Planning and Zoning

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

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]