Planning and Zoning

Figures

• Figures 5-1 a-e Urban Cross Sections
• Figures 5-2 a-e Rural Cross Sections
• Figure 5-3 Typical Multi-Use Path Cross Section
• Figure 10-CRC-01 Clackamas Regional Center Area Design Plan 82nd Avenue Regional Boulevard (Gateway Intersections)
• Figure 10-CRC-02 Clackamas Regional Center Area Design Plan 82nd Avenue Regional Boulevard (Between Gateway Intersections)
• Figure 10-CRC-03 Clackamas Regional Center Area Design Plan Sunnyside Road
• Figure 10-CRC-04 Clackamas Regional Center Area Design Plan Harmony Road Regional Boulevard (Fuller Road to 82nd Avenue)
• Figure 10-CRC-05 Clackamas Regional Center Area Design Plan Monterey Avenue Main Street (I-205 to 82nd Ave. with Causey Ave. Overpass)
• Figure 10-CRC-06 Clackamas Regional Center Area Design Plan Causey Avenue Main Street (I-205 to 82nd Avenue)
• Figure 10-CRC-07 Clackamas Regional Center Area Design Plan Gateway Intersection (Boulevard and Main Street)
• Figure 10-CRC-08 Clackamas Regional Center Design Plan Fuller Road Station Community, Street Type "B"
• Figure 10-CRC-09 Clackamas Regional Center Area Design Plan Fuller Road Station Community, Street Type "C"
• Figure 10-CRC-10 Clackamas Regional Center Area Design Plan Fuller Road Station Community, Street Type "D"
• Figure 10-CRC-11 Clackamas Regional Center Area Design Plan Fuller Road Station Community, Type "E" Pedestrian/Bicycle Connection
• Figure 10-MC-01 McLoughlin Corridor Design Plan Street Cross Sections
• Figure 10-MC-02 McLoughlin Corridor Design Plan Street Cross Sections
• Figure 10-SC-01 Sunnyside Corridor Community Plan 132nd Avenue South of Sunnyside Rd. Street Cross Section
• Figure 10-SC-02 Sunnyside Corridor Community Plan New Local Streets Street Cross Section
• Figure 10-SC-03 Sunnyside Corridor Community Plan Alley Cross Section
• Figure 10-SV-01 Sunnyside Village Plan Connector Street with Planting Strips and Bike Lanes
• Figure 10-SV-02 Sunnyside Village Plan Connector Street with Planting Strips
• Figure 10-SV-03 Sunnyside Village Plan Typical Connector Street Plan
• Figure 10-SV-04 Sunnyside Village Plan Choker and Curb Extension Design Connector Street
• Figure 10-SV-05 Sunnyside Village Plan Local Street With Planting Strips
• Figure 10-SV-06 Sunnyside Village Plan Alleys
• Figure 10-SV-07 Sunnyside Village Plan Intersections Minimum Curb Radius at Intersections
• Figure 10-SV-08 Sunnyside Village Plan Traffic Circle
• Figure 10-SV-09 Sunnyside Village Plan Alternative Horizontal Curve for Local Streets

