Gladstone City Zoning Code
DIVISION V
USE PERMITS AND AMENDMENTS
17.66.010 Purpose.
17.66.015 Coordination of applications and procedures.
(1) Staff Coordination. The City Administrator or designee shall be responsible for coordinating applications and the decision-making procedures required by this chapter.
(2) Consolidation. The applicant shall be provided with the opportunity to apply for all permits necessary for a development project at one time, in accordance with ORS 227.175(2). The consolidated application shall be processed under the most stringent procedure required for any part of the development proposal.
(3) Permits. No permit for a proposed use shall be issued until a final decision has been made approving or conditionally approving a completed application. The issuance of a permit shall conform with the regulations of this chapter and any conditions of approval.
(4) Time Limit Extensions. If the code allows an applicant to request a renewal or an extension of the expiration date of a land use approval, the applicant must make the request in writing. A decision to approve the request must occur, if at all, prior to the associated expiration date. Retroactive renewals or extensions will not be granted. It is an applicant’s responsibility to timely submit a renewal or extension request in order to permit the city sufficient time to approve or deny the request prior to the expiration date. In accordance with GMC Chapter 17.82, the city may impose a fee on a request for a renewal or an extension.
(a) A request to renew or extend a design review approval must be submitted at least 90 days prior to the expiration date of the approval.
History: Ord. 1483 §2 (Exh. 5), 2017; Ord. 1498 §1 (Exh. A), 2019.
17.68.010 Authorization to initiate amendments.
(1) An amendment to the text of this title or the Comprehensive Plan may be initiated by the City Council, the City Planning Commission or the City Administrator or designee.
(2) An amendment to the Zoning Map or to the Comprehensive Plan Map may be initiated by:
(a) The City Council;
(b) The City Planning Commission;
(c) The City Administrator or designee; or
(d) By application of a property owner, contract purchaser or authorized agent of the subject property.
(3) The request by a property owner for a map amendment shall be accomplished by filing an application with the city using forms prescribed by the city and submitting the information required from the applicant under GMC Section 17.68.050.
Statutory Reference: ORS Ch. 197 and 227
History: Ord. 1131 §2, 1990; Ord. 1199 §1, 1994; Ord. 1262 §1, 1998; 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.]
17.68.020 Review process.
17.68.030 Record maintenance.
17.68.040 Conditions.
(1) City Council May Require Conditions. When necessary to properly relate new developments to existing or anticipated conditions in the vicinity or to make possible a higher quality of development than would otherwise be possible, the City Council may determine that a zone change will be accompanied by the acceptance or accomplishment of certain specified conditions. Conditions and requirements invoked pursuant to a zoning map amendment shall thereafter apply to the property so zoned.
(2) Acceptance of Conditions. Such conditions shall be designed to further the objectives of the Comprehensive Plan and the zoning ordinance codified in this title and shall clearly set forth, in written form or upon drawings, all restrictions and requirements which will be applicable to the property rezoned. Where a zone change is made subject to such conditions, it shall become effective upon written acceptance and filing of the applicable terms and conditions by the property owner and by any other person intending to have an ownership interest in or to develop the property. The signed acceptance of conditions shall be filed with the City Recorder and a certified copy shall also be filed in the county deed records at the expense of the petitioner.
(3) Type of Conditions. Conditions may include special measures designed to limit use or density, screen or separate buildings or portions of the site from adjoining property; limit access from important thoroughfares or through residential areas; provide additional right-of-way for an abutting street, preserve or provide public access to greenspace, floodplains, or river frontage; improve bicycle or pedestrian safety and connectivity; or improve transit capacity and efficiency.
(4) No Variance of Ordinance Standards. In connection with the adoption of a zoning amendment, ordinance standards may be varied only when the Planning Commission finds that the development proposed and covered by specific limiting conditions will provide benefits and safeguards equal to or better than those possible under a strict interpretation of the zoning ordinance. In no case shall a use not specifically permitted within the zoning district be allowed under this section and GMC Section 17.68.050. When circumstances as described in GMC Section 17.72.020 (circumstances for granting) exist, the regular variance procedures shall be followed.
(5) Building Permit Conditions. In addition to conditions as described above in this section, the Council may also provide that a zoning amendment will become effective upon satisfactory performance by the applicant of certain conditions or actions, such as a bona fide application for a building permit within a specified period of time.
Statutory Reference: ORS Ch. 197 and 227
History: Ord. 1131 §2, 1990; Ord. 1483 §2 (Exh. 5), 2017; Ord. 1535 §1 (Exh. A), 2024.
17.68.050 Evidence supplied by applicant.
The applicant seeking a zoning map change pursuant to the provisions of GMC Section 17.68.010 must show by a preponderance of the evidence all of the following, unless otherwise provided for in this title:
(1) Granting the request fulfills a public need; the greater departure from present development policies or land use patterns, the greater the burden of the applicant.
(2) The public need is best carried out by granting the petition for the proposed action, and that need is best served by granting the petition at this time.
(3) The proposed action is consistent with the Comprehensive Plan and Metro’s Functional Plan (Metro Code 3.07), and the Transportation Planning Rule (OAR 660-012-0060).
(4) Proof of significant change in a neighborhood or community or a mistake in the planning or zoning for the property under consideration, when relevant.
(5) The property and affected area is presently provided with, or concurrent with development can be provided with, adequate public facilities, including, but not limited to, the planned function, capacity, and performance standards of the transportation system as adopted in the transportation system plan.
(6) The transportation system is capable of safely supporting the uses allowed by the proposed designation in addition to the existing and planned uses in the area, consistent with the Transportation Planning Rule (OAR 660-012-0060). Requirements of the State Transportation Planning Rule shall apply to those land use actions that significantly affect the transportation system, as defined by OAR 660-012-0060.
