clusters, is a primary use. All other manufactured dwelling parks are conditional uses.
10. A manufactured dwelling park that also qualifies as a cottage cluster development pursuant to Section 845, Triplexes, Quadplexes, Townhouses, and Cottage Clusters, is a primary use. All other manufactured dwelling parks are prohibited.
11. A single room occupancy shall contain a maximum of six units.
12. For a townhouse, the minimum lot size is 3,630 square feet in the MR-1 District and 2,420 square feet in the MR-2 District unless, as part of an application filed pursuant to Section 1105, Subdivisions, Partitions, Replats, Condominium Plats, and Vacations of Recorded Plats, new lots or parcels are proposed for townhouses. In that case, there is no minimum lot size provided that the density of the entire development complies with the maximum density standards of Subsection 1012.05.
13. Only indoor facilities are permitted.
14. Uses similar to this use may be authorized pursuant to Section 106, Authorizations of Similar Uses.
15. A use may be permitted as a home occupation, subject to Section 822, Home Occupations, even if such use is also identified in another use listing in Table 315-1.
16. Hotels in the SHD District are limited to a maximum of 80 units per gross acre.
17. An accessory kitchen is permitted only in a townhouse, a detached single-family dwelling, a manufactured home, or a prefabricated structure, to the extent that these dwelling types are permitted in the applicable zoning district. Only one accessory kitchen is permitted in each townhouse, detached single-family dwelling, manufactured home, or prefabricated structure.
18. The base of such towers shall not be closer to the property line than a distance equal to the height of the tower.
19. This use may include concessions, restrooms, maintenance facilities, and similar support uses.
20. Any principal building, swimming pool, or use shall be located a minimum of 45 feet from any other lot in a residential zoning district.
21. Any principal building or swimming pool shall be located a minimum of 30 feet from any other lot in a residential zoning district.
22. Recyclable drop-off sites are permitted only if accessory to an institutional use.
23. The use is subject to the following standards and criteria:
    1. The use shall be located in a planned unit development (PUD) with a minimum of 100 dwelling units. No building permit for the use shall be issued until a minimum of 100 dwelling units are constructed within the PUD.
    2. The area occupied by all uses subject to Note 22 and located in a single PUD, including their parking, loading, and maneuvering areas, shall not exceed a ratio of one-half acre per 100 dwelling units in the PUD.
    3. The use shall be an integral part of the general plan of development for the PUD and provide facilities related to the needs of residents of the PUD.
    4. The use shall be located, designed, and operated to efficiently serve frequent trade and service needs of residents of the PUD and not persons residing elsewhere.
    5. The use shall not, by reason of its location, construction, manner or hours of operation, signs, lighting, parking arrangements, or other characteristics, have adverse effects on residential uses within or adjoining the PUD.
24. Only commercial schools are permitted, and such schools are not subject to Section 805, Schools.
25. This use is prohibited in a recreational vehicle established pursuant to Section 847, Recreational Vehicles as Second Dwellings, and in the primary dwelling on the same lot of record as the recreational vehicle.
26. Temporary signs regulated under Subsection 1010.13(A) are a primary use.
27. 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).
28. Utility cabinets are a primary use if they comply with Section 830, Utility Cabinets, or if they are inside a road right-of-way.
29. Except for hydroelectric facilities and telephone exchanges, utility facilities shall not include shops, garages, or general administrative offices.
30. Utility lines are a conditional use only if they are gas transmission lines or electric transmission lines.

Table 315-2:  Dimensional and Building Design Standards in the Urban Low Density Residential Zoning Districts