Maps

• Map 3-01a Principal River Conservation Area Clackamas River Design Plan
• Map 3-01b Principal River Conservation Area Sandy-Salmon River Design Plan
• Map 3-01c Principal River Conservation Area Molalla River Design Plan
• Map 3-01d Principal River Conservation Area Tualatin River Design Plan
• Map 3-01e Willamette River Greenway Design Plan
• Map 3-02 Scenic & Distinctive Resource Areas
• Map 3-03 Molalla State Park Great Blue Heron Rookery
• Map 3-04 Stevens Great Blue Heron Rookery
• Map 4-01 Urban Land Within the Metro Urban Growth Boundary
• Map 4-02 Land Use Plan Map Index
• Map 4-03 Lake Oswego Area Land Use Plan
• Map 4-04 West Linn Area Land Use Plan
• Map 4-05 Oregon City Area Land Use Plan
• Map 4-06 North Urban Area Land Use Plan Map
• Map 4-07a Non-Urban Area Land Use Plan
• Map 4-07b Mt. Hood Corridor Land Use Plan
• Map 4-08 Urban Growth Concept
• Map 4-09 Urban & Rural Reserves Designated Pursuant to OAR 660, Division 27
• Map 5-1 Scenic Roads
• Map 5-2a Planned Bikeway Network (Urban)
• Map 5-2b Planned Bikeway Network (Rural)
• Map 5-3 Essential Pedestrian Network
• Map 5-4a Road Functional Classification (Urban)
• Map 5-4b Road Functional Classification (Rural)
• Map 5-5 Metro Regional Street Design Classifications
• Map 5-6 Potentially Buildable Residential Sites > 5 Acres in UGB
• Map 5-7 Interchange Management Areas
• Map 5-8a Transit (Urban)
• Map 5-8b Transit (Rural)
• Map 5-8c High Capacity Transit (HCT) System Plan
• Map 5-9a Freight Routes (Urban)
• Map 5-9b Freight Routes (Rural)
• Map 5-9c Over Dimensional Freight Routes (Urban)
• Map 5-9d Over Dimensional Freight Routes (Rural)
• Map 5-10 Airports
• Map 5-11a Capital Improvement Plan (Greater Clackamas Regional Center/Industrial Area)
• Map 5-11b Capital Improvement Plan (East County)
• Map 5-11c Capital Improvement Plan (Greater McLoughlin Area)
• Map 5-11d Capital Improvement Plan (Northwest County)
• Map 5-11e Capital Improvement Plan (Southwest County - Northern Portion)
• Map 5-11f Capital Improvement Plan (Southwest County - Southern Portion)
• Map 5-12a_Principal Active Transportation Routes Urban
• Map 5-12b_Principal Active Transportation Routes Rural
• Map 9-01 Open Space Network & Recreation Needs
• Map 9-02 Urban Park & Recreation Sub-Areas
• Map 10-CR-01 North Bank Clackamas River Greenway
• Map 10-CRC-01 Clackamas Regional Center Area Design Plan Regional Center, Corridors and Station Community
• Map 10-CRC-03 Clackamas Regional Center Area Design Plan Urban Design Elements
• Map 10-CRC-04 Clackamas Regional Center Area Design Plan Transportation Network (Public and Private)
• Map 10-CRC-06 Clackamas Regional Center Area Design Plan Transit Network
• Map 10-CRC-07 Clackamas Regional Center Area Design Plan Bikeway and Path Network
• Map 10-CRC-07a Clackamas Regional Center Area Design Plan Walkway Network
• Map 10-CRC-08 Clackamas Regional Center Area Design Plan 82nd Avenue Access Management Targets
• Map 10-MC-01 McLoughlin Corridor Design Plan Design Plan Area
• Map 10-MC-02 McLoughlin Corridor Design Plan Location of Street Improvements
• Map 10-MH-01 Resource Protection Open Space
• Map 10-MH-02 Resource Protection Open Space
• Map 10-MH-03 Resource Protection Open Space
• Map 10-MH-04 Government Camp Village Plan Land Use Plan & Boundary
• Map 10-MH-05 Government Camp Village Plan Resource Protection Open Space
• Map 10-MH-06 Government Camp Village Plan Recreation Trails and Facilities
• Map 10-SC-01 Sunnyside Corridor Community Plan Community Plan Area and Corridor Design Type Location
• Map 10-SC-02 Sunnyside Corridor Community Plan Land Use Plan Map
• Map 10-SC-03 Sunnyside Corridor Community Plan New Streets 
• Map 10-SC-05 Sunnyside Corridor Community Plan Sunnyside Road Access Management Targets
• Map 10-SC-06 Sunnyside Corridor Community Plan Trails
• Map 10-SV-01 Sunnyside Village Plan Land Use Plan Map
• Map 10-SV-03 Sunnyside Village Plan Street Classifications
• Map 10-SV-04 Sunnyside Village Plan Park Locations & Sizes

Tables

• Table 3-01 Compatibility Criteria for Wildlife Sensitive Areas
• Table 3-02 Inventory of Mineral and Aggregate Resource Sites
• Table 4-1 Land Use Plan Designations and Implementing Zoning Districts
• Table 5-3a 20 Year Capital Projects
• Table 5-3b Preferred Projects
• Table 5-3c Long Term Capital Projects
• Table 5-3d Regional Capital Projects
• Table 9-01 Classifications and Standards
• Table 10-01 Non-Capital Projects

We have had several significant recent floods, such as the Sandy River flood of January 2011. In 1996, a warm-weather system known as a "Pineapple Express" caused many rivers and creeks throughout the region to rise to 100-year flood levels.

