Planning and Zoning

835.01 Definitions

The following definitions apply to Section 835:

1. Antenna: A transmitting or receiving device used in telecommunications that radiates or captures electromagnetic waves, including, but not limited to, directional antennas, such as panel and microwave dish antennas, and omni-directional antennas, such as whip antennas.
2. Collocation: The use of a single support structure by more than one wireless telecommunications provider.
3. Essential Public Communication Services: Police, fire, and other emergency communications networks.
4. Equipment Shelter:  A structure that houses power lines, cable, connectors, and other equipment ancillary to the transmission and reception of telecommunications.
5. Existing Wireless Telecommunication Facility: A wireless telecommunication facility that received land use approval prior to March 14, 2002.
6. Small Wireless Facility: A wireless telecommunication facility that enables provision of wireless services and meets the conditions in Subsections 835.02(A)(1) through (4).
7. Support Structure: A wireless telecommunication tower, building, or other structure that supports an antenna used for wireless telecommunications.
8. Wireless Telecommunication Facility: An unmanned facility for the transmission of radio frequency (RF) signals, consisting of an equipment shelter, cabinet, or other enclosed structure containing electronic equipment, a support structure, antennas or other transmission and reception devices. Freestanding point-to-point microwave dishes, high-power television and FM transmission facilities, AM facilities, amateur (Ham) radio antennas and towers, and citizen band transmitters and antennas are not wireless telecommunication facilities.
9. Wireless Telecommunication Tower: A freestanding support structure, including monopole and lattice tower, designed and constructed primarily to support antennas and transmitting and receiving equipment. Wireless telecommunication towers include:
   1. Lattice tower: A tower characterized by an open framework of lateral cross members that stabilize the tower; and
   2. Monopole: A single upright pole, engineered to be self-supporting, that does not require guy wires or lateral cross supports.
10. Wireless Telecommunication Tower Height: The distance from the finished grade at the antenna tower base to the highest point of the tower, including the base pad, mounting structures, and panel antennas, but not including lightning rods and whip antennas.

835.02 Small Wireless Facilities

1. Small wireless facilities, consistent with 47 CFR 1.6002(l)(1), are facilities that meet each of the following conditions:
   1. The facilities:
      1. Are mounted on structures 50 feet or less in height including their antennas as defined in 47 CFR 1.1320(d); or
      2. Are mounted on a structure no more than 10 percent taller than other adjacent structures; or
      3. Do not extend existing structures on which they are located to a height of more than 50 feet or by more than 10 percent, whichever is greater;
   2. Each antenna associated with the deployment, excluding associated antenna equipment, is no more than three cubic feet in volume;
   3. All other wireless equipment associated with the structure, including the wireless equipment associated with the antenna and any pre-existing associated equipment on the structure, is no more than 28 cubic feet in volume; and
   4. The facilities comply with Federal Communications Commission (FCC) requirements for registration, as well as FCC radio frequency emissions standards specified in 47 CFR 1.1307(b) and other applicable standards in 36 CFR 800.16(x) related to location on Tribal Lands.
2. Notwithstanding any otherwise applicable definition in Section 202, Definitions, or Subsection 835.01, terms used in Subsection 835.02 have the meanings provided in 47 CFR 1.6002, which includes the following definitions:
   1. Antenna: Consistent with 47 CFR 1.1320(d), an apparatus designed for the purpose of emitting radiofrequency (RF) radiation, to be operated or operating from a fixed location pursuant to FCC authorization, for the provision of personal wireless service and any commingled information services. For purposes of this definition, the term antenna does not include an unintentional radiator, mobile station, or device authorized under Part 15, Radio Frequency Devices of CFR Title 47, Telecommunication.
   2. Antenna equipment: Consistent with 47 CFR 1.1320(d), equipment, switches, wiring, cabling, power sources, shelters, or cabinets associated with an antenna, located at the same fixed location as the antenna, and, when collocated on a structure, is mounted or installed at the same time as such antenna.
   3. Deployment: Placement, construction, or modification of a personal wireless service facility.
   4. Structure: A pole, tower, base station, or other building, whether or not it has an existing antenna facility, that is used or to be used for the provision of personal wireless service (whether on its own or comingled with other types of services).

835.03 Exemptions

1. Wireless telecommunication facilities are exempt from section 1102, Design Review, except that Section 1102 applies to essential public communication services in zoning districts listed in Subsections 1102.01(A) through (C), if such essential public communication services are not small wireless facilities. 
    
2. Small wireless facilities in public rights-of-way or in easements under Clackamas County jurisdiction are exempt from Section 835.

835.04   Submittal Requirements

An application for a Type I permit for a wireless telecommunication facility shall include the submittal requirements identified in Subsection 1307.07(C). In addition to the submittal requirements identified in Subsections 1203.02 (for conditional uses only) and 1307.07(C), an application for a Type II or conditional use permit for a wireless telecommunication facility, or for an adjustment pursuant to Subsection 835.07, shall include:

1. A site plan, drawn to scale, that includes:
   1. Existing and proposed improvements;
   2. Adjacent roads;
   3. Parking, circulation, and access;
   4. Areas of vegetation to be added, retained, replaced, or removed;
   5. Setbacks of all existing and proposed structures; and
   6. If an adjustment is proposed pursuant to Subsection 835.06, the distance from the proposed location of the wireless telecommunication tower to off-site structures that are closer to the proposed location than a distance equal to the height of the proposed tower.
2. A vicinity map showing lots, land uses, zoning, and roadways within 500 feet of the proposed antenna site;
3. Elevations showing antennas, wireless telecommunication towers, equipment shelters, area enclosure, and other improvements related to the proposed facility;
4. For all new antennas, color simulations of the site after construction;
5. A map of existing wireless telecommunication facilities within one mile of the subject property; and
6. An alternatives analysis demonstrating compliance with Subsection 835.06(D)(1)(a).