1. The minimum lot size standards apply as established by Sections 1012 and 1107. Notwithstanding the minimum lot size standard, a lot of record may be developed subject to other applicable standards of this Ordinance, except minimum lot size standards of Section 800 apply.
2. In a planned unit development, there is no minimum lot size. However, the DLA standard applies pursuant to Section 1012, Lot Size and Density.
3. For townhouses developed pursuant to Section 845, Triplexes, Quadplexes, Townhouses, and Cottage Clusters, there is no minimum lot size and the DLA shall be one-third of the DLA.
4. For townhouses developed pursuant to Section 845, Triplexes, Quadplexes, Townhouses, and Cottage Clusters, there is no minimum lot size and the DLA shall be one-quarter of the DLA in the applicable zoning district.
5. Maximum lot coverage in a planned unit development is 65 percent.
6. For development on a middle housing lot, the lot coverage is calculated on the entire parent lot that was divided through a middle housing land division.
7. For a swimming pool that is accessory to a dwelling, the minimum front setback is 10 feet, and the minimum side and rear setbacks are three feet.
8. In 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. In a zero-lot-line development, approved pursuant to Subsection 1105.03(B), there are no minimum rear and side setbacks for detached single-family dwellings, manufactured homes, prefabricated structures, single room occupancies, and structures accessory to such dwellings, except from rear and side lot lines on the perimeter of the final plat. Where either of these standards applies, it supersedes any other rear or side setback standard in Table 315-2.
9. Except for townhouses, setbacks for structures on a middle housing lot shall continue to be measured from the lot lines of the parent lot that was divided through the middle housing land division..
10. The following exceptions apply to a lot of record that is 6,000 square feet or less in area and was created prior to the application of an Urban Low Density Residential District to the subject lot of record:
    1. The minimum rear setback for a detached single-family dwelling, duplex, manufactured home, prefabricated structure, or single room occupancy is 10 feet.
    2. The minimum side setback for a detached single-family dwelling, duplex, manufactured home, prefabricated structure, or single room occupancy is a total of five feet (e.g., five feet from one side lot line and zero from the other, three feet from one side lot line and two feet from the other) except that if the subject lot of record has more than two side lot lines, the minimum side setback from each of the additional side lot lines is five feet.
11. If an accessory building is located behind the building line of the main building, the applicable minimum rear and side setback standards for that accessory building are based on the accessory building area and accessory building height, as follows:

12. These building design standards do not apply to temporary dwellings approved pursuant to Section 1204, Temporary Permits, or to manufactured homes or prefabricated structures in manufactured dwelling parks.

Table 315-3: Dimensional and Building Design Standards in the VR-5/7, VR-4/5, and VTH Districts

General Standards

Standards for Primary Dwellings

Standards for Buildings Accessory to a Dwelling

Minimum Rear and Side Setback Standards for Buildings Accessory to a Primary Dwelling in the VR-5/7, VR-4/5, and VTH Districts^10,20

¹ The minimum and maximum lot size standards apply as established by Sections 1012 and 1107. Notwithstanding the minimum and maximum lot size standards, a lot of record may be developed subject to other applicable standards of this Ordinance, except minimum lot size standards of Section 800 apply.

² For townhouses developed pursuant to Section 845, Triplexes, Quadplexes, Townhouses, and Cottage Clusters, there is no minimum lot size and the DLA shall be one-third of the DLA.

³ The minimum and maximum lot size standards apply only to lots or parcels for townhouses.

⁴ The maximum lot size standard applies only to lots or parcels for detached single-family dwellings, manufactured homes, prefabricated structures, single room occupancies, or middle housing, except the maximum lot size standard does not apply to a middle housing land division.

⁵ Alternatively, the average size of all lots in a subdivision, partition, or replat shall not exceed 6,500 square feet.

⁶ Alternatively, the average size of all lots in a subdivision, partition, or replat shall not exceed 5,000 square feet.

⁷ Alternatively, the average size of all lots in a subdivision, partition, or replat shall not exceed 2,500 square feet.

⁸ For development on a middle housing lot, the lot coverage is calculated on the entire parent lot that was divided through a middle housing land division.

⁹ Except for middle housing developed pursuant to Section 845, Triplexes, Quadplexes, Townhouses, and Cottage Clusters, development on lots in the plat of Sieben Creek Estates (plat no. 3039) is not required to comply with this standard.

¹⁰ A recessed garage or carport is a garage or carport with a front setback to the garage door or carport motor vehicle entry that is a minimum of five feet greater (i.e., farther from the front lot line) than the front setback to the facade of the primary dwelling living area (not including porches, patios, bays, and architectural features). 

¹¹ A non-recessed garage or carport shall have a front setback to the garage door or carport motor vehicle entry that is a maximum of five feet less (i.e., closer to the front lot line) than the front setback to the facade of the primary dwelling living area (not including porches, patios, bays, and architectural features).

¹² The minimum and maximum setback standards do not apply in a Resource Protection Area shown on Comprehensive Plan Map X-SV-1, Sunnyside Village Plan Land Use Plan Map. The maximum setback standards do not apply to cottage clusters developed pursuant to Section 845, Triplexes, Quadplexes, Townhouses, and Cottage Clusters.

