Planning and Zoning

ZDO 1005: Site and Building Design

1005.01 Purpose

Section 1005 is adopted to ensure sites are developed and buildings designed to:

Efficiently utilize the land used in development, particularly urban land in centers, corridors, station communities and employment areas;
Create lively, safe, attractive and walkable centers, corridors, station communities, employment areas and neighborhoods;
Support the use of non-auto modes of transportation, especially pedestrian trips to and between developments;
Support community interaction by creating lively, safe and attractive public use spaces within developments and on the street;
Reduce impacts of development on natural features and vegetation;
Utilize opportunities arising from a site's configuration or natural features;
Encourage use of green building technologies and green site development practices, energy conservation and use of renewable energy resources;
Design illumination so that dark skies are maintained to the extent possible, balanced with the lighting needs of safe and functional developments; and
Accommodate the needs of the users to be located in developments.

1005.02 General Site Design Standards

The following site design standards apply:

Where feasible, cluster buildings within single and adjacent developments for efficient sharing of walkways, on-site vehicular circulation, connections to adjoining sites, parking, loading, transit-related facilities, plazas, recreation areas, and similar amenities.
Where feasible, design the site so that so that the longest building elevations can be oriented within 20 degrees of true south in order to maximize the south-facing dimensions.
Minimum setbacks may be reduced by up to 50 percent as needed to allow improved solar access when solar panels or other active or passive solar use is incorporated into the building plan.
A continuous, interconnected on-site walkway system meeting the following standards shall be provided.
1. Walkways shall directly connect each building public entrance accessible to the public to:
  1. The nearest sidewalk or pedestrian pathway, and to all adjacent streets, including streets that dead-end at the development or to which the development is not oriented; and
  2. Accessible parking spaces.
2. Walkways shall connect each building to outdoor activity areas including parking lots, transit stops, children's play areas, and plazas.
3. Walkways shall be illuminated. Separate lighting shall not be required if existing lighting adequately illuminates the walkway.
4. Walkways shall be constructed with a well-drained, hard-surfaced material or porous pavement and shall be at least five feet in unobstructed width.
5. Standards for walkways through vehicular areas:
  1. Walkways crossing driveways, parking areas, and loading areas shall be constructed to be clearly identifiable to motorists through the use of different paving material, raised elevation, warning signs, or other similar methods.
  2. Where walkways are adjacent to driveways, they shall be separated by a raised curb, bollards, landscaping, or other physical barrier.
  3. Inside the Portland Metropolitan Urban Growth Boundary (UGB), if the distance between the building public entrance and street is 75 feet or greater and located adjacent to a driveway or in a parking lot, the walkway shall be raised, with curbs, a minimum four-foot-wide landscape strip and shade trees planted a maximum of 30 feet on center.
  4. The exclusive use of a painted crossing zone to make walkways identifiable to motorists may be used only for portions of walkways which are shorter than 30 feet and located across driveways, parking lots, or loading areas.
  5. Walkways bordering parking spaces shall be at least seven feet wide or a minimum of five feet wide when concrete bumpers, bollards, curbing, landscaping, or other similar improvements are provided which prevent parked vehicles or opening doors from obstructing the walkway.
6. The interconnected onsite walkway system shall connect to walkways in adjacent developments, or stub to the adjacent property line if the adjacent land is vacant or is developed without walkways.
  1. Walkway stubs shall be located in consideration of topography and eventual redevelopment of the adjacent property.
  2. Notwithstanding the remainder of Subsection 1005.02(D)(6), walkway linkages to adjacent development shall not be required within industrial developments, to industrial developments, or to vacant industrially zoned land.
Inside the UGB, except for industrial developments, a minimum of 50 percent of the street frontage of the development site shall have buildings located at the minimum front setback line.
1. If the minimum front setback standard is less than 20 feet, the front setback may be increased to a maximum of 20 feet provided pedestrian amenities are developed within the front setback area.
2. Primary building entrances for buildings used to comply with Subsection 1005.02(E), shall:
  1. Face the street;
  2. Be located at an angle facing both the street and a parking lot; or
  3. Be located to the side of the building, provided that the walkway connecting to the street is a minimum of eight feet wide and is developed with landscaping and pedestrian amenities.
3. If a development has frontage on more than one street, Subsection 1005.02(E) must be met on only one frontage, as follows:
  1. If one of the streets is a major transit street, the standard shall be met on that street.
  2. If neither or both are a major transit street, then the standard shall be met on the street with the higher functional classification.
  3. If neither 1005.02(E)(3)(a) or (b) applies, then the standard shall be met on the longest frontage.
Inside the UGB, parking lots larger than three acres in size shall be built with major on-site vehicular circulation ways that include raised walkways with curbs, a minimum four-foot-wide landscape strip, and shade trees planted a maximum of 30 feet on center.
New retail, office, mixed use, and institutional buildings located on major transit streets shall have at least one public entrance facing a major transit street, or street intersecting a major transit street.
1. A private street used to meet the standards in Subsection 1005.02(G) must have raised walking surfaces on both sides, street trees, curbs, and pedestrian-scale street lighting, and must connect at both ends to an existing or proposed street.
2. If a development has frontage on more than one major transit street, this orientation requirement needs to be met on only one side.
3. The public entrance orientation requirement does not apply to warehouses or industrial buildings with less than 5,000 square feet of attached offices.
New retail, office, mixed use, multifamily, and institutional buildings located at a major transit stop shall be set back a maximum of 20 feet from at least one of the following: the major transit stop, the major transit street or an intersecting street, or a pedestrian plaza at the major transit stop or a street intersection.
1. For the purpose of Subsection 1005.02(H), a building is located at a major transit stop, if:
  1. The building is located on a lot that has frontage on the major transit street or an intersecting street; and
  2. Any portion of the building is within a 200-foot radius of the major transit stop.
2. Lawfully established buildings that do not comply with the maximum setback standard may have additional height added as an expansion without being brought into conformance with the standard.
3. The maximum setback standard does not apply to warehouses or industrial buildings with less than 5,000 square feet of attached offices.
In the PMU District, there shall be no vehicular parking or circulation within the front setback area.
In the OC District, the design and siting of structures shall control public access points into office buildings, utilizing a central lobby design, entrance courtyard, internal pedestrian walkway or mall, or similar designs that protect business/professional uses from the disturbances of direct public access.
Where a minimum floor area ratio (FAR) is required by the standards of the applicable zoning district, it shall be calculated as follows:
1. Calculate the building floor area by determining the square footage of all buildings in the proposed development, including:
  1. Gross floor area of all commercial structures (except parking structures), including storage and mechanical equipment;
  2. Square footage of commercial uses in a parking structure; and
  3. Square footage of the footprint of a multifamily residential structure.
2. Calculate the net site area by subtracting from the gross site area the following:
  1. Right-of-way dedications;
  2. Off-road (except sidewalks) trails, bikeways, or multi-purpose trails;
  3. Stormwater detention facilities;
  4. Design elements (plazas, greenways, transit stations, etc.);
  5. Parks;
  6. Civic spaces;
  7. Stream buffers;
  8. Wetlands; and
  9. 100-year floodplain (undeveloped portion)
3. Divide the building floor area by the net site area. The result is the FAR. For example, if the building floor area is 20,000 square feet and the net site area is 40,000 square feet, the FAR is 0.5.
The following standards apply in the HDR, RCHDR, and SHD Districts:
1. The minimum distance on a north-south axis between any building and a site area line north of said building shall be the horizontal distance calculated by drawing a 60-degree angle line from the top of the structure to the natural ground elevation north of the structure. For purposes of this provision, the "top of the structure" shall be that part of projection of the structure which first intersects a 60-degree angle line projecting toward the ground north of the building. (See Figure 1005-0.) This provision shall be modified as follows:
  1. Intervening streets and 15 feet of setback into the property on the north side of said street may be included in the required separation distance.
  2. If an area on the adjacent site north of a proposed structure is developed or committed for use as a circulation drive or parking structure or lot, that area may be included in the required separation distance, provided no existing or proposed primary use structure on the adjacent site shall fall within the required separation distance.
  3. If the owner of the site area to the north grants a north-south separation easement, as provided under Subsection 1005.02(L)(2), that area may be included in the required separation distance.
2. An owner, or owners, of a site area may grant a north-south separation easement to the owner, or owners, of a site area to the south provided that:
  1. Documentation and a map of the easement is submitted with the development plans for the site areas in question;
  2. The development plans for the two or more site areas in question are coordinated to the maximum extent possible; and
  3. Buildings are sited to minimize the loss of solar access to primary use structures. However, this provision shall not preclude or restrict the use or development of any north-south separation easement area.
3. The minimum distance on an east-west axis between any building and a site area line, except when abutting a public, County or state road, shall be the horizontal distance calculated by drawing a 15-degree angle line from the top of the structure to the natural ground elevation east and west of the structure. (See Figure 1005-0.)
  Formula:Separation = b x .267 (tan 15 degrees)
4. The north-south and east-west separation distance requirements shall not preclude structurally connecting two or more buildings on separate site areas provided that the proposed connection is approved as part of the development plans for the affected site areas.

Figure 1005-0: Separation Distance Illustration

The standards of Subsection 1005.02(L) are not subject to modification pursuant to Section 904, Height Exceptions. However, these standards may be modified if the modification requested is necessary to allow development of primary uses at densities allowed for the site area.

1005.03 Building Design

The following standards apply to building facades visible from a public or private street or accessway and to all building facades where the primary entrance is located.
1. Building facades shall be developed with architectural relief, variety and visual interest and shall avoid the effect of a single, long or massive wall with no relation to human size. Examples of elements that subdivide the wall: change in plane, texture, masonry pattern or color, or windows.
2. Building facades shall have particular architectural emphasis at entrances and along sidewalks and walkways.
3. Provide visual interest through use of articulation, placement and design of windows and entrances, building trim, detailing, ornamentation, planters, or modulating building masses.
4. Utilize human scale, and proportion and rhythm in the design and placement of architectural features.
5. Use architectural features which are consistent with the proposed use of the building, level and exposure to public view, exposure to natural elements, and ease of maintenance.
6. When uses between ground-level spaces and upper stories differ, provide differentiation through use of bays or balconies for upper stories, and awnings, canopies, trim, and other similar treatments for lower levels.
Requirements for building entries:
1. Public entries shall be clearly defined, highly visible, and sheltered with an overhang or other architectural feature, with a depth of at least four feet.
2. Commercial, mixed-use and institutional buildings sited to comply with 1005.02(E) shall have public entries that face streets and are open to the public during all business hours.
The street-facing facade of commercial, mixed-use and institutional buildings sited to comply with 1005.02(E) shall meet the following requirements:
1. Facades of buildings shall have transparent windows, display windows, entry areas, or arcades occupying a minimum of 60 percent of the first floor linear frontage.
2. Transparent windows shall occupy a minimum of 40 percent of the first floor linear frontage. Such windows shall be designed and placed for viewing access by pedestrians.
3. For large-format retail buildings greater than 50,000 square feet, features to enhance the pedestrian environment, other than transparent window, may be approved through design review. Such items may include, but are not limited to display cases, art, architectural features, wall articulation, landscaping, or seating, provided they are attractive to pedestrians, are built to human scale, and provide safety through informal surveillance.
Requirements for roof design:
1. For buildings with pitched roofs:
  1. Eaves shall overhang at least 24 inches.
  2. Roof vents shall be placed on the roof plane opposite the primary street.
2. For buildings, other than industrial buildings, with flat roofs or without visible roof surfaces, a cornice or other architectural treatment shall be used to provide visual interest at the top of the building.
Requirements for exterior building materials:
1. Use architectural style, concepts, colors, materials, and other features that are compatible with the neighborhood's intended visual identity.
2. Building materials shall be durable and consistent with the proposed use of the building, level and exposure to public view, exposure to natural elements, and ease of maintenance.
3. Walls shall be surfaced with brick, tile, masonry, stucco, stone or synthetic equivalent, pre-cast masonry, gypsum reinforced fiber concrete, wood lap siding, architecturally treated concrete, glass, wood, metal, or a combination of these materials.
4. The surfaces of metal exterior building materials that are subject to rust or corrosion shall be coated to inhibit such rust and corrosion, and the surfaces of metal exterior building materials with rust or corrosion shall be stabilized and coated to inhibit future rust and corrosion.
Additional building design requirements for multifamily dwellings and middle housing, except middle housing developed pursuant to Section 845, Triplexes, Quadplexes, Townhouses, and Cottage Clusters:
1. Facades of buildings that are two or more stories in height shall have a minimum of one balcony or bay per four dwelling units.
2. Windows shall be frequent and coordinate with bays and balconies.
3. Where feasible, place the buildings to minimize the potential of windows facing directly toward primary living areas of other dwelling units.
4. For buildings that are one or two stories in height, roofs shall be hipped, gambrel, or gabled to provide visual interest. Flat roofs shall be allowed in areas of these buildings where mechanical equipment is mounted or where they are used for roof gardens or other outdoor activities.
5. For multifamily developments, convenient areas shall be provided for storage of articles such as bicycles, barbecues, and outdoor furniture. These areas shall be completely enclosed and easily accessible to respective dwelling units.
Requirements to increase safety and surveillance:
1. Locate buildings and windows to maximize potential for surveillance of entryways, walkways, and parking, recreation, and laundry areas.
2. Provide adequate lighting for entryways, walkways, and parking, recreation, and laundry areas.
3. Locate parking and automobile circulation areas to permit easy police patrol.
4. Design landscaping to allow for surveillance opportunities.
5. Locate mail boxes where they are easily visible and accessible.
6. Limit fences, walls and, except for trees, landscaping between a parking lot and a street to a maximum of 30 inches in height.
7. Locate play areas for clear parental monitoring.
Solar access requirements:
1. Except for uses with greater cooling needs than heating needs, such as many retail uses, concentrate window areas on the south side of buildings (within 20 degrees of due south) where there is good southern exposure.
2. Provide overhangs, balconies, or other shading devices to prevent excessive summer heat gains.
3. Use architectural features, shape of buildings, fences, natural landforms, berms, and vegetation to catch and direct summer breezes for natural cooling, and minimize effects of winter winds.
Requirements for compatibility with the intent of the design type or with the surrounding area. For purposes of Subsection 1005.03(I), design types are Centers, Station Communities or Corridor Streets as identified on Comprehensive Plan Map IV-8, Urban Growth Concept; X-CRC-1, Clackamas Regional Center Area Design Plan, Regional Center, Corridors and Station Community; X-SC-1, Sunnyside Corridor Community Plan, Community Plan Area and Corridor Design Type Location; or X-MC-1, McLoughlin Corridor Design Plan, Design Plan Area. The intent of these design types is stated in Chapter 4 or 10 of the Comprehensive Plan.
1. Use shapes, colors, materials, textures, lines, and other architectural design features that enhance the design type area and complement the surrounding area and development.
2. Use colors, materials, and scale, as appropriate, to visually connect building exteriors to adjoining civic/public spaces such as gateways, parks, plazas, and transit stations.
3. Use building orientation and physical design, including setbacks and modulations, to ensure a development is compatible with other activities onsite, nearby properties, intended uses, and the intent of the design type.
4. Orient loading and delivery areas and other major service activity areas of the proposed project away from existing dwellings. Loading areas shall be located to the side or rear of buildings unless topography, natural features, rail service, or other requirements of this Ordinance dictate loading bays to the front of buildings.
5. In industrial zoning districts, site areas used for vehicular operations, outdoor storage, and outdoor processing to minimize the impacts on adjacent dissimilar uses.
6. Inside the Portland Metropolitan Urban Growth Boundary, use colors, materials and architectural designs to visually reduce the impact of large buildings.
7. In unincorporated communities, design structures to reflect and enhance the local character and to be in scale with surrounding development.
8. In rural and natural resource areas, use materials, colors and shapes that imitate or complement those in the surrounding areas, such as those used in typical farm structures.
9. In open space or scenic areas, use natural color tones, lines, and materials which blend with the natural features of the site or site background.
Requirements for screening mechanical equipment:
1. Rooftop mechanical equipment, except for solar energy systems, shall be screened from view by the use of parapet walls or a sight-obscuring enclosure around the equipment. The screen shall be constructed of one of the primary materials used on the primary facades, and shall be an integral part of the building's architectural design.
2. Ground mounted mechanical equipment shall be located away from the intersection of two public streets, to the extent practicable, and shall be screened by ornamental fences, screening enclosures, or landscaping that blocks at least 80 percent of the view.
3. Wall mounted mechanical equipment shall not be placed on the front of a building or on a facade that faces a street. Wall mounted mechanical equipment that extends six inches or more from the outer building wall shall be screened from view from the streets; from residential, public, and institutional properties; and from public areas of the site or adjacent sites through one of the screening techniques used in Subsection 1005.03(J)(1) or (2).
Requirements for specialized structures in industrial zoning districts:
1. In the BP, LI, and GI Districts, silos, towers, and other specialized storage or processing structures are permitted if:
  1. They are enclosed in a building that complies with the other applicable standards of Subsection 1005.03;
  2. They are approved as part of a conditional use; or
  3. They are:
    1. Less than 12 feet in height;
    2. Located behind the building, to the rear of the site, and not adjacent to front lot lines; and
    3. Screened from adjacent properties with a sight-obscuring fence a minimum of six feet in height.
2. In the GI District, silos, towers, and other specialized storage or processing structures that do not comply with Subsection 1005.03(K)(1) are permitted as part of a primary use if such structures have the following characteristics:
  1. Provide windows and canopies, awnings, wood or masonry siding, or other exterior treatment to highlight accessory office areas within the same building, when applicable;
  2. Use exterior colors which blend with the landscape, such as brown, green, tan, or, in the case of tall structures, such as silos or towers, use light colors that blend with the sky; and
  3. Do not use bright colors, white, or multiple colors, except as specifically approved pursuant to Section 1102, Design Review, for trim, accents, or to provide visual interest to equipment or structures that are unique to the particular use.
Facades in the OA District: In the OA District, facades are subject to the following standards:
1. Building facades facing public streets shall be designed with windows and entries or bays. Sides or rears of buildings shall not consist of an undifferentiated wall when facing a public street, accessway, or a residential area.
2. Arcades are encouraged along public street rights-of-way or along walkways within the complex of buildings.
3. Consistent design elements shall be used throughout the office area to ensure that the entire complex is visually and functionally unified.