835.05 Uses Permitted

1. The types of wireless telecommunication facilities permitted in each zoning district are listed in Table 835-1, Permitted Wireless Telecommunication Facilities. Except for essential public communication services and small wireless facilities, wireless telecommunication facilities are classified as level one or two. 
2. As used in Table 835-1:
   1. "P" means the classification of wireless telecommunication facility is a primary use.
   2. "C" means the classification of wireless telecommunication facility is a conditional use, approval of which is subject to Section 1203, Conditional Uses.
   3. "X" means the classification of wireless telecommunication facility is prohibited.
   4. Numbers in superscript correspond to the note that follows Table 835-1.
3. Wireless telecommunication facilities, except small wireless facilities, are subject to the applicable provisions of Subsections 835.06(A through D) and 835.08, and an adjustment may be approved pursuant to Subsection 835.07. Small wireless facilities are subject only to Subsection 835.06(E) and are not eligible for an adjustment pursuant to Subsection 835.07.
    

Table 835-1: Permitted Wireless Telecommunication Facilities

¹In the AG/F and TBR Districts, the use is subject to Subsection 406.05(A)(1).
²In the AG/F, EFU, and TBR Districts, essential public communication services require review as a Type II application pursuant to Section 1307.  
³If an adjustment is proposed pursuant to Subsection 835.07, the wireless telecommunication facility requires review as a Type III application pursuant to Section 1307, Procedures.

835.06 Standards

1. Level One Collocation: A level one collocation of antennas on a previously approved wireless telecommunication facility shall be subject to the following standards:
   1. Collocation proposals involving an existing wireless telecommunication facility must have an approved and implemented landscaping plan that complies with Subsection 835.06(D)(5).
   2. There shall be no increase in the height of the existing wireless telecommunication support structure.
   3. The proposed collocated antennas shall be no more than 20 feet higher than the existing support structure.
   4. All collocation improvements shall be located within a previously approved fenced lease area.
   5. The collocation shall not involve the removal of any previously approved landscaping or buffering. 
2. Level One Placement on a Utility Pole: Level one placements of wireless telecommunication facilities on utility poles (electric, cable, telephone, etc.) shall be subject to the following standards:
    
   1. The wireless telecommunication facility shall be placed on an existing utility pole or, if it is necessary to replace the existing pole with a pole that is suitable for wireless telecommunication, the new pole shall be no taller than the pole that is being replaced.
   2. The existing utility pole shall be within a public right-of-way, and, if the pole is to be replaced pursuant to Subsection 835.06(B)(1), the replacement pole shall remain within the public-right-of-way.
   3. Any equipment shelters for the wireless telecommunication facility shall be located on the utility pole and within the public right-of-way.
3. Level Two Placement on a Utility Pole: Level two placements of wireless telecommunication facilities on replacement utility poles (electric, cable, telephone, etc.) shall be subject to the following standards:
   1. The height of the replacement utility pole shall not exceed the height of the pole being replaced by more than 20 feet.
   2. The existing utility pole shall be within a public right-of-way, and the replacement pole shall remain within the public-right-of-way.
4. Wireless Telecommunication Facilities: A level two wireless telecommunication facility (including a level two collocation or placement on a utility pole) shall be subject to the following standards:
   1. New Towers: If a new wireless telecommunication tower is proposed:
      1. No new tower will be permitted unless no existing support structure can accommodate the proposed antenna. All proposals for new wireless telecommunication facilities must be accompanied by a statement from a qualified person that the necessary telecommunication service cannot be provided by collocation for one or more of the following reasons:
         1. No existing support structures, or approved but not yet constructed support structures, are located within the geographic area required to meet the applicant's engineering requirements;
         2. Existing support structures are not of sufficient height to meet the applicant's engineering requirements;
         3. Existing support structures do not have sufficient structural strength to support the applicant's proposed antenna and related equipment;
         4. The applicant's proposed antenna would cause electromagnetic interference with the antenna on the existing support structure, or the existing antenna would cause interference with the applicant's proposed antenna; or
         5. The applicant demonstrates that there are other limiting factors that render existing support structures unsuitable.
      2. If the tower is inside the Portland Metropolitan Urban Growth Boundary, it shall be a monopole.
      3. The tower shall be designed and built to accommodate collocation or additional loading. This means that the tower shall be designed specifically to accommodate no less than the following equipment, in addition to the applicant's proposed equipment:
         1. Twelve antennas with a float plate wind-loading of not less than four square feet per antenna;
         2. A standard mounting structure, standoff arms, platform, or other similar structure designed to hold the antennas;
         3. Cable ports at the base and antenna levels of the tower; and
         4. Sufficient room within or on the tower for 12 runs of 7/8-inch coaxial cable from the base of the tower to the antennas.
      4. The tower shall be painted or coated in a manner that blends with the surrounding area. The finished coloring shall result in a non-reflective surface that makes the tower as visually unobtrusive as possible unless state or federal regulations require different colors. 
      5. If the proposed wireless telecommunication facility requires approval of a conditional use permit, placement of the tower in an alternate location on the tract may be required, if the alternate location would result in greater compliance with the criteria in Section 1203, Conditional Uses, than the proposed location. In order to avoid relocating the proposed tower, the applicant shall demonstrate that the necessary wireless telecommunication service cannot reasonably be provided from the alternate location.
   2. Equipment shelters shall be entirely enclosed. They may be painted or coated with a finish that best suits the operational needs of the facility, including the ability to reflect heat and to resist accumulations of dirt. If there is a conflict between acceptable colors and the operational needs of the facility, the use of architectural screen panels may be required.
   3. No lighting shall be permitted on a wireless telecommunication tower, except as required by state or federal regulations. If lighting is required, the light shall be shielded or deflected from the ground, public rights-of-way, and other lots, to the extent practicable.
   4. Unless the wireless telecommunication facility is located entirely on a utility pole, it shall be located within an area that is enclosed on all sides. The enclosure shall be a minimum of six feet tall and sight-obscuring.
   5. Landscaping shall be placed outside of the enclosed area required pursuant to Subsection 835.06(D)(4) and shall include ground cover, shrubs, and trees that are reflective of the natural surrounding vegetation in the area. However, if a portion of the wireless telecommunication facility is screened from points off-site by a building with a height of at least eight feet, landscaping is not required for the screened area. In addition, Subsection 1009.10 applies.
   6. Noise generated by the wireless telecommunication facility shall not exceed the maximum levels established by the Oregon Department of Environmental Quality (DEQ). If lots adjacent to the subject property have a lower DEQ noise standard than the subject property, the lower standard shall be applicable.
   7. Dimensional Standards: Dimensional standards applicable to wireless telecommunication towers are listed in Table 835-2, Dimensional Standards for Wireless Telecommunication Towers.
5. Small Wireless Facilities: Small wireless facilities, including all related equipment and appurtenances, shall:
   1. Not be affixed to trees, shrubs, or other vegetation;
   2. If attached to or mounted on a building, be the same or substantially similar color or colors as the portions of the building they are attached to or mounted on;
   3. Use only non-reflective materials on their exterior; and
   4. Have all of their lights shrouded from view from adjacent residential properties.