¹³ On a middle housing lot, there are no minimum setbacks, except from lot lines on the perimeter of the final plat or lot lines abutting a road or access drive.

¹⁴ A porch or patio, whether covered or not, may extend a maximum of four feet into the minimum front yard depth.

¹⁵ Frontage on an accessway shall be considered a front lot line.

¹⁶ On a corner lot, the minimum setback from one front lot line is eight feet, provided that the lot line abuts a road with a functional classification of local or connector.

¹⁷ Awnings, porches, bays, and overhangs may extend a maximum of four feet into the minimum front setback.

¹⁸ If a public utility easement precludes compliance with the maximum front setback standard, the maximum shall be as close to the front lot line as possible.

¹⁹ Dwellings located on lots with less than 35 feet of street frontage shall be exempt from the maximum front setback standard.

²⁰ If a lot has more than one front lot line, compliance with the maximum front setback standard is required from only two intersecting front lot lines.

²¹ In 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. Where this standard applies, it supersedes any other rear or side setback standard in Table 315-3.

²² Frontage on a pedestrian connection shall be considered a side lot line.

²³ For triplexes, quadplexes, and townhouses developed pursuant to Section 845, Triplexes, Quadplexes, Townhouses, and Cottage Clusters, design standards in Section 845 shall apply in addition to standards in Table 315-3.

²⁴ The maximum building height standard applies only to accessory buildings larger than 100 square feet.

²⁵ A garage may be required to be recessed, as defined by Note 11, in order to comply with the standard for garage/carport design for primary dwellings.

²⁶ Frontage on a pedestrian connection shall be considered a side lot line, and the minimum setback is five feet.

²⁷ If the rear lot line abuts an alley, a second-story accessory dwelling unit may cantilever a maximum of four feet into the minimum rear setback.

Table 315-4:  Dimensional Standards in the PMD, MR-1, MR-2, HDR, VA, SHD, and RCHDR Districts

¹ The minimum lot size for a lot developed with a detached single-family dwelling classified as a nonconforming use is 3,630 square feet.

² The minimum lot size for a lot developed with a detached single-family dwelling classified as a nonconforming use is 2,420 square feet.

³ For a swimming pool that is accessory to a dwelling, the minimum front setback is 10 feet.

⁴ On a corner lot developed with a townhouse, the minimum front setback from one front lot line is 10 feet, except that the minimum shall be 20 feet to garage and carport motor vehicle entries.

⁵ The minimum setback standards of Table 315-2, Dimensional and Building Design Standards in the Urban Low Density Residential Districts, apply to detached single-family dwellings that are nonconforming uses, as well as to structures that are accessory to such dwellings.

⁶ If the front or rear lot line abuts Sunnyside Road, the minimum setback shall be 65 feet from the centerline of Sunnyside Road, and the maximum setback shall be 75 feet from the centerline of Sunnyside Road. 

⁷ Awnings, porches, and bays may extend a maximum of six feet into the minimum setback.

⁸ For dwellings and structures accessory to dwellings, the minimum front setback shall be 15 feet, and there shall be no maximum setback. However, Note 8 does not apply to mixed-use buildings that include dwellings or to structures accessory to such mixed-use buildings.

⁹ The maximum setback may be exceeded to accommodate plazas identified on Comprehensive Plan Map X-CRC-3, Clackamas Regional Center Area Design Plan Urban Design Elements.

¹⁰ In 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. Where this standard applies, it supersedes any other rear or side setback standard in Table 315-4.

¹¹ For a swimming pool that is accessory to a dwelling, the minimum side and rear setbacks are five feet, unless the side or rear lot line abuts an Urban Low Density Residential, VR-4/5, or VR-5/7 District, in which case the minimum setback shall be 15 feet from the abutting lot line.

¹² The minimum rear and side setback standards for an accessory building are based on the building area and height, as follows:

¹³ If the rear lot line abuts a residential zoning district other than HDR, SHD, or RCHDR, the minimum rear setback is 20 feet.

¹⁴ If the side lot line abuts an Urban Low Density Residential, VR-5/7, or VR-4/5 District, the minimum side setback for a two-story building is 10 feet.