1005.04 Outdoor Lighting

Outdoor lighting devices:
1. Shall be architecturally integrated with the character of the associated structures, site design, and landscape.
2. Shall not direct light skyward.
3. Shall direct downward and shield light; or direct light specifically toward walls, landscape elements, or other similar features, so that light is directed within the boundaries of the subject property;
4. Shall be suitable for the use they serve (e.g. bollard lights along walkways, pole mounted lights for parking lots);
5. Shall be compatible with the scale and intensity of uses they are serving. The height of pole-mounted fixtures shall not exceed 25 feet or the height of the tallest structure onsite, whichever is less; and
6. At entrances, shall be glare-free. Entrance lighting may not exceed a height of 12 feet and must be directed downward.
The following are exempt from Subsection 1005.04(A):
1. Temporary lights used for holiday decorations;
2. Street lights regulated in Section 1006, Utilities, Street Lights, Water Supply, Sewage Disposal, Surface Water Management, and Erosion Control; and
3. Lighting associated with outdoor recreation uses such as ball fields or tennis courts.

1005.05 Additional Requirements

Development shall comply with a minimum of one of the following techniques per 20,000 square feet of site area. Regardless of site size, a minimum of one and a maximum of five techniques are required. Partial site area numbers shall be rounded.

Install a solar energy system in the development.
Use passive solar heating or cooling techniques to reduce energy consumption. Examples of techniques:
1. Modulate building masses to maximize solar access.
2. For developments with more than one structure, locate taller structures to minimize negative impacts on solar access for the development site and adjacent sites.
3. Locate buildings to maximize windbreaks.
4. Locate structures and landscaping to avoid winter shading on the south side and optimize summer shading on the west and southwest sides of buildings.
5. Utilize deciduous trees to provide summer shade and allow winter sun.
6. Utilize deciduous vines on fences, trellises, and arbors to provide summer shade.
7. Locate and form berms to protect buildings and exterior use spaces against winter winds or utilize dense evergreens or conifers to screen winter wind and protect against hostile winter elements.
8. Provide skylights or clerestory windows to provide natural lighting, and/or solar heating of interior spaces.
Use highly reflective (high albedo) materials on roof surfaces.
Place major outdoor use areas such as plazas, playgrounds, gardens, etc. on the south side of buildings.
Construct a minimum of 75 percent of walkway area of porous pavement.
Construct a minimum of 75 percent of all parking spaces with porous pavement.
Provide additional landscaping area at least 10 percent above the requirement for the site pursuant to Table 1009-1, Minimum Landscaped Area. For example, if the minimum area requirement is 20 percent, then 22 percent shall be provided. Credit shall be given for green roofs or other areas of vegetation that exceed the minimum area requirements.
H. Include additional swales in development landscaping, pursuant to Section 1009, Landscaping. Credit shall be given for additional swale(s) that exceed the requirements of Subsection 1009.03(A)(2) by at least 10 percent of area. For example, if 1009.04(A)(2) requires 200 square feet of swale area, then an additional 20 square feet of swale area would be required.
Collect rainwater from roofs and/or other impervious surfaces and use it for irrigation.
Apply other techniques for onsite storm water treatment identified by the surface water management regulatory authority.
Lay out sites and locate buildings and on-site vehicular circulation to create functional open areas such as plazas, courtyards, outdoor recreation areas, mini-parks, and accessways that are open to the general public.
Enhance sidewalks and/or walkways by providing additional width, using higher quality materials; shielding from vehicular traffic with enhanced planting strips, street trees and on-street parking, and/or providing pedestrian amenities that are compatible with the design of the development as well as the neighborhood as a whole.
Coordinate development between adjacent uses to provide for a more attractive and lively streetscape, enhance connections, minimize conflicts, and provide common-use areas.
Enhance the pedestrian connection between the development and neighborhood shopping areas, nearby transit, trails, bikeways, or parks. Examples include additional width or pedestrian amenities.
Provide functional and accessible rooftop gardens.
For multifamily dwelling units that face the street, raise first floor units a minimum of two feet above street level.
Provide structured or under-structure parking to meet all or part of the parking need.
Provide no more than the minimum number of surface parking spaces set out in Table 1015-1, Automobile Parking Space Requirements, or 1015-2, Minimum Automobile Parking Space Requirements for Dwellings, all of which shall be no greater than the minimum dimensions allowed in Subsection 1015.02(A)(2).
Lay out sites or orient structures, to maximize significant vistas.
Locate and design structures to protect scenic views or vistas from adjacent properties and public thoroughfares. Setbacks, building height, and bulk should be considered.
Utilize rail service opportunities abutting the site.
Inside the Portland Metropolitan Urban Growth Boundary (UGB), a minimum of 75 percent of the street frontage of the development site shall have buildings located at the minimum front setback line. If the minimum front setback standard is less than 20 feet, the front setback may be increased to a maximum of 20 feet provided pedestrian amenities are developed within the front setback area.
Outside the UGB, or for industrial developments, a minimum of 25 percent of the street frontage of the development site shall have buildings located at the minimum front setback line. Up to 20 feet of additional front setback area may be provided where pedestrian amenities are located.
Locate buildings at the minimum side setback line or within 10 feet of the side lot line, whichever is greater.

1005.06 Modifications

Modification of any standard identified in Subsections 1005.02 and 1005.03 may be approved as part of design review if the proposed modification will result in a development that achieves the purposes stated in Subsection 1005.01 as well or better than the requirement listed.

1005.07 Clackamas Regional Center Area Design Standards

Subsection 1005.07 applies in the Clackamas Regional Center Area, including the Regional Center and the Fuller Road Station Community, as identified on Comprehensive Plan Map X-CRC-1, Clackamas Regional Center Area Design Plan Regional Center, Corridors, and Station Community. Where these standards conflict with other provisions in Section 1000, Subsection 1005.07 shall take precedence.

Clackamas Regional Center Area Design Plan: Development is subject to the Clackamas Regional Center Area Design Plan in Chapter 10 of the Comprehensive Plan.
Urban Design Elements: New development is subject to the urban design elements shown on Comprehensive Plan Map X-CRC-3, Clackamas Regional Center Area Design Plan Urban Design Elements. The urban design elements are described in the Clackamas Regional Center Area Design Plan in Chapter 10 of the Comprehensive Plan.
1. Urban design elements provided in a development may be used to reduce gross site area for calculating minimum density requirements in Subsection 1012.08, and to meet minimum landscaping requirements in Section 1009, Landscaping.
2. For phased development approved through a master plan, requirements for the urban design elements may be roughly proportional to the amount of the master planned approved development being developed in any one phase.
Parking Structure Orientation: Entrances for ground-level retail uses in parking structures located within 20 feet of a street shall be oriented to a street.
Corner Lot Buildings:
1. A corner lot is a lot, parcel, tax lot, or land area created by a lease agreement at the intersection of two streets.
2. Buildings on street corners shall have corner entrances or other architectural features to enhance the pedestrian environment at the intersection.
3. Development on lots at a Gateway intersection as shown on Comprehensive Plan Map X-CRC-3, and Comprehensive Plan Figure X-CRC-7, Clackamas Regional Center Area Design Plan Gateway Intersection (Boulevard and Main Street), shall be designed to accommodate future Gateway improvements.
Building Setbacks from Private Streets: Where a setback from a private street, as defined in Subsection 1005.07(G), is required by the standards of the applicable zoning district, the setback shall be measured from the back edge of the sidewalk.
Parking Structures: If a parking structure, including understructure parking, abuts a street, appropriate features shall be provided to create a transition between the parking structure, or the entrance to understructure parking, and the abutting street. Examples of appropriate features include, but are not limited to, landscape planters and trellises, awnings, canopies, building ornamentation, and art. As used in Subsection 1005.07(F), a parking structure "abuts a street" if no other building is sited between the parking structure and the street.
Private Streets: Private streets used to meet the structure orientation or setback standards shall include:
1. Sidewalks or raised walking surfaces on both sides;
2. Curbs;
3. Street trees, pursuant to Subsection 1007.06; and
4. Pedestrian-scale lighting.
5. Private streets may also provide on-street parking and at-grade loading zones, as applicable.
Internal Streets:
1. Internal streets may be required to connect to adjacent properties to increase connectivity and provide grid patterns that allow for future development.
2. Internal streets shall be designed to allow for future development when applicable.
3. Development shall provide, when applicable, direct street and pedestrian connections between developments and schools, parks, open space, shopping areas, employment areas, and transit stops.
New development shall not be sited such that it precludes the construction of the new walkways, or eliminates the existing walkways, that are shown on Comprehensive Plan Map X-CRC-7a, Clackamas Regional Center Area Design Plan Walkway Network, or identified in the Clackamas Regional Center Pedestrian/Bicycle Plan adopted by reference in Appendix A of the Comprehensive Plan, unless an alternative walkway location that provides a similar connection is established. An alternative walkway location shall not be deemed "similar" to a planned or existing location unless:
1. It provides comparably safe, direct, and convenient pedestrian access to significant destinations, such as transit facilities, major employers, multifamily dwelling complexes, and retail and service establishments; and
2. It fulfills a comparable function in terms of filling gaps in the pedestrian circulation system planned for the Clackamas Regional Center Area.

1005.08 Regional Center Design Standards

Subsection 1005.08 applies in the Regional Center, as identified on Comprehensive Plan Map X-CRC-1, Clackamas Regional Center Area Design Plan Regional Center, Corridors, and Station Community. Where these standards conflict with other provisions in Section 1000, Subsection 1005.08 shall take precedence.

Freestanding parking structures located within 20 feet of pedestrian facilities, including public or private streets, pedestrian ways, greenways, a transit station or shelter, or plaza, shall provide a quality pedestrian environment on the facade facing the pedestrian facility. Techniques to use may include:
1. Provide retail or office uses on the ground floor of the parking structure facing the pedestrian facility;
2. Provide architectural features that enhance the first floor of the parking structure adjacent to the pedestrian facility, such as building articulation, awnings, canopies, building ornamentation, and art; and
3. Provide pedestrian amenities in the transition area between the parking structure and pedestrian facility, including landscaping, trellises, seating areas, kiosks, water features with seating, plazas, outdoor eating areas, and drinking fountains.
New buildings shall have at least one public entrance oriented to a street. Private streets used to meet this standard shall include the elements identified in Subsection 1005.07(G).
Pedestrian amenities are required between the building and the front lot line. The following guidelines apply to pedestrian amenities used to meet this requirement:
1. Pedestrian areas include plazas, courtyards, outdoor seating areas for restaurants, pocket parks, and atriums when there is direct access for pedestrians. Pedestrian areas in front of buildings should be visible from the street.
2. Pedestrian areas must include landscape planters and at least two of the following amenities for every 100 square feet of pedestrian area: lawn areas with trees and seating; awnings or other weather protection; kiosks; outdoor eating areas with seating; water features with seating; and drinking fountains.
In the RCHDR District, pedestrian amenities are required in the front setback area, except landscaping for privacy may also be provided as an option in the setback area for residential buildings.
Internal streets and driveways are prohibited between buildings and the street to which building entrances are oriented.

1005.09 Fuller Road Station Community Dimensional and Design Standards

Subsection 1005.09 applies in the Fuller Road Station Community, as shown on Comprehensive Plan Map X-CRC-1, Clackamas Regional Center Area Design Plan Regional Center, Corridors and Station Community. Where these standards conflict with other provisions in Section 1000, Subsection 1005.09 shall take precedence. If the text of Subsection 1005.09 is unclear as applied to a specific development, Figures 1005-1 through 1005-11, as applicable, may be used to resolve the ambiguity.