Table 835-2: Dimensional Standards for Wireless Telecommunication Towers

835.07 Adjustments

Adjustments to the standards of Section 835 may be granted under either of the following circumstances:

1. A gap in the applicant's service exists and that gap can only be alleviated through the adjustment of one or more of the standards of this section. If an adjustment is to be approved, the applicant must demonstrate the following:
   1. A gap in coverage or capacity exists in the wireless telecommunication provider's service network that results in network users being regularly unable to connect, or maintain connection, with the provider's network;
   2. The proposed wireless telecommunication facility will fill the existing service gap. Filled means the proposed facility would substantially reduce the frequency with which users of the network are unable to connect, or maintain connection, with the provider's network; and
   3. The gap cannot be filled through collocation on existing facilities, or establishment of facilities that are consistent with the standards of this section on properties other than the proposed site or on the proposed site in a manner which does not require an adjustment.
2. The proposed adjustment would utilize existing site characteristics to minimize demonstrated or potential impacts on the use of surrounding lots. Site characteristics include, but need not be limited to, those identified in Subsection 1203.03(B). The adjustment must result in a lower level of impact on surrounding lots than would result if the standard were not adjusted. In considering the requested adjustment, the following may be considered:
   1. Visual impacts;
   2. Impacts on view;
   3. Impacts on property values; and
   4. Other impacts that can be mitigated by an adjustment so that greater compliance with Subsection 1203.03(D) occurs.

835.08 Abandonment

1. Wireless telecommunication facilities will be considered abandoned when there has not been a provider licensed or recognized by the Federal Communications Commission operating on the facility for a period of 365 consecutive days. Determination of abandonment will be made by the Planning Director, who shall have the right to demand documentation from the facility owner regarding the tower or antenna use.
2. Upon determination of abandonment, the facility owner shall have 60 calendar days to reuse the facility or transfer the facility to another owner who will reuse it within 60 calendar days of the determination of abandonment.
3. If the facility is not reused within 60 calendar days of the determination of abandonment, county authorization for the use shall expire. Once authorization for the use has expired, the facility operator shall remove the facility from the property within 90 calendar days. If the facility operator does not remove the facility within 90 calendar days, the county may remove the facility at the expense of the facility operator, or, in the alternative, at the property owner's expense.

[Amended by Ord. ZDO-224, 5/31/11; Amended by Ord. ZDO-248, 10/13/14; Amended by Ord. ZDO-268, 10/2/18; Amended by Ord. ZDO-276, 10/1/20; Amended by Ord. ZDO-280, 10/23/21]

834.01 Submittal Requirements

In addition to the submittal requirements identified in Subsections 1203.02 and 1307.07(C), an application for a permit for a composting facility shall include:

1. An operational plan to address compliance with Subsection 834.02(C)(2);
2. Location and design of the physical features of the site and composting facility, surface drainage control, wastewater facilities, fences, residue disposal, controls to prevent adverse health and environmental impacts, and design and performance specifications for major composting equipment and detailed descriptions of methods to be used;
3. A proposed plan for utilization of the processed compost or other evidence of assured utilization of composted green feedstocks;
4. A proposed plan to dispose of processed compost that, due to concentration of contaminants, cannot be marketed or used for beneficial purposes, and finished compost which has been stored for two years since processing was completed; and
5. A dust control plan.

834.02 Standards

Composting facilities shall comply with the following standards:

1. Minimum Lot Size:  Five acres.
2. Minimum Separation Distance:  Except in the AG/F and TBR Districts, the operational area shall be a minimum of 50 feet from all lot lines and a minimum of 100 feet from perennial drainageways, wetlands, and wells.
3. Transportation:
   1. The subject property shall have access from a paved road, and such access shall be paved from the edge of the paved road to a minimum of 50 feet into the subject property from the lot line. 
   2. The facility shall have an operational plan that ensures those traveling to the facility, particularly trucks, travel primarily on truck freight routes identified on Comprehensive Plan Map 5-9a, Freight Routes Urban, and 5-9b, Freight Routes Rural.  Alternatively, if no truck freight routes are readily available, the routes selected and used shall not significantly impact the existing traffic patterns.
   3. All-weather roads shall be provided from the nearest state highway or all-weather County or public road to the composting facility and shall be designed and maintained to prevent traffic congestion, traffic hazards, dust, and noise pollution.
   4. The operator shall install and maintain signage so that routes to the facility are posted. 
   5. Effective barriers to unauthorized entry and dumping, such as fences, gates, and locks, shall be provided.
4. Fire Protection:  The subject property shall be located within a fire protection district capable of fire suppression as demonstrated by a letter from the applicable district.
5. Odor:  The tipping, grinding, and storage areas of unprocessed yard debris shall be managed to control odors.
6. Litter:  The facility owner or operator shall, on a daily basis, collect litter and illegally dumped waste on all roads leading to the facility for a distance of one-quarter mile from the facility entrance.
7. Storage and Screening:
   1. The storage of composting materials, end products, and equipment shall occur only in the designated operational area. All green feedstocks deposited at the composting facility shall be confined to the designated receiving area within the operational area
   2. The operational area shall be screened and buffered pursuant to Subsection 1009.04.
   3. The maximum height of stored materials shall be 25 feet or the height of the screening established pursuant to Subsection 1009.04, whichever is less.
   4. The green feedstocks shall be ground within one week of receipt.
   5. Green feedstocks shall be incorporated into active compost piles within a reasonable time.  Grass clippings shall be incorporated within 24 hours of receipt.
   6. Facilities and procedures shall be provided for handling, recycling, or disposing of green feedstocks that are non-biodegradable by composting.
8. Operating Permits and Licenses:  Prior to commencing any activities to establish or operate the composting facility, the applicant shall submit copies to the County of all operating permits or licenses required by the Oregon Department of Environmental Quality or the Metropolitan Service District.  Notwithstanding this requirement, if DEQ or Metro will not issue a permit or license until the facility has been established, the applicant shall submit a copy of such license or permit prior to commencing operation of the facility.
9. Sales:  Composting facilities may include retail and wholesale sales of the finished product, as well as accessory products limited to topsoil, barkdust, and aggregate commonly used in landscaping.  The area used for the sale of the accessory products shall not exceed 10 percent of the area used for composting, or two acres, whichever is less.