Although the floods of 1996 represented a large-scale disaster, they are not unprecedented within the recent past. The Christmas Flood of 1964 caused $157 million in damage, and 20 Oregonians lost their lives. Records dating back to the mid-1800s show at least seven significant Willamette River floods in the county. Flooding from the Clackamas River has dramatically affected the county at least five times.

Learn more about flooding preparedness on Disaster Management's webpage.

Floodplain Management District

The county regulates development in the floodplain through its Floodplain Management District, which may include requirements to elevate or floodproof new construction, or retrofit and elevate older structures being renovated that do not meet current floodplain development standards. Floodplain regulations also apply to streambank stabilization projects, and most development in the floodplain requires a floodplain development permit. For application requirements or to find out if you’re in a designated floodplain, contact the Planning and Zoning Division at zoninginfo@clackamas.us or 503-742-4500.

Floodplain Development Materials

• County Floodplain Ordinance
• Floodplain Development Application Form

Contacts

• Federal Emergency Management Agency (FEMA)
• Clackamas County Code Enforcement
• Clackamas County Department of Water Environment Services (WES)
• Clackamas County Library System (floodplain publications and other information)

The Clackamas County Zoning and Development Ordinance, also known as the ZDO, is made up of the requirements and standards that are applied to determining land use in the county.

The Zoning and Development Ordinance (ZDO) initially became effective on July 14, 1980, replacing the prior Zoning Ordinance. The legislative history that appears at the end of each ZDO section begins with the adoption of Ordinance ZDO-226, which became effective on March 7, 2011. For information on amendments that became effective between July 14, 1980 and March 7, 2011, contact Clackamas County Planning and Zoning.

Every effort is made to keep this site accurate and up to date, however the current version on file at the offices of the Department of Transportation and Development is the final authority. For questions about interpretation of these regulations, please contact the Planning and Zoning Division at 503-742-4500.

View proposed amendments.

• Chapter 1 - Introduction
• Chapter 2 - Citizen Involvement
• Chapter 3 - Natural Resources and Energy
• Chapter 4 - Land Use
• Chapter 5 - Transportation System Plan
• Chapter 6 - Housing
• Chapter 7 - Public Facilities and Services
• Chapter 8 - Economics
• Chapter 9 - Open Space, Parks and Historic Sites
• Chapter 10 - Community Plans and Design Plans
• Chapter 11 - The Planning Process
• Appendix A Maps and Documents Adopted by Reference
  • A.1 Habitat Conservation Area Maps
    (This is a very large document. Please call Planning & Zoning at 503-742-4500 or email us to view this document.)
  • A.2 Water Quality Resource Area Maps
    (This is a very large document. Please call Planning & Zoning at 503-742-4500 or email us to view this document.)
  • A.3 Board Order 2014-14 and All Attachments (Tonquin Aggregate Quarry)
  • A.4 Board Order 2020-16 and All Attachments (Cadman Materials Inc./Canby Pit, Phase 4)
  • A.5 Clackamas County Pedestrian Master Plan
  • A.6 Clackamas County Bicycle Master Plan
  • A.7 Clackamas County Airport Plan
  • A.8 SE 172nd Avenue/190th Drive Corridor Management Plan, February 2012, Revised January 2018
  • A.9 Clackamas County Active Transportation Plan, June 1, 2015
  • A.10 Phillips Creek Greenway Framework Plan
  • A.11 Clackamas Regional Center Pedestrian/Bicycle Plan
• Appendix B Summary of Supporting Documents
• Maps, Tables and Figures

Every effort is made to keep this site accurate and up to date, however the current version on file at the offices of the Department of Transportation and Development is the final authority. For questions about interpretation of these regulations, please contact the Planning and Zoning Division at 503-742-4500.

Proposed Amendments

In the early 1980s, the State of Oregon required each jurisdiction to inventory its historic resources. Clackamas County planners did field work and research, compiling 38 binders of the Cultural Resources Inventory, including approximately 3,000 structures. Inventoried properties have basic historical research, photos, and site plans. This inventory has been titled "A Reconnaissance Level Survey Report" by Oregon's State Historic Preservation Office (SHPO). There are no regulatory protections on inventoried properties.