Subsections 1005.09(B) through (M) do not apply in Sectors 1 and 2, as shown on Map 1005-1, until:
1. One or more additional stories are to be added to one or more existing buildings that are more than 150 feet from 82nd Avenue in either Sector 1 or Sector 2. For the purpose of this provision, a mezzanine shall not be considered an additional story; or
2. More than 40,000 square feet of new building area is to be developed in either Sector 1 or Sector 2.
  1. The tally of new square footage will be cumulative starting with new development after March 7, 2011.
  2. If an existing building is expanded, the square footage of the new building outside the existing building footprint will be counted toward the total of 40,000 square feet.
  3. If a mezzanine is added inside an existing building, the square footage of the mezzanine will be counted toward the total of 40,000 square feet.
  4. If one or more stories are added to a building 150 feet or less from 82nd Avenue, as allowed by Subsection 1005.09(A)(1), the additional square footage will be counted toward the total of 40,000 square feet.
  5. If a building is damaged or destroyed, regardless of the cause, and the building is restored or replaced, the square footage of the restored or new building that is constructed inside the previous building footprint will not be counted toward the total of 40,000 square feet, provided that restoration or replacement lawfully commences within three years of the occurrence of the damage or destruction. "Lawfully commenced" shall have the meaning given in Subsection 1206.03(B). However, if the new building has more stories than the previous building, Subsections 1005.09(B) through (M) will become applicable, if required pursuant to Subsection 1005.09(A)(1).
3. Subsections 1005.09(A)(1) and (2) apply separately to Sectors 1 and 2, meaning that compliance with Subsections 1005.09(B) through (M) will not be required in Sector 1 or 2 until that particular sector exceeds the development threshold established by Subsection 1005.09(A)(1) or (2).
4. Prior to the point at which Subsections 1005.09(B) through (M) become applicable, new development in Sectors 1 and 2 shall not be sited such that it:
  1. Precludes establishment of the "conceptual street grid" identified on Map 1005-2, or eliminates or reduces existing elements of that grid. All streets shown on the grid are planned to be Type D.; or
  2. Precludes establishment of a connection, with a Type D street cross section, between a signalized intersection at 82nd Avenue and a point on Fuller Road within the "access area" shown on Map 1005-2.
Minimum Building Height: 20 feet, measured to top of parapet or roof.
Minimum Side and Rear Setbacks: Five feet, except a zero setback is allowed for attached structures. (See Figure 1005-1.)
Maximum Driveway Width: The maximum width of a curb cut for a driveway is 24 feet (not including sidewalks or landscaping) unless otherwise required by the Clackamas County Roadway Standards or applicable fire district. (See Figure 1005-1.)
Regulating Plan: Map 1005-1 is the regulating plan for the Fuller Road Station Community. It identifies each existing or planned street in the Fuller Road Station Community as one of four street types: Type A, B, C, or D. As established by Subsections 1005.09(G) and (L), the building frontage and landscape screening regulations for the Fuller Road Station Community are applied by street type and are thereby “keyed” to the regulating plan.
Streets: Street improvements are required as follows:
1. Except as set forth in Subsection 1005.09(F)(3), the locations of required new streets are shown on Map 1005-1, or will be determined pursuant to Subsection 1005.09(F)(2). New streets shown on Map 1005-1 are intended to create blocks with a perimeter no greater than 2,200 feet. Exact location of these new streets may vary up to 50 feet, provided the maximum block perimeter standard is met and provided that the new streets create the connections/intersections shown on Map 1005-1.
2. In addition to the mapped streets (existing and new) illustrated on Map 1005-1, a through-block connection is required for any block face longer than 450 feet. (See Figure 1005-2.)
  1. "Block face" means the curb to curb distance between any two streets, including Type E pedestrian/bicycle connections.
  2. These additional connections shall:
    1. Have a Type D street cross section or a Type E pedestrian/bicycle connection cross section;
    2. Be located no closer than 100 feet to an adjacent street intersection, whether existing or planned; and
    3. Align with other existing or planned streets or Type E pedestrian/bicycle connections where possible.
3. Subsections 1005.09(F)(1) and (2) do not apply in Sectors 1 and 2 shown on Map 1005-1. Instead, compliance with either Subsection 1005.09(F)(3)(a) or Subsections 1005.09(F)(3)(b) and(c) is required.
  1. Development shall not occur until a connection with a Type D street cross section is constructed between a signalized intersection at 82nd Avenue and a point on Fuller Road within the "access area" shown on Map 1005-2. In addition:
    1. New development shall not be sited such that establishment of the "conceptual street grid" identified on Map 1005-2 is precluded, or existing elements of that grid are eliminated or reduced. All streets shown on the grid are planned to be Type D.
    2. New development is required to complete frontage improvements for all streets upon which it has street frontage, as necessary to achieve consistency with Subsection 1005.09(F)(4).
  2. In lieu of compliance with Subsection 1005.09(F)(3)(a), development shall not occur until an alternative connectivity plan is approved for Sectors 1 and 2 shown on Map 1005-1. This connectivity plan shall:
    1. Connect the on-site transportation system to the existing and planned facilities shown on Map 1005-1;
    2. Provide pedestrian, bicycle, and motor vehicle circulation that meets the needs of future residents and visitors;
    3. Emphasize pedestrian mobility and accessibility, demonstrating an effective and convenient system of pedestrian walkways leading through the subject site;
    4. Provide for bicycle connections and efficient motor vehicle movements through the site;
    5. Except where precluded by existing development, existing interests in real property, natural features, or topography, provide for block faces that do not exceed 450 feet between any two streets;
    6. Include a minimum of three street connections to 82nd Avenue and a minimum of two street connections to Fuller Road. These connections must be Type D streets, and one must connect to Fuller Road within the "access area" shown on Map 1005-2;
    7. Include a phasing plan for completion of the connectivity plan based on the submitted development application or conceptual future development, as appropriate. This phasing plan shall ensure that at no point is the overall connectivity in Sectors 1 and 2 reduced and that at least one connection from 82nd Avenue to Fuller Road is constructed to a Type D street cross section in conjunction with the first phase of new development; and
    8. Comply with the Clackamas County Roadway Standards and the requirements of the Oregon Department of Transportation, as applicable.
  3. Once an alternative connectivity plan is approved:
    1. New development shall not be sited such that establishment of the connections identified on the connectivity plan are precluded, or existing elements of that plan are eliminated or reduced.
    2. New development shall not occur until at least one connection from 82nd Avenue to Fuller Road is constructed to a Type D street cross section. The other connections required by the connectivity plan shall be constructed in a manner consistent with the approved phasing plan. However, at a minimum, if an existing connection is removed as allowed by the connectivity plan, a new connection that provides at least the same degree of connectivity shall be constructed.
    3. New development is required to complete frontage improvements for all streets upon which it has street frontage, as necessary to achieve consistency with Subsection 1005.09(F)(4). Frontage shall be determined based on the approved connectivity plan.
4. Streets and Type E pedestrian/bicycle connections shall be designed in conformance with the design standards shown in Comprehensive Plan Figures X-CRC-8 through X-CRC-11, unless an alternative design is required pursuant to the Clackamas County Roadway Standards or to accommodate fire access, necessary truck circulation, or other engineering factors. An alternative design shall not change the designated street type for purposes of applying the building frontage and landscape screening regulations. Cross section designs for SE Johnson Creek Boulevard and SE 82nd Avenue shall be determined by Clackamas County and the Oregon Department of Transportation.
Building Frontage Types: Four building frontage types are established, each of which is allowed on one or more of the four street types allowed in the Fuller Road Station Community. Subsection 1005.09(G) applies to existing or future Type A, B, C, and D streets, regardless of whether they are shown on Map 1005-1. Table 1005-1 establishes which building frontage types are permitted on each street type. Figure 1005-3 summarizes the four building frontage types.

Table 1005-1: Permitted Building Frontage Type by Street Type

Permitted Building Frontage Type:	Street Type
Landscape	A Street
Linear	A, B, C, and D Streets
Forecourt	A, B, C, and D Streets
Porch/Stoop/Terrace	B, C, and D Streets

Buildings, except parking structures, located wholly or partially within 40 feet of a Type A, B, C, or D street are required to comply with the standards for a building frontage type permitted on the applicable street type.
The entire length of street frontage designated on Map 1005-1 as "building frontage required," or "required retail opportunity area," excluding walkway cuts with a maximum width of eight feet and driveway cuts, shall be developed with one or more buildings that comply with the standards of a building frontage type permitted on the abutting street type.
1. Except along Otty Road, where the building frontage requirement extends the entire length of the street, the "building frontage required" designation extends a distance of 60 feet from the street intersection, and the "required retail opportunity area" designation extends a distance of 100 feet from the street intersection. The beginning point for measurement is the outside edge of the right-of-way, or in the case of a private street, the outside edge of the improved street surface, including any landscape strip or sidewalk.
A minimum of 50 percent of the length of street frontage not designated as "building frontage required" or "required retail opportunity area" shall be developed with one or more buildings that comply with the standards of a building frontage type permitted on the abutting street type. The 50-percent building frontage requirement is calculated for each lot individually, rather than in the aggregate for an entire street.
1. If part of the street frontage is designated as "building frontage required" or "required retail opportunity area," buildings developed pursuant to Subsection 1005.09(G)(2) may be counted toward meeting the 50-percent requirement for the entire street frontage.
If a lot has street frontage on more than one street:
1. Compliance with Subsection 1005.09(G)(2) is required for all street frontage designated as "building frontage required" or "required retail opportunity area."
2. Compliance with Subsection 1005.09(G)(3) is required for only one street frontage, unless one of the frontages is on Otty Road, in which case compliance with Subsection 1005.09(G)(3) is not required.
Lots developed solely with parks and open space uses are exempt from Subsection 1005.09(G)(2) and (3).
Landscape Building Frontage Type: Landscape Building Frontage, which is permitted on Type A Streets, shall comply with the following standards (see Figure 1005-4):
1. Front Setback: The street-facing facade of the building shall be set back a minimum of 10 feet and a maximum of 15 feet.
  1. If it is not possible for a development to comply with the maximum setback standard and the intersection sight distance and roadside clear zone standards of the County Roadway Standards, the setback may be increased to the minimum extent necessary.
  2. The front setback area shall be landscaped with plants, or paved with masonry pavers or stamped concrete.
  3. No parking, storage, or display of motorized vehicles or equipment is allowed in the front setback area.
  4. Building service and utility equipment and outdoor storage of garbage or recycling is not permitted along the street-facing building facade or in the front setback area, except:
    1. Garbage and recycling receptacles for public use are permitted, provided that they do not exceed 35 gallons in size and are clad in stone or dark-colored metal.
  5. Fences: Fences and walls are permitted in the front setback area, subject to the following standards:
    1. The fence or wall shall be a maximum of three feet high.
    2. A fence shall be wrought iron, steel, or a similar metal and shall be dark in color. Chain-link fences are prohibited.
    3. A wall shall be wood, masonry, concrete, or a combination thereof.
    4. A fence shall be a minimum of 20 percent transparent. The transparent portions of the fence shall be distributed along the length of the fence in a recognizable pattern (e.g., two-inch gaps alternating with eight-inch solid sections).
2. Minimum Ground Floor Height: The ground floor of the building shall measure a minimum of 15 feet from floor to ceiling.
3. Minimum Building Depth: Buildings shall be a minimum of 40 feet deep.
4. Building Entrances: Building entrances shall either be covered by an awning or canopy, or be covered by being recessed behind the front building facade. If an awning or canopy is provided, it shall have a minimum vertical clearance of eight feet and a maximum vertical clearance of 13 ½ feet. If only a recessed entry is provided, it shall be recessed behind the front facade a minimum of three feet.
5. Primary Building Entrances: Each building shall have at least one building entrance that faces the street and is directly connected to a public sidewalk by a walkway that is a minimum of five feet wide.
  1. If the entrance serves a business (other than a home occupation), the entrance must be open to the public during regular business hours.
  2. If a fence or wall is within the front setback area as provided in Subsection 1005.09(H)(1)(e), a pedestrian opening a minimum of five feet wide shall be provided for the walkway.
6. Windows: Transparent ground-floor windows shall be provided along a minimum of 60 percent of the ground-floor, street-facing facade area.
7. Building Materials: Exterior building materials and finishes shall be masonry, architecturally treated tilt-up concrete, glass, wood, stucco, metal, or a combination of these materials. The surfaces of metal exterior building materials that are subject to rust or corrosion shall be coated to inhibit such rust and corrosion, and the surfaces of metal exterior building materials with rust or corrosion shall be stabilized and coated to inhibit future rust and corrosion..
Linear Building Frontage Type: Linear Building Frontage, which is permitted on all street types, shall comply with the following standards (see Figure 1005-5):
1. Front Setback: The street-facing facade of the building shall be set back a maximum of five feet. There is no minimum front setback.
  1. If it is not possible for a development to comply with the maximum setback standard and the intersection sight distance and roadside clear zone standards of the County Roadway Standards, the setback may be increased to the minimum extent necessary.
  2. The front setback area, if any, shall be landscaped with plants, or paved with masonry pavers or stamped concrete.
  3. No parking, storage, or display of motorized vehicles or equipment is allowed in the front setback area.
  4. Building service and utility equipment and outdoor storage of garbage or recycling is not permitted along the street-facing building facade or in the front setback area, except:
    1. Garbage and recycling receptacles for public use are permitted, provided that they do not exceed 35 gallons in size and are clad in stone or dark-colored metal.
  5. Fences: Fences and walls are permitted in the front setback area, subject to the following standards:
    1. The fence or wall shall be a maximum of three feet high.
    2. A fence shall be wrought iron, steel, or a similar metal and shall be dark in color. Chain-link fences are prohibited.
    3. A wall shall be wood, masonry, concrete, or a combination thereof.
    4. A fence shall be a minimum of 20 percent transparent. The transparent portions of the fence shall be distributed along the length of the fence in a recognizable pattern (e.g., two-inch gaps alternating with eight-inch solid sections).
2. Minimum Ground Floor Height: The ground floor of the building shall measure a minimum of 15 feet from floor to ceiling, except when the building is designed to accommodate residential uses, in which case the minimum floor-to-floor height shall be 12 feet.
3. Ground Floor Construction Type: In areas designated "required retail opportunity area" on Map 1005-1, the ground floor construction type shall meet at least the minimum requirements for a commercial use, as set forth in the current edition of the Oregon Structural Specialty Code.
4. Minimum Building Depth: In areas designated "required retail opportunity area" on Map 1005-1, buildings shall be a minimum of 40 feet deep.
5. Weather Protection: Awnings or canopies shall be provided for a minimum of 50 percent of the linear distance of the street-facing building facade and shall comply with the following:
  1. Awnings and canopies shall project a minimum of five feet and a maximum of eight feet over the sidewalk.
  2. Awnings and canopies shall have a minimum vertical clearance of eight feet and a maximum vertical clearance of 13 ½ feet.
6. Building Entrances: Building entrances shall either be covered by an awning or canopy, or be covered by being recessed behind the front building facade. If an awning or canopy is provided, it shall have a minimum vertical clearance of 8 feet and a maximum vertical clearance of 13 ½ feet. If only a recessed entry is provided, it shall be recessed behind the front facade a minimum of three feet.
7. Primary Building Entrances: Primary building entrances shall face the street and be a minimum of 40 percent transparent. The minimum amount of transparency is measured as a percentage of the total area of the entrance.
  1. Primary building entrances shall open onto an abutting public sidewalk, or be directly connected to a public sidewalk by a walkway that is a minimum of five feet wide.
  2. If the entrance serves a business (other than a home occupation), the entrance must be open to the public during regular business hours.
  3. If a fence or wall is within the front setback as provided in Subsection 1005.09(I)(1)(e), a pedestrian opening a minimum of five feet wide shall be provided for the walkway.
8. Windows: Transparent ground-floor windows shall be provided along a minimum of 60 percent of the ground-floor, street-facing facade area.
9. Building Materials: Exterior building materials and finishes shall be masonry, architecturally treated tilt-up concrete, glass, wood, stucco, metal, or a combination of these materials. The surfaces of metal exterior building materials that are subject to rust or corrosion shall be coated to inhibit such rust and corrosion, and the surfaces of metal exterior building materials with rust or corrosion shall be stabilized and coated to inhibit future rust and corrosion.
Forecourt Building Frontage Type: Forecourt Building Frontage, which is permitted on all street types, shall comply with the following standards (see Figure 1005-6):
1. Front Setback: The street-facing facade of the building shall be set back a maximum of five feet. There is no minimum front setback. Except for the portion of the facade located behind a recessed courtyard, as required by Subsection 1005.09(J)(2), the street-facing facade of the building shall be built to the chosen setback line.
  1. If it is not possible for a development to comply with the maximum setback standard and the intersection sight distance and roadside clear zone standards of the County Roadway Standards, the setback may be increased to the minimum extent necessary.
  2. No parking, storage, or display of motorized vehicles or equipment is allowed in the front setback area or in the required courtyard. Bicycle parking may be permitted in the courtyard, subject to compliance with Section 1015, Parking and Loading.
  3. Building service and utility equipment and outdoor storage of garbage or recycling is not permitted along the street-facing building facade, in the front setback area, or in the required courtyard, except:
    1. Garbage and recycling receptacles for public use are permitted, provided that they do not exceed 35 gallons in size and are clad in stone or dark-colored metal.
2. Courtyard: A recessed courtyard is required and shall comply with the following standards:
  1. The courtyard shall be set back from the street-facing building facade a minimum of 10 feet and a maximum of 30 feet.
  2. The courtyard shall not be covered.
  3. The courtyard shall be landscaped with plants, or paved with masonry pavers or stamped concrete.
  4. The courtyard shall span a minimum of 20 feet along the street-facing building facade and a maximum of 50 percent of the street-facing building facade. As a result, the building must have a street-facing building facade of at least 40 feet wide.
3. Incorporation of Linear Building Frontage Type: The street facing-building facade not located behind a recessed courtyard shall comply with the standards for the Linear Building Frontage Type in Subsection 1005.09(I).
4. Minimum Ground Floor Height: The ground floor of the building shall measure a minimum of 15 feet from floor to ceiling, except when the building is designed to accommodate residential uses, in which case the minimum floor-to-floor height shall be 12 feet.
5. Ground Floor Construction Type: In areas designated "required retail opportunity area" on Map 1005-1, the ground floor construction type shall meet at least the minimum requirements for a commercial use, as set forth in the current edition of the Oregon Structural Specialty Code.
6. Primary Building Entrances: Primary building entrances shall face the street or the courtyard and be a minimum of 40 percent transparent. The minimum amount of transparency is measured as a percentage of the total area of the entrance.
  1. Primary building entrances facing the street shall open onto an abutting public sidewalk, or be directly connected to a public sidewalk by a walkway that is a minimum of five feet wide.
  2. If the entrance serves a business (other than a home occupation), the entrance must be open to the public during regular business hours.
7. Windows: Transparent ground-floor windows shall be provided along a minimum of 50 percent of the ground-floor, courtyard-facing facade area. See the Linear Building Frontage Type for window requirements for the street-facing facade.
8. Building Materials: Exterior building materials and finishes shall be high-image, such as masonry, architecturally treated tilt-up concrete, glass, wood, stucco, metal, or a combination of these materials. The surfaces of metal exterior building materials that are subject to rust or corrosion shall be coated to inhibit such rust and corrosion, and the surfaces of metal exterior building materials with rust or corrosion shall be stabilized and coated to inhibit future rust and corrosion.
9. Fences: Fences and walls are permitted in the courtyard setback area, subject to the following standards:
  1. The fence or wall shall be a maximum of three feet high.
  2. A fence shall be wrought iron, steel, or a similar metal and shall be dark in color. Chain-link fences are prohibited.
  3. A wall shall be wood, masonry, concrete, or a combination thereof.
  4. A fence shall be a minimum of 20 percent transparent. The transparent portions of the fence shall be distributed along the length of the fence in a recognizable pattern (e.g., two-inch gaps alternating with eight-inch solid sections).
  5. A minimum of one pedestrian opening per courtyard street frontage shall be provided in the fence or wall. Required pedestrian openings shall be a minimum of five feet wide.
Porch/Stoop/Terrace Building Frontage Type: Porch/Stoop/Terrace Building Frontage, which is permitted on Type B, C, and D Streets, shall comply with the following standards (see Figure 1005-7):
1. Front Setback: The street-facing facade of the building shall be set back a minimum of five feet and a maximum of 15 feet. Entry thresholds, including roofs over the thresholds and steps to the thresholds, may extend to the front property line.
  1. If it is not possible for a development to comply with the maximum setback standard and the intersection sight distance and roadside clear zone standards of the County Roadway Standards, the setback may be increased to the minimum extent necessary.
  2. The front setback area shall be landscaped with plants. Hardscaping is permitted only to provide access to the threshold and shall consist of masonry pavers or concrete.
  3. No parking, storage, or display of motorized vehicles or equipment is allowed in the front setback area.
  4. Building service and utility equipment and outdoor storage of garbage or recycling is not permitted along the street-facing building facade or in the front setback area, except:
    1. Garbage and recycling receptacles for public use are permitted, provided that they do not exceed 35 gallons in size and are clad in stone or dark-colored metal.
  5. Fences: Fences and walls are permitted in the front setback area, subject to the following standards:
    1. The fence or wall shall be a maximum of three feet high.
    2. A fence shall be wrought iron, steel, or a similar metal and shall be dark in color. Chain-link fences are prohibited.
    3. A wall shall be wood, masonry, concrete, or a combination thereof.
    4. A fence shall be a minimum of 50 percent transparent. The transparent portions of the fence shall be distributed along the length of the fence in a recognizable pattern (e.g., two-inch gaps alternating with two-inch solid sections).
2. Entry Threshold: An entry threshold, such as a porch, stoop, terrace, patio, or light court, is required and shall comply with the following standards:
  1. The entry threshold shall have a minimum depth of five feet from the street-facing building facade to the front of the threshold.
  2. The entry threshold height shall be no more than six feet above finished grade. An additional threshold may be provided to access a lower level and shall be no more than five feet below finished grade.
  3. The entry threshold may be covered by a roof no larger than the threshold.
3. Primary Building Entrances: Primary building entrances shall face the street and be a minimum of 10 percent transparent. The minimum amount of transparency is measured as a percentage of the total area of the entrance. Each ground-floor dwelling unit, if any, shall have an individual entrance that complies with this requirement.
4. Windows: Transparent windows shall be provided along a minimum of 20 percent of the street-facing facade area. Windows shall be vertically oriented, but vertical windows may be grouped together to create square or horizontally-oriented rectangular windows.
5. Building Materials: Exterior building materials and finishes shall be high-image, such as masonry, architecturally treated tilt-up concrete, glass, wood, stucco, metal, or a combination of these materials. The surfaces of metal exterior building materials that are subject to rust or corrosion shall be coated to inhibit such rust and corrosion, and the surfaces of metal exterior building materials with rust or corrosion shall be stabilized and coated to inhibit future rust and corrosion.
Landscape Screening Types: Street frontage not developed with a building compliant with one of the four building types established by Subsections 1005.09(H) through (K), a walkway cut with a maximum width of eight feet, or a driveway cut, shall be developed with one of three landscape screening types, each of which is allowed on one or more of the four street types allowed in the Fuller Road Station Community. Table 1005-2 establishes which landscape screening types are permitted on each street type. Figure 1005-8 summarizes the three landscape screening types. If the subject property abuts an existing or future Type A, B, C, or D Street -- regardless of whether it is shown on Map 1005-1—compliance is required with the standards for a landscape screening type permitted on the applicable street type.

