For the purposes of this title, the following zoning districts are established:

Statutory Reference: ORS Ch. 197, Ch. 227

History: Ord. 1131 §2, 1990; Ord. 1334, 2002; Ord. 1517 §1 (Exh. A), 2023.

Each zoning district designation, with the exception of the DC, WQ, GW and FM overlay districts, corresponds to a comprehensive plan designation and shall be applied only to areas where the two designations are consistent. The corresponding designations are as follows:

Statutory Reference: ORS Ch. 197, Ch. 227

History: Ord. 1131 §2, 1990; Ord. 1334, 2002; Ord. 1517 §1 (Exh. A), 2023.

The boundaries for the zoning districts listed in this title are indicated in the city zoning map which is included by reference in this section. The boundaries shall be modified in accordance with zoning map amendments which shall be adopted by reference.

Statutory Reference: ORS Ch. 197, Ch. 227

History: Ord. 1131 §2, 1990.

Unless otherwise specified, zoning district boundaries are section lines, subdivision lines, lot lines, center lines of streets or railroad rights-of-way, or such lines extended.

Statutory Reference: ORS Ch. 197, Ch. 227

History: Ord. 1131 §2, 1990.

Zoning or land use ordinances applied to areas outside the city shall continue to apply to land that is annexed into the city until the city alters or discontinues such ordinances by the procedures outlined in GMC Chapter 17.68 (amendments and zone changes).

Statutory Reference: ORS Ch. 197, Ch. 227

History: Ord. 1131 §2, 1990.

(1) A zoning map or zoning map amendment adopted by GMC Section 17.08.030 (location of districts) or by an amendment thereto shall be prepared by authority of the Planning Commission or via modification by the City Council of a map or map amendment so prepared.

(2) The map or map amendment shall be dated with the effective date of the ordinance that adopts the map or map amendment.

(3) A certified print of the adopted map or map amendment shall be maintained in the office of the City Recorder as long as the ordinance codified in this title remains in effect.

Statutory Reference: ORS Ch. 197, Ch. 227

History: Ord. 1131 §2, 1990.

The purpose of an R-7.2 district is to implement the Comprehensive Plan and to provide land for households desiring to live in an environment of single-household and middle housing dwellings.

Statutory Reference: ORS Ch. 197, Ch. 227

History: Ord. 1131 §2, 1990; Ord. 1499 §1 (Exh. A), 2020; Ord. 1515 §2 (Exh. B), 2022; Ord. 1535 §1 (Exh. A), 2024.

In an R-7.2 zoning district, the following uses and their accessory uses are allowed outright:

(1) Single-household dwelling, including a manufactured dwelling or prefabricated dwelling.

(2) Middle housing.

(3) Foster home.

(4) Family child care home.

(5) Single-room occupancy, up to six units on each lot or parcel.

Statutory Reference: ORS Ch. 197, Ch. 227

History: Ord. 1131 §2, 1990; Ord. 1188 §1, 1994; Ord. 1323 1, 2002; Ord. 1499 §1 (Exh. A), 2020; Ord. 1515 §2 (Exh. B), 2022; Ord. 1535 §1 (Exh. A), 2024.

Accessory uses shall comply with all the requirements of this zoning district, except as this section allows to the contrary. All accessory structures shall be subject to GMC Chapter 17.54 (Clear Vision). The following accessory uses shall be allowed in an R-7.2 zoning district:

(1) Buildings. Garages and carports, storage and other buildings, as follows:

(a) Either the side, except a street side, or rear setback may be reduced to five feet for structures that:

(A) Are detached from other buildings on the same lot by a minimum of 10 feet;

(B) Do not exceed a height of one story; and

(C) Do not exceed a floor area of 450 square feet.

(b) Either the side, except a street side, or rear setback may be reduced to three feet for structures that do not exceed a floor area of 120 square feet.

(c) A wall of rated, fire-resistive construction may be required by the Oregon Structural Specialty Code or its successor.

(d) A setback does not apply to portable storage containers as defined in GMC Chapter 5.22.

(2) Courtyards, Patios and Decks. The minimum side, except street side, and rear setbacks for uncovered courtyards, patios and decks in excess of 30 inches in height shall be five feet. The minimum front and street side setbacks for such courtyards, patios and decks shall be 15 feet. No setbacks shall be required for uncovered courtyards, patios or decks 30 inches or less in height.

When calculating the height of a courtyard, patio or deck, railings and benches shall be excluded from the calculation.

(3) Fences and Walls. The following standards shall apply to fences and walls of all types whether open, solid, wood, metal, masonry or other material:

(a) When located between the front lot line and the front building line, fences and walls shall not exceed three feet in height.

(b) Fences and walls not subject to subsection (3)(a) of this section shall not exceed six feet in height.

(c) An exception may be granted to the maximum fence or wall height standards for conditional or nonconforming uses. Such an exception may be granted pursuant to review of an application for conditional use; alteration, expansion or change of use of a nonconforming use; or design review and when an exception is found necessary to provide adequate screening for the use.

(4) Storage. Storage of boats, trailers, pickup campers, coaches, motorhomes and similar recreation equipment. Occupancy of such equipment is subject to a temporary permit under GMC Chapter 15.28 (Temporary Dwellings).

(5) Accessory dwelling units, subject to the following standards:

(a) Only one accessory dwelling unit per lot shall be permitted;

(b) The floor area of an accessory dwelling unit shall be a minimum of 220 square feet and not exceed 800 square feet. Conversion of an existing basement to an ADU shall be exempt from the maximum size limit; provided, that no new floor area will be added with the conversion;

(c) An accessory dwelling unit shall not contain more than two bedrooms;

(d) Only one entrance, other than a vehicular entrance to a garage, may be located on the street-facing facade of the structure containing the primary dwelling unit unless this structure had additional entrances before the accessory dwelling unit was created and the number of entrances will not be increased;

(e) The exterior finish materials—including siding, trim and roofing—of an accessory dwelling unit shall be the same or visually similar to those of the primary dwelling unit with respect to type, size, placement and color;

(f) The roof pitch of an accessory dwelling unit shall be the same as the predominant roof pitch of the primary dwelling unit;

(g) The windows of an accessory dwelling unit shall be the same or visually similar to those of the primary dwelling unit;

(h) The eaves on an accessory dwelling unit shall project from the structure walls the same distance as the eaves on the primary dwelling unit;

(i) An accessory dwelling unit shall comply with the minimum yard requirements and maximum building height established in GMC Section 17.10.050.

(j) An accessory dwelling unit used as a vacation rental shall provide:

(A) One off-street parking space in addition to the off-street parking space required by GMC Chapter 17.48 (Off-Street Parking and Loading) for the primary dwelling unit; and

(B) A deed restriction requiring owner-occupancy of one of the units recorded in the Clackamas County Clerk’s Office in a form prescribed by the city. Either the primary dwelling unit or the accessory dwelling unit shall be owner-occupied for as long as the accessory dwelling unit is being used as a vacation rental.

(6) Swimming Pools, Ponds and Hot Tubs. The minimum side, street side and rear setbacks for swimming pools, ponds and hot tubs shall be three feet. The minimum front setback for ponds no greater than five feet wide and no more than two feet deep shall be three feet.

(7) Home Occupations. Home occupations shall be subject to GMC Chapter 17.78 (Home Occupations).

Statutory Reference: ORS Ch. 197, Ch. 227

History: Ord. 1131 §2, 1990; Ord. 1289 §1, 2000; Ord. 1323 §1, 2002; Ord. 1392 §3, 2007; Ord. 1499 §1 (Exh. A), 2020; Ord. 1515 §2 (Exh. B), 2022; Ord. 1535 §1 (Exh. A), 2024.

In an R-7.2 zoning district, the following uses and their accessory uses are allowed subject to GMC Chapter 17.70 (Conditional Uses):

(1) Multi-household dwelling, five- to eight-unit building on a collector or minor arterial.

(2) Church and associated buildings and structures.

(3) Fire station or similar public use necessary to provide service or preserve public safety in the area.

(4) Community center, day care center.

(5) Nursing homes and homes for the aged.

(6) School and associated buildings, structures and facilities.

(7) Utility facility; provided, that no outside storage is involved.

(8) Group homes.

(9) Planned unit development (PUD).

Statutory Reference: ORS Ch. 197, Ch. 227

History: Ord. 1131 §2, 1990; Ord. 1323 §1, 2002; Ord. 1499 §1 (Exh. A), 2020; Ord. 1515 §2 (Exh. B), 2022; Ord. 1535 §1 (Exh. A), 2024.

Except as provided in GMC Chapters 17.38 (Planned Unit Development), 17.72 (Variances) and 17.76 (Exceptions), the following dimensional standards shall apply in an R-7.2 zoning district:

(1) All PUDs with residential uses must include a mix of two or more middle housing types for a minimum of 25 percent of the total dwelling units proposed.

(2) Exceptions in Case of Large-Scale PUD. The dimensional standards of this section may be modified by the Planning Commission in the case of a plan and program for a planned unit development, providing the modifications are not detrimental to the public health, safety and welfare and provided the Planning Commission determines there is provision for adequate public spaces and improvements for the circulation, recreation, light, air and service needs of the developed tract and its relation to adjacent areas and for such covenants or other legal provisions as will assure conformity to and achievement of the plan.

Statutory Reference: ORS Ch. 197, Ch. 227

History: Ord. 1188 §1, 1994; Ord. 1289 §1, 2000; Ord. 1499 §1 (Exh. A), 2020; Ord. 1515 §2 (Exh. B). 2022; Ord. 1535 §1 (Exh. A), 2024.

The following dimensional standards apply to cottage cluster development in the R-7.2 zone. Where conflicts arise between the standards within this section and elsewhere in the code, the standards of this section will supersede.

(1) Dimensional Standards.

(a) Minimum Lot Size and Dimensions. Cottage clusters shall meet the minimum lot area standards that apply to detached single-household dwellings in the R-7.2 zone.

(b) Setbacks and Building Separation.

(A) Setbacks. Cottage clusters shall meet the minimum setback standards:

(i) Front setbacks: 10 feet;

(ii) Side setbacks: five feet;

(iii) Rear setbacks: 10 feet.

(B) Building Separation. Cottages shall be separated by a minimum distance of six feet. The minimum distance between all other structures, including accessory structures, shall be in accordance with building code requirements.

(c) Average Unit Size. The maximum average floor area for a cottage cluster is 1,400 square feet per dwelling unit. Community buildings shall be included in the average floor area calculation for a cottage cluster.

History: Ord. 1515 §2 (Exh. B), 2022; Ord. 1518 §1 (Exh. A), 2022; Ord. 1535 §1 (Exh. A), 2024.

(1) Attached Garage. The following standard shall apply to the construction of a garage attached to a single-household dwelling. An existing garage, legally constructed prior to the adoption of this standard, that does not conform to this standard may be remodeled or expanded, provided such remodeling or expansion shall not further reduce the structure’s compliance with this standard.

(a) The length of the garage wall facing the street may be up to 50 percent of the length of the street-facing building facade. On corner lots only one street-facing garage wall must meet this standard unless there are two garages, such as in the case of a two-household dwelling.

(2) Main Entrance. The main entrance of a single-household dwelling shall:

(a) Face the street lot line. On a corner lot, the main entrance may face either street lot line or the corner; or

(b) The main entrance shall open onto a covered porch that has an entrance that faces the street lot line. The porch and its roof shall each be at least 40 square feet in area and neither the width nor the depth shall be less than five feet.

(3) Curbs and Sidewalks. Provide curbs, associated drainage, and sidewalks within the right-of-way or easement for public roads and streets. Improvements installed by a developer shall conform to the standards of this title, GMC Chapter 12.02 (Street Excavation Requirements) and to any supplemental design and construction specifications adopted by the city for such improvements. This shall apply to new structures and expedited land divisions as defined by ORS 197.360, with the following exceptions:

(a) There are no existing sidewalks within 200 feet of the subject parcel, and no planned sidewalk network in the area as identified in the Transportation System Plan.

(b) When sidewalks and other frontage improvements would be located on land with cross slopes greater than nine percent as shown on the site plan submitted with the building permit.

(4) Design Features. Single-household dwellings and duplexes, triplexes, quadplexes, town-homes, and cottage clusters shall include at least four of the following design features on each street-facing facade:

(a) Dormer;

(b) One or more windows that face the street lot line;

(c) Cupola;

(d) Bay or bow window;

(e) Gable;

(f) Covered porch entry;

(g) Eaves (minimum 12-inch projection);

(h) Offset on building face or roof (minimum 16 inches);

(i) Recessed garage entrance for street-facing garage (minimum 16 inches);

(j) Roof pitch of not less than three feet in height for each 12 feet in width; and

(k) A garage or carport. The garage or carport can be attached (see subsection (1) of this section) or detached.

(5) Foundations shall meet the following design standards:

(a) The dwelling shall be placed on an excavated, backfilled foundation and enclosed at the perimeter such that no more than 12 inches of the enclosing material is exposed above grade; and

(b) Where the building site has a sloped grade, no more than 12 inches of the enclosing material shall be exposed on the uphill side of the home; and

(c) If the dwelling sits on a basement, the 12-inch limitation shall not apply.

(6) As part of the building permit process for manufactured dwellings, the applicant shall provide a certification from the manufacturer that the manufactured dwelling has an exterior thermal envelope meeting performance standards which reduce levels equivalent to the performance standards required of single-household dwellings constructed under the Low-Rise Residential Dwelling Code as defined in ORS 455.010.

Statutory Reference: ORS Chs. 197, 227

History: Ord. 1188 §1, 1994; Ord. 1289 §1, 2000; Ord. 1499 §1 (Exh. A), 2020; Ord. 1515 §2 (Exh. B), 2022; Ord. 1518 §1 (Exh. A), 2022; Ord. 1535 §1 (Exh. A), 2024.

The following design standards apply to cottage cluster development in the R-7.2 zone. Where conflicts arise between the standards within this section and elsewhere in the code, the standards of this section will supersede.

(1) Cottage Orientation. Cottages must be clustered or abut around a common courtyard or are directly connected to it by a pedestrian path, and must meet the following standards (see Figure 1):

(a) Each cottage within a cluster must either abut the common courtyard or must be directly connected to it by a pedestrian path that is at least four feet wide.

(b) A minimum of 50 percent of cottages within a cluster must be oriented to the common courtyard and must:

(A) Have a main entrance facing the common courtyard;

(B) Be within 10 feet from the common courtyard, measured from the facade of the cottage to the nearest edge of the common courtyard; and

(C) Be connected to the common courtyard by a pedestrian path.

(c) Cottages within 20 feet of a street property line may have their entrances facing the street.

(d) Cottages not facing the common courtyard or the street must have their main entrances facing a pedestrian path that is directly connected to the common courtyard.

Figure 1. Cottage Cluster Orientation and Common Courtyard Standards

(2) Common Courtyard Design Standards. Each cottage cluster must share a common courtyard in order to provide a sense of openness and community of residents. Common courtyards must meet the following standards:

(a) The common courtyard must be a single, contiguous piece.

(b) The common courtyard must contain a minimum of 150 square feet per cottage within the associated cluster.

(c) The common courtyard must be a minimum of 15 feet wide at its narrowest dimension.

(d) The common courtyard shall be developed with a mix of landscaping, lawn area, pedestrian paths, and/or paved courtyard area, and may also include recreational amenities. Impervious elements of the common courtyard shall not exceed 75 percent of the total common courtyard area.

(e) Pedestrian paths must be included in a common courtyard. Paths that are contiguous to a courtyard shall count toward the courtyard’s minimum dimension and area. Parking areas, required setbacks, and driveways do not qualify as part of a common courtyard.

(3) Pedestrian Access.

(a) An accessible pedestrian path that is at least four feet wide must be provided that connects the main entrance of each cottage to one or all the following:

(A) The common courtyard;

(B) Shared parking areas;

(C) Community buildings; and

(D) Sidewalks in public rights-of-way abutting the site or rights-of-way if there are no sidewalks.

(b) The pedestrian path must be hard-surfaced and a minimum of four feet wide.

(4) Parking Location and Access.

(a) Off-street parking spaces and vehicle maneuvering areas shall not be located:

(A) Within 20 feet from any street property line, except alley property lines;

(B) Between a street property line and the front facade of cottages located closest to the street property line. This standard does not apply to alleys.

(b) Off-street parking spaces shall not be located within 10 feet of any other property line, except alley property lines. Driveways and drive aisles are permitted within 10 feet of other property lines.

(c) Clustered Parking. Off-street parking may be arranged in clusters and separated from common spaces by at least four feet of landscaping.

(5) Screening. Landscaping, fencing, or walls at least three feet tall shall separate clustered parking areas and parking structures from common courtyards and public streets.

(6) Garages and Carports.

(a) Garages and carports (whether shared or individual) must not abut common courtyards.

(b) Individual attached garages up to 200 square feet shall be exempted from the calculation of maximum building footprint for cottages.

(c) Individual detached garages must not exceed 400 square feet in floor area.

(d) Garage doors for attached and detached individual garages must not exceed 20 feet in width.

History: Ord. 1515 §2 (Exh. B), 2022; Ord. 1535 §1 (Exh. A), 2024.

Manufactured housing shall not be allowed in any area designated in an acknowledged Comprehensive Plan or land use regulation as an historic district or on residential land immediately adjacent to an historic landmark.

Statutory Reference: ORS Ch. 197, Ch. 227

History: Ord. 1188 §1, 1994; Ord. 1323 §1, 2002; Ord. 1499 §1 (Exh. A), 2020; Ord. 1535 §1 (Exh. A), 2024.

The purpose of an R-5 district is to implement the Comprehensive Plan and to provide land for families and individuals desiring to live in an environment of mixed single-household and middle housing dwellings.

Statutory Reference: ORS Ch. 197, Ch. 227

History: Ord. 1131 §2, 1990; Ord. 1499 §1 (Exh. B), 2020; Ord. 1515 §2 (Exh. B), 2022; Ord. 1535 §1 (Exh. A), 2024.

In an R-5 zoning district, the following uses and their accessory uses are allowed outright:

(1) Single-household dwelling, including a manufactured dwelling or prefabricated dwelling.

(2) Middle housing.

(3) Manufactured dwelling park, subject to GMC Section 17.62.070 (Manufactured dwelling park).

(4) Family child care home.

(5) Single-room occupancy, up to six units on each lot or parcel.

Statutory Reference: ORS Chs. 197, 227

History: Ord. 1131 §2, 1990; Ord. 1144 §1, 1991; Ord. 1171 §1(C), 1993; Ord.1291 §1, 2000; Ord.1323 §1, 2002; Ord. 1499 §1 (Exh. B), 2020; Ord. 1515 §2 (Exh. B), 2022; Ord. 1535 §1 (Exh. A), 2024.

Accessory uses shall comply with all the requirements of this zoning district, except as this section allows to the contrary. All accessory structures shall be subject to GMC Chapter 17.54 (Clear Vision). The following accessory uses shall be allowed in an R-5 zoning district:

(1) Buildings. Garages and carports, storage and other buildings, as follows:

(a) Either the side, except a street side, or rear setback may be reduced to zero for one accessory structure, provided such structure:

(A) Is detached from other buildings;

(B) Does not exceed a height of one story; and

(C) Does not exceed a floor area of 450 square feet;

(b) A wall of rated, fire-resistive construction may be required by the Oregon Structural Specialty Code or its successor.

(c) When more than one accessory structure is present including a portable storage container, as defined in GMC Chapter 5.22, a setback does not apply to the portable storage container.

(2) Courtyards, Patios and Decks. The minimum side, except street side, and rear setbacks for uncovered courtyards, patios and decks in excess of 30 inches in height shall be five feet. The minimum front and street side setbacks for such courtyards, patios and decks shall be 15 feet. No setbacks shall be required for uncovered courtyards, patios and decks 30 inches or less in height.

When calculating the height of a courtyard, patio or deck, railings and benches shall be excluded from the calculation.

(3) Fences and Walls. The following standards shall apply to fences and walls of all types whether open, solid, wood, metal, masonry or other material.

(a) When located between the front lot line and the front building line, fences and walls shall not exceed three feet in height;

(b) Fences and walls not subject to subsection (3)(a) of this section shall not exceed six feet in height.

(c) An exception may be granted to the maximum fence or wall height standards for conditional or nonconforming uses. Such an exception may be granted pursuant to review of an application for conditional use; alteration, expansion or change of use of a nonconforming use; or design review and when an exception is found necessary to provide adequate screening for the use.

(4) Storage. Storage of boats, trailers, pickup campers, coaches, motorhomes and similar recreation equipment. Occupancy of such equipment is subject to a temporary permit under GMC Chapter 15.28 (Temporary Dwellings).

(5) Accessory dwelling units, subject to the following standards:

(a) Only one accessory dwelling unit per lot shall be permitted;

(b) The floor area of an accessory dwelling unit shall be a minimum of 220 square feet and not exceed 800 square feet. Conversion of an existing basement to an ADU shall be exempt from the maximum size limit; provided, that no new floor area will be added with the conversion;

(c) An accessory dwelling unit shall not contain more than two bedrooms;

(d) Only one entrance, other than a vehicular entrance to a garage, may be located on the street-facing facade of the structure containing the primary dwelling unit unless this structure had additional entrances before the accessory dwelling unit was created and the number of entrances will not be increased;

(e) The exterior finish materials—including siding, trim and roofing—of an accessory dwelling unit shall be the same or visually similar to those of the primary dwelling unit with respect to type, size, placement and color;

(f) The roof pitch of an accessory dwelling unit shall be the same as the predominant roof pitch of the primary dwelling unit;

(g) The windows of an accessory dwelling unit shall be the same or visually similar to those of the primary dwelling unit;

(h) The eaves on an accessory dwelling unit shall project from the structure walls the same distance as the eaves on the primary dwelling unit;

(i) An accessory dwelling unit shall comply with the minimum yard requirements and maximum building height established in GMC Section 17.10.050;

(j) An accessory dwelling unit used as a vacation rental shall provide:

(A) One off-street parking space in addition to the off-street parking space required by GMC Chapter 17.48 (Off-Street Parking and Loading) for the primary dwelling unit; and

(B) A deed restriction requiring owner-occupancy of one of the units recorded in the Clackamas County Clerk’s Office in a form prescribed by the city. Either the primary dwelling unit or the accessory dwelling unit shall be owner-occupied for as long as the accessory dwelling unit is being used as a vacation rental.

(6) Swimming Pools, Ponds and Hot Tubs. The minimum side, street side and rear setbacks for swimming pools, ponds and hot tubs shall be three feet. The minimum front setback for ponds no greater than five feet wide and no more than two feet deep shall be three feet.

(7) Home Occupations. Home occupations shall be subject to GMC Chapter 17.78 (Home Occupations).

Statutory Reference: ORS Chs. 197, 227

History: Ord. 1131 §2, 1990; Ord. 1171 §§1(E) & 1(F), 1993; Ord. 1289 §1, 2000; Ord. 1323 §1, 2002; Ord. 1392, §3, 2007; Ord. 1499 §1 (Exh. B), 2020; Ord. 1515 §2 (Exh. B), 2022; Ord. 1535 §1 (Exh. A), 2024.

In an R-5 zoning district, the following uses and their accessory uses are allowed subject to GMC Chapter 17.70 (Conditional Uses):

(1) Multi-household dwelling, five- to eight-unit building.

(2) Medical/dental office at the intersection of minor arterials or collectors.

(3) Church and associated buildings and structures.

(4) Community center, day care center.

(5) Fire station or similar public use necessary to provide service or preserve public safety in the area.

(6) Planned unit development.

(7) Nursing homes and homes for the aged.

(8) School and associated buildings, structures and facilities.

(9) Utility facility; provided, that no outside storage is involved.

(10) Community commercial within 200 feet from the Portland Avenue C-2 district.

(11) Group homes.

(12) Boarding house, rooming house, lodging house.

Statutory Reference: ORS Chs. 197, 227

History: Ord. 1131 §2, 1990; Ord. 1323 §1, 2002; Ord. 1499 §1 (Exh. B), 2020; Ord. 1515 §2 (Exh. B), 2022; Ord. 1535 §1 (Exh. A), 2024.

Except as provided in GMC Chapters 17.38 (Planned Unit Development), 17.72 (Variances) and 17.76 (Exceptions), the following dimensional standards shall apply in an R-5 zoning district:

(1) All PUDs with residential uses must include a mix of two or more middle housing types for a minimum of 25 percent of the total dwelling units proposed.

(2) Exceptions in Case of Large-Scale PUD. The dimensional standards of this section may be modified by the Planning Commission in the case of a plan and program for a planned unit development, providing the modifications are not detrimental to the public health, safety and welfare and providing the Planning Commission determines there is provision for adequate public spaces and improvements for the circulation, recreation, light, air and service needs of the developed tract and its relation to adjacent areas and for such covenants or other legal provisions as will assure conformity to and achievement of the plan.

Statutory Reference: ORS Chs. 197, 227

History: Ord. 1131 §2, 1990; Ord. 1289 §1, 2000; Ord. 1291 §1, 2000; Ord. 1323 §1, 2002; Ord. 1499 §1 (Exh. B), 2020; Ord. 1515 §2 (Exh. B), 2022; Ord. 1535 §1 (Exh. A), 2024.

The following dimensional standards apply to cottage cluster development in the R-5 zone. Where conflicts arise between the standards within this section and elsewhere in the code, the standards of this section will supersede.

(1) Dimensional Standards.

(a) Minimum Lot Size and Dimensions. Cottage clusters shall meet the minimum lot area standards that apply to detached single-household dwellings in the R-5 zone.

(b) Setbacks and Building Separation.

(A) Setbacks. Cottage clusters shall meet the minimum setback standards:

(i) Front setbacks: 10 feet;

(ii) Side setbacks: 5 feet;

(iii) Rear setbacks: 10 feet.

(B) Building Separation. Cottages shall be separated by a minimum distance of six feet. The minimum distance between all other structures, including accessory structures, shall be in accordance with building code requirements.

(c) Average Unit Size. The maximum average floor area for a cottage cluster is 1,400 square feet per dwelling unit. Community buildings shall be included in the average floor area calculation for a cottage cluster.

History: Ord. 1515 §2 (Exh. B), 2022; Ord. 1518 §1 (Exh. A), 2022; Ord. 1535 §1 (Exh. A), 2024.

(1) Attached Garage. The following standard shall apply to the construction of a garage attached to a single-household dwelling or duplex. An existing garage, legally constructed prior to the adoption of this standard, that does not conform to this standard may be remodeled or expanded, provided such remodeling or expansion shall not further reduce the structure’s compliance with this standard.

(a) The length of the garage wall facing the street may be up to 50 percent of the length of the street-facing building facade. On corner lots only one street-facing garage wall must meet this standard unless there are two garages, such as in the case of a two-household dwelling.

(2) Main Entrance. The main entrance to a dwelling of a single-household dwelling shall:

(a) Face the street lot line. On a corner lot, the main entrance may face either street lot line or the corner; or

(b) The main entrance shall open onto a covered porch that has an entrance that faces the street lot line. The porch and its roof shall each be at least 40 square feet in area and neither the width nor the depth shall be less than five feet.

(3) Curbs and Sidewalks. Provide curbs, associated drainage, and sidewalks within the right-of-way or easement for public roads and streets. Improvements installed by a developer shall conform to the standards of this title, GMC Chapter 12.02 (Street Excavation Requirements) and to any supplemental design and construction specifications adopted by the city for such improvements. This shall apply to new structures and expedited land divisions as defined by ORS 197.360, with the following exceptions:

(a) There are no existing sidewalks within 200 feet of the subject parcel, and no planned sidewalk network in the area as identified in the Transportation System Plan.

(b) When sidewalks and other frontage improvements would be located on land with cross slopes greater than nine percent as shown on the site plan submitted with the building permit.

(4) Design Features. Detached single-household dwellings, duplexes, triplexes, quadplexes, townhomes, and cottage clusters shall include at least four of the following design features on each street-facing facade:

(a) Dormer;

(b) One or more windows that face the street lot line;

(c) Cupola;

(d) Bay or bow window;

(e) Gable;

(f) Covered porch entry;

(g) Eaves (minimum 12-inch projection);

(h) Offset on building face or roof (minimum 16 inches);

(i) Recessed garage entrance for street-facing garage (minimum 16 inches);

(j) Roof pitch of not less than three feet in height for each 12 feet in width; and

(k) A garage or carport. The garage or carport can be attached (see subsection (1) of this section) or detached.