Over about a 10-year span, approximately 300 buildings and structures in the unincorporated areas were further researched, evaluated for architectural and/or historical significance, and designated by the Board of County Commissioners as Clackamas County Historic Landmarks. The cities of Oregon City, Lake Oswego, Canby, West Linn, and the US Forest Service have preservation ordinances that allow them to designate their own historic landmarks. Since 1992, owners have been able to apply to have their historic properties designated as a county historic landmark. See Historic Landmark application.

A property owner must apply to SHPO for a National Register of Historic Places designation. Oregon's SHPO evaluates the nomination, recommends approval to the national level, and regulates National Register Landmarks in Oregon once they are listed. National Register properties automatically become local historic landmarks in most jurisdictions.

How property becomes a local historic landmark

Historic landmark designation may be initiated by the property owner or by a local agency. Historic Landmark applications are available through the Clackamas County Department of Transportation & Development Planning Division and on this website. A pre-application conference with the Historic Resource Planner is required. After review, historic landmark criteria evaluation, and public hearing, the Historic Review Board recommends whether to approve the historic landmark designation. The Board of County Commissioners make the final decision to apply a Historic Overlay Zone that enacts Historic Preservation Section 707 of the Clackamas County Zoning Ordinance. In Oregon, an "owner consent" provision requires the property owner to request or approve designation. Once a property has been designated, all alterations or additions to the exterior of the building require Historic Review Board approval. The Historic Overlay Zoning may offer more potential uses of the property and, when available, may make it eligible for restoration funding. More specific information is in Historic Preservation Section 707 of the Clackamas County Zoning Ordinance.

A commemorative "Clackamas County Historic Landmark" plaque is also available for the property owner for purchase to be placed on the building's exterior.

If you feel your Clackamas County property has historic merit, please contact the Planning Division at ZoningInfo@clackamas.us or 503-742-4500.

Clackamas County Historic Landmark Ordinance

As stated in Section 707 of the Clackamas County Zoning Ordinance, the purpose of the Historic Overlay Zone is to implement the goals and policies of the County's Comprehensive Plan and promote public health, safety, and general welfare by safeguarding the County's heritage as embodied and reflected in its historic resources. The provisions of the ordinance are intended to:

• Provide for the identification, protection, enhancement and use of sites, structures, corridors, objects and buildings within the County that reflect special elements of the County's architectural, archeological, artistic, cultural, engineering, aesthetic, historical, political, social, and other heritage;
• Facilitate restoration and upkeep of historic buildings, structures, and other physical objects or geographical areas;
• Encourage public knowledge, understanding, and appreciation of the County's history and culture;
• Foster community and neighborhood pride and sense of identity based on recognition and use of cultural resources;
• Promote the enjoyment and use of historic and cultural resources;
• Preserve diverse architectural styles reflecting phases of the County's history and encourage complementary design and construction impacting cultural resources;
• Enhance property values and increase economic and financial benefits to the County and its inhabitants;
• Identify and resolve conflicts between the preservation of cultural resources and alternative land uses; and
• Integrate the management of cultural resources and relevant data into public and private land management and development processes.

What makes a structure historic?

As stated in Section 707 of the Clackamas County Zoning Ordinance, a site, structure, or object may be zoned Historic Landmark if it is listed on the National Register of Historic Places or if it is rated as "significant" using the County's procedure for evaluating historic resources under the specific architectural, environmental, and historic association criteria. A site or structure must receive 40 or more points under the following criteria to be considered for Historic Landmark status:

Architectural significance

• It is an early (50 years or older) or exceptional example of a particular architectural style, building type, or convention.
• It possesses a high quality of composition, detailing, and craftsmanship.
• It is a good, or early, example of a particular material or method of construction.
• It retains, with little or no changes, its original design features, materials, and character.
• It is the only remaining, or one of the few remaining, properties of a particular style, building type, design, material, or method of construction.
• A Guide to Historic Building Types and Architectural Styles in Clackamas County

Environmental significance

• It is a conspicuous visual landmark in the neighborhood or community.
• It is well-located considering the current land use surrounding the property, which contributes to the integrity of the pertinent historic period.
• It consists of a grouping of interrelated elements including historic structures, plant materials and landscapes, viewsheds and natural features.
• It is an important or critical element in establishing or contributing to the continuity or character of the street, neighborhood, or community.