Table 1005-2: Permitted Landscape Screening Type by Street Type

Permitted Landscape Screening Type	Street Type
Low Wall and Trellis	A, B, C, and D Streets
Urban Fence or Wall	A, B, C, and D Streets
Landscaped Setback	A, B, and C Streets

Low Wall and Trellis Landscape Screening Type: Low Wall and Trellis Screening, which is permitted on all street types, shall comply with the following standards (see Figure 1005-9):
1. The low wall and the support structure for the trellis shall be set back a maximum of five feet from the front lot line. The trellis itself may extend to the front lot line, or may overhang an abutting sidewalk or walkway if permitted by the County Engineering Division.
2. Any area between the back edge of the sidewalk or walkway and the low wall shall be planted with ground cover or shrubs, or paved with masonry pavers or stamped concrete. Shrubs at maturity shall not exceed the height of the low wall.
3. The underside of the trellis portion of a Low Wall and Trellis shall be a minimum of eight feet above grade and a maximum of 13½ feet above grade.
4. The trellis shall be heavy timber or steel (or a similar metal) and shall consist of an open structure with no decking or awning material. The trellis shall have masonry, heavy timber, or steel (or similar metal) supporting columns spaced no more than 30 feet on center.
5. The low wall portion of a Low Wall and Trellis shall be a minimum of 18 inches high and a maximum of three feet high (30 inches if it is between a parking lot and a street) and have a minimum depth of 16 inches. The low wall shall be wood, masonry, concrete, or a combination thereof.
6. Surface parking and loading areas shall be set back a minimum of five feet from the Low Wall and Trellis. Low shrubs, groundcover, and climbing plants shall be provided in this setback area, in lieu of trees ordinarily required pursuant to Section 1009 for perimeter surface parking and loading area landscaping. Climbing plants shall be planted at each support column.
7. Openings in the Low Wall and Trellis Screening are permitted for plazas that comply with Subsection 1005.09(M).
Urban Fence or Wall Screening Type: Urban Fence or Wall Screening, which is permitted on all street types, shall comply with the following standards (see Figure 1005-10):
1. The fence or wall shall be set back a maximum of five feet from the front lot line.
2. Any area between the back edge of the sidewalk or walkway and the fence or wall shall be paved with masonry pavers or stamped concrete.
3. The fence or wall shall be a minimum of two feet high and a maximum of three feet high (30 inches if it is between a parking lot and a street).
4. A fence shall be wrought iron, steel, or a similar material and shall be dark in color. Chain-link fences are prohibited. A fence shall be a minimum of 50 percent transparent. The transparent portions of the fence shall be distributed along the length of the fence in a recognizable pattern (e.g., two-inch gaps alternating with two-inch solid sections).
5. A wall shall be wood, masonry, concrete, or a combination thereof.
6. Surface parking and loading areas shall be set back a minimum of five feet from the Urban Fence or Wall. This area shall be landscaped as follows:
  1. One large tree is required a minimum of every 30 linear feet, except where a waiver is necessary to comply with the intersection sight distance and roadside clear zone standards of the County Roadway Standards.
  2. A minimum of six shrubs is required every 30 linear feet along the fence or wall. The minimum shrub height at maturity shall be the same as the height of the fence or wall, and the maximum shall be six feet.
  3. Ground cover plants must fully cover any remaining area at maturity.
7. Openings in the Urban Fence or Wall Screening are permitted for plazas that comply with Subsection 1005.09(M).
Landscaped Setback Screening Type: Landscaped Setback Screening, which is permitted on Type A, B, and C Streets, shall include a landscape strip a minimum of 10 feet wide adjacent to the property line. This area shall be landscaped as follows (see Figure 1005-11):
1. A continuous row of shrubs shall be planted at the inside edge of the landscape strip. The shrubs shall be a minimum of three feet high (maximum 30 inches between a parking lot and a street), and shall be mostly opaque year round.
2. One large tree is required a minimum of every 30 linear feet except where a waiver is necessary to comply with the intersection sight distance and roadside clear zone standards of the County Roadway Standards. The required shrub row may be interrupted with a gap of up to two feet wide, in order to accommodate each tree.
3. Ground cover plants must fully cover any remaining area at maturity.
4. A three-foot-high masonry wall (30 inches between a parking lot and a street) may be substituted for the shrub row, but the trees and groundcover plants are still required.
5. Openings in the Landscaped Setback Screening are permitted for plazas that comply with Subsection 1005.09(M).
Plazas: Openings in required landscape screening are permitted for plazas, subject to the following standards:
1. The plaza shall be permanent space open to the public.
2. The plaza shall be integrated in the development and be accessible from and visible from the street(s) upon which it fronts.
3. The plaza shall be surfaced with masonry pavers or stamped concrete.
4. Ten percent of the total plaza area shall be landscaped. Landscape planters may count toward this requirement.
5. If the plaza abuts a surface parking or loading area, it shall be separated from that area by a landscape strip that complies with Subsection 1009.04(B).

1005.10 PMU District Standards

Subsection 1005.10 applies in the PMU District. Where these standards conflict with other provisions of Section 1000, Subsection 1005.10 shall take precedence.

Access and Circulation: Onsite circulation shall meet the minimum requirements shown on Comprehensive Plan Map X-CRC-3, Clackamas Regional Center Area Design Plan, Urban Design Elements, and in addition:
1. An internal circulation system shall include a network of public, private, and internal streets subject to Subsection 1005.07(G) through (I). Private streets shall function like local streets, with curbs, sidewalks, or raised walking surfaces on both sides, street trees, pedestrian scale lighting, and connections to state, county, or public streets. This internal street network shall create developable sites defined by streets.
  
  In addition, the internal circulation system may include a range of secondary facilities, including service roads, driveways, drive aisles, and other similar facilities. The overall intent is to provide a pattern of access and circulation that provides a clear and logical network of primary streets that have pedestrian orientation and amenities. A secondary network of pedestrian ways and vehicular circulation will supplement this system.
2. Internal driveways shall not be located between buildings and the streets to which building entrances are oriented.
Building Siting and Design:
1. New buildings shall have at least one public entrance oriented to a state, county, public, or private street.
2. Buildings shall have first floor windows with views of internal activity or display cases, and the major entrance on the building facade facing the street the building is oriented to. Entrances and windows on the street-side facade shall not be blocked, or entrances locked during operation hours. Additional major entrances may also be allowed facing minor streets and parking areas.
3. Buildings on street corners shall have corner entrances or other architectural features to enhance the pedestrian environment at the intersection.
4. First floor windows or display cases are required on building facades facing and adjacent to public and private streets, plazas, walkways, and pedestrian areas. Windows and doorways shall not be blocked or entrances locked during operation hours.
5. Parking structures located within 20 feet of pedestrian facilities including public or private streets, pedestrian ways, greenways, a transit station or shelter, or plaza, shall provide a quality pedestrian environment on the facade facing the pedestrian facility. Techniques to use include, but are not limited to:
  1. Provide retail, office or similar uses on the ground floor of the parking structure with windows and activity facing the pedestrian facility; or,
  2. Provide architectural features that enhance the first floor of the parking structure adjacent to the pedestrian facility, such as building articulation, awnings, canopies, building ornamentation, and art; or,
  3. Provide pedestrian amenities in the transition area between the parking structure and the pedestrian facility, including landscaping, trellises, trees, seating areas, kiosks, water features with a sitting area, plazas, outdoor eating areas, and drinking fountains.
  4. The above listed techniques and features, and others of similar nature, must be used so that blank walls are not created.
Buffering: When existing residential uses are located adjacent to a PMU site, such uses shall be buffered from the PMU site with landscaped buffers or by the location of streets, parks, plazas, greenways, or low density residential uses in the PMU District.

1005.11 Sunnyside Village Standards

Subsection 1005.11 applies in Sunnyside Village, as identified on Comprehensive Plan Map X-SV-1, Sunnyside Village Plan Land Use Plan Map. Where these standards conflict with other provisions in Section 1000, Subsection 1005.11 shall take precedence.

Primary Dwellings in the VTH District: In the VTH District, the following standards apply to primary dwellings:
1. Primary entries shall be accessed directly from a street right-of-way and shall be visible from the street.
2. Porches are required for each unit and shall be located immediately adjacent to the primary entry. Porches shall cover a minimum of 50 percent of the primary facade (not including the garage) with a minimum net depth of six feet.
3. Front facades shall be designed with balconies and/or bays. Facades facing a street right-of-way or designated accessway shall not consist of a blank wall.
4. Window trim shall not be flush with exterior wall treatment. Windows shall be provided with an architectural surround at the jamb, head, and sill.
5. Hipped, gambrel, or gabled roofs are required. Flat roofs are prohibited.
6. Townhouses shall orient to and line streets with a series of attached "rowhouse" units.
Garages and Driveways in the VTH District: In the VTH District, the following standards apply:
1. A detached garage may be placed at the rear of a lot.
2. A front-access garage attached to the dwelling structure shall be recessed a minimum of two feet behind the front facade (not including porches, bays, and architectural features) and a minimum of 20 feet from the street right-of-way.
3. A minimum two-foot-deep trellis or bay window shall be placed above the garage opening. The trellis shall extend the full width of the garage, and the bay window shall be a minimum of eight feet in width.
4. If located in the front, the garage opening and the driveway shall not exceed a width of 10 feet.
5. If a lot abuts an alley, then garage access from the street is prohibited.
Site Design in the VA District: Except on Sunnyside Road, multifamily dwellings shall orient to and line the streets.
Entries in the VA District: In the VA District, entries are subject to the following standards:
1. Primary entries shall be accessed directly from a street right-of-way and shall be visible from the street.
2. Secondary entries may face parking lots or loading areas.
3. Ground floor units should have entries directly from the street; upper story units may share one or more entries.
Facades in the VA District: In the VA District, facades are subject to the following standards:
1. Building facades shall be designed, at a minimum, with windows, entries, balconies, and bays. Towers, or other special vertical elements, may be used in a limited fashion to focus views to the area from surrounding streets. Facades facing a street right-of-way or pedestrian path shall not consist of a blank wall.
2. Windows shall be frequent and coordinate with bays and balconies. Vertical proportions and divided lights are preferred. Window trim shall not be flush with exterior wall treatment. Windows shall be provided with an architectural surround at the jamb, head, and sill. All windows facing the front street shall be double-hung or casement windows.
Roofs in the VA District: In the VA District, hipped, gambrel, or gabled roofs are required. Flat roofs are prohibited except for mechanical equipment areas.
Building Materials in the VA District: In the VA District, exterior finishes shall be primarily wood and/or masonry. Human-scaled building elements and finishes are encouraged.
Site Design in the VCS District: In the VCS District, the following standards shall apply:
1. The buildings occupying areas adjacent to the village green shall face the village green and traffic circle to better integrate with the surrounding neighborhood. Parking shall be to the rear of the buildings.
2. Circulation facilities, architectural features, signing, and landscaping shall be designed for pedestrian safety and convenience.
Site Design in the VO District: In the VO District, the following standards shall apply:
1. Driveway access from 142nd Avenue and Sunnyside Road shall be prohibited. Access shall be off of 145th Avenue and Princeton Village Way.
2. A group of small low-rise buildings shall be required, oriented toward the primary surrounding streets and the adjacent multifamily dwellings and townhouses, to better integrate with the neighborhood.
3. Circulation facilities, architectural features, signing, and landscaping shall be designed for pedestrian safety and convenience.
Facades in the VCS District: In the VCS District, facades are subject to the following standards:
1. Building facades shall be designed with windows, entries, and/or bays. Sides or rears of buildings shall not consist of an undifferentiated wall when facing a public street.
2. Towers, or other special vertical elements, may be used in a limited fashion to focus views to the area from surrounding streets.
3. Consistent design elements shall be used throughout the VCS area to ensure that the entire complex is visually and functionally unified.
4. Windows shall be placed with no more than six feet of blank non-window wall space in every 25 feet of frontage and shall be coordinated with bays and balconies. Square or vertical proportions are preferred. Window trim shall not be flush with exterior wall treatment. Windows shall be provided with an architectural surround at the jamb, head, and sill. All windows shall be placed so that their sills are at least two feet above floor level. Glass walls and reflective glass are prohibited.
5. Awnings shall have clearance of a minimum eight feet above sidewalks and walkways for pedestrian access.
Facades in the VO District: In the VO District, facades are subject to the following standards:
1. Building facades shall be designed with windows, entries, or bays. Sides or rears of buildings shall not consist of an undifferentiated wall when facing a public street, an accessway, or a residential area.
2. Towers, or other special vertical elements, may be used in a limited fashion to focus views to the area from surrounding streets.
3. Consistent design elements shall be used throughout the office area to ensure that the entire complex is visually and functionally unified.
4. There shall be no more than six feet of blank non-window wall space in every 25 feet of frontage. Windows shall be coordinated with bays and balconies. Square or vertical proportions are preferred. Windows shall not be flush with exterior wall treatment. Windows shall be provided with an architectural surround at the jamb, head, and sill. All windows shall be placed so that their sills are at least two feet above floor level. Glass walls and reflective glass are prohibited.
5. Awnings shall have clearance of a minimum eight feet above sidewalks and walkways for pedestrian access.
6. Arcades may be used along public street rights-of-way or along walkways within the complex of buildings.
Roofs in the VCS and VO Districts: In the VCS and VO Districts, hipped, gambrel or gabled roofs are required. Flat roofs are not permitted except for mechanical equipment areas.
Building Materials in the VCS and VO Districts: In the VCS and VO Districts, exterior finishes of buildings shall be primarily of materials such as masonry, wood siding or shingles, stucco, metal, or similar material. The surfaces of metal exterior finishes that are subject to rust or corrosion shall be coated to inhibit such rust and corrosion, and the surfaces of metal exterior finishes with rust or corrosion shall be stabilized and coated to inhibit future rust and corrosion. Cinder block and T1-11 are prohibited as exterior wall material.