[Amended by Ord. ZDO-234, 6/7/12; Amended by Ord. ZDO-243, 9/9/13; Amended by Ord. ZDO-268, 10/2/18]

832.01 Standards

1. Structure Type and Appearance:
   1. A bed and breakfast may be established only in single-family dwellings, guest houses, and Historic Landmark structures, except that a bed and breakfast inn also may be established in a preexisting structure built as an inn.
   2. The architecture of new structures and additions shall be single-family residential in appearance.
2. Length of Stay/Guest Register: No guest shall stay more than 60 days in any one-year period. An accurate, up-to-date guest register shall be maintained and available for review by any authorized agent of the County.
3. Number of Guest Rooms: The maximum number of guest rooms allowed in a bed and breakfast residence shall be five. The maximum number allowed in a bed and breakfast inn shall be as follows:
   1. In HR, R-2.5, R-5, R-7, R-8.5, and R-10 Districts: Five rooms;
   2. In FF-10, FU-10, R-15, R-20, R-30, RA-1, RA-2, RR, and RRFF-5 Districts: Seven rooms; and
   3. In commercial and multifamily zoning districts and in Historic Landmark structures in any zoning district: No maximum.
4. Parking: The following standards apply to off-street parking areas:
   1. No more than one-half of the area of the lot in front of the building line shall be used for parking.
   2. Parking areas located to the side or rear of the bed and breakfast structure shall be screened pursuant to Subsection 1009.04.
   3. Inside the Portland Metropolitan Urban Growth Boundary, off-street parking areas shall be hard-surfaced or shall be surfaced with Grasscrete, pavers, or similar surfacing material. They shall not be surfaced with gravel. Outside the UGB, surfacing of off-street parking areas shall comply with Subsection 1015.01(B).
   4. Parking areas shall be defined using timbers, logs, railroad ties, or other acceptable methods.
   5. Maneuvering area shall be provided on-site to allow vehicles to exit the property front end first. A waiver of this requirement may be allowed when the bed and breakfast residence or inn takes access from a local street, private road, or access drive.
5. Access: If the subject property takes access via a private road or access drive that also serves other properties, evidence shall be provided, in the form of a petition, that all other property owners who have access rights to the private road or access drive agree to allow the specific bed and breakfast use described in the application. Such evidence shall include any conditions stipulated in the agreement.

[Amended by Ord. ZDO-268, 10/2/18]

833.01 Standards

Guest houses shall comply with the following standards:

1. Use: A guest house shall not be a source of rental income, except that a guest house may be used as a short-term rental. If not used as a short-term rental, a guest house shall be used only by members of the family residing in the primary dwelling, their nonpaying guests, or their nonpaying employees who work on the premises.
2. Number: Only one guest house shall be allowed per lot of record.
3. Maximum Floor Area: The maximum floor area shall be 600 square feet. When calculating floor area, all contiguous space in a building shall be included except:
   1. Space that is separated from the guest house with a wall that does not contain a door; and
   2. Space that is separated from the guest house with a wall that contains a door, if the door provides access only to unconditioned space (i.e., with no heating or cooling) that is provided with no plumbing.
4. Maximum Separation Distance: The guest house shall be located within 100 feet of the primary dwelling to which it is accessory. This distance shall be measured from the closest portion of each structure.
5. Facilities: The guest house may contain one bathroom plus one additional sink but shall not include laundry facilities, a stove, oven, or other cooking appliances.
6. Utilities: All public water, electric, natural gas, and sanitary sewer service for the guest house shall be extended from the primary dwelling services. No separate meters for the guest house shall be allowed.
7. On-Site Wastewater Treatment Systems: A guest house shall use the same on-site wastewater treatment system as the primary dwelling except when a separate system is required by the County due to site constraints, failure of the existing system, or where the size or condition of the existing system precludes its use.

[Amended by Ord. ZDO-268, 10/2/2018; Amended by Ord. ZDO-273, 1/17/2021; Amended by Land Use Board of Appeals Remand of Ord. ZDO-273, 1/24/2022; Amended by Ord. ZDO-273, on remand, 5/30/2023; Amended by Ord. ZDO-285, 9/3/2024]

830.01 Standards

Utility cabinets shall comply with the following standards:

1. Maximum Volume:  The maximum combined volume of all utility cabinets located on a single lot shall be:
   1. Forty cubic feet in a residential or OSM zoning district inside the Portland Metropolitan Urban Growth Boundary (UGB); 
   2. Two hundred cubic feet in a commercial or industrial zoning district inside the UGB; and
   3. Two hundred fifty cubic feet outside the UGB.
2. Maximum Height:  The maximum height shall be five feet.
3. Setback Exemption:  Utility cabinets are exempt from the minimum setback standards of this Ordinance.
4. Contact Information:  Utility companies shall clearly identify their cabinets and provide an emergency telephone number where accidents or public safety concerns may be reported.
5. Design, Screening, or Landscaping:  Within the UGB, utility cabinets shall be designed, screened, or landscaped to blend with the development on the same lot of record or, if the utility cabinet is in a road right-of-way, with the development on the lot of record nearest the cabinet.