(5) Foundations shall meet the following design standards:

(a) The dwelling shall be placed on an excavated, backfilled foundation and enclosed at the perimeter such that no more than 12 inches of the enclosing material is above grade; and

(b) Where the building site has a sloped grade, no more than 12 inches of the enclosing material shall be exposed on the uphill side of the home; and

(c) If the dwelling sits on a basement, the 12-inch limitation shall not apply.

(6) As part of the building permit process for manufactured dwellings, the applicant shall provide a certification from the manufacturer that the manufactured dwelling has an exterior thermal envelope meeting performance standards which reduce levels equivalent to the performance standards required of single-household dwellings constructed under the Low-Rise Residential Dwelling Code as defined in ORS 455.010.

Statutory Reference: ORS Chs. 197, 227

History: Ord. 1144 §1, 1991; Ord. 1171 §1(D), 1993; Ord. 1188 §1, 1994; Ord.1289 §1, 2000; Ord. 1291 §1, 2000; Ord. 1499 §1 (Exh. B), 2020; Ord. 1515 §2 (Exh. B), 2022; Ord. 1518 §1 (Exh. A), 2022; Ord. 1535 §1 (Exh. A), 2024.

[Ed. Note: The publication(s) referred to or incorporated by reference in this chapter are available from the office of the City Recorder.]

The following design standards apply to cottage cluster development in the R-5 zone. Where conflicts arise between the standards within this section and elsewhere in the code, the standards of this section will supersede.

(1) Cottage Orientation. Cottages must be clustered around or abut a common courtyard or are directly connected to it by a pedestrian path, and must meet the following standards (see Figure 1):

(a) Each cottage within a cluster must either abut the common courtyard or must be directly connected to it by a pedestrian path that is at least four feet wide.

(b) A minimum of 50 percent of cottages within a cluster must be oriented to the common courtyard and must:

(A) Have a main entrance facing the common courtyard;

(B) Be within 10 feet from the common courtyard, measured from the facade of the cottage to the nearest edge of the common courtyard; and

(C) Be connected to the common courtyard by a pedestrian path.

(c) Cottages within 20 feet of a street property line may have their entrances facing the street.

(d) Cottages not facing the common courtyard or the street must have their main entrances facing a pedestrian path that is directly connected to the common courtyard.

Figure 1. Cottage Cluster Orientation and Common Courtyard Standards

(2) Common Courtyard Design Standards. Each cottage cluster must share a common courtyard in order to provide a sense of openness and community of residents. Common courtyards must meet the following standards:

(a) The common courtyard must be a single, contiguous piece.

(b) The common courtyard must contain a minimum of 150 square feet per cottage within the associated cluster.

(c) The common courtyard must be a minimum of 15 feet wide at its narrowest dimension.

(d) The common courtyard shall be developed with a mix of landscaping, lawn area, pedestrian paths, and/or paved courtyard area, and may also include recreational amenities. Impervious elements of the common courtyard shall not exceed 75 percent of the total common courtyard area.

(e) Pedestrian paths must be included in a common courtyard. Paths that are contiguous to a courtyard shall count toward the courtyard’s minimum dimension and area. Parking areas, required setbacks, and driveways do not qualify as part of a common courtyard.

(3) Pedestrian Access.

(a) An accessible pedestrian path that is at least four feet wide must be provided that connects the main entrance of each cottage to one or all the following:

(A) The common courtyard;

(B) Shared parking areas;

(C) Community buildings; and

(D) Sidewalks in public rights-of-way abutting the site or rights-of-way if there are no sidewalks.

(b) The pedestrian path must be hard-surfaced and a minimum of four feet wide.

(4) Parking Location and Access.

(a) Off-street parking spaces and vehicle maneuvering areas shall not be located:

(A) Within 20 feet from any street property line, except alley property lines;

(B) Between a street property line and the front facade of cottages located closest to the street property line. This standard does not apply to alleys.

(b) Off-street parking spaces shall not be located within 10 feet of any other property line, except alley property lines. Driveways and drive aisles are permitted within 10 feet of other property lines.

(c) Clustered Parking. Off-street parking may be arranged in clusters and separated from common spaces by at least four feet of landscaping.

(5) Screening. Landscaping, fencing, or walls at least three feet tall shall separate clustered parking areas and parking structures from common courtyards and public streets.

(6) Garages and Carports.

(a) Garages and carports (whether shared or individual) must not abut common courtyards.

(b) Individual attached garages up to 200 square feet shall be exempted from the calculation of maximum building footprint for cottages.

(c) Individual detached garages must not exceed 400 square feet in floor area.

(d) Garage doors for attached and detached individual garages must not exceed 20 feet in width.

History: Ord. 1515 §2 (Exh. B), 2022; Ord. 1535 §1 (Exh. A), 2024.

The purpose of an MR district is to implement the Comprehensive Plan and to provide land for households desiring to live in an environment of high density residential development with proximity to mass transit, shopping and service facilities.

Statutory Reference: ORS Ch. 197, Ch. 227

History: Ord. 1131 §2 (Part), 1990; Ord. 1515 §2 (Exh. B), 2022; Ord. 1522 §1 (Exh. A), 2023; Ord. 1535 §1 (Exh. A), 2024.

In an MR zoning district, the following uses and their accessory uses are allowed outright, subject to the development standards and other regulations of this title:

(1) Middle housing.

(2) Multi-household dwellings.

(3) Family child care home.

(4) Single-room occupancy.

Statutory Reference: ORS Ch. 197, Ch. 227

History: Ord. 1131 §2 (Part), 1990; Ord. 1323 §1 (Part), 2002; Ord. 1515 §2 (Exh. B), 2022; Ord. 1522 §1 (Exh. A), 2023; Ord. 1535 §1 (Exh. A), 2024.

Accessory uses shall comply with all the requirements of this zoning district, except as this section allows to the contrary. All accessory structures shall be subject to GMC Chapter 17.54 (Clear Vision). The following accessory uses shall be allowed in an MR zoning district:

(1) Buildings. Garages and carports, storage and other buildings, as follows:

(a) Either the side, except a street side, or rear setback may be reduced to zero for one accessory structure, provided such structure:

(A) Is detached from other buildings;

(B) Does not exceed a height of one story; and

(C) Does not exceed a floor area of 450 square feet.

(b) A wall of rated, fire-resistive construction may be required by the Oregon Structural Specialty Code or its successor.

(c) When more than one accessory structure is present including a portable storage container as defined in GMC Chapter 5.22, a setback does not apply to the portable storage container.

(2) Courtyards, Patios and Decks. The minimum side, except street side, and rear setbacks for uncovered courtyards, patios and decks in excess of 30 inches in height shall be five feet. The minimum front and street side setbacks for such courtyards, patios and decks shall be 15 feet. No setback shall be required for uncovered courtyards, patios and decks 30 inches or less in height. When calculating the height of a courtyard, patio or deck, railings and benches shall be excluded from the calculation.

(3) Fences and Walls. The following standards shall apply to fences and walls of all types whether open, solid, wood, metal, masonry or other material:

(a) When located between the front lot line and the front building line, fences and walls shall not exceed three feet in height;

(b) Fences and walls not subject to subsection (3)(a) of this section shall not exceed six feet in height;

(c) An exception may be granted to the maximum fence or wall height standards pursuant to review of an application for conditional use; alteration, expansion or change of use of a nonconforming use; or design review and when an exception is found necessary to provide adequate screening for the use.

(4) Storage. Storage of boats, trailers, pickup campers, coaches, motorhomes and similar recreation equipment. Occupancy of such equipment is subject to a temporary permit under GMC Chapter 15.28 (Temporary Dwellings).

(5) Swimming Pools, Ponds and Hot Tubs. The minimum side, street side and rear setbacks for swimming pools, ponds and hot tubs shall be three feet. The minimum front setback for ponds no greater than five feet wide and no more than two feet deep shall be three feet.

(6) Home Occupations. Home occupations shall be subject to GMC Chapter 17.78 (Home Occupations).

Statutory Reference: ORS Ch. 197, Ch. 227

History: Ord. 1131 §2 (Part), 1990; Ord. 1171 §1(F), 1993; Ord. 1323 §1, 2002; Ord. 1392 § 4, 2007; Ord. 1522 §1 (Exh. A), 2023; Ord. 1535 §1 (Exh. A), 2024.

In an MR zoning district, the following uses and their accessory uses are allowed, subject to GMC Chapter 17.70 (Conditional Uses), the development standards, and other regulations of this title:

(1) Detached single-household dwelling constructed prior to June 30, 2023.

(2) Church and associated buildings and structures.

(3) Community center, day care center, meeting hall.

(4) Manufactured dwelling park, subject to GMC Section 17.62.070 (Manufactured dwelling park).

(5) Nursing homes and homes for the aged.

(6) School and associated structures and facilities.

(7) Utility facility provided no outside storage is involved.

(8) Local commercial uses listed under GMC Section 17.16.020 (Uses allowed outright).

(9) Foster homes.

(10) Group homes.

(11) Planned unit development.

Statutory Reference: ORS Ch. 197, Ch. 227

History: Ord. 1131 §2, 1990; Ord. 1323 §1 (Part), 2002; Ord. 1515 §2 (Exh. B), 2022; Ord. 1522 §1 (Exh. A), 2023; Ord. 1535 §1 (Exh. A), 2024.

Except as provided in GMC Chapter 17.38 (Planned Unit Development), Chapter 17.72 (Variances) and Chapter 17.76 (Exceptions), the following dimensional standards shall apply in an MR zoning district:

(1) All PUDs with residential uses must include a mix of two or more middle housing types for a minimum of 25 percent of the total dwelling units proposed.

(2) Exceptions in Case of Large-Scale PUD. The dimensional standards of this section may be modified by the Planning Commission in the case of a plan and program for a large-scale planned unit development, providing modifications are not detrimental to the public health, safety and welfare and providing the Planning Commission determines there is provision for adequate public spaces and improvements for circulation, recreation, light, air and service needs of the developed tract and its relation to adjacent areas and for such covenants or other legal provisions as will assure conformity to the achievement of the plan.

Statutory Reference: ORS Ch. 197, Ch. 227

History: Ord. 1131 §2, 1990; Ord. 1289 §1, 2000; Ord. 1323 §1, 2002; Ord. 1515 §2 (Exh. B), 2022; Ord. 1522 §1 (Exh. A), 2023; Ord. 1535 §1 (Exh. A), 2024.

The following dimensional standards apply to cottage cluster development in the MR zone. Where conflicts arise between the standards within this section and elsewhere in the code, the standards of this section will supersede.

(1) Dimensional Standards.

(a) Setbacks. Cottages shall maintain setbacks as provided by GMC Section 17.14.050.

(b) Building Separation. Cottages shall be separated by a minimum distance of six feet. The minimum distance between all other structures, including accessory structures, shall be in accordance with building code requirements.

(c) Average Unit Size. The maximum average floor area for a cottage cluster is 1,400 square feet per dwelling unit. Community buildings shall be included in the average floor area calculation for a cottage cluster.

(2) Design Standards. The following design standards apply to cottage cluster development in the MR zone. Where conflicts arise between the standards within this section and elsewhere in the code, the standards of this section will supersede.

(a) Cottage Orientation. Cottages must be clustered or abut around a common courtyard or must be directly connected to it by a pedestrian path at least four feet wide, and must meet the following standards (see Figure 1):

(A) Each cottage within a cluster must either abut the common courtyard or must be directly connected to it by a pedestrian path that is at least four feet wide.

(B) A minimum of 50 percent of cottages within a cluster must be oriented to the common courtyard and must:

(i) Have a main entrance facing the common courtyard;

(ii) Be within 10 feet from the common courtyard, measured from the facade of the cottage to the nearest edge of the common courtyard; and

(iii) Be connected to the common courtyard by a pedestrian path at least four feet wide.

(C) Cottages within 20 feet of a street property line may have their entrances facing the street.

(D) Cottages not facing the common courtyard or the street must have their main entrances facing a pedestrian path that is directly connected to the common courtyard.

Figure 1. Cottage Cluster Orientation and Common Courtyard Standards

(b) Common Courtyard Design Standards. Each cottage cluster must share a common courtyard in order to provide a sense of openness and community of residents. Common courtyards must meet the following standards:

(A) The common courtyard must be a single, contiguous piece.

(B) The common courtyard must contain a minimum of 150 square feet per cottage within the associated cluster.

(C) The common courtyard must be a minimum of 15 feet wide at its narrowest dimension.

(D) The common courtyard shall be developed with a mix of landscaping, lawn area, pedestrian paths, and/or paved courtyard area, and may also include recreational amenities. Impervious elements of the common courtyard shall not exceed 75 percent of the total common courtyard area.

(E) Pedestrian paths at least four feet wide must be included in a common courtyard. Paths that are contiguous to a courtyard shall count toward the courtyard’s minimum dimension and area. Parking areas, required setbacks, and driveways do not qualify as part of a common courtyard.

(c) Pedestrian Access.

(A) An accessible pedestrian path that is at least four feet wide must be provided that connects the main entrance of each cottage to one or all the following:

(i) The common courtyard;

(ii) Shared parking areas;

(iii) Community buildings; and

(iv) Sidewalks in public rights-of-way abutting the site or rights-of-way if there are no sidewalks.

(B) The pedestrian path must be hard-surfaced and a minimum of four feet wide.

(d) Parking Location and Access.

(A) Off-street parking spaces and vehicle maneuvering areas shall not be located:

(i) Within 20 feet from any street property line, except alley property lines;

(ii) Between a street property line and the front facade of cottages located closest to the street property line. This standard does not apply to alleys.

(B) Off-street parking spaces shall not be located within 10 feet of any other property line, except alley property lines. Driveways and drive aisles are permitted within 10 feet of other property lines.

(C) Clustered Parking. Off-street parking may be arranged in clusters and separated from common spaces by at least four feet of landscaping.

(e) Screening. Landscaping, fencing, or walls at least three feet tall shall separate clustered parking areas and parking structures from common courtyards and public streets.

(f) Garages and Carports.

(A) Garages and carports (whether shared or individual) must not abut common courtyards.

(B) Individual attached garages up to 200 square feet shall be exempted from the calculation of maximum building footprint for cottages.

(C) Individual detached garages must not exceed 400 square feet in floor area.

(D) Garage doors for attached and detached individual garages must not exceed 20 feet in width.

History: Ord. 1515 §2 (Exh. B), 2022; Ord. 1522 §1 (Exh. A), 2023; Ord. 1535 §1 (Exh. A), 2024.

The purpose of this district is to implement the Comprehensive Plan and to provide for the location of small businesses or services in proximity to residences in order to provide for personal service needs of the local area.

Statutory Reference: ORS Ch. 197, Ch. 227

History: Ord. 1131 §2, 1990; Ord. 1535 §1 (Exh. A), 2024.

In a C-1 zoning district, the following uses and their accessory uses are allowed outright:

(1) Personal and business services such as barber or beauty shop, tailoring shop, sales agency, photography studio, small appliance repair and sales including radio, television and electronics;

(2) Business or professional office;

(3) Health services clinics;

(4) Day care centers;

(5) Conversion of a building from commercial to residential;

(6) Dwelling units available to households making 60 percent or less of area median income;

(7) Mixed-use development with ground floor commercial available to households with moderate incomes as defined in ORS 456.270 (80 to 120 percent AMI).

Statutory Reference: ORS Ch. 197, Ch. 227

History: Ord. 1131 §2, 1990; Ord. 1535 §1 (Exh. A), 2024.

Accessory uses allowed in a residential zoning district shall be allowed in connection with residential uses in this zoning district. Such accessory uses shall comply with the standards applicable to accessory uses allowed in the R-7.2 zoning district.

Statutory Reference: ORS Ch. 197, Ch. 227

History: Ord. 1131 §2, 1990; Ord. 1323 §1, 2002; Ord. 1535 §1 (Exh. A), 2024.

In a C-1 zoning district, the following uses and their accessory uses are allowed subject to GMC Chapter 17.70 (Conditional Uses):

(1) Laundry or dry cleaning.

(2) Laundromat.

(3) Small grocery store or variety store.

(4) Community service facilities such as a fire station, library, community center, park, utility facility or meeting hall and governmental offices.

(5) Nursing homes and homes for the aged.

(6) Dwellings subject to GMC Sections 17.10.050(1) through (4).

(7) Foster homes.

(8) Recreation vehicle park, subject to GMC Section 17.62.100 (recreation vehicle park).

(9) Business activities conducted in conjunction with a use allowed outright under GMC Section 17.16.020 (uses allowed outright), not conducted wholly within an enclosed building and not specifically provided for under GMC Sections 17.16.050 (1) through (3).

(10) Uses operating between 12:00 a.m. and 5:00 a.m.

Statutory Reference: ORS Ch. 197, Ch. 227

History: Ord. 1131 §2, 1990; Ord. 1198 §1(B), 1994; Ord. 1289 §1, 2000; Ord. 1323 §1, 2002; Ord. 1341, 2003; Ord. 1535 §1 (Exh. A), 2024.

All business activities, including service, repair, processing, storage and merchandise display, shall be conducted wholly within an enclosed building except for the following:

(1) Drive-through windows accessory to a use allowed outright;

(2) Outdoor play areas accessory to a day care center;

(3) Display of merchandise along the outside of the walls of a building provided such display does not extend more than three feet from the walls and does not obstruct required pedestrian or bicycle access, emergency access or off-street parking areas; and

(4) Activities approved in conjunction with a conditional use allowed under GMC Section 17.16.040 (Conditional uses allowed).

(5) The use of portable storage containers as defined in GMC Chapter 5.22.

Statutory Reference: ORS Ch. 197, Ch. 227

History: Ord. 1131 §2, 1990; Ord. 1392 § 5, 2007; Ord. 1535 §1 (Exh. A), 2024.

Except as provided in GMC Chapters 17.38 (Planned Unit Development), 17.72 (Variances) and 17.76 (Exceptions), the following dimensional standards shall apply in a C-1 zoning district:

(1) Front Setbacks. There shall be no minimum front setback requirement except when a front lot line abuts a residential zoning district or abuts a street where property on the opposite side of the street is in a residential zoning district, in which cases the minimum front setback shall be 20 feet.

(2) Rear Setbacks. There shall be no minimum rear setback requirement except when a rear lot line abuts a residential zoning district, in which case the minimum rear setback shall be 15 feet.

(3) Side Setbacks. There shall be no minimum side setback requirement except when a side lot line abuts a residential zoning district, in which case the minimum side setback shall be 15 feet.

(4) Street Side Setbacks. There shall be no minimum street side setback requirement except when a street side lot line abuts a residential zoning district or abuts a street where property on the opposite side of the street is in a residential zoning district, in which cases the minimum street side setback shall be 20 feet.

(5) Off-Street Parking. The boundary of any area developed or intended for off-street parking shall be located a minimum of five feet from all property lines.

(6) Architectural Features. Architectural features such as cornices, eaves, gutters, chimneys and flues may project a maximum of two feet into a required setback area.

(7) Building Height. The maximum building height shall be 35 feet. Vertical projections such as chimneys, spires, domes, elevator shaft housings, towers, aerials, flagpoles and similar objects not used for human occupancy are exempt from the maximum building height standard.

(8) Equipment Setbacks. There shall be no minimum setback requirements for central air conditioners, heat pumps and similar equipment except when a lot line abuts a residential zoning district, in which case the minimum setback requirement from the lot line abutting the residential zoning district shall be 10 feet.

(9) Fences and Walls. The following standards shall apply to fences and walls of all types whether open, solid, wood, metal, masonry or other material:

(a) When located between the front lot line and the front building line, fences and walls shall not exceed three feet in height.

(b) Fences and walls not subject to subsection (9)(a) of this section shall not exceed six feet in height.

(c) An exception may be granted to the maximum fence or wall height standards pursuant to review of an application for conditional use; alteration, expansion or change of use of a nonconforming use; or design review and when an exception is found necessary to provide adequate screening for the use.

(d) Fences and walls shall comply with GMC Chapter 17.54 (Clear Vision).

(10) Portable Storage Container Setbacks. When a lot line abuts a residential district, a setback does not apply to portable storage containers as defined in GMC Chapter 5.22.

Statutory Reference: ORS Ch. 197, Ch. 227

History: Ord. 1131 §2 (Part), 1990; Ord. 1323 §1, 2002; Ord. 1535 §1 (Exh. A), 2024.

The standards and requirements of the regulations of this section may be modified by the Planning Commission in the case of a plan and program for a planned unit development, or a large scale shopping center, providing the modifications are not detrimental to the public health, safety and welfare and providing the Planning Commission determines there is provision for adequate public spaces and improvements for the circulation, recreation, light, air and service needs of the developed tract and it relation to adjacent areas and for such covenants or other legal provisions as will assure conformity to and achievement of the plan.

Statutory Reference: ORS Ch. 197, Ch. 227

History: Ord. 1131 §2, 1990; Ord. 1535 §1 (Exh. A), 2024.

The purpose of a C-2 district is to implement the Comprehensive Plan by:

(1) Providing for the establishment of a community shopping center serving most of the occasional retail and specialty shopping needs of area residents and thus serving a much larger area and a much larger population than is served by the C-1, local commercial district; and

(2) Allowing a range of housing types to encourage more housing in the city’s core and promote a greater mixture of uses.

Statutory Reference: ORS Ch. 197, Ch. 227

History: Ord. 1131 §2, 1990; Ord. 1517 §2 (Exh. B), 2023; Ord. 1535 §1 (Exh. A), 2024.

In a C-2 zoning district, the following uses and their accessory uses are allowed outright:

(1) Retail trade establishment, except when listed as a conditional use.

(2) Business, governmental or professional office.

(3) Medical clinic.

(4) Financial institution.

(5) Personal and business service establishments such as a barbershop, tailoring shop, printing shop, laundry or dry cleaning, sales agency, or photography studio, except as listed as a conditional use.

(6) Eating or drinking establishment, including outdoor seating related to the primary use.

(7) Hotel or motel.

(8) Small appliance repair including radio, television and electronics repair.

(9) Community service facility such as a fire station, library, community center, park, utility facility or meeting hall.

(10) Mixed-use development.

(11) Attached residential dwellings (duplex, triplex, quadplex).

(12) Townhouses.

(13) Cottage clusters.

(14) Multi-household residential dwellings.

(15) Accessory dwelling units (ADUs) in connection with a permitted residential use.

(16) Conversion of a building from commercial to residential.

(17) Day care center.

Statutory Reference: ORS Ch. 197, Ch. 227

History: Ord. 1131 §2, 1990; Ord. 1289 § 1, 2000; Ord. 1323 §1, 2002; Ord. 1517 §2 (Exh. B), 2023; Ord. 1535 §1 (Exh. A), 2024.

In a C-2 zoning district, the following uses and their accessory uses are allowed subject to GMC Chapter 17.70 (Conditional Uses):

(1) Funeral home.

(2) Small-scale amusement or recreational facility such as a billiard or pool hall.

(3) School and associated buildings, structures and facilities.

(4) A use listed as a permitted outright use but not meeting the limitations of GMC Section 17.18.050 (Limitations on use).

(5) Planned unit development (PUD).

(6) Foster homes.

(7) Recreation vehicle park, subject to GMC Section 17.62.100 (Recreation vehicle park).

(8) Business activities conducted in conjunction with a use allowed outright under GMC Section 17.18.020 (Uses allowed outright), not conducted wholly within an enclosed building and not specifically provided for under GMC Sections 17.18.050(1) and (2).

(9) Uses operating between 12:00 a.m. and 5:00 a.m.

(10) Manufacturing of edible or drinkable products retailed on the same site, including the primary processing of raw materials (e.g., malt, milk, spices) that are ingredients in edible or drinkable products retailed on the same site, and also including the wholesale distribution of edible or drinkable products that are manufactured and retailed on the same site.

Statutory Reference: ORS Ch. 197, Ch. 227

History: Ord.1131 §2 (Part), 1990; Ord. 1198 §1(C), 1994; Ord. 1289 §1, 2000; Ord. 1323 §1, 2002; Ord. 1341, 2003; Ord. 1517 §2 (Exh. B), 2023; Ord. 1535 §1 (Exh. A), 2024.

All business activities, including service, repair, processing, storage and merchandise display, shall be conducted wholly within an enclosed building except for the following:

(1) Outdoor play areas accessory to a community service facility;

(2) Display of merchandise along the outside of the walls of a building provided such display does not extend more than three feet from the walls and does not obstruct required pedestrian or bicycle access, emergency access or off-street parking areas; and

(3) The following limitations apply to developments along Portland Avenue:

(a) All nonresidential uses shall provide ground-floor windows along Portland Avenue. Required window areas must be either windows that allow views into working areas or lobbies, pedestrian entrances or display windows. Required windows may have a sill no more than four feet above grade. Where interior floor levels prohibit such placement, the sill may be raised to allow it to be no more than two feet above the finished floor level, up to a maximum sill height of six feet above grade.

(b) Ground-floor residential uses shall provide ground-floor windows along Portland Avenue. Required window area must cover at least 25 percent of the ground level wall area of the portion of the building with residential dwelling units on the ground floor.

(c) All buildings shall have a primary entrance facing Portland Avenue. “Primary entrance” is defined as a principal entry through which people enter the building. A building may have more than one primary entry, as defined in the International Building Code.

(4) The use of portable storage containers as defined in GMC Chapter 5.22.

Statutory Reference: ORS Ch. 197, Ch. 227

History: Ord. 1131 §2 (Part), 1990; Ord. 1323 §1, 2002; Ord. 1392 §6, 2008, Ord. 1404, 2008; Ord. 1517 §2 (Exh. B), 2023; Ord. 1535 §1 (Exh. A), 2024.

Except as provided in GMC Chapter 17.38 (Planned Unit Development), Chapter 17.72 (Variances), and Chapter 17.76 (Exceptions), the following dimensional standards shall apply in a C-2 zoning district:

(1) Setbacks.

(a) Nonresidential uses and mixed-use development: No minimum setback requirements; a maximum setback of five feet shall be maintained along Portland Avenue frontages.

(b) Residential uses: Five feet maximum front setback; 15 feet minimum rear setback.

(2) Off-Street Parking. The boundary of any area developed or intended for off-street surface parking shall be located a minimum of five feet from all property lines. An exception to the minimum setback standard for off-street parking shall be made for existing parking when the use complies with GMC Section 17.18.070 (Off-street parking standards).

(3) Building Height. The maximum building height shall be 35 feet or three stories.

(a) Vertical projections such as chimneys, spires, domes, elevator shaft housings, towers, aerials, flagpoles and similar objects not used for human occupancy are exempt from the maximum building height standard.

(4) Equipment Setbacks. There shall be no minimum setback requirements for central air conditioners, heat pumps and similar equipment except when a lot line abuts a residential zoning district, in which case the minimum setback requirement from the lot line abutting the residential zoning district shall be 10 feet.

(5) Minimum Lot Area.

(a) Attached residential dwellings, townhouses, and cottage cluster uses shall comply with the minimum lot area requirements for the R-5 zoning district.

(b) Multi-household dwellings shall comply with the minimum lot area requirements for the MR zoning district.

(6) Fences and Walls. The following standards shall apply to fences and walls of all types whether open, solid, wood, metal, masonry or other material:

(a) When located between the front lot line and the front building line, fences and walls shall not exceed three feet in height.

(b) Fences and walls not subject to subsection (6)(a) of this section shall not exceed six feet in height.

(c) An exception may be granted to the maximum fence or wall height standards pursuant to review of an application for conditional use; alteration, expansion or change of use of a nonconforming use; or design review and when an exception is found necessary to provide adequate screening for the use.

(d) Fences and walls shall comply with GMC Chapter 17.54 (Clear Vision).

Statutory Reference: ORS Ch. 197, Ch. 227

History: Ord. 1131 §2 (Part), 1990; Ord.1140 §1, 1991; Ord. 1323 §1, 2002, Ord. 1404, 2008; Ord. 1517 §2 (Exh. B), 2023; Ord. 1535 §1 (Exh. A), 2024.

[Ed. Note: The publication(s) referred to or incorporated by reference in this ordinance are available from the office of the City Recorder.]

Off-street parking areas shall not be located between the building and street or within required setbacks.

Statutory Reference: ORS Ch. 197, Ch. 227

History: Ord. 1131 §2 (Part), 1990; Ord. 1323 §1, 2002; Ord. 1503 §1, 2020; Ord. 1517 §2 (Exh. B), 2023; Ord. 1535 §1 (Exh. A), 2024.