Statutory Reference: ORS Ch. 197 and 227
History: Ord. 1131 §2, 1990; Ord. 1289 §1, 2000; Ord. 1483 §2 (Exh. 5), 2017; Ord. 1535 §1 (Exh. A), 2024.
17.70.010 Authorization to grant or deny.
(1) Approval Criteria. A conditional use may be approved, pursuant to GMC Division VII (administrative procedures), if the applicant demonstrates that the proposed use:
(a) Is listed as a conditional use in the underlying zoning district or is authorized pursuant to GMC Chapter 17.74 (authorization of similar uses);
(b) Is suitable for the proposed site, considering size, shape, location, topography, existence of improvements and natural features;
(c) Is timely, considering the adequacy of transportation systems, public facilities and services existing or planned for the area affected by the use;
(d) The location, size, and functional characteristics of the proposal are such that it can be made reasonably compatible with and have a minimal impact on livability and appropriate development of properties in the area and neighborhoods surrounding the subject site.
(e) Satisfies the policies of the comprehensive plan that apply to the proposed use.
(2) Conditions of Approval. In addition to the specific requirements of this title, including those set forth in GMC Chapter 17.62 (special uses), and the comprehensive plan, approval of a conditional use may be granted subject to additional conditions that are found necessary to protect the best interests of the surrounding area or the city as a whole. These conditions may include, but are not limited to, the following:
(a) Limiting the hours, days, place and manner of operation;
(b) Requiring design features that minimize environmental impacts such as noise, vibration, smoke, dust, fumes and glare;
(c) Requiring increased setbacks, lot area, lot depth and lot width;
(d) Limiting building height, size, lot coverage and location on the site;
(e) Designating the size, number, location and design of vehicle access points;
(f) Requiring street right-of-way to be dedicated and streets to be improved;
(g) Requiring landscaping, screening, drainage and surfacing of parking and loading areas;
(h) Limiting the number, size, location, height and lighting of signs;
(i) Regulating the location and intensity of outdoor lighting;
(j) Requiring a sight-obscuring fence or hedge to screen the conditional use from adjacent to or nearby property;
(k) Construction of off-site transportation improvements to mitigate impacts resulting from development that relate to capacity deficiencies and public safety; and
(l) Upgrade or construct public facilities to city standards.
(3) Nonconforming Uses. When a nonconforming use is classified in this title as a conditional use, any change in the use, lot area or a structure associated with the use, shall comply with the requirements of this chapter, except:
(a) Normal maintenance, as defined in GMC Section 17.70.010(4), shall be permitted without conditional use review;
(b) Nonconforming single family dwellings may be expanded, remodeled, altered or replaced where there is no increase in the number of dwelling units, and where substantial construction of any replacement occurs within one year of destruction, without conditional use review;
(c) Uses operating between the hours of 12:00 a.m. and 5:00 a.m., prior to the date uses operating between those hours were classified as conditional uses, shall be permitted without conditional use review, unless:
(i) There is a change in the underlying use of the given property. For instance, a restaurant that operated between 12:00 a.m. and 5:00 a.m., prior to the date uses operating between those hours were classified as conditional uses, could continue to operate between those hours after said date, without conditional use review. Furthermore, a restaurant that operated between 12:00 a.m. and 5:00 a.m. prior to said date could be operated as a different restaurant after said date and continue to operate between those hours, without conditional use review. However, a restaurant that operated between 12:00 a.m. and 5:00 a.m. prior to said date could not continue to operate between those hours as a tavern, convenience store, etc., unless conditional use approval was sought and received. The city believes this approach to be rationally related to the city’s desire to ensure that any such change in the underlying use of a given property can be made compatible with and have a minimal impact upon surrounding neighborhoods if continued late night operation is desired.
(4) Modifications. With the exception of normal maintenance and the expansion, remodeling, alteration or replacement of a single-family dwelling, modification of an existing conditional use shall comply with the requirements of this chapter. Normal maintenance of structures and premises that are part of a conditional use shall be permitted provided there are no significant use or structural alterations. Normal maintenance may include painting, roofing, siding, interior remodeling, electrical work, plumbing work, re-paving of access roads and parking/loading areas, replacement of landscaping elements or other similar tasks. Normal maintenance does not include increasing the number of dwelling units, constructing new structures or constructing additions to existing structures except to the extent that an addition is necessary to render a structure accessible to the disabled. Normal maintenance performed shall be consistent with previous approvals of the conditional use. Expansion, remodeling, alteration or replacement of a single-family dwelling shall not qualify for the exception under this subsection if the modification would result in an increase in the number of dwelling units.
(5) Under GMC Sections 17.16.040, 17.18.040 and 17.20.040, a use shall be deemed operating if the use is open for operation to serve the general public, or open for operation to serve a private membership, without limitation.
Statutory Reference: ORS Ch. 197 and 227
History: Ord. 1131 §2, 1990; Ord. 1341, 2003; Ord. 1483 §2 (Exh. 5), 2017.
17.70.040 Time limit on permit.
(1) Approval of a conditional use shall expire if substantial construction has not occurred within one (1) year—or such lesser time as may be specified as a condition of approval—of the date of the final decision.
(2) Upon request and in accordance with GMC Section 17.66.015(4), the one-year period may be renewed once by the City Administrator or designee for not more than one year.
Statutory Reference: ORS Ch. 197 and 227
History: Ord. 1131 §2, 1990; Ord. 1323 §1, 2002; Ord. 1498 §1 (Exh. A), 2019.
17.72.010 Authorization to grant or deny.
(1) Scope. Variances from this title may be approved where it can be shown that strict application of the provisions in this title would cause an undue or unnecessary hardship.
(2) Limitations. No variance shall be granted to authorize a use that is not allowed in the zoning district in which the property is located. Approval of a variance may be granted subject to conditions that are found necessary to protect the best interests of the surrounding area and otherwise achieve the purposes of this title.