Historical significance

• It is associated with the life or activities of a person, group, organization, or institution that has made a significant contribution to the community, state, or nation.
• It is associated with an event that has made a significant contribution to the community, state, or nation.
• It is associated with, and illustrative of, broad patterns of cultural, social, political, economic, or industrial history in the community, state, or nation.
• It possesses the potential for providing information of a prehistoric or historic nature.
• Example: Barlow Road

Requirements for Historic Landmark property

Historic Landmark property is subject to the standard building and zoning code requirements. Demolition, lot-line changes, and relocation require County Planning staff review. If a project requires a building permit, generally the Historic Review Board must review and approve exterior alterations to existing buildings or new construction on the property based on Historic Preservation Section 707 of the Clackamas County Zoning Ordinance. A Historic Overlay Zone often enables a wider variety of uses for the property than is allowed in the underlying zoning.

The Historic Review Board advises the County on preservation of historic landmarks, districts and corridors in unincorporated areas. The HRB reviews applications for alterations, new construction, moving, demolition, conditional uses and land divisions on properties with a historic designation. It also considers applications to add or remove a historic designation. The HRB forwards its recommendations to the Planning Director or the Board of County Commissioners for consideration as part of the decision-making process.

The HRB makes its recommendations based on the County's historic preservation ordinance.

The Historic Review Board typically meets at 7 p.m. on the second Thursday of the month when necessary. The meetings are held virtually using the Zoom platform. For more information, contact Darcy Renhard in Planning and Zoning at drenhard@clackamas.us or 503-742-4545.

Responsibilities and Membership

The Historic Review Board, made up of seven people appointed by the Board of County Commissioners, is responsible for performing the following duties:

• review and make recommendations on all proposals to alter the exterior of a Historic Landmark
• review and make recommendations on all proposed new construction on property on which a Historic Landmark is located
• review and make recommendations on all applications referred by the Board of County Commissioners, Hearings Officer, Planning Commission or Design Review Committee
• review and make recommendations on all applications for zoning of a Historic Landmark
• review and make recommendations on all Historic Landmark conditional uses
• disseminate information to educate the public as to state and federal laws protecting antiquities and historic places

The members of the Historic Review Board are to be people who have demonstrated an interest in historic preservation and have experience and/or special expertise or knowledge in the field of historic preservation. Three positions are designated as architect, with knowledge in historic restoration; contractor, with expertise in construction techniques applied to historic structures, and representative from a historic group in the County.

Resources

Most local libraries, planning departments and museums have copies of the Cultural Resources Inventory for their area. Many local museums have extensive collections of local photos, archival records and preservation resources available. The National Trust for Historic Preservation, State Historic Preservation Office, Architectural Heritage Center (in Portland), Historic Preservation League of Oregon (HPLO), Oregon Preservation Alliance and Old Home Forum (in Oregon City) are all educational and support organizations for old-house owners. SHPO and HPLO also have lists of craftsmen who specialize in historic construction.

In addition to the resources already listed, several other sources of information are available for owners of historic homes. Searching the Internet using key words such as historic homes, preservation, building technology, real estate, architecture, restoration, renovation and Victorian will help you locate appropriate information.

Inventories and landmarks

Board members

• Michael Schmeer, Chair
• Rick Cook
• Paul Edgar
• Pam Krecklow
• Cherie McGinnis-Kennemer
• Megan Oldenstadt
• Howard Post

On occasion the Clackamas County Planning & Zoning Division mails color postcards to property owners in specific zones to notify them that a change in land use regulations has been proposed that could affect how an owner could use their property. The notice has the following statement at the top:

THIS IS TO NOTIFY YOU THAT CLACKAMAS COUNTY HAS PROPOSED A CHANGE IN LAND USE REGULATIONS THAT MAY AFFECT THE PERMISSIBLE USES OF YOUR PROPERTY AND OTHER PROPERTY.

Here are answers to a few questions you might have if you received such a notice.

"My heart arose in gratitude to God that we had been spared to reach this land! Six long months have elapsed since we left our native land, and now after having passed through dangers seen and unseen, sickness, trial and difficulty, toil and fatigue, we are safely landed on the Pacific shores!"