The standards and requirements of the regulations of this chapter may be modified by the Planning Commission in the case of a plan and program for a planned unit development, or a large-scale shopping center, providing the modifications are not detrimental to the public health, safety and welfare and providing the Planning Commission determines there is provision for adequate public spaces and improvements for the circulation, recreation, light, air and service needs of the developed tract and its relation to adjacent areas and for such covenants or other legal provisions as will assure conformity to and achievement of the plan.

Statutory Reference: ORS Ch. 197, Ch. 227

History: Ord. 1131 §2 (Part), 1990; Ord. 1517 §2 (Exh. B), 2023; Ord. 1535 §1 (Exh. A), 2024.

The purpose of a C-3 district is to implement the Comprehensive Plan and to provide for general types of business and service establishments which would not likely be compatible with the uses permitted in C-1 and C-2, local and community commercial districts, and which would likely be detrimental to the adjoining residential areas unless effectively controlled.

Statutory Reference: ORS Ch. 197, Ch. 227

History: Ord. 1131 §2, 1990; Ord. 1535 §1 (Exh. A), 2024.

In a C-3 zoning district, the following uses and their accessory uses are allowed outright. Outside or open storage shall be an allowed accessory use.

(1) Automobile service station, car wash or repair garage, body and fender paint shop, sales of new and used vehicles.

(2) Business, governmental or professional office.

(3) Community service facility such as a fire station, library, community center, park, utility facility, meeting hall or transit facility.

(4) Eating or drinking establishment.

(5) Financial institutions.

(6) Funeral home.

(7) Hotel or motel.

(8) Medical clinic.

(9) Personal and business service establishment such as a barber shop, tailoring shop, printing shop, laundry and dry cleaning, sales agency or photography studio.

(10) Recreation vehicles sales, services, rental.

(11) Recycling center.

(12) Retail trade.

(13) Roller rink, bowling alley, motion picture theater or similar extensive commercial amusement or recreational facility.

(14) School and associated buildings, structures and facilities.

(15) Small appliance repair including radio, television and electronics repair.

(16) Small parts wholesaling or retailing.

(17) Veterinary clinic or small animal hospital, but not including a kennel or a cattery.

(18) Day care center.

(19) Conversion of a building from commercial to residential.

(20) Dwelling units available to households making 60 percent or less of area median income (AMI).

(21) Mixed-use development with ground floor commercial available to households with moderate incomes as defined in ORS 456.270 (80 to 120 percent AMI).

Statutory Reference: ORS Ch. 197, Ch. 227

History: Ord. 1131 §2, 1990; Ord. 1270 §1, 1998; Ord. 1323 §1, 2002; Ord. 1535 §1 (Exh. A), 2024.

(1) Accessory uses allowed in a residential zoning district shall be allowed in connection with residential uses in this zoning district.

(2) Such accessory uses shall comply with the standards applicable to accessory uses allowed in the MR zoning district.

Statutory Reference: ORS Ch. 197, Ch. 227

History: Ord. 1131 §2 (Part), 1990; Ord. 1323 §1, 2002; Ord. 1535 §1 (Exh. A), 2024.

In a C-3 zoning district, the following uses and their accessory uses are allowed subject to GMC Chapter 17.70 (conditional uses):

(1) Planned unit development (PUD).

(2) Wholesale distribution outlet, including warehousing.

(3) Dwellings, subject to GMC Sections 17.14.050(1) through (5).

(4) Foster homes.

(5) Day care center.

(6) Off-street parking and storage of truck tractors and/or semi-trailers, subject to GMC Chapter 17.48 (off-street parking and loading) and GMC Section 17.62.120 (off-street parking and storage of truck tractors and/or trailers).

(7) Light manufacturing as an accessory use to a use allowed outright, subject to GMC Section 17.62.130 (light manufacturing).

(8) Recreation vehicle park, subject to GMC Section 17.62.100 (recreation vehicle park).

(9) Indoor mini-storage.

(10) Uses operating between 12:00 a.m. and 5:00 a.m.

Statutory Reference: ORS Ch. 197, Ch. 227

History: Ord. 1131 §2, 1990;Ord. 1198§1(D), 1994;Ord.l257 §1, 1998; Ord.1289 §1, 2000; Ord. 1291 §1 (Part), 2000; Ord. 1323 §1, 2002; Ord. 1341, 2003; Ord. 1535 §1 (Exh. A), 2024.

The following screening standards shall apply:

(1) Off-street parking and loading areas and business activities, such as service, repair, processing, storage and merchandise display, that are conducted outside of a wholly enclosed building, shall be screened from abutting properties where such properties are in a residential zoning district and from abutting unimproved public street rights-of-way where property on the opposite side of the unimproved right-of-way is in a residential zoning district.

(2) Business activities, such as service, repair, processing, storage and merchandise display, that are conducted outside of a wholly enclosed building, shall be screened from abutting properties where such properties are in a C-1 or C-2 zoning district and from abutting unimproved public street rights-of-way where property on the opposite side of the unimproved right-of-way is in a C-1 or C-2 zoning district.

(3) Storage, with the exception of merchandise display, outside of a wholly enclosed building shall be screened from abutting improved public street rights-of-way. Off-street parking and loading areas for customer vehicles, employee vehicles and vehicles for sale are not required to be screened from improved public street rights-of-way. However, off-street parking and loading areas for other types of vehicle storage (e.g., towed vehicles, recreational vehicles being stored as a service) shall be screened from abutting improved public street rights-of-way.

(4) Required screening shall be accomplished by building placement, a landscaped earth berm or a sight-obscuring fence or hedge.

(5) Required screening shall be reviewed pursuant to GMC Chapter 17.80 (Design review). When design review is not required, screening shall be reviewed by the City Administrator or designee.

(6) Required screening shall be a minimum of six feet high. With the exception of equipment and vehicles, stored merchandise and materials shall not exceed the height of required screening. Stored equipment and vehicles may exceed the height of the required screening, provided such equipment and vehicles are not stacked on top of one another.

(7) Required screening shall be sited so that it does not conflict with GMC Chapter 17.54 (Clear Vision). In locations where perimeter landscaping adjacent to a street is required as a condition of land use approval, required screening shall be located behind such landscaping.

Statutory Reference: ORS Ch. 197, Ch. 227

History: Ord. 1270 §2, 1998; Ord. 1323 §1, 2002; Ord. 1323 §1, 2002; Ord. 1535 §1 (Exh. A), 2024.

Except as provided in GMC Chapters 17.38 (Planned Unit Development), Chapter 17.72 (Variances) and Chapter 17.76 (Exceptions), the following dimensional standards shall apply in a C-3 zoning district:

(1) Front Setbacks. There shall be no minimum front setback requirement except when a front lot line abuts a residential zoning district or abuts a street where property on the opposite side of the street is in a residential zoning district, in which cases the minimum front setback shall be 20 feet.

(2) Street Side Setbacks. There shall be no minimum street side setback requirement except when a street side lot line abuts a residential zoning district or abuts a street where property on the opposite side of the street is in a residential zoning district, in which cases the minimum street side setback shall be 20 feet.

(3) Side and Rear Setbacks. There shall be no minimum side or rear setback requirements.

(4) Off-Street Parking. The boundary of any area developed or intended for off-street parking shall be located a minimum of five feet from all property lines.

(5) Architectural Features. Architectural features such as cornices, eaves, gutters, chimneys and flues may project a maximum of two feet into a required setback area.

(6) Building Height. The maximum building height shall be 35 feet. This restriction may be varied as follows:

(a) Maximum building height may be increased by one story if the building is provided with an approved automatic sprinkler system throughout as provided in Section 506 of the Oregon Structural Specialty Code or its successor; vertical projections such as chimneys, spires, domes, elevator shaft housings, towers, aerials, flagpoles and similar objects not used for human occupancy are exempt from the maximum building height standard;

(b) Maximum building height may be increased if the City Fire Department reports that it possesses sufficient fire-fighting capability to provide emergency response to a structure of the height proposed.

(7) Equipment Setbacks. There shall be no minimum setback requirements for central air conditioners, heat pumps and similar equipment except when a lot line abuts a residential zoning district, in which case the minimum setback requirement from the lot line abutting the residential zoning district shall be 10 feet.

(8) Hotels and Motels.

(a) The minimum lot area shall be 500 square feet per dwelling unit;

(b) The minimum frontage shall be 100 feet.

(9) Portable Storage Container Setbacks. When a lot line abuts a residential district, a setback does not apply to portable storage containers as defined in GMC Chapter 5.22.

Statutory Reference: ORS Ch. 197, Ch. 227

History: Ord. 1131 §2, 1990;Ord. 1140§2, 1991;Ord. 1323 §1, 2002; Ord. 1392 § 7, 2007; Ord. 1535 §1 (Exh. A), 2024.

The standards and requirements of the regulations of this section may be modified by the Planning Commission in the case of a plan and program for a planned unit development, or a large scale shopping center, providing the modifications are not detrimental to the public health, safety and welfare and providing the Planning Commission determines there is provision for adequate public spaces and improvements for the circulation, recreation, light, air and service needs of the developed tract and its relation to adjacent areas and for such covenants or other legal provisions as will assure conformity to and achievement of the plan.

Statutory Reference: ORS Ch. 197, Ch. 227

History: Ord. 1131 §2 (Part), 1990. Ord. 1392 § 8, 2007; Ord. 1535 §1 (Exh. A), 2024.

The purpose of the downtown core overlay district is to promote a walkable, mixed-use downtown main street along the four-block section of Portland Avenue from Exeter Street to Arlington Street. The overlay encourages higher density residential and mixed-use development where market demand is highest and where it is most compatible with existing development on properties facing Portland Avenue. The downtown core overlay district will help ensure that new development:

(1) Enhances and protects the city’s quality of life and community image through clearly articulated site and building design standards;

(2) Protects and promotes the city’s economic vitality by encouraging high-quality development;

(3) Establishes a clear relationship between streets, pedestrian spaces, and buildings; and

(4) Enhances and protects the security and health, safety, and welfare of the public.

History: Ord. 1517 §3 (Exh. C), 2023; Ord. 1535 §1 (Exh. A), 2024.

(1) Zoning Districts. The provisions of this chapter apply to new development along the four-block section of Portland Avenue from Exeter Street to Arlington Street within the community commercial (C-2) zoning district.

(2) Conflicting Regulations. Where conflicts occur between this chapter and other municipal code regulations or ordinances, the downtown core overlay district shall apply.

(3) The provisions of this chapter apply to the development of undeveloped sites, the redevelopment of previously developed sites, and/or new construction of any building or structure.

History: Ord. 1517 §3 (Exh. C), 2023; Ord. 1535 §1 (Exh. A), 2024.

(1) Routine Repairs and Maintenance. Routine repairs and maintenance are exempt from these standards.

(2) Additions or Expansion. Additions to or expansions of an existing building or structure are exempt from standards contained in this chapter that are specific to GMC Section 17.21.070, Building design, provided the cumulative total of all additions or expansions is less than 800 square feet of gross floor area. If the cumulative total of all additions or expansions consists of 801 square feet or more of gross floor area, then the standards contained in this chapter that are specific to GMC Section 17.21.070, Building design, shall apply to the addition or expansion. Existing nonconforming portions of the building shall come into conformity as provided in GMC Chapter 17.76. As part of the addition or expansion, and regardless of size, all other portions of the site (landscaping, off-street parking and loading, supplementary regulations and exceptions, and nonconformances, etc.) must comply with respective code requirements as applicable.

(3) Nonconformances. See GMC Chapter 17.76 for application of these standards in nonconforming situations.

History: Ord. 1517 §3 (Exh. C), 2023; Ord. 1535 §1 (Exh. A), 2024.

In the downtown core overlay district, the following uses and their accessory uses are allowed outright:

(1) Nonresidential Uses. All nonresidential uses permitted in the underlying community commercial (C-2) zoning district unless otherwise specified by this section.

(2) Residential Uses. For parcels along Portland Avenue, permitted in upper-floor stories of multistory development only. Ground-floor dwelling units are permitted along side streets.

(3) Conversion of a building from commercial to residential.

(4) Mobile Vending Units. A vehicle that is used in selling and dispensing goods or services to the customer shall be permitted on any parcel in the downtown core overlay district. A mobile vending unit shall be exempt from GMC Sections 17.21.060 through 17.21.080 (Site design and landscaping, Building design, and Off-street parking standards) and not require design review. As used in this subsection, a vehicle is motorized or nonmotorized transportation equipment containing an axle and intended for use on public roads, including, but not limited to, a car, van, pickup, motorcycle, recreational vehicle, bus, truck, detached trailer, or a truck tractor with no more than one trailer.

History: Ord. 1517 §3 (Exh. C), 2023; Ord. 1535 §1 (Exh. A), 2024.

Conditional uses in the downtown core overlay district are the same as those listed in the underlying community commercial (C-2) zoning district.

History: Ord. 1517 §3 (Exh. C), 2023; Ord. 1535 §1 (Exh. A), 2024.

(1) Intent. Create a sense of enclosure and human scale by orienting buildings to streets or public spaces and prioritize pedestrian circulation and walkable development.

(2) Building Orientation. The street-facing building facade must extend along at least 50 percent of the lot’s street frontage(s). If the lot has more than one street frontage, this requirement shall apply to all of the lot’s street frontages. This required 50 percent building frontage must be at the back of a public sidewalk, public right-of-way, or adjacent to an area dedicated to the public. See Figure 1: Site Design and Landscaping.

(3) Primary Building Entrance.

(a) Corner Building. A primary entrance is required at the corner within 10 feet of right-of-way. See Figure 1: Site Design and Landscaping.

(b) Interior Building. A primary entrance is required within 10 feet of public right-of-way and directly connected to a public sidewalk.

(4) Setbacks. Setbacks shall be provided in accordance with GMC Chapter 17.18.

(5) Driveways. Each property is allowed a maximum of one driveway regardless of the number of street frontages. Corner lots shall be prohibited from having a driveway entrance along Portland Avenue except as follows:

(a) There is an existing driveway abutting Portland Avenue and a driveway abutting a side street cannot be located at least 20 feet from the intersection.

(b) The lot does not abut a side street.

(6) Parking Areas. For parcels with a property line abutting Portland Avenue, all off-street parking must be set back at least 20 feet behind the street-facing building facade.

(7) Landscaping. Landscaping shall be provided in accordance with GMC Chapter 17.46 except as follows:

(a) Parcels Fronting Portland Avenue. No minimum landscaping requirement along Portland Avenue, except as provided by GMC Section 17.46.020(7).

(b) Surface parking areas shall have a five-foot-wide landscape buffer between the parking area and any adjacent public street. All other provisions of GMC Section 17.46.020(2) shall apply. See Figure 1: Site Design and Landscaping.

Figure 1: Site Design and Landscaping

History: Ord. 1517 §3 (Exh. C), 2023; Ord. 1535 §1 (Exh. A), 2024.

(1) Intent. Articulate building facades to break up large volumes and promote human scale development.

(2) Building Height. The maximum building height shall be three stories, not to exceed 35 feet. See Figure 2: Building Design (Building Height). This restriction may be varied as follows:

(a) Vertical projections such as chimneys, spires, domes, elevator shaft housings, towers, aerials, flagpoles and similar objects not used for human occupancy are exempt from the maximum building height standard;

(b) The maximum building height shall be increased to four stories, not to exceed 45 feet, if the minimum floor to ceiling height of the ground floor is 12 feet (measured from finished ground floor to bottom of joists or slab on next floor up). See Figure 2: Building Design (Building Height).

Figure 2: Building Design (Building Height)

(3) Windows/Transparency.

(a) Windows are required for 60 percent of the ground-floor facade along public street frontages and 40 percent on facades facing parking areas. See Figure 3: Building Design (Transparency, Articulation and Building Form).

Figure 3: Building Design (Transparency, Articulation and Building Form)

(b) Upper-floor window orientation must be vertical or have a width that is no greater than the width of the ground-floor window immediately below it. Upper-floor windows that are located directly above lower-level piers must be aligned within 12 inches of the vertical lines of such piers.

(c) ATMs and Service Windows. ATMs and service windows must be visible from the public right-of-way for security and have a canopy, awning, or other weather protection shelter.

(d) Prohibited Windows. Highly tinted (total light transmittance less than 50 percent), opaque, or mirrored glass (except stained-glass windows) do not meet the intent of this section and are prohibited.

(4) Building Articulation. Each building facade adjacent to a street shall be articulated through recessing, projecting, banding, articulation of exterior materials, or change of materials, by incorporating patterns that are offset by a minimum depth (projecting or recessing) of at least 16 inches from one exterior wall surface to the other and the offset shall extend the length and height of its module. Articulation patterns shall repeat a minimum of every 20 feet for the entire length of the facade. This standard shall only apply to facades that exceed 40 feet in length.

(5) Pedestrian Shelters.

(a) Pedestrian shelters such as a canopy or overhang shall be provided over all adjacent public sidewalks so that 50 percent of the length of the building frontage and adjacent sidewalk has weather protection.

(b) Pedestrian shelters must be at least the same width of storefronts or window openings and meet any and all additional building code requirements.

(c) The minimum horizontal projection (depth) is three feet.

(d) All portions of any pedestrian shelter shall be at least eight but not more than 12 feet above any public walkway.

(6) Building Form.

(a) Where a wall of a proposed building is 10 feet or more taller than an adjacent building, the taller building must follow the horizontal lines of the shorter building along the ground floor. This requirement is met by incorporating cornicing or a similar architectural feature that projects a minimum of two inches from the facade between the full length of all upper-story floors.

(b) Multi-story buildings must have designs that establish prominent horizontal lines and avoid blank walls by incorporating one or more of the following:

(A) A series of storefront windows;

(B) Awning or canopy along the ground floor;

(C) Belt course between building stories; and/or

(D) Cornice or parapet line.

(c) Corner Building. Corner buildings must include at least two of the following on building corners facing the public right-of-way:

(A) Bay windows.

(B) Roof decks or balconies on upper stories.

(C) Crowning features to a tower form such as wide cornices, projecting parapets.

(d) Buildings with flat roofs must have projecting cornices to create a prominent edge against the sky. Cornices must be made of a different material and color than the predominant siding of the building, except that brick siding may include matching brick cornices.

(e) Decks and Balconies. An upper-story deck or uncovered balcony must be fully functional and integrated in the structure as follows:

(A) The upper-story deck or balcony must be uncovered by any structure other than an awning and located no closer than two feet to any property line.

(B) The overall size of each upper-story deck or balcony shall be limited to a maximum of six feet deep and 16 feet wide, excluding railings.

(C) The guardrails on decks and balconies shall not exceed the minimum height required by the building code, and the design of the guardrail shall be at least 50 percent transparent or see-through (consisting of open spaces with bars, balusters, railings, or similar).

(D) The cantilevered portion of the deck or balcony shall have a minimum vertical clearance of seven feet.

(E) No new ground supports for the deck or balcony may be located in the setback or open yard.

Figure 4: Building Form

(7) Building Materials.

(a) Exterior building materials must consist predominantly of unfinished wood, painted or natural-stained wood, fiber cement lap siding, stone, rusticated concrete block, or comparable cladding approved by the Planning Commission.

(b) For buildings three stories or more, elevations must incorporate changes in material that define a building’s base, middle, and top and create visual interest and relief.

(8) Color.

(a) Muted and subtle earth tones or neutral colors, that are low-reflectance shades, and natural wood finishes are encouraged as the primary colors of buildings.

(b) Coordinated Color. Color schemes must be simple and coordinated over the entire building to establish a sense of overall composition. Color schemes must tie together signs, ornamentation, awnings, canopies and entrances.

(9) Screening Mechanical Equipment.

(a) Rooftop mechanical equipment shall be screened from the view of adjacent public streets and abutting properties by an extended parapet wall or other roof forms that are integrated with the architecture of the building.

(b) Ground level mechanical equipment shall be screened using vegetation screening or structural screens that are integrated with the materials and colors of the building.

(10) Accessibility. Accessibility must be consistent with Americans with Disabilities Act (ADA) standards and applicable building codes. Wheelchair ramp design must incorporate materials and detailing similar to the base of the building.

(11) Sustainability. Where possible, use materials indigenous to the region and/or manufactured or supplied locally and that have minimal adverse impacts to the environment.

History: Ord. 1517 §3 (Exh. C), 2023; Ord. 1535 §1 (Exh. A), 2024.

(1) Off-Street Parking Screening. Surface parking must be screened from the public right-of-way by one or a combination of the following:

(a) Low walls made of concrete, masonry, or other similar material and not exceeding a maximum height of three feet.

(b) Raised planter walls planted with a minimum 80 percent evergreen shrubs not exceeding a total combined height of three feet.

(c) Landscape plantings consisting of trees, of which at least 80 percent are deciduous, and shrubs and ground cover materials, of which at least 80 percent are evergreen.

History: Ord. 1517 §3 (Exh. C), 2023; Ord. 1535 §1 (Exh. A), 2024.

This section is adopted to implement the policies of the Comprehensive Plan for industrial areas for high technology and other clean, light industry, research facilities, and office uses needing sites with high aesthetic standards. The provisions of this section are intended to:

(1) Establish and maintain high aesthetic standards and preserve the natural beauty of the district.

(2) Assure that improvements are appropriately related to their sites, and to surrounding developments.

(3) Enhance the value of sites and developments located within each office park district.

(4) Implement the policies and objectives of the city’s Comprehensive Plan.

(5) Encourage originality, flexibility, and innovation in site planning and development, including architecture, landscaping and graphic design.

Statutory Reference: ORS Ch. 197, Ch. 227

History: Ord. 1131 §2, 1990; Ord. 1535 §1 (Exh. A), 2024.

(1) Uses. The following uses may be established when they satisfy the purposes of this district, and performance standards under subsections (2) through (8) of this section:

(a) Research. Research offices and laboratories, including testing facilities, provided such testing complies with the operational impact standards set forth under subsection (8) of this section;

(b) Business and professional offices;

(c) Manufacturing uses. Any manufacturing or assembly use, except primary processing of raw materials;

(d) Retail and service uses listed as uses permitted outright in the C-2 community commercial zoning district, including day care centers;

(e) Conversion of a building from commercial to residential;

(f) Dwelling units available to households making 60 percent or less of area median income;

(g) Mixed-use development with ground floor commercial available to households with moderate incomes as defined in ORS 456.270 (80 to 120 percent AMI).

(2) Site Plan and Design. Structures, circulation, parking, loading, and landscaping shall be designed to:

(a) Avoid undue disturbance of significant vegetation, slopes and lakes;

(b) Incorporate and use significant natural features to enhance the quality of the development and preserve the visual character of the site;

(c) Project a positive image as viewed from both inside and outside the site; and

(d) Minimize the impact of truck loading and maneuvering areas.

(3) Building Types and Designs. The use shall occupy only the types of buildings described below:

(a) Buildings. Architect-designed buildings which have the following characteristics:

(A) Are designed for the specific site to accomplish the objectives under subsection (2) of this section;

(B) Provide for natural light penetration into work areas using windows, skylights, atriums, courtyards, etc.;

(C) Have distinctive public entrances into the building;

(D) Use high-image exterior materials and finishes such as masonry, architecturally treated tilt-up concrete, glass, wood, or stucco;

(E) Do not use metal siding material, except as approved by the design review committee for specific high-image materials, or for canopies, awnings, screening for roof-mounted fixtures, or other architectural features;

(F) Generally provide limited area (not exceeding 20 percent of the floor area) devoted exclusively to storage, except those uses requiring additional storage area for materials and finished products assembled within the same building, or uses providing storage and retrieval of records or information, and similar uses;

(G) Are designed to accommodate either a number of tenants in one structure, or a single tenant having various space needs, such as office, research, assembly and storage.

(4) Outdoor Storage/Process Areas. No outdoor storage of materials or products is allowed. No outdoor processes shall be employed in the operation of the business. Waste and recycle receptacles shall be maintained within enclosed structures.

(5) Display Areas. All display areas shall be located within an office, multi-use or flex-space building. No outdoor display areas are allowed in this district.

(6) Transportation Requirements. The use provides appropriate access to a road of at least a collector classification. In addition, the following provisions apply:

(a) Parking. The use satisfies the parking requirements under GMC Chapter 17.48 (Off-Street Parking and Loading), and parking area landscaping requirements under GMC Chapter 17.46 (Landscaping).

(b) Loading Areas. Loading areas shall be located to the side or rear of the buildings unless topography, natural features, or other requirements of this section dictate front yard loading bays. Loading dock areas shall be recessed, screened, or otherwise designed to buffer this use from adjacent properties and roads.

(7) Landscaping. A minimum of 20 percent of the developed “site area,” as defined under GMC Section 17.22.060, shall be used for landscaping, satisfying the requirements under GMC Chapter 17.46 (Landscaping). Typical landscaping in this district shall:

(a) Include a variety of plant materials;

(b) Highlight public access points to buildings;

(c) Buffer loading and utility areas;

(d) Break up large parking areas;

(e) Complement building design and materials;

(f) Incorporate significant trees and other natural features into the site as much as possible;

(g) Include street trees along periphery and internal circulation roads except where significant trees already exist;

(h) Provide for maintenance of all areas within the site area, including areas for future development.

(8) Operational Impacts.

(a) The operation of the use shall not produce noise, odors, fumes, gases, or vibration which exceed the standards of the Department of Environmental Quality (DEQ);

(b) No hazardous materials in quantities classified under Group H, Division 1 or Division 2 Occupancies under the International Building Code shall be stored or used on the premises, except as specifically approved as a conditional use under GMC Section 17.22.040 (Conditional uses);

(c) Any use which generates, releases, stores, or deposits hazardous substances, as defined by CERCLA, 42 USC Chapter 9601 (14), pollutants or contaminates as defined in CERCLA, 12 USC Chapter 9604 (a)(2), or hazardous wastes as defined by RCRA, 42 USC Chapter 6903 (5) (“Hazardous Substance”) shall be allowed only under a conditional use under GMC Section 17.22.040 (Conditional uses).

Statutory Reference: ORS Ch. 197, Ch. 227

History: Ord. 1131 §2, 1990; Ord. 1281 §1, 1998; Ord. 1306 §1, 2001; Ord. 1535 §1 (Exh. A), 2024.

The following shall be allowed as accessory uses in the office park district:

(1) Incidental Uses. Structures and uses customarily accessory and incidental to a primary use, such as:

(a) Temporary buildings for uses incidental to construction work which will be removed upon completion or abandonment of the construction work;

(b) Street furniture and bus shelters;

(c) Solar collection apparatus meeting all the dimensional and development standards of this district;

(d) Satellite dishes, provided such use is buffered from periphery and internal circulation roads;

(e) Utility carrier cabinets;

(f) Cafeterias, employee lounges, and indoor recreation areas and facilities;

(g) Outdoor recreational facilities for employees, such as tennis courts, jogging and exercise courses, playing fields, and similar uses;

(h) Signs identifying the developer, contractor, or real estate agency responsible for leasing or selling land or buildings within the project, which shall be removed upon sale or lease of the premises advertised;

(i) Parking and loading structures and areas provided in conjunction with a primary use, subject to the provisions of GMC Sections 17.22.020(6), 17.48.030 (standards for developments subject to design review) and 17.48.040 (design requirements for permanent off-street parking and loading areas);

(j) Indoor areas for display and sale of products manufactured by the same business occupying the premises; provided, that the floor area of such display area constitutes no more than 20 percent of the floor area of the primary use.

(2) Warehouse Structures. Within a planned office park site area occupying at least 10 acres, separate warehouse or storage structures in conjunction with a primary use may be developed concurrently with or after the primary use; provided, that:

(a) The warehouse structure is located on a site with easy access to periphery roads where impacts on other uses may be minimized, and such use satisfies the loading area requirements under GMC Section 17.22.020(6)(b);

(b) Such structures are compatible with the primary use structure(s) on the site in the use of materials and design.

Statutory Reference: ORS Ch. 197, Ch. 227

History: Ord. 1131 §2, 1990; Ord. 1535 §1 (Exh. A), 2024.