17.72.020 Circumstances for granting.
A variance may be approved, pursuant to GMC Division VII (administrative procedures), if the applicant demonstrates the following:
(1) Exceptional or Extraordinary Circumstances. Exceptional or extraordinary circumstances apply to the property that do not apply generally to other properties in the same zoning district or vicinity and that result from lot size or shape, legally existing prior to the date of the ordinance codified in this title, topography or other circumstances over which the applicant has no control.
(2) Preservation of Rights. The variance is necessary for the preservation of a property right of the applicant that is substantially the same as owners of other property in the same zoning district or vicinity possess.
(3) Not Materially Detrimental. The variance would not be materially detrimental to the purposes of this title or to property in the same zoning district or vicinity and would not conflict with the comprehensive plan.
(4) Minimum Variance. The variance requested is the minimum variance that would alleviate the hardship.
(5) Not Result of an Illegal Act. The request for a variance is not the result of an illegal act.
17.72.040 Time limit.
(1) Approval of a variance shall expire if substantial construction has not occurred within one year of the date of the final decision.
(2) Upon request and in accordance with GMC Section 17.66.015(4), the one-year period may be renewed once by the City Administrator or designee for not more than one year.
Statutory Reference: ORS Ch. 197 and 227
History: Ord. 1131 §2, 1990; Ord. 1160 §1, 1992; Ord. 1323 §1, 2002; Ord. 1498 §1 (Exh. A), 2019.
17.73.010 Authorization to grant or deny.
(1) Scope. Adjustments from this title may be approved where it can be shown that strict application of the provisions in this title would cause an undue or unnecessary hardship and the circumstances for granting an adjustment are met. Approval of an adjustment may be granted subject to conditions that are found necessary to protect the best interests of the surrounding area and otherwise achieve the purposes of this title and the regulations proposed for adjustment.
Statutory Reference:
History: Ord. 1374 §1, 2006.
17.73.020 Circumstances for granting.
Unless otherwise limited, an adjustment may be approved, if the request involves only the expansion or reduction by not more than 20% of one or more quantifiable provisions of this code and if the applicant demonstrates the following:
(1) A hardship is created by an unusual situation that is the result of lot size, lot shape, topography, development circumstances or an inability to use the land or public infrastructure more efficiently.
(2) The adjustment will not be materially injurious to property abutting the subject property.
(3) The adjustment is the minimum remedy necessary to alleviate the hardship.
(4) Architectural features of the proposed development will be compatible with the design character of existing structures on adjoining properties and on the proposed development site.
(5) The request for an adjustment is not the result of an illegal act.
Statutory Reference:
History: Ord. 1374 §1, 2006.
17.73.030 Adjustment limitations.
Adjustments may not be utilized to:
(1) Reduce width of accessways required for flag lots created through the partition or subdivision process.
(2) Reduce the area reserved for private outdoor space and/or usable open space.
(3) Reduce project site amenities such as screening and/or landscaping provisions.
(4) Increase fence height inside clear-vision areas.
(5) Reduce minimum or increase maximum densities per net acre in residential zones.
(6) Authorize a use that is not allowed in the zoning district in which the property is located.
(7) Change a definition or a use classification. For instance a “recreation vehicle” under 17.06.435 may not be adjusted to include a vehicle with floor space in excess of two hundred square feet.
Statutory Reference:
History: Ord. 1374 §1, 2006.
17.73.040 Time limit.
(1) Approval of an adjustment shall expire if substantial construction has not occurred within one (1) year of the date of the final decision.
(2) Upon request and in accordance with GMC Section 17.66.015(4), the one-year period may be renewed once by the City Administrator or designee for not more than one year.
Statutory Reference:
17.74.010 Authorization of similar uses.
The Planning Commission may permit in a particular zoning district a use not listed in this title, provided the use is of the same general type and character as the uses permitted there by this title. However, this section does not authorize the inclusion in a zoning district where it is not listed of a use specifically listed in another zoning district or which is of the same general type and is similar to a use specifically listed in another zoning district.
Statutory Reference: ORS Ch. 197 and 227
History: Ord. 1131 §2, 1990.
17.76.010 Exceptions—Generally.
17.76.020 Nonconforming uses and nonconforming developments.
(1) Continuance of a Nonconforming Use or a Nonconforming Development: Alteration of a Nonconforming Development. Except as provided herein, a nonconforming use may be continued but may not be altered or extended. The extension of a nonconforming use to a portion of a development which was arranged or designed for the nonconforming use at the time of passage of the ordinance codified in this title is not an enlargement or expansion of a nonconforming use. A nonconforming development which conforms with respect to use may be altered or extended provided the alteration or extension conforms to the standards of this title.
(2) Discontinuance of a Nonconforming Use. If a nonconforming use is discontinued for a period of one (1) year, further use of the property shall conform to this title.
(3) Maintenance. Normal maintenance of structures and premises that are part of a nonconforming use shall be permitted provided there are no significant use or structural alterations. Normal maintenance may include painting, roofing, siding, interior remodeling, electrical work, plumbing work, re-paving of access roads and parking/loading areas, replacement of landscaping elements or other similar tasks. Normal maintenance does not include increasing the number of dwelling units, constructing new structures or constructing additions to existing structures except to the extent that an addition is necessary to render a structure accessible to the disabled.
(4) Alterations Required by Law. Alteration of a nonconforming use shall be permitted when necessary to comply with any lawful requirement for alteration of the use or structures and premises associated with the use. Such alteration shall be subject to building, plumbing, electrical and other permit requirements in effect at the time the alteration is begun.