¹⁵ The minimum side setback for a townhouse is five feet from any side lot line where two townhouses do not share a common wall.

¹⁶ If the side lot line abuts a residential zoning district other than HDR, SHD, or RCHDR, the minimum side setback is 15 feet.

[Added by Ord. ZDO-249, 10/13/2014; Amended by Ord. ZDO-250, 10/13/2014; 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-282, 7/1/2022; 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-285, 9/3/2024; Amended by Ord. ZDO-288, 9/9/2024]

201.01 Purpose

The terms in Section 202, General Definitions, are hereby defined for the purpose of clarifying the provisions of this Ordinance.

201.02 Interpretations

When not inconsistent with the context, all words used in the present tense include the future. The singular number includes the plural and the plural, the singular. The word "structure" includes building. The word "use" includes designed or intended to be used. The word "person" may mean "persons", "association", "firm", "co-partnership", or "corporation". The word "shall" is always mandatory.

1. The sign area does not exceed 30 square feet;
    
   1. The sign does not exceed five feet in height; and
       
   2. Architectural features may be added to the sign structure provided the sign area and height are not increased by more than one-third of the above requirements.
       
2. Road Signs: If interior circulation roads are named, directional signs to various uses within the development may be included on the road signs.

[Amended by Ord. ZDO-283, 9/5/23]

106.01 Purpose and Applicability

Section 106 is adopted to provide standards, criteria, and procedures under which anauthorization of a similar use may be approved.

1. The sections of this Ordinance that regulate individual zoning districts identify theuses permitted in those districts. In some cases, those sections also provide thatan authorization of a similar use may be approved to allow a use that is notidentified as permitted. In the absence of such a provision, Section 106 does not apply.
2. An authorization of a similar use is not a site-specific application, but rather it is ause-specific application. The decision on an application for authorization of asimilar use is applicable to all land in the zoning district for which the request wasmade and is applicable only to the use described in the application.
3. If an application for an authorization of a similar use is approved, the proposeduse shall be subject to the same approval criteria, review process, dimensionalstandards, and development standards as the use to which it is found to be most similar pursuant to Subsection 106.02(A), (B), (C), or (D).

106.02 Approval Criteria

An authorization of a similar use requires review as an interpretation pursuant toSection 1308, Interpretation, and shall be subject to the following standards andcriteria:

1. In the following zoning districts, the proposed use must be similar to one or moreof the listed permitted uses in that same zoning district: BP, C-2, C-3, CC, CI, GI,LI, NC, OA, OC, PMD, PMU, RC, RCC, RCO, RI, RTC, RTL, SCMU, and VCSDistricts.
2. In the following zoning districts, the proposed use must be similar to one or moreof the listed permitted limited uses in that same zoning district: HDR, MRR,RCHDR, and SHD Districts.
3. In zoning districts regulated by Table 315-1, Permitted Uses in the UrbanResidential Zoning Districts, 316-1, Permitted Uses in the Rural Residential andFuture Urban Residential Zoning Districts, or 317-1, Permitted Uses in the MRRand HR Districts, the proposed use must be similar to one or more uses that are:
   1. Listed permitted conditional uses in that same zoning district; and
   2. Identified by the applicable table as eligible to be the basis of an authorizationof similar use.
4. In the Historic Landmark, Historic District, and Historic Corridor overlay zoningdistrict, the proposed use must be similar to one or more of the listed permittedconditional uses in that overlay zoning district.
5. A use may not be authorized as a similar use if it is specifically listed asprohibited in the applicable zoning district.
6. A use may not be authorized as a similar use if it is a special use regulated by Section 800, Special Use Requirements.

103.01 Zoning District Designation

For the purposes of this Ordinance, the unincorporated territory of Clackamas County, Oregon (hereinafter referred to as the County) is hereby divided into the zoning districts listed in the Table of Contents under Sections 300 through 700.

103.02 Zoning District Boundaries

1. Zoning district boundaries are hereby established as shown on the zoning maps of the unincorporated territory of Clackamas County, Oregon, which maps are hereby made a part of this Ordinance.  Said zoning maps, properly attested, shall be and remain on file in the office of the County Department of Transportation and Development, governing body of the County, or County Clerk.
2. Except where reference is made on said zoning maps to a street line, political boundary, or other designated line by dimensions shown on said maps, the zoning district boundaries are intended to follow property lines, lot lines, or center lines of streets, alleys, streams, or railroads, or the extension of such lines as they existed when the zoning district boundary was established.
3. The exact location of zoning district boundaries shall be interpreted by the Planning Director.
4. Whenever any street, alley, or other public way is vacated by official action as provided by law, the zoning districts adjoining the side of such public way shall be automatically extended, depending on the side or sides to which such lands revert, to include the right-of-way thus vacated, which shall thenceforth be subject to all regulations of the extended district or districts.