(1) Criteria. Conditional uses may be established in an office park district subject to review and action on the specific proposal, pursuant to GMC Chapter 17.70 (conditional uses). Approval shall not be granted unless the proposal satisfies the following criteria:

(a) The use will have minimal adverse impact on the development of primary uses on abutting properties and the surrounding area, considering location, size, design and operating characteristics of the use;

(b) The use will not create offensive odor, dust, smoke, fumes, noise, glare, heat, vibrations, or truck traffic which are incompatible with primary uses allowed in this district;

(c) The use will be located on a site occupied by a primary use, and/or in a structure which is compatible with the character and scale of uses allowed within the district;

(d) The use will provide vehicular and pedestrian access, circulation, parking and loading areas which are compatible with similar facilities for uses on the same site or adjacent sites.

(2) Uses. The following uses are allowed subject to the above conditions:

(a) Heliports;

(b) Uses which satisfy the provisions under GMC Section 17.22.020(1), but require the storage or use of potentially hazardous materials in quantities classified under Group H, Division 1 or Division 2 Occupancies under the International Building Code, or involve hazardous substances as defined by CERCLA or RCRA or otherwise exceed the requirements of GMC Section 17.22.020(8);

(c) Day care centers;

(d) Business or vocational schools and college or university extension facilities;

(e) Utility substations necessary to serve the surrounding area, without maintenance shops.

(f) Senior housing center; provided, that the use is adjacent to a perimeter access road and across the road from a different zoning district and provided that the use shall occupy no more than 15 percent of the OP site as it exists on the effective date of this amendment.

Statutory Reference: ORS Ch. 197, Ch. 227

History: Ord. 1131 §2, 1990; Ord. 1306 §2, 2001; Ord. 1535 §1 (Exh. A), 2024.

(1) Prohibited Uses. The following uses shall be prohibited in an OP zoning district:

(a) Uses that do not comply with the physical and operational requirements specified under GMC Section 17.22.020 (Primary uses) shall be prohibited, except as specifically provided under GMC Section 17.22.040 (conditional uses);

(b) Separate warehouse and distribution structures and activities, except as allowed as an accessory use under GMC Section 17.22.030(2);

(c) Motor freight terminal;

(d) Auto or truck storage or repair.

(2) Nonconforming Uses.

(a) Structures that are part of a nonconforming use may be allowed to remodel or expand subject to GMC Chapter 17.76 (Exceptions).

(b) Any change in the use of an existing structure from a nonconforming use to a primary, accessory or conditional use allowed in an OP zoning district shall be subject to all requirements for new developments.

(c) Lot Divisions and Setbacks.

(A) A new lot created for a structure that is part of a nonconforming use shall have no minimum lot size;

(B) Structures that are part of a nonconforming use shall satisfy the OP zoning district setback requirements from new lot lines.

Statutory Reference: ORS Ch. 197, Ch. 227

History: Ord. 1131 §2, 1990; Ord. 1323 §1, 2002; Ord. 1535 §1 (Exh. A), 2024.

(1) Purpose. The purpose of these requirements and limitations is to:

(a) Assure that developments have a positive image and attractive appearance from within the site, and from public roads and adjacent properties;

(b) Encourage the retention of large sites and their development in a coordinated, aesthetic, and efficient manner;

(c) Ensure that the minimum operational requirements of the development are provided on-site;

(d) Establish the maximum limits of development;

(e) Provide for the safety and welfare of property within and adjacent to the site.

(2) Site Area Requirements. A “site area” for purposes of this section shall be the total land area to be developed as a unit prior to the creation of any new parcels or lots within the land area. A site area may be either of the following:

(a) A single tax lot, or two or more contiguous tax lots under the same ownership;

(b) Two or more contiguous tax lots under separate ownership; provided, that:

(A) All individual property owners are members of a group formed for the purposes of developing the properties as a single planned development, and

(B) All individual tax lot ownerships are converted into development shares, or other satisfactory arrangement, allowing all lots to be combined into one lot prior to issuance of any building permit for the project.

(3) Site Area Standards. The following standards shall apply to office park districts:

(a) Site Area. Developments shall require a minimum site area of five acres.

(b) Site Area Partitions and Subdivisions. Design review approval of the overall development plan for the site area, including circulation, parking, landscaping, and proposed building elevations, shall be required prior to the approval of any partition or subdivisions of a site area existing at the time of application of this district to the property.

(4) Setback Requirements. For purposes of this section, a “perimeter access road” shall be any state, county, or public road which provides access to the site area, and an “internal circulation road” shall be any public or private roadway which provides direct access to more than one use, building, or parcel within a site area but not including connecting driveways within or between parking areas.

(a) Perimeter Access Road Setbacks. A minimum 30-foot setback shall be maintained between structures in a development and any perimeter access road, except:

(A) An additional five feet of setback shall be added for each five feet, or portion thereof, of building height over 35 feet;

(B) No structure shall be erected closer than 55 feet from the center line of a perimeter access road.

(b) Perimeter Side and Rear Yard Setbacks. A 20-foot setback shall be provided between any structure and a side or rear perimeter line;

(c) Internal Site Setbacks. A 20-foot setback shall be provided between buildings within a site area, and between any building and an internal circulation road.

(d) Corner Lots. A structure located on the corner of two roads shall observe the minimum setback requirement for both roads, as prescribed in this section;

(e) Perimeter Landscaping. Within the perimeter setback, a landscaped strip at least 20 feet wide shall be provided.

(f) A setback does not apply to portable storage containers as defined in GMC Chapter 5.22.

(5) Minimum Street Frontage. A site area shall have a minimum of 100 feet of frontage on a state, county, or public perimeter access road.

(6) Building Height. The maximum building height shall be 35 feet. This restriction may be varied as follows:

(a) Maximum building height may be increased by one story if the building is provided with an approved automatic sprinkler system throughout as provided in Section 506 of the Oregon Structural Specialty Code or its successor;

(b) Vertical projections such as chimneys, spires, domes, elevator shaft housings, towers, aerials, flagpoles and similar objects not used for human occupancy are exempt from the maximum building height standard;

(c) Maximum building height may be increased if the city fire department reports that it possesses sufficient fire-fighting capability to provide emergency response to a structure of the height proposed.

(7) Exceptions to General Requirements. The requirements of this section may be modified when such modification is consistent with GMC Section 17.22.060(1) and GMC Chapter 17.72 (Variances).

Statutory Reference: ORS Ch. 197, Ch. 227

History: Ord. 1131 §2, 1990; Ord. 1140 §3, 1991; Ord. 1323 §1, 2002; Ord. 1392 § 8, 2007; Ord. 1535 §1 (Exh. A), 2024.

All development within an OP zoning district shall be subject to the development standards of GMC Section 17.22.020. In addition, the following standards shall apply:

(1) Master Plan. All developments within the office park district shall be reviewed and developed under a master plan which addresses the performance standards of this section and GMC Chapter 17.80 (Design Review).

(2) Specific Area Plans or Standards. Development shall comply with the requirements or provisions of any special design, circulation, community plan, or standards adopted by the City Council for the area.

(3) Fences. Street perimeter fences or walls and guard posts shall meet a minimum setback of 30 feet and shall be of a material, color, and design complementary to the development and to adjoining properties and public access roads.

(4) Signs. The master plan for the development shall include all proposed signs. In addition to the standards of GMC Chapter 17.52 (Signs), the following sign provisions shall apply. Where the standards of GMC Chapter 17.52 (Signs) conflict with the sign standards of this chapter, the standards of this chapter shall apply.

(a) Freestanding Identification Signs. One sign oriented toward off-site traffic may be provided at each public access point from a public street. Such signs shall comply with the following requirements:

(A) Shall not exceed 50 square feet in area;

(B) Shall not exceed eight feet in height;

(C) Shall use materials and design elements that are complementary to those used in the development;

(D) May be internally or indirectly illuminated;

(E) Shall not be required to maintain a setback from any property line except where such property line abuts a residential zoning district or abuts a street where property on the opposite side of the street is in a residential zoning district, in which cases the minimum setback shall be 15 feet. In no case shall a setback be required from any property line abutting Interstate 205.

(b) Directories. Signs that identify multiple tenants, buildings or uses within a development and direct on-site vehicular or pedestrian traffic to such tenants, buildings or uses shall be allowed. In contrast to signs regulated by GMC Section 17.22.070(4)(a), directories shall clearly be oriented toward on-site vehicular or pedestrian traffic. The maximum area allowed for a directory oriented primarily toward on-site vehicle circulation shall be 50 square feet. The maximum area allowed for a directory oriented primarily toward pedestrian circulation shall be 24 square feet. The maximum area for a directory may be increased if, through review pursuant to GMC Chapter 17.80 (Design Review), it is found that the increase is necessary due to the number of tenants, buildings or uses to be identified.

(c) Monument Signs. A monument sign to identify an individual building in a development shall be allowed provided such sign shall:

(A) Be located in front of the building being identified;

(B) Not exceed 16 square feet in area;

(C) Not exceed five feet in height;

(D) Use materials and colors that are the same, or substantially the same, as those used on the building identified by the sign.

Statutory Reference: ORS Chs. 197, 227.

History: Ord. 1131 §2, 1990; Ord. 1140 §3, 1991; Ord. 1323 §1, 2002; Ord. 1392 § 8, 2007; Ord. 1535 §1 (Exh. A), 2024.

The purpose of an LI district is to implement the Comprehensive Plan and to provide for sufficient amounts of land for types of manufacturing or other industries which, because of their character, can be permitted in relative proximity to residential and commercial districts.

Statutory Reference: ORS Chs. 197, 227.

History: Ord. 1131 §2, 1990; Ord. 1535 §1 (Exh. A), 2024.

In an LI zoning district, the following uses and their accessory uses are allowed outright. Outside or open storage shall be an allowed accessory use.

(1) Automobile service station.

(2) Community service facility such as a fire station, library, community center, park, utility facility.

(3) Contractor’s or building material storage yard.

(4) Dwelling for caretaker or night watchperson on the property.

(5) Freight depot or terminal.

(6) Heavy equipment outlet.

(7) Ice or cold storage plant.

(8) Manufacture, compounding, processing, packaging or treatment of such products as bakery goods, candy, cosmetics, dairy products, drugs, perfumes, pharmaceuticals, toiletries and food and beverage products except sauerkraut, vinegar or pickles.

(9) Manufacture, compounding, processing, packaging or treatment of articles or merchandise from such previously prepared materials as bone, cellophane, canvas, cloth, cork, feathers, leather, paper, plastics, precious or semiprecious metals or stones, shells, textiles, tobacco, wood, yarns and paint not employing a boiling process.

(10) Manufacture of pottery and small ceramic products from previously pulverized clay, stone, marble or granite monuments, and the manufacture of products from previously prepared glass.

(11) Manufacture of scientific and precision instruments, medical and dental equipment, musical equipment.

(12) Truck service, sales, storage and repair.

(13) Uses permitted outright in C-3 district.

(14) Welding, sheet metal or machine shop, including electroplating.

(15) Wholesale distribution outlet, including warehousing and storage.

(16) Recreational vehicles and boat storage.

(17) Day care center.

Statutory Reference: ORS Chs. 197, 227.

History: Ord. 1131 §2, 1990; Ord. 1271 §1, 1998; Ord. 1323 §1, 2002; Ord. 1535 §1 (Exh. A), 2024.

Accessory uses allowed in a residential zoning district shall be allowed in connection with single-family, two-family and multifamily dwellings in this zoning district. Such accessory uses shall comply with the standards applicable to accessory uses allowed in the MR zoning district.

Statutory Reference: ORS Chs. 197, 227.

History: Ord. 1131 §2, 1990; Ord. 1323 §1, 2002; Ord. 1535 §1 (Exh. A), 2024.

In an LI zoning district, the following uses and their accessory uses are allowed subject to GMC Chapter 17.70 (Conditional Uses):

(1) Planned unit development (PUD).

(2) Dwellings, subject to GMC Section 17.14.050(1) through (5).

(3) Recreation vehicle park, subject to Section 17.62.100 (Recreation vehicle park).

(4) Indoor mini-storage.

(5) Medical marijuana dispensary (as authorized by Oregon law).

(6) Marijuana processing sites (as authorized by Oregon law).

(7) Marijuana producers (as authorized by Oregon law).

(8) Marijuana processors (as authorized by Oregon law).

(9) Marijuana wholesalers (as authorized by Oregon law).

(10) Marijuana retailers (as authorized by Oregon law).

(11) Medical marijuana grow sites (as authorized by Oregon law).

Statutory Reference: ORS Chs. 197, 227.

History: Ord. 1131 §2, 1990; Ord. 1198 §1(E), 1994; Ord. l258 §1, 1998; Ord. 1289 §1, 2000; Ord. 1291 §1, 2000; Ord. 1323 §1, 2002; Ord. 1456 §1, 2015; Ord. 1470 §1, 2016; Ord. 1535 §1 (Exh. A), 2024.

The following screening standards shall apply:

(1) Off-street parking and loading areas and business activities, such as service, repair, processing, storage and merchandise display, that are conducted outside of a wholly enclosed building, shall be screened from abutting properties where such properties are in a residential zoning district and from abutting unimproved public street rights-of-way where property on the opposite side of the unimproved right-of-way is in a residential zoning district.

(2) Business activities, such as service, repair, processing, storage and merchandise display, that are conducted outside of a wholly enclosed building, shall be screened from abutting properties where such properties are in a C-1 or C-2 zoning district and from abutting unimproved public street rights-of-way where property on the opposite side of the unimproved right-of-way is in a C-1 or C-2 zoning district.

(3) Storage, with the exception of merchandise display, outside of a wholly enclosed building shall be screened from abutting improved public street rights-of-way. Off-street parking and loading areas for customer vehicles, employee vehicles and vehicles for sale are not required to be screened from improved public street rights-of-way. However, off-street parking and loading areas for other types of vehicle storage (e.g., towed vehicles, recreational vehicles being stored as a service) shall be screened from abutting improved public street rights-of-way.

(4) Required screening shall be accomplished by building placement, a landscaped earth berm or a sight-obscuring fence or hedge.

(5) Required screening shall be reviewed pursuant to GMC Chapter 17.80 (Design Review). When design review is not required, screening shall be reviewed by the City Administrator or designee.

(6) Required screening shall be a minimum of six feet high. With the exception of equipment and vehicles, stored merchandise and materials shall not exceed the height of required screening. Stored equipment and vehicles may exceed the height of the required screening provided such equipment and vehicles are not stacked on top of one another.

(7) Required screening shall be sited so that it does not conflict with GMC Chapter 17.54 (Clear Vision). In locations where perimeter landscaping adjacent to a street is required as a condition of land use approval, required screening shall be located behind such landscaping.

Statutory Reference: ORS Chs. 197, 227.

History: Ord. 1271 §2, 1998; Ord. 1323 §1, 2002; Ord. 1535 §1 (Exh. A), 2024.

Except as provided in GMC Chapter 17.38 (Planned Unit Development), Chapter 17.72 (Variances) and Chapter 17.76 (Exceptions), the following dimensional standards shall apply in an LI zoning district:

(1) Building Height. The maximum building height shall be 35 feet. This restriction may be varied as follows:

(a) Maximum building height may be increased by one story if the building is provided with an approved automatic sprinkler system throughout as provided in Section 506 of the Oregon Structural Specialty Code or its successor;

(b) Vertical projections such as chimneys, spires, domes, elevator shaft housings, towers, aerials, flagpoles and similar objects not used for human occupancy are exempt from the maximum building height standard;

(c) Maximum building height may be increased if the city Fire Department reports that it possesses sufficient fire-fighting capability to provide emergency response to a structure of the height proposed.

(2) Side Setbacks. There shall be no minimum side setback requirement except when a side lot line abuts a residential zoning district, in which case the minimum side setback shall be 20 feet.

(3) Rear Setbacks. There shall be no minimum rear setback requirement except when a rear lot line abuts a residential zoning district, in which case the minimum rear setback shall be 20 feet.

(4) Front and Street Side Setbacks. There shall be no minimum front or street side setback requirements.

(5) Architectural Features. Architectural features such as cornices, eaves, gutters, chimneys and flues may project a maximum of two feet into a required setback area.

(6) Off-Street Parking. The boundary of any area developed or intended for off-street parking shall be located a minimum of five feet from all property lines.

(7) Equipment Setbacks. There shall be no minimum setback requirements for central air conditioners, heat pumps and similar equipment except when a lot line abuts a residential zoning district, in which case the minimum setback requirement from the lot line abutting the residential zoning district shall be 10 feet.

(8) Portable Storage Container Setbacks. When a lot line abuts a residential district, a setback does not apply to portable storage containers as defined in Chapter 5.22.

Statutory Reference: ORS Chs. 197, 227.

History: Ord. 1131 §2, 1990; Ord. 1140 §4, 1991; Ord. 1323 §1, 2002; Ord. 1392 § 9, 2007; Ord. 1535 §1 (Exh. A), 2024.

The standards and requirements of the regulations of this section may be modified by the Planning Commission in the case of a plan and program for a planned unit development, or large industrial area development providing the modifications are not detrimental to the public health, safety and welfare and providing the Planning Commission determines there is provision for adequate public spaces and improvements for the circulation, recreation, light, air and service needs of the developed tract and its relation to adjacent areas and for such covenants and other legal provisions as will assure conformity to and achievement of the plan.

Statutory Reference: ORS Chs. 197, 227.

History: Ord. 1131 §2, 1990; Ord. 1535 §1 (Exh. A), 2024.

Chapter 17.25 is adopted to implement the policies of the Comprehensive Plan for Habitat Conservation Areas.

History: Ord. 1496 §1 (Exh. A), 2009.

A. Chapter 17.25 applies in the Habitat Conservation Area District (HCAD). The HCAD applies to all parcels containing a Habitat Conservation Area (HCA). The HCAD also applies to any area that is less than 100 feet outside the boundary of an HCA even if the area is not located on the same parcel as the HCA. HCAs are identified on maps adopted by reference in Chapter 6 of the Comprehensive Plan (hereinafter referred to as the HCA Map) and are categorized as High, Moderate, or Low HCA.

B. An applicant may dispute the location of an HCA by submitting an application for HCA Map Verification pursuant to Section 17.25.060(B) or by applying for a Comprehensive Plan amendment to modify the HCA Map. HCA Map Verification does not amend the Comprehensive Plan.

C. Development within an HCA in accordance with the provisions of Chapter 17.25 shall not result in removal of such developed areas from the HCA and shall not change the applicable HCA category.

History: Ord. 1496 §1 (Exh. A), 2009.

Unless specifically defined in this Subsection, words or phrases used in Chapter 17.25 shall be interpreted to give them the same meaning as they have in common usage and to give Chapter 17.25 its most reasonable application.

A. Bankfull Stage: The stage or elevation at which water overflows the natural banks of streams or other waters of the state and begins to inundate the upland. The bankfull stage may be approximated using either the two-year recurrence interval flood elevation or one foot measured vertically above the ordinary mean high water line.

B. Building Footprint: The area that is covered by buildings or other roofed structures. A roofed structure includes any structure more than six feet above grade at any point, and that provides an impervious cover over what is below. Building footprint also includes uncovered horizontal structures such as decks, stairways, and entry bridges that are more than six feet above grade. Eaves are not included in the building footprint. Underground facilities and structures are defined based on the foundation line.

C. Developed Areas Not Providing Vegetative Cover: Areas that do not meet the definition of Forest Canopy, Low Structure Vegetation or Open Soils, or Woody Vegetation.

D. Developed Flood Area: A flood area (a) upon which a building or other structure has been located, or (b) that is an uncovered, hard-surfaced area or an area covered with a perforated hard surface (such as “Grasscrete”) that is able to withstand vehicular traffic or other heavy-impact uses; provided, however, that graveled areas shall not be considered developed flood areas.

E. Development: any manmade change defined as structures, roads, utilities, mining, dredging, paving, filling, or grading in amounts greater than 10 cubic yards. In addition, “development” is any other activity that results in the removal of more than 10 percent or 20,000 square feet of the Habitat Conservation Area vegetation on a lot of record, whichever is less. The calculation of the amount of vegetative cover removed shall be done separately for each lot of record and shall include all vegetative cover removed after December 8, 2009, regardless of whether the removal is done as one project or a series of projects. When individual trees are removed, the area contained within the tree’s drip line shall be the basis for calculating the square footage of vegetation removed.

F. Disturb: Manmade changes to the existing physical status of the land, which are made in connection with development.

G. Disturbance Area: An area that contains all temporary and permanent development, exterior improvements, and staging and storage areas on the site. For new development the disturbance area must be contiguous. The disturbance area does not include agricultural and pasture lands or naturalized areas.

H. Drip Line: The outermost edge of a tree’s canopy; when delineating the drip line on the ground, it will appear as an irregularly shaped circle defining the canopy’s perimeter.

I. Ecological Functions: The primary biological and hydrologic characteristics of healthy fish and wildlife habitat. Riparian ecological functions include microclimate and shade, streamflow moderation and water storage, bank stabilization and sediment/pollution control, sources of large woody debris and natural channel dynamics, and organic material sources. Upland wildlife ecological functions include size of habitat area, amount of habitat with interior conditions, connectivity of habitat to water resources, connectivity to other habitat areas, and presence of unique habitat types.

J. Emergency: Any manmade or natural event or circumstance causing or threatening loss of life, injury to person or property, and includes, but is not limited to, fire, explosion, flood, severe weather, drought, earthquake, volcanic activity, spills or releases of oil or hazardous material, contamination, utility or transportation disruptions, and disease.

K. Enhancement: The process of improving upon the natural functions and/or values of an area or water resource that has been degraded by human activity. Enhancement activities may or may not return the site to a pre-disturbance condition, but create/recreate beneficial processes and resources that occur naturally.

L. Erosion: The movement of soil particles resulting from actions of water or wind.

M. Fill: Any material such as, but not limited to, sand, soil, rock, or gravel that is placed in a wetland or flood area for the purposes of development.

N. Flood Areas: Lands contained within the Floodplain Management District regulated by Section Chapter 17.25 and lands that were inundated in the February 1996 flood. (Note: Areas that were mapped as flood areas but were filled to a level above the base flood level prior to September 30, 2005, consistent with all applicable local, state, and federal laws shall no longer be considered habitat based on their status as flood areas.)

O. Flood Management Areas: Flood areas and, in addition, lands that have documented evidence of flooding.

P. Forest Canopy: Areas that are part of a contiguous grove of trees of one acre or larger in area with approximately 60% or greater crown closure, irrespective of whether the entire grove is within 200 feet of the relevant water resource.

Q. Habitat-Friendly Development: A method of developing property that has less detrimental impact on fish and wildlife habitat than do traditional development methods. Examples include clustering development to avoid habitat, using alternative materials and designs such as pier, post, or piling foundations designed to minimize tree root disturbance, managing storm water on-site to help filter rainwater and recharge groundwater sources, collecting rooftop water in rain barrels for reuse in site landscaping and gardening, and reducing the amount of effective impervious surface created by development.

R. Invasive Non-Native or Noxious Vegetation: Plant species that are listed in the Oregon Department of Agriculture’s Noxious Weed Policy and Classification System.

S. Low Structure Vegetation or Open Soils: Areas that are part of a contiguous area one acre or larger of grass, meadow, crop-lands, or areas of open soils located within 300 feet of a surface stream (low structure vegetation areas may include areas of shrub vegetation less than one acre in size if they are contiguous with areas of grass, meadow, crop-lands, orchards, Christmas tree farms, holly farms, or areas of open soils located within 300 feet of a surface stream and together form an area of one acre in size or larger).

T. Mitigation: The reduction of adverse effects of proposed development by considering, in the following order

1. Avoiding the impact by not taking a certain action or parts of an action;

2.  Minimizing impacts by limiting the degree or magnitude of the action and its implementation;

3.  Rectifying the impact by repairing, rehabilitating, or restoring the affected environment;

4.  Reducing or eliminating the impact over time by preservation and maintenance operations during the life of the action by monitoring and taking appropriate measures; and

5.  Compensating for the impact by replacing or providing comparable substitute Habitat Conservation Areas.

U. Native Vegetation: Vegetation native to the Portland metropolitan area provided that it is not invasive non-native or noxious vegetation.

V. Open Space: Land that is undeveloped and that is planned to remain so indefinitely. The term encompasses parks, forests, and farmland. It may also refer only to land zoned as being available to the public, including playgrounds, watershed preserves, and parks.

W. Ordinary Mean High Water Line: The line on the bank or shore to which water ordinarily rises in season.

X. Practicable: Available and capable of being done after taking into consideration cost, existing technology, and logistics in light of overall project purpose and probable impact on ecological functions. The practicability of a development option shall include consideration of the type of HCA that will be affected by the proposed development. For example, High HCAs have been so designated because they are areas that have been identified as having lower urban development value and higher-valued habitat, so it should be more difficult to show that alternative development options that avoid the habitat are not practicable. On the other hand, Low HCAs have been so designated because they are areas that have been identified as having higher urban development value and lower-valued habitat, so it should be less difficult to show that alternative development options that avoid the habitat are not practicable.

Y. Restoration: The process of returning a disturbed or altered area or water resource to a previously existing natural condition. Restoration activities reestablish the structure, function, or diversity to that which existed prior to impacts caused by human activity.

Z. Riparian: Those areas associated with streams, lakes, and wetlands where vegetation communities are predominately influenced by their association with water.

AA. Significant Detrimental Impact: An impact that affects the natural environment, considered individually or cumulatively with other impacts on the HCA, to the point where existing fish and wildlife habitat functional values are degraded.

BB. Stormwater: The surface water runoff that results from all natural forms of precipitation.

CC. Stormwater Pretreatment Facility: Any structure or drainage way that is designed, constructed, and maintained to collect and filter, retain, or detain surface water run-off during and after a storm event for the purpose of water quality improvement.

DD. Stream: A body of running water moving over the earth’s surface in a channel or bed, such as a creek, rivulet, or river. A stream flows at least part of the year, including perennial and intermittent streams. Streams are dynamic in nature and their structure is maintained through build-up and loss of sediment.

EE. Structure: A building or other major improvement that is built, constructed, or installed, not including minor improvements—such as fences, utility poles, flagpoles, or irrigation system components—that are not customarily regulated through zoning codes.

FF. Urban Development Value: The economic value of a property lot or parcel as determined by analyzing three separate variables: assessed land value, value as a property that could generate jobs (“employment value”), and the Metro 2040 design type designation of property. The urban development value of all properties containing regionally significant fish and wildlife habitat is depicted on the Metro Habitat Urban Development Value Map.

GG. Utility Facilities: Buildings, structures, or any constructed portion of a system that provides for the production, transmission, conveyance, delivery, or furnishing of services including, but not limited to, heat, light, water, power, natural gas, sanitary sewer, stormwater, telephone, and cable television. Utility facilities do not include stormwater pre-treatment facilities.

HH. Water Resource: All rivers, streams (regardless of whether they carry year-round flow, i.e., including intermittent streams), springs which feed streams and wetlands and have year-round flow, flood management areas, wetlands, and all other bodies of open water.

II. Watershed: A watershed is a geographic unit defined by the flows of rainwater or snowmelt. All land in a watershed drains to a common outlet, such as a stream, lake, or wetland.

JJ. Wetlands: Areas that are inundated or saturated by surface water or ground water at a frequency and duration sufficient to support and under normal circumstances do support a prevalence of vegetation typically adapted for life in saturated soil conditions. Wetlands generally include swamps, marshes, bogs, and similar areas. Wetlands are those areas identified and delineated by a qualified wetland specialist as set forth in the 1987 Corps of Engineers Wetland Delineation Manual.

KK. Woody Vegetation: Areas that are part of a contiguous area one acre or larger of shrub or open or scattered forest canopy (less than 60% crown closure) located within 300 feet of a surface stream.

History: Ord. 1496 §1 (Exh. A), 2009.

The following uses and activities are exempt from the requirements of Chapter 17.25, except that if the use or activity requires a building or grading permit, a Construction Management Plan shall be required pursuant to Subsection 17.25.060(A). Notwithstanding the requirement for HCA Map Verification under Subsection 17.25.060(B), the HCA Map shall be deemed reliable for the purpose of administering Section 17.25.040 unless an approved HCA Map Verification exists for the subject property, in which case the approved HCA Map Verification shall be used to administer Section 17.25.040.