(5) Alterations Not Required by Law. A nonconforming use may be altered, expanded or changed to another nonconforming use pursuant to GMC Division VII (administrative procedures) and subject to the following criteria:
(a) The alteration, expansion or change of use will, after the imposition of conditions as authorized below, have no greater adverse impact on the neighborhood than the existing use. At a minimum, factors that shall be considered under this criterion include traffic generation, noise, vibration, smoke, dust, fumes, glare and visual compatibility with surrounding uses;
(b) Conditions of approval may be imposed on any alteration, expansion or change of use when deemed necessary to ensure the mitigation of any adverse impacts of such alteration, expansion or change of use. These conditions may include, but are not limited to, the following:
(A) Limiting the hours, days, place and manner of operation;
(B) Requiring design features that minimize environmental impacts such as noise, vibration, smoke, dust, fumes and glare;
(C) Requiring increased setbacks, lot area, lot depth and lot width;
(D) Limiting the building height, size, lot coverage and location on the site;
(E) Designating the size, number, location and design of vehicle access points;
(F) Requiring street right-of-way to be dedicated and streets to be improved;
(G) Requiring landscaping, screening, drainage and surfacing of parking and loading areas;
(H) Limiting the number, size, location, height and lighting of signs;
(I) Regulating the location and intensity of outdoor lighting; and
(J) Requiring a sight-obscuring fence or hedge to screen the nonconforming use from adjacent or nearby property.
(6) Destruction of a Nonconforming Use or a Nonconforming Development. If a nonconforming use or a nonconforming development is destroyed by any cause to an extent exceeding 75 percent of its fair market value as indicated by the records of the Clackamas County Assessor, a future use or development on the site shall conform to the requirements of this title. Nonconforming single-household and multi-household dwellings shall not be deemed nonconforming for the purpose of this subsection and may be replaced regardless of the extent of destruction provided the development is within the same structure footprint and that replacement commences within one year of destruction.
(7) Plans Otherwise Approved. Nothing contained in this chapter shall require any change in the plans, construction, alteration or designated use of a structure for which a building permit has been approved by the city and issued by Clackamas County and for which construction has commenced prior to the adoption of the ordinance codified in this title provided that the structure, if nonconforming or intended for a nonconforming use, is completed and in use within one year of the date the building permit is issued.
(8) Residential Uses. Nonconforming single-household dwellings, nonconforming two-household and multi-household dwellings in commercial and industrial zoning districts and nonconforming two-household dwellings in the R-5 zoning district shall not be deemed nonconforming for the purpose of expansion, remodeling or alteration for residential use or for residential accessory uses provided that there is no increase in the number of dwelling units other than the addition of an accessory dwelling unit when otherwise permitted by this title. The number of stories and the area of the structure footprint of a two-household dwelling in the R-5 zoning district shall not be increased.
Statutory Reference: ORS Ch. 197 and 227
History: Ord. 1131 §2, 1990; Ord. 1171 §1 (G), 1993; Ord. 1267 §1, 1998; Ord. 1291 §1, 2000; Ord. 1323 §1, 2002; Ord. 1374 §2, 2006; Ord. 1515 §2 (Exh. B), 2022.
17.76.030 Lot size requirements.
A lot of record that has an area less than the minimum lot area standard of the zoning district in which it is located may be developed with a use allowed in the zoning district, except that in a zoning district where dwellings are an allowed use, residential development shall be limited to one single-household dwelling. Development on an undersized lot of record shall comply with other applicable standards of this title.
Statutory Reference: ORS Ch. 197 and 227
History: Ord. 1131 §2, 1990; Ord. 1323 §1, 2002. Ord. 1374, 2006; Ord. 1515 §2 (Exh. B), 2022.
17.76.040 Setback requirements.
The following exceptions to setback requirements may be authorized for a lot in any zoning district:
(1) Average of Adjacent Front Setbacks. If there are buildings on both abutting lots which are within one hundred feet (100’) of the intervening lot, and the buildings have front setbacks of less than the minimum for the zoning district, the front setback for the intervening lot need not exceed the average front setback of the abutting lots or ten feet (10’), whichever is greater. However, in all cases the minimum front setback requirement of the zoning district shall be maintained for a garage or carport if the garage vehicle entrance or an open side of the carport faces the front lot line.
(2) Related to Abutting Front Setbacks. If there is a building on one (1) abutting lot which is within one hundred feet (100’) of the lot, and this building has a front setback of less than the minimum for the zoning district, the front setback for the lot need not exceed the average of the front setback of the abutting lot and the minimum front setback for the zoning district, or ten feet (10’), whichever is greater. However, in all cases the minimum front setback requirement of the underlying zoning district shall be maintained for a garage or carport if the garage vehicle entrance or an open side of the carport faces the front lot line.
(3) Corner Lots with Frontage on a Private Street. Where a corner lot has frontage on a public street and also has frontage on a private street from which it does not receive vehicular access, the lot line abutting the private street shall be considered a side lot line for the purpose of determining the minimum setback requirement.
(4) Front Setbacks from Private Streets or Flag Lot Accesses. Where the front lot line of a lot in an R-5 or R-7.2 zoning district abuts a private street or the narrow deeded strip of land or easement providing access to a flag lot, the front setback may be reduced to ten feet (10’). However, if a garage vehicle entrance or an open side of a carport faces the front lot line, a minimum setback of twenty feet (20’) shall be maintained between the garage or carport and the interior edge of the private street or flag lot access drive.
(5) Flag Lots. For the purpose of determining the minimum setback requirements for a flag lot, the designation of front, rear and side property lines may be modified to allow flexibility in the placement of structures when one or both of the following conditions apply:
(a) It is not possible to extend the narrow deeded strip of land or easement providing access to the flag lot to serve additional lots due to physical conditions such as topography or existing development; or
(b) It is not necessary to extend the narrow deeded strip of land or easement providing access to the flag lot to serve additional lots because the subject property and adjacent property are fully developed or have adequate alternative access from existing streets.
(6) Fences and walls. There shall be no minimum setback requirements for fences and walls. Compliance with GMC Chapter 17.54 (clear vision) shall be required.