[Amended by Ord. ZDO-224, 5/31/2011; Amended by Ord. ZDO-248, 10/13/2014; Amended by Ord. ZDO-268, 10/2/2018; Amended by Ord. ZDO-288, 9/9/2024]

827.01 Standards

Drive-thru window services:

1. Shall not limit the development of pedestrian-oriented or transit-supportive uses, or adversely impact such uses on adjacent lots. This criterion does not apply in the RC District;
2. Shall create minimal conflict with pedestrian access to the building from adjacent lots and roads;
3. Shall not attract vehicle traffic into existing or proposed pedestrian and transit service areas; and
4. Shall not create offsite congestion due to lack of onsite vehicle queuing area commensurate with the estimated volume of traffic to be generated.
5. In the Clackamas Regional Center Area, but outside the Clackamas Regional Center itself:
   1. When drive-thru window service facilities are oriented toward front lot lines or street corners, pedestrian areas shall be buffered from the noise and exhaust of drive-thru vehicles.
   2. When building entrances are separated from sidewalks by drive-thru window service facilities, special design features may be required to ensure safe, direct, and convenient crossings and to screen pedestrian areas from drive-thru window service facilities. These may include different paving types, raised elevation, warning signs, landscaping, walls, bollards, or other similar methods.
6. Inside the Clackamas Regional Center, drive-thru lanes are prohibited between the building and the street to which a building public entrance is oriented pursuant to Subsection 1005.08(B).

[Amended by Ord. ZDO-250, 10/13/14; Amended by Ord. ZDO-252, 6/1/15; Amended by Ord. ZDO-266, 5/23/18; Amended by Ord. ZDO-268, 10/2/18; Amended by Ord. ZDO-268, 9/5/23]

825.01 Standards

Manufactured dwelling parks shall comply with the following standards:

1. Minimum Lot Size: In an Urban Low Density Residential or MR-1 District, the minimum lot size is one acre
2. Minimum Front Setback: The minimum front setback is 25 feet from front lot lines on the perimeter of the manufactured dwelling park.
3. Minimum Rear Setback: In an MR-1 District, the minimum rear setback is 10 feet from rear lot lines on the perimeter of the manufactured dwelling park. In an Urban Low Density Residential District, the minimum rear setback is 20 feet from rear lot lines on the perimeter of the manufactured dwelling park.
4. Minimum Side Setback: In an MR-1 District, the minimum side setback is 10 feet from side lot lines on the perimeter of the manufactured dwelling park. In an Urban Low Density Residential District, the minimum side setback is 20 feet from side lot lines on the perimeter of the manufactured dwelling park.

825.02 Redevelopment

1. A.manufactured dwelling park shall not be redeveloped with a different use until:
   1. The manufactured dwelling park landlord submits a plan for relocation of the existing tenants to the County Administrator or designee of the Administrator which includes a schedule of amounts required to be paid to affected park tenants under Subsection 825.02(B) and a plan for making these payments to affected park tenants upon cancellation of affected rental agreements; and
   2. The County Administrator or designee of the Administrator approves the relocation plan and notifies the Planning Director of the approval. The County Administrator or designee of the Administrator may require the park landlord to deposit into escrow the amounts required to be paid to affected park tenants under Subsection 825.02(B) as a condition for approval under this subsection.
2. If a manufactured dwelling park is to be closed or partially closed under conditions that require a payment under Section 2(1)(b), Chapter 906, Oregon Laws 2007, then in addition to and not in lieu of the payment to be made under Section 2(1)(b), Chapter 906, Oregon Laws 2007, the landlord or other person responsible for making the payment under Section 2(1)(b), Chapter 906, Oregon Laws 2007, shall make an additional payment to each tenant whose rental agreement with the landlord is terminated as a result of the change in use in compliance with Section 2(4), Chapter 906, Oregon Laws 2007. A separate 
   payment shall be made for each space for which a rental agreement is terminated. The amount of the payment shall equal:
   1. A sum of $11,000 for a single-wide manufactured dwelling, $16,000 for a double wide manufactured dwelling, and $20,500 for a triple-wide manufactured dwelling; minus
   2. The sum of the payment required to be made under Section 2(1)(b), Chapter 906, Oregon Laws 2007, the tax credit to which the tenant is entitled under Section 17, Chapter 906, Oregon Laws 2007, and any other government assistance to which the tenant is entitled by reason of the change in use of the park, as of the date a relocation plan is submitted for approval under Subsection 825.02(A).
3. Notwithstanding Subsection 825.02(B), for calendar years beginning on or after January 1, 2009, the payment amount described in Subsection 825.02(B) shall be adjusted by the percentage change by which the monthly averaged consumer price index for the preceding calendar year differs from the monthly averaged consumer price index for the 2007 calendar year. As used in Subsection 825.02(C), consumer price index means the US Bureau of Labor Statistics Consumer Price Index - All Urban Consumers (CPI-U), US City Average, All Items.
4. As used in Subsection 825.02, manufactured dwelling park has the meaning given that term in Oregon Revised Statutes 90.100.

[Amended by Ord. ZDO-224, 5/31/11; Amended by Ord. ZDO-249, 10/13/14; Amended by Ord. ZDO-252, 6/1/15; Amended by Ord. ZDO-268, 10/2/18]

822.01 Exemption

Except as set forth in Section 822, home occupations are exempt from Sections 1000, Development Standards, and 1102, Design Review.

822.02 Definitions

The following definitions apply to Section 822:

1. Accessory Building Floor Space: Any building floor space, other than a dwelling unit, that is used for the home occupation, including, but not limited to, an attached garage, detached garage, or pole building. 
2. Employee: Any on-site person, whether they work full-time or part-time in the home occupation, including, but not limited to, the operator, partners, assistants, and any other persons participating in the operation of the home occupation.
3. Gross Vehicle Weight Rating: As defined in Oregon Revised Statutes 801.298.
    
4. Incidental Use: The use of no more than 25 percent of the floor area of a building or 500 square feet, whichever is less.
    
5. Operator: The person who conducts the home occupation, has majority ownership interest in the home occupation, and is responsible for strategic decisions and day-to-day operations of the home occupation.
    
6. Vehicle: Any motorized or non-motorized transportation equipment intended for use on public roads and associated with the home occupation, including, but not limited to, a car, van, pickup, motorcycle, truck, bus, recreational vehicle, detached trailer, or a truck tractor with no more than one trailer. Any attached trailer beyond one is a separate vehicle. A detached trailer is categorized as equipment, rather than a vehicle, if it is stored in enclosed accessory building floor space
    
7. Vehicle Trip: A vehicular movement either to or from the subject property by any vehicle used in the home occupation, any delivery vehicle associated with the home occupation, or any customer vehicle.