[Amended by Ord. ZDO-235, 5/14/12; Amended by Ord. ZDO-250, 10/13/14]

1003.01 Purpose

1. To protect lives and property from natural or man-induced geologic or hydrologic hazards and disasters.
2. To protect property from damage due to soil hazards.
3. To protect lives and property from forest and brush fires.
4. To avoid financial loss resulting from development in hazard areas.

1003.02 Standards and Criteria for Mass Movement Hazard Area Development

1. No development or grading shall be allowed in areas of land movement, slump or earth flow, or mud or debris flow, unless approved in a Type II application pursuant to Section 1307, Procedures. Unless the criteria for such development as listed in Subsection 1003.02(B) are satisfied in the review of another approved Type II application pursuant to Section 1307, a mass movement hazard area development permit is required for development in areas of land movement, slump or earth flow, or mud or debris flow.
2. Approval Criteria:
   1. An engineering geologic study shall be required for development proposed on slopes of twenty (20) percent or greater.
   2. An engineering geologic study shall be required, regardless of the slope of the site proposed for development, unless there is stabilization of the identified hazardous condition based on established and proven engineering techniques which ensure protection of public and private property. Appropriate conditions of approval of development approved under this subsection may be attached by the County.
   3. The engineering geologic study required by Subsections 1003.02(B)(1) and (2) shall establish that the site is stable for the proposed use and development. The study shall include the following:
      1. Index map;
      2. Project description, to include: Location; topography; drainage; vegetation; discussion of previous work; and discussion of field exploration methods;
      3. Site geology, to include: Site geologic map; description of bedrock and surficial materials including artificial fill; location of any faults, folds, etc.; and structural data including bedding, jointing, and shear zones; and
      4. Discussion and analysis of any slope stability problems.
      5. Discussion of any offsite geologic conditions that may pose a potential hazard to the site or that may be affected by onsite development.
      6. Suitability of site for purposed development from geologic standpoint.
      7. Specific recommendations for cut slope stability, seepage and drainage control, or other design criteria to mitigate geologic hazards.
      8. If deemed necessary by the engineering geologist to establish whether an area to be affected by the proposed development is stable, additional studies and supportive data shall include: cross sections showing subsurface structure; graphic logs of subsurface explorations; results of laboratory test; and references.
      9. Signature and certification number of an engineer or engineering geologist registered in the State of Oregon.
      10. Additional information analyses as necessary to evaluate the site.
3. Vegetative cover shall be maintained or established for stability and erosion control purposes.
4. Diversion of storm water into these areas shall be prohibited.
5. The principal source of information for determining mass movement hazards is the State Department of Geology and Mineral Industries (DOGAMI) Bulletin 99 and accompanying maps. Approved site-specific engineering geologic studies shall be used to identify the extent and severity of the hazardous conditions on the site, and to update the mass movement hazards data base.

1003.03  Standards for Flood Hazard Areas

1. Development proposed in flood hazard areas, in addition to provisions of Section 703, shall be limited to the extent that:
   1. Clearing, stripping of vegetation and coverage of the site by roads and structures shall be no more than necessary to maintain water quality and meet the provisions of Section 1011.
   2. Site buildings to minimize alteration of terrain and other natural features.

1003.04 Standards for Soil Hazard Areas

1. Appropriate siting and design safeguards shall insure structural stability and proper drainage of foundation and crawl space areas for development on land with any of the following soil conditions: Wet/high water table; high shrink-swell capability; compressible/organic; and shallow depth-to-bedrock.
2. The principal source of information for determining soil hazards is the State DOGAMI Bulletin 99 and accompanying maps. Approved site specific soil studies shall be used to identify the extent and severity of the hazardous conditions on the site, and to update the soil hazards data base accordingly.