(7) Through lots. In the case of a through lot, either of the lot lines separating the lot from a street other than an alley may be designated by the property owner as the front lot line with the other such lot line designated as a rear lot line. However, in a residential zoning district, a minimum setback of twenty feet (20’) shall be maintained between a garage vehicle entrance or an open side of a carport and a street.
Statutory Reference: ORS Ch. 197 and 227
History: Ord. 1131 §2, 1990; Ord. 1289 §1, 2000; Ord. 1323 §1 (pan), 2002.
17.78.010 Purpose.
The purpose of this chapter is to:
(1) Permit residents an opportunity to use their homes to engage in small-scale business ventures which could not be sustained if it were necessary to lease commercial quarters, or because the nature of the activity would make it impractical to expand to a full-scale enterprise; and
(2) Establish approval criteria and standards to ensure that a home occupation is conducted as a lawful use that is subordinate to the residential use of the property and is conducted in a manner that is not detrimental or disruptive in terms of appearance or operation to neighboring properties and residents.
History: Ord. 1528 §1 (Exh. A), 2024.
17.78.020 Applicability and exemptions.
(1) A person shall not engage in a home occupation that does not comply with the provisions of this chapter. A person shall not permit a home occupation to occur on property that the person owns or is in lawful control of if the home occupation does not comply with the provisions of this chapter.
(2) Any business operating from a residential property must obtain a home occupation and a Gladstone business license unless specifically exempted by subsection (3) of this section.
(3) Exemptions from the provisions of this chapter are:
(a) Garage sales, yard sales, estate sales, and similar activities;
(b) Hobbies that do not result in payment to those engaged in the activity;
(c) Remote office workers who work for a business whose license is held outside of the City of Gladstone; and
(d) Family child care homes.
(4) A home occupation permit and the associated permit fee are required for each property on which a home occupation is undertaken.
Statutory Reference: ORS Ch. 197 and 227
History: Ord. 1131 §2, 1990; Ord. 1356 §1, 2004; Ord. 1528 §1 (Exh. A), 2024.
17.78.030 Prohibited home occupations.
The following uses are not allowed as a home occupation in, or associated with, a dwelling unit:
(1) Any and all commercial services to automobiles, RV, boat or the like. This may include washing and lubrication services, automobile and truck maintenance and repair, painting, body and fender work, and storage. Headquarters, office and/or administrative functions related to automobile-related businesses may be allowed as a home occupation with no automobile services conducted on the site of the home occupation.
(2) Animal breeding and kennels as defined in GMC Section 17.06.240.
History: Ord. 1528 §1 (Exh. A), 2024.
17.78.040 Approval criteria and standards.
All home occupations shall comply with the following:
(1) A home occupation may be conducted only at the primary residence of the permittee. Persons, including employees, other than members of the permittee family who also reside in the dwelling, shall not engage in the home occupation.
(2) Deliveries to a home occupation shall be similar to other residential deliveries within 250 feet of the property. Vehicles used for delivery and pick up may not include heavy trucks (i.e., two or more axles).
(3) Offensive noise, vibration, smoke, dust, odors, heat or glare noticeable at or beyond the property line resulting from the home occupation are prohibited. A home occupation is subject to the provisions of GMC Chapter 8.04, Nuisances.
(4) The home occupation shall be operated entirely within the dwelling unit and any conforming accessory structure on the same lot or parcel. All activities must be in completely enclosed, hard-sided structures. Exterior activities, storage or display of goods, equipment or materials is prohibited. The total area that may be used in an accessory building for the home occupation, including materials and product storage, shall not exceed 800 square feet or 25 percent of the combined residence and accessory structure gross floor area, whichever is smaller. Indoor storage of materials or products shall comply with the building, fire, health, and housing codes.
(5) A home occupation shall not require a change in the applicable building code use classification of the dwelling unit, as determined by the building official. Any accessory building that is used in the home occupation must meet the applicable building code requirements.
(6) More than one business activity constituting two or more home occupations is allowed on one property only if the combined floor space of the business activities does not exceed 800 square feet or 25 percent of the combined gross floor area of the residence and accessory structure, whichever is smaller. Each home occupation shall apply for a separate home occupation permit, if required by this chapter, and each shall also have a separate business license.
(7) Storage and/or distribution of toxic or flammable materials, and spray-painting or spray-finishing operations that involve toxic or flammable materials which in the judgment of the fire marshal pose a dangerous risk to the residence, its occupants, and/or surrounding properties are prohibited. The person conducting the home occupation shall make available to the fire marshal for review the material safety data sheets which pertain to all potentially toxic and/or flammable materials associated with the use.
(8) A home occupation shall not require any on-street parking other than that normally required for the residence.
(9) Customers and clients of the home occupation shall not visit the business between the hours of 8:00 p.m. and 8:00 a.m. and shall not generate excessive traffic or on-street parking.
(10) A dwelling shall not be used for the assembly of employees for instructions or other purposes or to be dispatched for work at other locations.
(11) The dwelling or an accessory building may not be enlarged or altered in a way that requires a building permit for the primary purpose of conducting a home occupation.
(12) The premises shall at all times be maintained as residential in appearance, cleanliness and quietness.
(13) Signs advertising the home occupation or any aspect thereof shall be affixed directly to the dwelling. The total size of all combined signage shall not exceed a total of one square foot in area.
Statutory Reference: ORS Ch. 197 and 227
History: Ord. 1131 §2, 1990; Ord. 1356 §1, 2004; Ord. 1528 §1 (Exh. A), 2024.
17.78.050 Procedure to establish and maintain a home occupation.
(1) A person engaging in a home occupation must use the dwelling as the person’s primary residence, pay the one-time home occupation fee, comply with the provisions of this chapter, and maintain a valid business license.
(a) A home occupation permit will become invalid if the permittee applicant fails to renew the annual business license before the expiration period or moves from the residence.
(2) The city will send notice of a home occupation application to property owners/residents located within 200 feet of the proposed home occupation at least 15 days before the city issues a decision on the application.