Ester Hanna
September 16, 1852

The Barlow Road in Clackamas County

Many early pioneers recorded their journey along the Barlow Road, the westernmost segment of the Oregon Trail, in their diaries and journals. In doing so, they not only documented their daily life along the trail, but described the location of this historic roadway.

With this information and physical evidence from the historic roadway, history buffs, property owners and archeologists have been able to determine the location of the Barlow Road in Clackamas County. The preservation of the Barlow Road began with the pioneers, has been managed through numerous property owners and historians, and is now the responsibility of the current land owners.

In 1993, the Barlow Road Management Plan was adopted by the Clackamas County Board of Commissioners through an extensive public process. The Plan outlined ways to preserve the Barlow Road for education and enjoyment today and in the future, and identified the need to develop a brochure to aid property owners in maintaining their portion of the Barlow Road.

Today there are traces of the original Barlow Road on only 11 miles of the total 50-mile Barlow Road Historic Corridor in Clackamas County. Much of the road has vanished (often in recent years) due to residential and commercial development, agricultural use and natural erosion. The low visibility of many of the remaining traces also makes them vulnerable, particularly when involving a variety of property owners who may be unaware of the remnants, have varying degrees of interest or do not know how to care for the road. Therefore, the following information is provided to help protect and preserve existing road remnants and the historic landscape to avoid further loss.

Eight simple guidelines

1. Let low native grasses grow
   Native vegetation helps prevent erosion of the land.
2. Leave the larger trees (over 18 inches in diameter)
   These trees help date the road and may determine when the road was abandoned.
3. Leave rocks and boulders in place
   Rocks were often moved by pioneers to make way for their wagons.
4. Do not disturb the surface of the roadway
   Leave the soil and original grade of land intact for research purposes.
5. Prune trees if needed
   Prune during the spring or fall to avoid damage to their natural growth pattern.
6. Remove seedlings, fallen trees and brush from the roadbed
   This should not be done with heavy equipment, which may disturb the road surface.
7. Search for artifacts
   Look for nails, barrel rims, horseshoes, ox shoes, signs of structures, etc. on the surface and for 200 feet either side of the trail. Leave objects where they are found, but mark the spot or document the object's location so it can be used in the future by research historians. Seek assistance when unable to determine the historical nature of possible artifacts.
   Contact the Clackamas County Department of Transportation and Development with any information which can be included with other Barlow Road documentation.
8. Remove non-historic items
   Remove any trash or objects foreign to the historic character of the roadbed.

Preserving the road

Preservation, in general, means the least change and the most respect for historic sites which, in this case, is primarily the land and vegetation itself. The Barlow Road, being the final segment of the Oregon Trail, is different from other portions in the United States because it traverses through land forested with Douglas-fir. Most wagon ruts are no longer visible and vegetation is often very dense. The road now appears as a flat open swale or depression of land roughly 8 to 10 feet wide, often overgrown with brush or berries with larger trees and sometimes boulders on either side of the swale. In order to retain the atmosphere of what the settlers may have seen along the way, the width of the road and its contour should not be altered. The older trees and plants should be preserved because the trees can help date the trail and the other native vegetation protects it from erosion. Therefore, the property can be maintained with a small amount of effort.

Not every property along the Barlow Road Historic Corridor has clearly visible remnants of the road. However, those properties with little physical evidence are important because they are part of the historic corridor and contribute to the continuity of the entire Barlow Road.

Why preserve?

Preserving historic roads creates a connection with and appreciation for how people traveled and lived during the Western emigration. The remaining bits of evidence along the road may be few and far between, but they are elements of an important chapter in Oregon history. Each property is part of a network that makes up the history of the Barlow Road, and the Barlow Road Historic Corridor can only he managed through a partnership with the property owners. Participation in this preservation program is voluntary. Property owners who are active in maintaining their land should be praised for their dedication and hard work, and encouraged to continue their efforts. Property-owner stewardship is essential for saving this invaluable and irreplaceable piece of history and the only way to keep the Barlow Road Historic Corridor intact for future generations.

For more information, contact:

Historic Resource Planner
Clackamas County Department of Transportation and Development

Special thanks to:
Mazamas
US Forest Service

Cover Photo:
Oregon Historical Society
Negative Number OrHi 178 Lot 606

Published 1983. Revised 2008.