1003.05 Standards for Fire Hazard Areas

1. Development in areas with the potential for forest or brush fires shall be designed:
   1. To provide adequate water storage and pressure for purposes of maintaining minimum flows for fire protection.
   2. To provide, in cooperation with local fire districts, fire hydrants appropriate to the intensity and type of development.
   3. So that dwellings are not sited in areas subject to extreme fire hazard, such as areas of heavy fuel concentration, draws, etc.
   4. To provide for other methods of fire protection and prevention appropriate to the location and type of development, utilizing techniques recommended by the Oregon State Forestry Department.

[Amended by Ord. ZDO-280, 10/23/21]

1205.01 Purpose and Applicability

Section 1205 is adopted to provide standards, criteria, and procedures under which a variance to a dimensional standard of this Ordinance may be approved.  However, a variance is prohibited to the following dimensional standards:

1. The minimum lot size standards in the RA-2, RR, FU-10, EFU, TBR, and AG/F Districts;
2. The two-acre minimum lot size standard in the RRFF-5 District and the two-acre minimum lot size standard for planned unit developments in the FF-10 District;
3. The 20-acre minimum lot size standard inside the Portland Metropolitan Urban Growth Boundary in the RA-1, RA-2, RRFF-5, FF-10, RC, and RI Districts. 
4. The fuel-free break standards of Subsection 406.08;
5. The maximum building floor space standards in the HC, HD, HL, HR, MRR, RTC, RC, and RI Districts;
6. Dimensional standards established in Sections 703 through 710, 712, and 713.

1205.02 Approval Criteria

A variance to a dimensional standard of this Ordinance requires review as a Type II application pursuant to Section 1307, Procedures, and shall be subject to the following standards and criteria: 

1. If the proposed variance is to any of the following standards, it shall not reduce the minimum by more than 10 percent; however, the 10-percent limit does not apply to the partition of a lot of record that is divided by a public road:
   1. Minimum lot size;
   2. Minimum average lot size; and
   3. District land area.
2. Compliance with the applicable dimensional standard of this Ordinance would create a hardship due to one or more of the following conditions:
   1. The physical characteristics of the land, improvements, or uses are not typical of the area.  When the requested variance is needed to correct an existing violation of this Ordinance, that violation shall not be considered as a condition "not typical of the area".
   2. The subject property cannot be developed to an extent comparable with other similar properties in the area if the standard is satisfied.  
   3. The subject property is an Urban Low Density Residential, RA-1, RRFF-5, FF-10, or HR District, the requested variance is to the minimum lot size standard, and more than 50 percent of the lots of record that are within one-half mile of the subject property and located in the same zoning district as the subject property are smaller than the minimum lot size standard.
   4. Compliance with the standard would eliminate a significant natural feature of the subject property. 
   5. Compliance with the standard would reduce or impair the use of solar potential on the subject property or adjacent properties.
3. Strict adherence to the dimensional standard is unnecessary because the proposed variance from the standard will reasonably satisfy all the following objectives:
   1. Will not adversely affect the function or appearance of the development and use on the subject property;
   2. Will not impose limitations on other properties and uses in the area, including uses that would be allowed on vacant or underdeveloped properties; and
   3. Will result in the minimum variance needed to alleviate the hardship.
4. The proposed variance is consistent with the applicable goals and policies of the Comprehensive Plan.

Approval Period and Time Extension

1. Approval of a variance is valid for four years from the date of the final decision.  If the County's final decision is appealed, the approval period shall commence on the date of the final appellate decision.  During this four-year period, the approval shall be implemented, or the approval will become void.
   1. For a variance directly related to an application for a partition or subdivision, implemented means that the final plat of the partition or subdivision shall be recorded with the County Clerk.
   2. For any other variance, 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 variance, implemented means all other necessary County development permits (e.g., grading permit, building permit for an accessory structure) shall be obtained and maintained. A major development permit is:
      1. A building or manufactured dwelling placement permit for a new primary structure that was part of the variance approval; or
      2. A permit issued by the County for parking lot or road improvements that were part of the variance approval.
2. If the approval of a variance is not implemented within the initial approval period established by Subsection 1205.03(A), a two-year time extension may be approved pursuant to Section 1310, Time Extension.

[Amended by Ord. ZDO-230, 9/26/11; Amended by Ord. ZDO-248; 10/13/14; Amended by Ord. ZDO-253, 6/1/15; Amended by Ord. ZDO-266, 5/23/18]

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