(a) A person may submit any comments or concerns regarding the application to the city in writing, including identifying the relevant requirement(s) of this chapter.
(b) If the city determines that the application does not comply with the requirement(s) of this chapter, the proposed home occupation shall be modified to comply with the requirements of this chapter before the home occupation will be approved or the home occupation request shall be denied.
(3) A permit for a home occupation may be revoked at any time if the requirements of this code are not being met.
Statutory Reference: ORS Ch. 197 and 227
History: Ord. 1131 §2, 1990; Ord. 1356 §1, 2004; Ord. 1528 §1 (Exh. A), 2024.
17.78.060 Action regarding complaints and violation of standards.
(1) A complaint may be filed by the City of Gladstone or the public. A complaint shall be filed with the City Administrator or designee. A complaint shall clearly state the objection to the home occupation, based on the criteria in this chapter.
(2) A complaint shall be reviewed by the Code Compliance Officer or designee. The city may approve the continuation of the home occupation use as it exists, revoke the home occupation permit, or compel measures to be taken to bring the home occupation into compliance with this chapter. The operator of the home occupation may appeal the decision in accordance with GMC Section 17.92.010.
(3) If it is determined, in exercise of reasonable discretion, the home occupation that is the subject of the complaint will negatively affect public health and/or safety, the city may order home occupation activities to cease pending exhaustion of all appeals. Violation of such an order shall be deemed a violation of this code.
History: Ord. 1528 §1 (Exh. A), 2024.
17.78.070 Violations.
A violation of any standard of this chapter or any condition of approval for a home occupation is a Class “A” infraction. A separate violation occurs for each day that the violation continues.
History: Ord. 1528 §1 (Exh. A), 2024.
17.80.011 Objectives.
The following objectives of the regulations in this chapter are as follows:
(1) To preserve the natural environment and protect and enhance the visual character of the city, and to ensure compliance with the goals, objectives and policies of the Gladstone Comprehensive Plan, zoning and subdivision ordinances.
(2) To encourage orderly development and to assure that structures, signs and other improvements are appropriately related to their site, and to surrounding sites and structures. Due regard shall be given to the aesthetic qualities of the terrain and landscaping, and proper attention given to exterior appearance of structures, signs, energy conservation and other improvements.
(3) To ensure significant site development will be compatible with land use on adjacent properties.
(4) To protect neighboring owners and users by assuring that reasonable provisions have been made for such matters as surface water drainage, the preservation of views, light, air and solar access and those effects on neighboring land uses.
Statutory Reference: ORS Ch. 197 and 227
History: Ord. 1254 §2, 1998.
17.80.021 Applicability.
(1) This chapter shall apply to new structures; additions to existing structures; site development, such as grading, parking lot construction or commercial/industrial use of an undeveloped property; change of use; and major remodeling, with the following exceptions:
(a) Single-household dwellings, middle housing, and their allowed accessory uses;
(b) Utility lines and equipment cabinets, not including towers or substations, provided such equipment cabinets are no greater than 120 square feet in area and 10 feet in height;
(c) Fences unless associated with a primary, accessory or conditional use in the Office Park District or unless design review is required to grant an exception to the maximum fence height standard of the zoning district;
(d) Fabric-covered awnings;
(e) Playground equipment;
(f) Grading that does not require a permit under the Clackamas County Excavation and Grading Code;
(g) Signs reviewed by the City Administrator or designee pursuant to GMC Chapter 17.52 (Signs);
(h) Vehicular or pedestrian right-of-way improvements provided such improvements are not associated with additional development that is subject to design review;
(i) Changes of use where:
(A) The proposed change is not from a residential, commercial/industrial or institutional use to a use in a different one of these categories;
(B) The new use is not required by this title to have a greater number of off-street parking spaces than the previous use or at least the minimum number of off-street parking spaces required by this title for the new use currently exists. However, where applicable parking requirements are not identified in Table 1 of GMC Section 17.48.030 (standards for developments subject to design review) or where on-street parking is proposed to fulfill a portion of the minimum off-street parking requirement, design review shall be required;
(j) Normal maintenance of structures and premises provided there are no significant use or structural alterations. Normal maintenance may include painting, roofing, siding, interior remodeling, electrical work, plumbing work, re-paving of access roads and parking/loading areas, replacement of landscaping elements or other similar tasks. Normal maintenance does not include increasing the number of dwelling units, constructing new structures or constructing additions to existing structures except to the extent that an addition is necessary to render a structure accessible to the disabled. Normal maintenance performed shall be consistent with previous design review approvals for the site.
(2) If a design review application is required, no building, sign, grading or blasting permit shall be issued until design review approval has been granted.
(3) An application for design review shall be reviewed pursuant to GMC Division VII (administrative procedures) and shall be reviewed for compliance with standards of the underlying zoning district and GMC Division IV (development standards).
Statutory Reference: ORS Ch. 197 and 227
History: Ord. 1254 §2, 1998; Ord. 1289 §1, 2000; Ord. 1323§1, 2002; Ord. 1515 §2 (Exh. B), 2022.
17.80.061 Submittal requirements.
(1) An application for design review shall include a minimum of twelve (12) copies of the following plans drawn to scale. A project summary shall accompany the application when necessary to describe special circumstances such as a request for a minor exception pursuant to GMC Section 17.80.090 (minor exceptions).
(a) Vicinity Map: The vicinity map shall show the location of the subject property relative to well-known landmarks in all directions and shall be at least four inches (4”) by four inches (4”) in size.