• Accessory Dwelling in Conjunction with Farm Use
• Accessory Historic Dwelling
• Address Request
• Agri-Tourism or Other Event or Activity
• Appeal Form
• Comprehensive Plan Map Amendment and Zone Change
• Conditional Use
• Credit Card Authorization Form
• Design Review
• Dwelling in Conjunction with a Farm Use on High or Low Value Farm Land
• Dwelling Not in Conjunction with a Farm Use
• Event Information Form
• Farm Stand
• Floodplain Development
• Floodplain Development Information
• Forest Dwelling
• General Land Use Application
• HCA Development
• HCA Map Verification
• HCA WQRA Construction Management Plan Information
• Historic Property Alteration, New Construction, Moving, Demolition
• Historic Property Maintenance
• Home Occupation
• Home Occupation Exception
• Hydrogeologic Review Reports Preparation Guidance
• Lot of Record Dwelling on Low Value Farmland
• Marijuana Processing in AGF or EFU Districts
• Marijuana Processing, Production, or Wholesaling in Industrial Zoning Districts - LUCS Approval
• Marijuana Production in AGF, EFU, or TBR Districts
• Marijuana Production in FF-10 or RRFF-5 Districts
• Marijuana Retailing
• Marijuana Statement of Use or Uses
• Mass Movement Hazard Area Development
• Middle Housing Land Division
• Mobile Vending Unit - Level 2
• Mobile Vending Unit - Level 3
• Modification
• Multiple Dwelling Land Division in AG/F or TBR Districts
• Nonconforming Use
• Partition
• Pre-Application Conference Information and Request Form
• Preliminary Statement of Feasibility
• Principal River Conservation Area Review
• Property Line Adjustment
• Reconstruction, Repair, Rehabilitation, Addition, or Other Improvement in the Floodplain Management District
• Recreational Vehicle as Second Dwelling
• Relative Farm Help Dwelling
• Replacement Dwelling Agreement Form
• Replacement Dwelling in AG/F, EFU and TBR Districts
• Replat
• Research Request
• Shelter Siting Application
• Sign Without a Building Permit
• Site Plan Sample
• Statement of Use - DMV
• Steep Slope Review as Type I
• Steep Slope Review as Type II
• Stream Conservation Area Review
• Subdivision
• Temporary Dwelling for Care
• Temporary Dwelling While Building
• Temporary Emergency Shelter
• Temporary Use Otherwise Prohibited
• Time Extension
• Utility Facility in EFU District
• Variance
• Vested Right Determination
• Willamette River Greenway
• Willamette River Greenway Dock or Boathouse
• Wireless Telecommunication Facility - Level One
• Wireless Telecommunication Facility - Level Two as a Primary Use
• WQRA Boundary Verification
• WQRA Development Permit
• Zone Change

 FIRST ASSIGNMENT OF ERROR: Goals Exception, House Bill 3214 and amendments to OAR 660-004-0018(2).

1. Despite the LUBA decision requiring a Reasons Exception, the Board finds that House Bill 3214 resulted in amendments to OAR 660-004-0018(2).
2. In House Bill 3214 the Oregon Legislature directed the LCDC as follows: "The [LCDC] shall adopt or amend rules regarding the statewide planning goal criteria described in ORS 197.732(2)(a) and (b). The rules adopted or amended pursuant to this subsection must allow a local government to rezone land in an area physically developed or committed to residential use, as described in ORS 197.732, without requiring the local government to take a new exception to statewide planning goals related to agricultural and forest lands. The rules must allow for a rezoning that authorizes the change, continuation or expansion of an industrial use that has been in operation for the five years immediately preceding the formal land use planning action that was initiated for the change, continuation or expansion of use."
3. The LCDC amended OAR 660-004-0018(2) to allow physically developed or irrevocably committed exceptions "to those that satisfy (a) or (b) or (c) and, if applicable, (d):" which no longer requires compliance with all subsections of Section -0018(2) to avoid a Reasons Exception under Section -0018(4).
4. The Board finds the subject area was never zoned for agricultural or forest use because the County zoned the subject property RRFF-5 and designated it Rural in 1980.
5. The Board finds that its original findings relating to satisfaction of OAR 660-004-0018(2)(b)(A)-(C) together with the LUBA's findings at page 9- "We think the county's findings are adequate to explain why the RI plan and zone designations meet OAR 660-004-0018(2)(b)(A)-(C)." show that an exception to Goals 3 and 4 is not required.