822.03 Level One Minor Home Occupations

A level 1 minor home occupation does not require a land use permit and shall be subject to the following standards and criteria:

1. Employees: No persons other than residents of the dwelling unit in which the home occupation is located shall be employees of the home occupation.
2. Building Floor Space: The home occupation shall be conducted in a dwelling unit and shall be limited to incidental use thereof. In addition, incidental use of accessory building floor space shall be allowed for storage purposes only.
3. Noise, Vibration, Glare, Fumes, and Odors: The home occupation shall not create noise, vibration, glare, fumes, or odors detectable to normal sensory perception off the subject property. Vehicles entering or exiting the subject property shall be exempt from this standard, but idling vehicles shall not.
4. Electrical Interference: The home occupation shall not create visual or audible electrical interference in any radio, television, or other electronic device off the subject property, or cause fluctuations in line voltage off the subject property.
5. Storage and Display:  No outside storage, display of goods or merchandise visible from outside the enclosed building in which such goods or merchandise are stored, or other external evidence of the home occupation shall occur, except as specifically allowed by Subsection 822.03. Notwithstanding this provision, business logos flush-mounted on vehicles used in the daily operations of the home occupation are allowed.
6. Signs: Signs shall be permitted pursuant to Section 1010, Signs.
7. Traffic: The home occupation shall not generate more than 10 vehicle trips per day.
8. Parking: Parking associated with the home occupation shall be regulated as follows:
   1. Vehicles associated with the home occupation shall not be stored, parked, or repaired on public rights-of-way.
   2. The maximum number of customer vehicles that are associated with the home occupation and located on the subject property shall not exceed two at any time.
   3. The home occupation shall not involve the use, parking, storage, or repair of any vehicle exceeding a gross vehicle weight rating of 11,000 pounds, except deliveries by parcel post, United Parcel Service, or similar in-town delivery service trucks. Such deliveries shall be limited to no more than one per day.
   4. If customers of the home occupation come to the subject property, two parking spaces shall be provided for them in defined areas of the subject property. Such areas shall be accessible, usable, designed, and surfaced for parking. The minimum parking space requirement for the home occupation shall be in addition to the parking spaces required for other permitted uses on the subject property.
9. Prohibited Uses: The following uses shall be prohibited as a minor home occupation:
   1. Bed and breakfast homestays;
   2. Marijuana production;
   3. Marijuana processing;
   4. Marijuana wholesaling; and
   5. Marijuana retailing.

822.04 Level Two And Three Major Home Occupations

A major home occupation requires review as a Type II application pursuant to Section 1307, Procedures, and shall be subject to the following standards and criteria:

1. Operator: The operator shall reside full-time in a lawfully established dwelling unit on the tract on which the home occupation is located.
2. Employees: The home occupation shall have no more than five employees.
3. Noise: Noise shall be regulated as follows:
   1. From 8:00 a.m. until 6:00 p.m., the average peak sound pressure level, when measured off the subject property, of noise created by the home occupation shall not exceed the greater of 60 dB(A) or the ambient noise level. During all other hours, the home occupation shall not create noise detectable to normal sensory perception off the subject property.
      1. Noise generated by vehicles entering or exiting the subject property, but not by idling vehicles, shall be exempt from Subsection 822.04(C)(1). 
      2. Subsection 822.04(C)(1) shall not apply to noise detectable on public rights-of-way and railroad rights-of-way.
   2. A noise study may be required to demonstrate compliance with Subsection 822.04(E)(1). If a noise study is required, measurements shall be made with a sound level meter. The sound level meter shall be an instrument in good operating condition, meeting the requirements of a Type I or Type II meter, as specified in ANSI Standard 1.4-1971. The sound level meter shall contain at least an A-weighted scale, and both fast and slow meter response capability. Personnel making measurements shall have completed training in the use of the sound level meter, and measurement procedures consistent with that training shall be followed.
4. Vibration, Glare, Fumes, and Odors: The home occupation shall not create vibration, glare, fumes, or odors detectable to normal sensory perception off the subject property. Vehicles entering or exiting the subject property shall be exempt from this standard, but idling vehicles shall not. 
5. Electrical Interference: The home occupation shall not create visual or audible electrical interference in any radio, television, or other electronic device off the subject property, or cause fluctuations in line voltage off the subject property.
6. Storage and Display: No outside storage, display of goods or merchandise visible from outside the enclosed building space in which such goods or merchandise are stored, or external evidence of the home occupation shall occur, except as specifically allowed by Subsection 822.04. Notwithstanding this provision, business logos flush-mounted on vehicles used in the daily operations of the home occupation are allowed. 
7. Signs: Signs shall be permitted pursuant to Section 1010, Signs.
8. Parking: Vehicles associated with the home occupation shall not be stored, parked, or repaired on public rights-of-way. Parking spaces needed for employees or customers of the home occupation shall be provided in defined areas of the subject property. Such areas shall be accessible, usable, designed, and surfaced for parking.
9. Access: If the subject property takes access via a private road or access drive that also serves other properties, evidence shall be provided, in the form of a petition, that all other property owners who have access rights to the private road or access drive agree to allow the specific home occupation described in the application. Such evidence shall include any conditions stipulated in the agreement. A new petition shall not be required for a renewal application.
10. Type of Buildings: Notwithstanding the definition of home occupation in Section 202, Definitions, in the AG/F, EFU, and TBR Districts, the home occupation shall be operated substantially in the operator's dwelling or other buildings normally associated with uses permitted in the applicable zoning district.
11. Hazardous Materials: Hazardous materials shall not be present on the subject property in quantities greater than those normally associated with the primary uses allowed in the applicable zoning district, or in quantities greater than those exempt amounts allowed by the current edition of the Oregon Structural Specialty Code, whichever is less.
12. Level Two and Three Major Home Occupations: Major home occupations are classified as level two or three. A level three major home occupation may be established only if at least 50 percent of the lots of record abutting the subject property are larger than two acres; however, a renewal application shall be evaluated on the basis of the lot size analysis first applied to the home occupation. A lot of record is considered to be abutting if it is contiguous to the tract on which the home occupation is proposed, or if it is directly across an access drive, private road, or public or county road with a functional classification below that of a collector. The following standards differ depending on whether the proposed home occupation is a level two or three:
    1. Building Floor Space: The home occupation may be conducted in a dwelling unit, but—except in the case of a bed and breakfast homestay—is limited to incidental use thereof.  For a level two major home occupation, a maximum of 500 square feet of accessory building floor space may be used for the home occupation, and for a level three major home occupation, a maximum of 1,500 square feet of accessory building floor space may be used for the home occupation. If only a portion of an accessory building is authorized for use in the home occupation, a partition wall at least seven feet in height, or a height as required by the County Building Codes Division, whichever is greater, shall separate the home occupation space from the remainder of the building. A partition wall may include a door, capable of being closed, for ingress and egress between the home occupation space and the remainder of the building. 
    2. Traffic: A level two major home occupation shall not generate more than 20 vehicle trips per day, and a level three major home occupation shall not generate more than 30 vehicle trips per day.
    3. Vehicles: Vehicles shall be regulated as follows:
       1. Level Two: The maximum number of vehicles that are associated with a level two major home occupation and located on the subject property shall not exceed four at any time, including, but not limited to, employee and customer vehicles. A level two major home occupation shall not involve the use, parking, storage, or repair of any vehicle exceeding a gross vehicle weight rating of 11,000 pounds, except deliveries by parcel post, United Parcel Service, or similar in-town delivery service trucks, and such deliveries shall be limited to no more than one per day.
       2. Level Three: The maximum number of vehicles that are associated with a level three major home occupation and located on the subject property shall not exceed five at any time, including, but not limited to, employee vehicles, customer vehicles, and vehicles to be repaired. Vehicles to be repaired shall be located within an enclosed building or in an area not visible from off the subject property. No more than one of the five vehicles permitted to be located on the subject property at one time shall exceed a gross vehicle weight rating of 11,000 pounds.
    4. Prohibited Uses: The following uses shall be prohibited as a major home occupation:
       1. Marijuana production;
       2. Marijuana processing;
       3. Marijuana wholesaling;
       4. Marijuana retailing;
       5. As a level two major home occupation:
          1. Repair of motorized vehicles and equipment, including the painting or repair of automobiles, trucks, trailers, or boats;
          2. Towing and vehicle storage business; and
          3. Any use that requires a structure to be upgraded to a more restrictive use, under the current edition of the Oregon Structural Specialty Code, than an automobile repair shop with open flame; and
       6. As a level three major home occupation, any use that requires a structure to be upgraded to a more restrictive use, under the current edition of the Oregon Structural Specialty Code, than aircraft engine repair.