1005.12 Government Camp Standards

Subsection 1005.12 applies in Government Camp. Where these standards conflict with other provisions in Section 1000, Subsection 1005.12 shall take precedence.

MRR District: In the MRR District, the following standards shall apply to commercial developments.
1. Exterior Building Materials: Primary and accessory structures shall use wood, stone, stone veneer, or stucco in exterior construction. Stucco and textured concrete may be used as secondary materials. Stucco must be acrylic-based and combined with heavy timber, wood, or stone cladding. A rock, rock veneer, or textured concrete base shall be provided around building exteriors visible from roadways. No exposed plywood, particle board, plain concrete, cinder block, or grooved T1-11 is permitted.
2. Roofing Materials: No composition shingles are allowed. Metal roofing materials that are subject to rust or corrosion shall be coated to inhibit such rust and corrosion, and metal roofing materials with rust or corrosion shall be stabilized and coated to inhibit future rust and corrosion.
3. Design: Building design shall meet the design intent of mountain architecture as described in the Government Camp Design Guidelines Handbook. Examples of mountain architecture include "Cascadian", "Oregon Rustic", and the "National Park Style".
RTC District: In the RTC District, the following standards shall apply to all new development and, where reasonable, to remodels.
1. Main Entrance Siting: Properties with street frontage on Government Camp Loop shall locate the main entrance and pedestrian amenities on Government Camp Loop.
2. Walkways: Walkways parallel to Government Camp Loop are not required; however, if a walkway is extended from the existing 10-foot-wide sidewalk fronting Government Camp Loop, it shall be constructed of materials consistent with the existing 10-foot-wide sidewalk. Covered walkways may be provided along the building frontage of development on properties with street frontage on Government Camp Loop from Wy'East Trail to Olive Street and on Little Trail from Olive Street to Church Street. When a covered walkway is constructed, it shall be a permanent structure at a minimum of 8 feet in width and attached to the building, shall not project beyond the lot lines, and shall be consistent with the building design and materials and existing 10-foot-wide sidewalk fronting Government Camp Loop. A covered walkway shall extend along the entire frontage of the building.
3. Exterior Building Materials: Building and accessory structures shall use wood, stone, stone veneer, or stucco in exterior construction. Stucco and textured concrete may be used as secondary materials. Stucco must be acrylic-based and combined with heavy timber, wood, or stone cladding. A rock, rock veneer, or textured concrete base shall be provided around building exteriors with street frontage. No exposed plywood, particle board, plain concrete, cinder block, or grooved T1-11 is permitted.
4. Roofing Materials: No non-architectural composition shingles are allowed. Metal roofing materials that are subject to rust or corrosion shall be coated to inhibit such rust and corrosion, and metal roofing materials with rust or corrosion shall be stabilized and coated to inhibit future rust and corrosion.
5. Design: Building design shall meet the design intent of mountain architecture styles as described in the Government Camp Village Design Guidelines Handbook. Examples of mountain architecture include "Cascadian", "Oregon Rustic", and the "National Park Style".
6. Loading: Loading and delivery shall not be located on Government Camp Loop unless there is no other access.

[Amended by Ord. ZDO-224, 05/31/2011; Amended by Ord. ZDO-243, 09/09/13; Amended by Ord. ZDO-246, 03/01/14; Amended by Ord. ZDO-249, 10/13/2014; Amended by Ord. ZDO-250, 10/13/2014; Amended by Ord. ZDO-252, 06/01/2015; Amended by Ord. ZDO-266, 05/23/2018; Amended by Ord. ZDO-268, 10/02/2018; Amended by Ord. ZDO-280, 10/23/2021; Amended by Ord. ZDO-282, 07/01/2022; Amended by Ord. ZDO-283, 09/05/2023; Amended by Ord. ZDO-293, 09/08/2026]

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ZDO 1004: Historic Protection

1004.01 Purpose

To preserve structures, sites, objects, and areas within Clackamas County having historic, cultural, or archaeological significance.

1004.02 Standards

Refer to Section 707 for standards and provisions related to historic/cultural resource designation and County review of any proposed alteration.
All developments shall be planned, designed, constructed, and maintained to assure protection of any designated historic or cultural resource on or near the site. Restrictions on development may include:
1. Clustering of buildings and incorporation of historic-cultural resources into site design in a manner compatible with the character of such resources.
2. Limitations on site preparation and grading to avoid disturbances of areas within any historic or archaeological sites, monuments or objects of antiquity.
3. Provision of adequate setbacks and buffers between the proposed development and the designated resources.
The County may attach additional conditions with respect to the following design factors in protecting the unique character of historic/cultural resources:
1. Architectural compatibility;
2. Proposed intensity of development;
3. Relationship to designated open space;
4. Vehicular and pedestrian access;
5. Proposed building or structural mass in relation to the designated resource.

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ZDO 904: Height Exceptions

Maximum building and structure height standards established by this Ordinance do not apply to barns, silos, and other farm buildings or structures on farms; spires on places of worship;belfries; clock towers; cupolas and domes; monuments; water towers; fire and hose towers;observation towers; transmission towers; amateur (Ham) radio antennas and towers; windmills;chimneys; smokestacks; radio and television transmission and receiving towers; masts and antennas; and solar collection apparatus. Notwithstanding this provision, maximum height standards established by Section 835, Wireless Telecommunication Facilities, continue to apply.

[Amended by Ord. ZDO-266, 5/23/18; Amended by Ord. ZDO-268, 10/2/18]

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ZDO 903: Setback Exceptions

903.01 Applicability

Section 903 applies in all zoning districts except that only the minimum setback exemptions for bus shelters apply in the BP, GI, HDR, LI, RCHDR, and SHD Districts.

903.02 Minimum Front Setback Modifications

The minimum front setback standard is reduced if one or both lots adjoining the subject lot, and with frontage on the same road as the subject lot, are developed with structures, other than accessory structures, whose front setback from that fronting road is lawfully nonconforming.
1. For the purpose of Subsection 903.02(A):
  1. Lawfully nonconforming does not include a structure whose front setback was reduced through approval of a front setback variance.
  2. If the adjoining lot is a flag lot, that lot is excluded, and the next lot is included.
2. If both adjoining lots qualify under Subsection 903.02(A), then the minimum front setback for the subject lot is the average of the setbacks on the two adjoining lots. (See Figure 903-1.)

Figure 903-1 Front Setback Modification - Two Adjoining Lots

If only one adjoining lot qualifies under Subsection 903.02(A), then the minimum front setback for the subject lot is the average of the setback that would be required without an exception and the setback on the adjoining lot with the nonconforming setback.
Bus shelters are exempt from minimum front setback standards.

903.03 Public Dedications

Minimum setback standards do not apply to existing structures whose setback is reduced by a public dedication. Additions to such structures that do not comply with the minimum front setback shall be allowed pursuant to Subsection 903.02(B).

903.04 Rear And Side Setback Exemptions

The following structures are exempt from minimum rear and side setback standards:

Underground structures, except there is no exemption where the perimeter wall of the structure is above finished grade or for openings into the structure, including doors, windows, skylights, plumbing, intake vents, and exhaust vents;
Ground-mounted solar energy systems extending less than six feet above finished grade;
Rainwater collection facilities extending less than six feet above finished grade; and
Bus shelters.

903.05 Projections Into Required Setbacks

Architectural features and certain structures may project into minimum setbacks, as follows:

Architectural features may project a maximum of one-third the distance of the minimum setback, and a maximum of 40 inches into a minimum front setback.
Open, unenclosed fire escapes may project a maximum of four feet

903.06 Decks And Similar Structures

Unless the subject zoning district provides for a lesser setback, the minimum setbacks for a deck, patio, porch, terrace, or underground structure are 10 feet from front and rear lot lines and three feet from side lot lines, provided:

The structure shall not be covered; and
The structure shall not extend more than 30 inches above finished grade.

903.07 Fences and Walls

Minimum setback standards do not apply to fences or walls unless the standard explicitly refers to fences or walls.

903.08 Flag Lots

A. On flag lots, Tthe location of front, side, and rear, and front lot lines of a flag lot may be modified, for the purpose of determining the minimum setbacks, if:

The subject property does not have more than one front lot line; and
One of the following applies:
1. The flagpole through which the property takes motor vehicle access does not enter the property parallel to any lot line that intersects the lot line at which the flagpole terminates;
2. Properties located adjacent to the subject property and further from the road from which the subject property takes motor vehicle access are developed at the maximum density feasible under the current zoning designation as calculated pursuant to Section 1012, Lot Size and Density, and have lawful motor vehicle access from other than the same access as the flag lot;
3. A natural feature (being a slope regulated pursuant to Section 1002, Protection of Natural Features; a mass movement hazard area regulated pursuant to Section 1003, Hazards to Safety; a river, stream, wetland, or other water body as mapped by the Department of State Lands; a Special Flood Hazard Area pursuant to Section 703, Floodplain Management District; a Habitat Conservation Area pursuant to Section 706, Habitat Conservation Area District; or mapped Open Space, as identified on any Comprehensive Plan Map) exists on the subject property and would preclude access being extended across the subject property to serve an adjacent lot or lots.

B. For a flag lot eligible for setback modification pursuant to Subsection 903.08(A), the property owner can choose which lot line is to be the front lot line, so long as it is one of the lot lines that makes up the flag portion of the lot. The rear lot line is the lot line most distant from, and opposite from, the chosen front lot line. See Figure 903-2.

Figure 903-2

Figure 903-2 Lot lines that may be front lot lines

[Amended by Ord. ZDO-224, 05/31/2011; Amended by Ord. ZDO-249, 10/13/2014; Amended by Ord. ZDO-252, 06/01/2015; Amended by Ord. ZDO-266, 05/23/2018; Amended by Ord. ZDO-268, 10/02/2018; Amended by Ord. ZDO-285, 09/03/2024; Amended by Ord. ZDO-293, 09/08/2026]

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ZDO 847: Recreational Vehicles As Second Dwellings

847.01 Standards

A recreational vehicle as a second dwelling requires review as a Type I application pursuant to Section 1307, Procedures, and shall comply with the following standards:

Only one recreational vehicle per lot of record shall be allowed for use as a second dwelling.
The lot of record on which the recreational vehicle will be sited shall:
1. Contain one, and only one, detached single-family dwelling, manufactured dwelling, or prefabricated structure;
2. Not contain any other dwelling, including, but not limited to, dwellings approved pursuant to Section 839, Accessory Dwelling Units, or Section 1204, Temporary Permits; and
3. Not contain a guest house.
The existing primary dwelling on the lot of record shall:
1. Be the primary residence of at least one of the property owners. For purposes of this provision, primary residence means a dwelling in which an owner resides for at least six months in each calendar year; and
2. Contain no portion that is rented as a residential tenancy.
Recreational vehicles to be occupied as second dwellings shall comply with the following standards:
1. Notwithstanding the definition of recreational vehicle in Section 202, Definitions, the recreational vehicle does not need to be licensed. The recreational vehicle shall be titled with the Department of Transportation and shall not have been rendered structurally immobile.
2. The recreational vehicle shall comply with the minimum setback standards for primary dwellings in the applicable zoning district.
3. For purposes of compliance with the standards of any applicable overlay zoning district(s) regulated by Section 700, Special Districts, the recreational vehicle shall be considered a structure. However, the siting of a recreational vehicle as a second dwelling is prohibited in the Floodplain Management District regulated by Section 703, Floodplain Management District.
4. The recreational vehicle shall be located a minimum of 10 feet and a maximum of 100 feet from the primary dwelling. This distance shall be measured from the closest portion of each.
5. The recreational vehicle shall be subject to a written residential rental agreement.
6. The recreational vehicle shall be owned by either the tenant or the property owner.
7. The property owner shall provide essential services to the recreational vehicle space, as described in Oregon Revised Statutes (ORS) 90.100 (15)(b), including:
  1. Sewage disposal, water supply, electrical supply and, if required by applicable law, any drainage system; and
  2. Any other service or habitability obligation imposed by the rental agreement or ORS 90.730, the lack or violation of which creates a serious threat to the tenant's health, safety, or property or makes the rented space unfit for occupancy.
8. The recreational vehicle shall:
  1. Be connected to a sanitary sewer system or to an onsite wastewater treatment system approved by the County. The sewage system shall be installed and connected according to the Oregon Plumbing Specialty Code and Oregon Administrative Rules chapter 340, division 71;
  2. Be provided with a supply of potable water with at least 20 psi (138 kPa) at the supply connection. All plumbing installations in connection with the recreational vehicle shall be made according to the Oregon Plumbing Specialty Code; and
  3. Be provided with electric power, the amount of which shall be equivalent to the amperage required for the recreational vehicle. All electrical installations in connection with the recreational vehicle shall be made according to the Oregon Electrical Specialty Code.
9. The recreational vehicle shall contain a working sink and toilet connected to the sewage system approved pursuant to Subsection 847.01(D)(8)(a).
Neither the recreational vehicle nor the primary dwelling shall be used as a short-term rental.
Approval of a recreational vehicle as a second dwelling 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. "Implemented" means all necessary County development permits shall be obtained and maintained for the siting of the recreational vehicle on the property.

[Added by Ord. ZDO-285, 9/3/2024]

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ZDO 846: Affordable Housing

846.01 Definitions

As used in Section 846, affordable housing means a development in which:
1. Each dwelling unit on the property is made available to own or rent to families with incomes of 80 percent or less of the area median income (AMI) as defined by the U.S. Department of Housing and Urban Development; or
2. The average of all dwelling units on the property is made available to families with incomes of 60 percent or less of AMI; or
3. A manufactured dwelling park is operated that serves only households with incomes of 120 percent or less of AMI; and
4. Whose affordability, including affordability under a covenant as described in Oregon Revised Statutes (ORS) 456.270 to 456.295, is enforceable for a duration of no less than 30 years.
In a Commercial District, affordable housing also means a development with mixed use structures with ground floor commercial units and residential units subject to an affordable housing covenant as provided in ORS 456.270 to 456.295 making the properties affordable to households with incomes between 80 and 120 percent of AMI.

846.02 Standards

Affordable housing shall comply with the following standards:

Ownership: Except for affordable housing defined under Subsection 846.01(B), the affordable housing shall be located on a lot that is owned by:
1. A public body, as defined in ORS 174.109;
2. A nonprofit corporation that is organized as a religious corporation;
3. A nonprofit corporation that is organized as a public benefit corporation whose primary purpose is the development of affordable housing;
4. A housing authority, as defined in ORS 456.005; or
5. A manufactured dwelling park nonprofit cooperative, as defined in ORS 62.803.
Development in Industrial Districts: In the BP and LI Districts, development of affordable housing is permitted only if:
1. The lot is publicly owned;
2. The lot abuts a residential or commercial zoning district; and
3. The development does not include the conversion of a building from a commercial use to a residential use.
Density Standards: If there are no density standards for housing in the applicable zoning district, or for development of affordable housing defined under Subsection 846.01(B), the housing shall be subject to the density standards in the abutting residential or commercial district with the highest maximum density allowance.
Dwelling Type: The dwellings developed shall be of a type allowed under this Ordinance.
Prohibitions: Development of affordable housing is prohibited:
1. On slopes greater than or equal to 25 percent;
2. In a mass movement hazard area regulated by Subsection 1003.02; and
3. In the Floodplain Management District regulated by Section 703, Floodplain Management District.
4. In the Habitat Conservation Area District regulated by Section 706, Habitat Conservation Area District.
5. In the Water Quality Resource Area District regulated by Section 709, Water Quality Resource Area District.

[Added by Ord. ZDO-285, 9/3/2024

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ZDO 845: Triplexes, Quadplexes, Townhouses, And Cottage Clusters

845.01 General Standards

Minimum Lot Size: The subject lot shall be a minimum of:
1. 5,000 square feet for a triplex, except in the VR-4/5 and VR-5/7 Districts, where there is no minimum; and
2. 7,000 square feet for a quadplex or a cottage cluster.
Exemptions: Subsections 845.02 through 845.04 do not apply to middle housing created through a conversion of the following, provided the conversion does not add any building square footage to the existing structure:
1. An existing detached single-family dwelling;
2. An existing detached single-family dwelling with an attached accessory dwelling unit; or
3. An existing duplex.
Prohibition: Development of triplexes, quadplexes, townhouses, and cottage clusters, either through new construction or through a conversion of a detached, single-family dwelling, is prohibited in the Floodplain Management District.