A. Uses and activities that do not constitute development, except if the use or activity is prohibited by Section 17.25.050;

B. Development that:

1. Had it been proposed prior to December 8, 2009, would not have required a land use, building, erosion prevention and sediment control, or grading permit; and

2. Is located on a parcel that is developed with a dwelling for which a building or manufactured home placement permit was issued prior to December 8, 2009, or a dwelling that was lawfully established prior to the requirement to obtain such a permit;

C. Development, authorized by a valid design review or conditional use permit for which a complete application was submitted prior to December 8, 2009, provided that the development will not result in an increase in the HCA disturbance area approved under the design review or conditional use permit;

D. Development on a partition parcel or a subdivision lot, provided that the parcel or lot is part of a partition or subdivision approved pursuant to Subsection 17.25.070(A)(4) or (B);

E. Maintenance, alteration, expansion, repair, and replacement of existing structures, provided that the building footprint is not increased;

F. Expansion or replacement of an existing structure, provided that:

1. The expansion or replacement shall not intrude more than 500 square feet into the HCA in addition to the building footprint that lawfully existed on December 8, 2009. If more than one expansion or replacement of the same structure is undertaken—regardless of whether the work is done as one project or a series of projects—the total increase in the intrusion in the HCA shall not exceed this 500-square-foot limit;

2. The new intrusion into the HCA shall be no closer to the protected water resource than the pre-existing structure; and

3. Replacement is lawfully commenced within one year of destruction of the original structure. “Lawfully commenced” means the filing of an application for a land use, building, septic, grading, manufactured dwelling or residential trailer placement, plumbing, electrical, or other development permit required by the County or other appropriate permitting agency that is necessary to begin replacement of the structure.

G. Development that will have a disturbance area that does not exceed 120 square feet. If more than one development is undertaken pursuant to this exemption—regardless of whether the work is done as one project or a series of projects—the total disturbance area shall not exceed this 120 square-foot limit;

H. Temporary clearing of vegetative cover in an HCA, not to exceed 200 square feet per lot of record, for the purpose of site investigations and pits for preparing soil profiles, provided that cleared areas are replanted with native vegetation when the investigation is complete. After replanting, no open soil areas greater than 25 square feet in area shall remain. If a tree is removed, the area contained within the tree’s drip line shall be the basis for calculating the square footage of vegetative cover removed. If a tree is removed in an HCA and the tree is equal to or greater than 6 inches in diameter at breast height, it shall be replaced as set forth in Table 6;

I. Maintenance of existing gardens, pastures, lawns, and landscaping, including the installation of new irrigation systems within existing gardens, pastures, lawns, and landscaping;

J. Removal of invasive non-native or noxious vegetation and the planting or propagation of native vegetation, provided that:

1. Handheld tools are used to remove invasive non-native or noxious vegetation; and

2. After such removal, all open soil areas greater than 25 square feet are replanted with native vegetation;

K. Maintenance, alteration, repair, and replacement of existing roads, railroads, and utilities, provided that there is no additional intrusion into the HCA;

L. Maintenance and repair of existing manmade water control facilities, such as irrigation and drainage ditches, constructed ponds and lakes, wastewater facilities, and stormwater pre-treatment facilities;

M. Projects with the sole purpose of restoring or enhancing wetlands, streams, or fish and wildlife habitat areas, provided that the project is part of an approved local, regional, state, or federal restoration or enhancement plan;

N. Removal of dead or diseased trees or trees that pose an imminent hazard to persons or property, provided that a consulting arborist’s report, or other credible evidence, is provided by the owner of the subject property and verifies the dead, diseased, or hazardous condition of the trees proposed for removal;

O. Low-impact outdoor recreation facilities for public use, such as multi-use paths, trails, picnic areas, interpretive and educational displays, and overlooks, provided that:

1. The facility is located outside of a Water Quality Resource Area regulated pursuant to Chapter 17.25;

2. The facility includes less than 500 square feet of new impervious surface; and

3. Any proposed trails are constructed using non-hazardous, pervious materials, with a maximum width of four feet;

P. Emergency procedures or activities undertaken which are necessary to remove or abate hazards and nuisances, or for the protection of public health, safety, and welfare, provided that:

1. Such remedial or preventative action must take place within a timeframe too short to allow for compliance with the requirements of Chapter 17.25; and

2. After the emergency, the owner shall mitigate adverse impacts to the HCA resulting from the emergency action; and

Q. Facilities that infiltrate stormwater onsite, including the associated piping, provided that forest canopy and areas within the drip lines of trees are not disturbed and that only native vegetation is planted in these facilities. Such facilities may include, but are not limited to, vegetated swales, rain gardens, vegetated filter strips, and vegetated infiltration basins.

History: Ord. 1496 §1 (Exh. A), 2009.

The following uses and activities are prohibited within a Habitat Conservation Area:

A. The planting of invasive non-native or noxious vegetation; and

B. Outside storage of materials and equipment, unless such storage began before December 8, 2009 or is approved pursuant to review under Subsection 17.25.060.06(C).

History: Ord. 1496 §1 (Exh. A), 2009.

The following review requirements are applicable to development in the Habitat Conservation Area District (HCAD) unless such development is exempt pursuant to Section 17.25.040.

A. A Construction Management Plan (CMP), consistent with Section 17.25.080, shall be required for development in the HCAD, regardless of whether development will occur within an HCA. However, if an area is in the HCAD solely because it is less than 100 feet outside the boundary of an HCA located on a different parcel, Subsection 17.25.060(A) shall not apply unless HCA Map Verification required pursuant to Subsection 17.25.060(B) determines that an HCA exists on the same parcel as the area for which development is proposed. An application for a CMP shall be reviewed pursuant to one of the following processes:

1. The application shall be reviewed pursuant to Chapter 17.90(C); or

2. The application shall be filed concurrently with an application for review under Subsection 17.25.060(B) or 17.25.060(C), in which case the applications will be consolidated and reviewed pursuant to the process required by Subsection 17.25.060(B)(4) or 17.25.060(C)(3), respectively;

B. In order to confirm the location of an HCA, HCA Map Verification, consistent with Section 17.25.090, shall be required or allowed as follows:

1. HCA Map Verification shall be required for:

a. Development that is proposed to be either in an HCA or less than 100 feet outside of the boundary of an HCA, as shown on the HCA Map; or

b. A parcel that:

i. Either contains an HCA, or any part of which is less than 100 feet outside the boundary of an HCA, as shown on the HCA Map; and

ii. Is the subject of a land use application for a partition, subdivision, or any other land use application the approval of which would authorize new development on the subject parcel.

2. An application for HCA Map Verification may be submitted even if one is not required pursuant to Subsection 17.25.060(B)(1).

3. If a parcel is subject to Subsection 17.25.060(B)(1)(b), an application for HCA Map Verification shall be filed concurrently with the other land use application referenced in Subsection 17.25.060(B)(1)(b)(ii) unless a previously approved HCA Map Verification for the subject property remains valid.

4. An application for HCA Map Verification shall be reviewed pursuant to Section 17.90.010 unless the application is filed concurrently with another land use application that requires review by the Planning Commission or City Council, in which case the applications will be consolidated and reviewed pursuant to the review provisions of Chapter 17.94.

5. Notice required by Section 17.94.040 or 17.94.050 shall be provided to Metro and any watershed council recognized by the Oregon Watershed Enhancement Board and whose boundaries include the subject property.

C. An HCA Development Permit, consistent with Section 17.25.010, shall be required for:

1. Development in an HCA or for a parcel that:

a. Contains an HCA; and

b. Is the subject of a land use application for a partition or subdivision.

2. If a parcel is subject to Subsections 17.25.060(C)(1)(a) and (b), an application for an HCA Development Permit shall be filed concurrently with the application for a partition or subdivision.

3. An application for an HCA Development Permit shall be reviewed pursuant to Section 17.94.050 unless the application is filed concurrently with another land use application that requires review by the Planning Commission or City Council, in which case the applications will be consolidated and reviewed pursuant to Section 17.94.040.

D. HCA Map Verification and HCA Development Permits shall be valid for five years from the date of the final written decision, except:

1. If development lawfully commences within the five-year time period, HCA Map Verification and HCA Development Permits shall remain valid until the development is complete or has been abandoned. Development will be considered to be abandoned if building or grading permits authorizing the development have lapsed or work not requiring a building or grading permit has been discontinued for more than one year; and

2. HCA Map Verification that was valid on the date when the final plat for a subdivision or partition was recorded with the County Clerk shall remain valid for subsequent development on the lots or parcels created by the subdivision or partition.

History: Ord. 1496 §1 (Exh. A), 2009.

Applications filed pursuant to Chapter 17.25 shall comply with the following submittal requirements.

A. An application for a Construction Management Plan shall include:

1. A completed land use application on a form provided by the County Planning Division;

2. A site plan of the subject property, drawn to scale and identifying the following:

a. Location and type of existing and proposed development, including but not limited to, building footprints, roads, driveways, parking areas, utilities, onsite sewage disposal systems, wells, landscaping, and filling or grading in an amount greater than 10 cubic yards. Label each element as existing or proposed;

b. Location and width of existing adjacent roads and road rights-of-way;

c. Location of the Habitat Conservation Area (HCA) as shown on the HCA Map or as identified pursuant to an approved HCA Map Verification;

d. Drip lines outside the HCA of trees that are inside the HCA;

e. Distance between the HCA boundary and proposed development outside the HCA;

f. The site ingress and egress proposed to be used by construction vehicles;

g. Proposed equipment and material staging and stockpile areas; and

h. Proposed orange construction fencing required pursuant to Subsection 17.25.080(B);

3. An Erosion Prevention and Sediment Control (EPSC) plan. This plan may be included on the site plan if acceptable to the EPSC regulatory authority; and

4. If a modification or waiver of the construction fencing requirement of Subsection 17.25.080(B) is proposed, a narrative demonstrating compliance with Subsection 17.25.080(B)(1) or (2).

B. An application for HCA Map Verification shall include:

1. A completed land use application on a form provided by the County Planning Division;

2. A summer 2002 aerial photograph of the subject property, with lot lines shown, at a scale of at least one map inch equal to 50 feet for lots of 20,000 or fewer square feet, and a scale of at least one map inch equal to 100 feet for larger lots (available from the Metro Data Resource Center, 600 N.E. Grand Ave., Portland, OR 97232; 503-797-1742);

3. For an application filed pursuant to Subsection 17.25.090(A)(2), either:

a. A documented demonstration of the misalignment between the HCA Map (generated from the summer 2002 aerial photographs) and the tax lot lines of the subject property. For example, the applicant could compare the road rights-of-way boundaries shown on the tax lot layer for roads within 500 feet of the subject property with the location of such roads as viewed on the summer 2002 aerial photograph of the same area to provide evidence of the scale and amount of incongruity between the HCA Map and the tax lot lines, and the amount of adjustment that would be appropriate to accurately depict habitat on the subject property; or

b. A documented demonstration of another type of computer mapping error that was made in the creation of the HCA map;

4. For an application filed pursuant to Subsection 17.25.090(A)(3):

a. A site plan of the subject property, drawn to scale and identifying the following:

i. Location and type of existing development, including but not limited to, building footprints, roads, driveways, parking areas, utilities, onsite sewage disposal systems, wells, landscaping, and filling or grading in an amount greater than 10 cubic yards. Label the elements that were developed after August 1, 2002;

ii. Location and width of existing adjacent roads and road rights-of-way;

iii. Location of the HCA as shown on the HCA Map, including off-site HCA where review is required due to proposed development within 100 feet outside the HCA boundary and including the location of High, Moderate, and Low HCA; and

iv. Location of the HCA as proposed by the applicant, including the location of High, Moderate, and Low HCA;

b. A summer 2005 aerial photograph of the subject property (or, if available, an aerial photograph taken closer to, but not after, December 8, 2009), with lot lines shown, at a scale of at least one map inch equal to 50 feet for lots of 20,000 or fewer square feet, and a scale of at least one map inch equal to 100 feet for larger lots (available from the Metro Data Resource Center, 600 N.E. Grand Ave., Portland, OR 97232; 503-797-1742);

c. Any approved development permits (e.g. building, grading, land use) and site plans related to the development of the property that took place between August 1, 2002, and December 8, 2009; and

d. A narrative that correlates with the submitted site plan and development permits and identifies the type and scope of the new development that has occurred and the previously identified habitat that no longer exists because it is now part of a developed area; and

5. For an application filed pursuant to Subsection 17.25.090(A)(4):

a. A site plan of the subject property, drawn to scale and identifying the following:

i. Location and type of existing development, including but not limited to, building footprints, roads, driveways, parking areas, utilities, onsite sewage disposal systems, wells, landscaping, and filling or grading in an amount greater than 10 cubic yards;

ii. Location and width of existing adjacent roads and road rights-of-way;

iii. Location of the HCA as shown on the HCA Map, including off-site HCA where review is required due to proposed development within 100 feet outside the HCA boundary and including the location of High, Moderate, and Low HCA;

iv. Location of the HCA as proposed by the applicant, including the location of High, Moderate, and Low HCA;

v. Location of any rivers, streams, wetlands, and flood areas;

vi. Location of agricultural areas (e.g. pastures, orchards);

vii. Location of naturalized areas (e.g. meadows, woods); and

b. A report prepared and signed by either a qualified natural resource professional—such as a wildlife biologist, botanist, or hydrologist—or an environmental engineer registered in Oregon. The report shall include:

i. A description of the qualifications and experience of all persons that contributed to the report, and, for each person that contributed, a description of the elements of the analysis to which the person contributed;

ii. Additional aerial photographs if the applicant believes they provide better information regarding the subject property, including documentation of the date and process used to take the photographs and an expert’s interpretation of the additional information they provide;

iii. A topographic map of the subject property, drawn to scale and shown by contour lines of two-foot intervals for slopes less than 15 percent and 10-foot intervals for slopes 15 percent or greater. On properties that are two acres or larger, such a contour map is required only for the portion of the property to be developed; and

iv. A narrative analysis and any additional documentation necessary to address each step of the verification process set forth in Subsection 17.25.090(E).

C. An application for an HCA Development Permit under Subsection 17.25.100(A) shall include:

1. A completed land use application on a form provided by the County Planning Division;

2. A site plan of the subject property, drawn to scale and identifying the following:

a. Location and type of existing and proposed development, including but not limited to, building footprints, roads, driveways, parking areas, utilities, onsite sewage disposal systems, wells, landscaping, and filling or grading in an amount greater than 10 cubic yards. Label each element as existing or proposed;

b. Location and width of existing adjacent roads and road rights-of-way;

c. Location of the HCA as identified pursuant to a valid HCA Map Verification, and including the location of High, Moderate, and Low HCA;

d. Location of any rivers, streams, wetlands, and flood areas;

e. Location of agricultural areas (e.g. pastures, orchards);

f. Location of naturalized areas (e.g. meadows, woods);

g. Drip lines outside the HCA of trees that are inside the HCA;

h. For a property containing less than one acre of HCA, the location of all trees within the HCA that are greater than six inches diameter at breast height (DBH), identified by DBH and species. For properties containing one acre or more of HCA, the applicant may approximate the number of trees within the HCA that are greater than six inches DBH and the DBH range, and provide a listing of the dominant species;

i. The location of all trees with a DBH of six inches or greater that are proposed to be removed, identified by DBH and species;

j. The site ingress and egress proposed to be used by construction vehicles;

k. Proposed equipment and material staging and stockpile areas; and

l. Location of any Water Quality Resource Area regulated by Chapter 17.25;

3. A mitigation plan that demonstrates compliance with Subsections 17.25.100(A)(6), (7), and, if applicable, (8);

4. If offsite mitigation is proposed pursuant to Subsection 17.25.100(A)(7)(b), the mitigation plan required by Subsection 17.25.070(C)(3) shall address both the subject property and the alternate mitigation site and shall document the following:

a. The number of trees and shrubs that can be planted onsite;

b. The onsite location where those trees and shrubs can be planted;

c. An explanation of why it is not practicable for the remainder of the mitigation to occur onsite; and

d. Identification of the proposed location for off-site mitigation and documentation that the applicant possesses legal authority to conduct and maintain the mitigation, such as having a sufficient ownership interest in the mitigation site, and, if the mitigation is not within an HCA, documentation that the mitigation site will be protected from development after the monitoring period expires by a restrictive covenant, conservation easement, or public dedication;

5. If the applicant proposes to vary the number and size of required trees and shrubs pursuant to Subsection 17.25.100(A)(8), a report, prepared and signed by a qualified professional, such as a botanist or a certified landscape architect, that:

a. Explains why the numbers and sizes of trees and shrubs that the applicant proposes to plant will achieve, at the end of the fifth year after initial planting, comparable or better mitigation results as the results that would be achieved if the applicant complied with all of the requirements of Subsection 17.25.100(A)(6)(a) through (c); and

b. Discusses site preparation, including soil additives, removal of invasive and noxious vegetation, plant diversity, plant spacing, planting season, and immediate post-planting care including mulching, irrigation, wildlife protection, and weed control;

D. An application for an HCA Development Permit under Subsection Chapter 17.25.100(B) shall include:

1. The items listed in Subsections 17.25.070(C)(1) and (2);

2. A topographic map of the subject property, drawn to scale and shown by contour lines of two-foot intervals for slopes less than 15 percent and 10-foot intervals for slopes 15 percent or greater. On properties that are two acres or larger, such a contour map is required only for the portion of the property to be developed;

3. If grading will occur within the HCA, a grading plan showing the proposed alteration of the ground at one-foot vertical contours in areas of slopes less than five percent, two-foot vertical contours in areas of slopes from five percent to 15 percent, and five-foot vertical contours in areas of slopes greater than 15 percent;

4. An Impact Evaluation and Alternatives Analysis, prepared and signed by either a qualified natural resource professional—such as a wildlife biologist, botanist, or hydrologist—or an environmental engineer registered in Oregon. The report shall include:

a. A description of the qualifications and experience of all persons that contributed to the analysis, and, for each person that contributed, a description of the elements of the analysis to which the person contributed;

b. Identification of the ecological functions of the HCA on the subject property. The ecological functions to be evaluated are those identified in Subsections 17.25.100(B)(2)(b)(i) through (iii);

c. Evaluation of alternative locations, design modifications, or alternative methods of development to determine which options reduce significant detrimental impacts on the HCA and the ecological functions provided by the HCA. At a minimum, the approaches identified in Subsections 17.25.100(B)(1)(a) through (g) shall be considered; and

d. Determination of the alternative that best meets the applicable approval criteria, and identification of unavoidable significant detrimental impacts; and

5. A mitigation plan that demonstrates compliance with Subsections 17.25.100(A)(6), (7), and, if applicable, (8) or an alternative mitigation plan. An alternative mitigation plan shall be prepared and signed by a qualified professional, such as a botanist or a certified landscape architect. The report shall include:

a. A description of the qualifications and experience of all persons that contributed to the plan, and, for each person that contributed, a description of the elements of the plan to which the person contributed;

b. An explanation of how the proposed mitigation will adequately compensate for the impacts to ecological functions described in the Impact Evaluation and Alternatives Analysis. The mitigation that would be required under Subsections 17.25.100(A)(6) and (7)(a) may be used as the baseline mitigation required to compensate for disturbance to an HCA that provides an average level of ecological functions. The explanation shall include:

i. If the mitigation that would be required under Subsections 17.25.100(A)(6) and (7)(a) is used as the baseline mitigation required to compensate for disturbance to an HCA, a calculation of the number of trees and shrubs that would be required under Subsection 17.25.100(A)(6)(a);

ii. A site plan showing where the specific mitigation activities will occur and the numbers and sizes of trees and shrubs that are proposed to be planted; and

iii. A discussion of site preparation, including soil additives, removal of invasive and noxious vegetation, plant diversity, plant spacing, planting season, and immediate post-planting care, including mulching, irrigation, wildlife protection, and weed control;

c. Documentation of coordination with appropriate local, regional, special district, state, and federal regulatory agencies;

d. A list of all parties responsible for implementing and monitoring the mitigation plan and, if mitigation will occur offsite, the names of the owners of property where mitigation plantings will occur;

e. A mitigation site monitoring and reporting plan;

f. If the proposed mitigation will not be conducted onsite, a map and accompanying narrative that details the following:

i. The number of trees and shrubs that can be planted onsite;

ii. The onsite location where those trees and shrubs can be planted;

iii. An explanation of why it is not practicable for the remainder of the mitigation to occur onsite; and

iv. The proposed location for off-site mitigation and documentation that the applicant can carry out and ensure the success of the mitigation, including documentation that the applicant possesses legal authority to conduct and maintain the mitigation, such as having a sufficient ownership interest in the mitigation site, and, if the mitigation is not within an HCA, documentation that the mitigation site will be protected from development after the monitoring period expires by a restrictive covenant, conservation easement, or public dedication;

g. If the mitigation area is offsite and not within the same subwatershed (6th Field Hydrologic Unit Code) as the disturbed HCA, an explanation of why it is not practicable to conduct the mitigation within the same subwatershed and of why and how, considering the purpose of the mitigation, the mitigation will provide more ecological functional value if implemented outside of the subwatershed; and

h. An implementation schedule, including a timeline for construction, mitigation, mitigation maintenance, monitoring, and reporting and a contingency plan. If in-stream work in fish-bearing streams is proposed as part of the mitigation plan, documentation that such work will be done in accordance with the Oregon Department of Fish and Wildlife in-stream work timing schedule shall be submitted.

E. Except for utility facilities reviewed pursuant to Subsection 17.25.100(A)(1) and notwithstanding any other provisions of Section 17.25.070, for utility facilities developed by public utilities on property that is not owned by the utility, the utility shall not be required to map or provide any information about the property except for the area within 300 feet of the proposed disturbance area.

History: Ord. 1496 §1 (Exh. A), 2009.

A Construction Management Plan (CMP) shall comply with the following criteria.

A. Erosion prevention and sediment control (EPSC) measures shall be required and shall comply with the standards of the EPSC regulatory authority.

B. Orange construction fencing (i.e. safety fencing, snow fencing, or a comparable product) shall be installed on or outside the boundary of the HCA, except where the drip line of a protected tree extends outside the HCA, in which case the drip line shall be included inside the fencing. This requirement may be modified or waived if:

1. Disturbance of the HCA is authorized pursuant to Section 17.25.040 or 17.25.100, in which case the fencing shall be installed in such a manner as to protect the area of the HCA not authorized for disturbance; or

2. The HCA is already lawfully developed, in which case the fencing shall be installed in such a manner as to protect any water resource that is the basis for the HCA designation and any area of the HCA where naturalized vegetative cover exists.

C. Trees in the HCA shall not be used as anchors for stabilizing construction equipment.

D. Native soils disturbed during development shall be conserved on the subject property.

E. Development shall not commence until the EPSC measures and fencing required pursuant to Subsections 17.25.080(A) and (B) are in place.

F. Compliance with the CMP shall be maintained until the development is complete.

History: Ord. 1496 §1 (Exh. A), 2009.

HCA Map Verification shall be subject to the following criteria.

A. An applicant for HCA Map Verification shall use one or more of the following methods to verify the Habitat Conservation Area (HCA) boundary and, if applicable, the boundary between High, Moderate, and Low HCA.

1. The applicant may concur with the accuracy of the HCA Map of the subject property;

2. The applicant may demonstrate that a computer mapping error was made in the creation of the HCA map (e.g., the mapped vegetative cover layer—which was derived from aerial photographs taken in the summer of 2002 and was used to establish the Vegetative Cover Map and the HCA Map—in Metro’s geographic information system database does not align precisely with the tax lot layer, thereby resulting in an HCA Map of the subject property that is also misaligned with tax lot lines);

3. The applicant may demonstrate that the subject property was developed lawfully between August 1, 2002 (when the taking of the aerial photographs used to determine the regional habitat inventory commenced) and December 8, 2009 and, therefore, that the HCA boundary or category (High, Moderate, or Low) is inaccurate; or

4. If the identified HCA is riparian habitat rather than publicly-owned upland habitat, the applicant may demonstrate that the HCA Map is inaccurate for a reason other than those described in Subsections 17.25.090(A)(2) and (3).

B. The Planning Administrator, or if the application is reviewed pursuant to the Planning Commission provisions of Chapter 17.94 the Planning Commission, shall determine the location of any HCA on the subject property by considering information submitted by the applicant, information collected during any site visit that may be made to the subject property, information generated by prior HCA Map Verification that has occurred on adjacent properties, and any other relevant information that has been provided.

C. For applications filed pursuant to Subsection 17.25.090(A)(1) or (2), the HCA Map shall be deemed to be accurate unless, as described in Subsection 17.25.090(A)(2), there was a computer mapping error (e.g., an alignment error) made in the creation of the HCA map.

D. For applications filed pursuant to Subsection 17.25.090(A)(3), developed areas not providing vegetative cover shall be removed from the HCA, provided that they were developed lawfully between August 1, 2002, and December 8, 2009, and are more than 50 feet from the water resource. Developed areas not providing vegetative cover that were developed lawfully between August 1, 2002, and December 8, 2009, and are 50 feet or less from the water resource, shall remain classified as HCA, but the HCA category shall be changed if necessary to remain consistent with Tables 1 and 2.

E. For applications filed pursuant to Subsection 17.25.090(A)(4), the HCA boundary shall be established as follows:

1. Locate the water resource that was inventoried by Metro and is the basis for the HCA designation, including: Bankfull stage of streams, rivers, and bodies of open water on or within 200 feet of the subject property; flood areas on or within 100 feet of the subject property; and wetlands on or within 150 feet of the subject property based on the 1994 Clackamas County Wetland Inventory maps adopted by reference in the Comprehensive Plan and the Metro 2002 Wetland Inventory Map (available from the Metro Data Resource Center, 600 N.E. Grand Ave., Portland, OR 97232; 503-797-1742). Identified wetlands shall be further delineated consistent with methods currently accepted by the Oregon Division of State Lands and the U.S. Army Corps of Engineers.

2. Identify the vegetative cover status of all areas on the subject property that are within 200 feet of the bankfull stage of streams, rivers, and bodies of open water; are wetlands or are within 150 feet of wetlands; and are flood areas or are within 100 feet of flood areas.

a. Vegetative cover status shall be as identified on the Metro Vegetative Cover Map (available from the Metro Data Resource Center, 600 N.E. Grand Ave., Portland, OR 97232; 503-797-1742); or

b. Vegetative cover status may be adjusted if the property was developed lawfully between August 1, 2002, and December 8, 2009, or an error was made at the time the vegetative cover status was determined by Metro. To assert the latter type of error, applicants shall submit an analysis of the vegetative cover on their property using summer 2002 aerial photographs and the definitions of the different vegetative cover types provided in Section 17.25.030.

3. Determine whether the degree that the land slopes upward from all streams, rivers, and bodies of open water on or within 200 feet of the subject property is greater than or less than 25 percent. A minimum of three slope measurements along the water resource shall be made on the subject property. The measurements shall be made at no more than 100-foot increments, which means that more than three measurements may be required, depending on the length of the water resource on the subject property. Slope shall be measured in 25-foot increments away from the water resource until a point 200 feet from the starting point of measurement is reached. Where the protected water resource is confined by a ravine or gully, the top of ravine is the break in the greater-than-25-percent slope; and

4. Using Table 1 and the data identified pursuant to Subsections 17.25.090(E)(1) through (3), identify all Class I and II riparian areas on the subject property. The riparian class may vary within a single property.

5. Use the Metro Habitat Urban Development Value Map (available from the Metro Data Resource Center, 600 N.E. Grand Ave., Portland, OR 97232; 503-797-1742) to identify the urban development value of the subject property.

a. An upward adjustment of the subject property’s urban development value designation shall be made if the Metro 2040 Design Type designation for the subject property has changed from a category designated as a lower urban development value category to one designated as a higher urban development value category. 2040 Design Type designations are identified on the Metro 2040 Applied Concept Map (available from the Metro Data Resource Center, 600 N.E. Grand Ave., Portland, OR 97232; 503-797-1742). The urban development value categories of the 2040 Design Types are identified in the footnotes to Table 2.

b. If the subject property is owned by a regionally significant educational or medical facility, as designated by Title 13 of the Metro Urban Growth Management Functional Plan, it is designated as of high urban development value.

c. If the subject property is located outside the Portland Metropolitan Urban Growth Boundary and therefore does not have a Metro 2040 Design Type designation, it is designated as of high urban development value.

6. Use Table 2 to cross-reference habitat class with urban development value in order to categorize identified HCA as High, Moderate, or Low HCA.

History: Ord. 1496 §1 (Exh. A), 2009.