822.05 Exceptions

An exception to any of the standards identified in Subsection 822.04 requires review as a Type III application pursuant to Section 1307, Procedures, and shall be subject to the following standards and criteria:

1. The use shall remain compatible with the area. The following factors shall be considered when determining if a use is compatible with the area:
   1. The number of standards identified in Subsection 822.04 that will be exceeded; it is presumed that the more standards exceeded, the more difficult it will be to demonstrate compatibility;
   2. The character of the neighborhood, including such factors as the presence of off-site similar and outside storage uses, proximity of off-site dwellings, level of surrounding traffic, size of off-site accessory buildings, and background noise levels; 
   3. The ability to mitigate impacts by driveway and road improvements, screening, landscaping, building location, building design, and other improvements;
   4. Potential environmental impacts, including effects on air and water quality; and
   5. Provision of adequate and safe access to public, County, or state roads.
2. Services adequate to serve the proposed use shall be available, including transportation, public facilities, and other services existing or planned for the area affected by the use. At a minimum, compliance with Subsections 1006.03(B), 1006.04(B), and 1006.06(C) (except as set forth in Subsection 1006.07), and 1007.07 is required.
3. Notwithstanding the remainder of Subsection 822.05:
   1. An exception shall not be granted to Subsection 822.04(A), (I), (J), or (L)(4)(a) through (d).
   2. Accessory building floor space for the home occupation shall not exceed 3,000 square feet.
   3. If the subject property is in an EFU, TBR, or AG/F zoning district, the number of employees shall not exceed five.

822.06 Preexisting Home Occupations

Home occupations legally established prior to April 22, 2010, which complied with all provisions of this Ordinance then in effect, including appropriate permits if required, are exempt from the requirements of Section 822. Those preexisting home occupations that were subject to annual permit review shall be reviewed for compliance with the standards in effect at the time of their establishment, on the same schedule as home occupations established under the current provisions of Section 822. Home occupations established prior to the requirement for permit application and review are not subject to automatic review, but must continue to comply with the standards in effect at the time of their establishment. Preexisting home occupations may not be transferred to another operator or be enlarged without satisfying all the requirements of Section 822. 

822.07 Approval Period And Renewals

1. A major home occupation permit is valid for three 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.
2. A major home occupation permit may be renewed an unlimited number of times. Renewals also shall be valid for three 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.
3. A renewal of a major home occupation permit, including one for a home occupation with one or more previously approved exceptions under Subsection 822.05, requires review as a Type II application pursuant to Section 1307, Procedures. However, if the renewal application includes a request for an exception not approved under the prior home occupation permit, the renewal requires review as a Type III application pursuant to Section 1307.