845.02 Triplexes And Quadplexes

Triplexes and quadplexes shall comply with the following standards:

Windows: A minimum of 15 percent of the area of all street-facing facades shall include windows or entrance doors. Facades separated from a street by a dwelling are exempt from compliance with this standard (see Figure 845-1, Window Coverage).
Entry Orientation: At least one external door that enters into a common room of the triplex or quadplex shall comply with the standards of Subsections 845.02(B)(1) and (2). Any triplex or quadplex for which more than 50 percent of its street-facing facade is separated from the street by a dwelling is exempt from meeting these standards.
1. The entrance shall be within eight feet of the longest street-facing wall of the dwelling unit; and
2. The entrance shall either:
  1. Face the street (see Figure 845-2, Entrance Facing the Street);
  2. Be at an angle of up to 45 degrees from the street (see Figure 845-3, Entrance at 45-Degree Angle from the Street);
  3. Face a common outdoor area that is adjacent to the street and is abutted by dwellings on at least two sides (see Figure 845-4, Entrance Facing Common Outdoor Area); or
  4. Open onto a porch (see Figure 845-5, Entrance Opening onto a Porch) that:
    1. Is a minimum of 25 square feet in area; and
    2. Either has at least one entrance facing the street or has a roof.
Driveway Entries: Driveway entries shall comply with the following:
1. The total width of all driveway entries shall not exceed 32 feet.(see Figure 845-6, Driveway Entry Width and Separation on Local Street).
2. Driveway entries may be separated when located on a local street (see Figure 845-6). If entries are separated, they shall comply with the driveway spacing standards of the Clackamas County Roadway Standards.
3. Unless an exception is available under the Clackamas County Roadway Standards, lots of record with more than one street frontage shall access only the street with the lowest functional classification from which the lot has legal access. For lots abutting an improved alley that complies with Comprehensive Plan Figure 5-1e or 10-SV-6, access shall be taken only from the alley.
Garages and Off-Street Parking Areas: Garages and off-street parking areas shall not be located between a building and a public street (other than an improved alley that complies with Comprehensive Plan Figure 5-1e or 10-SV-6), except in compliance with Subsections 845.02(1) and (2).
1. The garage or off-street parking area is separated from the street by a dwelling; or
2. The combined width of all garages and off-street parking areas located between a building and a public street does not exceed a total of 50 percent of the street frontage (see Figure 845-7, Width of Garages and Parking Areas)

845.03 Townhouses

Townhouses shall comply with the following standards:

Setbacks: No minimum side setbacks shall be required from any side lot line where two townhouses share a common wall. No minimum rear setbacks shall be required from any rear lot line where two townhouses share a common wall.
Entry Orientation: At least one external door that enters into a common room of each townhouse shall:
1. Be within eight feet of the longest street-facing wall of the dwelling unit, if the lot has public street frontage; and
2. Either:
  1. Face the street (see Figure 845-2, Entrance Facing the Street);
  2. Be at an angle of up to 45 degrees from the street (see Figure 845-3, Entrance at 45-Degree Angle from the Street);
  3. Face a common open space or access drive or driveway that is abutted by dwellings on at least two sides (see Figure 845-4, Entrance Facing Common Outdoor Area); or
  4. Open onto a porch (see Figure 845-5, Entrance Opening onto a Porch) that:
    1. Is a minimum of 25 square feet in area; and
    2. ii. Either has at least one entrance facing the street or has a roof.
Unit Definition: Each townhouse shall include at least one of the following on at least one street-facing facade (see Figure 845-8, Townhouse Unit Definition). A townhouse development with 20 or more dwelling units is exempt from these design standards.
1. A roof dormer a minimum of four feet in width;
2. A balcony a minimum of two feet in depth and four feet in width and accessible from an interior room;
3. A bay window that extends from the facade a minimum of two feet;
4. An offset of the facade of a minimum of two feet in depth, either from the neighboring townhouse or within the facade of a single townhouse;
5. An entryway that is recessed a minimum of three feet;
6. A covered entryway with a minimum depth of four feet; or
7. A porch meeting the standards of Subsection 845.03(B)(2)(d).
Windows: A minimum of 15 percent of the area of all street-facing facades on each townhouse shall include windows or entrance doors. Fifty percent of the window area in the door of an attached garage may count toward meeting this standard. (see Figure 845-1, Window Coverage)
Driveway Access and Parking: Townhouse lots with frontage on a public street shall comply with the following standards:
1. Attached garages, off-street parking areas, and driveways are allowed to be located between a townhouse and a public street if they meet the following standards:
  1. Each townhouse lot for which the parking is being provided between a townhouse and a public street shall have a minimum of 15 feet of street frontage on a local street.
  2. A maximum of one driveway entry shall be allowed for each townhouse.
  3. Driveways and off-street parking areas shall not exceed 12 feet wide.
  4. The garage width shall not exceed 12 feet, as measured from the inside of the garage door frame.
2. The following standards apply to driveways and parking areas for townhouse developments that do not comply with all of the standards in Subsection 845.03(E)(1).
  1. Off-street parking areas shall not be located between a townhouse and a public street.
  2. Townhouse developments shall consolidate access for all lots into a single driveway. The driveway and entry are not allowed in the area directly between a townhouse and the front lot line (see Figures 845-9, Townhouses on Corner Lot with Consolidated Access, and 845-10, Townhouses with Consolidated Access).
  3. A townhouse development that includes consolidated access shall grant access easements for shared and emergency vehicle access.
3. Townhouse developments in which all townhouses take exclusive access from an improved alley that complies with Comprehensive Plan Figure 5-1e or 10-SV-6 are exempt from Subsection 845.03(E)(2).

845.04 Cottage Clusters

Cottage clusters shall comply with the following standards:

Cluster Size: Dwelling units shall be developed in clusters of four to nine per cluster sharing a common courtyard.
Development Size: A lot of record may contain more than one cottage cluster.
Maximum Ground Floor Area: The maximum ground floor area of each dwelling shall be 900 square feet.
Garages: Each dwelling may have a maximum of 200 square feet for an attached garage that is not included in the maximum ground floor area permitted pursuant to Subsection 845.04(C). Any additional garage square footage shall be deducted from the maximum ground floor area. Dwellings may have detached garages.
Maximum Average Floor Area: The average floor area of all dwellings in a cottage cluster development shall not exceed 1,400 square feet. For the purpose of this provision, floor area of a dwelling includes the area of any attached garage.If the cottage cluster development includes community buildings, the community buildings shall be included in the average floor area calculation.
Maximum Detached Accessory Building Floor Area: 400 square feet per building, except as provided under Subsections 845.04(E) and 845.04(L) for a community building.
Minimum Setbacks: The minimum front and rear setbacks are 10 feet. The minimum side setback is five feet.
Minimum Separation Distance: The minimum distance between dwellings is six feet.
Maximum Lot Coverage: There is no maximum lot coverage for a cottage cluster development.
Dwelling Orientation: Dwellings in a cottage cluster shall comply with the following standards (see Figure 845-11, Cottage Cluster Orientation and Courtyard Standards):
1. Each dwelling shall either abut the common courtyard or else it shall have a door that enters into a common room of the dwelling connected to a walkway leading to the common courtyard.
2. A minimum of 50 percent of dwellings within a cluster shall:
  1. Have a door that enters into a common room of the dwelling and faces the common courtyard;
  2. Be within 10 feet of the common courtyard, as measured from a façade of the dwelling to the nearest edge of the common courtyard; and
  3. Be connected to the common courtyard by a walkway.
Common Courtyard Design Standards: Each common courtyard shall comply with the following standards (see Figure 845-11):
1. The common courtyard shall be a single, contiguous piece. The courtyard shall be a minimum of 15 feet wide at its narrowest dimension. A "single, contiguous piece" may include a courtyard that is divided by gardens or a pathway.
2. Dwellings shall abut more than one side of the courtyard, unless the courtyard is roundeIf the courtyard is rounded, dwellings shall abut a minimum of 50 percent of the perimeter of the courtyard.
3. The common courtyard shall contain a minimum of 150 square feet per dwelling within the associated cluster, as described in Subsection 845.04(A).
4. The common courtyard shall be developed with a hard-surfaced walkway, landscaping, and a minimum of one of the following: recreational amenities, a patio, seating, or a gazebo. Impervious elements and recreational amenities of the common courtyard shall not exceed 75 percent of the total common courtyard area.
5. The courtyard shall include a walkway. Walkways on the perimeter of or crossing the courtyard shall count toward the courtyard's minimum dimensions and area. Parking areas, required setbacks, and driveways do not qualify as part of a common courtyard.
Community Buildings: Cottage clusters may include a community building for the shared accessory uses of the cottage cluster's residents and their guests. Community buildings shall comply with the following standards:
1. Each cottage cluster is permitted one community building.
2. The community building shall not be used as a dwelling.
Pedestrian Access: A hard-surfaced walkway a minimum of five feet wide shall connect a door that enters into a common room of each dwelling in a cottage cluster to the following:
1. The common courtyard;
2. Any shared parking areas;
3. The community building, if the cottage cluster contains a community building; and
4. Sidewalks abutting the site, or roadways abutting the site if there are no sidewalks.
Parking Design:
1. Off-street motor vehicle parking shall be subject to the following standards:
  1. Developments with 15 or fewer dwellings shall not have more than five contiguous spaces.
  2. Developments with 16 or more cottages shall not have more than eight contiguous spaces.
  3. Each group of contiguous parking spaces shall be separated from any other group of parking spaces serving a cottage cluster development by landscaping that is a minimum of four feet wide.
2. Off-street motor vehicle parking spaces and motor vehicle maneuvering areas, except driveways, shall not be located:
  1. Within 10 feet of a front lot line, except from a front lot line that separates the lot from an improved alley that complies with Comprehensive Plan Figure 5-1e or 10-SV-6; or
  2. Between a front lot line and the front facade of the dwelling(s) located closest to the front lot line, except from a front lot line that separates the lot from an alley.
3. Off-street motor vehicle parking spaces shall not be located within 10 feet of rear or side lot lines, except a lot line that separates the lot from an improved alley that complies with Comprehensive Plan Figure 5-1e or 10-SV-6. Motor vehicle maneuvering areas are permitted within 10 feet of rear or side lot lines.
4. Garages and carports:
  1. Detached garages or carports shall be separated from other detached garages or carports by a minimum of six feet.
  2. The maximum width of each garage door is 20 feet.
5. Screening: Landscaping, fencing, or walls, any of which shall be aminimum of three feet high, shall separate the off-street parking areas, garages, and carports from all common courtyards in the cottage cluster development.
Existing Structures: On a lot of record to be developed with a cottage cluster, an existing lawfully established detached single-family dwelling may remain within the cottage cluster under the following conditions:
1. An existing dwelling that exceeds the maximum footprint or unit size of Subsections 845.04(C) through (E) may not be expanded.
2. The floor area of the existing dwelling shall not count towards the maximum average floor area of dwellings in a cottage cluster development calculated pursuant to Subsection 845.04(E).
3. The existing dwelling shall be excluded from the calculation of orientation toward the common courtyard in Subsection 845.04(J).

[Added by Ord. ZDO-282, 7/1/22; Amended by Ord. ZDO-283, 9/5/23]

Figure 845-1: Window Coverage

Figure 845-2: Entrance Facing the Street

Figure 845-3: Entrance at 45-Degree Angle from the Street

Figure 845-4: Entrance Facing Common Outdoor Area

Figure 845-5: Entrance Opening onto a Porch

Figure 845-6: Driveway Entry Width and Separation on Local Street

Figure 845-6: Driveway Entry Width and Separation on Local Street

Figure 845-7: Width of Garages and Parking Areas

Figure 845-7: Width of Garages and Parking Areas

Figure 845-8: Townhouse Unit Definition

Figure 845-8: Townhouse Unit Definition

Figure 845-9: Townhouses on Corner Lot with Consolidated Access

Figure 845-9: Townhouses on Corner Lot with Consolidated Access

Figure 845-10: Townhouses with Consolidated Access

Figure 845-10: Townhouses with Consolidated Access

Figure 845-11: Cottage Cluster Orientation and Courtyard Standards

Figure 845-11: Cottage Cluster Orientation and Courtyard Standards

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ZDO 844: Multi-Use Developments

844.01 Determination of Uses

Uses included in a multi-use development shall be determined pursuant to the following standards:

Use Selection: Uses shall be selected from those categories (or subcategories) of uses which are required, permitted, or limited in the subject zoning district, as specified in Table 844-1, Determination of Uses.
Required Uses: Required uses shall be included at the minimum percent of floor area or land area specified in Table 844-1.
Limited Uses: The total area occupied by limited uses shall not exceed the maximum percent of floor area or land area specified in Table 844-1.
Permitted Uses: Permitted uses may occupy the floor area or land area that remains after subtracting the required and limited use area.
Residential District Limited Uses: In the HR and Urban Low Density Residential Districts, a minimum of one-half of the proposed dwelling units shall be constructed prior to the introduction of limited uses into the development. In the HDR, MR-1, MRR, and SHD Districts, limited uses located within the same building as dwelling units may be developed concurrently provided the maximum allowed percent of developed floor area for limited uses is not exceeded at any time.
Residential District Required Uses: In residential zoning districts, the total land area may be used to calculate the base density pursuant to Section 1012, Lot Size and Density. A minimum of 80 percent of the base density in the HDR and MR-1 Districts and a minimum of 50 percent of the base density in the SHD District shall be provided in the development. Dwelling units may be clustered to provide for limited uses and preserve natural features or protect restricted areas. However, the density on any acre of land shall not exceed that allowed in the next highest residential Comprehensive Plan category.
Commercial and Industrial District Phased Developments: In phased developments in the C-3, CI, and OC Districts, the floor area/land area developed for limited uses in each phase shall not exceed the floor area/land area developed for other uses in that phase. An increase in the ratio of limited to other uses may be proposed and approved for any phase when other protection measures are used, such as binding development agreements, bonding, or other suitable controls over the total development percentages.
Minimum Mix: In the C-3, CI, and OC Districts, the multi-use development shall include uses from at least three of the primary use categories under Subsection

844.02 Use Categories

Uses listed under the following use categories may be included in a multi-use development when allowed in the subject zoning district pursuant to Table 844-1, Determination of Uses, subject to Subsection 844.01.

Office/Manufacturing:
1. Business and professional offices, including legal, financial, architectural, engineering, governmental, manufacturers' representatives, corporate facilities; medical and dental, chiropractic, counseling, and other similar services and clinics; insurance, real estate, travel agencies and membership organization headquarters; studios for artists, photographers, writers, radio and television broadcasting (but not transmission towers).
2. Research and development operations and testing laboratories; manufacturing and assembly of medical equipment, communications equipment, electronic components, measuring and analyzing instruments; printing, publishing, bookbinding, graphic or photographic reproduction, blueprinting and photo finishing; and similar uses, except those prohibited under Subsection 844.04, provided that no operation shall be conducted or equipment or chemicals used which would create a hazard or offensive noise, odor, vibration, smoke, dust, or other similar condition.
Hospitality/Public Use:
1. Hotels, motels, guest lodges and associated convention facilities; gift shops, newsstands and eating and drinking establishments located within the same building with a motel, hotel, or public use facility; tourist facilities and information services.
2. Health, recreation and exercise facilities, including health clubs, swimming pools, spas, tennis, racquetball, handball courts, golf courses and driving ranges and similar uses.
3. Large-scale public use facilities such as auditoriums for live entertainment, operas, concerts, and plays; convention facilities not part of a hotel or motel; indoor or outdoor stadia and arenas, spectator sport and multi-use facilities, such as coliseums or domes; exhibition halls, galleries, and museums; movie theaters; other public use gathering places of similar nature.
4. A destination restaurant may be allowed as a hospitality use in the CI and OC Districts. A destination restaurant is a full menu establishment (as defined by the U.S. Census Bureau) with no drive-thru service, which satisfies five of the criteria listed below. On sites 40 acres or larger, up to two restaurants meeting four of the seven criteria listed below may be allowed as a hospitality use.
5. Has a minimum seating capacity of 75;
  1. Specializes in gourmet, ethnic, or specialty cuisine;
  2. Includes banquet facilities and services;
  3. Provides live entertainment at least two nights a week;
  4. Utilizes custom architectural design or collections of artistic, cultural, or
  5. historic items to produce a distinctive thematic decor or atmosphere;
  6. Has an Oregon Liquor Control Commission license to serve beer and wine; and
  7. Employs only chefs who have graduated from a recognized culinary institute, or who have outstanding qualifications or reputations for their culinary skills.
Commercial:
1. The following neighborhood retail and service commercial uses which primarily serve the tenants or residents of the multi-use development and the immediate surrounding area:
  1. Apparel stores and dressmaking shops;
  2. Bakery shops;
  3. Catering establishments;
  4. Confectionery stores;
  5. Delicatessen shops and restaurants, but not drive-in restaurants or drive-thru service;
  6. Drug stores;
  7. Fabric and dry goods stores;
  8. Florist and gift shops;
  9. Grocery and produce stores;
  10. Hardware and garden supplies;
  11. Meat and fish markets;
  12. Barber and beauty shops;
  13. Clothes pressing, alterations, and tailoring shops;
  14. Child care facilities and adult daycare facilities;
  15. Dry cleaners; laundry agencies; self-service laundromats and dry cleaning facilities;
  16. Exercise and tanning studios;
  17. Offices for doctors, dentists, chiropractors, naturopathic treatment personnel, and other health service personnel; small clinics or community health care programs;
  18. Photo finishing;
  19. Shoe repair;
  20. Veterinarian services and pet supplies;
  21. Video rental stores;
  22. Bed and breakfast residences and inns, subject to Section 832, Bed and Breakfast Residences and Inns;
  23. The following types of wireless telecommunication facilities, subject to Section 835, Wireless Telecommunication Facilities: level one collocations, level one placements on utility poles, and essential public communication services; and
  24. Mobile vending units, subject to Section 837, Mobile Vending Units.
2. Commercial amusement uses such as bowling alleys, game rooms, billiard and pool halls, miniature golf, roller or ice skating rinks, and similar uses, but not those included in Category B, or prohibited under Subsection 844.04.
3. All retail and service commercial uses except those included under Subsection (C)(4); eating and drinking establishments except those qualifying as hospitality uses under Subsection (B); banks, credit unions, and financial institutions.
4. Sales lots and repair services for automobiles, trucks, boats, motorcycles, recreational vehicles, trailers, manufactured dwellings, farm or construction equipment and other heavy machinery; lumber yards, fuel yards, carpentry or sheet metal shops; mini-storage and vehicle storage facilities, moving equipment rental; funeral parlors; gasoline service stations.
Residential:
1. Low density residential zoning district primary uses, as specified in the underlying zoning district (i.e., R-5 through R-30 Districts and HR District).
2. MR-1 District primary uses, subject to Section 315.
3. HDR District primary uses, subject to Section 315.
4. SHD District primary uses, subject to Section 315.
5. MRR District primary uses, subject to Section 317.
Educational: Colleges, universities, and graduate centers; business, trade, and craft schools; specialty schools in the arts, music, counseling, etc.; and rehabilitation and worker training/retraining centers and facilities.