A Habitat Conservation Area (HCA) Development Permit shall be approved if the applicant provides evidence substantiating compliance with either Subsection 17.25.100(A) or (B). However, if the proposed development is in a Water Quality Resource Area District regulated pursuant to Chapter 17.27, it shall comply with either Subsection 17.25.100(B) or 17.25.100, except that if the subject parcel contains an HCA and a WQRA and is the subject of a land use application for a partition or subdivision, the partition or subdivision shall comply with the requirements of Sections 17.25.100 and 17.25.110, and if the provisions conflict, the most restrictive standard shall apply.

A. Development in an HCA shall be permitted subject to the following criteria:

1. Except as provided in Subsections 17.25.100(A)(2) through (5), a maximum disturbance area (MDA) shall apply to the subject property.

a. The MDA shall be calculated pursuant to Table 3 for property with a Comprehensive Plan designation of Urban Low Density Residential and Table 4 for property with any other Comprehensive Plan designation.

2. The following disturbance area limitations shall apply to certain utility facilities. Utility facilities other than those addressed in Subsections 17.25.100(A)(2)(a) through (c) shall be subject to Subsection 17.25.100(A)(1).

a. The disturbance area for private connections of utility lines, pipes, or cables to other utility facilities shall be no greater than 10 feet wide.

b. The disturbance area for the upgrade of existing utility lines, pipes, or cables shall be no greater than 15 feet wide.

c. The disturbance area for new underground utility lines, pipes, or cables shall be no greater than 25 feet wide and shall disturb no more than 200 linear feet of the Water Quality Resource Area District regulated pursuant to Chapter 17.27, provided that this disturbance area, with the exception of necessary access points to the utility facility, shall be restored by the planting of native vegetation.

3. A partition of a parcel that contains an HCA shall comply with one of the following options:

a. There shall be no more than a 30 percentage point difference in the percentage of each parcel’s area that is in an HCA. For example, a partition that produces two parcels, one that is 55 percent HCA and the other that is 35 percent HCA, is permissible; whereas a partition that produces two parcels, one that is 75 percent HCA and the other that is 30 percent HCA, is not permissible. In this case, development in the HCA shall be subject to further review under Chapter 17.25;

b. The partition shall comply with Subsection 17.25.100(A)(4); or

c. The applicant shall demonstrate, through an analysis of different possible partition plans based on the characteristics and zoning of the subject property, that it is not practicable to comply with Subsection 17.25.100(A)(3)(a) or (b) and that the applicant’s alternate plan will result in the smallest practicable percentage point difference in the percentage of each parcel’s area that is in an HCA.

4. A subdivision of property that contains an HCA shall require that a minimum of 90 percent of the subject property’s High HCA and a minimum of 80 percent of its Moderate HCA shall be platted as a tract rather than as part of any lot. Any HCA that remains outside such a tract may be developed, subject to compliance with the mitigation standards of Subsection 17.25.100(A) or (B). Unless any HCA that remains outside an HCA tract is protected from development by a restrictive covenant or a conservation easement, it shall be assumed that such areas eventually will be developed, and mitigation shall be required. Mitigation shall be completed, or a performance bond in an amount sufficient to cover the cost of mitigation shall be posted with the County, prior to approval of the final plat.

a. If over 50% of the HCA on the subject property is High HCA, the entire calculation is for High (i.e., 90% of the HCA shall be placed within a separate tract).

b. If over 50% of the HCA on a property is Moderate HCA, the entire calculation is for Moderate (i.e., 80% of the HCA shall be placed within a separate tract).

c. An HCA tract shall be protected from development by restrictive covenant, conservation easement, or public dedication. However, the tract may be subject to an easement conveying storm and surface water management rights to the surface water management authority. The tract shall be designated as one of the following prior to final plat approval:

i. A private natural area owned by a homeowners association or a private non-profit with the mission of land conservation; or

ii. A public natural area where the tract has been dedicated to a public entity.

5. The MDA for publicly owned parks and open spaces designated as natural areas shall be five percent of the HCA on the subject property. Subsection 17.25.100(A)(5) imposes no limit on disturbance area outside an HCA for such natural areas.

6. If development in an HCA is approved pursuant to Subsection 17.25.100(A), compliance with the following mitigation standards shall be required, except that the mitigation standards for development in a wetland (as distinct from an HCA that is adjacent to a wetland) shall be only those required by federal and state law.

a. Required Plants and Plant Densities. All trees, shrubs and ground cover shall be native vegetation. An applicant shall comply with Subsection 17.25.100(A)(6)(a)(i) or (ii), whichever results in more tree plantings, except that where the disturbance area is one acre or more, the applicant shall comply with Subsection 17.25.100(A)(6)(a)(ii).

i. The mitigation requirement shall be calculated based on the number and size of trees that are removed from the site. Trees that are removed from the site shall be replaced as shown in Table 6. Conifers shall be replaced with conifers. Bare ground shall be planted or seeded with native grasses or herbs. Non-native sterile wheat grass may also be planted or seeded, in equal or lesser proportion to the native grasses or herbs; or

ii. The mitigation requirement shall be calculated based on the size of the disturbance area within the HCA. Native trees and shrubs shall be planted at a rate of five trees and 25 shrubs per every 500 square feet of disturbance area (calculated by dividing the number of square feet of disturbance area by 500, and then multiplying that result times five trees and 25 shrubs, and rounding all fractions to the nearest whole number of trees and shrubs; for example, if there will be 330 square feet of disturbance area, then 330 divided by 500 equals 0.66, and 0.66 times five equals 3.3, so three trees shall be planted, and 0.66 times 25 equals 16.5, so 17 shrubs shall be planted). Bare ground shall be planted or seeded with native grasses or herbs. Non-native sterile wheat grass may also be planted or seeded, in equal or lesser proportion to the native grasses or herbs.

b. Plant Size. Replacement trees shall be at least one-half inch in caliper, measured at six inches above the ground level for field grown trees or above the soil line for container grown trees (the one-half inch minimum size may be an average caliper measure, recognizing that trees are not uniformly round), unless they are oak or madrone which may be one-gallon size. Shrubs shall be in at least a one-gallon container or the equivalent in ball and burlap and shall be at least 12 inches in height.

c. Plant Spacing. Trees shall be planted between eight and 12 feet on center, and shrubs shall be planted between four and five feet on center, or clustered in single species groups of no more than four plants, with each cluster planted between eight and 10 feet on center. When planting near existing trees, the drip line of the existing tree shall be the starting point for plant spacing measurements.

d. Plant Diversity. Shrubs shall consist of at least two different species. If 10 trees or more are planted, then no more than 50 percent of the trees may be of the same genus.

e. Invasive Vegetation. Invasive non-native or noxious vegetation shall be removed within the mitigation area prior to planting, and shall be removed or controlled for five years following the date that the mitigation planting is completed.

f. Mulching. Mulch shall be applied around new plantings at a minimum of three inches in depth and 18 inches in diameter.

g. Tree and Shrub Survival. Trees and shrubs that die shall be replaced in kind to the extent necessary to ensure that a minimum of 80 percent of the trees initially required and 80 percent of the shrubs initially required shall remain alive on the fifth anniversary of the date that the mitigation planting is completed.

h. Monitoring and Reporting. Monitoring of the mitigation site shall be the ongoing responsibility of the property owner. For a period of five years following the date that the mitigation planting is completed, the property owner shall submit an annual report to the Planning Director documenting the survival of the trees and shrubs on the mitigation site. In lieu of complying with the monitoring and reporting requirement, the property owner may post with the County a performance bond, or other surety acceptable to the County, in an amount sufficient to cover costs of plant material and labor associated with site preparation, planting, and maintenance. An applicant who elects to post a surety shall be subject to Chapter 17.96.

7. The mitigation area required by Subsection 17.25.100(A)(6) shall be located as follows:

a. All vegetation shall be planted on the subject property, either within the HCA or in an area contiguous to the HCA, provided, however, that if the vegetation is planted in an area contiguous to the HCA, such area shall be protected from development by a restrictive covenant, conservation easement, or public dedication.

b. Off-site mitigation within the same subwatershed (6th Field Hydrologic Unit Code) as the HCA within which development is proposed, may be approved for part or all of the required mitigation, if the applicant provides evidence substantiating that:

i. It is not practicable to complete the mitigation on-site; and

ii. The applicant possesses legal authority to conduct and maintain the mitigation, such as having a sufficient ownership interest in the mitigation site, and, if the mitigation is not within an HCA, that the mitigation site will be protected from development after the monitoring period expires by a restrictive covenant, conservation easement, or public dedication.

8. An applicant may request to proportionally vary the number and size of trees and shrubs required pursuant to Subsections 17.25.100(A)(6)(a) and (b)—for example, to plant fewer larger trees and shrubs or to plant more smaller trees and shrubs—and a corresponding modification of the plant spacing requirements of Subsection 17.25.100(A)(6)(c). The request shall be approved if the applicant provides evidence substantiating that the proposed planting will achieve, at the end of the fifth year after initial planting, comparable or better mitigation results as the results that would be achieved if the applicant complied with all of the requirements of Subsections 17.25.100(A)(6)(a) through (c).

B. Development in an HCA that does not comply with Subsection 17.25.100(A) shall be permitted subject to the following criteria:

1. Development in the HCA shall be avoided to the extent practicable. If there is more than one category (High, Moderate, or Low) of HCA on the subject property, then the applicant shall first avoid the intrusion of development into the higher-valued HCA, to the extent practicable. To comply with these requirements, the following approaches shall be used, to the extent practicable:

a. Multi-story construction;

b. Minimizing building and development footprint;

c. Maximizing the use of native landscaping materials and meeting applicable landscaping requirements by preservation of the HCA as permitted by Chapter 17.46;

d. Minimal excavation foundation systems (e.g., pier, post, or piling foundation);

e. Placing facilities that are required to infiltrate stormwater onsite, including associated piping, within the HCA, provided that such facilities comply with Subsection 17.25.040(R); and

f. Complying with the setback standards of Section 17.25.110 rather than those of the underlying zoning district.

2. If there is no practicable alternative that will avoid disturbance of the HCA, then significant detrimental impacts to the HCA shall be minimized as follows:

a. The proposed development shall minimize loss of habitat as compared to other practicable alternatives, including significantly different practicable alternatives that would result in less development within the HCA.

b. The proposed development shall minimize significant detrimental impacts to ecological functions of the HCA on the subject property as compared to other practicable alternatives, including significantly different practicable alternatives that would result in less development within the HCA. The ecological functions that shall be considered are:

i. Connectivity of the habitat to water;

ii. Connectivity of the habitat to other habitat areas; and

iii. The functions identified in Table 7.

c. If there is more than one category of HCA on the subject property, then development within a higher-valued HCA shall be considered more detrimental than development within a lower-valued HCA.

d. To the extent practicable, development in the HCA shall be designed, located, and constructed to:

i. Minimize grading, removal of native vegetation, and disturbance and removal of native soils by using the approaches required by Section 17.25.080, reducing building footprints, and using minimal excavation foundation systems (e.g., pier, post, or piling foundation);

ii. Minimize adverse hydrological impacts on water resources, such as by using the techniques described in Part (a) of Table 8, unless their use is prohibited by an applicable and required state or federal permit issued to a unit of local government having jurisdiction in the area, such as a permit required under the federal Clean Water Act, 33 U.S.C. §§1251 et seq., or the federal Safe Drinking Water Act, 42 U.S.C. §§300f et seq., and including conditions or plans required by such permit;

iii. Minimize impacts on wildlife corridors and fish passage, such as by using the techniques described in Part (b) of Table 8; and

iv. Consider using the techniques described in Part (c) of Table 8.

3. If development in an HCA is approved pursuant to Subsection 17.25.100(B), compliance with the following mitigation standards shall be required, except that the mitigation standards for development in a wetland (as distinct from an HCA that is adjacent to a wetland) shall be only those required by federal and state law.

a. Compliance with Subsections 17.25.100(A) (6), (7), and, if applicable, (8) shall be required; or

b. An alternative mitigation plan (e.g., a proposal to create an alternative plant community type such as an oak savannah or a low-structure plant community, or where an applicant demonstrates that a portion of identified HCA on the subject property provides only impaired ecological functions) may be approved, subject to the following criteria:

i. The mitigation plan shall demonstrate that it compensates for significant detrimental impacts to the ecological functions provided by the HCA on the subject property, after taking into consideration efforts to minimize such significant detrimental impacts through the use of the techniques described in Table 8 and through any additional or innovative techniques.

ii. Mitigation shall occur on the subject property, except that offsite mitigation may be approved pursuant to Subsection 17.25.100(A)(7)(b).

iii. All mitigation plantings shall be native vegetation.

iv. All in-stream work in fish-bearing streams shall be done in accordance with the Oregon Department of Fish and Wildlife in-stream work-timing schedule.

v. A mitigation maintenance plan shall be included and shall be sufficient to ensure the success of the planting.

4. Municipal potable water, stormwater (drainage), and wastewater utility facilities, which may include, but are not limited to, water treatment plants, wastewater treatment plants, raw water intakes, pump stations, transmission mains, conduits or service lines, terminal storage reservoirs, and outfall devices, shall not have to comply with Subsection 17.25.100(B)(1), provided that:

a. Where practicable, the development shall not encroach closer to a water resource than existing operations and development, or for new projects where there are no existing operations or development, the development shall not encroach closer to a water resource than practicable; and

b. Best management practices shall be employed that accomplish the following:

i. Account for watershed assessment information in project design;

ii. Minimize the trench area and tree removal within the HCA;

iii. Utilize and maintain erosion prevention and sediment control measures until other site stabilization measures are established, post-construction;

iv. Replant immediately after backfilling or as soon as effective;

v. Preserve wetland soils and retain soil profiles;

vi. Minimize compactions and the duration of the work within the HCA;

vii. Complete in-water construction during appropriate seasons, or as approved within requisite state or federal permits;

viii. Monitor water quality during the construction phases, if applicable; and

ix. Implement a full inspection and monitoring program during and after project completion, if applicable.

History: Ord. 1496 §1 (Exh. A), 2009.

For parcels that contain a Habitat Conservation Area, the minimum front, rear, and side yard setbacks shall be zero, except:

A. Garages and carports shall comply with the minimum front yard setback of the underlying zoning district; and

B. A greater setback may be required to comply with applicable fire or life safety requirements.

History: Ord. 1496 §1 (Exh. A), 2009.

The purpose of an OS district is to implement the comprehensive plan and to provide and preserve open space areas for use and enjoyment of the public.

Statutory Reference: ORS Ch. 197, Ch. 227

History: Ord. 1131 §2, 1990.

In addition to other specific areas which may be so zoned the City Council, this district shall apply to all publicly owned park lands.

Statutory Reference: ORS Ch. 197, Ch. 227

History: Ord. 1131 §2, 1990.

Land uses in an OS zoning district shall be consistent with the purpose of this chapter as well as the goals, objectives and policies of the comprehensive plan. In an OS zoning district, the following uses and their accessory uses are allowed outright:

(1) Park and accessory structures.

(2) Playground and accessory structures.

(3) Picnic grounds and accessory structures.

(4) Wildlife preserve.

(5) Nature trail and/or bikeway.

(6) Other similar recreational uses.

Statutory Reference: ORS Ch. 197, Ch. 227

History: Ord. 1131 §2, 1990; Ord. 1323 §1, 2002.

In an OS zoning district, the following uses and their accessory uses are allowed subject to GMC Chapter 17.70 (conditional uses):

(1) Boat ramp.

(2) Swimming facility.

(3) Community garden.

(4) Ball field.

(5) Tennis court.

(6) Other similar recreational uses.

(7) Public utility facilities within a Habitat Conservation Area District.

Statutory Reference: ORS Ch. 197, Ch. 227

History: Ord. 1131 §2 (Part), 1990; Ord. 1323 §1, 2002, Ord. 1431, 2011

Developments in the open space district shall comply with the following special standards:

(1) Compatibility. Open space uses shall be compatible with adjacent land uses.

(2) Preservation of Natural, Scenic and Historic Features. Trees, shrubs, wildlife and other significant natural, scenic or historic features shall be preserved and protected wherever feasible and/or practicable. Where conflicting uses are later identified which would detrimentally impact these resources, these resources shall be preserved and protected unless it can be clearly shown after analysis of the economic, social and environmental energy consequences of the conflicting uses that it is not feasible or practicable to retain these resources in their current state. Within the greenway portion of the open space district, significant trees, shrubs, wildlife habitats and other natural, scenic or historic features shall be preserved.

(3) Access and Parking. Vehicular traffic generated by open space use shall be provided with adequate access and parking facilities.

(4) Trash Receptacles. Picnic grounds shall be equipped with trash receptacles.

(5) Maintenance. Open space districts shall be maintained by the city if publicly owned, by the owner(s) if privately owned.

(6) Limitations:

(a) Bikeways and/or trails shall not cross private property without first securing an easement from the property owner;

(b) Substantial soil removal or fill (grading) shall be subject to approval by the City Council.

Statutory Reference: ORS Ch. 197, Ch. 227

History: Ord. 1131 §2, 1990.

(1) The purpose of the Water Quality Resource Area (WQ) District is to implement the Comprehensive Plan, to protect and improve water quality, to support beneficial water uses, and to protect the functions and values of existing and newly established water quality resource areas that provide a vegetated corridor to separate protected water features from development. The vegetated corridor assists in many functions, including but not limited to, the following:

(a) Maintaining or reducing stream temperatures;

(b) Maintaining natural stream corridors;

(c) Reducing potential sediment, nutrient and pollutant loading into water;

(d) Providing filtration, infiltration and natural water purification; and

(e) Stabilizing slopes to prevent landslides contributing to sedimentation of water features.

Statutory Reference: ORS

History: Ord. 1334 §3 (Part), 2002.

(1) This chapter shall apply to development in the WQ district. The WQ district is composed of water quality resource areas and is an overlay district. “Water quality resource areas” means vegetated corridors and the adjacent protected water features as established by this chapter.

(2) A wetland shall be a primary protected water feature if the wetland meets any one of the following criteria and is not a constructed wetland:

(a) The wetland is fed by surface flows, sheet flows, or precipitation, and has evidence of flooding during the growing season, and has 60 percent or greater vegetative cover, and is over one-half acre in size;

(b) The wetland qualifies as having “intact water quality function” under the 1996 Oregon Freshwater Wetland Assessment Methodology;

(c) The wetland is in the Flood Management Area District, and has evidence of flooding during the growing season, and is five acres or more in size, and has a restricted outlet or no outlet;

(d) The wetland qualifies as having “intact hydrologic control function” under the 1996 Oregon Freshwater Wetland Assessment Methodology;

(e) The wetland or a portion of it is within a horizontal distance of less than one-fourth mile from a water body that meets the Oregon Department of Environmental Quality’s definition of a “water quality limited water body.”

(3) Other primary protected water features include all rivers and perennial streams, intermittent streams draining greater than 100 acres, natural lakes, and springs that feed streams and wetlands and have year-round flow. Secondary protected water features include all intermittent streams draining 100 acres or less.

(4) The minimum required width of the vegetated corridor is specified in Table 1.

(a) At least three slope measurements along the water feature, at no more than 100-foot increments, shall be made for each property for which development is proposed. Depending on the slope measurements, the width of the vegetated corridor may vary.

(b) To establish the width of the vegetated corridor, slope shall be measured in 25-foot increments away from the water feature until slope is less than 25 percent or a point 150 feet from the starting point of measurement is reached, whichever occurs first.

(c) If an improved, public road right-of-way runs parallel to and is included within a water quality resource area as defined above, the water quality resource area shall not extend beyond the improved, public road right-of-way.

(5) The text of this chapter shall determine whether development is located in the WQ district.

(a) Map 12 (Water Quality Resource Areas) of the Comprehensive Plan shall be a reference for identifying areas likely to be located in the WQ district. The map identifies protected water features generally, but does not map the boundaries of the features. Because the text of this chapter controls and the map is reference only, there may be water features not shown on the map that require protection pursuant to the text.

(b) If, in the course of a development review, evidence suggests that a property may contain a water quality resource area, the provisions of this chapter shall be applied to that development review. Additionally, the standards of GMC Section 17.27.080 (map administration) shall be applied and, if the standards are met, the WQ district boundaries shall be amended.

(A) However, neither the provisions of this chapter nor the standards of the GMC Section 17.27.080 shall be applied when, pursuant to the review of an application for a building permit, evidence suggests that a property may contain a water quality resource area not referenced on Map 12 (Water Quality Resource Areas) of the Comprehensive Plan.

(c) If, in the course of a development review, evidence suggests that a property may contain a vegetative corridor protecting a water feature lying outside of the city limits, and the protected water feature is identified on the respective jurisdiction’s Title 3 Water Quality Resource Areas Map, the provisions of this chapter shall be applied to that development review.

(6) Pursuant to GMC Subsection 17.27.042 (2) and Division VII (administrative procedures), applicants for development on a site presumed to be within the WQ district may request a determination that the subject site is not in the district and thus is not subject to the standards of this chapter.

(7) A determination by the city under the standards of this chapter shall not excuse the applicant from satisfying any state and federal requirements that are otherwise applicable.

(8) This chapter does not apply to work necessary to protect, repair, maintain or replace existing structures, utility facilities, roadways, driveways, accessory uses and exterior improvements in response to emergencies provided that after the emergency has passed, adverse impacts are mitigated in accordance with Table 2.

Statutory Reference: ORS

History: Ord. 1334 §3 (Part), 2002.

(1) Applications for subdivisions, partitions, planned unit developments, conditional uses, variances under GMC Chapter 17.72 (variances), alterations, expansions or changes of use of nonconforming uses, greenway conditional uses and design review shall demonstrate compliance with this chapter as part of the review proceedings for those developments.

(2) Uses identified in GMC Subsection 17.27.040(3) and not subject to review as a subdivision, partition, planned unit development, conditional use, variance under GMC Chapter 17.72 (variances), alteration, expansion or change of use of a nonconforming use, greenway conditional use or design review may be approved under a WQ district permit pursuant to GMC Division VII (administrative procedures) and the provisions of this chapter.

Statutory Reference: ORS Ch.

History: Ord. 1334 §3 (Part), 2002.

(1) Uses Allowed Outright.

(a) Stream, wetland, riparian and upland enhancement or restoration projects;

(b) Placement of structures that do not require a grading or building permit;

(c) Maintenance of existing structures, roadways, driveways, utility facilities, accessory uses and other development;

(d) Planting of vegetation listed on the Gladstone Native Plant List;

(e) Removal of vegetation listed on the Gladstone Prohibited Plant List;

(f) Removal of dead or diseased trees or trees that pose an imminent hazard to persons or property;

(g) Removal of vegetation, except trees of 1.5 inches or greater caliper, provided such removal shall not result in more than 10 percent of the area of the vegetated corridor being devoid of vegetation.

(2) Uses Allowed Under Prescribed Conditions.

(a) Repair, replacement or improvement of utility facilities where the disturbed portion of the water quality resource area is restored and vegetation is replaced with vegetation identified on the Gladstone Native Plant List;

(b) Additions, alterations, rehabilitation, or replacement of existing structures, roadways, driveways, accessory uses and other development that do not increase existing structural footprints in the water quality resource area where the disturbed portion of the water quality resource area is restored and vegetation is replaced with vegetation identified on the Gladstone Native Plant List;

(c) Measures to remove or abate nuisances, or any other violation of statute, administrative rule or ordinance, where such measures are required by government order and the disturbed portion of the water quality resource area is restored and vegetation is replaced with vegetation identified on the Gladstone Native Plant List.

(3) Uses Subject to Review. The following uses are allowed subject to compliance with the application requirements and development standards of GMC Sections 17.27.042 and 17.27.045:

(a) Any use allowed in the underlying zoning district, other than those listed in GMC Subsections 17.27.040 (1) and (2);

(b) Roads to provide access to protected water features or necessary ingress and egress across water quality resource areas;

(c) New public or private utility facility construction;

(d) Walkways and bike paths subject to GMC Subsection 17.27.045(1)(f);

(e) New stormwater pretreatment facilities, subject to GMC Subsection 17.27.045(1)(g);

(f) Widening an existing road within a water quality resource area;

(g) Additions, alternations, rehabilitation or replacement of existing structures, driveways, accessory uses and other development that increase the structural footprint within the water quality resource area.

(4) Prohibited Uses.

(a) Any new development, other than that listed in GMC Subsections 17.27.040(1), (2) and (3);

(b) Uncontained areas of hazardous materials as defined by the Department of Environmental Quality.

Statutory Reference: ORS Ch.

History: Ord. 1334 §3 (Part), 2002.

(1) Applications for uses subject to review must provide the following information in a water resources report in addition to the information required for the underlying zoning district. An application shall not be complete until all of the following information is provided. The water resources report shall be stamped by a registered professional engineer or surveyor licensed by the State of Oregon.

(a) A topographic map of the site at contour intervals of five feet or less showing a delineation of the water quality resource area;

(b) The location of all existing natural features including, but not limited to, all trees of a caliper greater than six inches diameter at a height of four feet, natural or historic drainages on the site, springs, seeps, outcroppings of rocks and boulders within the water quality resource area;

(c) Location of wetlands that qualify as primary protected water features. Where such wetlands are identified, a delineation shall be made by a qualified wetlands specialist pursuant to the Division of State Lands’ recommended wetlands delineation process;

(d) An inventory and location of existing debris, nuisance vegetation, and any noxious or hazardous materials;

(e) An assessment of the existing condition of the water quality resource area in accordance with Table 2;

(f) An inventory of vegetation, including percentage ground and canopy coverage;

(g) An alternatives analysis in conformance with the requirements of GMC Subsections 17.27.045(1)(a) and (b);

(h) A water quality resource area mitigation plan. The plan shall contain the following information:

(A) A description of adverse impacts that will be caused as a result of development;

(B) An explanation of how adverse impacts to resource areas will be avoided, minimized, and/or mitigated in accordance with, but not limited to, Table 2;

(C) A list of all responsible parties including, but not limited to, the owner, applicant, contractor or other persons responsible for work on the development site;

(D) A map showing where the specific mitigation activities will occur;

(E) An implementation schedule, including a timeline for construction, mitigation, mitigation maintenance, monitoring, reporting and a contingency plan. All in-stream work in fish-bearing streams shall be done in accordance with the Oregon Department of Fish and Wildlife in-stream timing schedule.

(i) If applicable, any requests to vary from this chapter’s standards pursuant to GMC Section 17.27.070 (variances);

(j) Existing data may be used to satisfy these requirements only if the protected water feature is not located on the subject property and access to the water feature is denied for the purposes of supplying the above information. In order to use existing data, an applicant must submit the following:

(A) A copy of a letter addressed to the owner of the property on which the protected water feature exists requesting access to the property for the purpose of completing a delineation of the protected water feature; and

(B) A copy of a return receipt from the US Postal Service verifying that the letter was mailed certified and was received or refused.

(2) Requests for determination that a site is not within the WQ District.

(a) Applicants for a determination under this subsection shall submit a site plan meeting the following requirements:

(A) The site plan shall be drawn at a scale of no less than one inch equaling 20 feet;

(B) The site plan shall show the location of the proposed development and the lot lines of the property on which development is proposed;

(C) The site plan shall show the location of the protected water feature. If the protected water feature is a wetland, the delineation shall be made by a qualified wetlands specialist pursuant to the Division of State Lands’ recommended wetlands delineation process. For all other protected water features, the location shall be established by a registered professional engineer or surveyor licensed by the State of Oregon.

(D) The site plan shall show the location of the water quality resource area, including slope and drainage information sufficient to classify the protected water feature under Table 1.

(E) Applicants are required to submit a field-verified delineation of the water quality resource area on the subject property as part of the application. Only if the protected water feature is not located on the subject property and access to the water feature, for purposes of completing a delineation, is denied may existing data be used to delineate the boundary of the water quality resource area. To receive an exemption from the requirement to submit a field-verified delineation, an applicant must submit the following:

(i) A copy of a letter addressed to the owner of the property on which the protected water feature exists requesting access to the property for the purpose of completing a delineation of the protected water feature; and

(ii) A copy of a return receipt from the US Postal Service verifying that the letter was mailed certified and was received or refused.

Statutory Reference: ORS Ch.

History: Ord. 1334 §3 (Part), 2002.