(b) Site Plan: The site plan shall include the following:
(A) The applicant’s entire property and the surrounding area to a distance sufficient to determine the relationship between the applicant’s property and proposed development and adjacent property and development;
(B) Lot lines, dimensions and area of the subject property;
(C) Complete names, addresses and telephone numbers of the property owner, applicant and project designer;
(D) Natural features including, but not limited to, individual trees greater than six inches (6”) in diameter at five feet (5’) above the ground (identify the species), wooded areas, wildlife habitat areas, streams and stream corridors, marsh and wetland areas, underground springs, surface features such as earth mounds and large rock outcroppings, significant views, natural drainage on the subject property and adjacent properties, areas of special flood hazard and potential geologic hazards such as areas of mass movement and soil hazards. Identify proposed alterations to natural features;
(E) Location, dimensions and names of all proposed rights-of-way and all existing rights-of-way within or adjacent to the subject property. Include proposed new curbs and sidewalks. Include existing curbs and sidewalks where necessary to show a connection to new curbs and sidewalks;
(F) Location and dimensions of existing and proposed easements, to which property they are conveyed and for what purpose(s). Include easements on the subject property and off-site easements conveyed to the subject property;
(G) Identification of existing uses of the subject property, including the location and exterior dimensions of existing structures. Identify whether existing structures will remain on the property or be removed;
(H) Location of proposed and existing utilities on the subject property and the location of adjacent off-site utilities to which on-site utilities will connect. Include water, sanitary sewer, storm drainage, gas, electric (including power poles) and other utilities;
(I) Location and exterior dimensions of all proposed structures;
(J) Relation of the subject property to nearby transit stops;
(K) Location and dimensions of individual parking spaces, parking lot access aisles, driveways and pedestrian and bicycle circulation;
(L) Lighting (include type);
(M) Service areas for trash disposal, recycling, loading and delivery and bicycle parking;
(N) Location of potential noise sources in the proposed development;
(O) Information about significant climatic variables including, but not limited to, solar potential, wind direction and wind velocity.
(c) Grading Plan: The preliminary grading plan shall indicate where and to what extent grading will occur and shall include approximate proposed contour lines, slope ratios, slope stabilization proposals and natural resources protection proposals. Existing contour lines shall also be shown. Proposed and existing contour lines shall be shown at maximum intervals of two feet (2’) for slopes less than ten percent (10%), five feet (5’) for slopes between ten (10) and twenty percent (20%) and ten feet (10’) for slopes exceeding twenty percent (20%). A slope analysis shall be provided showing portions of the site according to the following slope ranges: less than ten percent (10%), ten (10) to less than twenty percent (20%), twenty (20) to less than thirty-five percent (35%), thirty five percent (35%) to less than fifty percent (50%) and fifty percent (50%) or greater. Approximate area calculations shall be provided for each of these slope ranges.
(d) Architectural Drawings:
(A) Building elevations and sections;
(B) Building materials, including color and type;
(C) Sufficient architectural details pertaining to exterior building materials, including samples and views from roads and other properties, as determined by the City Administrator or designee, to assure compliance with 17.44.020(4);
(D) Floor plans.
(e) Landscape Plan: The landscape plan shall be at the same scale as the site plan and shall include:
(A) Lot lines and adjacent rights-of-way;
(B) Proposed structures and existing structures to remain;
(C) Parking and loading areas and driveways;
(D) Locations of proposed plants and existing plants to remain, keyed to a legend identifying botanical names, common names, sizes at planting and numbers;
(E) Description of soil conditions and plans for soil treatment such as stockpiling of topsoil. Include plant selection requirements relating to soil conditions;
(F) Erosion controls, including plant materials and soil stabilization, if any;
(G) Irrigation systems;
(H) Landscape-related structures such as fences, terraces, decks, patios, shelters, play areas, etc.;
(I) Boundaries of open space, recreation or reserved areas to remain, access to open space and any alterations proposed;
(J) Locations of pedestrian and bikeway circulation within landscaped areas;
(K) Method of planting and maintenance.
(f) Signs:
(A) Freestanding signs:
(i) Location on-site plan;
(ii) Elevation drawing (indicate size, total height, height between bottom of sign and ground, color, materials and means of illumination).
(B) On-building signs:
(i) Building elevation with location of sign (indicate size, color, materials and means of illumination);
(ii) Site plan showing location of on-building sign in relation to adjoining property.
(2) A transportation impact analysis shall be submitted if deemed necessary by the City Administrator or designee to assess the impacts of the proposed development.
(3) The City Administrator or designee may waive any submittal requirements of this chapter if they are deemed not necessary or not applicable due to the scale or nature of the development proposal.
17.80.080 Maintenance.
17.80.090 Minor Exceptions.
(1) Authority. In conjunction with the design review plan approval, the Planning Commission may grant minor exceptions from the following requirements:
(a) Dimensional standards for yards required in the primary district;
(b) Dimensional standards for off-street parking as required in GMC Chapter 17.48 (Off-Street Parking and Loading);
(c) Minimum and maximum number of off-street parking spaces required in GMC Chapter 17.48 (Off-Street Parking and Loading).
(2) Limitations. No minor exceptions shall be greater than twenty-five percent (25%) of the requirement from which the exception is requested. Requests greater than twenty-five percent (25%) shall be subject to variance procedures.
(a) In the case of a minor yard exception for landscaping, the Planning Commission shall find that approval will result in:
(i) More efficient use of the site;
(ii) Preservation of natural features, where appropriate;
(iii) Adequate provision of light, air and privacy to adjoining properties;
(iv) Energy conservation; and
(v) Adequate emergency access.
(b) In the case of a minor exception to the dimensional standards for off-street parking spaces or the minimum required number of off-street parking spaces, the Planning Commission shall find that approval will provide adequate off-street parking in relation to user demands. The following factors may be considered in granting such an exception:
(i) Special characteristics of users which indicate low demand for off-street parking (e.g. low income, elderly);
(ii) Opportunities for joint use of nearby off-street parking facilities;
(iii) Availability of public transit; and
(iv) Natural features of the site (topography, vegetation and drainage) which would be adversely affected by application of required parking standards.