SECOND ASSIGNMENT OF ERROR: Future driveway relocation and ODOT safety requirements.

1. The Oregon Department of Transportation standards require that when a development application is submitted to the County, the access to the site is to be relocated to comply with sight distance safety standards.
2. The Board finds that the location of the future driveway access is approximately 100 feet to the north of the northern existing driveway access to State Highway 213 according to the revised traffic study submitted by Lancaster Engineering.
3. The Board finds that two applicable standards apply to the driveway in its present and relocated position, ODOT sight distance safety standards applicable to Hwy 213 and the County's historical commitment Policy 3.0(a). The Board finds that rezoning the driveway in its present location is permissible without a development application and because that driveway has a clear historical commitment to industrial uses under Policy 3.0(a). When balancing the interests of the County in promoting transportation safety against rezoning the driveway in its present location the Board finds that Conditions of Approval 2 and 3 which require relocation of the driveway access within one year should remain in force which provides the applicant with increased transportation safety on State Highway 213. The Board also finds that when the driveway is abandoned in its present location and relocated according to Conditions of Approval 2 and 3 to preserve transportation safety, the historical commitment to industrial uses which is long standing at the driveway's present location must be balanced against the interest of the County and State in providing safe transportation facilities and that long standing commitment supports the finding of rezoning the driveway in its future location under the Board's sound interpretation of its own Policy 3.0(a).

THIRD ASSIGNMENT OF ERROR: RI use consistency with the rural character of the area.

1. All adjacent and surrounding properties to the north, east, south and west, on the west side of Highway 213 are zoned RRFF-5 and are developed with residential, commercial and industrial uses. These properties have a rural character.
2. The Board finds this extensive record shows Hal's Construction is a paving contractor where the company's work occurs offsite. While there may be up to 40 employees employed by Hal's Construction, the Board finds that any onsite labor consists of clerical and equipment servicing and is only ancillary to the offsite work and is not labor intensive.
3. Because the existing industrial uses permitted under the RI are not labor intensive and because this rural area is a mix of rural uses the RI uses are consistent with the rural character for the area.

SEVENTH AND TENTH ASSIGNMENTS OF ERROR: Driveway Relocation Notice.

1. The subject property has two driveways which provide direct access to State Highway 214. Both driveways have inadequate sight distance to the south according to ODOT standards. The applicant proposed to remove both driveways and construct on new driveway further north based on ODOT safety requirements for sight distance.
2. ODOT has determined that there is a suitable location to construct a driveway to meet the minimum sight distance standards. This location is set out in Exhibit B to the Order.
3. The map showing compliance with the Oregon Department of Transportation's relocation for driveway access was distributed with the Notice for the remand hearing which provides for review and response.

EIGHTH ASSIGNMENT OF ERROR: Site Use Limits.

1. The Board finds that amendments to OAR 660-004-0018(2) required by the Oregon Legislature in HB 3214 provide that the existing conditions of approval regarding site use limits are adequate.

NINTH ASSIGNMENT OF ERROR: Mitigation Based on a Revised Traffic Study and Conditions of Approval 4, 5 and 6.

1. The LUBA decision required a revised Traffic Impact Study by Lancaster Engineering to compare the most traffic generative uses in the RRFF-5 and RI zones in order to determine whether or not mitigation efforts need to be increased.
2. As the County previously found, the increased traffic under the RI zone would significantly affect two transportation facilities.
3. Comparing the most traffic generative uses in the RRFF-5 and RI zones in the revised transportation report, the mitigation efforts set forth in Conditions 4, 5, and 6 are sufficient to comply with the Transportation Planning Rule.
4. The County finds that mitigation set forth in Conditions 4, 5, and 6 need to be completed within 1 year of this Decision.

TENTH ASSIGNMENT OF ERROR: Compliance with CCZO 1202.01(E). 

1. CCZO 1202.01(E) requires that the safety of the transportation system is adequate to serve the level of development anticipated by the zone change.
2. The revised Traffic Study prepared by Lancaster Engineering addresses safety concerns from the relocation of the driveway access for the site. The Board finds that the standard in CCZO 1202.01(E) is satisfied.