(1) Approvals for uses subject to review shall satisfy the following standards:

(a) No practicable alternative locations exist for the requested development that will not disturb the water quality resource area;

(b) No reasonably practicable alternative design or method of development exists that would have a lesser impact on the water quality resource area than the one proposed. If no such reasonably practicable alternative design or method of development exists, the city shall condition the project to:

(A) Limit its disturbance and impact on the water quality resource area to the minimum extent necessary to achieve the proposed development; and

(B) Ensure that impacts to the functions and values of the water quality resource area will be mitigated or impacted areas restored to the extent practicable;

(c) The water quality resource area shall be restored and maintained in accordance with the mitigation plan and the specifications in Table 2;

(d) To the greatest extent practicable, existing vegetation shall be protected and left in place. Work areas shall be carefully located and marked to reduce potential damage to the water quality resource area. Trees in the water quality resource area shall not be used as anchors for stabilizing construction equipment.

(e) Prior to construction, the water quality resource area shall be flagged, fenced or otherwise marked and shall remain undisturbed except as allowed by this chapter. Such markings shall be maintained until construction is complete.

(f) Walkways and bike paths shall be subject to the following standards:

(A) Where it is not practicable to maintain a setback of greater than 30 feet from a protected water feature, a maximum of ten percent of the total area of a gravel, earthen, tree bark product or equivalent walkway or bike path may be within 30 feet of the protected water feature.

(B) For any paved walkway or bike path, the width of the water quality resource area on the subject property shall be increased by a distance equal to the width of the paved path. Where it is not practicable to maintain a setback of greater than 30 feet from a protected water feature, a maximum of ten percent of the total area of the walkway or bike path may be within 30 feet of the protected water feature.

(C) A walkway or bike path under either subsection (A) or (B) of this subsection shall not exceed ten feet in width, shall not be constructed closer than ten feet from the boundary of the protected water feature, and shall be constructed so as to minimize disturbance to existing vegetation.

(g) Stormwater pretreatment facilities.

(A) A stormwater pretreatment facility may encroach a maximum of 25 feet into the outside boundary of the water quality resource area of a primary protected water feature.

(B) A stormwater pretreatment facility may encroach a maximum of five feet into the outside boundary of the water quality resource area of a secondary protected water feature.

(C) The area of encroachment must be replaced by adding an equal area to the water quality resource area on the subject property.

(D) All stormwater shall be collected on-site and passed through a treatment facility, such as a detention/composting facility or filter as approved by the City Administrator or designee, prior to being discharged into the water quality resource area.

Statutory Reference: ORS Ch.

History: Ord. 1334 §3 (Part), 2002.

(1) Subdivision and partition plats shall delineate the water quality resource area as a separate tract or part of a larger tract that meets the requirements of this subsection. The water quality resource area shall not be part of any lot or parcel used for construction of a dwelling unit. Prior to final plat approval, the water quality resource area tract shall be identified as one of the following:

(a) Private open space; or

(b) Public open space where the tract has been dedicated to a governmental unit by mutual agreement.

Statutory Reference: ORS Ch.

History: Ord. 1334 §3 (Part), 2002.

(1) Residential density accruing to portions of a property within the WQ District may be transferred—for the purpose of residential development—to a portion of the subject property that is outside the district.

(2) Approval of a density transfer does not waive other requirements of this title that pertain to development of the property receiving the density transfer with the following exceptions: minimum lot area, minimum lot width and minimum lot depth. Minimum setbacks shall be those established by GMC Subsection 17.38.060(4).

(3) A request for a density transfer shall be submitted with an application for a subdivision or partition and shall include calculations justifying the requested density increase. Fractional units shall be rounded down to the next whole number.

(4) The minimum density standard shall not increase due to a density transfer.

Statutory Reference: ORS Ch.

History: Ord. 1334 §3 (Part), 2002.

(1) In conjunction with an application filed pursuant to GMC Section 17.27.030, a variance to one or more of the standards of this chapter may be requested.

(2) Metro shall be notified of the city’s receiving an application to vary the requirements of this chapter and within seven days of a decision on the variance.

(3) There are three distinct types of variances that may be available.

(a) Lot of Record Variance. Development may occur on lots of record located completely within the WQ district that are created, or that the city has approved for creation, on or before the effective date of this chapter. Development shall not disturb more than 5,000 square feet of the vegetated corridor required by Table 1.

(b) Hardship Variance. A hardship variance may be approved if the applicant demonstrates that the variance is the minimum necessary to allow the proposed use.

(A) The city may impose such conditions as are deemed necessary to limit any adverse impacts that may result from granting a hardship variance. At a minimum, the variance shall be subject to the following conditions:

(i) The minimum width of the vegetated corridor shall be 15 feet on each side of a primary protected water feature; and

(ii) No more than 25 percent of the length of the water quality resource area for a primary protected water feature within a development site shall be less than 30 feet in width on each side of the water feature.

(iii) The minimum width of the vegetated corridor shall be ten feet on each side of a secondary protected water feature.

(c) Buildable Lot Variance. A buildable lot variance may be approved for a lot that is partially inside the water quality resource area. Development of such lots shall not disturb more than 5,000 square feet of the vegetated corridor required by Table 1. The city may impose such conditions as are deemed necessary to limit any adverse impacts that may result from granting a buildable lot variance. The applicant must demonstrate the following:

(A) The proposed use cannot meet the standards in subsection (3)(b)(A)(i) through (iii) of this section;

(B) No other application of this chapter could result in permission for an economically viable use of the subject property. Evidence to meet this criterion shall include a list of uses allowed on the subject property;

(C) The variance is the minimum necessary to allow the proposed use; and

(D) The variance will comply with GMC Subsection 17.27.042(1)(h).

Statutory Reference: ORS Ch.

History: Ord. 1334 §3 (Part), 2002.

(1) If the city receives evidence that a wetland meets any one of the criteria in GMC Subsection 17.27.020(2) or that a protected water feature identified on Map 12 (Water Quality Resource Areas) of the Comprehensive Plan does not qualify as a protected water feature under GMC Subsections 17.27.020(2) or (3), the city shall, subject to GMC Subsection 17.27.020(5)(b)(A), process a legislative application for amendment of Map 12 (Water Quality Resource Areas) of the Comprehensive Plan pursuant to GMC Division VII (administrative procedures).

(2) Notice of the initial public hearing on the application shall be mailed within 90 days of the city’s receipt of the evidence required by subsection (1) of this section.

(3) The application shall be approved if it is demonstrated that:

(a) A protected water feature identified on Map 12 (Water Quality Resource Areas) of the Comprehensive Plan does not qualify as a protected water feature under GMC Subsections 17.27.020(2) or (3); or

(b) A wetland not identified on Map 12 (Water Quality Resource Areas) of the Comprehensive Plan meets any one of the criteria in GMC Subsection 17.27.020(2).

Statutory Reference: ORS Ch.

History: Ord. 1334 §3 (Part), 2002.

Unless specifically defined below, words and phrases used in this chapter shall be interpreted so as to give them the meaning they have in common usage and to give this chapter its most reasonable application. The following definitions supplement those found in GMC Chapter 17.06 (definitions).

(1) “Bankfull stage” means the stage or elevation at which water overflows the natural banks of streams or other waters of the state and begins to inundate the upland. The bankfull stage may be approximated using either the two-year recurrence interval flood elevation or one foot measured vertically above the ordinary mean high water line.

(2) “Beneficial uses” or “beneficial water uses” means, as defined by the Oregon Department of Water Resources, the use of water for the benefit of an appropriator for a purpose consistent with the laws and the economic and general welfare of the people of the state and includes, but is not limited to, domestic, fish life, industrial, instream, irrigation, mining, municipal, pollution abatement, power development, recreation, stockwater and wildlife uses.

(3) “Created wetlands” means wetlands developed in an area previously identified as a non-wetland to replace, or mitigate, wetland destruction or displacement. A created wetland shall be regulated and managed the same as an existing wetland.

(4) “Constructed wetlands” means wetlands developed as a water quality or quantity facility, subject to change and maintenance as such. These areas must be clearly defined and separated from naturally occurring or created wetlands.

(5) “Debris” means discarded man-made objects that would not occur in an undeveloped stream corridor or wetland. Debris includes, but is not limited to, tires, vehicles, litter, scrap metal, construction waste, lumber, plastic or styrofoam. Debris does not include objects necessary to a use allowed by this chapter, or ornamental and recreational structures. Debris does not include existing natural plant materials or natural plant materials that are left after flooding, downed or standing dead trees or trees that have fallen into protected water features.

(6) “Development” means any man-made change, such as buildings or other structures, mining, dredging, paving, filling, vegetation removal or grading in amounts greater than 10 cubic yards on any lot or excavation. Development does not include the following:

(a) Stream enhancement or restoration projects approved by the city; and

(b) Farming practices as defined in ORS 30.930 and farm use as defined in ORS 215.203, except that buildings associated with farm practices and farm uses are subject to the requirements of this chapter; and

(c) Construction on lots in subdivisions meeting the criteria of ORS 92.040(2).

(7) “Disturb” means man-made changes to the existing physical status of the land, which are made in connection with development. The following uses are excluded from the definition:

(a) Enhancement or restoration of the water quality resource area, subject to approval under this chapter;

(b) Planting of vegetation listed on the Gladstone Native Plant List;

(c) Installation of erosion control measures pursuant to an approved erosion and sediment control plan under GMC Chapter 15.06 (earthwork and erosion control standards).

(8) “Emergency” means any man-made or natural event or circumstance causing or threatening loss of life, injury to person or property, and includes, but is not limited to, fire, explosion, flood, severe weather, drought, earthquake, volcanic activity, spills or releases of oil or hazardous material, contamination, utility or transportation disruptions, and disease.

(9) “Enhancement” means the process of improving upon the natural functions and/or values of an area or feature that has been degraded by human activity. Enhancement activities may or may not return the site to a pre-disturbance condition, but create/ recreate processes and features that occur naturally.

(10) “Erosion” means the movement of soil particles resulting from actions of water, wind or mechanical means.

(11) “Fill” means any material such as, but not limited to, sand, soil, rock or gravel that is placed for the purposes of development or redevelopment.

(12) “Metro” means the regional government of the Portland metropolitan area and the elected Metro Council as the policy setting body of the government.

(13) “Mitigation” means the reduction of adverse effects of a proposed project by considering, in the following order:

(a) Avoiding the impact altogether by not taking a certain action or parts of an action;

(b) Minimizing impacts by limiting the degree or magnitude of the action and its implementation;

(c) Rectifying the impact by repairing, rehabilitating or restoring the affected environment;

(d) Reducing or eliminating the impact over time by preservation and maintenance operations during the life of the action by monitoring and taking appropriate measures; and

(e) Compensating for the impact by replacing or providing comparable substitute water quality resource areas.

(14) “Non-native,” “noxious” or “nuisance” vegetation means plant species that have been introduced and, due to aggressive growth patterns and lack of natural enemies in the area where introduced, spread rapidly into native plant communities, or that are identified on the Gladstone Prohibited Plant List.

(15) “Ordinary mean high water line” means the line on the bank or shore to which water ordinarily rises in season; synonymous with “mean high water.”

(16) “Practicable” means available and capable of being done after taking into consideration cost, existing technology and logistics in light of overall project purpose.

(17) “Resource” versus “facility” means the distinction being made is between a “resource,” a functioning natural system such as a wetland or stream; and a “facility” which refers to a created or constructed structure or drainage way that is designed, constructed and maintained to collect and filter, retain, or detain surface water runoff during and after a storm event for the purpose of water quality improvement.

(18) “Restoration” means the process of returning a disturbed or altered area or feature to a previously existing natural condition. Restoration activities re-establish the structure, function and/or diversity to that which existed prior to impacts caused by human activity.

(19) “Riparian” means those areas associated with rivers, streams, lakes and wetlands, consisting of the area of transition from an aquatic ecosystem to a terrestrial ecosystem and where vegetation communities are predominately influenced by their association with water.

(20) “Routine repair and maintenance” means activities directed at preserving an existing allowed use or facility, without expanding the development footprint or site use.

(21) “Significant negative impact” means an impact that affects the natural environment, considered individually or cumulatively with other impacts on the water quality resource area, to the point where existing water quality functions and values are degraded.

(22) “Stormwater” means the surface water runoff that results from all natural forms of precipitation.

(23) “Stormwater pretreatment facility” means any structure or drainage way that is designed, constructed and maintained to collect and filter, retain or detain surface water runoff during and after a storm event for the purpose of water quality improvement.

(24) “Stream” means areas where surface water produces a defined channel or bed, including bedrock channels, gravel beds, sand and silt bends, and defined-channel swales. The channel or bed does not have to contain water year-round. This definition is not meant to include irrigation ditches, canals, storm or surface water runoff structures, or other artificial watercourses unless they are used to convey streams naturally occurring prior to construction of such watercourses. For the purposes of this chapter, streams are categorized into two classes: perennial streams and intermittent streams. “Perennial stream” means a stream that flows year-round during years of normal precipitation; “intermittent stream” means a stream that flows only part of the year, or seasonally, during years of normal precipitation.

(25) “Top of bank” means the same as “bankfull stage.”

(26) “Utility facilities” means buildings, structures or any constructed portion of a system that provides for the production, transmission, conveyance, delivery or furnishing of services including, but not limited to, heat, light, water, power, natural gas, sanitary sewer, stormwater, telephone and cable television. Utility facilities do not include stormwater pretreatment facilities.

(27) “Vegetated corridor” means the area of setback between the top of bank of a protected water feature and the delineated edge of the water quality resource area as defined in Table 1.

(28) “Watershed” means a geographic unit defined by the flows of rainwater or snowmelt. All land in a watershed drains to a common outlet, such as a stream, lake or wetland.

(29) “Wetlands” means those areas that are inundated or saturated by surface water or ground water at a frequency and duration sufficient to support and under normal circumstances do support a prevalence of vegetation typically adapted for life in saturated soil conditions. Wetlands generally include swamps, marshes, bogs and similar areas.

Statutory Reference: ORS Ch.

History: Ord. 1334 §3 (Part), 2002.

The purpose of the greenway conditional use district is to implement the comprehensive plan and to provide compatibility between intensification, change of use, or development therein and the Willamette River Greenway Program.

Statutory Reference: ORS 390.310 to 390.368

History: Ord. 1131 §2, 1990.

The greenway conditional use district is a superimposed district applied in combination with other zoning districts as designated on the Gladstone Plan and Zoning Map and in compliance with state law.

Statutory Reference: ORS 390.310 to 390.368

History: Ord. 1131 §2, 1990.

[Ed. Note: The publication(s) referred to or incorporated by reference in this ordinance are available from the office of the City Recorder.]

Intensification, change or development of uses allowed outright, accessory uses allowed or conditional uses allowed under the primary zoning district shall be allowed in a GW zoning district subject to GMC Section 17.28.040 (requirements to obtain a development permit) and Chapter 17.70 (conditional uses).

Statutory Reference: ORS 390.310 to 390.368

History: Ord. 1131 §2 (Part), 1990; Ord. 1323 §1, 2002.

In a GW zoning district, a development permit for intensification, change or development of uses identified in GMC Section 17.28.030 (uses allowed with development permit) may be approved, pursuant to GMC Division VII (administrative procedures), if the applicant demonstrates that the proposal complies with the following:

(1) Commitment to an Urban Use. That the land has been committed to an urban use before December 6, 1975. In determining whether the land was committed to a commercial, recreational, industrial, port, residential or other similar urban use, the economic, developmental and locational factors shall be considered including such factors as the comprehensive plan, zoning ordinance and similar plans or policies. In determining whether a commitment to an urban use has occurred on particular lands, the nature and character of other urban uses in the vicinity of the property in question shall be considered, as well as the capability of the land to fulfill the purpose of the greenway statute. In any case, such commitment will be deemed to have occurred if a permit for the change of use was granted as of December 6, 1975, and under which permit substantial construction has been undertaken July 1, 1976. Other lands which are in a natural, scenic, historical or recreational condition on December 6, 1975, shall not be deemed committed to urban use.

(2) Additional Requirements for Lands Committed to an Urban Use. Upon finding that land has been committed to an urban use, then the intensification, change of use, or development shall be permitted when the standards of GMC Section 17.28.050 and the following have been satisfied:

(a) That, to the greatest possible degree, the intensification, change of use or development will provide maximum practicable landscaping, aesthetic enhancement, open space or vegetation between the activity and the river; and

(b) That, to the greatest possible degree, public access will be provided by appropriate legal means to and along the river.

(3) Lands not Committed to an Urban Use. Upon finding that land has not been committed to an urban use, then the intensification, change of use or development shall be permitted when the standards of GMC Section 17.28.050 and the findings below have been satisfied:

(a) To the greatest possible degree, the intensification, change of use, or development is compatible with scenic, natural, historical and recreational character of the green way;

(b) To the greatest possible degree the intensification, change of use, or development will provide the maximum practicable landscaping, aesthetic enhancement, open space or vegetation between the activity and the rivers; and

(c) Where necessary, reasonable public access will be provided by appropriate legal means to and along the river.

Statutory Reference: ORS 390.310 to 390.368

History: Ord. 1131 §2, 1990; Ord. 1323 §1, 2002.

Before intensification, change of use or development may be allowed in an area either committed to an urban use or an area not committed to an urban use, affirmative findings must be made showing compliance with the following standards:

(1) Fish and Wildlife Habitat. Significant fish and wildlife habitat shall be protected.

(2) Scenic Qualities and Views. Identified scenic qualities and viewpoints shall be preserved.

(3) Protection and Safety. A development shall provide for the maintenance of public safety and protection of public and private property, especially from vandalism and trespass to the maximum extent practicable.

(4) Vegetative Fringe. The natural vegetative fringe along the river shall be enhanced and protected to the maximum extent practicable.

(5) Development Away from the River. Developments shall be directed away from the river to the greatest possible degree; provided, however, lands committed to urban uses within the greenway shall be permitted to continue urban uses, including port, industrial, commercial and residential uses, uses pertaining to navigational requirement, water and land access needs and related facilities.

(6) Greenway Setback. A setback line shall be established on a case-by-case basis for any development, intensification, or change of use in the greenway. This setback line shall be sufficient to protect, maintain, preserve, enhance the natural, scenic, historic and recreational qualities of the greenway.

Statutory Reference: ORS 390.310 – 390.368

History: Ord. 1131 §2, 1990.

Immediately upon receiving application for an intensification, change of use, or development within the boundaries of this zone, the city shall immediately forward a copy of said application by certified mail to the Department of Transportation, return receipt requested. The city shall also promptly advise the Department of Transportation of any action taken on an application for intensification, change of use, or development within the zone.

Statutory Reference: ORS 390.310 – 390.368

History: Ord. 1131 §2, 1990.

(1) The purpose of the Flood Management Area (FM) District is to promote the public health, safety and general welfare and to minimize public and private losses due to flood conditions in specific areas by provisions designed:

(a) To protect human life and health;

(b) To minimize expenditure of public money and costly flood control projects;

(c) To minimize the need for rescue and relief efforts associated with flooding and generally undertaken at the expense of the general public;

(d) To minimize prolonged business interruptions;

(e) To minimize damage to public facilities and utilities such as water and gas mains, electric, telephone and sewer lines, streets and bridges located in areas of special flood hazard;

(f) To help maintain a stable tax base by providing for the sound use and development of areas of special flood hazard so as to minimize future flood blight areas;

(g) To ensure that potential buyers are notified that property is in an area of special flood hazard;

(h) To ensure that those who occupy the areas of special flood hazard assume responsibility for their actions; and

(i) To protect flood management areas, which provide the following functions:

(A) Protect life and property from dangers associated with flooding;

(B) Flood storage, reduction of flood velocities, reduction of flood peak flows and reduction of wind and wave impacts;

(C) Maintain water quality by reducing and sorting sediment loads, processing chemical and organic wastes and reducing nutrients;

(D) Recharge, store and discharge groundwater; and

(E) Provide plant and animal habitat and support riparian ecosystems.

Statutory Reference: ORS

History: Ord. 1334 §4 (Part), 2002; Ord. 1538 §1 (Exh. A), 2025.

(1) This chapter shall apply to development in the FM district. The FM district includes all special flood hazard areas and is an overlay district.

(2) The standards that apply in the FM district apply in addition to state and federal restrictions governing flood management areas.

Statutory Reference: ORS

History: Ord. 1334 §4 (Part), 2002; Ord. 1538 §1 (Exh. A), 2025.

(1) The areas of special flood hazard identified by the Federal Insurance Administration in a scientific and engineering report entitled Flood Insurance Study, Clackamas County, Oregon and Incorporated Areas dated June 17, 2008, and any revisions thereto, with accompanying flood insurance rate map and flood boundary and floodway maps, are hereby adopted by reference and declared to be a part of the ordinance codified in this chapter. The flood insurance study is on file at the Clackamas County Department of Transportation and Development and the office of the City Recorder in the City Hall. For areas annexed to the city, the flood insurance study, with accompanying maps, of Clackamas County, Oregon, shall govern until such time as the city’s study and/or maps are updated by FEMA.

(2) When base flood elevation data has not been provided in A and V zones by the above-referenced study and maps, the city shall obtain, review and reasonably utilize any base flood elevation and floodway data available from federal, state or other sources, in order to administer GMC Sections 17.29.100(6) and 17.29.140.

(3) Flood management areas also include lands that have physical or documented evidence of flooding within recorded history, including areas of inundation for the February 1996 flood. The most recent and technically accurate information available, such as aerial photographs of the 1996 flooding and digitized flood elevation maps, shall be used to determine the historical flood area.

(4) Map 13 (Flood Management Areas) of the Comprehensive Plan shall be a reference for identifying areas likely to be located in the FM district. The map identifies flood management areas generally. Because the text of this chapter controls and the map is a reference only, there may be flood management areas not shown on the map that are regulated pursuant to the text.

(5) If, in the course of a development review, evidence suggests that a property may contain a flood management area not shown on Map 13 (Flood Management Areas) of the Comprehensive Plan, the provisions of this chapter shall be applied to that development review. Additionally, the standards of GMC Section 17.29.080 (Map administration) shall be applied and, if the standards are met, the FM district boundaries shall be amended.

Statutory Reference: ORS

History: Ord. 1334 §4 (Part), 2002, Ord. 1408, §1, 2008; Ord. 1538 §1 (Exh. A), 2025.

This chapter is not intended to repeal, abrogate or impair any existing easements, covenants or deed restrictions. However, where this chapter and another chapter, easement, covenant or deed restriction conflict or overlap, whichever imposes the more stringent restrictions shall prevail.

Statutory Reference: ORS

History: Ord. 1334 §4 (Part), 2002, Ord. 1408, 2008; Ord. 1538 §1 (Exh. A), 2025.

The degree of flood protection required by this chapter is considered reasonable for regulatory purposes and is based on scientific and engineering considerations. Larger floods can and will occur on rare occasions. Flood heights may be increased by manmade or natural causes. This chapter does not imply that land outside the areas of special flood hazard or uses permitted within such areas will be free from flooding or flood damages. This chapter shall not create liability on the part of the city, any officer or employee thereof, the Federal Insurance Administration or FEMA for any flood damages that result from reliance on this chapter or any administrative decision lawfully made hereunder.

Statutory Reference: ORS

History: Ord. 1538 §1 (Exh. A), 2025.

(1) Application for permit to develop in the special flood hazard area must include:

(a) Either:

(A) A statement confirming that the applicant has obtained a floodplain mitigation assessment of the proposed development performed by a qualified professional;

(B) A statement that, in addition to being covered by the consultation and biological opinion issued by the National Oceanic and Atmospheric Administration’s National Marine Fisheries Service (NMFS) for the Federal Emergency Management Agency’s implementation of the National Flood Insurance Program in Oregon (NMFS Consultation No. NWR-2011-3197), the development proposed by the application is a project or project action that is covered by another formal consultation with NMFS or the United States Fish and Wildlife Service, pursuant to Section 4(d), 7, or 10 of the Endangered Species Act of 1973;

(C) A statement that the development proposed by the application fits within the nature and scope of the project types that are addressed in an existing full programmatic habitat assessment of all current and reasonably foreseeable future conditions; or

(D) A statement that the development proposed by the application is exempt from the requirement for a floodplain mitigation assessment because it is one or more of the following activities:

(i) Normal maintenance, repairs, or remodeling of structures, such as re-roofing and replacing siding, that does not (1) expand the footprint or expand the roof of the structure, and (2) constitute a substantial improvement or repair of substantial damage (meaning the work must be less than 50 percent of the market value of the structure(s));

(ii) Routine maintenance of streets, sidewalks, paths and roads (including but not limited to filling potholes, repaving, and installing signs and traffic signals) that does not alter contours or culverts, that is less than six inches above grade, and that does not expand paved areas;

(iii) Routine maintenance of landscaping that does not include grading, excavation, or filling;

(iv) Routine agricultural practices such as tilling, plowing, harvesting, soil amendments, and ditch cleaning that does not alter the ditch configuration and that removes all spoils from the special flood hazard area or tills spoils into fields as a soil amendment;

(v) Routine silviculture practices (harvesting of trees), including hazardous fuels reduction and hazard tree removal with root balls left in place;

(vi) Removal of noxious weeds and hazard trees or replacement of non-native vegetation with native vegetation;

(vii) Normal maintenance of above- and below- ground utilities and facilities, such as replacing downed power lines and utility poles, that does not result in a net change in footprint;

(viii) Normal maintenance of a levee or other flood control facility prescribed in the operations and maintenance plan for the levee or flood control facility (this does not include repair from flood damage, expansion of the prism, expansion of the face or toe or addition of protection on the face or toe with rock armor);

(ix) Habitat restoration activities;

(x) Activities with the sole purpose of creating, restoring, or enhancing natural functions associated with floodplains, streams, lakes, estuaries, marine areas, habitat, and riparian areas, provided the activities meet federal and state standards and do not include structures, grading, fill, or impervious surfaces;

(xi) Development of open space and recreational facilities, such as parks, trails, and hunting grounds, that do not include structures, fill, impervious surfaces, or removal of more than five percent of the native vegetation on the portion of property located within the special flood hazard area;

(xii) Repair to on-site septic systems, provided ground disturbance is the minimal necessary and best management practices are utilized to prevent stormwater runoff and soil erosion; and

(xiii) Preemptive removal of documented susceptible trees to manage the spread of invasive species.

(b) If the applicant has confirmed that it has obtained a floodplain mitigation assessment consistent with subsection (1)(a)(A) of this section, a statement confirming that the proposed development activities, as shown on the design plans and drawings submitted with the application, include measures to incorporate all mitigation identified in the floodplain mitigation assessment as needed for no net loss of floodplain functions.

(2) For purposes of subsections (1)(a)(A) and (1)(b) of this section:

(a) “Floodplain functions” mean flood storage, water quality, and riparian vegetation conditions.

(b) A “floodplain mitigation assessment” is an assessment of the portions of a site that are within the special flood hazard area, performed by a qualified professional, that identifies existing site conditions before development occurs, describes the impact the proposed development would have on existing floodplain functions within the applicable portion of the existing site, and identifies the mitigation needed for the proposed development to result in no net loss of those floodplain functions. The city’s website includes the guidance prepared by the Federal Emergency Management Agency for preparation of a floodplain mitigation assessment.

(c) “No net loss” means development actions that do not result in, or otherwise mitigate, a net change in any floodplain functions as compared to existing conditions at the time of proposed development.

(d) A “qualified professional” is a person who:

(A) Has a minimum of a bachelor’s degree in wildlife or fisheries habitat biology, or a related degree in a biological field from an accredited college or university with a minimum of four years’ experience as a practicing fish or wildlife habitat biologist; or

(B) Is listed on the Oregon Department of Transportation’s official list of consultants qualified to provide Endangered Species Act Documentation.

(e) “Special flood hazard area” or “area of special flood hazard” as defined in GMC Section 17.29.150(2).

(3) The City of Gladstone will deny a permit to develop in the special flood hazard area unless the applicant submits a statement meeting the requirements of subsection (1) of this section.

(4) An FM district development permit shall be obtained before construction or development begins within the FM district. A permit shall be required for all structures, including manufactured homes, and all other development, including fill and other activities.

(5) Application for a development permit shall be made on forms furnished by the city. Requirements may include, but are not limited to: plans in duplicate drawn to scale showing the nature, location, dimensions and elevations of the area in question; existing or proposed structures, fill, storage of materials, drainage facilities and the location of the foregoing.

(6) The following information is specifically required:

(a) Elevation in relation to mean sea level of the lowest floor (including basement) of all structures. Elevation data shall be submitted on current and effective FEMA elevation certificates;

(b) Elevation in relation to mean sea level to which any structure has been floodproofed;

(c) Certification by a registered professional engineer or architect that the floodproofing methods for any nonresidential structure meet the floodproofing criteria in GMC Section 17.29.100(6)(b);

(d) Description of the extent to which any watercourse will be altered or relocated as a result of proposed development.