(c) In the case of a minor exception to the maximum allowed number of off-street parking spaces, the Planning Commission shall find that approval will not result in excessive off-street parking relative to the user demand. The following factors shall be considered in granting such an exception:
(i) Special characteristics of users that indicate high demand for off-street parking. Characteristics generally attributable to the use classification upon which the maximum parking ratio is based shall not be considered “special characteristics” for purposes of this provision.
(ii) Lack of sufficient available on-street parking, public off-street parking or shared parking within one-quarter (1/4) mile walking distance of the subject site.
(iii) A study of parking demand, submitted by the applicant, for a use substantially similar to the one proposed.
17.80.100 Compliance.
(1) Approval of design review shall expire if construction has not begun within two years of the date of the final decision. Upon request and in accordance with GMC Section 17.66.015(4)(a), the two-year period may be renewed once by the City Administrator or designee for not more than one year.
(2) Prior to issuance of a final certificate of occupancy, the development site shall be checked by the City Administrator or designee to insure compliance with the approved design review plans. Approval of a final certificate of occupancy shall not be granted until all conditions of design review approval are met.
(3) Any departure from the approved design review plans may be cause for revocation of the building permit or denial of a final certificate of occupancy. Any changes in the approved design review plans shall be submitted to the City Administrator or designee for review and approval prior to execution. Changes to the substance of an approval or the substance of conditions of approval shall require the submittal of a new design review application.
Statutory Reference: ORS Ch. 197 and 227
History: Ord. 1254 §2, 1998; Ord. 1323 §1, 2002; Ord. 1498 §1 (Exh. A), 2019.
17.81.010 Purpose.
This chapter implements state and local laws, including ORS Chapter 222 and Metro Code Chapter 3.09, regarding the annexation of property into the City of Gladstone. It is intended to facilitate efficient urban and economic development opportunities by transferring jurisdiction over property within the Metro urban growth boundary from Clackamas County to the City of Gladstone. It also implements city-specific policies regarding annexation.
History: Ord. 1524 §1 (Exh. A), 2023.
17.81.020 Annexation proposal.
(1) Only owners of real property in the territory to be annexed, or the Gladstone City Council, may initiate an annexation. A property owner must file an application with the city to initiate an annexation and pay the associated fee. State law refers to the application as a “petition” for annexation. The City Council may initiate an annexation by simply approving a motion during a public meeting.
(2) If the city agrees to provide utility services (e.g., water or sewer service) to a property outside the city limits, the property owner must annex into the city. If, at the time the city agrees to provide utility services, the property is not contiguous to the city, then the property owner must enter into an annexation contract with the city in accordance with ORS 222.115.
History: Ord. 1524 §1 (Exh. A), 2023.
17.81.030 Petition.
(1) Prior to filing a petition for annexation, a property owner must schedule and attend a preapplication conference with the city. At that time, the city will review the annexation process with the property owner and identify the applicable requirements, including applicable forms and fees. The city manager may waive this requirement on a case-by-case basis. Annexations that the City Council may initiate are exempt from the preapplication conference requirement.
(2) Except as state law may otherwise permit, petitions for annexation must relate to territory located within the Metro urban growth boundary.
(3) A petition must be filed on a form provided by the city, be accompanied by the applicable fee, and include the following:
(a) The information required by Metro Code Section 3.09.040;
(b) A narrative addressing the approval criteria of this chapter, the criteria in Metro Code Sections 3.09.045(D), and if applicable, (E);
(c) A copy of an assessor’s map clearly showing the territory proposed for annexation and the existing boundary of the city near the territory;
(d) A legal description of the territory, which must be in the form of a metes and bounds description unless the territory was the product of a subdivision or partition, in which case it may be described by lot and block;
(e) The existing county zoning for the territory, and the proposed city zoning for the territory; and
(f) A determination of whether the territory proposed for annexation qualifies as a “minor boundary change” pursuant to Metro Code Chapter 3.09.
History: Ord. 1524 §1 (Exh. A), 2023.
17.81.040 Approval criteria.
The city may approve a petition for annexation if it finds the petition satisfies the following criteria:
(1) The territory proposed for annexation is located within the Metro urban growth boundary;
(2) The territory is contiguous to the existing boundary of the City of Gladstone;
(3) The proposed annexation complies with applicable provisions of ORS Chapter 222;
(4) The proposed annexation is consistent with applicable provisions of the city’s comprehensive plan;
(5) The proposed annexation complies with Metro Code Sections 3.09.045(D) and, if applicable, (E);
(6) The proposed zoning for the territory is consistent with the city’s comprehensive plan, and other Metro or state requirements that may affect the zoning for the territory; and
(7) Approving the proposed annexation is in the city’s best interest.
History: Ord. 1524 §1 (Exh. A), 2023.
17.81.050 Administration and approval process.
(1) Upon receipt of a petition, the City Administrator or designee will review the petition for completeness in a manner consistent with GMC Section 17.90.060, and subsequently allow the petitioner the opportunity to supplement the petition with any missing or requested information.
(2) The City Administrator or designee will review whether the territory proposed for annexation qualifies as a “minor boundary change” pursuant to Metro Code Chapter 3.09.
(a) If the petition qualifies as a “minor boundary change,” the city may review and approve the petition in accordance with Metro Code Section 3.09.045 and applicable terms of this chapter. Section 3.09.045 of the Metro Code allows the city to expedite review of minor boundary changes and does not require the city to hold a public hearing, unless a party entitled to notice requests one.
(b) If the petition does not qualify as a “minor boundary change,” the city will process the petition in accordance with GMC Section 17.94.060 and Metro Code Section 3.09.050.
(3) Notwithstanding any language to the contrary in this code, an annexation petition is not a “permit” as that term is defined in ORS 227.160. Therefore, annexations are not subject to the 120-day processing deadline established in ORS 227.178.
History: Ord. 1524 §1 (Exh. A), 2023.