[Amended by Ord. ZDO-224, 5/31/11; Amended by Ord. ZDO-230, 9/26/11; Amended by Ord. ZDO-246, 3/1/14; Amended by Ord. ZDO-248, 10/13/14; Amended by Ord. ZDO-254, 1/4/16; Amended by Ord. ZDO-266, 5/23/18; Amended by Ord. ZDO-268, 10/2/18; Amended by Ord. ZDO-276, 10/1/20]

821.01 Standards

Livestock shall be subject to the following standards:

1. Livestock shall not be kept for commercial purposes.
2. Livestock shall be properly caged or housed, and proper sanitation shall be maintained at all times.
3. All livestock food shall be stored in rodent-proof receptacles.
4. The keeping of swine is prohibited, except that the keeping of swine commonly referred to as Miniature Vietnamese, Chinese or Oriental pot-bellied pig (sus scrofa vittatus) is permitted, subject to the following standards:
   1. The maximum height of each swine is 18 inches at the shoulder, and the maximum weight of each swine is 95 pounds.
   2. The swine shall be spayed or neutered.
   3. No more than two such swine may be kept on a lot of record for any period in excess of three calendar days.
5. The minimum lot size for the keeping of cows, horses, and similar large livestock is one acre. Each of these animals, other than their young under the age of six months, shall be provided a minimum of 25,000 square feet of usable barn or pen area.
6. Each goat, miniature horse, or sheep, other than their young under the age of six months, shall be provided a minimum of 10,000 square feet of usable barn or pen area.
7. Roosters, peacocks, and any other fowl known for its loud call are prohibited. Other types of fowl, as well as rabbits, may be kept, subject to one of the following options:
   1. Hutches, coops, barns, or pens for any number of rabbits or fowl shall be located a minimum of 100 feet from any dwelling other than the dwelling of the owner of the subject property; or
   2. A maximum of six rabbits or fowl, other than their young under the age of 12 weeks, are allowed in hutches, coops, barns, or pens located behind the building line of the dwelling and a minimum of five feet from all lot lines.
      1. All animal byproducts and waste shall be kept a minimum of five feet from all lot lines.
      2. Hutches, coops, barns, and pens shall be enclosed on those sides that are not otherwise screened from adjacent lots by a sight-obscuring fence, wall, or hedge a minimum of six feet in height.

[Amended by Ord. ZDO-224, 5/31/11; Amended by Ord. ZDO-268, 10/2/18]

819.01 Standards For Recycling Centers And Transfer Stations

1. Access:  The facility shall have access to major roadways and truck freight routes.  The facility shall have an operational plan that ensures those traveling to the facility, particularly trucks, travel primarily on truck freight routes identified on Comprehensive Plan Maps 5-9a through 5-9d.
2. Air Quality:  The discharge of contaminants created by the facility shall not exceed the Oregon Department of Environmental Quality (DEQ) air quality standards.
3. Noise:  Sound created by the facility and audible off the subject property shall not exceed the maximum permitted by DEQ.
4. Storage:
   1. Any storage of material shall occur only in a totally enclosed area with proper air quality controls.  The storage of uncompacted material shall not exceed one day.
   2. Source separated materials, excluding yard debris, shall be stored in containers.  These containers shall be located in an enclosed area.
   3. Yard debris shall be removed on at least a weekly basis.  Storage shall not exceed requirements established by DEQ.
   4. Temporary storage areas for all materials recovered from processing shall be totally enclosed.
5. Signs:
   1. A clearly visible and legible identification sign shall be posted at the entrance to the facility.  The sign shall include the name of the facility, name and phone number of the operator, and hours of operation.
   2. A sign describing recycling services and fees shall be posted at the facility.
6. Hazardous Waste Handling:
   1. No disposal of hazardous and biomedical wastes on site shall be allowed except in accordance with Oregon Revised Statutes Chapter 459 and Oregon Administrative Rules Chapter 340.
   2. The operator shall provide a covered area for handling or storage of incidental hazardous, toxic, or other detrimental materials.  The area shall provide positive isolation from sanitary and storm sewer systems.
   3. The operator shall prepare and implement an incidental hazardous waste containment and cleanup plan approved by DEQ.
7. Safety Measures:
   1. Transfer of waste from one vehicle or container to another vehicle or container shall be done within an enclosed containment area designed to ensure that waste materials do not fall onto the ground or enter the groundwater or a water feature, water system, drainageway, or drainage system.
   2. The facility shall establish and implement emergency operating procedures to ensure that minimal risk exists to the public in the case of an emergency.  The procedures shall include training programs and practice drills.
8. Litter:  A litter control plan shall be adopted to control and provide for the removal of facility-related litter along routes leading to and in the vicinity of the facility.  The litter control plan shall include the following elements:
   1. Establish, as appropriate, gates, signs, and other traffic control devices that direct facility-related traffic to the facility along approved routes.
   2. Establish a patrol and schedule for removal of litter and illegally dumped waste along all routes to the facility for a distance of one-half mile from the facility entrance.  Litter removal within this area shall be completed a minimum of twice daily.
   3. The facility operator shall document and remove, for proper disposal, all illegal dumping occurring in the patrol area.  The operator shall remove illegally dumped waste within 24 hours of the discovery of the illegal dump or within 12 hours of being notified of the illegal dump by the County. 
   4. The operator shall provide signs so that routes to the facility are posted and shall post at the facility, in a location visible to the public, the proper routes providing access to the facility and differential fees for dumping covered and uncovered loads at the facility.
   5. The operator shall annually publish and distribute throughout the area served by the facility a brochure that includes the proper routes providing access to the facility and the fees for bringing both covered and uncovered loads to the facility and explains and encourages recycling.

819.02 Standards For Recyclable Drop-Off Sites

Recyclable drop-off sites shall comply with the following standards:

1. Recyclable drop-off-sites shall:
   1. Not obstruct entrances, exits, onsite traffic circulation, or parking;
   2. Not be placed in required landscape areas;
   3. Be clean, attractively painted, and maintained at all times;
   4. Be kept clean and free of debris.  All unwanted materials and debris shall be properly disposed of; 
   5. Be designed such that collected recyclable materials are totally enclosed and cannot be removed by unauthorized parties;
   6. Only be used for the collection of domestic recyclable or reusable materials such as paper, corrugated paper, glass, tin, aluminum, plastics, and clothing.  Yard debris, appliances, and other large items that may otherwise be repairable, recyclable, or reusable are not acceptable; 
   7. Be removed or emptied within five days of becoming full, to avoid accumulation of materials outside the box or depot trailer; and
   8. Be labeled identifying the owner and telephone number to contact in the event that the container and surrounding area becomes a nuisance.  Labeling shall also clearly identify the material(s) accepted and warn that any other items are not acceptable
2. Siting, maintenance, and hauling shall be coordinated through the area's franchised collector or by a party licensed or permitted by the County.
3. The local fire marshal shall be consulted concerning design and siting of drop boxes and mobile depots.

[Amended by Ord. ZDO-252, 6/1/15; Amended by Ord. ZDO-268, 10/2/18]