Statutory Reference: ORS

History: Ord. 1334 §4 (Part), 2002; Ord. 1538 §1 (Exh. A), 2025.

(1) The City Administrator or designee is appointed to administer and implement this chapter by granting or denying FM district development permit applications in accordance with its provisions.

(2) Duties of the City Administrator or designee shall include:

(a) Permit Review.

(A) Review all development permit applications to determine that the permit requirements of this chapter have been satisfied;

(B) Review all development permit applications to determine that all necessary permits have been obtained from those federal, state or local governmental agencies from which prior approval is required; and

(C) Review all development permits to determine if the proposed development is located in the floodway. If the proposed development is located in the floodway, assure that the provisions of GMC Section 17.29.140(1)(a) are met.

(b) Information to Be Obtained and Maintained.

(A) Where base flood elevation data is provided through the flood insurance study, FIRM or pursuant to GMC Section 17.29.030(2), obtain and record the actual elevation, in relation to mean sea level, of the lowest floor (including basement) of all new or substantially improved structures, and whether or not the structure contains a basement;

(B) For all new or substantially improved floodproofed structures where base flood elevation data is provided through the flood insurance study, FIRM or pursuant to GMC Section 17.29.030(2):

(i) Verify and record the actual elevation in relation to mean sea level; and

(ii) Maintain the floodproofing certifications required in GMC Section 17.29.060(3)(c);

(C) Maintain a cumulative improvement database for properties within the floodplain in order to administer substantial improvement requirements;

(D) Maintain for public inspection all records pertaining to the provisions of this chapter.

(c) Alteration of Watercourses.

(A) Notify adjacent communities and the Department of Land Conservation and Development prior to any alteration or relocation of a watercourse, and submit evidence of such notification to the Federal Insurance Administration;

(B) Require that maintenance is provided within the altered or relocated portion of the watercourse so that the flood-carrying capacity is not diminished.

Statutory Reference: ORS

History: Ord. 1334 §4 (Part), 2002; Ord. 1538 §1 (Exh. A), 2025.

(1) Interpretation of FM District Boundaries. The City Administrator or designee shall make interpretations, where needed, as to exact location of the boundaries of the FM district (for example, where there appears to be a conflict between a mapped boundary and actual field conditions). The person contesting the location of the boundary shall be given a reasonable opportunity to appeal the interpretation as provided in GMC Section 17.29.090 (Variances and appeals).

(2) If the city receives evidence that the boundaries of the FM district have changed since the adoption of Map 13 (Flood Management Areas) of the Comprehensive Plan, the city shall process a legislative application for amendment of the map pursuant to Division VII of this title (Administrative Procedures); provided, that in the case of a boundary established by FEMA, a letter of map amendment (LOMA) or letter of map revision (LOMR) is first obtained from FEMA.

(3) Notice of the initial public hearing on the application shall be mailed within 90 days of the city’s receipt of the evidence required by subsection (2) of this section.

(4) The application shall be approved if it is demonstrated that the map amendment is necessary to accurately reflect the location of a flood management area.

Statutory Reference: ORS

History: Ord. 1334 §4 (Part), 2002; Ord. 1538 §1 (Exh. A), 2025.

(1) To ensure that compliance with this chapter does not cause unreasonable hardship, including depriving an owner of all economically viable use of land, the requirements of this chapter may be varied.

(2) Variance applications shall be reviewed pursuant to GMC Division VII of this title (Administrative Procedures) and the provisions of this chapter.

(3) Metro shall be notified of a variance application and within seven days of a decision on the variance.

(4) Variance approval shall be granted only if the following criteria are satisfied:

(a) The only condition under which a variance from the elevation standard may be approved is for new construction and substantial improvements to be erected on a lot of one-half acre or less in size, contiguous to and surrounded by lots with existing structures constructed below the base flood level. As the lot size increases, the technical justification required for issuing the variance increases.

(b) Variances may be issued for the reconstruction or restoration of structures listed on the National Register of Historic Places or the State Inventory of Historic Places without regard to the procedures set forth in this section.

(c) Variances shall not be approved within a designated floodway if any increase in flood levels during the base flood discharge would result.

(d) Variances shall only be approved upon a determination that the variance is the minimum necessary, considering the flood hazard, to afford relief, and shall not be approved for required mitigation identified in the floodplain mitigation assessment.

(e) Variances shall only be issued upon:

(A) A showing of good and sufficient cause;

(B) A determination that failure to grant the variance would result in exceptional hardship to the applicant;

(C) A determination that the granting of the variance will not result in increased flood heights, additional threats to public safety, extraordinary public expense, create nuisances, cause fraud on or victimization of the public, or conflict with existing local laws or ordinances.

(f) Variances as interpreted in the National Flood Insurance Program are based on the general zoning law principle that they pertain to a physical piece of property; they are not personal in nature and do not pertain to the structure, its inhabitants, economic or financial circumstances. They primarily address small lots in densely populated residential neighborhoods. As such, variances from the flood elevations should be quite rare.

(g) Variances may be issued for nonresidential buildings in very limited circumstances to allow a lesser degree of floodproofing than watertight or dry-floodproofing, where it can be determined that such action will have low damage potential, complies with all other variance criteria except subsection (4)(a) of this section and otherwise complies with GMC Section 17.29.100(5)(a).

(h) Any applicant to whom a variance is granted shall be given written notice that the structure will be permitted to be built with the lowest floor elevation below the base flood elevation and that the cost of flood insurance will be commensurate with the increased risk resulting from the reduced lowest floor elevation.

(i) The variance shall be the minimum necessary to allow the proposed use or activity;

(j) The variance shall not increase danger to life and property due to flooding or erosion;

(k) The impact of the increase in flood hazard, which will result from the variance, shall not prevent the city from meeting the requirements of this chapter. In support of this criterion, the applicant shall have a qualified professional engineer document the expected height, velocity and duration of floodwaters and estimate the rate of increase in sediment transport of the floodwaters expected both downstream and upstream as a result of the variance;

(l) The variance shall not increase the cost of providing and maintaining public services during and after flood conditions so as to unduly burden public agencies and taxpayers; and

(m) In approving a variance, all technical evaluations, all relevant factors, standards specified in other sections of this chapter and the following shall be considered:

(A) The danger that materials may be swept onto other lands to the injury of others;

(B) The danger to life and property due to flooding or erosion damage;

(C) The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owner;

(D) The importance of the services provided by the proposed facility to the community;

(E) The necessity to the facility of a waterfront location, where applicable;

(F) The availability of alternative locations for the proposed use, which are not subject to flooding or erosion damage;

(G) The compatibility of the proposed use with existing and anticipated development;

(H) The relationship of the proposed use to the Comprehensive Plan and floodplain management program for the area;

(I) The safety of access to the property in times of flood for ordinary and emergency vehicles;

(J) The expected heights, velocity, duration, rate of rise and sediment transport of the floodwaters and the effects of wave action, if applicable, expected at the site; and

(K) The costs of providing governmental services during and after flood conditions, including maintenance and repair of public utilities and facilities such as sewer, gas, electrical and water systems, and streets and bridges.

(5) Conditions deemed necessary to further the purposes of this chapter may be attached to a variance approval.

(6) The Planning Commission shall hear and decide appeals when it is alleged there is an error in any requirement, decision or determination made by the City Administrator or designee in the enforcement or administration of this chapter. Such appeals shall be processed pursuant to Division VII of this title (Administrative Procedures).

(7) The City Recorder shall maintain the records of all appeal actions and the City Administrator or designee shall report any approved variances to the Federal Insurance Administration or FEMA upon request.

Statutory Reference: ORS

History: Ord. 1334 §4 (Part), 2002; Ord. 1538 §1 (Exh. A), 2025.

(1) The following uses are allowed outright:

(a) Excavation and fill required to plant any new trees or vegetation, provided such activities do not constitute development;

(b) Restoration or enhancement of floodplains, riparian areas, wetlands, upland and streams that meet federal and state standards; provided, that any project which encroaches in the floodway complies with GMC Section 17.29.140 (floodways).

(2) All uses allowed in the underlying zoning district are allowed subject to compliance with the standards of this chapter.

(3) The following uses are prohibited:

(a) Any use prohibited in the underlying zoning district;

(b) Uncontained areas of hazardous materials as defined by the Department of Environmental Quality.

(4) All development in the FM district shall conform to the following balanced cut and fill standards:

(a) This subsection does not apply to work necessary to protect, repair or maintain existing structures, utility facilities, roadways, driveways, accessory uses and exterior improvements in response to emergencies; provided, that after the emergency has passed, adverse impacts are mitigated in accordance with applicable standards.

(b) No net fill in any floodplain is allowed. All fill placed in a floodplain shall be balanced with at least an equal amount of soil material removal. For the purposes of calculating net fill, fill shall include any structure below the design flood elevation that has been floodproofed pursuant to subsection (6)(b) of this section. Such information shall be certified by an engineer.

(c) Any excavation below bankfull stage shall not count toward compensating for fill.

(d) Excavation to balance a fill shall be located on the same parcel as the fill unless it is not practicable to do so. In such cases, the excavation shall be located in the same Gladstone floodplain, so long as the proposed excavation and fill will not increase flood impacts for surrounding properties as determined through hydrologic and hydraulic analysis.

(e) For excavated areas identified by the city to remain dry in the summer, such as parks or mowed areas, the lowest elevation of the excavated area shall be at least six inches above the winter “low water” elevation, and sloped at a minimum of two percent towards the protected water feature pursuant to GMC Chapter 17.27 (WQ—Water Quality Resource Area District). One percent slopes will be allowed in smaller areas.

(f) For excavated areas identified by the city to remain wet in the summer, such as a constructed wetland, the grade shall be designed not to drain into the protected water feature pursuant to GMC Chapter 17.27 (WQ—Water Quality Resource Area District).

(g) Minimum finished floor elevations shall be at least one foot above the design flood elevation or highest flood of record, whichever is higher, for new habitable structures in the flood area.

(h) Parking areas in the floodplain shall be accompanied by signs that inform the public that the parking area is located in a flood management area and that care should be taken when the potential for flooding exists.

(i) Temporary fills permitted during construction shall be removed at the end of construction, 30 days after subdivision acceptance or completion of the final inspection.

(j) New culverts, stream crossings and transportation projects shall be designed as balanced cut and fill projects. Such projects shall be designed to minimize the area of fill in the FM district and to minimize erosive velocities. Stream crossings shall be as close to perpendicular to the stream as practicable. Bridges shall be used instead of culverts wherever practicable.

(k) Excavation and fill required for the construction of detention facilities or structures, and other facilities, such as levees, specifically shall be designed to reduce or mitigate flood impacts and improve water quality. Such information shall be certified by an engineer. Levees shall not be used to create vacant buildable lands.

(5) The following construction standards shall apply in all flood management areas:

(a) Anchoring.

(A) All new construction and substantial improvements shall be anchored to prevent flotation, collapse or lateral movement of the structure.

(B) All manufactured homes shall be anchored to prevent flotation, collapse or lateral movement and shall be installed using methods and practices that minimize flood damage. Anchoring methods may include, but are not limited to, use of over-the-top or frame ties to ground anchors. Additional techniques may be found in FEMA’s “Manufactured Home Installation in Flood Hazard Areas” publication.

(b) Construction Materials and Methods.

(A) All new construction and substantial improvements shall be constructed with materials and utility equipment resistant to flood damage.

(B) All new construction and substantial improvements shall be constructed using methods and practices that minimize flood damage.

(C) Electrical, heating, ventilation, plumbing and air conditioning equipment and other service facilities shall be designed and/or otherwise elevated or located so as to prevent water from entering or accumulating within the components during conditions of flooding.

(c) Utilities.

(A) All new and replacement water supply systems shall be designed to minimize or eliminate infiltration of floodwaters into the system.

(B) New and replacement sanitary sewage systems shall be designed to minimize or eliminate infiltration of floodwaters into the systems and discharge from the systems into floodwaters.

(C) On-site waste disposal systems shall be located to avoid impairment to them or contamination from them during flooding.

(6) In all areas of special flood hazard where base flood elevation data has been provided (Zones A, AH and AE) as set forth in GMC Sections 17.29.030(1) and (2), the following provisions are required:

(a) Residential Construction.

(A) New construction and substantial improvement of any residential structure shall have the lowest floor, including basement, elevated a minimum of one foot above the design flood elevation.

(B) The following standards apply to below-grade crawl spaces:

(i) The building must be designed and adequately anchored to resist flotation, collapse, and lateral movement of the structure resulting from hydrodynamic and hydrostatic loads, including the effects of buoyancy. Hydrostatic loads and the effects of buoyancy can usually be addressed through the required openings stated in subsection (6)(a)(B)(ii) of this section. Because of hydrodynamic loads, crawlspace construction is not allowed in areas with flood velocities greater that five feet per second unless the design is reviewed by a qualified design professional, such as a registered architect or professional engineer. Other types of foundations are recommended for these areas.

(ii) The crawlspace is an enclosed area below the base flood elevation (BFE) and, as such, must have openings that equalize hydrostatic pressures by allowing the automatic entry and exit of floodwaters. The bottom of each flood vent opening can be no more that one foot above the lowest adjacent exterior grade.

(iii) Portions of the building below the BFE must be constructed with materials resistant to flood damage. This includes not only the foundation walls of the crawlspace used to elevate the building, but also any joists, insulation, or other materials that extend below the BFE. The recommended construction practice is to elevate the bottom of joists and all insulation above BFE.

(iv) Any building utility systems within the crawlspace must be elevated above BFE or designed so that floodwaters cannot enter or accumulate within the system components during flood conditions. Ductwork, in particular, must either be placed above the BFE or sealed from floodwaters.

(v) The interior grade of a crawlspace below the BFE must not be more than two feet below the lowest adjacent exterior grade.

(vi) The height of the below-grade crawlspace, measured from the interior grade of the crawlspace to the top of the crawlspace foundation wall, must not exceed four feet in any point. The height limitation is the maximum allowable unsupported wall height according to the engineering analyses and building code requirements for flood hazard areas.

(vii) There must be an adequate drainage system that removes floodwaters from the interior area of the crawlspace. The enclosed area should be drained within a reasonable time after a flood event. The type of drainage system will vary because of the site gradient and other drainage characteristics, such as soil types. Possible options include natural drainage through porous, well-drained soils and drainage systems such as perforated pipes, drainage tiles or gravel or crushed stone drainage by gravity or mechanical means.

(viii) The velocity of floodwaters at the site should not exceed five feet per second for any crawlspace. For velocities in excess of five feet per second, other foundation types should be used.

(C) Fully enclosed areas below the lowest floor that are subject to flooding are prohibited unless they are designed to automatically equalize hydrostatic flood forces on exterior walls by allowing for the entry and exit of floodwaters. Designs for meeting this requirement must either be certified by a registered professional engineer or architect or must meet or exceed the following minimum criteria:

(D) Nonresidential structures that are elevated, not floodproofed, shall comply with subsection (6)(a)(B) of this section; and

(E) Applicants floodproofing nonresidential buildings shall be notified that flood insurance premiums will be based on rates that are one foot below the floodproofed level (e.g., a building floodproofed to the design flood level will be rated as one foot below that level).

(b) Nonresidential Construction. New construction and substantial improvement of any commercial, industrial or other nonresidential structure shall either have the lowest floor, including basement, elevated at or above the base flood elevation; or, together with attendant utility and sanitary facilities, shall:

(A) Be floodproofed so that below the design flood level the structure is watertight with walls substantially impermeable to the passage of water; provided, that the requirements of subsection (4)(b) of this section are met;

(B) Have structural components capable of resisting hydrostatic and hydrodynamic loads and effects of buoyancy;

(C) Be certified by a registered professional engineer or architect that the design and methods of construction are in accordance with accepted standards of practice for meeting provisions of this subsection based on their development and/or review of the structural design, specifications and plans. Such certifications shall be provided pursuant to GMC Section 17.29.070(2)(b)(B);

(D) Nonresidential structures that are elevated, not floodproofed, shall comply with subsection (6)(a)(B) of this section; and

(E) Applicants floodproofing nonresidential buildings shall be notified that flood insurance premiums will be based on rates that are one foot below the floodproofed level (e.g., a building floodproofed to the design flood level will be rated as one foot below that level).

(c) Manufactured Homes.

(A) Manufactured homes to be placed or substantially improved on sites that are outside of a manufactured home park or subdivision; in a new manufactured home park or subdivision; in an expansion to an existing manufactured home park or subdivision; or in an existing manufactured home park or subdivision on which a manufactured home has incurred “substantial damage” as the result of a flood, shall be elevated on a permanent foundation such that the lowest floor of the manufactured home is elevated one foot above the base flood elevation and be securely anchored to an adequately designed foundation system to resist flotation, collapse and lateral movement.

(B) Manufactured homes to be placed or substantially improved on sites in an existing manufactured home park or subdivision within Zones A1-30, AH, and AE on the community’s FIRM that are not subject to subsection (6)(c)(A) of this section shall be elevated so that either:

(i) The lowest floor of the manufactured home is elevated one foot above the base flood elevation and the manufactured home is securely anchored to an adequately designed foundation system to resist flotation, collapse and lateral movement; or

(ii) The manufactured home chassis is supported by reinforced piers or other foundation elements of at least equivalent strength that are no less than three feet in height above grade and is securely anchored to an adequately designed foundation system to resist flotation, collapse and lateral movement.

(d) Recreational Vehicles. Recreational vehicles shall:

(A) Be on the site for fewer than 180 consecutive days; or

(B) Be fully licensed and ready for highway use, on wheels or jacking system, attached to the site only by quick disconnect type utilities and security devices, and have no permanently attached additions; or

(C) Comply with subsection (6)(c) of this section and the elevation and anchoring requirements for manufactured homes.

Statutory Reference: ORS Ch.

History: Ord. 1334 § 4; 2002, Ord. 1408, 2008; Ord. 1538 §1 (Exh. A), 2025.

Where elevation data is not available either through the Flood Insurance Study, FIRM or pursuant to GMC Section 17.29.030(2), applications for building permits shall be reviewed to assure that proposed construction will be reasonably safe from flooding. The test of reasonableness shall be made by the City Administrator or designee, considering use of historical data, high water marks, photographs of past flooding, etc., where available, and the provisions of this chapter. Failure to elevate at least two feet above grade in these zones may result in higher insurance rates.

Statutory Reference: ORS

History: Ord. 1334 §4 (Part), 2002; Ord. 1538 §1 (Exh. A), 2025.

(1) Subdivisions shall be consistent with the need to minimize flood damage.

(2) Subdivisions shall have public utilities and facilities such as sewer, gas, electrical and water systems located and constructed to minimize or eliminate flood damage.

(3) Subdivisions shall have adequate drainage provided to reduce exposure to flood damage.

(4) Where base flood elevation data has not been provided or is not available from another authoritative source, it shall be generated for subdivisions and other proposed developments.

(5) Development of subdivisions, including development on newly created lots, shall comply with the standards of this chapter.

Statutory Reference: ORS

History: Ord. 1334 §4 (Part), 2002; Ord. 1538 §1 (Exh. A), 2025.

(1) Residential density accruing to portions of a property within the FM district may be transferred—for the purpose of residential development—to a portion of the subject property that is outside the district.

(2) Approval of a density transfer does not waive other requirements of this title that pertain to development of the property receiving the density transfer with the following exceptions: minimum lot area, minimum lot width and minimum lot depth. Minimum setbacks shall be those established by GMC Section 17.38.060(4).

(3) A request for a density transfer shall be submitted with an application for a subdivision or partition and shall include calculations justifying the requested density increase. Fractional units shall be rounded down to the next whole number.

(4) The minimum density standard shall not increase due to a density transfer.

Statutory Reference: ORS

History: Ord. 1334 §4 (Part), 2002; Ord. 1538 §1 (Exh. A), 2025.

(1) Located within areas of special flood hazard established in GMC Section 17.29.030 (basis for establishing flood management areas) are areas designated as floodways. Because the floodway is an extremely hazardous area due to the velocity of floodwaters that carry debris, potential projectiles and erosion potential, the following provisions apply:

(a) Encroachments, including fill, new construction, substantial improvements and other development, shall be prohibited unless certification by a registered professional civil engineer is provided demonstrating through hydrologic and hydraulic analyses performed in accordance with standard engineering practice that encroachments shall not result in any increase in flood levels during the occurrence of the base flood discharge.

(b) New construction and substantial improvements shall comply with the applicable standards of GMC Sections 17.29.100 (Standards), 17.29.110 (Review of building permits) and 17.29.120 (Subdivision standards).

Statutory Reference: ORS

History: Ord. 1334 §4 (Part), 2002; Ord. 1538 §1 (Exh. A), 2025.

Unless specifically defined below, words and phrases used in this chapter shall be interpreted so as to give them the meaning they have in common usage and to give this chapter its most reasonable application. The following definitions supplement those found in GMC Chapter 17.06 (Definitions).

(1) “Architect” means an architect licensed by the State of Oregon.

(2) “Area of special flood hazard” means the land in the floodplain within a community subject to a one percent or greater chance of flooding in any given year. Designation on Federal Insurance Administration or Federal Emergency Management Agency (FEMA) maps always includes the letters A or V.

(3) “Bankfull stage” is defined in GMC Section 17.27.090(1).

(4) “Base flood” means the flood having a one percent chance of being equaled or exceeded in any given year. Also referred to as the 100-year flood. Designation on Federal Insurance Administration or FEMA maps always includes the letters A or V.

(5) “Basement” means any area of the building having its floor subgrade (below ground level) on all sides.

(6) “Below-grade crawl space” means an enclosed area below the base flood elevation, which is in nearly all cases considered by the NFIP to also be a basement, that generally serves as the foundation for a structure and exhibits the following characteristics:

(a) All sides of the crawl space are below the adjacent exterior grades outside the crawl space;

(b) The interior grade inside the crawl space is not more than two feet below the lowest adjacent exterior grade;

(c) The height, measured from the interior grade of the crawlspace to the top of the crawlspace foundation, does not exceed four feet at any point.

(7) “Design flood elevation” means the elevation of the base flood or 100-year storm as defined in Federal Insurance Administration or FEMA Flood Insurance Studies, or the highest flood of record since the adoption of the flood insurance maps or, in areas without Federal Insurance Administration or FEMA floodplains, the elevation of the 25-year storm, or the edge of mapped flood-prone soils or similar methodologies, whichever is higher.

(8) “Development” means any manmade change to improved or unimproved real estate, including but not limited to buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations or storage of equipment or materials located within the area of special flood hazard.

(9) “Emergency” is defined in GMC Section 17.27.090(8).

(10) “Engineer” means a registered professional engineer licensed by the State of Oregon.

(11) “Enhancement” means the process of improving upon the natural functions and/or values of an area or feature which has been degraded by human activity. Enhancement activities may or may not return the site to a predisturbance condition, but create/recreate processes and features that occur naturally.

(12) “Existing manufactured home park or subdivision” means a manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including, at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed before the effective date of this chapter.

(13) “Expansion to an existing manufactured home park or subdivision” means the preparation of additional sites by the construction of facilities for servicing the lots on which manufactured homes are to be affixed (including the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads).

(14) “Fill” means sand, soil, rock, gravel, concrete, asphalt, vegetation, wood, or other material that is placed for the purposes of development or redevelopment that changes the elevation of the floodplain. The placement of fill is considered “development.”

(15) “Flood” or “flooding” means a general and temporary condition of partial or complete inundation of normally dry land areas from:

(a) The overflow of inland or tidal waters; and/or

(b) The unusual and rapid accumulation of runoff of surface waters from any source.

(16) “Flood insurance rate map” means the official map on which the Federal Insurance Administration or FEMA has delineated both the areas of special flood hazard and the risk premium zones applicable to the community.

(17) “Flood insurance study” means the official report provided by the Federal Insurance Administration or FEMA that includes flood profiles, the Flood Boundary-Floodway Map, and the water surface elevation of the base flood.

(18) “Flood management areas” means areas of special flood hazard, areas of inundation for the February 1996 flood and areas that have physical or documented evidence of flooding within recorded history.

(19) “Floodplain” means the land area identified and designated by the United States Army Corps of Engineers, the Oregon Division of State Lands, the Federal Insurance Administration, FEMA or the City of Gladstone that has been or may be covered temporarily by water as a result of a storm event of identified frequency. It is usually the flat area of land adjacent to a stream or river formed by floods.

(20) “Floodway” means the channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than one foot.

(21) “Floodway fringe” means the area of the floodplain, lying outside the floodway, which does not contribute appreciably to the passage of floodwater, but services as a retention area.

(22) “Lowest floor” means the lowest floor of the lowest enclosed area (including basement). An unfinished or flood-resistant enclosure, usable solely for parking of vehicles, building access or storage, in an area other than a basement area, is not considered a building’s lowest floor; provided, that such enclosure is not built so as to render the structure in violation of the applicable non-elevation design requirements in GMC Section 17.29.100(6)(a)(B).

(23) “Manufactured home” means a structure, transportable in one or more sections, which is built on a permanent chassis and is designed for use with or without a permanent foundation when attached to the required utilities. The term “manufactured home” does not include a “recreational vehicle.”

(24) “Manufactured home park or subdivision” means a parcel (or contiguous parcels) of land divided into two or more manufactured home lots for rent or sale.

(25) “Metro” is defined in GMC Section 17.27.090(12).

(26) “New construction” means structures for which the “start of construction” commenced on or after the effective date of this chapter.

(27) “New manufactured home park or subdivision” means a manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including, at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed on or after the effective date of this chapter.

(28) “Ordinary mean high water line” is defined in GMC Section 17.27.090(15).

(29) “Practicable” is defined in GMC Section 17.27.090(16).

(30) “Recreational vehicle” means a vehicle which is:

(a) Built on a single chassis;

(b) Four hundred square feet or less when measured at the largest horizontal projection;

(c) Designed to be self-propelled or permanently towable by a light duty truck; and

(d) Designed primarily as temporary living quarters for recreational, camping, travel or seasonal use and not for use as a permanent dwelling.

(31) “Start of construction” is meant to include substantial improvement, and means the date the building permit was issued, provided the actual start of construction, repair, reconstruction, placement or other improvement was within 180 days of the permit date. The actual start means either the first placement of permanent construction of a structure on a site, such as the pouring of slab or footings, the installation of piles, the construction of columns, or any work beyond the stage of excavation; or the placement of a manufactured home on a foundation. Permanent construction does not include land preparation, such as clearing, grading and filling; nor does it include the installation of streets and/or walkways; nor does it include excavation for a basement, footings, piers, or foundations or the erection of temporary forms; nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main structure. For substantial improvement, the actual start of construction means the first alteration of any wall, ceiling, floor, or other structural part of a building, whether or not that alteration affects the external dimensions of the building.

(32) “Stream” is defined in GMC Section 17.27.090(24).

(33) “Structure” means a walled and roofed building, a manufactured home or a gas or liquid storage tank that is principally above ground.

(34) “Substantial damage” means damage of any origin sustained by a structure whereby the cost of restoring the structure to its before damaged condition would equal or exceed 50 percent of the market value of the structure before the damage occurred.

(35) “Substantial improvement” means any repair, reconstruction or improvement of a structure, the cost of which equals or exceeds 50 percent of the market value of the structure either before the improvement or repair is started or if the structure has been damaged and is being restored, before the damage occurred. For the purposes of this definition “substantial improvement” is considered to occur when the first alteration of any wall, ceiling, floor or other structural part of the building commences, whether or not that alteration affects the external dimensions of the structure. The term does not, however, include either:

(a) Any project for improvement of a structure to correct existing violations of state or local health, sanitary or safety code specifications which have been identified by the local code enforcement official and which are the minimum necessary to assure safe living conditions; or

(b) Any alteration of a structure listed on the National Register of Historic Places or a State Inventory of Historic Places.

(36) “Utility facilities” is defined in GMC Section 17.27.090(26).

(37) “Watercourse” means a channel in which a flow of water occurs, either continuously or intermittently, and if the latter, with some degree of regularity. Such flow must be in a definite direction.

(38) “Wetlands” is defined in GMC Section 17.27.090(29).

Statutory Reference: ORS

History: Ord. 1334 §4 (Part) 2002, Ord. 1408, 2008; Ord. 1538 §1 (Exh. A), 2025.