844.03 Accessory Uses

The following uses may be provided in conjunction with any category of use, or uses, approved for the multi-use development:

Temporary buildings for uses incidental to construction work, which buildings shall be removed upon completion or abandonment of the construction work;
Transit stations, bus shelters, bike racks, pedestrian amenities, and transit amenities;
Parking structures;
Utility carrier cabinets, subject to Section 830, Utility Carrier Cabinets.
Solar energy systems;
Cogeneration facilities;
Radio and television earth stations and dishes;
Child care facilities associated with a principal use;
Cafeterias, delicatessens, and other such facilities provided for employees of a principal use;
Recycling collection containers, provided all materials are presorted, no processing occurs on-site, and all materials are stored within an enclosed structure or area between pickup days;
Private recreational facilities as part of a multifamily residential complex;
Helistops;
Rainwater collection systems;
Electric vehicle charging stations; and
Other uses and structures customarily accessory and incidental to a primary use.

844.04 Prohibited Uses

The following uses shall be prohibited in a multi-use development:

New dwellings, manufactured dwellings, and manufactured dwelling parks, except as permitted within low density or medium density residential districts;
Outdoor storage of materials or products;
Drive-thru window service, except those associated with a bank, credit union, or other financial institution, subject to Section 827, Drive-Thru Window Services; and
Industrial uses listed in Table 602-1, Permitted Uses in the BP, LI, and GI Districts, as conditional uses in the GI District, except as specifically allowed under Subsection .

844.05 Dimensional Standards

Purpose: The dimensional standards are intended to:
1. Provide for and encourage coordinated development and the most efficient use of property within a multi-use development;
2. Ensure adequate structure separation for light, air, fire safety and protection of all uses and structures within the development, and between the development and uses and structures on adjacent properties;
3. Protect adjacent properties and uses from incompatible uses, and provide adequate buffering and transitioning between different uses within the development;
4. Ensure an attractive appearance through the use of open spaces, setbacks, landscaping and pedestrian amenities, plazas, buffering, and retention of significant natural features; and
5. Ensure adequate access to property and minimum traffic conflicts and impacts.
Standards: A multi-use development shall comply with the following dimensional standards:
1. Minimum Site Area: The minimum site area is one acre in the C-3 District, five acres in the HDR and SHD Districts, 10 acres in the MR-1, MRR, and OC Districts, 20 acres in the CI District, and 30 acres in the HR and R-5 through R-30 Districts.
  1. A site area less than the above requirements may be allowed when such site is physically separated from all other undeveloped or underdeveloped properties in the subject zoning district. Minimum site area means minimum gross site area, including land dedicated for roadway purposes. Site area means a single tax lot, or two or more contiguous tax lots under the same ownership; or site area means two or more contiguous tax lots under separate ownership, provided that
    1. All individual property owners are members of a group formed for the purpose of developing the properties as a single planned development; and
    2. All individual tax lot ownerships are converted into development shares prior to any building permit being issued for the project; or the group shall record, in the office of the County Clerk, a contract and associated deed restrictions, in which all members agree to subject the use and development of individual tax lots or ownerships to the development plan for the site area as approved by the County. No permit shall be issued on any separate tax lot or ownership for any structure or use not indicated on the County-approved development plan for the site area.
2. Minimum front setbacks:
  1. From major periphery roads: 25 feet.
  2. From interior access driveways and circulation roads: 10 feet.
3. Minimum side and rear setbacks: 15 feet.
4. Minimum building separation: The minimum separation between a multifamily dwelling located in a separate building on the same site, or on an adjacent site, and any building housing another category of use shall be 50 feet. However, this shall not preclude the mixing of multifamily dwellings with other categories of use within one building.
5. Minimum street frontage: 200 feet, except in the C-3 District, where the minimum street frontage shall be 100 feet.
6. Minimum landscaping/open space area: The minimum landscaped area standards under Table 1009-1, Minimum Landscaped Area, shall be modified as follows:
  1. In the C-3 District, a minimum of 20 percent of the net site area shall be utilized for landscaping and open space. In phased developments, landscaped areas may be reduced to a minimum of 15 percent for any phase when the applicant demonstrates how the minimum 20-percent requirement will be satisfied.
  2. In the R-7 through R-30, MR-1, HDR, SHD, MRR, HR, CI, and OC Districts, a minimum of 25 percent of the net site area shall be utilized for landscaping and open space. In phased developments, landscaped areas may be reduced to a minimum of 20 percent for any phase when the applicant demonstrates how the minimum 25-percent requirement will be satisfied.
Exceptions: The standards of Subsection 844.05 are not subject to modification pursuant to Section 903, Setback Exceptions. However, except for the minimum landscaping/open space area standard, these standards may be reduced up to 20 percent pursuant to Section 1102, Design Review, when such modification is consistent with the purposes under Subsection 844.05(A). The effect of the proposed modification on the natural features of the site and on the use and preservation of solar access shall be considered when applicable.

844.06 Development Standards

The following development standards shall apply:

Site Planning and Design: The overall site plan and siting of individual uses and buildings within a multi-use development shall address the following objectives:
1. Identity: To create a stimulating environment through the siting of various uses, the use and articulation of open spaces, structure scale, design and texture, and the provision of pedestrian level amenities to produce a strong sense of place.
2. Pedestrian Circulation: To provide pedestrian access and movement through the site in a manner that maximizes foot traffic exposure to goods and services and minimizes conflicts with vehicle circulation areas.
3. Transit: To maximize the use of mass transit services through the provision of transit and pedestrian facilities and amenities in cooperation with the regional transit provider.
4. Parking: To minimize the visual impact of parking areas. This may be accomplished through the use of: landscaping techniques; the incorporation of parking structures, as provided under Subsection 844.06(D); the siting of uses to maximize the shared parking provisions of Section 1015, Parking and Loading; or a combination of these methods.
5. Access/Circulation: To minimize the number of access points onto the site from adjacent roads and provide for traffic circulation between on-site uses, as appropriate.
6. Visual Access/Traffic Impacts: To maximize visibility and access for uses most dependent upon impulse shopping, or off-the-street business, while minimizing traffic impacts on other uses within the development.
7. Natural Features: To protect the aesthetic and location advantages provided by the terrain and natural features of the site and minimize the alteration thereof as far as practicable.
8. Impacts: To minimize negative impacts of proposed uses on adjacent properties and uses and ensure the livability of residential areas of the site, when applicable.
Building Design: In addition to the provisions of Section 1005, Site and Building Design:
1. Buildings and structures shall be designed using materials, architectural styling and features, pedestrian plazas and amenities, and color, texture and scale of architectural elements to produce a mix of complementary styles which are in scale with each other and demonstrate comparable excellence in design and implementation.
2. Buildings housing retail commercial uses shall provide ample window area oriented toward pedestrian walkways or plazas, and, when single-story construction is used, shall incorporate design techniques and elements to enhance the scale of the buildings.
Landscaping/Open Space: The minimum percent of landscaping/open space required shall be as specified under Subsection 844.05(B)(7). In addition to the requirements under Section 1009, Landscaping, the design and development of open space and landscaping in a multi-use development shall:
1. Include street trees and parking area trees which are in scale with the development.
2. Provide a cohesive open space and pedestrian network within the development, with appropriate connections to surrounding properties and uses.
3. Provide pleasing transitions between uses, soften and buffer utility and loading areas, visually break up parking areas into identifiable subareas, and provide pleasing textures and variety, particularly next to buildings, along walkways, and within plazas.
4. Include open spaces and plazas which are in scale with the development, invite activity appropriate to adjoining uses, and incorporate plant materials, seating, waste receptacles, lighting, and a focal element such as a fountain, sculpture, mural, or other visual art object.
Parking and Circulation: In addition to the standards of Section 1015, Parking and Loading, the County may require parking structures to serve intensive uses. Factors to be considered include:
1. Topography and other physical characteristics of the site;
2. Effects on distinctive natural features of the site;
3. Effects on surface drainage and associated facilities;
4. Effect on the capacity of the site to absorb the parking and traffic impacts of the intensive use;
5. Effects on the quality of the overall site design in addressing the objectives under Subsection 844.06(A); and
6. The benefits associated with structure parking, such as the increase in development intensity and provision of open space amenities, and the ability or inability of such benefits to recoup the added expense associated with such facilities.
Management Association/Easements: The County may require the formation of a management association or other suitable mechanism approved by the County to assure that the following maintenance and liability duties are adequately addressed:
1. To improve, operate, and maintain common facilities, including open space, landscaping, parking and service areas, streets, recreation areas, signing, and lighting;
2. To provide and maintain cross-easements between uses and parcels within the development for parking, circulation, drainage facilities, utilities, and similar elements shared in common;
3. To adopt and enforce restrictions on the use of open space, landscaping, plazas, and service areas, malls, and other public access areas of the site;
4. To maintain liability insurance and pay local taxes, unless other legally binding mechanism is provided;
5. To assess and collect from members their pro rata share of the cost associated with the responsibilities herein described. The association shall be able to adjust the assessment to meet changes as needed; and
6. To make revisions to the bylaws as necessary, subject to County review and approval, when the County determines that such changes protect the intent and purpose of this Ordinance and are in the public's interest.

Table 844-1: Determination of Uses

Zoning District	HR and R-5 – R-30	MR-1	HDR	SHD	MRR	C-3	OC	CI
Minimum % R la or fa required	80% la	70% fa	50% fa	50% fa	70% fa	N/A	N/A	60% fa
Maximum % (L) la or fa allowed	20% la	15% fa	20% fa	25% fa	20% fa	N/A	35% fa	35% fa

Category A

Zoning District	HR and R-5 – R-30	MR-1	HDR	SHD	MRR	C-3	OC	CI
1. Offices	(L)	P	P	P	P	P	P	R
2. High Tech	X	X	X	X	X	P	P	R

Category B

Zoning District	HR and R-5 – R-30	MR-1	HDR	SHD	MRR	C-3	OC	CI
1. Hospitality	X	P	P	P	P	P	P	P
2. Health/Recreation	(L)	P	P	P	P	P	P	P
3. Public Use/Cultural	X	P	P	P	P	P	P	P

Category C

Zoning District	HR and R-5 – R-30	MR-1	HDR	SHD	MRR	C-3	OC	CI
1. Neighborhood Commercial	(L)	(L)	(L)	(L)	(L)	P	(L)	(L)
2. Commercial Amusement	X	X	(L)	(L)	(L)	P	(L)	(L)
3. Retail/Service	X	X	X	X	X	P	X	X
4. Strip/Auto	X	X	X	X	X	P	X	X

Category D

Zoning District	HR and R-5 – R-30	MR-1	HDR	SHD	MRR	C-3	OC	CI
1. Residential (District Density)	R	R	R	R	R	MR-1 to HDR	HDR	HDR

Category E

Zoning District	HR and R-5 – R-30	MR-1	HDR	SHD	MRR	C-3	OC	CI
1. Education	(L)	P	P	P	P	P	P	P

Symbol Key

P = Permitted Use

R = Required Use

La = Land Area

(L) = Limited Use

X = Prohibited Use

fa = Floor Area

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ZDO 843: Accessory Historic Dwellings

843.01 Procedure

An accessory historic dwelling requires review as a Type I application pursuant to Section 1307, Procedures.

843.02 Minimum Lot Size

An accessory historic dwelling may only be permitted on a lot of record at least two acres in size.

843.03 Conversion in Conjunction with New Dwelling

A detached single-family dwelling legally built between 1850 and 1945 may be converted from a primary dwelling to an accessory dwelling upon completion of a new detached single-family dwelling, or the placement of a manufactured dwelling, on the same lot of record.
As used in Subsections 843.03(A) and 843.04(A):
1. "New" means that the single-family dwelling being constructed did not previously exist in residential or nonresidential form; "new" does not include the acquisition, alteration, renovation, or remodeling of an existing structure;
2. "Placement of a manufactured dwelling" means the placement of a manufactured dwelling that did not previously exist on the subject lot of record; it may include the placement of a manufactured dwelling that was previously used as a dwelling on another lot and moved to the subject lot of record.

843.04 Alteration and Replacement

An accessory historic dwelling may not be altered, renovated, or remodeled so that its square footage is more than 120 percent of its square footage at the time construction of the new detached single-family dwelling, or placement of a manufactured dwelling, commenced.
An accessory historic dwelling may not be replaced if it is lost to fire, destroyed, or removed for any reason.

[Added by Ord. ZDO-269, 9/6/18; Amended by Ord. ZDO-276, 10/1/20]

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ZDO 841: Marijuana Production, Processing, and Retailing

841.01 Procedure

Marijuana production and marijuana retailing require review as Type I applications pursuant to Section 1307, Procedures. Marijuana processing requires review as a Type II application pursuant to Section 1307.

