Planning and Zoning

833.01 Standards

Guest houses shall comply with the following standards:

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

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

830.01 Standards

Utility cabinets shall comply with the following standards:

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

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

827.01 Standards

Drive-thru window services:

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

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

825.01 Standards

Manufactured dwelling parks shall comply with the following standards:

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

825.02 Redevelopment

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

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

822.01 Exemption

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

822.02 Definitions

The following definitions apply to Section 822:

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

822.03 Level One Minor Home Occupations

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

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

822.04 Level Two And Three Major Home Occupations

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

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

822.05 Exceptions

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

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

822.06 Preexisting Home Occupations

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

822.07 Approval Period And Renewals

1. A major home occupation permit is valid for three years from the date of the final written decision. If the County's final written decision is appealed, the approval period shall commence on the date of the final appellate decision.
2. A major home occupation permit may be renewed an unlimited number of times. Renewals also shall be valid for three years from the date of the final written decision. If the County's final written decision is appealed, the approval period shall commence on the date of the final appellate decision.
3. A renewal of a major home occupation permit, including one for a home occupation with one or more previously approved exceptions under Subsection 822.05, requires review as a Type II application pursuant to Section 1307, Procedures. However, if the renewal application includes a request for an exception not approved under the prior home occupation permit, the renewal requires review as a Type III application pursuant to Section 1307.

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

821.01 Standards

Livestock shall be subject to the following standards:

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

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

819.01 Standards For Recycling Centers And Transfer Stations

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

819.02 Standards For Recyclable Drop-Off Sites

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

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

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

818.01 Submittal Requirements

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

1. Site plan, drawn to a scale of not less than one inch equals 600 feet, showing:
   1. Lot lines, dimensions, and area of the subject property;
   2. Location of all bodies of water, wetlands, roads, railroads, and utility facilities within or adjacent to the subject property;
   3. Contour lines with intervals identified;
   4. Locations and dimensions of existing and proposed structures;
   5. Location of existing and proposed driveways and parking areas;
   6. The boundaries of the mining site;
   7. Areas for excavation;
   8. Areas for processing and stockpiling;
   9. Areas for settling ponds and washing plants;
2. A description of the present use of the subject property;
3. The starting date of the mining and expected life of the mining operation;
4. A description of each mineral to be mined and the estimated quantity to be extracted;
5. A description of the mining methods and types of equipment to be used;
6. The characterization of the groundwater and surface water based on available wells, drill logs, springs, and surface drainages within one mile of the proposed mining operation;
7. A surface water management plan to provide protection against contamination of groundwater and discharge of sediments into adjacent waterways.  This plan must include provisions for settling ponds, diversion dikes, and channels, or other facilities as may be required;
8. An erosion control plan detailing ground cover plantings and other methods of controlling erosion of surfaces affected by the mining;
9. The procedures to control the discharge of contaminants and the disposal of mining refuse;
10. For reclamation, identification of backfilling techniques, re-contouring, topsoil replacement, seedbed preparation, mulching, fertilizing, selection of plant species, seeding, planting rates and schedules, and planned subsequent beneficial use of mined areas.
11. The procedures for the salvage, storage, and replacement of topsoil or acceptable alternative;
12. Identification of the procedures for the stable storage of overburden, including a description of the pre-mine topography, method of emplacement, height of lifts, final height, slope configuration, and vegetative cover; and
13. Applications for non-aggregate mining shall include the following additional information if applicable:
    1. Details of measures taken to conserve the quantity and quality of affected aquifers;
    2. A description of any toxic or radioactive materials known to be present in the ore, spoil, tailings, overburden, or any other material involved in the mining operation, and their approximate concentrations; and
    3. A description of how any toxic or radioactive materials will be handled during mining and reclamation.

818.02 Standards

Surface mining shall comply with the following standards:

1. Access:  An on-site access or service road used for mining shall be dust free at all points within 300 feet of an off-site road or off-site dwelling.  If the mining is the primary cause of traffic on an unpaved off-site road, that road shall be dust free at all points within 300 feet of off-site dwellings.
2. Screening:  Screening of the mining site may be required to obscure the view or minimize dust or other annoyance. If screening is required, it shall be done pursuant to Subsection 1009.04:
3. Noise:  Sound created by the mining operation and audible off the subject property shall not exceed the maximum permitted by the Oregon Department of Environmental Quality (DEQ).  Various methods of sound control may be required, such as installation of earth berms, strategic location of stockpiles, and limiting hours of operation.
4. Air Quality:  The discharge of contaminants created by the mining operation shall not exceed the DEQ air quality standards.
5. Toxic Materials:  Toxic materials shall be handled in a manner that prevents environmental degradation, ensures the safety and health of persons involved in the mining and reclamation operations and the general public, and complies with the requirements of applicable state and federal agencies.
6. Protection of Adjacent Land:  Excavation shall be away from the lot line a distance adequate to maintain a fence on the lot line and such additional distance as is necessary to allow a normal safe angle of repose during operations, ensure lateral support of adjacent lots and public rights-of-way, and provide the slopes identified in the reclamation plan for the depth of final excavation.  Other provisions to ensure protection of adjacent lots and public rights-of-way from steep banks, deep holes, or other hazards during the mining and reclamation phases shall be required as necessary.  In addition, the distance between the excavation and rivers, streams, lakes, and other bodies of water shall be adequate to maintain bank integrity and streamside vegetation.
7. Reclamation Plan:  Reclamation shall be done in accordance with a reclamation plan approved by the Oregon Department of Geology and Mineral Industries, and the subsequent beneficial use of mined areas shall comply with this Ordinance.

[Amended by Ord. ZDO-248, 10/13/14; Amended by Ord. ZDO-268, 10/2/18]

817.01 Standards

The following standards apply to auto wrecking yards and junkyards in zoning districts where these uses are permitted and are identified as being subject to Section 817:

1. Fences: A sight-obscuring fence shall completely enclose the auto wrecking or junkyard.
   1. The fence shall be one color, constructed of uniform materials, and kept in good repair.
   2. The minimum structure height of the fence shall be 6 feet.
   3. The minimum front setback for the fence shall be 25 feet.
2. Storage: All storage shall be within the fenced area, and items, including vehicles, shall not be piled higher than the fence.

[Amended by Ord. ZDO-266, 5/23/18]

815.01 Exemption

Except as set forth in Section 815, produce stands are exempt from Sections 1000, Development Standards, and 1102, Design Review.

815.01 Standards

Produce stands:

1. Shall be an accessory use to a single-family dwelling;
2. Shall display and sell only produce that is grown on-site;
3. Are exempt from the front setback standards but shall comply with the side and rear setback standards;
4. Shall have hours of operation limited to between 8 a.m. and 8 p.m.;
5. Shall occupy an area no greater than 100 square feet;
6. Shall not exceed eight feet in height;
7. Shall be anchored in a manner that both prevents the stand from being moved or blown from its location and allows the prompt removal of the stand; and
8. May have signs, subject to Section 1010, Signs.

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