841.02 Marijuana Production

Marijuana production shall be subject to the following standards and criteria:

Maximum Number of Licensed Premises/Registered Sites: In the AG/F, EFU, and TBR Districts, only one premises licensed for marijuana production by the Oregon Liquor and Cannabis Commission1 ¹ or one medical marijuana grow site registered by the Oregon Health Authority² may be located on a tract.
Outdoor Production:
1. Outdoor production means producing marijuana:
  1. a. In an expanse of open or cleared ground; or
  2. In a greenhouse, hoop house, or similar non-rigid structure that does not utilize any artificial lighting on mature marijuana plants, including but not limited to electrical lighting sources. A mature marijuana plant is a marijuana plant that is flowering.
2. Outdoor production is prohibited in the FF-10 and RRFF-5 Districts but is permitted in the AG/F, EFU, and TBR Districts. Where permitted, outdoor production is subject to the same standards and criteria as indoor production, except where specifically noted.
Minimum Tract Size: A minimum tract size standard shall apply as follows:
1. In the FF-10 and RRFF-5 Districts, the subject tract shall be a minimum of five acres, except that if the majority of abutting lots of record are equal to or greater than two acres, the subject tract shall be a minimum of two acres. Abutting lots of record include lots of record that are contiguous to the subject tract, as well as lots of record directly across any access drive, or private, public, or county road, provided the functional classification of the road is below that of a collector.
2. In the AG/F, EFU, and TBR Districts, the subject tract shall be a minimum of two acres, except that if outdoor production is proposed, the subject tract shall be a minimum of five acres.
Minimum Setback/Distance from Lot Lines: The following standards shall apply:
1. In the FF-10 and RRFF-5 Districts, the minimum front, rear, and side setbacks for any structure used for marijuana production shall be 50 feet.
  1. Pursuant to Oregon Revised Statutes (ORS) 475C.449(2)(b), these setback standards do not apply to an agricultural building used to produce marijuana located on a premises for which a license has been issued under ORS 475C.065 if the agricultural building:
    1. Was constructed on or before July 1, 2015, in compliance with all applicable land use and building code requirements at the time of construction;
    2. Is located at an address where a marijuana grow site first registered with the OHA under ORS 475C.792 on or before January 1, 2015;
    3. Was used to produce marijuana pursuant to the provisions of ORS 475C.770 to 475C.919 on or before January 1, 2015; and
    4. Has four opaque walls and a roof.
2. In the AG/F, EFU, and TBR Districts:
  1. a. Outdoor production shall be a minimum of 100 feet from all lot lines.
  2. Structures used for indoor production shall comply with the setback standards of the subject zoning district.
3. If the subject property is a tract that includes more than one lot of record, Subsections 841.02(D)(1) and (2)(a) do not apply to the lot line(s) that only separate these lots of record from one another. However, the setback standards of the subject zoning district still apply.
Enclosed Buildings: In the FF-10 and RRFF-5 Districts, marijuana production shall be located entirely within one or more completely enclosed buildings.
Maximum Building Floor Space: The following standards apply in the FF-10 and RRFF-5 Districts:
1. A maximum of 5,000 square feet of building floor space may be used for marijuana production and all activities associated with marijuana production (hereinafter referred to as marijuana production space) on the subject tract.
2. If only a portion of a building is authorized as marijuana production space, 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 marijuana production space from the remainder of the building. A partition wall may include a door, capable of being closed, for ingress and egress between the marijuana production space and the remainder of the building.
Access: If the subject tract 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 marijuana production described in the application. Such evidence shall include any conditions stipulated in the agreement.
Lighting: Lighting shall be regulated as follows:
1. Light cast by light fixtures inside any building used for marijuana production shall not be visible outside the building from 7:00 p.m. to 7:00 a.m. the following day.
2. Marijuana grow lights located outside a building shall not be illuminated from 7:00 p.m. to 7:00 a.m. the following day.
3. Light cast by exterior light fixtures other than marijuana grow lights (e.g., security lights, driveway lights) shall not be directed skyward and shall be directed within the boundaries of the subject tract.
Odor: As used in Subsection 841.02(I), building means the building, or portion thereof, used for marijuana production. However, Subsection 841.02(I) does not apply to a building approved as part of outdoor production pursuant to Subsection 841.02(B)(1)(b).
1. The building shall be equipped with an activated carbon filtration system for odor control to ensure that air leaving the building through an exhaust vent first passes through an activated carbon filter.
2. The filtration system shall consist of one or more fans and activated carbon filters. At a minimum, the fan(s) shall be sized for cubic feet per minute (CFM) equivalent to the volume of the building (length multiplied by width multiplied by height) divided by three. The filter(s) shall be rated for the applicable CFM.
3. The filtration system shall be maintained in working order and shall be in use. The filters shall be changed a minimum of once every 365 days.
4. Negative air pressure shall be maintained inside the building.
5. Doors and windows shall remain closed, except for the minimum length of time needed to allow people to ingress or egress the building.
6. The filtration system shall be designed by an engineer licensed in the State of Oregon. The engineer shall stamp the design and certify that it complies with Subsection 841.02(I).
7. An alternative odor control system is permitted if the applicant submits a report by an engineer licensed in the State of Oregon demonstrating that the alternative system will control odor as well or better than the activated carbon filtration system otherwise required.
Noise: The applicant shall submit a noise study by an engineer licensed in the State of Oregon. The study shall demonstrate that generators used in association with marijuana production, as well as mechanical equipment used for heating, ventilating, air conditioning, or odor control in association with marijuana production, will not cumulatively produce sound that, when measured at any lot line of the subject tract, exceeds 50 dB(A). Only generators used in association with marijuana production and mechanical equipment used in association with marijuana production are subject to this standard.
Security Cameras: If used, security cameras shall be directed to record only the subject tract and may be directed to public rights-of-way as applicable, except as required to comply with licensing requirements of the OLCC or registration requirements of the OHA.
Water: The applicant shall submit proof of a legal source of water as evidenced by:
1. A copy of a water right permit, certificate, or other water use authorization from the Oregon Water Resources Department (OWRD);
2. A statement from a public or private water provider that water is supplied by that water provider. The statement shall include the name and contact information of the water provider; or
3. Proof from the OWRD that the water to be used for marijuana production is from a source that does not require a water right.
Waste Management: Marijuana waste shall be stored in a secured waste receptacle in the possession of and under the control of the OLCC licensee or OHA registrant.
Residency: In the FF-10 and RRFF-5 Districts, a minimum of one of the following shall reside in a dwelling unit on the subject tract:
1. An owner of the subject tract;
2. A holder of an OLCC license for marijuana production, provided that the license applies to the subject tract; or
3. A person registered with the OHA as a person designated to produce marijuana by a registry identification cardholder, provided that the registration applies to the subject tract.
Fencing: The maximum height of any fencing on the subject tract shall be 10 feet. Fences, walls, or other barriers shall not be electrified, or use barbed wire, razor wire, concertina coils, anti-climb spikes or any other similar security feature designed to discourage ingress through the potential of causing bodily harm.
Exceptions: Marijuana production, provided such production is done pursuant to registration with the OHA, is not required to comply with Subsections 841.02(H)(3) and (I) through (O), provided that the minimum front, rear, and side setbacks for any structure used for marijuana production shall be 100 feet.

841.03 Marijuana Processing

Marijuana processing shall be subject to the following standards and criteria:

Maximum Number of Licensed Premises/Registered Sites: Only one premises licensed for marijuana processing by the OLCC or one medical marijuana processing site registered by the OHA may be located on the subject lot of record.
Minimum Lot of Record Size: The subject lot of record shall be a minimum of 10 acres.
Minimum Setbacks: The minimum front, rear, and side setbacks for any structure used for marijuana processing shall be 100 feet.
Enclosed Buildings: Marijuana processing shall be located entirely within one or more completely enclosed buildings.
Access: If the subject lot of record 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 marijuana processing described in the application. Such evidence shall include any conditions stipulated in the agreement.
Lighting: Lighting shall be regulated as follows:
1. Light cast by light fixtures inside any building used for marijuana processing shall not be visible outside the building from 7:00 p.m. to 7:00 a.m. the following day.
2. Light cast by exterior light fixtures (e.g., security lights, driveway lights) shall not be directed skyward and shall be directed within the boundaries of the subject lot of record.
Odor: As used in Subsection 841.03(G), building means the building, or portion thereof, used for marijuana processing.
1. The building shall be equipped with an activated carbon filtration system for odor control to ensure that air leaving the building through an exhaust vent first passes through an activated carbon filter.
2. The filtration system shall consist of one or more fans and activated carbon filters. At a minimum, the fan(s) shall be sized for cubic feet per minute (CFM) equivalent to the volume of the building (length multiplied by width multiplied by height) divided by three. The filter(s) shall be rated for the applicable CFM.
3. The filtration system shall be maintained in working order and shall be in use. The filters shall be changed a minimum of once every 365 days.
4. Negative air pressure shall be maintained inside the building.
5. Doors and windows shall remain closed, except for the minimum length of time needed to allow people to ingress or egress the building.
6. The filtration system shall be designed by an engineer licensed in the State of Oregon. The engineer shall stamp the design and certify that it complies with Subsection 841.03(G).
7. An alternative odor control system is permitted if the applicant submits a report by an engineer licensed in the State of Oregon demonstrating that the alternative system will control odor as well or better than the activated carbon filtration system otherwise required.
Noise: The applicant shall submit a noise study by an engineer licensed in the State of Oregon. The study shall demonstrate that generators used in association with marijuana production or processing, as well as mechanical equipment used for heating, ventilating, air conditioning, or odor control in association with marijuana production or processing, will not cumulatively produce sound that, when measured at any lot line of the subject lot of record, exceeds 50 dB(A). Only generators used in association with marijuana production or processing and mechanical equipment used in association with marijuana production or processing are subject to this standard.
Security Cameras: If used, security cameras shall be directed to record only the subject lot of record and may be directed to public rights-of-way as applicable, except as required to comply with licensing requirements of the OLCC or registration requirements of the OHA.
Water: The applicant shall submit proof of a legal source of water as evidenced by:
1. A copy of a water right permit, certificate, or other water use authorization from the Oregon Water Resources Department (OWRD);
2. A statement from a public or private water provider that water is supplied by that water provider. The statement shall include the name and contact information of the water provider; or
3. Proof from the OWRD that the water to be used for marijuana processing is from a source that does not require a water right.
Waste Management: Marijuana waste shall be stored in a secured waste receptacle in the possession of and under the control of the OLCC licensee or OHA registrant.
Fencing: The maximum height of any fencing on the subject lot of record shall be 10 feet. Fences, walls, or other barriers shall not be electrified, or use barbed wire, razor wire, concertina coils, anti-climb spikes or any other similar security feature designed to discourage ingress through the potential of causing bodily harm.
Exceptions: Marijuana processing, provided such processing is done pursuant to registration with the OHA, is not required to comply with Subsection 841.03(F)(2) and (G) through (L).

841.04 Marijuana Retailing

Marijuana retailing shall be subject to the following standards and criteria:

Odor: As used in Subsection 841.04(A), building means the building, or portion thereof, used for marijuana retailing.
1. The building shall be equipped with an activated carbon filtration system for odor control to ensure that air leaving the building through an exhaust vent first passes through an activated carbon filter.
2. The filtration system shall consist of one or more fans and activated carbon filters. At a minimum, the fan(s) shall be sized for cubic feet per minute (CFM) equivalent to the volume of the building (length multiplied by width multiplied by height) divided by three. The filter(s) shall be rated for the applicable CFM.
3. The filtration system shall be maintained in working order and shall be in use. The filters shall be changed a minimum of once every 365 days.
4. Negative air pressure shall be maintained inside the building.
5. Doors and windows shall remain closed, except for the minimum leength of time needed to allow people to ingress or egress the building.
6. The filtration system shall be designed by an engineer licensed in the State of Oregon. The engineer shall stamp the design and certify that it complies with Subsection 841.04(A).
7. An alternative odor control system is permitted if the applicant submits a report by an engineer licensed in the State of Oregon demonstrating that the alternative system will control odor as well or better than the activated carbon filtration system otherwise required.
Window Service: The use shall not have a walk-up window or drive-thru window service.
Waste Management: Marijuana waste shall be stored in a secured waste receptacle in the possession of and under the control of the OLCC licensee or OHA registrant.
Minors: No one under the age of 21 shall be permitted to be present in the building space occupied by the marijuana retailer, except as allowed by state law
Co-Location of Related Activities and Uses: Marijuana and tobacco products shall not be smoked, ingested, or otherwise consumed in the building space occupied by the marijuana retailer. In addition, marijuana retailing shall not be co-located on the same lot of record or within the same building with any marijuana social club or marijuana smoking club.
Minimum Separation Distances: Minimum separation distances shall apply as follows:
1. The use shall be located a minimum of:
  1. 2000 feet from a public elementary or secondary school for which attendance is compulsory under Oregon Revised Statutes (ORS) 339.020, including any parking lot appurtenant thereto and any property used by the school; or a private or parochial elementary or secondary school, teaching children as described in ORS 339.030(1)(a), including any parking lot appurtenant thereto and any property used by the school;
  2. 1500 feet from a public park, public playground, government-owned recreational use, public library, substance use disorder service provider licensed by the OHA under Oregon Administrative Rules Chapter 415, Division 12, light rail transit station, or a multifamily dwelling owned by a public housing authority.
  3. 500 feet from a licensed daycare facility or licensed preschool, including any parking lot appurtenant thereto and any property used by the daycare facility or preschool;
  4. 100 feet from a zoning district listed in Section 300, Urban and Rural Residential Districts; however, this provision shall not apply if the subject property has street frontage on a principal interstate, principal expressway, principal arterial, or major arterial, as identified on Comprehensive Plan Map 5-4a, Road Functional Classification Urban, or 5-4b, Road Functional Classification Rural.
2. If the use is licensed by the OLCC pursuant to ORS 475C.097, it shall be located a minimum of 1,000 feet from any other marijuana retailer so licensed by the OLCC.
3. If the use is registered with the OHA pursuant to ORS 475C.833, it shall be located a minimum of 1,000 feet from any other marijuana retailer so registered with the OHA.
4. For purposes of Subsection 841.04(F)(1), distance shall be measured from the lot line of the affected property (e.g., a school) to the closest point of the building space occupied by the marijuana retailer. For purposes of Subsections 841.04(F)(2) and (3), distance shall be measured from the closest point of the building space occupied by one marijuana retailer to the closest point of the building space occupied by the other marijuana retailer.
5. A change in use (including a zone change) to another property to a use identified in Subsection 841.04(F) after a complete Type I application for marijuana retailing has been filed shall not result in the marijuana retailer being in violation of Subsection 841.04(F).
6. Subsection 841.04(F) does not apply to any marijuana retailer that obtained full, unconditional approval of a registration from the OHA on or before March 31, 2015, that is operating in a building space where marijuana retailing activities approved by the OHA have been continuously occurring in that building space since May 31, 2014, except during the effective dates of the Medical Marijuana Facility Moratorium adopted pursuant to Clackamas County Ordinance 01-2014.
7. In case of a conflict under Subsection 841.04(F)(2) or (3), any person who has received approval of a Type I land use permit for marijuana retailing, shall be deemed to have established marijuana retailing at the approved location, so long as the marijuana retailer begins operation within one year of the date of the County's final decision on the Type I land use permit application. If more than one Type I application is in process with the County at one time, the County shall issue decisions in the order in which complete applications were filed.

841.05 Approval Period

Approval of a permit under Subsection 841.02 or 841.03 is valid for six 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 six-year period, the approval shall be implemented, or the approval will become void.
1. Implemented means all major development permits shall be obtained and maintained for the approved marijuana production or marijuana processing, or if no major development permits are required to complete the development contemplated by the approved marijuana production or marijuana processing, implemented means all other necessary County development permits (e.g., grading permit, building permit for an accessory structure) shall be obtained and maintained. A major development permit is:
  1. A building permit for a new primary structure that was part of the approved development; orb.
  2. A permit issued by the County for parking lot or road improvements required by the approved development.
Approval of a permit under Subsection 841.04 is valid for one year from the date of the County's final decision. During this one-year period, the approval shall be implemented, or the approval will become void. Implemented means that the marijuana retailer has begun operation. Notwithstanding this one-year implementation period, a complete application for a marijuana retailing license shall be filed with the OLCC, or a complete application for a medical marijuana dispensary registration shall be filed with the OHA, within three months of the date of the County's final decision, or the approval will become void.

[Added by Ord. ZDO-254, 01/04/2016; Amended by Ord. ZDO-254, 03/01/2016; Amended by Ord. ZDO-263, 05/23/2017; Amended by Ord. ZDO-264, 08/22/2017; Amended by Ord. ZDO-271, 03/01/2019; Amended by Ord. ZDO-276, 10/01/2020; Amended by Ord. ZDO-293, 09/08/2026]

¹ The Oregon Liquor and Cannabis Commission is referred to herein as “OLCC.” References to OLCC shall include any successor entity that may be created by the State of Oregon to assume the responsibility of administering the state’s recreational marijuana program.

² The Oregon Health Authority is referred to herein as "OHA." References to OHA shall include any successor entity that may be created by the State of Oregon to assume the responsibility of administering the state's medical marijuana program.

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Planning and Zoning

1005.01 Purpose

1005.02 General Site Design Standards

Figure 1005-0: Separation Distance Illustration

1005.03 Building Design

1005.04 Outdoor Lighting

1005.05 Additional Requirements

1005.06 Modifications

1005.07 Clackamas Regional Center Area Design Standards

1005.08 Regional Center Design Standards

1005.09 Fuller Road Station Community Dimensional and Design Standards

Table 1005-1: Permitted Building Frontage Type by Street Type

Table 1005-2: Permitted Landscape Screening Type by Street Type

1005.10 PMU District Standards

1005.11 Sunnyside Village Standards

1005.12 Government Camp Standards

1004.01 Purpose

1004.02 Standards

903.01 Applicability

903.02 Minimum Front Setback Modifications

903.03 Public Dedications

903.04 Rear And Side Setback Exemptions

903.05 Projections Into Required Setbacks

903.06 Decks And Similar Structures

903.07 Fences and Walls

903.08 Flag Lots

847.01 Standards

846.01 Definitions

846.02 Standards

845.01 General Standards

845.02 Triplexes And Quadplexes

845.03 Townhouses

845.04 Cottage Clusters

844.01 Determination of Uses

844.02 Use Categories

844.03 Accessory Uses

844.04 Prohibited Uses

844.05 Dimensional Standards

844.06 Development Standards

Table 844-1: Determination of Uses

Category A

Category B

Category C

Category D

Category E

Symbol Key

843.01 Procedure

843.02 Minimum Lot Size

843.03 Conversion in Conjunction with New Dwelling

843.04 Alteration and Replacement

841.01 Procedure

841.02 Marijuana Production

841.03 Marijuana Processing

841.04 Marijuana Retailing

841.05 Approval Period

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